City of Marco Island - Regular Meeting

THE CITY OF MARCO ISLAND

City Council Meeting September 3, 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 19, 2002 Regular Meeting.

MOTION by Vice-Chair Minozzi to APPROVE THE MINUTES FOR AUGUST 19, 2002 REGULAR MEETING. Second by Councilman Boyce. Motion carried 7-0.

City of Marco Island

City Council Minutes for September 3, 2002

(A) RESOLUTION - Adopting a Tentative Millage Rate for the City of Marco Island for the Fiscal Year Commencing October 1, 2002 and Ending September 30, 2003.

(B) RESOLUTION Adopting a Tentative Budget for the City of Marco Island for the Fiscal Year Commencing October 1, 2002 and Ending September 30, 2003.

(C) ORDINANCE First Reading and Public Hearing An Ordinance Determining and Fixing the 2002 Tax Levy and Millage Rate for the City of Marco Island.

(D) ORDINANCE First Reading and Public Hearing An Ordinance Adopting the Final Budget for the City of Marco Island for the Fiscal Year Commencing October 1, 2002 and Ending September 30, 2003.

(Editorial History: The Truth in Millage (“TRIM”) statute establishes a detailed time line and approval process which includes the requirement for two public hearings held in the month of September and separate resolutions and ordinances for determining the mill levy and approval of the annual budget. The mill levy and budget resolutions and ordinances are required to be the first item of business on the City Council agenda.)

Finance Director Bill Harrison read, by title only, the Resolution Adopting a Tentative Millage Rate for the City of Marco Island, for the Fiscal Year Commencing October 1, 2002 and Ending September 30, 2003. He announced that the total assessed valuation of real and personal property is $5,609,400,078; that the tentative millage rate for the Fiscal Year 2002-03 is determined to be 1.7437 mills; and that the percentage increase in property taxes adopted by the City Council of the City of Marco Island is 15.54% more than the rolled-back rate of 1.5092 mills computed pursuant to Florida Statutes, Chapter 200.065 (1).

Finance Director Bill Harrison read, by title only, the Resolution Adopting a Tentative Budget for the City of Marco Island, for the Fiscal Year Commencing October 1, 2002 and Ending September 30, 2003. He announced that revenue from ad valorem property taxes was $9,292,100 and total revenues are as follows: General Fund, $10,531,459; Capital Projects Fund, $7,959,841; Building Services Fund, $941,931; Utility Fund, $906,539 and Total Budget, $20,339,770.

Finance Director Bill Harrison read, by title only, the Ordinance Adopting the 2002 Tax Levy and Millage Rate for the City of Marco Island, for the Fiscal Year Commencing October 1, 2002 and Ending September 30, 2003. He announced that the total assessed valuation of real and personal property is $5,609,400,078; that the total General Fund operations is 1.7437 mills and that the current years roll-back rate is 1.5092. The increase in the millage rate over the roll-back rate is 15.54%.

City of Marco Island

City Council Minutes for September 3, 2002

Finance Director Bill Harrison read, by title only, the Ordinance Adopting the Final Budget for the City of Marco Island, for the Fiscal Year Commencing October 1, 2002 and Ending September 30, 2003. He announced that the total assessed valuation of real and personal property is $5, 609,400,078; that the revenue from ad valorem property taxes is $9,292,100, and that the total revenues are as follows: General Fund, $10,531,459; Capital Projects Fund, $7,959,841; Building Services Fund, $941,931; Utility Fund, $906,539 and Total Budget, $20,339,770.

Dr. Fay Biles, 1588 Heights Court and president of MITA, suggested that, following a review of the budget, the millage rate be reduced to 1.70 as a gesture.

Mr. Jim Lane, 836 Saturn Court, also requested that the millage rate be reduced.

Mr. George Willis, 1281 Mimosa Court, suggested that the millage rate be reduced to return a surplus of $2.5 million to the taxpayers.

Mr. Bill Merrick, 1049 Bonita Court, on behalf of the Marco Island Civic Association, spoke in favor of reducing the millage rate.

MOTION by Councilman Arceri to ADOPT THE RESOLUTION ADOPTING A TENTATIVE MILLAGE RATE OF 1.6900 FOR THE CITY OF MARCO ISLAND, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2002 AND ENDING SEPTEMBER 30, 2003. Second by Councilman Boyce. Motion carried 7-0.

MOTION by Chairman Tucker to ADOPT THE RESOLUTION ADOPTING A TENTATIVE BUDGET FOR THE CITY OF MARCO ISLAND FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2002 AND ENDING SEPTEMBER 30, 2003, MODIFIED TO REFLECT THE CHANGE IN MILLAGE RAGE TO 1.6900. Second by Councilman Boyce. Motion carried 7-0.

MOTION by Chairman Tucker to ADOPT ON FIRST READING THE ORDINANCE DETERMINING AND FIXING THE 2002 TAX LEVY AND MILLAGE RATE AT 1.6900 FOR THE CITY OF MARCO ISLAND. Second by Councilwoman Kelber. Motion carried 7-0.

MOTION by Councilwoman Kelber to ADOPT ON FIRST READING THE ORDINANCE ADOPTING THE FINAL BUDGET FOR THE CITY OF MARCO ISLAND FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2002 AND ENDING SEPTEMBER 30, 2003, MODIFIED TO REFLECT THE REDUCTION IN THE MILLAGE RATE TO 1.6900. Second by Councilwoman DiSciullo. Motion carried 7-0.

City of Marco Island

City Council Minutes for September 3, 2002

(E) PRESENTATION Rookery Bay National Estuarine Research Reserve Mr. Gary Lytton.

Mr. Gary D. Lytton, Environmental Administrator for the Florida Department of Environmental Protection, presented a brief overview to Council regarding research, restoration, education and the construction of the Environmental Learning Center. Mr. Brian Badgly, Manager of the Coastal Training Institute, spoke about future training opportunities and workshops for elected officials.

(F) ORDINANCE Second Reading and Public Hearing An Ordinance to Establish New Environmental Impact (EIS) and Special Treatment (ST) Overlay Standards.

(Editorial History: At the meeting of August 19, 2002 City Council adopted on first reading an ordinance to establish new Environmental Impact Statement (EIS) and Special Treatment (ST) Overlay District standards to replace such standards and regulations currently found in the Collier County Land Development Code.)

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 Councilwoman Kelber to ADOPT ON SECOND READING THE ORDINANCE TO ESTABLISH NEW ENVIRONMENTAL IMPACT EIS) AND SPECIAL TREATMENT (ST) OVERLAY DISTRICT STANDARDS. Second by Councilman Arceri. Motion carried 7-0.

(G) ORDINANCE Second Reading and Public Hearing An Ordinance to Establish Vegetation Removal and Protection Regulations.

(Editorial History: At the meeting of August 19, 200, City Council adopted on first reading an ordinance to establish new Vegetation Removal and Protection regulations to replace such regulations currently found in the Collier County Land Development Code.)

Mr. Moss read, by title only, the Ordinance to Establish New Vegetation Removal and Protection Regulations. There was no public comment.

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

City of Marco Island

City Council Minutes for September 3, 2002

(H) ORDINANCE First Reading Budget Re-Appropriation Ordinance.

(Editorial History: The annual budget for Fiscal Year 2001-02 was approved by the City Council in public hearings in September 2001. The approved budget may only be amended by a re-appropriation ordinance. Any amendments to the budget must continue to maintain compliance with the Spending Cap. Budget control, per the policy of the City Council, is maintained at the department level in the General Fund at the fund level in other funds.)

Mr. Moss read, by title only, the Budget Re-Appropriation Ordinance Fiscal Year 2001-02. There was no public comment.

MOTION by Councilman Boyce to ADOPT ON FIRST READING, THE BUDGET RE-APPROPRIATION ORDINANCE. Second by Vice-Chair Minozzi. Motion carried 7-0.

(I) RESOLUTION A Resolution Supporting the Purchase of Florida Water Services.

(Editorial History: On April 29, 2002 the Marco Island City Council adopted a resolution to oppose the Utility System Asset Acquisition Agreement between the Florida Governmental Utility Authority and Florida Water Services Corporation. The revised purchase price is $70 million less than the proposed purchase price in May of this year. The purchase price allocation to Marco Island has been reduced by nearly $27 million.)

Mr. Moss read, by title only, the Resolution Supporting the Purchase of Florida Water Services. There was no public comment.

MOTION by Councilman Boyce to APPROVE THE RESOLUTION SUPPORTING THE PURCHASE OF FLORIDA WATER SERVICES BY THE FLORIDA GOVERNMENTAL UTILITY AUTHORITY. Second by Councilwoman Kelber. Motion carried 7-0.

Recess: 7:36 p.m. to 7:50 p.m. It is noted for the record that the same Council members were present when the meeting reconvened.

(J) DISCUSSION Ratification of Agreement with Police Benevolent Association.

(Editorial History: On Monday, August 12, 2002 the Florida Police Benevolent Association (PBA) officially notified City representatives that Marco Island Police Bargaining Unit members had accepted the three-year collective bargaining agreement that City negotiators had proposed.)

City of Marco Island

City Council Minutes for September 3, 2002

MOTION by Councilwoman DiSciullo to RATIFY THE AGREEMENT WITH THE POLICE BENEVOLENT ASSOCIATION. Second by Councilman Boyce. Motion carried 7-0.

(K) DISCUSSION Pending School District Interlocal Agreement.

(Editorial History: A change to the Laws of Florida has clarified the roles and responsibilities between School Boards and local jurisdictions for joint planning. The mechanism by which this joint planning is to be achieved is through an Interlocal Agreement. To facilitate development of the Interlocal Agreement, the State has developed a Model Agreement. The School District of Collier County has until March 1, 2003 to complete the Agreement process, and have the executed document(s) submitted to the Department of Community Affairs.)

Dr. Fay Biles, 1588 Heights Court, inquired about the cost of the improvements made to Tommie Barfield Elementary School.

Following discussion, Council concurred that this matter would be further reviewed when it comes before Council for consideration at a future date.

(L) DISCUSSION Animal Control.

(Editorial History: On August 19, 2002 City Council discussed the issue of animal control. Staff has prepared a resolution for Council approval empowering Marco Island police officers to enforce the Collier County Animal Control Ordinances within the confines of the City of Marco Island. This authority will allow our officers to cite violators and provide deterrent for persons who allow their dogs to run at large. The Police Department will continue to work with Collier County Domestic Animal Control to keep our community safe.)

Mr. Moss read, by title only, the Resolution to Empower Marco Island Police Officers to Enforce the Provisions of the Collier County Animal Control Ordinances. There were no public speakers.

MOTION by Chairman Tucker to APPROVE THE RESOLUTION TO EMPOWER MARCO ISLAND POLICE OFFICERS TO ENFORCE THE PROVISIONS OF THE COLLIER COUNTY ANIMAL CONTROL ORDINANCES. Second by Councilman Arceri. Motion carried 7-0.

(M) DISCUSSION Request by Christmas Island Style to support Community Events.

This item was deferred to the next agenda.

City of Marco Island

City Council Minutes for September 3, 2002

(N) Award of Contract for Construction of Bocce Ball Courts at Mackle Park.

(Editorial History: As part of the fiscal year 2002 CIP budget, City Council appropriated funds in the amount of $80,000 for design and construction of two Bocce Ball Courts at Mackle Park. Staff received only one bid for the project in the amount of $107,842.90. Direct cost negotiations followed, which resulted in a bid reduction of $14,100.00 or a revised bid for award consideration in the amount of $93,742.90. A contract award for this project would necessitate an additional funding allocation of $15,884.18 to implement the modified design through construction.)

Dr. Fay Biles, 1588 Heights Court, spoke in opposition to the escalating cost of constructing the Bocce Ball courts.

Mr. Sal Sciarrino, 911 Montego Court, expressed his support for constructing first rate Bocce Ball courts.

MOTION by Vice-Chair Minozzi to AUTHORIZE THE ADDITIONAL FUNDING ALLOCATION IN THE AMOUNT OF $15,884.18, AND AWARD THE CONTRACT TO QUALITY ENTERPRISES. Second by Councilman Arceri. Motion carried 5-2. (Councilman Boyce and Councilwoman Patterson opposed.)

COUNCIL COMMUNICATIONS AND DISCUSSION

Vice-Chair Minozzi inquired whether a special plaque commemorating September 11, 2001 will be affixed to the flag poles that will be dedicated by the citizens of Marco Island on September 11, 2002. Following discussion, Council agreed that an appropriate plaque commemorating the dedication of the flag poles would be commissioned.

Councilwoman DiSciullo expressed her concern regarding the Sheriff vacating the substation on Marco Island. In response, Collier County Sgt. Tony Lauer advised Council that the sub-station will not be abandoned and will continue to be utilized by Sheriffs personnel.

Councilwoman Kelber requested a review of the Sunshine Law at the next meeting.

City of Marco Island

City Council Minutes for September 3, 2002

PUBLIC COMMENT (ITEMS NOT ON THE AGENDA)

Gil Mueller expressed his concern regarding mentioning September 11, 2001 on the memorial plaque.

There being no further business to come before City Council, the meeting adjourned at 9:00 p.m.

_____________________________________

E. Glenn Tucker, Council Chairman

A. William Moss, City Manager/City Clerk

Susan Patton, Council Secretary