City of Marco Island - Regular Meeting

THE CITY OF MARCO ISLAND

City Council Meeting December 2, 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

Richard Yovanovich, 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, City Clerk

Dana Souza, Recreation Coordinator

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 ITEMS 2B (CONCLUSION), 2C, 2D AND 2E FROM THE PREVIOUS SPECIAL-CALLED MEETING, AND ITEM 6L FROM THE CURRENT AGENDA, AHEAD OF 6A. Second by Councilman Arceri. Motion carried 7-0.

APPROVAL OF MINUTES

(A) Council Minutes for November 4, 2002.

MOTION by Councilwoman Kelber to APPROVE THE MINUTES FOR NOVEMBER 4, 2002. Second by Councilman Boyce. Motion carried 7-0.

City of Marco Island

City Council Minutes for December 2, 2002

(A) Florida State Senator Burt L. Saunders.

Senator Burt L. Saunders addressed City Council on issues facing the Island, including health insurance and workers compensation insurance. Senator Saunders commented that Floridas budget problems can be addressed by focusing on economic development in the state instead of raising taxes.

Council members requested input from Senator Saunders on the following areas: classroom size, Jolley Bridge funding, Florida Water Services, a City versus County school district, overpayment for Sheriffs road patrols, and intangible taxes.

(B) Teen Citizen, Teen Volunteer and Teen Employee of the Year Awards.

(Editorial History: Last year as a result of a recommendation from the Teen Task Force, three awards were created to be given on an annual basis to the Teen Citizen of the Year, Teen Volunteer of the Year, and Teen Employee of the Year. The Marco Island Eagle, the Naples Daily News and the Marco Island Chamber of Commerce agreed to sponsor these awards this year.)

Ms. Cheryl Ferrara, representing the Marco Island Eagle, presented the Teen Citizen Award to Carrie Braun.

Mr. Dan Jacobi, representing the Naples Daily News, presented the Teen Volunteer of the Year Award to Tim Tudor.

Mr. Pat. Neale, representing the Marco Island Chamber of Commerce, presented the Teen Employee of the Year Award to Eddie Walsh.

(C) Year End Financial Report Finance Director Bill Harrison.

Finance Director Bill Harrison reviewed the Citys finances for Fiscal Year 2002, including: General Fund revenues, General Fund expenditures, Capital Improvement Fund revenues, year-end reserve balances, cash and investment balances, and compliance with the spending cap.

(2B) DISCUSION Review of Capital Improvement Program.

(Editors Note: Conclusion - refer to City Council Minutes for December 2, 2002 Special-Called Meeting for this item in its entirety.)

City of Marco Island

City Council Minutes for December 2, 2002

(2C) DISCUSSION Community Communication

(Editorial History: On October 21, 2002 Councilwoman Kelber requested, and Council agreed, to place on the agenda a discussion item regarding increasing community communications.)

Council agreed that a comprehensive “citizen handbook” would be useful. Staff will pursue the development of a handbook during this budget year.

Mr. Pat Neale, Marco Island Chamber of Commerce President, suggested that the Citys web site and the Chambers annual publication would be appropriate venues for this information.

Ms. Lee Zwerin, 468 Capri Court, suggested that realtors and e-mail would also be additional means for distributing this information.

Ms. Lee Brasler, reporter for the Marco Island Sun Times, stated that the Editor of the Sun Times has volunteered to assist the City in this area.

(2D) DISCUSSION Cash Flow Analysis.

(Editorial History: Per request, an analysis has been prepared of cash flow in the General Fund. Property taxes, the primary revenue source in the General Fund, are not received on a consistent monthly basis. The analysis indicates that, during the months of October and November of each fiscal year, revenues will not meet expenditures and unrestricted reserves will be needed to supplement revenues. In December, the majority of property taxes are received. Those funds are then used to supplement other revenue sources for the balance of each fiscal year. )

Council members discussed the pros and cons of unrestricted reserves. There was no public comment.

(2E) DISCUSSION Land Acquisition Update.

(Editorial History: With City Councils endorsement, staff has been pursuing various land acquisition activities over the past several months. An RFP has been released for design and engineering services for the Tract C&D Pathway system and a work order for design services for the Leland Way/YMCA extension is under staff review. A grant application for the pathway project is currently under state review and consideration.)

City of Marco Island

City Council Minutes for December 2, 2002

MOTION by Chairman Tucker to DIRECT STAFF TO OFFER $225,000 FOR THE NORTH BARFIELD LOT APPRAISED AT $205,000. Second by Councilman Arceri. Motion carried 7-0.

(L) DISCUSSION Condemnation of Florida Water Services.

(Editorial History: On February 19, 2002 City Council adopted a resolution to authorize the acquisition of Florida Water Services utility system through the power of eminent domain. In order to proceed with the acquisition of the assets of Florida Water Services Corporation through the eminent domain process, Chapter 73, Florida Statutes requires that before an eminent domain proceeding is initiated in court, the City must attempt to negotiate in good faith with the owner and provide a copy of the appraisal upon which the offer is based. The City Manager seeks authorization from City Council to offer the sum of $90 million to Florida Water Services Corporation.)

Attorney Wiley Hicks and Attorney John Jenkins responded to Councils questions. Further, Mr. Jenkins updated Council on the feasibility of constructing a competing system.

Dr. Fay Biles, 1588 Heights Court, questioned whether a referendum would be required.

MOTION by Chairman Tucker to OFFER $90 MILLION TO FLORIDA WATER SERVICES TO ACQUIRE THE WATER AND WASTE WATER UTILITY SYSTEMS. Second by Councilman Boyce. Motion carried 7-0.

(C) RESOLUTION A Resolution Commending Kenneth B. Cuyler for His Service.

(Editorial History: City Attorney Kenneth B. Cuyler has notified City Council of his resignation. Mr. Cuyler has faithfully served as City Attorney for five years.)

Chairman Tucker, on behalf of City Council, presented the Resolution to Mr. Ken Cuyler.

MOTION by Councilwoman Kelber to APPROVE THE RESOLUTION COMMENDING KENNETH B. CUYLER FOR HIS SERVICE AS CITY ATTORNEY. Second by Vice-Chair Minozzi. Motion carried 7-0.

Recess: 8:00 p.m. to 8:15 p.m. It is noted for the record that the same Council members were present when the meeting reconvened.

City of Marco Island

City Council Minutes for December 2, 2002

(A) ORDINANCE Second Reading and Public Hearing An Ordinance to Establish New Land Development Code Definitions.

(Editorial History: At the meeting of November 4, 2002, City Council unanimously adopted on first reading an ordinance to establish a definition section for the Land Development Code. Council had no revisions or corrections to be addressed prior to consideration on second reading.)

Mr. Moss read, by title only, the Ordinance to Establish New Land Development Code Definitions. There was no public comment.

MOTION by Councilwoman Kelber to ADOPT ON SECOND READING THE ORDINANCE TO ESTABLISH NEW LAND DEVELOPMENT CODE DEFINITIONS. Second by Councilman Boyce. Motion carried 7-0.

(B) ORDINANCE First Reading An Ordinance to Establish an Official Zoning Atlas.

(Editorial History: For Councils consideration on first reading is an ordinance to establish an official zoning atlas, providing for the continuation of existing zoning districts, and outlining procedures for amendments to the official atlas and districts. The ordinance will replace the current provisions contained in the Collier County Land Development Code.)

Mr. Moss read, by title only, the Ordinance to Establish an Official Zoning Atlas. There was no public comment.

MOTION by Vice-Chair Minozzi to ADOPT ON FIRST READING THE ORDINANCE TO ESTABLISH AN OFFICIAL ZONING ATLAS. Second by Councilwoman DiSciullo. Motion carried 7-0.

MOTION by Councilwoman Kelber to SUSPEND THE 9:00 P.M. RULE. Second by Councilman Arceri. Motion carried 7-0.

(D) RESOLUTION A Resolution to Affirm Spending Cap Policies.

(Editorial History: Because of the numerous policy decisions made since implementation of the initial spending cap calculations, it is recommended that Council adopt a resolution to consolidate all policy decisions into one document. This will allow the public, staff, and councilors elected in the future to understand how the spending limits are calculated from one year to the next. )

Mr. Moss read, by title only, the Resolution to Affirm Spending Cap Policies.

City of Marco Island

City Council Minutes for December 2, 2002

Mr. Tom Shea, 276 Shadowridge Court, commented that cityhood voters wanted to limit bureaucracy.

Mr. Court Eagleston (address unknown) encouraged Council to support the “democratic vote”.

Mr. Ted Willis, 1281 Mimosa Court, expressed concern that City Council and staff are trying to circumvent the cap.

Ms. Lee Zwerin, 468 Capri Court, offered her support for restating the budget.

Dr. Fay Biles, 1588 Heights Court, questioned which items were dropped to arrive at a reduced budget.

MOTION by Vice-Chair Minozzi to APPROVE THE RESOLUTION TO AFFIRM SPENDING CAP POLICIES, AMENDED TO REMOVE PARAGRAPH NINE (9). Second by Councilwoman Kelber. Motion failed 2-5. (Councilman Arceri, Councilman Boyce, Councilwoman DiSciullo, Councilwoman Patterson and Chairman Tucker opposed.)

(E) DISCUSSION Status Report on Engineering Designs for the SS Judge Jolley Bridge.

(Editorial History: The State of Florida Department of Transportation (FDOT) has selected a consultant to provide engineering design and environmental permitting services to expand the SS Judge Jolley Bridge. A formal design start is expected to occur during November 2002.)

Council members agreed to review the engineering report.

(F) DISCUSSION Appointment to the Firefighters Pension Board.

(Editorial History: Firefighters hired after January 1, 1996 are provided pension benefits through a local law Pension Plan originally established by the Marco Island Fire Control District. The plan is governed by a five-member Board of Trustees. Two members must be City residents, two must be full-time Firefighters who are members of the plan, and the fifth member is selected by the majority vote of the other four members. Laura Litzans two-year term expires on December 4, 2002. )

MOTION by Councilman Boyce to APPOINT LAURA LITZAN TO THE FIRE FIGHTERS PENSION BOARD FOR A TWO (2) YEAR TERM. Second by Councilwoman Kelber. Motion carried 7-0.

City of Marco Island

City Council Minutes for December 2, 2002

(G) DISCUSSION Award of Contract for Street Resurfacing.

(Editorial History: On April 5, 1999 City Council commissioned a ten-year street resurfacing program through adoption of Resolution No. 99-14. For fiscal year 2003, the fifth year of the program, City Council authorized a budget amount of $350,000. Based on an evaluation of bids, including a review of contractor resources, staff considers Better Roads, Inc. to be the most responsive and qualified bidder. )

MOTION by Councilman Arceri to AWARD A CONTRACT FOR FISCAL YEAR 2003 STREET RESURFACING TO BETTER ROADS, INC. Second by Councilman Boyce. Motion carried 7-0.

(H) DISCUSSION Award of Contract for CR92A Goodland Pathway.

This item was deleted from the agenda prior to the meeting.

(I) DISCUSSION Interlocal Memorandum of Understanding with Collier County for On/Off Island Development.

(Editorial History: In August staff presented an Interlocal Memorandum of Understanding (MOU) that outlined procedures and guidelines for City review and comment on off-island use petitions involving rezonings, PUD amendments, and Developments of Regional Impact (DRIs). While non-binding in nature, the opportunity for comments by Marco Island afforded by the MOU was viewed as a positive step toward a more comprehensive, multi-jurisdictional review of projects.)

MOTION by Councilman Boyce to APPROVE THE INTERLOCAL MEMORANDUM OF UNDERSTANDING. Second by Councilwoman Kelber. Motion carried 7-0.

(J) DISCUSSION Budget Amendment.

(Editorial History: The most efficient way to handle budget amendments during the course of the fiscal year is for City Council to approve the amendments by voice vote. At the end of the fiscal year, all budget amendments approved by the Council during the year will be consolidated into an official appropriations ordinance approved prior to the start of the fiscal year.)

MOTION by Vice-Chair Minozzi to APPROVE THE BUDGET AMENDMENT AUTHORIZING UNEXPENDED CAPITAL FUNDS TO BE CARRIED FORWARD INTO THE FISCAL YEAR 2003 BUDGET. Second by Chairman Tucker. Motion carried 7-0.

City of Marco Island

City Council Minutes for December 2, 2002

(K) DISCUSSION Manatee Protection Initiatives / Boat Docks.

(Editorial History: Chairman Tucker requested that this item be added to the agenda for discussion. Any additional information obtained regarding this issue will be provided to City Council prior to the meeting.)

Mr. Tom Shaw, Board member of Standing Watch, advised Council on a proposed five-year moratorium on dock building being proposed by the Save the Manatee Club, and the potentially adverse effect it could have on all water related activities.

Council directed the City Attorney to research the topic and keep Council advised.

COUNCIL COMMUNICATIONS AND DISCUSSION

Councilwoman DiSciullo questioned the high dollar amount of fines, forfeitures and building permit fees for the first month of the new fiscal year.

Councilman Arceri requested that Council further discuss capital carry over and the emergency purchase of City Hall. Council agreed to hold a special-called meeting on January 13, 2003.

PUBLIC COMMENT (ITEMS NOT ON THE AGENDA)

There were no public speakers.

There being no further business to come before City Council, the meeting adjourned at 10:20 p.m.

(signature page to follow)

City of Marco Island

City Council Minutes for December 2, 2002

____________________________________

E. Glenn Tucker, Council Chairman

Laura Litzan, City Clerk

Susan Patton, Council Secretary