THE CITY OF MARCO ISLAND
MINUTES
City Council Meeting – October 6, 2003 – 6:00 p.m.
Chairman Minozzi called the meeting to order and presided.
ROLL CALL
All Present except Councilwoman Patterson who was absent.
Also Present: A. William Moss, City Manager
Richard Yovanovich, City Attorney
Greg Niles, Community Development 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 Joy Baumgartner, United Church of Marco Island.
APPROVAL OF AGENDA
MOTION by Councilman Boyce to APPROVE THE AGENDA, AMENDED TO MOVE ITEM F TO THE FIRST ITEM. Second by Councilwoman Kelber. Motion carried 6-0.
APPROVAL OF MINUTES
MOTION by Councilwoman DiSciullo to APPROVE THE MINUTES FOR THE SEPTEMBER 15, 2003 (REGULAR MEETING) AMENDED TO INCLUDE THE COMMENTS OF MS. CHERYL BERNSTEIN, 750 TIGERTAIL COURT, UNDER PUBLIC COMMENT FOR ITEM J. Second by Councilman Boyce. Motion carried 6-0.
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BUSINESS
(F) DISCUSSION – Public Hearing – Desired Amendment to the Approved Development Plan for the Esplanade Project.
(Editorial History: At the September 15, 2003 meeting, City Council initiated a public hearing to consider a request by the Developer of the Esplanade to challenge staff’s position that a desired amendment would be inconsistent with the approved Development Agreement. The amendment would allow for the installation of a bar/café in the central plaza area in lieu of the amphitheater. At the meeting a new rendering was provided to Council illustrating the desired bar/café with a revised total of 88 seats versus the original concept with 174 seats. Per the request of the Developer’s representative, Council agreed to continue this matter to this meeting.)
Representing the Petitioner, Attorney Clay Booker of firm Young, Van Assenderp, Varnadoe & Anderson explained that the petitioner will request an amendment to the development agreement.
Public Comment
Mr. Bill Patterson, 813 Elm Court, representing the Marco Island Civic Association, expressed concern about how this could happen.
Mr. Herb Savage, 816 Elkcam Circle, requested that Council consider the residents when deciding issues regarding the use of the waterfront.
MOTION by Councilwoman Kelber to CONTINUE THE HEARING TO THE DECEMBER 1, 2003 MEETING. Second by Councilman Arceri. Motion carried 6-0.
(A) ORDINANCE – First Reading – An Ordinance Establishing Rate, Fees and Charges for Customers of the Water and Wastewater Utility within the City of Marco Island and the Urban Service Area.
(Editorial History: At the City Council meeting of September 3rd, Council discussed the proposed rate ordinance that establishes water and sewer rates for utility operations acquired from Florida Water. At that meeting, City Council affirmed the recommendation that rates and charges would be identical to those charged by Florida Water and would not include the ½ percent adjustment to the regulatory fee approved by the Collier County Utility Commission in September.
Mr. Moss read, by title only, the Ordinance Establishing Rate, Fees and Charges for Customers of the Water and Wastewater Utility within the City of Marco Island and the Urban Service Area. There was no public comment.
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MOTION by Councilman Boyce to ADOPT ON FIRST READING THE ORDINANCE ESTABLISHING RATES, FEES AND CHARGES FOR CUSTOMERS OF THE WATER AND WASTEWATER UTILITY WITHIN THE CITY OF MARCO ISLAND AND THE URBAN SERVICE AREA, AMENDED TO ELIMINATE “INDEXING”. Second by Councilwoman Kelber. Motion carried 6-0.
(B) RESOLUTION – Public Hearing – Petition V-03-10, Jamie B. Greusel, Esq., representing French Village Condominium Association is requesting 3.5-foot after-the-fact variance from the required 10-foot setback for an existing carport facility built 6.5-feet from the existing French Village condominium, Marco Island.
(Editorial History: In September of 2000, the French Village Condominium Association received a 10-foot variance from the required 15-foot side yard setback to construct a series of carports along the eastern property line. Presently, these carports have not been developed on-site. The subject petition was not part of that variance request. The Planning Board voted 4-1 to deny Petition V-03-10.)
Mr. Moss read, by title only, the Resolution pertaining to Petition V-03-10. Council members made their ex-parte disclosures. The City Clerk swore in all witnesses.
Representing the Petitioner, Attorney Jamie Gruesel reviewed the Petition and responded to Council’s questions.
Public Comment
Mr. Everett Van Hoesen, Chairman of the Marco Island Planning Board, reviewed the Planning Board’s vote on this matter.
Mr. Herb Savage, 816 Elkcam Circle, stated that he is responsible for this error.
Mr. Bill McMullen, 1250 North Collier Boulevard spoke in favor of not penalizing the home owners for the errors of the contractor.
MOTION by Councilman Boyce to APPROVE PETITION V-03-10. Second by Vice-Chair Tucker. Motion carried 4-2. (Councilman Arceri and Councilwoman DiSciullo opposed.)
(C) RESOLUTION – Public Hearing Supplemental Bond Resolution.
(Editorial History: At the special City Council meeting of September 29th, Council approved the Master Bond Resolution. That resolution detailed the terms and conditions of the issuance of utility revenue bonds.
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The supplemental resolution is specific to the initial issuance of water and sewer revenue bonds to finance the acquisition and initial capital improvements of the water and wastewater system to serve Marco Island and Marco Shores. The resolution includes the specific terms for this bond issue, including requirements from MBIA, the insurer of the bonds.)
Mr. Moss read, by title only, the Supplemental Bond Resolution. Mr. Randy Hanna of the firm Bryant, Miller & Olive updated Council on the next steps in the process of issuing the bonds.
Public Comment
Mr. Bob Petersen, 1721 Marco Court stated that he believed that a competition sale of the bonds should be held.
MOTION by Councilman Arceri to APPROVE THE SUPPLEMENTAL BOND RESOLUTION CORRECTING THE REFERENCES TO THE UTILITY SYSTEM AS THE “MARCO ISLAND SYSTEM”. Second by Councilwoman Kelber. Motion carried 6-0.
Recess: 7:35 p.m. to 7:47 p.m. It is noted for the record that the same council members were present when the meeting reconvened.
(D) RESOLUTION - A Resolution Urging the State to Establish an Erosion Control Line for a portion of the Hideaway Beach Shoreline.
(Editorial History: There is currently a 0.87 mile gap in the State established Erosion Control Line along the Hideaway Beach shoreline. In order to facilitate future renourishment projects in the Hideaway Beach area a complete Erosion Control Line needs to be established. The State entity responsible for establishing the ECL is the Trustees of the Internal Improvement Trust Fund (TIITF). Their involvement and action is necessary to delineate the boundary between the upland properties and State-owned submerged land from the southern limits of the Hideaway Beach Erosion control project to the entrance to Collier Bay, which are not presently included in the existing FDEP erosion control line file.)
Mr. Moss read, by title only, the Resolution Urging the State to Establish an Erosion Control Line for a Portion of the Hideaway Beach Shoreline.
MOTION by Vice-Chair Tucker to APPROVE THE RESOLUTION URGING THE STATE TO ESTABLISH AN EROSION CONTROL LINE FOR A PROTION OF THE HIDEAWAY BEACH SHORELINE. Second by Councilman Boyce. Motion carried 6-0.
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(E) DISCUSSION – Public Hearing – Approval of Contract to Purchase Approximately 6.848 Acres Located on West Elkcam Circle, Further Described as Parts of Blocks 796 and 798, of the Replat of Tract A of Marco Beach Unit Six, More Commonly Referred to as the “Glon Property”.
(Editorial History: This public hearing has been scheduled to consider the purchase of 12 lots totaling 6.85 acres collectively referred to as the “Glon Property”. The subject property is located along East Elkcam Circle and Lambert Drive, with three lots on the Rio Waterway.)
Public Comment
Mr. Richard Robinson, 218 Angler Court, spoke against purchasing the property.
Mr. Bill Patterson, representing the Marco Island Civic Association, questioned the language of the referendum.
Ms. Lois Bradford, 837 North Barfield Drive, feels that the property is not large enough.
Mr. Herb Savage, 816 Elkcam Circle, expressed his belief that staff should approach every civic group to garner support for this purchase.
Mr. Phil Kostelnik, 121 Channel Court, feels that the money should be spent on drainage rather than the purchase of the property.
Dr. Fay Biles, 1588 Heights Court, questioned the sales price of the parcel.
Mr. Craig Woodward, Attorney for the Seller, reviewed the changes in the sales contract and agreed to a delay of referendum date, if necessary.
MOTION by Vice-Chair Tucker to AUTHORIZE THE CITY MANAGER TO ACQUIRE THE GLON PROPERTY, SUBJECT TO VOTER APPROVAL AT A REFERENDUM TO BE HELD NO LATER THAN DECEMBER 9, 2003. Second by Chairman Minozzi. Motion carried 5-0. (Councilwoman DiSciullo abstained.)
(G) DISCUSSION – Increase in Employee Health Insurance Rates.
(Editorial History: City employees are provided a fringe benefit allowance from which they may elect to purchase a “cafeteria of benefits” made available to them through the City, such as deferred compensation retirement, health and dental insurance, disability insurance, etc. Unfortunately, health-care costs continue to rise at a rate that exceeds the benefit allowance for many employees.)
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MOTION by Vice-Chair Tucker to ALLOCATE THE INCREASE IN HEALTH CARE PREMIUMS TO THE GENERAL FUND. Second by Councilwoman DiSciullo. Motion carried 6-0.
(H) DISCUSSION – Award of Contract for Utility Vehicles.
(Editorial History: Almost all of the vehicles used by Florida Water in their Marco Island and Marco Shores utility systems are on lease. FWS has not been upgrading their fleet for the past several years ,knowing that the utility was for sale. Given the age and high mileage on the vehicles, the City declined the option to purchase the vehicles from the leasing company.)
MOTION by Councilwoman Kelber to AWARD THE CONTRACT TO TAMIAMI FORD FOR 23 VEHICLES FOR $604,756. Second by Councilman Boyce. Motion carried 6-0.
MOTION by Councilman Arceri to SUSPEND THE 9:00 RULE. Second by Councilman Boyce. Motion carried 6-0.
(I) DISCUSSION – Utility Engineering Services.
(Editorial History: With the pending acquisition of the Marco Island/Marco Shores Utility Systems the City will need professional engineering services for general operations and capital projects. Requests for Proposals were prepared and advertised for two specific services. Professional Engineering Services are required to be secured in accordance with Florida Statutes 287.055. Staff has received qualification proposals for the two services sought.)
MOTION by Councilman Boyce to 1) SELECT MONTGOMERY WATSON HARZA AS THE QUALIFIED FIRM FOR THE DEVELOPMENT OF A UTILITY MASTER PLAN, AND 2) SELECT MONTGOMERY WATSON HARZA; BOYLE ENGINEERING CORPORATION; HAZEN AND SAWYER; AND CAMP DRESSER & MCKEE FOR ENGINEERING CONSULTING SERVICES FOR UTILITY PLANTS, PIPELINES, ASSOCIATED FACILITIES AND RELATED FUNCTIONS. Second by Councilwoman Kelber. Motion carried 6-0.
COUNCIL COMMUNICATIONS
Councilwoman Kelber complimented the Police and Fire-Rescue Departments for their efforts during the recent heavy rains.
Councilwoman Kelber announced that the “Friends of Tigertail” will host an event called Discover Tigertail on Saturday, October 11.
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Councilwoman DiSciullo stated that she had received a letter from Diane Bostick regarding telephone books being left at homes with no one in residence.
Councilman Arceri commented that Marco Island sea walls are maintained better than Punta Gorda’s and stated that grass growing in front of South Seas Condominium needs to be addressed.
FUTURE AGENDA
There were no requests for items to be placed on a future agenda.
PUBLIC COMMENT
Mr. Joe Oliveria, 287 Meadowlark Court, requested that Council consider reviewing the parking situation for small businesses.
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
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PREPARED BY:
Susan Patton, Council Secretary
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