City of Marco Island - Regular Meeting

THE CITY OF MARCO ISLAND

City Council Meeting August 19, 2002 6:10 p.m.

Chairman Tucker called the meeting to order and presided.

Also Present: A. William Moss, City Manager

Ken Cuyler, City Attorney

Bill Harrison, Finance Director

Mike Murphy, Fire Chief

Greg Niles, Community Development Director

Ladd Ryziw, Public Works Director

Roger Reinke, Police Chief

Laura Litzan, Deputy City Clerk

Other staff members and interested citizens and visitors

INVOCATION AND PLEDGE OF ALLEGIANCE

By: Greg Niles, Community Development Director

APPROVAL OF AGENDA

MOTION by Councilwoman Kelber to APPROVE THE AGENDA. Second by Councilman Boyce. Motion carried 7-0.

APPROVAL OF MINUTES

(A) Council Minutes for August 12, 2002 Regular Meeting.

MOTION by Vice-Chair Minozzi to APPROVE THE MINUTES FOR AUGUST 12, 2002 REGULAR MEETING. Second by Councilman Arceri. Motion carried 7-0.

(B) Council Minutes for August 12, 2002 Workshop.

MOTION by Vice-Chair Minozzi to APPROVE THE MINUTES FOR AUGUST 12, 2002 REGULAR MEETING. Second by Councilwoman DiSciullo. Motion carried 7-0.

City of Marco Island

City Council Minutes for August 19, 2002

(A) Certificate of Completion of Advanced Institute for Elected Municipal Officials Councilwoman Terri DiSciullo and Councilwoman Jeanette K. Patterson.

Chairman Tucker presented “Certificates of Completion” to Councilwoman Terri DiSciullo and Councilwoman Jeannette Patterson for completing 18 hours of instruction at the Institute for Elected Municipal Officials sponsored by the Florida League of Cities, Inc. and the Florida Institute of Government.

(B) Engineering Due Diligence Report FGUA/Florida Water Services.

(Editorial History: The Florida Governmental Utility Authority has offered to purchase the statewide assets of Florida Water Services, Inc. for $520 million. City Council and staff have actively supported the acquisition provided that the terms and conditions of the sale are advantageous. In order to remain with the FGUA process while acquiring better knowledge of the condition of the Marco Island/Marco Shores System, City Council authorized the retention of Montgomery Watson Harza, Consulting Engineers, to conduct the engineering due diligence.)

Mr. John Darmody, of the firm Montgomery Watson Harza, reported to Council on the condition of the visible exterior portion of the above-ground water and wastewater facilities. Mr. Darmody concluded that approximately $37.5 million will need to be spent in order to bring the Marco Island and Marco Shores systems up to good/excellent conditions.

(C) Hurricane Preparedness Plan Fire Chief Michael Murphy, Marco Island Fire/Rescue Department.

Fire Chief Mike Murphy presented an overview of the City of Marco Islands Hurricane Action Plan and responded to Councils questions.

(A) ORDINANCE First Reading An Ordinance to Establish New Environmental Impact (EIS) and Special Treatment (ST) Overlay District Standards.

(Editorial History: For Councils review and consideration is a proposed ordinance to establish new Environmental Impact Statement (EIS) and special Treatment (ST) Overlay District standards to replace the current regulations found in the Collier County Land Development Code.)

City of Marco Island

City Council Minutes for August 19, 2002

Mr. Moss read, by title only, the Ordinance to Establish New Environmental Impact Statement (EIS) and Special Treatment (ST) Overlay District Standards. There was no public comment.

MOTION by Vice-Chair Minozzi to ADOPT ON FIRST READING THE ORDINANCE TO ESTABLISH NEW ENVIRONMENTAL IMPACT (EIS) AND SPECIAL TRETMENT (ST) OVERLAY DISTRICT STANDARDS. Second by Councilman Boyce. Motion carried 7-0.

(B) ORDINANCE First Reading An Ordinance to Establish Vegetation Removal and Protection Regulations.

(Editorial History: For Councils review and consideration is a proposed ordinance to establish new Vegetation Removal and Protection regulations to replace the current provisions contained in the Collier County Land Development Code. This ordinance primarily addresses existing vegetation/exotics on undeveloped lots and tracts.)

Mr. Moss read, by title only, the Ordinance to Establish Vegetation Removal and Protection Regulations.

Mr. Maury Dailey, 1307 Riverhead Avenue, expressed his concern regarding the implication of the Deltona Settlement on property owners rights.

MOTION by Councilman Boyce to ADOPT ON FIRST READING THE ORDINANCE TO ESTABLISH VEGETATION REMOVAL AND PROTECTION REGULATIONS. Second by Vice-Chair Minozzi. Motion carried 7-0.

(C) RESOLUTION A Resolution to Revise Building Permit Fees.

(Editorial History: As previously raised during the budget workshop, the schedule of building permit fees contained in the Administrative Construction Code (ACC) has remained virtually unchanged since the initial ACC was adopted in September 1998. In the interim, the new Florida Building Code has been adopted and implemented. The new code has placed additional burdens and responsibilities on the Building Division in regard to more extensive plan review and an increase in required inspections.)

Mr. Moss read, by title only, the Resolution to Revise Building Permit Fees.

City of Marco Island

City Council Minutes for August 19, 2002

Mr. Herb Savage, 651 South Collier Boulevard, spoke in opposition to the new Florida State Building Code.

MOTION by Chairman Tucker to APPROVE THE RESOLUTION TO REVISE BUILDING PERMIT FEES WITH A NOVEMBER 1, 2002 IMPLEMENTATION DATE. Second by Vice-Chair Minozzi. Motion carried 7-0.

Recess: 7:30 p.m. to 7:40 p.m. It is noted for the record that the same Council members were present when the meeting reconvened.

(D) DISCUSSION Minimum Acreage Planned Unit Development (PUD.)

(Editorial History: In February 2002 City Council adopted on second reading, Ordinance 02-07, which established new Planned Unit Development (PUD) standards and regulations. In that ordinance a flat minimum acreage of two (2) acres was established as the minimum necessary to qualify for a PUD rezoning, regardless of the location of the subject property.)

Mr. Herb Savage. 651 South Collier Boulevard, expressed his opinion that “good concepts” should not be restricted to “activity centers”.

Bill Merrick, 1049 Bonita Court, reminded Council that a MICA survey indicated that the majority of members wanted the 10 acre requirement returned to the ordinance.

Connie Stragolf Fulmer, resident of Goodland, stated that she supports the 10 acre minimum.

MOTION by Councilwoman DiSciullo to DIRECT THE CITY MANAGER AND STAFF TO RETURN ORDINANCE 02-07 TO THE PLANNING BOARD AND REQUEST THAT THE PLANNING BOARD MODIFY THE ORDINANCE TO THE FOLLOWING STANDARD: 10 ACRES OUTSIDE THE TOWN CENTER OVERLAY, 5 ACRES WITHIN THE TOWN CENTER OVERLAY AND 2.5 ACRES FOR REDEVELOPMENT PROJECTS IN THE TOWN CENTER OVERLAY. Second by Councilman Arceri. Motion carried 7-0.

City of Marco Island

City Council Minutes for August 19, 2002

(E) DISCUSSION Adding “Public Comment” to the Beginning of City Council Meetings.

(Editorial History: On June 3, 2002 Chairman Tucker requested, and Council agreed, to place on the agenda a discussion item regarding the addition of “Public Comment” to the beginning of each meeting.)

MOTION by Chairman Tucker to MODIFY CITY COUNCILS “RULES OF PROCEDURE” TO ALLOW PUBLIC COMMENT AT THE BEGINNING OF A MEETING WHEN SPECIAL CIRCUMSTANCES WARRANT SUCH AN ACCOMMODATION, AND AT THE DISCRETION OF COUNCIL. Second by Vice-Chair Minozzi. Motion carried 7-0.

(F) DISCUSSION An Ordinance Amending Park Impact Fees.

(Editorial History: Collier County has recently updated its Community Park Impact Fees based on a consultant study which recommended a tiered set of impact fees, with different fees for types and sizes of units. This issue is brought before City Council to determine if Council wishes to update these impact fees and remain consistent with Collier County.)

MOTION by Councilman Boyce to DIRECT STAFF TO PREPARE A REVISION OF THE COMMUNITY PARK IMPACT FEE ORDINANCE FOR CONSIDERATION ON FIRST READING, WITH ACCOMPANYING JUSTIFICATION FOR THE INCREASE. Second by Chairman Tucker. Motion carried 7-0.

(G) DISCUSSION Interlocal Memorandum of Understanding with Collier County Regarding Off-Island Development.

(Editorial History: Policy 1.11.4 of the Citys Future Land Use Element of the Comprehensive Plan states that, “Within two years of Plan adoption the City shall propose an Agreement with Collier County to involve on a courtesy basis, City review of proposed land development projects along the SR 951 and CR 92 corridors within five miles of the City limits.”)

Edward Fullmer, 584 Coconut Avenue, Goodland, articulated his understanding that no development is to be built past Stevens Landing.

MOTION by Councilwoman Kelber to APPROVE EXECUTION OF THE INTERLOCAL MEMORANDUM OF UNDERSTANDING. Second by Chairman Tucker. Motion carried 7-0.

City of Marco Island

City Council Minutes for August 19, 2002

(H) DISCUSSION Interlocal Agreement for Collection of Sidewalk Assessments.

(Editorial History: The City of Marco Island uses assessment districts to pay for the construction of sidewalks throughout the island, with property owners paying for the installation. The proposed Interlocal Agreement has been prepared to include the currently active Sidewalk Assessment Districts I and II, Sidewalk Assessment District III, currently under construction, and future assessment districts if created by the City.)

MOTION by Chairman Tucker to APPROVE THE INTERLOCAL AGREEMENT FOR COLLECTION OF SIDEWALK ASSESSMENTS. Second by Councilman Boyce. Motion carried 7-0.

(I) DISCUSSION Award of Contract for Tallwood Street Storm Sewer Improvements.

(Editorial History: Staff has completed the design and permitting activities pertaining to the Tallwood Street Storm Sewer Improvements. The low bid proposal submitted by Quality Enterprises USA, Inc. (Quality Enterprises.) is the most competitive and has been determined to be in the best interest of the City.)

MOTION by Vice-Chair Minozzi to AWARD THE CONTRACT FOR THE TALLWOOD STREET STORM SEWER IMPROVEMENTS TO QUALITY ENTERPRISES USA, INC. AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT. Second by Councilwoman DiSciullo. Motion carried 7-0.

(J) DISCUSSION Request to Serve as Partner for a Marco Island Film Festival Event.

(Editorial History: Patricia L. Berry, Executive Director of the Marco Island Film Festival, has requested City support of a specific event planned for middle and high school students. City Council is asked to allow the City to become a “partner” for this specific program while providing $8,950 for the cost of the event.)

Nick Campo, 939 Joy Circle, representing the Marco Island Film Festival, reviewed for Council the Film Festivals request and responded to Councils questions.

Sal Sciarrino, 911 Montego Court, expressed his objection to using tax dollars to support the Film Festival.

City of Marco Island

City Council Minutes for August 19, 2002

Pat Reese, 283 Edgewater Court, spoke in favor of funding the Festivals request.

Herb Savage 651 South Collier Boulevard, commented that the business community should support tourist development on the Island and that he supports the Film Festivals request.

MOTION by Councilman Boyce to APPROVE THE REQUEST OF THE MARCO ISLAND FILM FESTIVAL TO FUND THE STUDENT NIGHT, “OUTDOOR BEACH BASH”. Second by Chairman Tucker. Motion carried 7-0.

(K) DISCUSSION Memorial Service.

(Editorial History: During the regular meeting of July 15, 2002 Citizens for a Better Marco recommended that City Council consider the installation of a flagpole at the Citys park at the North Collier Boulevard/North Barfield Drive intersection with three memorial flags. The purpose of this agenda item is to determine whether City Council seeks to sponsor a memorial service in observance of the tragic events of September 11, 2001.)

MOTION by Vice-Chair Minozzi to DEDICATE THE FLAG POLES TO THE HEROS AND VICTIMS OF SEPTEMBER 11, 2001. Second by Councilman Boyce. Motion carried 7-0.

MOTION by Vice-Chair Minozzi to SUSPEND THE 9:00 P.M. RULE AND CONTINUE THE MEETING. Second by Councilwoman DiSciullo. Motion carried 7-0.

(L) DISCUSSION Animal Control.

(Editorial History: On August 12, 2002 City Council directed information be obtained to facilitate a discussion of animal control, specifically responses to dog bite incidents.)

Following discussion, Chairman Tucker agreed to work with staff to develop an ordinance to address animal control violations.

COUNCIL COMMUNICATIONS AND DISCUSSION

Councilwoman DiSciullo requested a cost comparison regarding the expense of staffing Mackle Park with City staff, along with additional financial data.

City of Marco Island

City Council Minutes for August 19, 2002

Councilwoman DiSciullo inquired whether Council wants to get involved with the matter regarding Estuary Bay.

Councilwoman DiSciullo questioned how members of the Advisory Committees are selected.

Councilwoman DiSciullo requested a discussion item on an interlocal agreement for public school facility planning be placed on the next agenda. (Ed. Note: This item will appear on the September 3, 2002 agenda.)

Chairman Tucker advised Council that he may request a discussion item regarding median widths be placed on the next agenda.

PUBLIC COMMENT (ITEMS NOT ON THE AGENDA)

Cheryl Ferrara, 880 Huron Court, invited Council to attend the Town Hall Meeting being held on August 21, 2002. Ms. Ferrara also encouraged citizens to fly the flag on September 11, 2002.

There being no further business to come before City Council, the meeting adjourned at 9:40 p.m.

(signature page to follow)

City of Marco Island

City Council Minutes for August 19, 2002

E. Glenn Tucker, Council Chairman

A. William Moss, City Manager/City Clerk

Susan Patton, Council Secretary