City of Marco Island - Regular Meeting

THE CITY OF MARCO ISLAND

City Council Meeting June 3, 2002 6:05 p.m.

Chairman Tucker called the meeting to order and presided.

All Present, except for Councilman Arceri and Councilwoman Kelber who were absent.

Also Present: A. William Moss, City Manager

Ken Cuyler, City Attorney

Ladd Ryziw, Public Works Director

Greg Niles, Community Development Director

Laura Litzan, Deputy City Clerk

Bill Harrison, Interim Senior Accountant

Mike Murphy, Fire Chief

Thom Carr, Police Captain

Kelly Smith, Zoning Administrator

Other staff members and interested citizens and visitors

INVOCATION AND PLEDGE OF ALLEGIANCE

By: Greg Niles, Community Development Director

APPROVAL OF AGENDA

MOTION by Vice-Chair Minozzi to APPROVE THE AGENDA. Second by Councilman Boyce. Motion carried 5-0.

APPROVAL OF MINUTES

(A) Council Minutes for April 29, 2002 (Special Called Meeting)

MOTION by Councilwoman DiSciullo to APPROVE THE MINUTES FOR APRIL 15, 2002, SPECIAL CALLED MEETING. Second by Councilman Boyce. Motion carried 5-0.

(B) Council Minutes for April 29, 2002 (CIP Workshop Meeting)

MOTION by Vice-Chair Minozzi to APPROVE THE MINUTES FOR APRIL 29, 2002, CIP WORKSHOP MEETING. Second by Councilwoman DiSciullo. Motion carried 5-0.

City of Marco Island

City Council Minutes for June 3, 2002

(C) Council Minutes for May 6, 2002 (Workshop Meeting)

Councilwoman DiSciullo requested a correction to page 2 to read: “present at ~~meaning~~ meeting.”

MOTION by Councilwoman DiSciullo to APPROVE THE MINUTES FOR MAY 6, 2002, WORKSHOP MEETING, AS AMENDED. Second by Vice-Chair Minozzi. Motion carried 5-0.

(D) Council Minutes for May 6, 2002 (Regular Meeting)

MOTION by Vice-Chair Minozzi to APPROVE THE MINUTES FOR MAY 6, 2002, REGULAR MEETING Second by Councilwoman DiSciullo. Motion carried 5-0.

(A) Mr. Michael J. Mastej, Vice-President of Development for Health Management Associates.

Mr. Mastej reviewed for Council statistics indicating a need for an additional hospital to serve Collier County. Mr. Mastej reported that the application for the hospital, to be located in East Naples, was filed with the State of Florida on May 3, 2002, and that a decision from the State is expected on June 8, 2002.

(B) Waterways Advisory Committee Report on Collier Bay Dredging Project.

Mr. Jim Carroll and Mr. Gale Vinson, members of the Waterways Advisory Committee, presented an overview of the Committees recommendation to proceed with the dredging project in Collier Bay.

(A) ORDINANCE Second Reading and Public Hearing An Ordinance to Adopt an Investment Policy.

(Editorial History: The investment of local government funds is governed by Section 218.415, Florida Statutes. The primary purpose in investment of local funds shall always be the protection of the principal and the availability of funds to meet financial obligations. Yield on investments will only be considered after meeting those two primary purposes.)

Mr. Moss read, by title only, the Ordinance to Adopt an Investment Policy. There were no public speakers.

City of Marco Island

City Council Minutes for June 3, 2002

MOTION by Councilwoman DiSciullo to ADOPT ON SECOND READING THE ORDINANCE TO ADOPT AN INVESTMENT POLICY. Second by Councilman Boyce. Motion carried 5-0.

(B) ORDINANCE First Reading An Ordinance to Approve Amendments to the Marco Island City Charter.

(Editorial History: On March 18, 2002 City Council agreed to discuss proposed amendments to the City Charter. On May 6, 2002 City Council met in workshop session and agreed to consider eight amendments to the City Charter which will appear as eight separate and distinct questions on the ballot.)

Following discussion, Council agreed to support the following amendments to the City Charter:

· Amend Section 1.04 to change the method of electing candidates to City

Council, as proposed.

· Remove unnecessary and redundant language, and make technical and

stylistic non-substantive amendments to the Charter, as proposed.

· Amend Section 3.07 regarding vacancies on Council, forfeiture of office, and filling of vacancies, further amended to state “majority vote of the council members seated.”

· Amend Section 3.04 regarding changing the title of the presiding officers to mayor and vice-mayor, as proposed.

· Amend Section 3.08 to grant the City Manager authority to appoint a City Clerk, as proposed.

· Amend Section 3.03 to require that decisions be rendered by a majority of the council members “present and voting” at a Council meeting, as proposed.

· Amend Section 3.03 to provide that an ordinance may be adopted which establishes increases or decreases in compensation of council members (however, no establishment of compensation or increase in compensation may become effective in regard to any member of Council throughout the remainder of that council member(s) term of office, as proposed.

Mr. Sal Sciarrino, 911 Montego Court, spoke in favor of letting voters decide the issues, and in favor of allowing Council to set future council member salaries.

City of Marco Island

City Council Minutes for June 3, 2002

Recess: 8:00 p.m. to 8:12 p.m. It is noted for the record that the same Council members were present when the meeting reconvened.

Following a lengthy discussion on amending Section 1.01 (6) to provide clarification as to the meaning of the spending cap and provisions for specific exceptions, Council was undecided on whether to include capital outlay and related debt service in the amendment. Attorney Randy Hanna of the firm Bryant, Miller and Olive, reviewed for Council how the spending cap affects the Citys ability to issue bonds. City Council directed the City Manager to prepare alternatives for this amendment for Councils consideration on second reading.

Mr. Bob Dyer, 1841 Honduras Drive, spoke in favor of accepting the advice of the City Manager, City Attorney and Bond Council, and place the spending cap amendment on the ballot as written.

Mr. Russ Colombo, 755 Plantation Court, voiced his support of a modified cap referendum with some restrictions.

Dr. Fay Biles, President of MITA, expressed her concern regarding the potential increase in the rate of capital expenditures. She suggested that the use of the term “emergency” be specifically defined as it relates to capital expenditures.

Mr. Van Van Hoesen, 1100 South Collier Boulevard, suggested that Council adopt this motion on first reading and use the time prior to the second reading to gather information and receive public input on the matter.

MOTION by Vice-Chair Minozzi to ADOPT ON FIRST READING THE ORDIANCE TO APPROVE AMENDMENTS TO THE MARCO ISLAND CITY CHARTER. Second by Councilwoman DiSciullo. Motion carried 5-0.

(C) RESOLUTION A Resolution to Approve an Interlocal Agreement with Collier County for Fire-Rescue Services.

(Editorial History: When the City of Marco Island incorporated, an Interlocal Agreement was entered into between the City and Collier County for the Marco Island Fire Department to provide fire-rescue service to the unincorporated areas of Key Marco and Goodland. The resolution presented provides for a continuation of services as historically provided.)

City of Marco Island

City Council Minutes for June 3, 2002

MOTION by Councilman Boyce to APPROVE THE RESOLUTION TO AUTHORIZE AN INTERLOCAL AGREEMENT WITH COLLIER COUNTY FOR FIRE-RESCUE SERVICES. Second by Councilwoman DiSciullo. Motion carried 5-0.

(D) RESOLUTION Petition BD-02-13, Requesting a 133-Foot Boat Dock Extension from the Maximum Permitted 20 Foot Protrusion into the Waterway.

(Editorial History: Jerry Neal, as agent for Anglers Cove Condominium Association, property owner, is requesting a 133-foot boat dock extension from the maximum permitted 20-foot protrusion into the waterway to allow for a 31 slip boat docking facility on property located at 999 Anglers Cove, further described as Anglers Cove Condominium.)

Mr. Moss read, by title only, the Resolution relating to Petition BD-02-13. Each council member made their ex-parte disclosure. All witnesses were sworn in by the Deputy City Clerk.

Mr. Jerry Neal, representing the petitioner, was available to respond to Councils questions.

MOTION by Councilman Boyce to APPROVE PETITION NUMBER BD-02-13. Second by Councilwoman DiSciullo. Motion carried 5-0.

(E) DISCUSSION Contract for Bond Counsel Services

(Editorial History: A bond counsel is an essential part of the process of gaining the Citys access to the tax-exempt municipal bond market to finance capital projects The proposed agreement is a contract for five years which may be cancelled by either party with sixty days written notice.)

Mr. Moss read by title only a Resolution authorizing a contract for bond counsel services.

Dr. Fay Biles, 1588 Heights Court, requested clarification regarding the role of bond counsel and whether they provide legal opinion and guidance, or are directly involved in underwriting bonds.

MOTION by Chairman Tucker to AUTHORIZE THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR BOND COUNSEL SERVICES WITH BRYANT, MILLER AND OLIVE, P.A. Second by Councilman Boyce. Motion carried 5-0.

City of Marco Island

City Council Minutes for June 3, 2002

(F) DISCUSSION Request by Marco Island Civic Association to Partially Fund 4^th

of July Fireworks.

(Editorial History: City Council previously funded an off-shore barge used as a staging area for July 4^th fireworks, as requested by the Kiwanis Club of Marco Island. The Marco Island Civic Association is requesting similar funding toward a fireworks display at Residents Beach on July 4, 2002.)

Mr. Moss advised Council that MICA withdrew their request for partial funding of the fireworks display, however, he suggests that Council still consider the request.

Mr. Bill Patterson informed Council that the cost of MICAs 2002 fireworks display is approximately $15,000.

MOTION by Vice-Chair Minozzi to APPROVE THE REQUEST FOR $6,500 FOR MICAS JULY 4, 2002 FIREWORKS DISPLAY. Motion failed for lack of a second.

COUNCIL COMMUNICATIONS AND DISCUSSION

Councilwoman DiSciullo commented that Collier Countys letter regarding future operations of Caxambas Park and the boat fueling facility was vague.

Councilwoman DiSciullo inquired as to the status of the memorandum of understanding with the Collier County School Board. Mr. Moss advised that there would be two agreements, one with the Collier County School District and one with the Marco Island Charter Middle School. Both should be finalized sometime this summer.

Councilwoman DiSciullo reminded Council members that the Parks and Recreation topic is an agenda item for the June 17, 2002 meeting and encouraged Council to give considerable thought to the Committees request for guidance and direction regarding priorities for the Citys parks and recreation needs.

Councilwoman DiSciullo inquired whether any action is needed regarding American Funding Properties.

Councilwoman DiSciullo requested discussion regarding PUDs on 2 acres of property.

Chairman Tucker requested discussion regarding allowing a brief period for Public

Comment at the beginning of Council meetings.

City of Marco Island

City Council Minutes for June 3, 2002

PUBLIC COMMENT (ITEMS NOT ON THE AGENDA)

Mr. Frank Aloia, 420 N. Collier Boulevard, made Council aware of the hardship that locating a right hand turn lane in front of his property will cause him.

There being no further business to come before City Council, the meeting adjourned at 9:50 p.m.

E. Glenn Tucker, Council Chairman

A. William Moss, City Manager/City Clerk

Susan Patton, Council Secretary