THE CITY OF MARCO ISLAND
MINUTES
City Council Meeting – September 20, 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
Bill Harrison, Finance Director
Dana Souza, Parks and Recreation Director
Mike Murphy, Fire Chief
Thom Carr, Police Captain
Laura Litzan, City Clerk
Other interested citizens and visitors
INVOCATION AND PLEDGE OF ALLEGIANCE
By: Rabbi Greenstein, Jewish Congregation of Marco Island
APPROVAL OF AGENDA
Chairwoman DiSciullo requested that item 6(c), Award of Contract for Property, Liability, and Workers Compensation Insurance, be removed from the Consent Agenda.
MOTION by Vice-Chair Kelber to APPROVE THE AGENDA, AMENDED TO REMOVE ITEM 6(C) FROM THE CONSENT AGENDA. Second by Councilman Minozzi. Motion carried 7-0.
PROCLAMATIONS
(Editorial History: On August 1st and August 21st, 2004 at two separate incidents citizens utilized learned CPR skills and Automatic External Defibrillator in order to save the lives of citizens. The City Council wishes to recognize these seven individuals who were responsible for bringing back to life a fellow citizen.)
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On behalf of City Council, City Manager Bill Moss and Chairwoman DiSciullo presented proclamations recognizing the following citizens for their life saving efforts: Dr. David Jones, Ms. Louise Winnai, Mr. Jim Byard, Ms. Melodie Kappaus, Mr. Bid Bakkar, Mr. Larry Hocking, and Ms. Mary Neale.
BUSINESS
(A) ORDINANCE - Second 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 - Second 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 – Second 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. City Council adopted the ordinances on first reading at the meeting of September 7. 2004.)
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.
MOTION by Vice-Chair Kelber to ADOPT ON SECOND READING THE ORDINANCE DETERMINING AND FIXING THE 2004 TAX LEVY AND MILLAGE RATE FOR THE CITY OF MARCO ISLAND. Second by Councilman Minozzi. Motion carried 7 – 0.
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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 Minozzi to ADOPT ON SECOND 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 Arceri to ADOPT ON SECOND 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 Councilwoman Patterson. Motion carried 7 – 0.
(B) ORDINANCE – Second 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. City Council adopted this ordinance on first reading at the meeting of September 7. 2004.)
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.
MOTION by Vice-Chair Kelber to ADOPT ON SECOND 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. Second by Councilman Minozzi. Motion carried 7 – 0.
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(C) DISCUSSION – Art on the new North Barfield Bridge.
(Editorial History: The new bridge on North Barfield Drive at Tarpon Waterway is under construction and due for completion in mid-October. In developing a conceptual design for the bridge, staff agreed that some type of decorative art in the form of a base-relief sculpture on each end of the bridge would be appropriate. The Marco Island Foundation for the Arts, a group dedicated to the placement of art in public places, conceived an idea to have artwork created by children.)
On behalf of the Marco Island Foundation for the Arts, Ms Joann Sanborn and Ms. Kira Krumm presented details of the proposal for artwork for the North Barfield Bridge and responded to Council’s questions.
Following discussion, council members expressed their reservations regarding the appropriateness of this project for a bridge, suggesting that one of the other alternatives proposed may be better suited for this type of design. Council agreed that the tile project should move forward with the understanding that the best placement of the decorative tiles has yet to be determined.
Public Comment
Mr. Steven Linsenmeyer, 794 Elkcam Circle, expressed his concern that the artwork would be an unnecessary distraction, causing the bridge to become a hazard.
(D) ORDINANCE – First Reading – An Ordinance to Adopt a Franchise Agreement with
LCEC.
(Editorial History: City Council directed staff to work with Lee County Electric Cooperative to install underground lines on both North and South Collier Boulevard in conjunction with the City’s rebuilding of the boulevard. The estimated cost to provide underground power lines in conjunction with the reconstruction project is $2.9 million. The future cost to provide forty-two miles of underground three-phase power lines is in the range of $34.6 million, and the cost to provide eighty miles of single-phase lines is approximately $7.4 million. City Council agreed that a 5% electric franchise fee, which would generate in the range of $1.3 million annually, should be dedicated to pay the cost to install underground power lines. Council agreed to proceed with the underground project subject to
final review of a franchise agreement with LCEC.)
Mr. Moss read, by title only, the Ordinance to adopt a franchise agreement with LCEC.
Public Comment
Dr. Fay Biles, 1558 Heights Court, reminded Council that she believes a franchise fee is a tax.
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Mr. Bob Petricca (no address provided) stated his belief that when rates increase by percentages it generates more dollars than a flat rate increase.
MOTION by Councilman Arceri to ADOPT ON FIRST READING THE ORDINANCE TO ADOPT A FRANCHISE AGREEMENT WITH LCEC, MODIFIED TO ALLOW CHANGES IN FEE AMOUNT CHARGED, AND THE UNDERTANDING THAT NO RIGHTS ARE FORFEITED. Second by Councilman Minozzi. Motion carried 7 - 0.
(E) ORDINANCE – First Reading – 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 Marco Island community.)
Mr. Moss read, by title only, the Ordinance to establish rules for use of City owned parks.
Public Comment
Mr. John Brookfield, 296 Seabreeze Drive, expressed his view that smoking in open areas outdoors should be banned.
Mr. John Lidenmeyer, 181 Post Court, voiced his concern that rights are being reduced and there would be no place on the Island for smokers.
Mr. Gil Mueller, 541 Blackmore Court, urged Council not to permit dogs in the park.
Mr. Bob Petricca (no address provided) stated his belief that there should be designated smoking areas in City owned parks.
MOTION by Councilman Arceri to ADOPT ON FIRST READING THE ORDINANCE TO ESTABLISH RULES FOR USE OF CITY OWNED PARKS, MODIFIED TO CLARIFY THE APPLICABILITY OF “REMOTE CONTROL TOYS”. Second by Vice-Chair Kelber. Motion carried 6 – 1. (Councilman Tucker opposed.)
Recess: 7:35 p.m. to 7:53 p.m. It is noted for the record that the same council members were present when the meeting reconvened.
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(F) RESOLUTION – Public Hearing – Appeal of Petition BD-04-12.
(Editorial History: Robert and Susan Davidson, neighboring property owners, are appealing the decision of the Planning Board approving petition BD-04-12, which approved a 15-foot extension from the maximum permitted 20-foot protrusion into the waterway to allow for a 35-foot boat docking facility. BD-04-12 was filed by Gulfside Docks & Lifts, Inc., as agent for Fielder Property Inc., property owner, requesting a 15-foot extension from the maximum permitted 20-foot protrusion into the waterway to allow for a 35-foot boat docking facility on property located at 557 Tigertail Court. The proposed boat docking facility is designed to accommodate 3 vessels (65 feet, 23 feet, and 17 feet in length).)
Following a review by City Attorney Rich Yovanovich of Council’s role as the Board of Zoning Appeals, each council member made their ex-parte disclosure, and all witnesses were sworn in by the City Clerk.
Mr. Robert Davidson, 865 Caxambas Drive, reviewed his appeal and responded to Council’s questions. Mr. Ed Wierback of Gulfside Docks & Lifts, Inc. reviewed the dock configuration and responded to Council’s questions.
MOTION by Vice-Chair Kelber to REVERSE THE APPROVAL OF PETITION BD-04-12, BASED UPON THE FINDING THAT THE PLANNING BOARD’S APPROVAL OF THE PETITION WAS INCONSISTENT WITH THE REVIEW CRITERIA. Second by Councilman Arceri. Motion carried 7 – 0.
(G) DISCUSSION – Seawall Service Program.
This item was deferred to the November 1, 2004 meeting.
(H) DISCUSSION – Liability for Damage to Swales.
This item was deferred to the November 1, 2004 meeting.
(I) RESOLUTION – Adopt Interlocal Agreement with Hideaway Beach Special Tax District.
(Editorial History: At the September 1, 2004 meeting of the Board of Supervisors for the Hideaway Beach Special Tax District, the Board approved the bond resolution allowing the process to move forward with bond validation. One of the documents needed to be provided to the court for the validation is an interlocal agreement between the City and the Hideaway Beach Special Tax District.)
Mr. Moss read, by title only, the Resolution to Adopt an Interlocal Agreement with the Hideaway Beach Special Tax District. There was no public comment.
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MOTION by Councilman Tucker to APPROVE THE RESOLUTION TO ADOPT AN INTERLOCAL AGREEMENT WITH HIDEAWAY BEACH ASSOCIATION. Second by Councilman Minozzi. Motion carried 7 – 0.
CONSENT AGENDA
(C) DISCUSSION – Award of Contract: Property, Liability, Worker’s Compensation Insurance
(Editorial History: Since inception, the City of Marco Island has purchased insurance coverage for property, liability, and workers’ compensation from the Florida Municipal Insurance Trust managed through the Florida League of Cities. The coverages purchased have been traditional insurance, with low deductibles that limit the City’s risk once the premiums have been paid. Coverages expire September 30, 2004. For the new program year beginning October 1, 2004, the City prepared a Request for Proposals for insurance coverages and retained the services of Ben Few & Company to assist in the review of proposals received and prepare a recommendation for City Council consideration. Proposals were received from four companies: Florida Municipal Insurance Trust, Public Risk Insurance
Agency, Arthur J. Gallagher, and Public Risk Management of Florida. The City’s loss history has improved over the past two years, allowing the City to receive competitive proposals from insurance providers. Staff recommendation, prepared with the assistance of Ben Few & Company, is to contract with Public Risk Insurance Agency for coverages.)
MOTION by Vice-Chair Kelber to AUTHORIZE THE CITY MANAGER TO CONTRACT WITH PUBLIC RISK INSURANCE AGENCY FOR PROPERTY, LIABILITY AND WORKERS COMPENSATION INSURANCE. Second by Councilman Tucker. Motion carried 7 – 0.
(A) Council Minutes for September 7, 2004 (Regular Meeting).
(B) Award of Contract of North Collier Boulevard Utilities Design.
(C) Award of Contract for Collier Bay Dredging.
MOTION by Councilman Tucker to APPROVE AND ADOPT THE CONSENT AGENDA. Second by Vice-Chair Kelber. Motion carried 7 – 0.
COUNCIL COMMUNICATIONS AND DISCUSSION
Councilman Arceri questioned whether other council members were planning to meet with the representative from Big Cypress Basin.
Chairwoman DiSciullo questioned whether hurricane resistance of the approved street lights has been ascertained? Mr. Moss responded that LCEC has advised him that the street lights selected have the highest available rating.
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Chairwoman DiSciullo commented that she is attending the next Collier County Commission meeting to observe how they respond to a request by a Marco Island resident regarding beach access.
FUTURE AGENDA
Vice-Chair Kelber requested Council consider including a policy for “art in public places” and future discussion of funding “art in public places”.
City Manager Moss clarified that Council did not wish to schedule a joint meeting with the Planning Board and School Boards at this time.
City Manager Moss advised Council that because the Caxambas Pass field trip being held on September 29, 2004 will be attended by one or more council members, a public notice of the event will be posted.
PUBLIC COMMENT
There was no additional public comment.
ADJOURN
There being no further business to come before the Council, the meeting adjourned at 9:43 p.m.
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Terri DiSciullo, Council Chairwoman
Date:
ATTEST:
Laura Litzan, City Clerk
Date:
PREPARED BY:
Susan Patton, Secretary
Date:
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