THE CITY OF MARCO ISLAND
MINUTES
City Council Meeting – August 1, 2005 – 6:00 p.m.
Chairwoman Kelber called the meeting to order and presided.
ROLL CALL
All Present, except Councilor DiSciullo who was absent.
Also Present: A. William Moss, City Manager
Richard Yovanovich, City Attorney
Bill Harrison, Finance Director
Rony Joel, Public Works Director
Vince Cautero, Community Development Director
Bryan Milk, City Planner
Don Blalock, Zoning Administrator
Dana Souza, Parks and Recreation Director
Roger Reinke, Police Chief
Laura Litzan, City Clerk
Other interested citizens and visitors
INNOVATION AND PLEDGE OF ALLEGIANCE
Father J. Patrick Boyhan, San Marco Catholic Church
APPROVAL OF AGENDA
MOTION by Councilor Tucker TO APPROVE THE AGENDA. Second by Councilor Minozzi. Motion carried 6-0.
APPROVAL OF CONSENT AGENDA
Chairwoman Kelber advised Council that a member of the Public requested more information regarding item 4(F) and that the item will be removed from the Consent Agenda and would be considered by Council as Item 7(I).
(A) Council Minutes for June 20, 2005 (Regular Meeting)
(B) Interlocal Agreement – Fire Services Contract for Goodland
(C) Award of Contract – Bald Eagle Turning Lane
(E) Award of Contract – Selection of a Membrane Vendor for the Wastewater Plant
(G) LCEC Utility Easement
MOTION by Councilor Tucker to APPROVE AND ADOPT THE CONSENT AGENDA, AMENDED TO REMOVE ITEM 4 (F). Second by Councilor Patterson. Motion carried 6-0.
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City Council Minutes for August 1, 2005
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APPROVAL OF SUMMARY AGENDA
(A) ORDINANCE – Second Reading & Public Hearing – Text Amendment to the Land Development Code (LDC) to Establish Board of Zoning Appeals.
(B) RESOLUTION – A Resolution to Appoint City Council as the Board of Zoning Appeals. (Companion Resolution to above Ordinance to Establish Board of Zoning Appeals.)
(C) RESOLUTION – Public Hearing – Petition OPS-05-01 and Petition V-05-09, Joel Moskowitz, as agent for Mark McCauley, owner of “Gulf Island Lock and Safe,” located within the “Marco Lake Business District Overlay,” is requesting two off-premise signs for five businesses located within the “Marco Lake Business District Overlay”, and a variance from the requirement that off-premise signs be constructed of wood with raised or engraved letters, to allow for two back-lit signs to be erected on property located at 1 Front Street (Gulf Island Lock and Safe), Marco Island.
(D) RESOLUTION – Public Hearing – Petition FV-05-01, Dana Souza, City of Marco Island Parks Director, is requesting a variance from the flood-proofing requirement to allow for the construction of a wet flood-proofed restroom and concession shelter at Winterberry Park, located at the northeast corner of Winterberry Drive and Peacock Terrace.
Mr. Moss read, by title only, the Ordinance for Text Amendment to the Land Development Code (LDC) to Establish Board of Zoning Appeals; the Resolution to Appoint City Council as the Board of Zoning Appeals; the Resolution for Petition OPS-05-01; the Resolution for Petition V-05-09; and the Resolution for Petition FV-05-01.
MOTION by Councilor Minozzi to APPROVE AND ADOPT THE SUMMARY AGENDA. Second by Councilor Tucker. Motion carried 6-0.
PRESENTATIONS
(A) Reduction in Flood Insurance Rates.
Community Development Director Vince Cautero advised City Council that the City’s Community Rating System (CRS) score will be lowered from seven to six, and that this change means that property owners will save an additional 5% on their flood insurance premiums.
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BUSINESS
(A) RESOLUTION(S) – Public Hearing (s) – A Resolution to Establish Final Assessment Roll for South Barfield Sewer Assessment District; A Resolution to Establish Final Assessment Roll for Tigertail Sewer Assessment District.
(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 Budget Workshop meeting Council reviewed and supported a septic tank replacement program.)
Mr. Moss read, by title only, the Resolution to Establish Final Assessment Roll for South Barfield Sewer Assessment District and the Resolution to Establish Final Assessment Roll for Tigertail Sewer Assessment District. Finance Director Bill Harrison identified the documents that will be included as part of the official record. Attorney Sam Hamilton from the firm Bryant, Miller and Olive, the City’s bond counsel, attended to respond to Council’s questions.
Public Comment – South Barfield District
Ms. Susan Canterbury, 1596 Shores Court (not in district) feels the cost is too high and taxes are too high.
Mr. Richard Robinson, 740 Collier Boulevard North, feels the concept is correct, that the environment is good and that it will increase the value of property. He noted, however, that the cost estimates provided by the consultants have gone up substantially and recommends getting detail.
Mr. Walter Jaskiewicz, 420 South Barfield, questioned what a homeowner should do if he has two septic tanks and monthly maintenance fees, also the total cost for hardship cases.
Mr. John Freehafer, 1746 Dogwood Drive, feels water bills are going to quadruple and cost more than what is being shown.
Mr. Sal Sciarrino, 911 Montego Court, expressed concern about what he was charged in 1982.
Mr. Peter Piro, 701 Inlet Drive, voiced his preference to wait until later to install sewers and that the strong economy is responsible for the increased property values, not the sewer installations.
Ms. Michelle Hurtley, 121 South Bahama Avenue, agrees that there is a need for the sewer installations, but expressed concern about the cost.
Mr. Bob Smid, 950 Ruby Court, stated that he feels a global plan is needed for the Island. He also questioned who paid for the original sewer treatment facility and if the condos pay their full share toward cost.
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Mr. Herb Savage, 816 Elkcam Circle, questioned how many waterway homes have been affected by septic drain fields. He feels the earth is the best filter and the process is necessary.
Mr. Phil Kostelnik, 121 Channel Court, advised the City Council that the first cost numbers he heard were in the range of $10,000. He feels future assessments should be capped.
Mr. George Willis, 1281 Mimosa Court, expressed concern regarding the increase from $10,000 to $20,000 and suggested that the real cost is $35,000.
Mr. Bob Hopp, 951 Ivory Court, expressed concern about the increasing costs and stated that perhaps the City should slow down.
Mr. Bill McMullan, 1250 North Collier Boulevard, stated that he has not seen any reports about problems with septic tanks and he doesn’t see the need.
Public Comment – Tigertail District
Mr. Ken Honecker, 632 Dorando Court, reminded the City Council of the $10,000 number and asked what happened. He questioned why ad valorem taxes are not being used.
Mr. Doublas Enman, 701 Nautilus Court, indicated that he sent 25 questions to the City Council and City Staff and that all were answered. He then questioned some of the line items shown in the cost estimate.
Ms. Fran Enman, 701 Nautilus court, stated that she feels it is wrong that ‘guesstimates’ are being used and that the actual bottom line should be determined.
Mr. Joe Vassel, 592 Tigertail Court, asked why the expansion of the facility isn’t being done first.
Mr. Joe Sustersic, 695 Tigertail Court, questioned why Tract K is being excluded, or if they have been assessed.
Mr. Len Henderson, 686 Thrush Court, commented that part of this expense should be taken care of with long terms bonds.
Mr. Irv Paulo, 657 Dorando Court, stated that he has the choice now to put in sewer or septic tank and explained why he has elected to wait for sewer.
Mr. Ed Shearon, 778 Plantation Court, agreed with others on the cost, stating that there is too much on the City’s plate right now.
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Ms. Bonnie Brennan, 630 Lewis Court, stated that she is reeling as an ordinary person and wonders how she will afford to pay for this. She stated that she is not the only one in this situation.
Mr. Ray Paret, 665 Crescent Street, suggested that unless we are mandated to do this sewer project it should be tabled.
Mr. Amadeo Petricca, 331 Regatta Street, suggested that the costs for the Island should be shared.
MOTION by Councilor Tucker to CLOSE THE PUBLIC HEARING REGARDING THE SOUTH BARFIELD AND TIGERTAIL ASSESSMENTS DISTRICTS. Second by Councilor Minozzi. Motion carried 6-0.
MOTION by Councilor Arceri to APPROVE THE RESOLUTION TO ESTABLISH THE FINAL ASSESSMENT ROLL FOR THE SOUTH BARFIELD SEWER ASSESSMENT DISTRICT. Second by Councilor Minozzi. Motion carried 6-0.
MOTION by Councilor Minozzi to APPROVE THE RESOLUTION TO ESTABLISH THE FINAL ASSESSMENT ROLL FOR THE TIGERTAIL SEWER ASSESSMENT DISTRICT. Second by Councilor Tucker. Motion carried 6-0.
Recess: 8:07 p.m. to 8:25 p.m. It is noted for the record that the same Councilors were present when the meeting reconvened.
Public Comment (Items not on the Agenda)
Mr. Ken Honecker, 632 Dorando Court, requested clarification on the State Statute that disallows the assessment of Tract K for sewer improvements.
Mr. Sal Sciarrino, 911 Montego Court, questioned what the City Council is doing to get our “fair share” from the Sheriff’s Department, and why the end of the Jolley Bridge is being used as a “dump” for concrete.
Mr. Bill McMullan, 1250 North Collier Boulevard, expressed his opinion on the proposed Waterways Ordinance.
(B) RESOLUTION – Public Hearing – Petition V-05-04 and Petition V-05-05, Woodward Pires and Lombardo, P.A., as agent for Frank and Dianne Troester and Martin Frimberger, property owners, requesting 15-foot variances and 7.5-foot variances, respectively, from their riparian line setbacks to join docking facilities on properties located at 309 Capistrano Court and 1101 Strawberry Court, Marco Island.
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On behalf of the Petitioner, Attorney Craig Woodward requested that this item be continued and heard no sooner than the September 6, 2005 meeting.
MOTION by Councilor Tucker to GRANT CONTINUANCE TO FUTURE MEETING, NO SOONER THAN SEPTEMBER 6, 2005 CITY COUNCIL MEETING, AS REQUESTED BY PETITIONER. Second by Vice-Chairman Arceri. Motion passed 4-2. Councilor Minozzi and Councilor Trotter opposed.
(C) RESOLUTION – Public Hearing – Petition V-05-10, 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 docking facility on property located at 752 Hull Court, Marco Island.
On behalf of the Petitioner, Attorney Craig Woodward requested that this item be continued and heard no sooner than the September 6, 2005 meeting.
MOTION by Councilor Tucker to GRANT CONTINUANCE TO FUTURE MEETING, NO SOONER THAN SEPTEMBER 6, 2005 CITY COUNCIL MEETING, AS REQUESTED BY PETITIONER. Second by Vice-Chairman Arceri. Motion passed 4-2. Councilor Minozzi and Councilor Trotter opposed.
(D) RESOLUTION – Public Hearing – An appeal by Mr. and Mrs. Steven Schottland challenging the approval of Petition BD-05-06 (property owner Robert Ohlman) by the Marco Island Planning Board, which granted a 17-foot extension from the maximum permitted 20-foot protrusion into the waterway to allow for a 30-foot boat docking facility on property located at 751 Rockport Court, Marco Island.
(Editorial History: On May 20, 2005 the Planning Board voted 3-2 to approve petition BD-05-06 for a 17-foot extension from the 20-foot maximum protrusion into the waterway for a boat docking facility at 751 Rockport court with the condition that the petitioner re-design the boat dock so that a four-foot wide finger dock would wrap around the 42-foot vessel reducing the amount of protrusion near lot 22. The re-design was submitted at the June 10, 2005 Planning Board Meeting and approved by a vote of 5-0. Mr. and Mrs. Schottland, the next door neighbors to the south at 761 Rockport, exercised their right to appeal the Planning Board’s decision to the City Council who will act as the Board of Zoning Appeals in the matter.)
Attorney Sam Gold, representing Mr. and Mrs. Steven Schottland, reviewed the appeal and responded to the City Council’s questions. Mr. Schottland explained his concerns about the safety of docking his boat.
Representing Mr. Robert Ohlman, Attorney Craig Woodward reviewed the petition for the City Council and responded to City Council’s questions.
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MOTION by Councilor Tucker to DENY THE APPEAL AND AFFIRM THE DECISION OF THE PLANNING BOARD. Second by Councilor Minozzi. Motion passed 6-0.
MOTION by Councilor Tucker to SUSPEND THE 9:00 P.M. RULE. Second by Councilor Trotter. Motion carried 6-0.
(E) RESOLUTION – State Revolving Fund.
(Editorial History: The State of Florida has a low interest loan program that is able to offer loan funds to local municipalities at approximately 60% of the prevailing interest rate. The City is proposing the firm of Angie Brewer & Associates to assist the City in meeting the plan requirements for eligibility for these funds. This firm will assist with the requirements for the wastewater planning process including the facilities plan and capital financing plan in the amount not to exceed $235,000. The second proposal for an amount not to exceed $100,000 is for the preparation and negotiations with the State on the Request or Inclusion and preparation for loan applications.)
Mr. Moss read, by title only, the Resolution relating to the State Revolving Fund.
MOTION by Councilor Minozzi to APPROVE THE RESOLUTION AUTHORIZING THE APPLICATION FOR FUNDS FROM THE STATE REVOLVING LOAN FUND AND APPROVAL OF TWO PROPOSALS FROM ANGIE BREWER & ASSOCIATES IN THE AMOUNT NOT TO EXCEED $235,000 AND $100,000 FOR ASSISTANCE IN THE PLANNING AND APPLICATION PROCESS . Second by Vice-Chairman Arceri. Motion carried 6-0.
(F) DISCUSSION – Designated Smoking Areas for Parks.
(Editorial History: Following the October 4, 2004 City Council approval of the Parks Rules Ordinance that proposed all tobacco products be prohibited from City owned parks, City Council asked the Parks and Recreation Advisory Committee to identify areas in the parks that can serve as “Designated Smoking Areas.” )
Public Comment
Mr. Bill McMullan, 1250 North Collier Boulevard, commented on a recent article on second hand smoke and children.
Following discussion the City Council directed that this Ordinance be brought back for First Reading.
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(G) DISCUSSION – An Ordinance to Establish New Administrative Code.
(Editorial History: On June 8, 2005 Governor Bush signed Senate Bill 442, establishing a new Florida Building Code effective October 1, 2005. Florida Statutes allow municipalities to make amendments to their building codes provided they are not less stringent than the minimum code requirements established by the State. Adoption of a new administrative code prior to October 1, 2005 will benefit the City by allowing for a smooth transition when the new code becomes effective and will avoid a requirement to send new administrative code amendments to the Department of Community Affairs for review.)
Following discussion, The City Council directed that this Ordinance be brought back for first reading on August 15, 2005.
(H) DISCUSSION – Public Speakers on Behalf of Others.
(Editorial History: On June 20, 2005 Councilor Minozzi requested, and City Council agreed, to schedule a discussion regarding whether a member of the public should be allowed to speak on behalf of another person not in attendance.)
Public Comment
Dr. Fay Biles, 1588 Heights Court, commented that she sees nothing wrong with reading letters from others.
Mr. Bill McMullan, 1250 North Collier Boulevard, commented that the City Council should allow the four minutes to speak on any topic.
Following discussion, The City Council agreed that no action would be taken on this matter.
(J) DISCUSSION – Award of Contract – Wastewater Treatment Plant Centrifugal Blowers.
(Editorial History: The Marco Island Utility Wastewater Plant at Windward Drive needs to replace the existing three centrifugal blowers that provide all the air needed for the various treatment vessels. Three bids were received with the lowest bid coming from Hibon, Inc. for $113,091. Accommodations for scheduling, installation and startup will reduce the price.)
MOTION by Councilor Tucker to APPROVE AWARD OF CONTRACT OF $110,726 TO BOC EDWARDS HIBON, INC. FOR THREE NEW BLOWERS. Second by Councilor Patterson. Motion passed 6-0.
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COUNCIL COMMUNICATIONS AND DISCUSSION
Chairwoman Kelber reviewed for the City Council the schedule of Public Hearings for the proposed Waterways Ordinance.
Chairwoman Kelber advised those present that questions from the audience often cannot be answered without additional research or information, and that City Staff will follow-up on any such issues.
Vice-Chairman Arceri stressed that the City Council will need to communicate the “final” cost of sewers to the Community.
Vice-Chairman Arceri expressed concern that when inaccurate information is voiced by members of the public, City Council does not respond to correct the misinformation. He recommends that in the future misinformation be corrected.
FUTURE AGENDA
Chairwoman Kelber requested a discussion on requiring the posting of some common ordinance, i.e. “lights out for turtle nesting season,” for condominiums or rental properties.
PUBLIC COMMENT – (Items Not On the Agenda).
Mr. Bill McMullan, 1250 North Collier Boulevard, commented on how misconceptions are created and the unfortunate rhetoric that results.
Dr. Fay Biles, 1588 Heights Court, commented on the City Council’s communication with the public.
ADJOURN
There being no further business to come before Council, the meeting adjourned at 10:10 p.m.
(Signature Page to Follow)
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City Council Minutes for August 1, 2005
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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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