THE CITY OF MARCO ISLAND
MINUTES
City Council Meeting – October 20, 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
Bill Harrison, Finance Director
Vladimir Ryziw, Public Works Director
Mike Murphy, Fire Chief
Roger Reinke, Police Chief
Laura Litzan, City Clerk
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 7-0.
APPROVAL OF MINUTES
(A) September 29, 2003 Special-Called Meeting and Workshop.
MOTION by Councilwoman Kelber to APPROVE THE MINUTES FOR THE SEPTEMBER 29, 2003 (SPECIAL-CALLED MEETING AND WORKSHOP). Second by Councilman Boyce. Motion carried 7-0.
(B) October 6, 2003 Regular Meeting.
MOTION by Councilwoman Kelber to APPROVE THE MINUTES FOR OCTOBER 6, 2003. Second by Councilman Boyce. Motion carried 7-0.
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PRESENTATIONS
(A) Employee Longevity Service Awards.
City Manager Bill Moss presented longevity awards to Deputy Chief / Fire Marshall John Burback and Division Chief Chris Byrne in honor of their twenty years of service to the City of Marco Island.
BUSINESS
(A) ORDINANCE – Second Reading and Public Hearing – An 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.
(Editorial History: At the City Council meeting of October 6, Council approved the Water and Sewer Rate Ordinance on first reading. For second reading, Section 2 of the ordinance, Annual Rate Adjustment by Index, has been re-written so that the ordinance language is consistent with the rate language and revenue assumptions used in the Preliminary Official Statement for the bond issue used for the utility acquisition.)
Mr. Moss read, by title only, 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. There was no public comment.
MOTION by Councilman Boyce to ADOPT ON SECOND 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. Second by Councilwoman DiSciullo. Motion carried 7-0.
(B) ORDINANCE – First Reading – An Ordinance Establishing Regulations and Procedures for the Operation of a Water and Wastewater Utility.
(Editorial History: Acquisition of the Florida Water Services assets serving Marco Island/Marco Shores is expected to be finalized on November 6, 2003. To operate a utility, City Council should adopt an ordinance setting forth regulations and procedures for customers within the “Urban Service Area.” For consideration on first reading is an ordinance that establishes the regulations and procedures.)
Mr. Moss read, by title only, the Ordinance Establishing Regulations and Procedures for the Operation of a Water and Wastewater Utility.
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Public Comment
Mr. Kjell Pettersen, 350 Rockhill Court, congratulated the City Manager, City Council and staff for negotiating a favorable deal for the citizens of Marco Island.
Mr. Jack Patterson, 860 Panama Court, representing the Citizens for a Better Marco, also congratulated Council on a job well done.
MOTION by Vice-Chair Tucker to ADOPT ON FIRST READING THE ORDINANCE ESTABLISHING REGULATIONS AND PROCEDURES FOR THE OPERATION OF A WATER AND WASTEWATER UTILITY. Second by Councilwoman Kelber. Motion carried 7-0.
(C) RESOLUTION – Public Hearing (continued from the meeting of September 29, 2003) – Petition BCV-03-01, Ashley Lupo, Esquire, as agent for Patricia Frates, d/b/a Island Storage, requesting after-the-fact from the minimum 7.6 headroom requirement for property located at 994 N. Barfield Drive, Unit 23 of the Island Industrial Park, Marco Island.
(Editorial History: Ashley Lupo, Esq., as agent for petitioner Patricia Frates, d/b/a Island Storage, is requesting a variance to the minimum headroom height requirements of the Florida Building Code, for two existing egress corridors within the petitioner’s unit.)
Mr. Moss read, by title only, the Resolution relating to Petition BCV-03-01. All council members made their ex-parte disclosures. The City Clerk swore in all witnesses.
Representing the Petitioner, Ashley Lupo, Esq. reviewed the Petition and responded to Council’s questions. There was no public comment.
MOTION by Vice-Chair Tucker to APPROVE PETITION BCV-03-01. Second by Councilman Boyce. Motion carried 7-0.
(E) RESOLUTION – Public Hearing – Petition OSP-03-02 - London Bay Homes, Inc. is requesting approval of 40 off-site parking spaces to serve London Bay Homes, Inc. during the remainder of the construction of the Bates residence located on the corner of South Barfield Drive and Barfield Court.
(Editorial History: London Bay Homes, Inc., is requesting approval of 40 off-site parking spaces to serve London Bay Homes, Inc. during the remainder of the construction of the Bates residence. The off-site parking lot is located on the corner of South Barfield Drive and Barfield Court, and is two lots east of the subject construction site. London Bay Homes, Inc. is requesting off-site parking on the subject site through July 1, 2004.)
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Mr. Moss read, by title only, the Resolution relating to Petition OSP-03-02. All council members made their ex-parte disclosures. The City Clerk swore in all witnesses.
Mr. Ed Sanders, Project Manager for London Bay Homes, reviewed the Petition and responded to Council’s questions.
Public Comment
Dr. Fay Biles, 1588 Heights Court, spoke on behalf of the neighbor across the street, commenting that the construction traffic is damaging the swales.
MOTION by Councilman Arceri to APPROVE PETITION OSP-03-02, AMENDED TO PROHIBIT SWALE PARKING BY THE PETITIONER AND THEIR ASSIGNS. Second by Councilwoman DiSciullo. Motion carried 6-1. (Vice-Chair Tucker opposed.)
(F) RESOLUTION – A Resolution Requesting Florida Department of Environmental Protection Funding Support for the South Marco Island Beach Renourishment Project in the FY 2004/2005 Legislative Budget.
(Editorial History: The resolution is sought to express City Council’s support for the inclusion of the South Marco Island Beach renourishment project in the funding request made by the Florida Department of Environmental Protection.)
Mr. Moss read, by title only, the Resolution Requesting FDEP funding support for the South Marco Island Beach renourishment project in the Fiscal Year 2004/2005 Legislative Budget. There was no public comment.
MOTION by Councilman Boyce to APPROVE THE RESOLUTION REQUESTING FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FUNDING SUPPORT FOR THE SOUTH MARCO ISLAND BEACH RENOURISHMENT PROJECT IN THE FISCAL 2004/2005 LEGISLATIVE BUDGET. Second by Councilwoman Kelber. Motion carried 7-0.
(D) RESOLUTION – A Resolution Authorizing the Purchase of the Glon Property and Calling for a Bond Referendum.
(Editorial History: On September 15, 2003 the City Council approved Resolution 03-48, authorizing the acquisition of the Glon Property and calling for a public referendum on November 18, 2003 on the issuance of not to exceed $10 million in General Obligation Bonds to finance the acquisition. Subsequent to that vote, City Council expressed concern over the ballot language and directed that the City’s Bond Counsel revise the language to stress the acquisition of the property rather than the issuance of bonds.)
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Mr. Moss read, by title only, the Resolution Authorizing the Purchase of the Glon Property and Calling for a Bond Referendum. Councilwoman DiSciullo reminded Council that she will again abstain from voting on this matter due to her previously disclosed conflict of interest.
Public Comment
Dr. Fay Biles, 1588 Heights Court, commented that the Supervisor of Elections states that this is a Bond Referendum.
MOTION by Vice-Chair Tucker to DIRECT THE CITY MANAGER AND STAFF TO CONFER WITH BOND COUNSEL TO DETERMINE WHETHER “AND/OR” CAN BE SUBSTITUTED FOR “AND” AND TO DETERMINE WHETHER THE ANSWER CAN BE MODIFIED TO STATE “YES” FOR ACCQUISITION AND BONDS OR “NO” FOR ACQUISITION AND BONDS. Second by Councilman Boyce. Motion carried 6-0. (Councilwoman DiSciullo abstained.)
MOTION by Vice-Chair Tucker to APPROVE THE RESOLUTION AUTHORIZING THE PURCHASE OF THE GLON PROPERTY AND CALLING FOR A BOND REFERENDUM. Second by Councilman Arceri. Motion carried 6-0. (Councilwoman DiSciullo abstained.)
Recess: 7:43 p.m. to 7:58 p.m. It is noted for the record that the same council members were present when the meeting reconvened.
(G) DISCUSSION – Collier Creek Dredging Project Disposal Site Alternatives.
(Editorial History: On July 21, 2003 City Council elected not to proceed with the Collier Creek Dredging Project utilizing Tract K as a disposal site and directed staff to evaluate other alternatives and cost impacts with the condition that dredged soils not be disposed in residential areas of the City. The City’s consultant has concluded an evaluation of six (additional) alternative sites and recommends that in-water disposal be pursued for permitting and construction.)
Mr. Michael Poff of Coastal Engineering Consultants reviewed the alternative options and responded to Council’s questions and concerns.
Public Comment
Mr. Steve Linsenmeyer, 750 West Elkcam Circle, questioned whether taxpayers should pay for four or five boats to have better ingress and egress.
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Mr. Preston Mottram, 1260 Aruba Court and member of the Waterways Advisory Committee, expressed concern regarding the increasing cost of this project. He explained the Committee’s rationale in recommending that both the Sand Dollar Island and the Hideaway Beach alternatives be permitted.
MOTION by Councilman Boyce to APPROVE HIDEAWAY BEACH AS THE DREDGE DISPOSAL SITE ALTERNATIVE FOR THE COLLIER CREEK DREDGING PROJECT. Second by Vice-Chair Tucker. Motion carried 6-1. (Councilman Arceri opposed.)
(H) DISCUSSION – Award of Contract for Roadway Beautification and Grounds Maintenance.
(Editorial History: Landscape maintenance responsibilities and replanting of landscape improvements along City roadways and bridges are outsourced to local contractors under a three-year continuing annual contract. Commercial Land Maintenance, Inc., submitted the lowest and most responsive bid.)
MOTION by Councilman Boyce to AWARD THE CONTRACT TO COMMERCIAL LAND MAINTENANCE, INC. AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE CONTRACT FOR THE FINAL TERM IN THE AMOUNT OF $318,261.60 AND SUBSEQUENT ANNUAL RENEWALS THEREAFTER. Second by Councilwoman DiSciullo. Motion carried 7-0.
(I) DISCUSSION – Award of Contract for Annual Professional Engineering Services.
(Editorial History: Engineering design and environmental permitting services for capital improvement projects have been typically provided by regional consulting engineering firms under continuing service contracts. For the past three years, the City has obtained general civil engineering services from five contracted firms. A staff Consultant Selection Committee evaluated and rated each proposal document based on specific grading criteria.)
MOTION by Vice-Chair Tucker to AWARD THE CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES TO: 1) KIMLEY-HORN & ASSOCIATES, INC.; 2) AIM ENGINEERING & SURVEYING, INC.; 3) TAMPA BAY ENGINEERING, INC.; 4) CAMP DRESSER & MCKEE, INC.; 5) COASTAL ENGINEERING, INC.; 6) PITMAN-HARTENSTEIN & ASSOCIATES, INC.; AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENTS. Second by Councilman Boyce. Motion carried 7-0.
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(J) DISCUSSION – Award of Supplemental Contract for North & South Collier
Boulevard Utility Design Services.
(Editorial History: Provisions for accommodating public and private utilities within the North Collier Boulevard (San Marco Road to Buttonwood Court) and South Collier Boulevard (Winterberry Drive to San Marco Road) improvement corridors are underway as part of the roadway design process. Such provisions include the planning and budgeting of engineering designs and construction of utility relocation and betterment work by various utility owners. Concurrently with the City’s recent acquisition of utilities owned by Florida Water Services, staff has planned a two phase utility sub-project to address long term public needs for water and sanitary sewer infrastructure within the Collier Boulevard 100 foot right-of-way.)
MOTION by Councilwoman DiSciullo to APPROVE THE $177,720 UTILITY ENGINEERING FEE FOR NORTH COLLIER BOULEVARD WITH TINDALE OLIVER AND ASSOCIATES, INC.; AND APPROVE THE $98,261 UTILITY ENGINEERING FEES FOR SOUTH COLLIER BOULEVARD WITH KIMLEY-HORN AND ASSOCIATES, INC.; AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE SUPPLEMENTAL AGREEMENT. Second by Councilman Boyce. Motion carried 6-0. (Councilman Boyce was absent for the vote.)
(K) DISCUSSION – Award of Supplemental Contract for South Collier Boulevard Drainage Design Services.
(Editorial History: As part of the five year Capital Improvement Program through fiscal year 2008, City Council authorized two stormwater drainage projects along the South Collier Boulevard improvement corridor between San Marco Road and Winterberry Drive.)
MOTION by Councilwoman Kelber to APPROVE $131,255 DESIGN FEE WITH KIMLEY-HORN AND ASSOCIATES, INC. AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE SUPPLEMENTAL AGREEMENT. Second by Councilwoman Patterson. Motion carried 6-0. (Councilman Boyce was absent for the vote.)
(L) DISCUSSION – South Collier Boulevard Improvements – LCEC Overhead
Power Facilities.
(Editorial History: LCEC has advised provided the City with initial cost estimates for converting existing overhead power lines to an underground installation for the South Collier Boulevard Improvement Project. It is common practice for electrical power service providers to charge a fee for preparation of a detailed budget or construction estimate.)
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MOTION by Councilman Arceri to DIRECT THE CITY MANAGER TO ADVANCE LEE COUNTY ELECTRIC COOPERATIVE THE $5,000 FOR PRELIMINARY ENGINEERING DESIGN DRAWINGS. Second by Councilman Boyce. Motion carried 7-0.
COUNCIL COMMUNICATIONS
Vice-Chair Tucker urged staff to find a resolution to the problem regarding the ham radio tower.
Councilwoman DiSciullo questioned what information staff has regarding the Collier County Board of Education’s plans for building a school on Tract K. Both
Greg Niles and Planning Board member Monte Lazarus responded to her inquiry.
Councilman Arceri called Council’s attention to a letter to the Board of Collier County Commissioners explaining why he resigned from the Coastal Advisory Committee. He recommends that staff prepare options for Council’s future deliberations on acquiring TDC funds.
FUTURE AGENDA
There were no requests for items to be placed on a future agenda.
PUBLIC COMMENT
Mr. Monte Lazarus, 222 Waterway Court, advised Council that Mr. Kahn is willing to relocate the tower in order to settle the matter.
Dr. Fay Biles, 1588 Heights Court, questioned whether a business plan is being developed for the new water utility.
ADJOURN
There being no further business to come before Council, the meeting adjourned at 10:22 p.m.
(signature page to follow)
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Michael F. Minozzi Jr., Council Chairman
Date:
ATTEST:
Laura Litzan, City Clerk
Date:
PREPARED BY:
Susan Patton, Council Secretary
Date:
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