THE CITY OF MARCO ISLAND
MINUTES
City Council Meeting – September 7, 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
Laura Litzan, City Clerk
Other interested citizens and visitors
INVOCATION AND PLEDGE OF ALLEGIANCE
By: Pastor Ron Biel, Marco Lutheran Church
APPROVAL OF AGENDA
MOTION by Vice-Chair Kelber to APPROVE THE AGENDA, AMENDED TO ADD ITEM 5 (H) A DISCUSSION ON HURRICANE FRANCES. Second by Councilman Minozzi. Motion carried 7-0.
APPROVAL OF MINUTES
(A) Council Minutes for August 16, 2004 (Special-Called Meeting)
MOTION by Councilman Tucker to APPROVE THE MINUTES FOR AUGUST 16, 2004 (SPECIAL-CALLED MEETING). Second by Vice-Chair Kelber. Motion carried 7-0.
(B) Council Minutes for August 16, 2004 (Regular Meeting)
Councilman Minozzi requested a correction to Page 4 to identify Ms. Charlette Roman as speaking in opposition to the petition, not in support of it.
City of Marco Island
City Council Minutes for September 7, 2004
Page 2
MOTION by Vice-Chair Kelber to APPROVE MINUTES FOR AUGUST 16, 2004 (REGULAR MEETING), CORRECTED. Second by Councilman Tucker. Motion carried 7 – 0.
(C) Council Minutes for August 30, 2004 (Workshop Meeting)
MOTION by Councilman Tucker to APPROVE MINUTES FOR AUGUST 30, 2004 (WORKSHOP MEETING). Second by Councilman Minozzi. Motion carried 7-0.
BUSINESS
(A) ORDINANCE - First Reading & Public Hearing - An Ordinance Determining and Fixing the 2004 Tax Levy and Millage Rate for the City of Marco Island, Exclusive of Dependent Taxing Districts, for the Fiscal Year Commencing October 1, 2004 and Ending September 30, 2005.
ORDINANCE - First Reading & Public Hearing – An Ordinance Adopting the Final Budget for the City of Marco Island, Exclusive of Dependent Taxing Districts, for the Fiscal Year Commencing October 1, 2004 and Ending September 30, 2005.
ORDINANCE – First Reading & Public Hearing – An Ordinance Adopting the Final Budget for the Hideaway Beach Special Taxing District for the Fiscal Year Commencing October 1, 2004 and Ending September 30, 2005.
(Editorial History: Section 200.065, Florida Statutes, governs the budget adoption process. The Truth in Millage (“TRIM”) statue establishes a detailed time line and approved process which includes the requirement for two public hearings held in the month of September and separate ordinances for establishing mil levies and approval of the annual budget. As required by TRIM legislation, all Marco Island property owners have been provided notice of this public hearing on their preliminary tax statements.)
Following an explanation of “TRIM” legislation, Finance Director Bill Harrison read, by title only, the Ordinance Determining and Fixing the 2004 Tax Levy and Millage Rate for the City of Marco Island, Exclusive of Dependent Taxing Districts, for the Fiscal Year Commencing October 1, 2004 and Ending September 30, 2005. He announced that the Total Assessed Valuation of Real and Personal Property is $7,117,033,513; that the tax levy and millage rate have been fixed and determined in accordance with the following assessments and findings of the City Council, and making allowances for tax delinquents, discounts and losses therein, reflect General Fund Operations in the amount of $11,415,000 (1.5400 mils) and Voted Debt Service in the amount of $311,100 (0.0460 mils); that the current year’s
roll-back rate is 1.4749 mils; and the increase in the millage rate over the roll-back rate is 4.41%. There was no public comment.
City of Marco Island
City Council Minutes for September 7, 2004
Page 3
MOTION by Councilman Minozzi to ADOPT ON FIRST READING THE ORDINANCE DETERMINING AND FIXING THE 2004 TAX LEVY AND MILLAGE RATE FOR THE CITY OF MARCO ISLAND. Second by Councilman Tucker. Motion carried 7 – 0.
Mr. Harrison read, by title only, the Ordinance Adopting the Final Budget for the City of Marco Island, Exclusive of Dependent Taxing Districts, for the Fiscal Year Commencing October 1, 2004 and Ending September 30, 2005. He announced that the Total Assessed Valuation of Real and Personal Property is $7,117,033,513 and that the total appropriations are as follows: General Fund $11,204,890; Debt Service Fund $637,079; Capital Projects Fund $15,370.000; Building Services Fund $977,730; Utility Fund $19,965,300; Recreation Fund $100,000; Hideaway Beach Fund $2,691,000; Total Appropriation Budget $50,945,999. There was no public comment.
MOTION by Councilman Tucker to ADOPT ON FIRST READING THE ORDINANCE ADOPTING THE FINAL BUDGET FOR THE CITY OF MARCO ISLAND FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2004 AND ENDING SEPTEMBER 30, 2005. Second by Councilman Arceri. Motion carried 7 – 0.
Mr. Harrison read, by title only, the Ordinance Adopting the Final Budget for the Hideaway Beach Special Taxing District for the Fiscal Year Commencing October 1, 2004 and Ending September 30, 2005. He announced that the Hideaway Beach Special Taxing District budget is $2,691,000. There was no public comment.
MOTION by Councilman Tucker to ADOPT ON FIRST READING THE ORDINANCE ADOPTING THE FINAL BUDGET FOR THE HIDEAWAY BEACH SPECIAL TAXING DISTRICT FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2004 AND ENDING SEPTEMBER 30, 2005. Second by Councilman Minozzi. Motion carried 7 – 0.
(B) ORDINANCE – First Reading & Public Hearing – Budget Re-Appropriation Ordinance.
(Editorial History: The annual budget for Fiscal Year 2003-04 was approved by the City Council in September of last year. The approved budget may only be amended by a re-appropriation ordinance. Any amendments to the budget must maintain compliance with the Spending Cap. Budget control, per the policy of the City Council, is maintained at the department level in the General Fund and at the fund level in all other funds.)
Finance Director Bill Harrison read, by title only, an Ordinance Amending the Budget for the City of Marco Island for the Fiscal Year Commencing October 1, 2003 and ending September 30, 2004. There was no public comment.
City of Marco Island
City Council Minutes for September 7, 2004
Page 4
MOTION by Councilman Tucker to ADOPT ON FIRST READING THE ORDINANCE AMENDING THE BUDGET FOR THE CITY OF MARCO ISLAND FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2003 AND ENDING SEPTEMBER 30, 2004, AMENDED TO INCREASE “EMERGENCY FUND” TO $500,000. Second by Vice-Chair Kelber. Motion carried 7 – 0.
(C) ORDINANCE – Second Reading & Public Hearing – Petition R-04-02, William G. Morris, Esq., representing “Harbor at South Bridge” (a.k.a. Moran’s Barge Marina) is requesting a rezone from “A-ST” (rural agricultural/special treatment) to “C-4” (general commercial) for associated hotel parking and ancillary uses on property .54 acre in size, commonly referred to as the east 300 feet of Tract “C”, adjacent to property located at 3200 San Marco Road, further described as Marco Beach Unit 17, Section 13, Township 52 South, Range 26 East, City of Marco Island.
(Editorial History: City Council heard this matter at their August 16, 2004 meeting, and finding the rezoning consistent with the Future Land Use Map, voted 4 to 3 for approval subject to an additional stipulation restricting only hotel and motel uses and their respective accessory, ancillary, and incidental uses on the subject .54-acre site.)
Mr. Moss read, by title only, The Ordinance Amending Ordinance Number 02-36, the Marco Island Land Development Code which includes the Comprehensive Zoning Regulations for the City of Marco Island, Florida, Relating to Petition Number R-04-02. All council members made their ex-parte disclosures. The City Clerk swore in all witnesses.
Representing the Petitioner, Attorney William G. Morris reviewed the Petition and responded to Council’s questions.
MOTION by Councilman Tucker to ADOPT ON SECOND READING THE ORDINANCE RELATING TO PETITION R-04-02 REZONING THE EAST 300’ OF TRACT “C”, .54 ACRE IN SIZE FROM “A-ST” TO “C-4”. Second by Councilwoman Patterson. Motion carried 4 – 3.
(D) ORDINANCE – Second Reading & Public Hearing – An Ordinance to Amend Parking
Regulations.
(Editorial History: City Council adopted this ordinance on first reading at its meeting of September 2, 2004. Several revisions recommended at that time have been incorporated into the final draft of the ordinance)
Mr. Moss read, by title only, the Ordinance Amending Parking Regulations.
City of Marco Island
City Council Minutes for September 7, 2004
Page 5
Public Comment
Mr. Keith Pershing, 1841 Dogwood Drive, spoke in favor of parking in swales in residential areas and in the Elkcam Business District.
Ms. Lee Zwerin, 468 Capri Court, expressed concern that swale parking should be regulated without prohibiting overnight parking.
Mr. Phil Kostelnik, 121 Channel Court, suggested that parking on only one side of the street be allowed.
Mary Lou Mercer, 463 Barfield Drive, questioned whether drainage issues should be addressed before swale parking is allowed.
Susan Canterberry, 1596 Shores Court, asked if anything can be done to require that commercial vehicles repair the swales that they damage.
MOTION by Councilman Minozzi to ADOPT ON SECOND READING THE ORDINANCE TO AMEND PARKING REGULATIONS. Second by Councilman Tucker. Motion carried 5 – 2. (Vice-Chair Kelber and Councilwoman Patterson opposed.)
(E) DISCUSSION - Interlocal Agreement for Hideaway Beach Renourishment.
(Editorial History: By prior action City Council created the Hideaway Beach Special Taxing District and appointed a Board of Supervisors for the District. Hideaway Beach has been working with Collier County on renourishment of the beaches adjacent to the Hideaway Beach neighborhood and has reached an agreement with Collier County on the financing of the beach renourishment. The Board of Supervisors of the Hideaway Beach Special Taxing District met on September 1, 2004 and voted to recommend that City Council approve the Interlocal Agreement presented.)
MOTION by Councilman Tucker to APPROVE THE INTERLOCAL AGREEMENT FOR FUNDING OF BEACH RENOURISHMENT AT HIDEAWAY BEACH. Second by Vice-Chair Kelber. Motion carried 7 – 0.
(F) DISCUSSION – Request by the Marco Island Film Festival for Financial Support.
(Editorial History: Mr. Nick Campo, President of the Marco Island Film Festival, has requested City support for the 2004 Film Festival, including a cash grant in the amount of $8,000 through the Festival Assistance Program to be used to help finance the free “Family Night” at Mackle Park, and a $60 service grant for the use of Mackle Park as the location for “Family Night.” The total budget for “Family Night” is $14,950.)
City of Marco Island
City Council Minutes for September 7, 2004
Page 6
Public Comment
Dr. Fay Biles, 1588 Heights Court, expressed concern about the films being shown at City facilities and questioned who is responsible for approving them.
MOTION by Councilman Tucker to AWARD $8,000 CASH GRANT TO THE MARCO ISLAND FILM FESTIVAL; AWARD $60 SERVICE GRANT FOR THE USE OF MACKLE PARK; AUTHORIZE CITY MANAGER TO ENTER INTO GRANT AGREEMENT. Second by Chairwoman DiSciullo. Motion carried 7 – 0.
(G) DISCUSSION – Amendment to Utility Rates.
(Editorial History: At the Special City Council Workshop of August 16th Mr. John Darmody, the City’s utility consulting engineer, from Montgomery Watson Harza presented a status report on the development of the Utility Master Plan. Mr. Darmody concurred with the financial analysis prepared by Mr. Rob Ori of Public Resources Management Group in recommending an annual indexing of utility rates based on the deflator index of the Florida Public Services Commission. For this year, that index is 1.6%. This index will result in increased annual revenues of $240,000 and will be used to supplement current funding for the 5-year capital improvements program of the utility, with $60,000 of those funds needed to pay the utility’s cost of the City’s recommended
5% electric franchise fee for undergrounding power lines. In addition to the indexing, staff is recommending two adjustments to the Utility Rate Schedule to adjust the fees charged for connections and re-connections, as well assimilate the approximate 1,200 sewer customer on the old flat-rate billing schedule into the current rate schedule.)
MOTION by Councilman Tucker to DIRECT CITY MANAGER TO PREPARE REQUIRED PUBLIC NOTICE OF RATE CHANGE AND SCHEDULE A PUBLIC HEARING FOR THE OCTOBER 18, 2004 CITY COUNCIL MEETING. Second by Vice-Chair Kelber. Motion carried 7 – 0.
(H) DISCUSSION – Hurricane Frances.
(Editorial History: This item was added to the agenda at the start of the meeting.)
City Manager Bill Moss provided Council with a brief critique of the affects upon the Island services due to Hurricane Frances and responded to Council’s questions.
City of Marco Island
City Council Minutes for September 7, 2004
Page 7
COUNCIL COMMUNICATIONS AND DISCUSSION
Chairwoman DiSciullo advised Council that while attending the Florida League of Cities conference she was impressed with the mentoring program implemented by other municipalities and is gathering information on developing a mentoring program here.
FUTURE AGENDA
Councilman Minozzi requested that Council consider at a future meeting the creation, by referendum, of a special tax district for beautification, art, and City-wide parks.
Councilman Minozzi requested that Council consider at a future meeting the addition of street names added to home addresses on the channel side.
Councilman Arceri requested Council consider discussing the swale area damage liability issue mentioned earlier.
Councilman Arceri requested Council consider discussing a proposal for a seawall service program being recommended by the Waterways Advisory Committee.
Vice Chair Kelber requested Council consider holding a joint workshop with the Planning Board and Code Enforcement Board to discuss ex-parte communications, quasi judicial matters and hardships issues.
PUBLIC COMMENT
Mr. Nick Campo, 216 Shadow Ridge Court, reported that he received favorable comments regarding the City Manager and the Finance Director from the City Manager and Town Council in Ft. Myers Beach. He volunteered to organize the Restaurant Association to feed hurricane victims on Marco Island, should the need arise.
ADJOURN
There being no further business to come before the Council, the meeting adjourned at 8:27 p.m.
(Signature page to follow)
City of Marco Island
City Council Minutes for September 7, 2004
Page 8
_______ __________
Terri DiSciullo, Council Chairwoman
Date:
ATTEST:
Laura Litzan, City Clerk
Date:
PREPARED BY:
Patricia Graham, Council Secretary
Date:
| 
