City of Marco Island - Regular Meeting

THE CITY OF MARCO ISLAND

City Council Meeting September 16, 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 Chairman Tucker to APPROVE THE AGENDA, AMENDED TO MOVE ITEM 5(J) TO FOLLOW 5(B) AND ITEM 5(C) TO FOLLOW 5(H). Second by Vice-Chair Minozzi. Motion carried 7-0.

MOTION by Chairman Tucker to CONTINUE ITEM 5(G) TO THE OCTOBER 7, 2002 MEETING. Second by Councilwoman Kelber. Motion carried 7-0.

APPROVAL OF MINUTES

(A) Council Minutes for September 3, 2002 Regular Meeting.

MOTION by Councilman Boyce to APPROVE THE MINUTES FOR SEPTEMBER 3, 2002 REGULAR MEETING. Second by Vice-Chair Minozzi. Motion carried 7-0.

City of Marco Island

City Council Minutes for September 16, 2002

(A) ORDINANCE Second Reading and Public Hearing Determining and Fixing the 2002 Tax Levy and Millage Rate for the City of Marco Island.

(B) ORDINANCE Second 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: At the first public hearing, City Council approved a reduction in the mill levy from the 1.7437 mill levy currently in use to a 2002 tax levy of 1.6900 mills which will be effective for Fiscal year 2002-03. All budget documents have been revised to the new tax levy and the required legal notice will be published using that rate.)

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 tax levy and millage rate for the City of Marco Island hereby is fixed and determined to be 1.6900 mils; that the total General Fund Operations is 1.6900 mils and that the current years roll-back rate is 1.5092. The increase in the millage rate over the roll-back rate is 11.98%.

MOTION by Councilwoman Kelber to ADOPT ON SECOND READING THE ORDINANCE DETERMINING AND FIXING 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. Second by Councilman Boyce. Motion carried 7-0.

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 $9,006,000 and that the cash balances carried forward are as follows: General Fund, $6,356,469; Capital Projects Fund, $2,236,306; Building Services Fund; $610,743; Utility Fund, $511,746 and the Total Budget $9,715,264. The appropriation totals are: General Fund, $10,531,459; Capital Projects Fund, $7,673,741; Building Services Fund, $941,931; Utility Fund, $906,539 and the Total Budget, $20,053,670.

Dr. Fay Biles, 1588 Heights Court, requested further explanation of the reserve balances shown.

City of Marco Island

City Council Minutes for September 16, 2002

MOTION by Councilman Boyce to ADOPT ON SECOND 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. Second by Councilman Arceri. Motion carried 7-0.

(J) DISCUSSION Agreement with the YMCA for Park and Recreation Services.

(Editorial History: City Council is asked to consider the renewal of the agreement with the YMCA for one year beginning October 1, 2002. The revised agreement clarifies the roles and responsibilities of the YMCA and the City. To a reasonable extent, it separates the activities and costs associated with the supervision and coordination of the facilities (Mackle Park Community Center and ball fields), and the provision by the YMCA of programs, activities, and events on behalf of the City.)

Representing the YMCA, Mr. Jim Curran, 590 Club Marco Circle, explained the mission of the YMCA and its dedication to the community; Ms. Cindy Love, YMCA Executive Director, responded to Councils questions.

Citizens expressing concern about limited program offerings at Mackle Park, and/or requesting that city staff operate Mackle Park:

Ms. Kim Land, 490 Bald Eagle Drive

Ms. Karen ODell, 12 Mariana Court

Ms. Michelle Robau, 940 Caxambas Drive (statement read by Ms. Karen ODell)

Ms. Michele Hurtley, 121 S. Bahama Avenue

Ms. Lisa Meurgue, 164 Balfour Drive

Mr. Robb Culhane, 577 Bald Eagle Drive

Mr. Anthony Feola, 138 Saxon Street

Mr. Sal Sciarino, 911 Montego Court

MOTION by Councilman Boyce to APPROVE THE CONTRACT AS PRESENTED AND ALLOW THE CITY MANAGER TO MODIFY THOSE PROGRAMS AS RECOMMENDED BY THE PARKS AND RECREATION ADVISORY COMMITTEE. Second by Chairman Tucker. Motion carried 6-1. (Councilwoman DiSciullo opposed.)

MOTION by Councilman Arceri to DIRECT THE CITY MANAGER REPORT TO COUNCIL BY FEBRUARY 1, 2003 WITH A RECOMMENDATION ON THE OPERATION OF MACKLE PARK. Second by Councilman Boyce. Motion carried 5-2. (Chairman Tucker and Vice-Chair Minozzi opposed.)

City of Marco Island

City Council Minutes for September 16, 2002

Recess: 7:55 p.m. to 8:05 p.m. It is noted for the record that the same Council members were present when the meeting reconvened.

(C) PRESENTATION Phase II National Pollutant Discharge Elimination System Permitting Mr. Ladd Ryziw, Public Works Director.

This Presentation was deferred to a later meeting.

(D) ORDINANCE Second Reading and Public Hearing Budget Re-Appropriation Ordinance Fiscal Year 2001-02.

(Editorial History: The re-appropriation ordinance for Fiscal Year 2001-02 was approved on first reading by City Council in public hearings in September 2002. Changes to the budget include increased funds for legal activity in the City Attorney budget, increased funds for the Building Department based on the high level of activity this year, combining the Fire/Life Safety budget into one consolidated Fire Services budget, and $110,000 in reductions in the CIP budget, based on two small grants budgeted for, but not received. The overall budget impact is a reduction of $65,000.)

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

MOTION by Vice-Chair Minozzi to ADOPT ON SECOND READING THE ORDINANCE AMENDING THE BUDGET FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2001 AND ENDING SEPTEMBER 30, 2002. Second by Councilman Arceri. Motion carried 7-0.

(E) ORDINANCE First Reading An Ordinance Amending Park Impact Fees.

(Editorial History: Collier County has recently updated their 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 update these impact fees and remain consistent with Collier County.)

Mr. Moss read, by title only, the Ordinance Amending Park Impact Fees. There was no public comment.

MOTION by Councilman Boyce to ADOPT ON FIRST READING THE ORDINANCE AMENDING PARK IMPACT FEES AT THE MULTIPLE RATE TABLE. Second by Councilman Arceri. Motion carried 7-0.

City of Marco Island

City Council Minutes for September 16, 2002

(F) ORDINANCE First Reading An Ordinance Amending Chapter 22, Fire Prevention and Protection, Recovery of Costs for Suppression of Suspicious or Incendiary Fires.

(Editorial History: The costs associated with specialized response to hazardous material incidents as well as incidents involving the violation of law should not be borne by the taxpayers of Marco Island. Cost recovery for incidents involving hazardous materials is a standard throughout the county. The Fire Rescue Department wishes to recover those hazardous material costs and costs associated with arson fires, stand-by terrorist, malicious or criminal acts, DUO DWI, and violations of code that go beyond the scope of the provision of service for accidental fires and medical response.)

Mr. Moss read, by title only, the Ordinance to Adopt a Fee Schedule for Cost Recovery in Hazardous Material and Other Specified Responses. There was no public comment.

MOTION by Councilwoman Kelber to APPROVE THE ORDINANCE AMENDING CHAPTER 22, FIRE PREVENTION AND PROTECTION, RECOVERY OF COSTS FOR SUPRESSION OF SUSPICIOUS OR INCENDIARY FIRES. Second by Councilwoman DiSciullo. Motion carried 7-0.

(G) RESOLUTION Petition V-02-04 Jamie Gruesel and Peter Hughes as Agents for Bougainvillea Gardens condominium, requesting a 13 foot variance from the side yard setback of 15 feet in order to construct a carport on property commonly known as The Bougainvillea Gardens Condominium, located at 1021 Swallow Avenue, Marco Island, Florida.

This item was deferred to the October 7, 2002 meeting.

(H) RESOLUTION Petition V-02-05 Richard A. Eichman, President of Shell Isle Condominium is requesting an 8-foot variance from the required front yard setback of 30 feet; a 2-foot variance from the required structure to structure setback of 10 feet at building number 902; a 1-foot variance from the required structure to structure setback of 10 feet at building number 900; a 4-foot variance from the required structure to structure setback of 10 feet at building number 898, in order to construct six new carports on the existing parking lots for property commonly known as Shell Island Condominium, located at 898, 900 & 902 Panama Curt, Marco Island, Florida.

(Editorial History: The Planning Board heard this request at their August 16, 2002 meeting and voted 5-0 to recommend approval with Herb Savage abstaining.)

City of Marco Island

City Council Minutes for September 16, 2002

Mr. Moss read, by title only, the Resolution relating to Petition V-02-04 There was no public comment.

MOTION by Chairman Tucker to APPROVE PETITION V-02-05. Second by Councilwoman Kelber. Motion carried 4-3. (Councilman Boyce, Councilwoman DiSciullo and Vice-Chair Minozzi opposed.)

(I) DISCUSSION Award of Contract for Property, Liability, and Workers Compensation Insurance.

(Editorial History: For several years, the City of Marco Island has purchased property, liability, and workers compensation insurance from the Florida League of Cities Insurance Pool. This is a full indemnity policy, with very low deductibles. We have received three proposals for insurance coverage for next year. Each of the three proposals has different premium levels and different levels of risk that the City would have to assume.)

MOTION by Councilman Arceri to AWARD THE CONTRACT FOR PROPERTY, LIABILITY AND WORKERS COMPENSATION INSURANCE TO FLORIDA LEAGUE OF CITIES. Second by Councilwoman Kelber. Motion carried 7-0.

(K) DISCUSSION Purchase of Tract “R-C”.

(Editorial History: The City has been advised of an opportunity to purchase a 1.78 acre parcel of land located along Leland Way known as Tract “R-C”. Acquisition of this property and the intended uses thereon are encouraged by several specific policies of the Comprehensive Plan, and would be an excellent candidate for grant funding. City staff has prepared and submitted a grant application in the amount of $53,000 as a match toward future acquisition of this tract.)

MOTION by Councilman Boyce to DIRECT THE CITY MANAGER TO OFFER $103,000 TO PURCHASE TRACT “R-C”. Second by Vice-Chair Minozzi. Motion carried 7-0.

(L) DISCUSSION Request by Christmas Island Style to Support Community Events.

(Editorial History: Mr. Dave Rice, Volunteer Chairman of Christmas Island Style, has requested that the City support the Christmas Island Style Street and Boat Parade by having the City of Marco Island insure these two community events.)

Mr. Dave Rice thanked Council for its support of Christmas Island Style by allowing the Citys insurance to cover the parades.

City of Marco Island

City Council Minutes for September 16, 2002

(M) DISCUSSION Ratification of Agreement with IAFF Local 2887.

(Editorial History: An agreement was reached and ratified by the IAFF on Thursday, September 12, 2002.)

IAFF Local 2887 President Dean Heasley thanked Council and staff for their efforts in reaching an agreement.

MOTION by Chairman Tucker to APPROVE THE AGREEMENT WITH IAFF LOCAL 2887. Second by Councilman Boyce. Motion carried 7-0.

(N) DISCUSSION Proposed October Workshop Meeting.

(Editorial History: On September 3, 2002 City Council agreed to discuss proposed dates for a workshop meeting in October. The subject matters included the Capital Improvement Program and fund balance policies. City Council also agreed to schedule a discussion of the Sunshine Law.)

Council agreed to schedule a 4:00 p.m. workshop on October 21, 2002, prior to the regular meeting, and November 4, 2002, if necessary. The Sunshine Law will be discussed at the October 7, 2002 regular meeting.

COUNCIL COMMUNICATIONS AND DISCUSSION

Vice-Chair Minozzi reported to Council on MPO activities, including the receipt of a $100,000 grant for landscaping the north side of the Jolley Bridge; the approval of another grant of $134,000 to upgrade traffic lights on the Island; and the extension of the “Cat” busing system over the next two years.

Councilman Arceri questioned whether the problems found in the due diligence report should be brought to the attention of the local regulatory board. Council agreed to add this item for discussion to the next agenda.

Councilwoman Kelber requested a discussion regarding the VFWs request to name the park on the corner of North Collier Boulevard and North Barfield Drive. (Ed. Note: This item will appear on the October 7, 2002 agenda.)

City of Marco Island

City Council Minutes for September 16, 2002

PUBLIC COMMENT (ITEMS NOT ON THE AGENDA)

Dr. Fay Biles, 1588 Heights Court, inquired about when the vote totals from the September 10, 2002 election would be available.

There being no further business to come before City Council, the meeting adjourned at 9:10 p.m.

_____________________________________

E. Glenn Tucker, Council Chairman

A. William Moss, City Manager/City Clerk

Susan Patton, Council Secretary