THE CITY OF MARCO ISLAND
MINUTES
City Council Meeting – September 6, 2005 – 6:00 p.m.
Chairwoman Kelber called the meeting to order and presided.
ROLL CALL
All Present except Councilor Patterson who was absent. (Councilor DiSciullo arrived at 6:55 p.m.)
Also Present: A. William Moss, City Manager
Rich Yovanovich, City Attorney
Bill Harrison, Finance Director
Vince Cautero, Community Development 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
Chairwoman Kelber requested a moment of silence be observed for the victims of Hurricane Katrina. Reverend Ron Biel, Marco Island Lutheran Church, delivered the Innovation and the Pledge of Allegiance.
APPROVAL OF AGENDA
MOTION by Councilor Minozzi TO APPROVE THE AGENDA. Second by Councilor Tucker. Motion carried 5-0.
APPROVAL OF CONSENT AGENDA
(A) Council Minutes for August 15, 2005 (Budget Workshop Meeting)
(B) Council Minutes for August 15, 2005 (Regular Meeting)
(C) Award of Contract – Bald Eagle Drive Turning Lane
(D) Award of Contract – Vacuum Truck
(E) Grant of Utility Easement to LCEC
(F) Fire-Rescue Labor Agreement
MOTION by Councilor Tucker to APPROVE AND ADOPT THE CONSENT AGENDA. Second by Councilor Minozzi. Motion carried 5-0.
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SUMMARY AGENDA
(A) ORDINANCE – Second Reading and Public Hearing – An Ordinance to Establish New Administrative Code
(B) RESOLUTION – Ad Valorem Tax Bill Collection of Sewer Assessments
(C) RESOLUTION – A Resolution to Amend Racquet Center Fees
Mr. Moss read, by title only, the Ordinance to Establish a New Florida Building Code; the Resolution Relating to the Ad Valorem Tax Bill Collection of Sewer Assessments; and the Resolution Amending Racquet Center Fees.
MOTION by Councilor Minozzi to APPROVE AND ADOPT THE SUMMARY AGENDA. Second by Vice-Chairman Arceri. Motion carried 5-0.
BUSINESS
(A) PUBLIC HEARINGS – Millage Rates and Budgets:
· ORDINANCE - First Reading & Public Hearing - An Ordinance Determining and Fixing the 2005 Tax Levy and Millage Rate for the City of Marco Island, Exclusive of Dependent Taxing Districts, for the Fiscal Year Commencing October 1, 2005 and Ending September 30, 2006.
· ORDINANCE – First Reading & Public Hearing – An Ordinance Determining and Fixing the 2005 Tax Levy and Millage Rate for the Hideaway Beach Special Taxing District for the Fiscal Year Commencing October 1, 2005 and Ending September 30, 2006.
· 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, 2005 and Ending September 30, 2006.
· 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, 2005 and Ending September 30, 2006.
(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 that 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.)
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Following an explanation of “TRIM” legislation, Finance Director Bill Harrison read, by title only, the Ordinance Determining and Fixing the 2005 Tax Levy and Millage Rate for the City of Marco Island, Exclusive of Dependent Taxing Districts, for the Fiscal Year Commencing October 1, 2005 and Ending September 30, 2006. He announced that the Total Assessed Valuation of Real and Personal Property is $9,499,605,800; 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 $13,022,535 (1.4430 mils) and Voted Debt Service in the amount of $857,339 (0.0950 mils); that the current year’s
roll-back rate is 1.2096 mils; and the increase in the millage rate over the roll-back rate is 27.12%.
Public Comment
Mr. Richard Bowers, 473 Adirondack Court, feels that it is not a tax deduction if you reduce the millage and shift it to sewer assessment.
Mr. Bill McMullan, 1250 North Collier Boulevard, feels 1.358 is a better option for the millage rate.
MOTION by Vice-Chair Arceri to ADOPT ON FIRST READING THE ORDINANCE DETERMINING AND FIXING THE 2005 TAX LEVY AND MILLAGE RATE AT 1.538, EXCLUSIVE OF DEPENDENT TAXING DISTRICTS, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2005 AND ENDING SEPTEMBER 30, 2006. Second by Councilor Tucker. Motion carried 5 – 0.
Mr. Harrison read, by title only, the Ordinance Determining and Fixing the 2005 Tax Levy and Millage Rate for the Hideaway Beach Special Taxing District for the Fiscal Year Commencing October 1, 2005 and Ending September 30, 2006. He announced that the Total Assessed Valuation of Real and Personal Property is $513,954,789; that the operating tax levy and millage rate for the Hideaway Beach Special Taxing District hereby is fixed and determined to be l.7500 mils; that making allowances for tax delinquents, discounts and losses therein, reflect Hideaway Beach Special Taxing District operations in the amount of $854,450 (1.7500 mills).
MOTION by Councilor Minozzi to ADOPT ON FIRST READING THE ORDINANCE DETERMINING AND FIXING THE 2005 TAX LEVY AND MILLAGE RATE FOR THE HIDEAWAY BEACH SPECIAL TAXING DISTRICT AT 1.7500 MILLS, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2005 AND ENDING SEPTEMBER 30, 2006. Second by Councilor Tucker. Motion carried 5 – 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, 2005 and Ending September 30, 2006. He announced that
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the Total Assessed Valuation of Real and Personal Property is $9,499,605,800; that budget for the City of Marco Island, exclusive of Dependent Taxing Districts, a summary of which is attached as Exhibit “A” and made a part hereof, for the fiscal year commencing October 1, 2005 and ending September 30, 2006 is hereby adopted; and that the total appropriations are as follows: General Fund $12,633.144; Debt Service Fund $1,325,264; Capital Projects Fund $9,544,000; Building Services Fund $712,679; Utility Fund $47,413,289; Recreation Fund $139,362; Electric Franchise Fund $4,785,200; Self-Insurance Fund $786,841; Total Appropriation Budget $77,339.779.
Public Comment
Mr. Ron Oister, 960 Cape Marco Drive, expressed concern about the C.O.L.A. in the Utility Budget.
MOTION by Vice-Chair Arceri to ADOPT ON FIRST READING THE ORDINANCE ADOPTING THE FINAL BUDGET FOR THE CITY OF MARCO ISLAND, EXCLUSIVE OF DEPENDENT TAXING DISTRICTS, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2005 AND ENDING SEPTEMBER 30, 2006. Second by Councilor Minozzi. Motion carried 5 – 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, 2005 and Ending September 30, 2006. He announced that the Hideaway Beach Special Taxing District budget is $771,597. There was no public comment.
MOTION by Councilor Minozzi 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, 2005 AND ENDING SEPTEMBER 30, 2006. Second by Councilor Tucker. Motion carried 5 – 0.
(B) ORDINANCE – First Reading – Budget Re-Appropriation.
(Editorial History: The approved budget from September 2004 can only be amended by a re-appropriation ordinance and any budget amendment must comply with the Spending Cap. The changes significant from the 2004-2005 budget add unexpended capital project funds including South Collier Boulevard re-building and the completion of the Barfield Drive bridge; transferring approximately $8 million in funds borrowed as part of the bond issue to finance the utility acquisition; self-insure a greater portion of property, liability, and workers’ compensation loss exposure; and approval of a new 5% electric bill franchise fee fund to account for the receipt and disbursement of the funds.)
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Finance Director Bill Harrison read, by title only, an Ordinance Amending the Budget for the Fiscal Year Commencing October 1, 2004 and Ending September 30, 2005.
MOTION by Councilor Tucker to ADOPT ON FIRST READING THE ORDINANCE AMENDING THE BUDGET FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2004 AND ENDING SEPTEMBER 30, 2005. Second by Vice-Chairman Arceri. Motion carried 5-0.
(C) ORDINANCE – First Reading – An Ordinance Amending Park Rules by Adding Designated Smoking Areas.
(The City Council directed City staff to change wording in the Park Rules Ordinance to give the City Council authorization to establish the locations for “Designated Smoking Area” by resolution. A proposed amendment has been prepared that has been reviewed and approved by the City Attorney for form and legality.)
Mr. Moss read, by title only, an Ordinance amending park rules by adding designated smoking areas.
Public Comment
Mr. Bill McMullan, 1250 North Collier Boulevard, commented that he feels that there should be no smoking in public parks.
MOTION by Councilor Minozzi to ADOPT ON FIRST READING THE ORDINANCE AMENDING ORDINANCE 04-19, “ESTABLISHING RULES FOR THE USE OF CITY OWNED PARKS” BY ADDING SECTION 3 (t) “TOBACCO PRODUCTS”. Second by Councilor DiSciullo. Motion passed 6-0.
(D) ORDINANCE – First Reading – Sidewalk Ordinance
(In 1999 City Council approved Ordinance 99-2 that required property owners to maintain sidewalks in the public rights-of-way adjacent to their property. This Ordinance amends that code and will serve to protect the City’s self-insurance program by transferring the liability to the property owner causing the danger.)
Mr. Moss read, by title only, an Ordinance requiring property owners to maintain sidewalks in the public rights-of-way adjacent to their property.
Public Comment
Mr. Richard Bowers, 473 Adirondack Court, commented about the “metal plates” from the water company that have rusted.
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MOTION by Vice-Chair Arceri to ADOPT ON FIRST READING THE ORDINANCE TO AMEND CHAPTER 42, ARTICLE II, PERTAINING TO SIDEWALKS, AMENDED TO INCLUDE THE ESTABLISHMENT OF AN ADMINISTRATIVE BOARD TO HEAR APPEALS. Second by Councilor Trotter. Motion passed 6-0.
(E) DISCUSSION – New Fee Schedule for Development Review and Permitting Services.
(During the August 15, 2005 budget workshop the City Council discussed proposed changes to the fee schedule for development review and permitting services. Community Development prepared an analysis of average staff time and used an hourly rate plus the 25% benefit allowance to calculate the fees for the City Council to consider.)
Following discussion, Council directed that Staff review the fees and prepare an Ordinance for Council’s consideration.
(F) DISCUSSION – Irrigation Restrictions and Sidewalk Encroachments.
(During the August 15, 2005 FY2006 budget workshop the City Council agreed to discuss irrigation restriction and sidewalk encroachment regulations pertaining to Code Compliance. The Community Development Director provided background information.)
Public Comment
Mr. Bill McMullan, 1250 North Collier Boulevard, suggested that flexibility be given to citizens with respect to irrigation times.
Mr. Dana Souza, 560 Century Drive, commented on the citizen reporting system that can be used to report sidewalk encroachments.
Ms. Barbara Johnson, 573 Gold Coast Court, advised the City Council that as a Realtor she gets calls about sidewalk obstructions.
Mr. Ron Oister, 960 Cape Marco Drive, commented on a water main leak observed at Veracruze.
Following discussion, Council agreed to support staff’s efforts to gain compliance for irrigation restrictions and sidewalk encroachments by streamlining the code enforcement process to eliminate multiple “warnings” and begin “fining” repeat offenders.
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Public Comment (Items not on the Agenda)
Phil Kostelnik, 121 Channel Court, suggested that laws should be passed to prohibit cell phone usage while driving.
Recess: 8:15 p.m. to 8:30 p.m. It is noted for the record that the same Councilors were present when the meeting reconvened.
(G) DISCUSSION – Council Participation via Telephone.
(During the June 20, 2005 City Council meeting the City Council deliberated on whether absent Councilors should be allowed to participate in meetings via telephone or other similar electronic means. A cost estimate was prepared by Scientific Sound Systems.)
Following discussion, the City Council agreed to not purchase the equipment.
MOTION by Councilor Tucker to SUSPEND THE 9:00 P.M. RULE. Second by Councilor DiSciullo. Motion carried 6-0.
(H) DISCUSSION – City Manager Annual Performance Review.
(The City Council agreed over the past years to conduct the City Manager’s performance review in September and asked the City Manager to provide a summary of accomplishments and a performance-based self-assessment.)
Public Comment
Mr. Ron Oister, 960 Cape Marco Drive, commented that it “boggles his mind” that the City Manager can write his own evaluation.
Mr. Kjell Pettersen, 350 Rockhill Court, expressed that he has been disappointed in the last year by information provided to the public and the cost of City services.
Mr. Sal Sciarrino, 911 Montego Court, complimented Council on its efforts.
Ms. Rose Patterson, 342 Henderson Court, stated she is proud of the accomplishments and seconded all of Council’s comments.
MOTION by Councilor Tucker to INCREASE THE CITY MANAGER’S SALARY 10%, ADJUST THE ANNIVERSARY DATE TO SEPTEMBER 1 OF EACH YEAR FOR FUTURE SALARY ADJUSTMENTS, AND PAY THE CITY MANAGER A $10,000 BONUS. Second by Councilor Minozzi. Motion carried 6-0.
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Council Communications AND DISCUSSION
Chairwoman Kelber congratulated Parks and Recreation Director Dana Souza and the entire Parks and Recreation staff, on a successful “Simply Silly Celebration.”
Vice-Chair Arceri advised Council that he requested that LCEC review why it took so long to restore power during the recent 11-hour power outage.
Councilor Minozzi advised the City Council that Judy Perez is organizing an Island-wide effort to send financial relief to the area devastated by Hurricane Katrina. He suggested that City Council consider making a donation.
Councilor DiSciullo suggested that a workshop with our “first responders” is needed to gauge the effectiveness of our emergency plans.
Councilor DiSciullo questioned the state of the work on Bald Eagle Drive. Public Works Director Rony Joel responded to City Council’s questions regarding the project.
Councilor Trotter advised the City Council that representatives of MICA suggested that the City obtain a written “right of first refusal” with respect to a future purchase of the Marco River Marina.
Chairwoman Kelber commented that she has heard “misinformation” being disseminated regarding when Council made the decision to underground power lines. She reviewed the dates and times that the City Council discussed the matter.
Future Agenda
Councilor DiSciullo suggested that Council consider whether the reserves in the Building Services Fund be used to defray the cost of Island-wide sewers. The City Council agreed to consider this suggestion, along with other ideas of using ad valorem taxes towards expansion of the sewer treatment facility, at a special-called meeting to be held at 4:00 p.m. on September 19, 2005.
Councilor Arceri requested that Council discuss the request of support from the Historical Society for a donation to construct a building.
Councilwoman Kelber requested that the matter of restricting cell phone usage while driving be discussed.
Public Comment
None
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ADJOURN
There being no further business to come before Council, the meeting adjourned at 9:55 p.m.
Vickie Kelber, Council Chairwoman
Date:
ATTEST:
Laura Litzan, City Clerk
Date:
PREPARED BY:
Lois Gunter, Secretary
Date:
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