THE CITY OF MARCO ISLAND
MINUTES
City Council Meeting – June 20, 2005 – 4:00 p.m.
Chairwoman Kelber called the meeting to order and presided.
ROLL CALL
All Present, except Vice-Chairman Arceri who was absent.
Also Present: A. William Moss, City Manager
Richard Yovanovich, City Attorney
Bill Harrison, Finance Director
Vince Cautero, Community Development Director
Bryan Milk, City Planner
Dana Souza, Parks and Recreation Director
Roger Reinke, Police Chief
Chris Byrne, Division Fire Chief
Laura Litzan, City Clerk
Other interested citizens and visitors
INNOVATION AND PLEDGE OF ALLEGIANCE
Pastor Ron Biel, Marco Lutheran Church
APPROVAL OF AGENDA
MOTION by Councilor Patterson TO APPROVE THE AGENDA. Second by Councilor DiSciullo. Motion carried 6-0.
APPROVAL OF CONSENT AGENDA
(A) Council Minutes for June 6, 2005 (Regular Meeting)
(B) Yellowbird Raw Water Supply Pipe Line
(C) Funding for Christmas Island Style
(D) Cancellation of July 18th Council Meeting
(E) Liquid Sludge Hauling Contract
MOTION by Councilor Tucker to APPROVE AND ADOPT THE CONSENT AGENDA, INCLUDING THE CANCELLATION OF THE JULY 18TH CITY COUNCIL MEETING. Second by Councilor Minozzi. Motion carried 6-0.
PRESENTATIONS
(A) Florida Department of Transportation – S.S. Judge Jolley Bridge
Mr. David Panlilio, of the firm Jacobs Civil Inc., Mr. Mike Rippe, Director of Transportation Development at the Florida Department of Transportation, Mr. Mark Peronto, Senior Project Manager at the Florida Department of Transportation, and
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Mr. Chuck Barmby, Director of the Collier Metropolitan Planning Organization, presented the status of the S.S. Judge Jolley Bridge and alternative approaches to solutions. They recommended building two new structures, with sidewalks and fishing piers on both sides.
(B) RIDS Program and 50-Acre Utility Site – Mangrove Area.
City Manager Bill Moss presented to Council information on participating in the Regional Irrigation Distribution System (RIDS) and an update on the acquisition of the 50-Acre Mangrove Site
MOTION by Councilor DiSciullo to DIRECT STAFF TO NOT SEEK THE AMENDMENT TO THE DELTONA SETTLEMENT AGREEMENT IN ORDER TO ACQUIRE THE 50-ACRES OF IMPACTED MANGROVE SITE. Second by Councilor Minozzi. Motion carried 6-0.
BUSINESS
(A) Item 6(A) was removed from the agenda prior to the meeting.
(B) Initial Assessment Resolutions (1) To Establish South Barfield Assessment Area and(2) The Tigertail Assessment Area for Wastewater Improvements.
(Editorial History: On January 31, 2005 City Council affirmed pursuing a citywide wastewater collection system to replace current and future Marco Island septic tanks. At the April 29, 2005 CIP meeting City Council reviewed and supported a septic tank replacement program. These resolutions are the initial two that will be steps toward having all Marco Island customers served by central sewer and have been refined to better articulate the reasoning for the assessment calculations.)
Mr. Moss read, by title only, the Initial Assessment Resolution to Establish the South Barfield Assessment Area and the Initial Assessment Resolution to Establish the Tigertail Assessment Area for Wastewater Improvements.
Public Comment
Mr. Sal Sciarrino, 911 Montego Court, questioned the calculations of the sewer assessment.
Mr. Richard Robinson, 740 Collier Boulevard North, spoke in support of the special assessment district for the commercial district of South Barfield.
Mr. Ed Fullmer, 584 Coconut Avenue, questioned whether Goodland would be required to create a special assessment district for sewers.
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Dr. Fay Biles, 1588 Heights Court, advised Mr. Fullmer that the Collier County Water and Wastewater Authority Board is the proper venue for Goodland residents.
MOTION by Councilor Minozzi to APPROVE THE MARCO ISLAND SOUTH BARFIELD INITIAL ASSESSMENT RESOLUTION FOR THE CONSTRUCTION OF WASTEWATER IMPROVEMENTS. Second by Councilor Tucker. Motion carried 6-0.
MOTION by Councilor Minozzi to APPROVE THE MARCO ISLAND TIGERTAIL INITIAL ASSESSMENT RESOLUTION FOR THE CONSTRUCTION OF WASTEWATER IMPROVEMENTS. Second by Councilor Tucker. Motion carried 6-0.
Recess: 5:50 p.m. to 6:15 p.m. It is noted for the record that the same Councilors were present when the meeting reconvened.
(C) RESOLUTION(S) – Sales Tax Revenue Bonds – (1) A Resolution Amending and Restating in its Entirety Resolution 03-09, entitled “A Resolution Authorizing the Issuance of Not to Exceed $6,000,000 in Sales Tax Revenue Bonds”; (2) A Resolution Supplementing Resolution 03-09, Authorizing and Approving the Public Sale, by Competitive Bid, of Such Bonds, and Other Related Matters.
(Editorial History: On January 21, 2003 the City Council approved Resolution 03-09, authorizing the issuance of City of Marco Island Sales Tax Revenue Bonds. The two resolutions presented to the City Council on this agenda have been prepared by the City’s bond counsel, Bryant Miller & Olive, and complete the authorization for the issuance of the bonds. Bond proceeds will be used to finance: North Barfield Bridge at Tarpon Waterway ($1,414,000), Construction on South Collier Boulevard ($1,000,000), Design for North Collier Boulevard ($601,000), and the New Police Building ($2,985,000).
Mr. Moss read, by titles only, Resolutions for Sales Tax Revenue Bonds (1) A Resolution Amending and Restating in its Entirety Resolution 03-09, entitled “A Resolution Authorizing the Issuance of Not to exceed $6,000,000 in Sales Tax Revenue Bonds”, and (2) A Resolution Supplementing Resolution 03-09, Authorizing and Approving the Public Sale, by Competitive Bid, of Such Bonds, and Other Related Matters.
MOTION by Councilor Minozzi to APPROVE THE RESOLUTION AMENDING AND RESTATING IN ITS ENTIRETY RESOLUTION 03-09, ENTITLED “A RESOLUTION AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $6,000,000 IN SALES TAX REVENUE BONDS.” Second by Councilor DiSciullo. Motion carried 6-0.
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MOTION by Councilor Minozzi to APPROVE THE RESOLUTION SUPPLEMENTING RESOLUTION NO. 03-09, AUTHORIZING AND APPROVING THE PUBLIC SALE, BY COMPETITIVE BID, OF SUCH BONDS, AND OTHER RELATED MATTERS. Second by Councilor DiSciullo. Motion carried 6-0.
(D) ORDINANCE – First Reading – Text Amendment to the Land Development Code (LDC) to Establish Board of Zoning Appeals.
(Editorial History: Staff prepared a text change to the Marco Island Land Development Code (LDC) to correct an inadvertent omission during the amendment process and/or codification process of establishing a Board of Zoning Appeals. The Planning Board conducted two public hearings, and unanimously approved the desired text change.)
MOTION by Councilor DiSciullo to ADOPT ON FIRST READING THE ORDINANCE ESTABLISHING THE BOARD OF ZONING APPEALS TO CHANGE THE MEMBERSHIP OF THE BOARD TO SEVEN MEMBERS. Second by Councilor Tucker. Motion carried 6-0.
(E) DISCUSSION – Update on Sex Offender Information.
(Editorial History: On May 2, 2005 the City Council requested additional information regarding “The Jessica Lunsford Act” and Chief Reinke provided a summary of the legislation. On the City Council’s request City Attorney Yovanovich prepared a summary of Council’s authority to impose additional restrictions on registered sex offenders.)
Public Comment
Mr. Phil Kostelnick, 121 Channel Court, suggested that ads with the names and pictures of sex offenders be run in the newspapers.
Ms. Barb Cooper, 240 North Collier Boulevard, commented that some utility bills go out of state and not to the tenant.
MOTION by Councilor Tucker to DIRECT STAFF TO INCLUDE THE LIST OF SEX OFFENDERS AND PREDATORS (EACH TIME THERE IS AN ADDITION) WITH WATER UTILITY BILLS. Second by Councilor DiSciullo. Motion carried 6-0.
(F) DISCUSSION – Repeat Violators of City Ordinances.
(Editorial History: On May 2, 2005 Councilor DiSciullo requested, and City Council agreed, to schedule a discussion on the issue of repeat violators to the City’s Codes.)
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Following discussion, The City Council agreed to follow the current expedited process for code enforcement for repeat offenders.
(G) DISCUSSION – Council Participation via Telephone.
(Editorial History: Councilor Tucker requested discussion on allowing absent Councilors to participate in meetings via telephone. City Attorney Yovanovich provided information for consideration.)
Following discussion, The City Council directed the City Manager to further assess the cost and equipment necessary before making a decision on the matter.
(H) DISCUSSION – Mackle Park Spray Park.
(Editorial History: City Council received a preliminary report on the development of the Spray Park at the April 29, 2005 Capital Improvement Program. City Staff has continued working with consultant, Goetz and Stropes, for a design that defines construction costs, material choices, water consumption and operational impacts. The $200,000 original budget to design and build is adequate).
Public Comment
Mr. John Mackelfresh, 361 Rockhill Court, questioned how sanitary a recirculating water system is.
MOTION by Councilor DiSciullo to APPROVE THE CONSTRUCTION OF THE MACKLE PARK WATER SPRAY PARK. Second by Councilor Minozzi. Motion carried 5-1. (Councilor Trotter opposed.)
(I) Award of Contract For North Collier Boulevard Construction Project.
(Editorial History: City Council is asked to consider awarding the construction of one segment of the North Collier Boulevard project to Quality Construction, Inc. They have performed very well on the South Collier Boulevard project and, following multiple meetings, have reached understandings with staff on material, labor, and equipment for the construction of the San Marco Road to Smokehouse Bay Bridge portion of North Collier Boulevard. While the overall estimate for the work to be completed by Quality Construction is unknown at this time, City Staff estimates the roadway portion to be approximately $6,000,000.)
MOTION by Councilor Tucker to AUTHORIZE THE CITY MANAGER TO AWARD A CONTRACT IN THE APPROXIMATE AMOUNT OF $8,750,000 TO QUALITY CONSTRUCTION FOR THE CONSTRUCTION OF THE SAN MARCO ROAD TO SMOKEHOUSE BAY BRIDGE PORTION OF NORTH COLLIER BOULEVARD, SUBJECT TO REVIEW AND FINAL APPROVAL BY THE CITY ATTORNEY. Second by Councilor DiSciullo. Motion carried 6-0.
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(J) RESOLUTION – Public Hearing – Petition V-05-03, Woodward, Pires, and Lombardo, P.A., as agent for Daniel Grant, property owner, requesting a 4.5-foot variance from the required 7.5-foot setback for a boat dock facility on property located at 752 Hull Court.
(Editorial History: This petition was scheduled for public hearing on June 6, 2005 and continued to this meeting at the request of the petitioner. The petitioner owns a 35-foot vessel and states that he does have room to moor the vessel parallel to the seawall, but there is insufficient water dept to allow safe mooring. Staff’s opinion is that a hardship does not exist since there are many lots with similar circumstances. On March 23, 2005 the Planning Board recommended approval of the petition to City Council.)
Mr. Moss read, by title only, the Resolution relating to Petition V-05-03. Each Council member made their ex-parte disclosure; all witnesses were sworn in by the City Clerk.
Representing the petitioner, Mr. Craig Woodward reviewed the petition for the City Council and responded to City Council’s questions.
MOTION by Councilor Tucker to APPROVE PETITION V-05-03. Second by Councilor DiSciullo. Motion failed 3-3. (Councilors Minozzi, Trotter, and Patterson opposed.)
MOTION by Councilor Tucker to RECONSIDER PETITION V-05-03 AT A FUTURE MEETING. Second by Councilor DiSciullo. Motion failed 3-3. (Councilors Minozzi, Trotter, and Patterson opposed.)
MOTION by Councilor Tucker THAT IF APPLICANT FILES ANOTHER PETITION THE CITY WILL WAIVE ALL INTERMEDIATE REQUIREMENTS, SUCH AS FILING FEES, DRAFTING OF THE PETITION AND OBTAINING AN OPINION FROM STAFF. Second by Councilor DiSciullo. Motion passed 4-2. (Councilors Minozzi and Trotter opposed.)
Public Comment (Items not on the Agenda)
Dr. Fay Biles, 1558 Heights Court, complimented Council on their efforts in establishing water block rates.
(K) RESOLUTION – Public Hearings – Petition V-05-04 and Petition V-05-05, Woodward, Pires, and Lombardo, PA, as agent for Frank and Dianne Troester and Martin Frimberger, property owners, requesting a 15-foot variance and a 7.5-foot variance, respectively, from their riparian line setbacks to join docking facilities for properties located at 309 Capistrano Court and 1101 Strawberry Court.
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MOTION by Councilor Tucker to CONTINUE ITEM TO THE AUGUST 1, 2005 CITY COUNCIL MEETING AS REQUESTED BY PETITIONER. Second by Councilor DiSciullo. Motion passed 6-0.
(L) RESOLUTION – Public Hearing – Petition V-05-01, Pat Kaikini, RIBA, representing Greg J. Glover, requesting a 10-foot variance from the required side yard setback of 25-feet to 15-feet, to provide for construction of a new one-story commercial office building located at the southwest corner of Bald Eagle Drive and Elkcam Circle, contiguous to the Marco Island Cemetery and the Marco Church of God.
(Editorial History: Mr. Glover secured a 30-year lease with two renewable 10-year extensions with the Marco Church of God (current property owner of the subject site and adjacent cemetery) in order to develop the site. The subject corner was rezoned from RSF-4 to C-4 in 1998, and due to deed restrictions, the site could not be developed until 2004. The proposed building is designed to compliment existing styles in Town Center. Pedestrian entry and vehicular access and parking are provided. The Planning Board voted unanimously to approve the requested variance at their June 10, 2005 meeting.)
Mr. Moss read, by title only, the Resolution relating to Petition V-05-01. Each Council member made their ex-parte disclosure; all witnesses were sworn in by the City Clerk
MOTION by Councilor Kelber to APPROVE PETITION V-05-01. Second by Councilor DiSciullo. Motion passed 5-1. (Councilor Tucker opposed.)
Recess: 8:20 p.m. to 8:35 p.m. It is noted for the record that the same Councilors were present when the meeting reconvened.
MOTION by Councilor Tucker to SUSPEND THE 9:00 P.M. RULE. Second by Councilor Minozzi. Motion carried 6-0.
(M) DISCUSSION – Appeal of Official Interpretation – Ehlen (Artificial Turf) Issued by Community Development Department.
(Editorial History: On February 4, 2005 Mr. Louis Amato, representing Ed Ehlen, submitted a request to the Community Development Director for an Official Interpretation of the Land Development Code that pertains to the use of artificial turf as a non-organic grower. On March 25, 2005 the Community Development Director rendered an official interpretation. In accordance with Section 30-4(g) of the Marco Island Code of Ordinances, an official interpretation can be appealed to the Board of Zoning Appeals. The City Council acts as the BZA. With Mr. Amato’s appeal he is entitled to a public hearing with the BZA. The BZA shall not be authorized to modify or reject the Community Development Director’s interpretation unless the Board finds the determination is not supported by
substantial competent evidence or that the
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interpretation is contrary to the Comprehensive Plan, the Future Land Use Map, the Code, or the Official Zoning Atlas, whichever is applicable.)
On behalf of the petitioner, Attorney Louis Amato, reviewed the petition and responded to the City Council’s questions.
Councilor Tucker advised City Council that he will abstain from voting because he represents the petitioner in other matters.
MOTION by Councilor DiSciullo to REJECT THE INTERPRETATION OF THE COMMUNITY DEVELOPMENT DIRECTOR BASED ON IT BEING INCONSISTENT WITH THE CODE. Second by Chairwoman Kelber. Motion failed 3-2. (Councilor Tucker abstained.)
COUNCIL COMMUNICATIONS AND DISCUSSION
Chairwoman Kelber commented on her attendance at the Rookery Bay Gulf Alliance. She will provide copies of the Red Tide Brochure she received to Nancy Richie for distribution to the public.
Chairwoman Kelber advised the City Council of an invitation extended to all Councilors to participate in the Model Yacht Club Regatta to be held at Mackle Park in November.
Councilor DiSciullo complimented the Police and Fire Departments on their participation at the “Safety City” program for Island children.
FUTURE AGENDA
Councilor Minozzi requested an item regarding whether members of the public should speak on behalf of another person not in attendance.
PUBLIC COMMENT – (Items Not On the Agenda).
None.
ADJOURN
There being no further business to come before Council, the meeting adjourned at 9:18 p.m.
(signature page to follow)
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Vickie Kelber, Council Chairwoman
Date:
ATTEST:
Laura Litzan, City Clerk
Date:
PREPARED BY:
Lois Gunter, Secretary
Date:
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