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August 15, 2005 Minutes
THE CITY OF MARCO ISLAND
MINUTES
 
City Council Meeting – August 15, 2005 – 6:00 p.m.
Chairwoman Kelber called the meeting to order and presided.


ROLL CALL

All Present

Also Present:   A. William Moss, City Manager
Greg Urbancic, City Attorney
Bill Harrison, Finance Director
Rony Joel, Public Works Director
Dana Souza, Parks and Recreation Director
Roger Reinke, Police Chief
Michael Murphy, Fire Chief
                        Laura Litzan, City Clerk
                        Other interested citizens and visitors                  


INNOVATION AND PLEDGE OF ALLEGIANCE

By:  Councilor Glenn Tucker


APPROVAL OF AGENDA

MOTION by Councilor DiSciullo TO APPROVE THE AGENDA. Second by Councilor Minozzi.  Motion carried 7-0.


APPROVAL OF CONSENT AGENDA

(A)       Council Minutes for August 1, 2005 (Regular Meeting)
(B)       Award of Contract – Roadside Border Landscaping
 
MOTION by Councilor Minozzi to APPROVE AND ADOPT THE CONSENT AGENDA.  Second by Councilor Tucker.   Motion carried   7-0.


BUSINESS

(B)     ORDINANCE – First Reading – New Administrative Construction Code.

(Editorial History:   On August 1, 2005 the City Council discussed a new administrative construction code.  On June 8, 2005 Governor Jeb Bush signed Senate Bill 442, as amended, establishing a new Florida Building Code that becomes effective October 1, 2005.  Florida Statue allows municipalities to make amendments
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City Council Minutes for August 15, 2005
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provided they are not less stringent than the minimum code requirements established by the State.  Adopting a new code prior to October 1 will benefit the City by allowing for a smooth transition as the new building code becomes effective and the City will avoid being required to send new administrative code amendments to the Department of Community Affairs for review.)
 
Mr. Moss read, by title only, the Ordinance to establish a New Administrative Construction Code.  

MOTION by Councilor Minozzi to ADOPT ON FIRST READING THE ORDINANCE TO ESTABLISH A NEW ADMINISTRATIVE CONSTRUCTION CODE.  Second by Councilor DiSciullo.  Motion carried 7-0.  


 (C)    DISCUSSION – Appointment to the Waterways Advisory Committee.  

(City Code provides that members of advisory committees serve two-year terms with each City Council member reserving the right to appoint one member subject to the City Council accepting or rejecting the recommendation.  Waterways Advisory Committee Member Preston Mottram moved from the area and resigned his appointment that was to expire June 1, 2006.  Councilor Arceri recommends the appointment of Mr. Darrin Palumbo.)

MOTION by Vice-Chairman Arceri to APPOINT MR. DARRIN PALUMBO TO THE WATERWAYS ADVISORY COMMITTEE.  Second by Councilor DiSciullo.  Motion passed 7-0.  


(A)     RESOLUTION – Public Hearing – Water and Wastewater Utility Rates.

(Editorial History:   Following the acquisition of the Utility System in November 2003 an assessment of assets and a long-term master plan was initiated.  MWH Consulting Engineers advised to immediately initiate a water conservation program.  A recommended rate structure was presented in April 2004, with modifications to the proposed rates and the modified rates presented to City Council on January 31, 2005.   City Council authorized a public hearing on May 16, 2005 and asked City Staff to prepare a revised structure recognizing variation in lot sizes and their irrigation requirements.  The public hearing was continued until August 15, 2005.)  

Mr. Moss read, by title only, the Resolution to Adopt Water and Wastewater Rates.

Public Comment

Mr. Steve Fleisher, no address, commented that he believes the Block Rate Structure is unfair.


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Mr. Amadeo Petricca, 340 Regatta Street, commented that he has notified Code Enforcement many times regarding violations of watering restrictions.

Mr. Edward Foster, 1952 San Marco Road, stated that he does not feel that the Block Water Rates are correct.

Ms. Irene Horowitz, 133 Shorecrest Court, explained how the Block Rates affect her.

Mr. Ron Oister, 960 Cape Marco Drive, commented on how condominium properties are different from each other.

Mr. Tim Eiszner, 1587 Jamaica Court, expressed concern about individuals who have second meters for irrigation.

Mr. Mike Callahan, 1741 Wavecrest Court, questioned whether this is a carry-forward for unused water.

Mr. Victor Rios, 970 Cape Marco Drive #508, stated that the inequity defies logic.

Mr. Richard Bergmann, 980 Cape Marco Drive #603, suggested that a separate utility board be established.

Mr. Scott Schilke, 1299 Winterberry Drive, expressed concern that the commercial accounts have been excluded and they are the biggest water users.

Attorney Sam Gold advised Council that a group of condominium managers has organized and he is their legal representative.

Mr. Scott Mello, President of CAMMI (Condominium Association of Marco Island) advised that Al Diaz will speak as an advocate.

Mr. Al Diaz, 1289 Fruitland Avenue, spoke as an advocate and spoke favorably of cooperation with the City on the implementation of condo rates.

Mr. Jim Eisner, Manager of Sandpiper Condo, requested that the City Council consider only passing the first part of the increase of the condo block rate.

Mr. Ron Oister, 960 Cape Marco Drive, spoke in opposition to the condominium master meter structure.

Mr. Richard Bergmann, 980 Cape Marco Drive #603, commented on the cost of the reuse water and that the “Country Clubs” are getting the deals.



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MOTION by Councilor Tucker to APPROVE THE RESOLUTION AMENDING THE UTILITY RATE SCHEDULE TO ORDINANCE 2003-19, MODIFIED TO DIVIDE THE IMPLEMENTION OF THE MASTER METER RATE CHANGE IN TWO INCREMENTS, THE FIRST HALF EFFECTIVE JANUARY 2006 AND THE SECOND HALF EFFECTIVE OCTOBER 2006.  Second by Councilor Minozzi.  Motion carried 7-0.  


Recess:  8:55 p.m. to 9:10 p.m.  It is noted for the record that the same Councilors were present when the meeting reconvened.


MOTION by Councilor Minozzi to SUSPEND THE 9:00 P.M. RULE.  Second by Councilor DiSciullo.  Motion carried 5-2.  Councilor Tucker and Councilor Trotter opposed.


Public Comment (Items not on the Agenda)

Mr. Sal Sciarrino, 911 Montego Court, thanked the City Council for their efforts.

Mr. Bill McMullan, 1250 North Collier Boulevard, advised the City Council that he and others are gathering information on “public opinion” regarding the Waterways Ordinance.


COUNCIL COMMUNICATIONS AND DISCUSSION

Councilor Patterson inquired whether the City Council would be interested in revisiting the issue of an Island K-12 School.  Council members declined to add the topic to a future agenda at this time.


FUTURE AGENDA

Councilor Minozzi requested that the topics of a Beautification MSTU and a Code Enforcement Enterprise Fund be included in a future agenda.

Councilor DiSciullo requested that the topic of Enforcing Water Restriction Violations be included in a future agenda.


ADJOURN

There being no further business to come before Council, the meeting adjourned at 9:30 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:                                           


City of Marco Island 50 Bald Eagle Drive, Marco Island, FL 34145
Phone: 239-389-5000 Fax: 239-389-4359