THE CITY OF MARCO ISLAND
MINUTES
City Council Meeting – November 10, 2003 – 5:00 p.m.
Chairman Minozzi called the meeting to order and presided.
ROLL CALL
All Present (Councilwoman Patterson arrived at 5:10)
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
Dana Souza, Parks and Recreation Director
Mike Murphy, Fire Chief
Roger Reinke, Police Chief
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 Councilman Arceri to APPROVE THE AGENDA. Second by Councilwoman Kelber. Motion carried 6-0.
APPROVAL OF MINUTES
(A) October 20, 2003 Regular Meeting.
MOTION by Councilwoman Kelber to APPROVE THE MINUTES FOR THE OCTOBER 20, 2003 REGULAR MEETING. Second by Councilman Boyce. Motion carried 6-0.
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PRESENTATIONS
Chairman Minozzi announced that the citizens of Marco Island are now the proud owners of their own water utility. He thanked the community for its support and recognized those individuals whose efforts made this momentous event possible.
(A) Employee Longevity Service Awards.
In recognition of their years of service the City Manager presented longevity awards to the following employees:
Five years of service-
Tom Ciranna, Public Works
Al Compton, Building Department
Mary Husted, Fire/Rescue Department
Lee Loewer, Building Department
Greg Niles, Community Development
Susie Schultz, Utility Department
Kelly Smith, Community Development
Fifteen years of service-
Paul MacMillian, Fire/Rescue
(Ed. Note: The following employees were not present to receive their longevity awards for five years of service: Eve Ayling, Racquet Center; Margrit Cotton, Racquet Center; Phyllis Kirkpatrick, Racquet Center; Michelle McDonald, Racquet Center; and Nancy Paton, Community Development.)
(B) Proclamation – Retirement of K-9 Police Officer Samson
(Editorial History: On August 23, 1999, K-9 Samson, and his partner, Hector Diaz, began working for the City of Marco Island. Samson came to Marco Island from the Jacksonville area with over 1500 hours of K-9 Patrol and Narcotics Detection Training. Over the last four years, Samson has followed the tracks of criminals and sniffed out illegal drugs in our City; was featured on the nationally televised CBS Early Show; and was a friend to students at Tommie Barfield Elementary School, the Marco Island Charter Middle School, the Boy Scouts, and many other children. Samson has announced his retirement from the Marco Island Police Department at the age of eight.)
On behalf of City Council, City Manager Moss and Chairman Minozzi presented a proclamation to K-9 Officer Samson expressing the City’s appreciation for his years of service.
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BUSINESS
(A) DISCUSSION – Beach Policy.
(Editorial History: Two County advisory committees, the Coastal Advisory Committee (CAC) and the Tourist Development Council (TDC), developed a policy for funding beach renourishment and maintenance. Their final policy incorporated several new factors that would assure that limited resources would be spent where the need for beach renourishment and maintenance was most critical. Funding was tied to the amount of public access, the level of beach use, the rate of erosion, as well as the impact of the loss of a given beach segment on adjacent beaches. The policy was approved by both committees by a vote of 15-1 and submitted to the County Commission on October 14 for approval. The Commission, by a vote of 3-2, rejected the policy and ordered
their staff to return with another policy that would place priority on using these funds for acquiring beach access property rather than maintenance).
Public Comment
Ms. Phyllis Marco, 4000 Royal Marco Way, requested that City Council work with the City of Naples to gain control of TDC funds.
Mr. Jim Snediker, Chairman of the Marco Island Beach Advisory Committee, advised Council to set up a Marco Island CAC to be kept separate from the Beach Advisory Committee.
Dr. Fay Biles, representing the Marco Island Taxpayers Association, suggested that the County is retaliating against Marco Island because of previous statements made by Council that offended County Manager Mudd.
MOTION by Chairman Minozzi to AUTHORIZE THE FORMATION OF AN AD HOC MARCO ISLAND COASTAL ADVISORY COMMITTEE, CHAIRED BY COUNCILMAN ARCERI, FOR THE PURPOSE OF GAINING CONTROL OF TDC FUNDS FOR USE ON MARCO ISLAND BEACHES BY CREATING AN INTERLOCAL AGREEMENT WITH COLLIER COUNTY, OR OTHER SUCH INITIATIVES, INCLUDING STATE MANDATES. Second by Councilwoman DiSciullo. Motion carried 7-0.
MOTION by Councilman Arceri to AUTHORIZE CHAIRMAN MINOZZI TO SEND A LETTER TO THE BOARD OF COUNTY COMMISSIONERS OBJECTING TO ITS REFUSAL TO HEED THE COASTAL ADVISORY COMMITTEE’S RECOMMENDATIONS REGARDING TDC FUNDING FOR MARCO ISLAND BEACHES. Second by Councilwoman Kelber. Motion carried 7-0.
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(B) DISCUSSION – Business Plan for Water and Wastewater Utility
(Editorial History: On August 20, 2003 Councilman Arceri recommended that a business plan with specific goals for the newly acquired water and wastewater utility should be developed. The purpose of a business plan is to allow the City to assess citizen (customer) needs and expectations through the utility business.
The Business Plan should focus time and energy to specific goals with defined timetables so that the citizens will know when decisions will be made and how citizens may participate in the decision making process. The business plan is integrated with a proposed Utility Master Plan negotiated with MWH Americas, Inc.)
Following discussion, Council agreed to proceed with the development of a Business Plan for the water and wastewater utility.
Recess: 6:25 p.m. to 6:40 p.m. It is noted for the record that the same council members were present when the meeting reconvened.
(C) DISCUSSION – Award of Contract for Utility Master Plan
(Editorial History: On October 6, 2003 City Council selected MWH Americas, Inc. as the most qualified firm for the development of a Utility Master Plan. Following that action, a Scope of Services for the Utility Master Plan was developed with associated costs of $766,758 for 30 separate tasks. While substantial in cost, the thorough evaluation and analysis of the water, wastewater, and reuse system will determine how to best allocate the $35 million CIP to ensure prudent allocation of the investment. The analysis and report will allow City Council to select the best utility policies for
the future of Marco Island among many alternatives.)
Mr. John Darmody of MWH Americas, Inc. reviewed elements of a Utility Master Plan and responded to Council’s questions.
MOTION by Councilwoman DiSciullo to AWARD THE CONTRACT TO MWH AMERICAS, INC. FOR THE DEVELOPMENT OF A UTILITY MASTER PLAN AS PRESENTED. Second by Councilwoman Kelber. Motion carried 7-0.
(D) DISCUSSION – Final Design Approval for South Collier Boulevard.
(Editorial History: On September 29, 2003 City Council reviewed and discussed a series of Design Development Alternatives for South Collier Boulevard as presented in a workbook of conceptual drawings. The Design Alternatives were subsequently presented to citizens for review and commenting on October 27, 2003 in a Community Information Workshop at Mackle Park.)
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Mr. Bill Waddel of Kimley Horn Associates, Inc., summarized public input provided at the last Public Information Workshop and responded to Council’s questions.
Public Comment
Mr. Bob Dictor, General Manager Marco Island Marriott, expressed concern that wider sidewalks could cause safety issues with bicycle traffic and noted that 8’ sidewalks are his preference.
Mr. Herb Savage, 816 West Elkcam Circle, spoke in favor of considering the needs of the hotels and installing 8’ sidewalks on both sides of the road.
Ms. Vivian Hearn, Beachview Condominium, spoke in favor of smaller sidewalks.
MOTION by Chairman Minozzi to APPROVE TYPICAL SECTION C FOR FINAL DESIGN, AND AUTHORIZE STAFF TO PROCEED WITH IMPLEMENTATION OF PEDESTRIAN CROSSWALK AND ASSESS MANAGEMENT CONCEPTS CONDITIONED ON ADDITIONAL PUBLIC INVOLVEMENT ACTIVITIES PRIOR TO CONSTRUCTION. Second by Councilwoman DiSciullo. Motion carried 5-2. (Vice-Chair Tucker and Councilman Arceri opposed.)
(E) DISCUSSION – Budget Amendment – Utility Services
(Editorial History: The acquisition of the water and wastewater operations of Florida Water for the Marco Island/Marco Shores System was effective on November 6th. A total budget for the eleven months remaining in fiscal year 2004 of $118,927,547 is being proposed. That amount consists of the sources and uses of the bond issue in the amount of $102,791,300 and an operating budged prorated for 11 months of $16,136,247. The operating budget for the utility has been developed by using a combination of resources from Public Resources Management Group, our financial consultant, budget and expenditure data received from Florida Water, and the work of our staff.)
MOTION by Councilwoman Kelber to APPROVE THE BUDGET AMENDMENT FOR THE ACQUISITION AND OPERATION OF WATER AND WASTEWATER SERVICES. Second by Councilman Arceri. Motion carried 7-0.
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(F) DISCUSSION – Budget Amendment – Capital Expenditures Carried Forward
(Editorial History: Section 4 of Ordinance 02-26 states: “Capital expenditures budgeted in a prior fiscal year, but unexpended as of the end of that fiscal year, may be brought forward into a subsequent fiscal year and those expenditures shall not be considered in the calculation of expenditures of that subsequent fiscal year against the Spending Cap.”)
MOTION by Councilman Boyce to APPROVE THE BUDGET AMENDMENT FOR CAPITAL EXPENDITURES CARRIED FORWARD. Second by Councilwoman DiSciullo. Motion carried 7-0.
(G) ORDINANCE – Second Reading & Public Hearing – An Ordinance Establishing Regulations and Procedures for the Operation of a Water and Wastewater Utility.
(Editorial History: As of November 6, 2003 the City of Marco Island acquired the assets of Florida Water Services and assumed responsibility for the Marco Island/Marco Shores Utility System. To operate a utility, City Council should adopt an ordinance setting forth regulations and procedures for customers within the “Urban Service Area”. An ordinance was considered and adopted on first reading on October 20, 2003.)
Mr. Moss read, by title only, the Ordinance Establishing Regulations and Procedures for the Operation of a Water and Wastewater Utility. There was no public comment.
MOTION by Councilman Boyce to ADOPT ON SECOND READING THE ORDINANCE ESTABLISHING REGULATIONS AND PROCEDURES FOR THE OPERATION OF A WATER AND WASTEWATER UTILITY. Second by Councilman Arceri. Motion carried 7-0.
(H) ORDINANCE – First Reading & Public Hearing – An Ordinance to Amend the Adopted Comprehensive Plan by Amending the Future Land Use Map.
(Editorial History: The proposed amendments to the Future Land Use Map are related to the Future Land Use (FLUE) and Capital Improvement Elements (CIE), and include proposed map changes, new and revised policy statements, a new capital improvement schedule, and general narrative updates.)
Community Development Director Greg Niles read, by title only, the Ordinance to Amend the Adopted Comprehensive Plan by Amending the Future Land Use Map.
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Public Comment
Ms. Phyllis Marco, 4000 Royal Marco Way, representing the Marco Island Civic Association, expressed opposition to the rezoning of Moran’s Barge Marina.
Ms. Connie Fullmer, President of Goodland Preservation Coalition, expressed opposition to the approval of the large scale amendment that allows rezoning of Moran’s Barge property. Later she commented that by moving density you create the potential for higher intensities.
Attorney Bill Morris, representing Mr. Tom Lydon and Ms. Maureen Moran, requested that Council vote in favor of the large scale comprehensive plan amendment as presented.
Mr. Bob Mulhere, representing Mr. Tom Lydon, spoke in favor of the large scale comprehensive plan amendment. Later he stated his objection to comments about an illegal ordinance.
Mr. Herb Savage, 816 West Elkcam Circle, reminded Council that the Mackle Brothers gave the ½ acre to the previous property owner because of the Goodland Bridge access.
Mr. Tom Collins, Goodland resident, spoke in favor of the amendment and provided Council with his drawing of what the improvements proposed for Moran’s Barge would look like.
Mr. Sal Scrianno, 911 Montego Court, expressed his belief that the development of Moran’s Barge would be an improvement to the Goodland Bridge entrance to the Island.
Mr. Steve Stefandies, 1103 S. Collier Boulevard, expressed concern that rezoning that will allow for the redevelopment and tear down of the older area which will increase the density and congestion.
Mr. Vince McGee, 165 Kirkwood Drive, expressed his support for Moran’s Barge redevelopment.
Mr. Edward Fullmer, 584 Coconut Avenue, Goodland, spoke in opposition to building outside the building code and would like the motion defeated.
MOTION by Councilman Boyce to APPROVE THE EIGHT (8) PROPOSED FUTURE LAND USE MAP AMENDMENTS. Second by Vice-Chair Tucker. Motion carried 4-3. (Chairman Minozzi, Councilwoman DiSciullo, and Councilwoman Kelber opposed.)
MOTION by Vice-Chair Tucker to SUSPEND THE 9:00 P.M. RULE. Second by Councilman Boyce. Motion carried 7-0.
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MOTION by Councilman Boyce to APPROVE POLICY 1.1.2.1. Second by Councilwoman DiSciullo. Motion carried 7-0.
MOTION by Councilwoman DiSciullo to APPROVE POLICY 1.1.2.2, STRIKING “OTHER THAN BEACHES” LANGUAGE. Second by Councilwoman Kelber. Motion carried 7-0.
MOTION by Councilwoman Kelber to APPROVE POLICY 1.1.2.3, STRIKING “OTHER THAN BEACHES” LANGUAGE. Second by Councilwoman DiSciullo. Motion carried 7-0.
MOTION by Councilman Boyce to APPROVE POLICY 1.1.1. Second by Councilman Arceri. Motion carried 7-0.
MOTION by Councilwoman Kelber to APPROVE POLICY 1.1.2.4. Second by Councilman Boyce. Motion carried 7-0.
MOTION by Councilwoman Kelber to APPROVE POLICY 1.1.7.1. Second by Councilman Boyce. Motion carried 7-0.
Recess: 9:22 p.m. to 9:35 p.m. It is noted for the record that the same council members were present when the meeting reconvened.
MOTION by Councilman Boyce to APPROVE ALL OTHER MINOR CHANGES, CLARIFICATIONS, AND DELETIONS PRESENTED. Second by Councilwoman Kelber. Motion carried 7-0.
MOTION by Councilman Boyce to APPROVE THE CAPITAL IMPROVEMENT ELEMENT. Second by Councilwoman Patterson. Motion carried 7-0.
MOTION by Councilwoman Patterson to APPROVE THE AMENDMENT TO THE GOP’S. Second by Councilman Boyce. Motion carried 7-0.
MOTION by Councilman Arceri to APPROVE THE NARRATIVE UPDATES. Second by Councilman Boyce. Motion carried 7-0.
MOTION by Councilman Boyce to ADOPT ON FIRST READING THE ORDINANCE TO AMEND THE ADOPTED CITY OF MARCO ISLAND COMPREHENSIVE PLAN. Second by Councilwoman Patterson. Motion carried 6-1. (Councilwoman Kelber opposed.)
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(I) RESOLUTION – Public Hearing – Petition OSP-03-03, Stiles-Sowers Construction representing Marco True Value Hardware Store is requesting an off-site parking lot at the northeast corner of North Bahama Avenue and San Marco Road to serve as an off-site parking lot during the construction of the Marco Community Bank and the redevelopment of True Value’s exterior and site amenities.
(Editorial History: Keith Sowers of Stiles-Sowers Construction Company, Inc., is requesting approval of 20 temporary off-site parking to serve the employees of True Value Hardware Store during the construction of the new Marco Community Bank. Construction of the bank will coincide with the redevelopment of True Value’s exterior building façade and site improvements.)
Mr. Moss read, by title only, Petition OSP-03-03. All Council members made their ex-parte disclosures. The City Clerk swore in all witnesses.
Public Comment
Mr. Arnon Joel, 1712 N. Bahama Avenue spoke in oppostion to the petition.
Ms. Retha Holly, 1692 San Marco Road, stated her concern that off-site parking is not necessary and will turn into a nightmare and a future parking lot.
Mr. Herb Savage, 816 West Elkcam Circle, spoke in favor of the future alley improvements.
Mr. Peter Shepard, 1732 N. Bahama Avenue, voiced his opposition to the use of this property for commercial purposes.
MOTION by Councilman Boyce to APPROVE PETITION OSP-03-03, AMENDED TO READ "EMPLOYEE AND CONSTRUCTION VEHICLES PARKING ONLY" AND PROHIBITING SWALE PARKING ON ADJACENT PROPERTIES. Second by Councilwoman DiSciullo. Motion carried 7-0.
(J) RESOLUTION – Support for Two (2) Areas Under Consideration by the Conservation Collier Land Acquisition Program.
(Editorial History: The City of Marco Island has been advised that Collier County has begun the review process for possible purchase of two areas within the City under the Conservation Collier Land Acquisition Program. County code requires that, “Prior to acquiring land within a municipality’s boundaries, approval must first be obtained from the governing body of that municipality.")
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Mr. Moss read, by title only, the Resolution of Support for Two (2) Areas Under Consideration by the Conservation Collier Land Acquisition Program. There was no public comment.
MOTION by Councilwoman Kelber to APPROVE THE RESOLUTION TO ENDORSE AND APPROVE LAND ACQUISITION ACTIVITIES FOR TWO AREAS WITHIN THE CITY OF MARCO ISLAND UNDER THE CONSERVATION COLLIER PROGRAM. Second by Councilwoman DiSciullo. Motion carried 7-0.
(K) RESOLUTION – A Resolution to Adopt the Utilities Department Manual of Standards and Specifications.
(Editorial History: This ordinance authorizes the City Manager to promulgate procedures and regulations relative to the water, wastewater, and reclaimed water system, and that such procedures and regulations shall be provided in the Utilities Department Manual of Standards and Specifications.)
Mr. Moss read, by title only, the Resolution to Adopt the Utilities Department Manual of Standards and Specifications. There was no public comment.
MOTION by Councilwoman Kelber to APPROVE THE RESOLUTION TO ADOPT THE CITY OF MARCO ISLAND UTILITIES DEPARTMENT MANUAL OF STANDARDS AND SPECIFICATIONS. Second by Councilman Arceri. Motion carried 7-0.
(L) DISCUSSION – Parking Code Amendments
(Editorial History: Staff intends to initiate some changes to the City’s parking code to address the parking and overnight storage of commercial vehicles on commercially zoned property. The purpose of these proposed changes is to specify where commercial vehicles can be parked during non-business hours.)
This matter will be brought back before Council at a future meeting in the form of an Ordinance Amendment.
(M) DISCUSSION – San Marco Shared Use Path Land Buffer Purchase.
(Editorial History: As part of the Five Year Capital Improvement Program (CIP), City Council approved funds for design and construction of two Shared Use Path projects south of San Marco Road. These future Shared Use Path improvements and others are envisioned to result in a continuous and interconnected facility along the City’s 24-mile arterial and collector roadway network.)
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MOTION by Councilman Boyce to AUTHORIZE STAFF TO PROCEED WITH NEGOTIATIONS AND TO SCHEDULE THE PUBLIC HEARING. Second by Councilwoman DiSciullo. Motion carried 7-0.
(N) DISCUSSION – Acquisition of Lot on Auburndale Avenue.
(Editorial History: Late last week an important lot along the Racquet Center-Mackle Park-Tracts “C”& “D” pathway was listed for sale. The subject property is Lot 5, Block 295, MB Unit 8, and is a standard 80” x 110” lot fronting upon Auburndale Avenue and backing up to the Water Plant. This property would provide connectivity between Mackle Park/Water Plant and Winterberry Park.)
MOTION by tacit agreement to AUTHORIZE THE CITY MANAGER TO PURSUE THE PROPERTY ACQUISITION AT AN AMOUNT NOT TO EXCEED $155,000. Second by tacit agreement. Motion carried 7-0.
(O) PRESENTATION – Code Enforcement Annual Report.
This item was deferred to the next meeting.
COUNCIL COMMUNICATIONS
Councilwoman DiSciullo commended Parks and Recreation Director Dana Souza for his efforts in establishing the youth sailing program and other new recreation activities.
Council members agreed to attend a tour of the water and wastewater plants at 2:00 p.m. on Friday, November 14, 2003.
FUTURE AGENDA
Councilwoman DiSciullo requested a discussion on drainage issues.
PUBLIC COMMENT
Mr. Roger Parcells, 600 Leland Court, spoke in opposition to Code Enforcement Board activities regarding the tower in the residential neighborhood.
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ADJOURN
There being no further business to come before Council, the meeting adjourned at 10:50 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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