THE CITY OF MARCO ISLAND
MINUTES
City Council Meeting – June 2, 2003 – 5:00 p.m.
Chairman Minozzi called the meeting to order and presided.
ROLL CALL
All Present
Also Present:
A. William Moss, City Manager
Richard Yovanovich, City Attorney
Greg Niles, Community Development Director
Ladd Ryziw, Public Works Director
Bill Harrison, Finance Director
Michael Murphy, Fire Chief
Roger Reinke, Police Chief
Dana Souza, Parks and Recreation Coordinator
Laura Litzan, City Clerk
Other 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
MOTION by Councilwoman Patterson to APPROVE THE MINUTES FOR MAY 9, 2003 WORKSHOP MEETING. Second by Councilwoman Kelber. Motion carried 7-0.
MOTION by Councilwoman Patterson to APPROVE THE MINUTES FOR MAY 19, 2003 REGULAR MEETING, AMENDED TO CORRECT A TYPOGRAPHICAL ERROR ON PAGE 4. Second by Councilwoman DiSciullo. Motion carried 7-0.
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BUSINESS
(A) DISCUSSION - Fiscal Year 2004 Spending Cap Calculations.
(Editorial History: At the March 3rd City Council meeting, Council established the Spending Cap for Fiscal Year 2004 at $14,060,420. That figure was determined by taking the Spending Cap for 2004 without modifications and eliminating the 2001 purchase of the City Hall by emergency authorization in the amount of $1,275,000. Several Councilors expressed concern that the Spending Cap for 2004 was being modified without knowing the fiscal impact of the cap reductions. At the CIP Workshop on May 9th, Council directed that the Spending Cap issue be placed on an agenda for further discussion.)
Public Comment
Citizens speaking in opposition to adding back the 2001 Utility Fund ($775,000) into the 2004 Spending Cap:
Mr. Bill McMullen, 1250 North Collier Boulevard
Mr. Nick Carsillo, 491 Maunder Court
Mr. Charles Slagle, 805 Caribbean Court
Mr. Robert Popoff, 146 Greenbrier Court
Dr. Fay Biles, 1588 Heights Court
Ms. Charlette Roman, 348 Cottage Court
Mr. Russ Colombo, 755 Plantation Court
Mr. Herb Savage, 816 Elkcam Circle West
Mr. Jim Paige, 540 Shalimar Street
Mr. Jim Lange, 836 Saturn Court
Citizens speaking in support of adding back the 2001 Utility Fund ($775,000) into the 2004 Spending Cap:
Mr. Jack Patterson, 860 Panama Court
Mr. Robert Dyer, 1848 Honduras Court
Mr. Monte Lazarus, 222 Waterway Court
MOTION by Vice-Chair Tucker to INCREASE THE 2004 SPENDING CAP BY $775,000 TO ACCOUNT FOR THE ERROR THAT WAS MADE BY INCLUDING THE SEWER ENTERPRISE FUND IN THE 2001 BUDGET. Second by Councilman Boyce. Motion carried 4-3. (Councilman Arceri, Councilwoman DiSciullo, and Councilwoman Patterson opposed.)
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(B) DISCUSSION – Acquisition of Glon Property on Elkcam Circle.
(Editorial History: During the Capital Improvement Program workshop meeting of May 9, 2003 Vice-Chair Tucker suggested that City Council consider an offer to purchase property owned by Dale Glon on Elkcam Circle. Vice-Chair Tucker
has since met with the property owner to discuss the acquisition and has requested that City Council discuss this subject.)
Councilwoman DiSciullo indicated that she will not vote on the matter due to a conflict of interest because she prepares Mr. Glon's taxes.
Public Comment
Adjoining property owners Mr. Ed Issler, 908 Joy Circle, Mr. Dale Mikles, 490 Rio Court, Mr. Bob Storch, 480 Rio Court, and John Mosakle, 918 Joy Circle, expressed support for a proposal that would not conflict with the adjacent residential neighborhood.
Ms. Phyllis Marco, Vice-President of MICA, read a letter from President Jim Arnold and the MICA Board of Directors urging Council to be cautious regarding the property purchase, suggesting that the matter should be decided by the voters.
Mr. Monte Lazarus, 222 Waterway Court, suggested that a member of the Planning Board serve on the Fact-Finding Committee and cautioned against a referendum on the matter.
Dr. Fay Biles, 1588 Heights Court, stated that it is rumored that the Embassy Suites is no longer interested in the property and wonders if the $10M price tag should be reduced.
Mr. Herb Savage, 816 Elkcam Circle West, voiced his support for the purchase and urged Council to “Just do it.”
Mr. Bob Butler, 921 South Collier Boulevard, declared his belief that "Time is of the essence," and suggested that City just buy the property.
MOTION by Vice-Chair Tucker to AUTHORIZE A FACT-FINDING COMMITTEE CONSISTING OF VICE-CHAIR TUCKER, THE CITY MANAGER, GREG NILES, DANA SOUZA, ONE MEMBER OF THE PLANNING BOARD AND TWO MEMBERS OF THE PUBLIC (TO BE DETERMINED BY THE CITY MANAGER) AND REPORT BACK TO COUNCIL BY MID-JULY. Second by Councilwoman Kelber. Motion carried 6-0. (Councilwoman DiSciullo abstained.)
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(C) DISCUSSION - Contributions for Memorials
(Editorial History: Councilwoman Kelber requested that City Council consider this item for discussion.)
Public Comment
Ms. Phyllis Marco, 4000 Royal Marco Way, informed Council that the Beautification Advisory Committee has been considering instituting a tree donor program.
MOTION by Councilwoman Kelber to ESTABLISH A "GIFTING" PROGRAM FOR THE CITY. Second by Councilman Boyce. Motion carried 7-0.
(F) DISCUSSION - Education Initiatives.
(Editorial History: On May 19, 2003 Councilwoman Patterson proposed and City Council agreed to discuss the topic of education. The City of Marco Island adopted policies pertaining to education through the Future Land Use Element of the Comprehensive Plan (2001). Those local policies were reiterated and responsibilities clarified through the drafting process for the state mandated "Interlocal Agreement for Public School Facility Planning”.)
Public Comment
Mr. Rob Popoff, President of the Marco Island Charter Middle School, and Mr. George Abounader, Principal and Director of the Marco Island Charter Middle School, advised Council that headway is being made with the Collier County School Board towards the goal of a Charter Middle School building.
Jim Reinders, 1678 Rainbow Court, expressed his support for a comprehensive plan and shared goals for education.
MOTION by Councilwoman Patterson to AUTHORIZE THE CITY MANAGER TO CONTRACT FOR LEGAL SERVICES TO NEGOTIATE
WITH THE COLLIER COUNTY SCHOOL BOARD. Motion failed for lack of a second.
MOTION by Councilwoman Kelber to SUSPEND THE 9:00 P.M. RULE. Second by Vice-Chair Tucker. Motion carried 7-0.
MOTION by Councilman Arceri to DIRECT THE CITY MANAGER TO PREPARE A RESOLUTION TO SUPPORT THE EFFORTS OF THE MARCO ISLAND CHARTER MIDDLE SCHOOL TO BUILD A PERMANENT FACILITY. Second by Vice-Chair Tucker. Motion carried 7-0.
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MOTION by Vice-Chair Tucker to AUTHORIZE THE CHAIR TO PREPARE AND HAND DELIVER A LETTER TO THE COLLIER COUNTY SCHOOL BOARD SUPPORTING THE EFFORTS OF THE MARCO ISLAND CHARTER MIDDLE SCHOOL TO BUILD A PERMANENT FACILITY. Second by Councilman Arceri. Motion carried 7-0.
(D) RESOLUTION – Regarding the Acquisition of the Water and Sewer Utility System from Florida Water Service – Resolution Establishing Intent to Reimburse Certain Capital Expenditures Incurred with Proceeds of Future Tax-Exempt Financing.
(Editorial History: As part of the formal process of the acquisition of the water and sewer utility system from Florida Water, the City Council should approve a resolution expressing its intent to include in the upcoming bond issue funds to reimburse the City for costs incurred prior to the issuance of the bonds. Costs incurred for expenditures such as due diligence engineering, legal work, and rate studies are referred to as “soft costs.” While these “soft costs” are generally eligible for reimbursement through the bond issue even before the approval of a reimbursement resolution, this resolution officially establishes the intent of the City Council to add these costs to the final bond issue and makes eligible for reimbursement any other costs directly related to the utility
acquisition which may be incurred before the bond issue date.)
Mr. Moss read, by title only, the Resolution Establishing the Intent to Reimburse Certain Capital Expenditures Incurred with Proceeds of Future Tax-Exempt Financing. There was no public comment.
MOTION by Councilman Boyce to APPROVE THE RESOLUTION ESTABLISHING THE INTENT TO REIMBURSE CERTAIN CAPITAL EXPENDITURES INCURRED WITH PROCEEDS OF FUTURE TAX-EXEMPT FINANCING. Second by Vice-Chair Tucker. Motion carried 7-0.
Recess: 9:40 p.m. to 9:50 p.m. It is noted for the record that the same council members were present when the meeting reconvened.
(E) RESOLUTION – Urban County Program Agreement.
(Editorial History: At the May 19, 2003 meeting City Council approved a motion to continue support and participation with Collier County under an amended “Urban County Program Agreement." The amended agreement will be effective for a three-year period (FY2004 – FY2006). The Department of Housing and Urban Development (HUD) has requested that City Council approve a resolution to formally authorize the continued participation by the City of Marco Island in the “Urban County Program Agreement.")
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Mr. Moss read, by title only, the Resolution to Reaffirm Continued Participation by the City of Marco Island with Collier County under an amended “Urban County Program Agreement” Effective FY2004 - FY2006.
MOTION by Vice-Chair Tucker to APPROVE THE RESOLUTION TO REAFFIRM CONTINUED PARTICIPATION BY THE CITY OF MARCO ISLAND WITH COLLIER COUNTY UNDER AN AMENDED “URBAN COUNTY PROGRAM AGREEMENT” EFFECTIVE FY2004 – FY2006. Second by Councilwoman DiSciullo. Motion carried 7-0.
(G) ORDINANCES – First Readings – to Repeal Ordinance 03-04, Ordinance 03-
05, Ordinance 03-07, and Ordinance 03-08.
(Editorial History: At the meeting of May 5, 2003 City Council instructed staff to initiate efforts to rescind ordinances related to two previously adopted, but challenged, small scale comprehensive plan amendments.)
Mr. Moss read, by title only:
1. The Ordinance to Repeal Ordinance 03-04, which amended the future land use map designation from “conservation/preservation” to “community commercial” at Moran’s Barge Marina. There was no public comment.
2. An Ordinance to Repeal Ordinance 03-05, which changed the zoning classification from “A-ST” to “C-4” for property at Moran’s Barge Marina. Each Council member made their ex-parte disclosure. All witnesses were sworn in by the City Clerk. There was no public comment.
3. An Ordinance to Repeal Ordinance 03-07, which amended the future land use map designation from "low density residential" to "community commercial" for Tract "L", Marco Beach Unit 5. There was no public comment.
4. An Ordinance to Repeal Ordinance 03-08, which changed the zoning classification from "RSF-3" to "C-1/T" for Tract "L", Marco Beach Unit 5. Each Council member made their ex-parte disclosure. All witnesses were sworn in by the City Clerk. There was no public comment.
MOTION by Councilman Boyce to ADOPT ON FIRST READING THE ORDINANCE REPEALING ORDINANCE 03-04. Second by Vice-Chair Tucker. Motion carried 7-0.
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MOTION by Councilwoman DiSciullo to ADOPT ON FIRST READING THE ORDINANCE REPEALING ORDINANCE 03-07. Second by Councilman Boyce. Motion carried 7-0.
MOTION by Councilman Boyce to ADOPT ON FIRST READING THE ORDINANCE REPEALING ORDINANCE 03-05. Second by Vice-Chair Tucker. Motion carried 7-0.
MOTION by Councilman Boyce to ADOPT ON FIRST READING THE ORDINANCE REPEALING ORDINANCE 03-08. Second by Vice-Chair Tucker. Motion carried 7-0.
(H) DISCUSSION – Referendum Relating to the Acquisition of Florida Water Services.
(Editorial History: On May 19, 2003 Councilman Boyce proposed and City Council agreed to place on the agenda the subject of the acquisition of Florida Water Services Corporation and the appropriateness of a public referendum. While the public record pertaining to the utility acquisition is extensive, additional financial and engineering due diligence reports will be updated and presented for public review as part of the Chapter 180 hearing.)
City Council concurred that the community has had more than a year to voice any opposition to the sale and that no opposition has been voiced.
Public Comment
Dr. Fay Biles, President of the Marco Island Taxpayers Association, stated that their members are well informed on this issue.
MOTION by Vice-Chair Tucker to RESCHEDULE THIS ITEM FOR THE NEXT AGENDA. Second by Councilman Boyce. Motion withdrawn following discussion.
MOTION by Vice-Chair Tucker to REFRAIN FROM HOLDING A REFERENDUM ON THE SUBJECT OF THE ACQUISITION OF FLORIDA WATER SERVICES WATER AND SEWER ASSETS. Second by Councilman Arceri. Motion carried 7-0.
(I) DISCUSSION – Authorization to Contract for Legal, Financial and Engineering Services Related to Florida Water Services Acquisition.
(Editorial History: On May 5, 2003 the City Manager provided an overview of the pending negotiations for the acquisitions of the Marco Island/Marco Shores utility assets of Florida Water Services Corporation. The overview included the
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anticipated fees for services required for a successful negotiated transaction and tax-exempt bond issue. Following the overview, City Council approved an "Agreement to Acquire Utility Assets" between the cities of Marco Island, Palm Coast, Deltona, Hernando County, and Florida Governmental Utility Authority.)
Public Comment
Dr. Fay Biles, 1588 Heights Court, advised Council that when Charlotte County went through this it was a mess.
MOTION by Councilman Arceri to AUTHORIZE THE CITY MANAGER TO AFFIRM THE PREVIOUS AGREEMENTS AND TO EXECUTE THE AGREEMENT FOR SERVICES. Second by Councilman Boyce. Motion carried 7-0.
COUNCIL COMMUNICATIONS
Councilwoman Kelber called Council's attention to the condition of the beach in front of South Seas Condominium and the future needs for renourishment of this area.
Councilwoman Kelber suggested to Council that the vote on some items in the past has been rushed and Council acted prematurely. Councilor Kelber recommends that in the future Council delay voting on items not crucial.
Councilwoman DiSciullo suggested that Council have their priorities ready for the CIP workshop scheduled for June 18, 2003 in order to provide staff with direction.
Councilwoman DiSciullo questioned why clergy have not participated in the invocation for Council meetings.
Councilwoman DiSciullo suggested that staff initiate a "government shadowing day" for the island's teen students.
Chairman Minozzi updated Council on the recent Board of County Commission meeting at which beach access and its relationship to TDC funds was discussed. Mr. Minozzi stated his concern that future funding will be determined by a newly created criteria that will practically eliminate TDC funding for Marco Island beaches.
FUTURE AGENDA
Councilman Arceri requested that Council discuss TDC funding for Marco Island beaches and Council agreed to place this item on the June 16, 2003 agenda for discussion.
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Councilman Arceri requested that Council discuss goal setting and Council agreed to place this item on an August agenda.
PUBLIC COMMENT
There was no additional public comment.
ADJOURN
There being no further business to come before Council, the meeting adjourned at 10:35 p.m.
Michael F. Minozzi Jr., Council Chairman
Date:
ATTEST:
Laura Litzan, City Clerk
Date:
PREPARED BY:
Susan Patton, Council Secretary
Date:
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