THE CITY OF MARCO ISLAND
MINUTES
City Council Meeting – August 2, 2004 – 6:00 p.m.
Chairwoman DiSciullo called the meeting to order and presided.
ROLL CALL
All present.
Also Present: A. William Moss, City Manager
Greg Urbancic, City Attorney
Greg Niles, Community Development Director
Rony Joel, Public Works Director
Jake Rohrich, Utilities 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: Father Bernie, San Marco Catholic Church
APPROVAL OF AGENDA
MOTION by Vice-Chair Kelber to APPROVE THE AGENDA, AMENDED TO REVERSE ITEMS 6(A) AND 6(I). Seconded by Councilman Arceri. Motion passed 7-0.
APPROVAL OF CONSENT AGENDA
(A) Council Minutes for June 21, 2004 (Regular Meeting))
(B) Waiver of Legal Conflict, Re: Hideaway Beach Tax District Board
(C) Hideaway Beach Tax District Budget
MOTION by Vice-Chair Kelber to APPROVE AND ADOPT THE CONSENT AGENDA. Seconded by Councilman Tucker. Motion passed 7-0.
City of Marco Island
City Council Minutes for August 2, 2004
Page 2
PRESENTATIONS
(A) Proclamations – Recognition of Original Planning Board Members – Maury Dailey, Rich Nelson, Herb Savage.
(Editorial History: Maury Dailey, Rich Nelson, and Herb Savage have devoted 6 ½ years of service to the community as members of the Planning Board. They were first appointed in December 1997 and served until June 2004. During this time each was faced with the difficult task of assisting in the formation of the City of Marco Island, its first Comprehensive Plan and subsequent Land Development Code, long-term planning, and numerous topics and decisions that affected the everyday life of the Marco Island Community.
On behalf of City Council, Chairwoman DiSciullo and City Manager Moss presented proclamations to Maury Dailey, Rich Nelson and Herb Savage in recognition of their service on the Planning Board. (Editor’s Note: Rich Nelson absent.)
BUSINESS
(I) DISCUSSION – LCEC Franchise/Development of Underground Power Lines.
(Editorial History: City Council previously directed staff to work with Lee County Electric Cooperative to install underground power lines on both North and South Collier Boulevard in conjunction with the City’s rebuilding of that roadway. South Collier Boulevard is scheduled to move forward to award of contract in December. LCEC will need approximately three months to have materials necessary for undergrounding on site, requiring that we have a contract in place in September. The designed construction cost estimate for South Collier Boulevard is $1,000,995.)
MOTION by Councilman Minozzi to DIRECT STAFF TO PROCEED WITH A LEE COUNTY ELECTRIC UTILITY FRANCHISE AGREEMENT WITH A 5% FRANCHISE FEE FOR NORTH AND SOUTH COLLIER BOULEVARD PROJECTS, SUBJECT TO COUNCIL’S APPROVAL. Seconded by Councilman Aceri. Motion passed 7 – 0.
(B) ORDINANCE – Second Reading and Public Hearing - An Ordinance to Address Palm Lethal Yellowing (PLY) Disease.
(Editorial History: At the June 21, 2004 meeting, City Council adopted on first reading an ordinance to address Palm Lethal Yellowing (PLY), an infectious disease that affects 38 known species of palms. The proposed ordinance will allow City Council or the City Manager the ability to declare a “localized state of emergency,” granting broad powers to address PLY, and to institute mandatory Innoculation within designated areas with or without the cooperation of property owners).
City of Marco Island
City Council Minutes for August 2, 2004
Page 3
Mr. Moss read, by title only, an Ordinance to Address Palm Lethal Yellowing (PLY) Disease. There was no public comment.
MOTION by Vice-Chair Kelber to ADOPT ON 2ND READING THE ORDINANCE TO ADRESS LETHAL PALM YELLOWING (PLY) DISEASE. Seconded by Councilman Minozzi. Motion passed 7 – 0. No public comment.
(C) ORDINANCE/DISCUSSION – An Ordinance to Establish Rules for the Use of City Owned Parks.
(Editorial History: The City of Marco Island Parks and Recreation Advisory Committee (PRAC) initiated discussion with reference to a local Parks Rules Ordinance in April 2003. The decision to develop a Marco Island Parks Rules Ordinance for City Council consideration was manifested by the understanding that the adoption of a local ordinance would best serve Marco Island residents. Upon incorporation, the City adopted the Collier County Park Use Ordinance. Since Collier County manages a large number of parks for a much larger population, the philosophies that guide ordinance development for a large population may differ greatly from those desired for the small, close-knit community of Marco Island.)
Mr. Moss read, by title only, the Park Rules Ordinance to Establish Rules for the Use of City Owned Parks.
MOTION by Councilman Arceri to DIRECT STAFF TO CONDUCT A PUBLIC HEARING PRIOR TO THE FIRST READING OF THE ORDINANCE. Seconded by Councilman Minozzi. Motion carried 7 – 0. No public comment.
(D) RESOLUTION – V-04-10 requesting a 7.4’ Encroachment into the Required 10’ Waterfront Yard setback for a Swimming Pool.
(Editorial History: Petition No. V-04-10, Frank and Martha Ortiz, property owners are requesting a 7.4 foot variance from the minimum required waterfront yard setback of 10 feet for a swimming pool on property located at 1760 Barbados Avenue, further described as Marco Beach Unit 2, Block 45, Lot 16, Collier County, Florida and the City of Marco Island).
Mr. Moss read, by title only, the Resolution relating to Petition V-04-10.
Public Comment
The Petitioner, Mr. Frank Ortiz, reviewed the Petition and responded to Council’s questions.
City of Marco Island
City Council Minutes for August 2, 2004
Page 4
MOTION by Chairwoman DiSciullo to DENY PETITION V-04-10. Seconded by Vice-Chair Kelber. Motion passed 5 – 2. (Councilman Tucker and Councilman Arceri opposed.)
(E) RESOLUTION – Petition FV-04-02, the Marco Island YMCA, property owner, requesting a variance of 2.6 feet from the required 10 foot (NGVD) base flood elevation requirement for construction of a maintenance garage facility at 101 Sandhill Street, further described as Tract “A”, Marco Beach Unit 25, City of Marco Island.
(Editorial History: The proposed structure is approximately 2,500 square feet, and in addition to storage space will provide two handicapped accessible restrooms. The proposed structure is located between two tennis courts, the swimming pool and the basketball court.)
Mr. Moss read, by title only, the Resolution Relating to Petition FV-04-02. There was no public comment.
MOTION by Councilman Minozzi to APPROVE PETITION FV-04-02. Seconded by Councilman Tucker. Motion passed 7 – 0.
(F) RESOLUTION – A Resolution Authorizing FDOT Funded Landscape Development Improvements.
(Editorial History: The City previously received FDOT grants for landscape improvements. One grant, in the amount of $100,000 is to provide landscaping adjacent to the Smokehouse Bay Bridge on North Collier Boulevard. The other grant, in the amount of $7,255, is to provide for landscaping at the intersection of North Collier Boulevard and San Marco Road).
Mr. Moss read, by title only, the Resolution Authorizing FDOT Funded Landscape Development Improvements.
MOTION by Vice-Chair Kelber to APPROVE THE RESOLUTION AUTHORIZING FDOT FUNDED LANDSCAPE DEVELOPMENT IMPROVEMENTS. Seconded by Councilman Tucker. Motion passed 7 – 0.
City of Marco Island
City Council Minutes for August 2, 2004
Page 5
(G) DISCUSSION – Installation of Gravity Sewer in Select Areas.
(Editorial History: As part of the preparation of the Utility Master Plan, the City Council on June 7, 2004 directed the City’s consultant to evaluate a gravity sewer system for the unsewered areas of Marco Island. Several years may pass before all the unsewered areas of Marco Island are connected to the sewer system. Instances have occurred where landowners (or residents) offer to contribute significantly more than the estimated $10,000 per residence to connect to a sewer system. By having the City accept these higher payments from a few individuals, the balance of the cost of the system that is paid by the other residences that connect to the system is reduced.)
MOTION by Councilman Tucker to AUTHORIZE THE CITY MANAGER TO APPROVE THE PROJECTS FOR THE INSTALLATION OF GRAVITY SEWER SYSTEMS IN SELECT AREAS. Seconded by Vice-Chair Kelber. Motion passed 7-0.
(H) DISCUSSION – Award of Contract – Winterberry Bridge Intersection Repairs and Utility Line Relocation.
(Editorial History: Florida Water Services (FWS) initiated the original project at the West Winterberry Bridge in September 2003 at a cost of $269,250 to replace the old 24-inch ductile iron pipe suspended from the bridge that connects the 24-inch water main on the east and west side of the bridge along Winterberry Drive with a new 24-inch water main installed under the canal. The steep angle of the original drilling effort could not be achieved so the engineering consultant for FWS prepared a modified design using a more gradual incline for the pipe that greatly increased the amount of pipe needed for the project. Marco Island Utilities increased the project cost by $35,000 to $319,250 to pay for the additional pipe. The second drilling effort, postponed until after the winter season, encountered excessive
losses of the bentonite slurry (probably from some buried objects) used to keep the borehole open. Ultimately extensive collapsing of the borehole caused collapse of some of the intersection at Heathwood and Winterberry, and along 140-feet of Winterberry Drive east of the intersection. The drilling was terminated in June 2004. The repair of the roadway cannot be safely achieved without the removal of the existing 24-inch diameter asbestos-cement water main adjacent to the 140-foot section of collapsed road.)
Public Comment
Dr. Fay Biles, 1588 Heights Court, expressed concern about the cost and details of the project.
City of Marco Island
City Council Minutes for August 2, 2004
Page 6
MOTION by Councilman Arceri to AUTHORIZE THE CITY MANAGER TO APPROVE THE CONSTRUCTION SERVICES TO REPAIR THE ROAD ALONG WINTERBERRY DRIVE AND INSTALL A NEW WATER MAIN ACROSS THE WEST WINTERBERRY BRIDGE. Seconded by Vice-Chair Kelber. Motion passed 7 – 0.
(A) Proposed Resolution to Amend Water Conservation Rates .
MOTION by Vice-Chair Kelber to POSTONE ITEM 6A UNTIL THE MEETING OF AUGUST 16, 2004. Seconded by Chairwoman DiSciullo. Motion passed 7 – 0.
COUNCIL COMMUNICATIONS AND DISCUSSION
Vice-Chair Kelber reminded Council and staff that the topic of redevelopment is still pending.
Councilman Minozzi commented on the favorable improvements to the Island’s True Value store and the intersection improvements.
Councilman Arceri advised Council that the permits for the dredging of Caxambas Pass are being held up and that this project may be challenged by the DEP because of the Piping Plover.
Councilwoman Patterson reported on a seminar she attended sponsored by the Chamber of Commerce on the politics of water shortage.
Chairwoman DiSciullo thanked Jake Rohrich and the Water and Utility Department employees for their efforts during the last water main break.
FUTURE AGENDA
There was no future agenda items requested.
PUBLIC COMMENT
There was no additional public comment.
City of Marco Island
City Council Minutes for August 2, 2004
Page 7
ADJOURN
There being no further business to come before Council, the meeting adjourned at 7:50 P. M.
_______ __________
Terri DiSciullo, Council Chairwoman
Date:
ATTEST:
Laura Litzan, City Clerk
Date:
PREPARED BY:
Patricia Graham, Council Secretary
Date:
| 
