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Regular Meeting - September 2, 2003
THE CITY OF MARCO ISLAND
MINUTES
 
City Council Meeting –  September 3, 2003 – 6:00 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
        Mike Murphy, Fire Chief
        Roger Reinke, Police Chief
        Laura Litzan,  City Clerk
        Other interested citizens and visitors                  



INVOCATION AND PLEDGE OF ALLEGIANCE

By:  Reverend David Swicegood, Marco Presbyterian Church


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


APPROVAL OF MINUTES

MOTION by Vice-Chair Tucker to APPROVE THE MINUTES FOR THE AUGUST 18, 2003 REGULAR MEETING.  Second by Councilwoman Kelber.  Motion carried 7-0.

Councilman Arceri requested a modification to the Minutes of August 20, 2003 to clarify his desire to have a business plan in place for the utility system by February 28, 2004.


City of Marco Island
City Council Minutes for September 3, 2003  
Page 2


MOTION by Councilwoman Kelber to APPROVE THE MINUTES FOR THE AUGUST 20, 2003 SPECIAL CALLED MEETING, AS AMENDED.   Second by Councilwoman DiSciullo.  Motion carried 7-0.


BUSINESS

(A)     RESOLUTION – Adopting a Tentative Millage Rate for Fiscal Year 2003-04.
(B)     RESOLUTION – Adopting a Tentative Budget for Fiscal Year 2003-04.
(C)     ORDINANCE – First Reading – Adopting the 2003 Tax Levy and Millage Rate
(D)     ORDINANCE – First Reading – Adopting the Final Budget for Fiscal Year 2003-04.

(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 mil levy and approval of the annual budget.  As required by the TRIM legislation, all Marco Island property owners are provided notice of this public hearing on their preliminary tax statements.)  

Following an explanation of "TRIM" legislation, Finance Director Bill Harrison read, by title only, the Resolution to Adopt a Tentative Millage Rate.  Further, he announced the Total Assessed Valuation of Real and Personal Property is $6,372,123,299; that the tentative millage rate for the Fiscal Year 2003-2004 is determined to be 1.6600 mills; and that the percentage increase in property taxes adopted by the City Council of the City of Marco Island is 9.56% more than the roll-back rate of l.5151 mills computed pursuant to Florida Statues, Chapter 200.065(1).

        Public Comment

Dr. Fay Biles, representing the Marco Island Tax Payers Association, commented that her membership would like a millage rate reduction to 1.60.

MOTION by Vice-Chair Tucker to APPROVE THE RESOLUTION ADOPTING A TENTATIVE MILLAGE RATE FOR THE CITY OF MARCO ISLAND FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2003 AND ENDING SEPTEMBER 30, 2004, AND REDUCE THE MILLAGE RATE TO 1.64.  Second by Councilman Boyce.  Motion carried 6-1.  (Councilman Arceri opposed.)

Mr. Harrison read, by title only, the Resolution Adopting a Tentative Budget for Fiscal Year 2003-04.  He announced the Tentative Budget, shown in Exhibit "A" of the Resolution, has total appropriations of $24,527,657, and that the budget will be adjusted to reflect the change in millage rate to 1.64.  There was no public comment.

City of Marco Island
City Council Minutes for September 3, 2003  
Page 3


MOTION by Councilman Boyce to APPROVE THE RESOLUTION ADOPTING A TENTATIVE BUDGET FOR THE CITY OF MARCO ISLAND, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2003 AND ENDING SEPTEMBER 30, 2004, AMENDED TO REFLECT THE MILLAGE RATE OF 1.64.  Second by Vice-Chair Tucker.  Motion carried 7-0.  

Mr. Harrison read, by title only, the Ordinance adopting the 2003 Tax Levy and Millage Rate.  He announced that the Total Assessed Valuation of Real and Personal Property is $6,372,123,299; that the tax levy and millage rate for Total General Fund Operations is 1.66 mils; that the current year's roll-back rate is 1.5151; and that the increase in the millage rate over the roll-back rate is 9.56%.  There was no public comment.

MOTION by Vice-Chair Tucker to ADOPT ON FIRST READING THE ORDINANCE DETERMINING AND FIXING THE 2003 TAX LEVY AND MILLAGE RATE AT 1.64 FOR THE CITY OF MARCO ISLAND.  Second by Councilman Boyce.  Motion carried 6-1.  (Councilman Arceri opposed.)  

Mr. Harrison read, by title only, the Ordinance adopting the final budget for fiscal  year 2003-04.  He announced that the Total Assessed Valuation of Real and Personal Property is $6,372,123,299; that Exhibit "A" of the Ordinance has total appropriations for the General Fund in the amount of $10,859,032; Capital Projects Fund in the amount of $11,687,000; Building Services Fund in the amount of $928,377; Utility Fund in the amount of $953,248; Recreation Fund in the amount of $100,000; with a Total Budget appropriation in the amount of $24,527,657.

Public Comment

Dr. Fay Biles, President of MITA, questioned the language contained in the Ordinance.
                
MOTION by Vice-Chair Tucker to ADOPT ON FIRST READING THE ORDINANCE ADOPTING THE FINAL BUDGET FOR THE CITY OF MARCO ISLAND FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2003 AND ENDING SEPTEMBER 30, 2004.  Second by Councilman Boyce.  Motion carried 7-0.      


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

(Editorial History:  Mr. Dave Rice, Volunteer Chairman of the Christmas Island Style Committee, has requested City support for several Christmas events.   In addition, Mr. Rice is requesting that the City assume the financial support previously provided by Florida Water Services, who annually donated $15,000.00 as the Title Sponsor for the event.)
City of Marco Island
City Council Minutes for September 3, 2003  
Page 4


Mr. Dave Rice, Chairman of the Christmas Island Style Committee, donned a Santa Claus costume, to thank Council for their past support of this community event, and request that Council continue the funding of Christmas Island Style previously provided by Florida Water Services in the amount of $15,000.

Public Comment

Mrs. Rose Patterson, President of the Art League Board of Directors, spoke in favor of the City's support for this event.

Collier County Commissioner Donna Fiala stated that she is proud to represent Marco Island and urged Council to make the financial commitment to Christmas Island Style.

Mr. Jerry Bare, 555 Seaview Court, thanked Dave Rice of his efforts in promoting this event.

MOTION by Vice-Chair Tucker to AUTHORIZE THE EXPENDITURE OF $15,000 FROM THE 2003 BUDGET TO SUPPORT CHRISTMAS ISLAND STYLE, AND APPROVE THE REQUEST FOR THE USE OF CITY PROPERTY AND THE SUPPORT OF CITY STAFF.  Second by Councilman Boyce.  Motion carried 7-0.  


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

(Editorial History:  The annual budget for Fiscal Year 2002-03 was approved by the City Council in September of last year.  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 and at the fund level in other funds.)

Mr. Moss read, by title only, the Ordinance relating to Budget Re-Appropriation.  There was no public comment.

MOTION by Councilman Boyce to ADOPT ON FIRST READING THE ORDINANCE TO AMEND THE BUDGET FOR THE CITY OF MARCO ISLAND FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2002 AND ENDING SEPTEMBER 30, 2003.  Second by Vice-Chair Tucker.  Motion carried 7-0.  


(F)      ORDINANCE - Second Reading & Public Hearing - An Ordinance to Amend
         Chapter 54, Article IV (Boat Docking Facilities) of the Marco Island City Code.

(Editorial History:  On August 18, 2003 City Council approved on first reading the Ordinance amending the City's boat dock regulations.)  
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City Council Minutes for September 3, 2003  
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Mr. Moss read, by title only, the Ordinance amending Chapter 54, Article IV (Boat Dock Ordinance) of the Marco Island City Code.  There was no public comment.

MOTION by Councilman Boyce to ADOPT ON SECOND READING THE ORDINANCE TO AMEND CHAPTER 54, ARTICLE IV (BOAT DOCKING FACILITIES) OF THE MARCO ISLAND CITY CODE.  Second by Councilman Arceri.  Motion carried 7-0.


(H)     RESOLUTION - First Reading - An Ordinance to Establish Utility Rates.

(Editorial History:  An essential step in the process of the acquisition of water and wastewater utilities from Florida Water is establishing bond ratings and obtaining bond insurance.  As part of that process, the City of Marco Island needs to establish fees and charges for water and wastewater services.)

Mr. Moss read, by title only, the Ordinance to Establish Utility Rates.  Mr. Moss requested that City Council discuss the proposed rates, rather than adopt the Ordinance on first reading at this meeting.

Public Comment

Mr. Sal Scrianno, 911 Montego Court, spoke in favor of sewer rates for current customers remaining the same.

MOTION by Councilman Arceri to ACCEPT THE UTILITY RATE SCHEDULE AS PRESENTED, WITH CURRENT MARCO ISLAND WATER AND WASTEWATER CUSTOMERS TO BE PHASED INTO THE RATE STRUCTURE IN THE FUTURE, AND MODIFY SECTION 2 TO ADD "SUBJECT TO CITY COUNCIL REVIEW".  Second by Councilwoman DiSciullo.  Motion carried 6-1.  (Vice-Chair Tucker opposed.)


(H)      RESOLUTION - A Resolution Amending the City of Marco Island Personnel Rules and Regulations.

(Editorial History:  On August 20, 2003, City Council approved the acquisition of the Florida Water Service Corporation Utility Systems serving Marco Island and Marco Shores.  Because City Council establishes Human Resource Policies, Council is asked to consider several amendments to the City's Personnel Rules and Regulations.  These amendments incorporate necessary changes to provide for the transition of Florida Water employees to the City.  Recommended amendments also address other issues that have been considered appropriate since adoption of the initial Personnel Rules and Regulations by Resolution on March 1, 1999.)
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City Council Minutes for September 3, 2003  
Page 6


Mr. Moss read, by title only, a Resolution Amending the City of Marco Island Personnel Rules and Regulations.  There was no public comment.


MOTION by Councilman Arceri to APPROVE THE RESOLUTION AMENDING THE CITY OF MARCO ISLAND PERSONNEL RULES AND REGULATIONS.  Second by Councilwoman Kelber.  Motion carried 7-0.


(J)      DISCUSSION - Future Hearing Regarding Formal Administrative Position that Desired Amendment to the Esplanade Project SDP is Inconsistent with Governing Development Agreement.
        
(Editorial History:  George Varnadoe, Esq., representing A&N of Marco, Inc., has requested that City Council conduct a hearing to review a formal administrative position that a desired amendment to the approved Site Development Plan (SDP-01-07) is inconsistent with the governing Development Agreement for the Esplanade project.)  

City Council agreed to hold the public hearing scheduled for September 15, 2003.


COUNCIL COMMUNICATIONS

Councilman Arceri requested that council members sign a petition supporting the Marco Sport Fishing Club's request to have the 9-Mile Reef named after the club.


FUTURE AGENDA

Councilwoman DiSciullo requested future discussion regarding setting policies establishing City financial support for special events.


PUBLIC COMMENT

There was no public comment.


ADJOURN

There being no further business to come before Council, the meeting adjourned at 8:00 p.m.

(signature page to follow)

City of Marco Island
City Council Minutes for September 3, 2003  
Page 7





                                                        
Michael F. Minozzi Jr., Council Chairman
 Date:                                                 


ATTEST:

                                                        
Laura Litzan, City Clerk
Date:                                           


PREPARED BY:

                                                        
Susan Patton,  Council Secretary
Date:                                           



City of Marco Island 50 Bald Eagle Drive, Marco Island, FL 34145
Phone: 239-389-5000 Fax: 239-389-4359