THE CITY OF MARCO ISLAND
MINUTES
City Council Meeting – September 15, 2003 – 6:00 p.m.
Chairman Minozzi called the meeting to order and presided.
ROLL CALL
All Present except Vice-Chair Tucker who was absent.
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
Dana Souza, Parks and Recreation Director
Kelly Smith, Zoning Administrator
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 Councilwoman Patterson. Motion carried 6-0.
APPROVAL OF MINUTES
MOTION by Councilwoman Kelber to APPROVE THE MINUTES FOR THE SEPTEMBER 3, 2003 (REGULAR MEETING). Second by Councilwoman DiSciullo. Motion carried 6-0.
City of Marco Island
City Council Minutes for September 15, 2003
Page 2
PRESENTATIONS
(A) Proclamation Commending Firefighter William M. McGrath for his Years of Service.
(Editorial History: On September 3, 2003 Firefighter William M. McGrath retired from the City of Marco Island Fire Rescue Department after 25 years of paid service and 2 years as a volunteer.)
Mr. Moss read the Proclamation commending Firefighter William M. McGrath for his years of service.
BUSINESS
(A) ORDINANCE – Second Reading and Public Hearing – An Ordinance Determining and Fixing the 2003 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, 2003 and Ending September 30, 2004.
(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. The first of the two required public hearings was held on September 3, 2003. At that meeting City Council action reduced the mil levy from the maximum of 1.66 mils, reported earlier this summer to the Collier County Tax Collector, to 1.64 mils. That tax levy will assure that owners of homesteaded properties on Marco Island will pay no more in City property taxes than paid last year.)
Finance Director Bill Harrison read, by title only, the Ordinance Determining and Fixing the 2003 Tax Levy and Millage Rate for the City of Marco Island. He announced that the total assessed valuation of real and personal property is $6,372,123,200; that the tax levy and millage rate for General Fund Operations is 1.6400 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 8.24%. There was no public comment.
MOTION by Councilman Arceri to ADOPT ON SECOND READING THE ORDINANCE ADOPTING THE 2003 TAX LEVY AND MILLAGE RATE FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2003 AND ENDING SEPTEMBER 30, 2004, AND REDUCE THE MILLAGE RATE TO 1.62. Second by Councilwoman Patterson. Motion carried 4-2. (Chairman Minozzi and Councilman Boyce opposed.)
City of Marco Island
City Council Minutes for September 15, 2003
Page 3
Mr. Harrison read, by title only, 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. He announced that the Total Assessed Valuation of Real and Personal Property is $6,372,123,200; 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 $100,000; with a Total Budget appropriation in the amount of $24,527,687. There was no public comment.
MOTION by Councilman Boyce to ADOPT ON SECOND READING THE ORDINANCE ADOPTING THE FINAL BUDGET FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2003 AND ENDING SEPTEMBER 30, 2004. Second by Councilwoman DiSciullo. Motion carried 6-0.
(C) ORDINANCE - Second Reading and Public Hearing - 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. During the course of the current fiscal year, Council approved a number of budget amendments on voice vote. The budget may only be officially amended with a re-appropriation ordinance, which consolidates all budget amendments approved during the year. This ordinance was approved by the City Council on first reading at the meeting of September 3, 2003. It was determined that sufficient funds are available in General Fund contingency in the 2003 budget to pay for the parks maintenance equipment scheduled for the 2004 budget to be financed with lease-purchase. This re-appropriation moves an additional $118,000
from General Fund contingency to the Parks Maintenance Department budget.)
Mr. Moss read, by title only, the Budget Re-Appropriation Ordinance. There was no public comment.
MOTION by Councilman Arceri to ADOPT ON SECOND READING THE ORDINANCE AMENDING THE BUDGET FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2002 AND ENDING SEPTEMBER 30, 2003. Second by Councilman Boyce. Motion carried 6-0.
(D) RESOLUTION - A Resolution Authorizing the Issuance of (not to exceed) $10 Million in General Obligation Bonds.
(Editorial History: The Resolution for consideration authorizes the issuance of not to exceed $10 million in General Obligation Bonds to finance the acquisition, construction, equipping and improving of real property. The Resolution provides for a bond mail ballot referendum on November 18, 2003 to determine whether the Marco Island electorate approves the financing of the project.)
City of Marco Island
City Council Minutes for September 15, 2003
Page 4
Mr. Moss read, by title only, the Resolution Authorizing the Issuance of NTE $10 Million in GOB Bonds for the Glon Property. Councilwoman DiSciullo reminded Council that she will not vote on this matter due to her conflict of interest previously disclosed.
Public Comment
Dr. Fay Biles, President of MITA, suggested that the MITA membership may not approve the sale and stated that she is confused regarding the rules of the PUD.
Mr. Joe Oliverio, 287 Meadowlark Court, expressed his concern about the cost of the purchase and the non-refundable $75,000 deposit.
Mr. Ed Issler, 908 S. Joy, stated his support for the purchase of the property, however, he is concerned about how much this will cost taxpayers.
Mr. Everett Van Hoesen, 1100 S. Collier Boulevard, spoke in favor of the purchase and encouraged Council to negotiate the price to the extent possible, stating his concern regarding the non-refundable deposit.
Mr. Craig Woodward, representing the seller Mr. Dale Glon, explained why the seller requested a PUD extension and a non-refundable deposit.
Mr. Bob Butler, 921 S. Collier Boulevard, declared his support for the purchase of the property.
MOTION by Councilman Arceri to ACCEPT THE $9.7 MILLION SALES PRICE AND THE TERMS, EXCLUDING THE $75,000 NON-REFUNDABLE DEPOSIT AND REQUIRE THE SELLER TO SIGN THE CONTRACT BY OCTOBER 10, 2003. Motion failed for lack of a second.
MOTION by Councilman Arceri to APPROVE THE RESOLUTION AUTHORIZING THE ISUANCE OF NOT TO EXCEED $10 MILLION IN GENERAL OBLIGATION BONDS BY THE CITY TO FINANCE THE COST OF ACQUISITION OF REAL PROPERTY (GLON PROPERTY) AND CALLING A LAND ACQUISITION BOND REFERENDUM OF THE QUALIFIED ELECTORS OF THE CITY TO BE HELD ON NOVEMBER 18, 2003, MODIFIED TO FURTHER DESCRIBE THE PROPERTY. Second by Councilwoman Patterson. Motion carried 5-0. (Councilwoman DiSciullo abstained.)
(E) RESOLUTION - Public Hearing - Petition V-03-07, Craig R. Woodward, Esquire, as agent for Johannes Van der Wal, property owner, is requesting a 5-foot variance from the required 25-foot front yard setback for an addition to the existing single-family house located at 215 Rockhill Court, Marco Island.
City of Marco Island
City Council Minutes for September 15, 2003
Page 5
(Editorial History: City Council will be acting as the City's Board of Zoning Appeals in this matter. The Planning Board heard this request at their August 22, 2003 meeting. At the conclusion of the public hearing the Planning Board voted 3-3 on a motion to recommend approval of petition V-03-07 to City Council.)
Mr. Moss read, by title only, the Resolution relating to Petition V-03-07. Council members made their ex-parte disclosures. The City Clerk swore in all witnesses.
Representing the Petitioner, Mr. Craig Woodward, reviewed the petition and responded to Council's questions.
Public Comment
Mr. Johannes Van der Wal, the Petitioner, requested that Council grant the variance.
Mr. Dennis Sope, 226 Rockhill Court, spoke in support of the variance.
Mr. Everett Van Hoesen, Chairman of the Marco Island Planning Board, reviewed the opinions of the Planning Board on this matter.
MOTION by Councilman Boyce to APPROVE PETITION V-03-07. Second by Councilman Arceri. Motion carried 6-0.
Recess: 7:50 p.m. to 8:00 p.m. It is noted for the record that the same council members were present when the meeting reconvened.
(F) DISCUSSION - Public Hearing - Proposed Amendment to the Approved Development Plan for the Esplanade.
(Editorial History: On February 20, 2001 City Council approved an amended Development Agreement to allow development of the Esplanade as a mixed-use project. Subsequently City staff reviewed and approved a Site Development Plan (SDP-01-07) for the Esplanade project which incorporated the amphitheater in the central plaza area. The Developer now desires to construct a bar/gazebo with outdoor seating in lieu of the amphitheater feature.)
Public Comment
Representing the Petitioner, Attorney Bruce Anderson requested that the hearing be continued to the next Council meeting, following public comment.
City of Marco Island
City Council Minutes for September 15, 2003
Page 6
Citizens speaking in support of the proposed changes to the development.
Mr. Jim Curran, 590 Club Marco Circle
Mr. Nick Campo, 216 Shadow Ridge Drive
Mr. Tom Shea, 276 Shadow Ridge Drive
Citizens speaking in opposition to the proposed changes to the development
Mr. Stanley Sutphen, President of the Smokehouse Bay Club Association
Ms. Cheryl Rossi, 750 Tigertail Court
Mr. Everett Van Hoesen, 100 S. Collier Boulevard, stated that this is a clever way by the developer to circumvent the process to review substantial changes and urges Council not to continue the hearing. Mr. Van Hoesen spoke in support of staff's decision.
Mr. Richard Robinson, address unknown, stated his belief that this is a procedural issue and spoke against projects receiving approval based on tradeoffs and not on the merits of the project.
MOTION by Councilman Arceri to CONTINUE THE HEARING UNTIL THE OCTOBER 6, 2003 MEETING. Second by Councilman Boyce. Motion carried 5-1. (Councilwoman DiSciullo opposed.)
MOTION by Councilwoman DiSciullo to SUSPEND THE 9:00 RULE. Second by Councilman Arceri. Motion carried 6-0.
(G) DISCUSSION - Request for Support for the Marco Island Film Festival
(Editorial History: The Marco Island Film Festival will take place on November 5th - 9th, 2003. The Film Festival has asked the City of Marco Island to continue as a sponsor with a $10,000 contribution. In 2002, the City provided the Film Festival with a $10,000 contribution. This year the Marco Island Film Festival has developed two new programs that will benefit the community. Both will allow Marco Island youth to view age appropriate films, free of charge, on a first come, first serve basis.)
Mr. Maury Dailey and Ms. Jody Cameron reviewed for Council details of the Film Festival and answered Council's questions. Ms. Pat Berry, Chairman of the Film Festival, explained that the planned youth events will be canceled if the request for funding is denied.
Public Comment
Mr. Sal Scrianno, 911 Montego Court, expressed his concern regarding the lack of documentation supporting how funds were spent previously.
City of Marco Island
City Council Minutes for September 15, 2003
Page 7
MOTION by Councilwoman DiSciullo to TABLE THIS DECISION UNTIL THE SEPTEMBER 29, 2003 MEETING IN ORDER TO ALLOW STAFF TIME TO DEVELOP A COMMUNITY EVENT SPONSORSHIP POLICY. Motion failed for lack of a second.
MOTION by Councilman Boyce to APPROVE A $10,000 EXPENDITURE, SUBJECT TO SUBMISSION OF DOCUMENTATION AND INVOICES TO SUPPORT THE CONTRIBUTION. Second by Councilman Arceri. Motion carried 6-0
(H) DISCUSSION - Antenna License Agreement.
(Editorial History: City Council previously approved the installation of a computerized records management system, including a mobile computer network, within the police department funded by a federal grant. The mobile computer network utilizes secure radio technology to transmit data. Critical components of the system include a fiberglass transmitting/receiving antenna and 900 MHz radio router that are to be installed on the roof of the Pier 81 condominium with permission of the Pier 81 Condominium Association. The Association has asked the City to draft an antenna license agreement to indemnify, to the extent permitted by law, the Association from liability in the placement of the antenna.)
MOTION by Councilman Arceri to APPROVE THE LICENSE AGREEMENT. Second by Councilman Boyce. Motion carried 6-0.
(J) DISCUSSION - Award of Contract for the Bald Eagle Drive Beautification Project.
(Editorial History: Bids for the Bald Eagle Drive Beautification Project were opened on September 4, 2003. Staff received four sealed bids for the installation of landscaping along Bald Eagle Drive. The low bid submitted by Villa and Son Landscaping Corporation represents 55% of the available funds. Based on an evaluation of bids, including a review of unit prices, contractor resources, and prior performance, staff considers Vila & Son Landscaping Corporation to be the most responsive and qualified bidder for this project.)
MOTION by Councilman Arceri to AWARD THE CONTRACT FOR THE BALD EAGLE DRIVE BEAUTIFICATION PROJECT TO VILLA AND SON LANDSCAPING CORPORATION AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE CONTRACT. Second by Councilwoman Kelber. Motion carried 6-0.
City of Marco Island
City Council Minutes for September 15, 2003
Page 8
COUNCIL COMMUNICATIONS
Councilman Arceri questioned whether a policy to limit the size of view-blocking hedges needs to be considered.
Councilwoman DiSciullo advised Council that staff will conduct a "field trip" at 3:00 PM on September 29, 2003 to preview the proposed roadway improvements to South Collier Boulevard.
Councilwoman DiSciullo advised Council that the City Attorney has stated that he cannot represent Council with respect to the current conflict between the Code Enforcement Board and Council because he must represent the Code Enforcement Board. She requested information as to who will represent Council in this matter.
Chairman Minozzi briefed Council on the meeting hosted by Representative Porter Goss and attended by legislators from Lee and Collier County. Topics of discussion included dock building, speed limits, Red Tide, beach renourishment, health care, I-75 improvements, National Security, and funding for the Judge S.S. Jolley Bridge.
Chairman Minozzi updated Council on his trip to New York City, also attended by the City Manager and the Finance Director, to meet with bond rating agencies and insurers relating to the acquisition of Florida Water Services.
City Manager Moss advised Council that the State of Florida is requiring changes to the Goodland pathway which will increase the width from 8 feet to 10 feet and changes the pathway material from concrete to asphalt. Mr. Moss will approve the changes requested to expedite the project.
FUTURE AGENDA
There were no requests for items to be placed on a future agenda.
PUBLIC COMMENT
Mr. Everett Van Hoesen, Chairman of the Planning Board, requested that Council hold a future workshop with the Planning Board in order to discuss what Council would like them to review.
Mr. Charles Hoyles, Treasure Court, expressed concern about Council not following the advice of the Planning Board.
City of Marco Island
City Council Minutes for September 15, 2003
Page 9
Mr. Jim Lang, Saturn Court, suggested that Council consider limiting the height of landscaping at the seawall.
Mr. Roger Parcelles, 600 Rose Court, expressed concern that the public was not allowed to speak on a matter at the last Code Enforcement Board meeting.
ADJOURN
There being no further business to come before Council, the meeting adjourned at 10:22 p.m.
Michael F. Minozzi Jr., Council Chairman
Date:
ATTEST:
Laura Litzan, City Clerk
Date:
PREPARED BY:
Susan Patton, Council Secretary
Date:
| 
