THE CITY OF MARCO ISLAND
MINUTES
City Council Meeting – June 21, 2004 – 6:00 p.m.
Chairwoman DiSciullo called the meeting to order and presided.
ROLL CALL
All present. Vice-Chair Kelber left at 8:30 p.m.
Also Present: A. William Moss, City Manager
Richard Yovanovich, City Attorney
Greg Niles, Community Development Director
Mike Murphy, Fire Chief
Roger Reinke, Police Chief
Dana Souza, Parks and Recreation Director
Bruce Weinstein, Utilities Engineer
Bryan Milk, City Planner
Laura Litzan, City Clerk
Other interested citizens and visitors
INVOCATION AND PLEDGE OF ALLEGIANCE
By: Reverend Ron Biel, Marco Lutheran Church
APPROVAL OF AGENDA
MOTION by Vice-Chair Kelber to APPROVE THE AGENDA, AMENDED TO MOVE ITEM 6(H) TO FOLLOW 6(B). Second by Councilman Tucker. Motion carried 7-0.
APPROVAL OF CONSENT AGENDA
(A) Council Minutes for June 7, 2004 (Special-Called Meeting)
(B) Council Minutes for June 7, 2004 (Regular Meeting)
(C) Council Minutes for June 8, 2004 (CIP Workshop)
(D) Council Minutes for June 10, 2004 (Budget Workshop)
(E) Award of Contract for Utility Design Services – South Collier Boulevard
(F) Amended Award of Contract - ASR Wells
(G) Amended Award of Contract – Auditing Services
(H) Approval of Roadway Functional Classifications
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MOTION by Vice-Chair Kelber to APPROVE AND ADOPT THE CONSENT AGENDA, AMENDED TO REMOVE ITEMS C, D, AND G FROM THE AGENDA. Second by Councilman Tucker. Motion carried 7-0.
MOTION by Councilman Minozzi to APPROVE THE MINUTES FOR THE JUNE 8, 2004 CIP WORKSHOP (ITEM C), AMENDED TO CLARIFY THAT THE MULTI-PURPOSE ROOM WOULD BE USED FOR COUNCIL CHAMBERS. Second by Vice-Chair Kelber. Motion carried 7-0.
MOTION by Councilman Arceri to APPROVE THE MINUTES FROM THE JUNE 10, 2004 BUDGET WORKSHOP (ITEM D), AMENDED TO REMOVE “FIVE-YEAR” IN PARAGRAPH THREE AND TO ADD “AS A MAXIMUM MILLAGE RATE” FOLLOWING 1.586 ON PAGE TWO. Second by Vice-Chair Kelber. Motion carried 7-0.
MOTION by Councilman Arceri to AWARD THE CONTRACT FOR AUDITING SERVICES (ITEM G) TO CPA ASSOCIATES FOR THREE FISCAL YEARS BEGINNING WITH THE FISCAL YEAR ENDING SEPTEMBER 30, 2004. Second by Chairwoman DiSciullo. Motion carried 6-1. (Councilman Minozzi opposed.)
PRESENTATIONS
(A) Employee Longevity Service Awards
On behalf of City Council, the City Manager presented longevity awards to the following employees:
Employees with 5 years of service:
John Goodspeed, Chief of Code Compliance
Angelo Ubertaccio, Public Works Superintendent
Betty Larson, Assistant Permit Clerk (absent)
Nancy Richie, Environmental Specialist (absent)
Employees with 15 years of service:
Jerry Adams, Driver Engineer
Jeff Kutzke, Fire/Rescue Captain (absent)
Employees with 20 years of service:
Ken Alford, Driver Engineer (absent)
Steve Fickling, Driver Engineer (absent)
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BUSINESS
(A) DISCUSSION – Appointments of Boards and Committees.
(Editorial History: On March 1, 2004 City Council adopted Ordinance No. 2004-02, an Ordinance to Amend Chapter 2, Article IV, Boards and Committees. The Code provides that each council member shall reserve the right to recommend the appointment of one member to a board or committee. City Council may accept or reject the recommendation offered by the council member. Furthermore, the Code provides that each member shall be a resident of the City, shall be a registered elector, and shall serve without compensation. The term for members of the Planning Board is two years and shall expire on the first day of June. If a reappointment or replacement is not made prior to or at the expiration of the office the member shall continue to serve until a reappointment or replacement is made.)
The following individuals were nominated for appointment to the Planning Board:
Mr. Everett Van Hoesen nominated by Councilwoman Patterson
Mr. Monte Lazarus nominated by Councilman Minozzi
Mr. Marv Needles nominated by Councilman Tucker
Ms. Charlette Roman nominated Chairwoman DiSciullo
Mr. Charles Hughes nominated by Vice-Chair Kelber
Mr. Bill Patterson nominated by Councilman Trotter
Ms. Paula Compasano-Robinson nominated by Councilman Arceri
MOTION by Councilman Tucker to ACCEPT THE NOMINATIONS AND APPOINT ALL SEVEN NOMINEES TO THE PLANNING BOARD. Second by Councilman Arceri. Motion carried 7-0.
The following individuals were nominated for appointment to the Code Enforcement Board:
Mr. Heyward Boyce nominated by Councilman Arceri (1-year term)
Ms. Beverly Andrews nominated by Chairwoman DiSciullo (2-year term)
Mr. Hans Hoenig nominated by Councilwoman Patterson (2-year term)
Mr. Tarik Ayasun nominated by Councilman Trotter (2-year term)
Mr. Jack Patterson nominated by Councilman Tucker (3-year term)
Mr. Sal Scrianno nominated by Councilman Minozzi (3-year term)
(Ed. Note: Mr. James Kennedy remains on the Board (nominated by Councilwoman Kelber) until June 1, 2005.)
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MOTION by Councilman Tucker to ACCEPT THE NOMINATIONS AND APPOINT ALL SIX NOMINEES TO THE CODE ENFORCEMENT BOARD. Second by Vice-Chair Kelber. Motion carried 7-0.
The following residents were nominated for appointment to the Beach Advisory Committee:
Mr. Steve Ostrow nominated by Councilman Trotter
Ms. Irene Horowitz nominated by Councilwoman Patterson
Ms. Regina Reilley nominated by Vice-Chair Kelber
Mr. Richard Adams nominated by Chairwoman DiSciullo
Mr. James Peterka nominated by Councilman Tucker
Mr. James Snediker nominated by Councilman Minozzi
Ms. Mary Ann Maniace nominated by Councilman Arceri
MOTION by Councilman Tucker to ACCEPT THE NOMINATIONS AND APPOINT ALL SEVEN NOMINEES TO THE BEACH ADVISORY COMMITTEE. Second by Vice-Chair Kelber. Motion carried 7-0.
The following residents were nominated to the Beautification Advisory Committee:
Ms. Mary Ann Kline nominated by Councilman Tucker
Ms. Sandi Johnson nominated by Vice-Chair Kelber
Ms. Sydney Mellinger nominated by Councilman Minozzi
Mr. Richard Tower nominated by Councilman Arceri
Mr. William Tyson nominated by Chairwoman DiSciullo
Ms. Dee Bare nominated by Councilwoman Patterson
Mr. Robert Rosa nominated by Councilman Trotter
MOTION by Vice-Chair Kelber to ACCEPT THE NOMINATIONS AND APPOINT ALL SEVEN NOMINEES TO THE BEAUTIFICATION ADVISORY COMMITTEE. Second by Councilman Tucker. Motion carried 7-0.
The following individuals were nominated to serve on the Parks and Recreation Advisory Committee:
Ms. Carrie Canfield nominated by Councilwoman Patterson
Mr. Gil Mueller nominated by Councilman Trotter
Mr. James Curran nominated by Councilman Minozzi
Ms. Virginia Gibson nominated by Chairwoman DiSciullo
Ms. Cheryl Reinke nominated by Councilman Tucker
Mr. Pat Reese nominated by Councilman Arceri
Ms. Carla Kay Mickes nominated by Vice-Chair Kelber
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MOTION and approval by tacit agreement to ACCEPT THE NOMINATIONS AND APPOINT ALL SEVEN NOMINEES TO THE PARKS AND RECREATION ADVISORY COMMITTEE.
The following residents were nominated to serve on the Waterways Advisory Committee:
Mr. Gale Vinson nominated by Councilwoman Patterson
Mr. Don Henderson nominated by Councilman Trotter
Mr. Kris Helland nominated by Councilman Minozzi
Mr. James Carroll nominated by Chairwoman DiSciullo
Mr. James Mellinger nominated by Councilman Tucker
Mr. Preston Mottram nominated by Councilman Arceri
Mr. Herman Diebler nominated by Vice-Chair Kelber
MOTION by Councilman Tucker to ACCEPT THE NOMINATIONS AND APPOINT ALL SEVEN NOMINEES TO THE WATERWAYS ADVISORY COMMITTEE. Second by Councilman Arceri. Motion carried 7-0.
(B) DISCUSSION – City Manager Performance Evaluation.
(Editorial History: On April 19, 2004 City Council confirmed earlier dialogue by requesting that City Manager A. William Moss write a summary of accomplishments prior to the annual performance review in June 2004. A “Report to City Council” that included a summary of accomplishments for the past year and a self-assessment of performance was provided to City Council on May 7, 2004.)
Public Comment
Mr. Kjell Pettersen, 350 Rockhill Court, expressed his approval of the City Manager’s performance.
Mr. Bill McMullan 1250 North Collier Boulevard, commended the City Manager on his performance stating that he does a superb job.
MOTION by Councilman Tucker to APPROVE A SEVEN PERCENT (7%) SALARY INCREASE AND A $10,000 PERFORMANCE BONUS FOR THE CITY MANAGER, RETROACTIVE TO HIS ANNIVERSAY DATE. Second by Councilman Minozzi. Motion carried 7-0.
Recess: 7:45 p.m. to 8:00 p.m. It is noted for the record that the same Council members were present when the meeting reconvened.
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(H) DISCUSSION – Amending Parking Ordinance, Re: Swales.
(Editorial History: The current ordinance took effect in January 2000 and is similar to the Collier County Parking Ordinance with one notable exception - the County Code prohibits parking in a drainage swale. City Code does not currently prohibit, nor regulate, swale parking.)
Following discussion, Council agreed that overnight parking in swales should be prohibited and that other restrictions should be considered. Staff will prepare an ordinance for further discussion and public comment.
Public Comment
Mr. Bill McMullen, 1250 North Collier Boulevard, commented that a trailer on Collier Boulevard is being stored in the swale.
Mr. Bob Butler, 921 South Collier Boulevard, commented on the swale parking on Seagrape Court and in other residential areas.
Mr. Herb Savage, 816 Elkcam Circle, stated that he feels sorry for the construction worker that cannot park and that the City should be tolerant.
(C) ORDINANCE – Second Reading and Public Hearing – An Ordinance to Amend m Maximum Pool Deck Elevations.
(Editorial History: On June 7, 2004 City Council adopted on first reading an ordinance to amend the applicable footnote addressing maximum height of pool decks. The footnote language has been expanded to cover pools located in either AE or VE flood zones, and has been amended to allow the maximum pool deck height in an AE flood zone to a point that does not exceed the adopted Base Flood Elevation (BFE), or the BFE considered the best available data.)
Mr. Moss read, by title only, the Ordinance to amend the maximum pool deck heights. There was no public comment.
MOTION by Councilman Minozzi to ADOPT ON SECOND READING THE ORDINANCE TO AMEND MAXIMUM POOL DECK ELEVATIONS. Second by Councilman Arceri. Motion carried 6-0.
(D) ORDINANCE – Second Reading & Public Hearing – An Ordinance to Amend Existing Sea Wall Regulations.
(Editorial History: On June 7, 2004 City Council adopted on first reading an ordinance to amend existing seawall regulations. The existing ordinances do
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not restrict the overall maximum seawall cap height, and through complaints from surrounding neighbors, it has been brought to our attention that new seawalls are being constructed significantly higher than existing seawalls, causing challenges for abutting properties relating to stormwater runoff, erosion, aesthetics, and new dock construction.)
Mr. Moss read, by title only, the Ordinance to amend existing seawall regulations. There was no public comment.
MOTION by Councilman Arceri to ADOPT ON SECOND READING THE ORDINANCE TO AMEND EXISTING SEAWALL REGULATIONS. Second by Councilman Tucker. Motion carried 6-0.
(E) ORDINANCE – First Reading – An Ordinance to Establish Palm Lethal Yellowing (PLY) Disease Regulations.
(Editorial History: Palm Lethal Yellowing (PLY) is an infectious disease spread by insects that affects 38 known species of palms, especially Coconut and Christmas palms. Because of the potential for the rapid spread of the disease an ordinance specifically aimed to identify and contain PLY is proposed for Council’s consideration. Both Collier County and the City of Naples, which have been greatly affected by the disease, have strong ordinances currently in place.)
Mr. Moss read, by title only, the Ordinance to Establish Palm Lethal Yellowing (PLY) Disease Regulations.
Public Comment
Mr. David Rice, owner of Island Lot Service Inc., explained the process for inoculating trees against Palm Lethal Yellowing.
MOTION by Councilman Minozzi to ADOPT ON FIRST READING THE ORDINANCE TO ESTABLISH LETHAL PALM YELLOWING REGULATIONS. Second by Chairwoman DiSciullo. Motion carried 6-0.
(F) RESOLUTION – A Resolution Endorsing the 2004 Membership Reapportionment Plan of the Collier County Metropolitan Planning Organization.
(Editorial History: The voting membership of the MPO is made up of elected representatives of Collier County, Naples, and Marco Island. Everglades City is the only local government without representation. The reapportionment plan, if adopted by all members and approved by the Governor, will add Everglades City as a voting member.)
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Mr. Moss read, by title only, the Resolution endorsing the 2004 membership reapportionment plan of the MPO. There was no public comment.
MOTION by Councilman Minozzi to APPROVE THE RESOLUTION ENDORSING THE 2004 MEMBERSHIP REAPPORTIONMENT PLAN OF THE COLLIER COUNTY METROPOLITAN PLANNING ORGANIZATION. Second by Councilman Arceri. Motion carried 6-0.
(G) RESOLUTION – A Resolution Authorizing the Levy of a Special Ad Valorem Tax Within the Hideaway Beach District and the Issuance of General Obligation Bonds for the Hideaway Beach District.
(Editorial History: On April 19, 2004 City Council adopted an ordinance to create the Hideaway Beach Dependent Special Tax District. The District was formed at the request of the Hideaway Beach Homeowner’s Association in order to fund beach renourishment, maintenance, and related activities. The ordinance that created the Hideaway Beach District authorizes the Board of Supervisors, with the prior approval of the City by
resolution of City Council, to issue bonds and to contract for the financing and construction of projects to improve, renourish, and maintain the beach within the boundaries of the District. Beach renourishment and other services are to be funded from taxes levied only within the Hideaway Beach District, provided that such levy has been approved by a majority vote of the qualified electors residing in the District in an election called for such purpose.)
Mr. Moss read, by title only, the Resolution authorizing a special ad valorem tax within the Hideaway Beach District and authorizing the issuance of general obligation bonds.
Public Comment
Mr. Kjell Petersen, 350 Rockhill Court, urged Council to approve the resolution.
MOTION by Councilman Tucker to APPROVE THE RESOLUTION AUTHORIZING THE LEVY OF A SPECIAL AD VALOREM TAX WITHIN THE HIDEAWAY BEACH DISTRICT AND THE ISSUANCE OF GENERAL OBLIGATION BONDS FOR THE HIDEAWAY BEACH DISTRICT. Second by Councilman Minozzi. Motion carried 6-0.
(I) DISCUSSION – Christmas Island Style Request.
(Editorial History: Mr. Dave Rice, Volunteer Chairman of the Christmas Island Style Committee, is requesting City Council approval for several "Christmas Island Style" events.)
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MOTION by Councilman Tucker to APPROVE THE FOLLOWING FOR CHRISTMAS ISLAND STYLE 2004: GRANT PERMISSION TO CLOSE CITY STREETS ALONG THE PARADE ROUTE; PERMIT THE USE OF MACKLE PARK FOR THE COMMUNITY SING ALONG AND LUMINARIES; PERMIT THE USE OF MEDIAN DIVIDERS FOR THE LIGHTED ANGELS AND CANDLES; PERMIT THE USE OF WATERWAYS FOR THE BOAT PARADE; GRANT POLICE AND FIRE SUPPORT FOR SHCEDULED EVENTS; AWARD A $15,000 CASH GRANT; AWARD A $2,561.54 SERVICE GRANT; AND ENTER INTO A CONTRACTUAL AGREEMENT OUTLINING FINANCIAL REPORTING REQUIREMENTS. Second by Councilman Minozzi. Motion carried
6-0.
(J) DISCUSSION – Cancellation of July 19th Meeting.
MOTION by Councilman Arceri to CANCEL THE JULY 19, 2004 MEETING. Second by Chairwoman DiSciullo. Motion carried 6-0.
COUNCIL COMMUNICATIONS
Councilman Minozzi thanked staff for the improved sound system.
Councilman MInozzi advised Council that Diane Flagg would be hosting a kick-off celebration for the CAT bus service at the Shops of Marco on June 30th at 6:00 p.m.
Councilman Arceri reported to Council on the island-wide power outage and LCEC’s response to his inquiry.
Councilwoman Patterson relayed her concern regarding the lack of Planning Board input into the site selection for the proposed police station.
FUTURE AGENDA
There were no requests for items to be placed on a future agenda.
PUBLIC COMMENT
Mr. Herb Savage, 816 Elkcam Circle, offered comments on the proposed site selected for the police station, stressing that the building should adhere to the 50’ setback requirement.
Ms. Joanne Bloborn (no address) expressed concern regarding police department benefits.
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Mr. Bill McMullan, 1250 North Collier Boulevard, questioned what the maximum millage rate would be.
ADJOURN
There being no further business to come before Council, the meeting adjourned at 9:30 p.m.
__________
Terri DiSciullo, Council Chairwoman
Date:
ATTEST:
Laura Litzan, City Clerk
Date:
PREPARED BY:
Susan Patton, Council Secretary
Date:
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