THE CITY OF MARCO ISLAND
MINUTES
City Council Meeting – September 19, 2005 – 6:30 p.m.
Chairwoman Kelber called the meeting to order and presided.
ROLL CALL
All Present
Also Present: A. William Moss, City Manager
Rich Yovanovich, City Attorney
Bill Harrison, Finance Director
Vince Cautero, Community Development Director
Bryan Milk, City Planner
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
PLEDGE OF ALLEGIANCE
Ms. Vickie Kelber, Chairwoman of Marco Island City Council
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 September 6, 2005 (Regular Meeting)
(B) Award of Contract – Membranes for Wastewater Treatment Plant
(C) Award of Contract – Support Services for Membranes for Wastewater Treatment Plant
(D) Request from American Cancer Society to Use Mackle Park for “Relay for Life”
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MOTION by Councilor DiSciullo to APPROVE AND ADOPT THE CONSENT AGENDA, AMENDED TO CORRECT MINUTES. Second by Councilor Minozzi. Motion carried 7-0.
SUMMARY AGENDA
(A) ORDINANCE - Second Reading & Public Hearing – Budget Re-Appropriation Ordinance.
(B) ORDINANCE – Second Reading & Public Hearing – An Ordinance Amending Parks Rules by Adding Designated Smoking Areas.
Mr. Moss read, by title only, the Budget Re-Appropriation Ordinance, and the Ordinance Amending Parks Rules by Adding Designated Smoking Areas.
MOTION by Councilor Minozzi to APPROVE AND ADOPT THE SUMMARY AGENDA. Second by Vice-Chairman Arceri. Motion carried 7-0.
PRESENTATIONS
(A) Punt, Pass and Kick Competition – Trophy Presentation
On behalf of the City Council, Chairwoman Kelber and Parks and Recreation Director Dana Souza, presented trophies to the winners of the NFL Pepsi Punt, Pass and Kick Competition.
Boys 8-9 Years Old Gregory Trzyna 56.44 Yards
Boys 10-11 Years Old Kyle Mitchusson 60.72 Yards
Boys 12-13 Years Old Ben Jean 80.6 Yards
Boys 14-15 Years Old Peter Jean Balan 89.8 Yards
Girls 12-13 Years Old Sierra Hauk 54.2 Yards
Girls 14-15 Years Old Ashlee Machado 38.57 Yards
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BUSINESS
(A) PUBLIC HEARINGS – Millage Rates and Budgets:
· ORDINANCE – Second Reading & Public Hearing – An Ordinance Determining and Fixing the 2005 Tax Levy and Millage Rate for the City of Marco Island.
· ORDINANCE – Second Reading & Public Hearing – An Ordinance Determining and Fixing the 2005 Tax Levy and Millage Rate for the Hideaway Beach Special Taxing District.
· ORDINANCE – Second Reading & Public Hearing – An Ordinance Adopting the Final Budget for the City of Marco Island, for the Fiscal Year Commencing October 1, 2005 and Ending September 30, 2006.
· 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, 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. The Ordinances were approved on first reading at Public Hearing held on September 6, 2005.)
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 City of Marco Island
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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%.
MOTION by Councilor Patterson to ADOPT ON SECOND READING THE ORDINANCE DETERMINING AND FIXING THE 2005 TAX LEVY AND MILLAGE RATE, AMENDED TO LOWER THE MILLAGE RATE TO 1.3875. Second by Vice-Chairman Arceri. Motion carried 7 – 0.
Public Comment
Dr. Fay Biles, 1588 Heights Court, thanked the City Council for lowering the millage rate.
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 SECOND READING THE ORDINANCE DETERMINING AND FIXING THE 2005 TAX LEVY AND MILLAGE RATE FOR THE HIDEAWAY BEACH SPECIAL TAXING DISTRICT. Second by Councilor DiSciullo. Motion carried 7 – 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 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 City of Marco Island
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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
Dr. Fay Biles, 1588 Heights Court, read the charter language regarding the C.O.L.A.
Mr. Ron Oister, 960 Cape Marco Drive, commented that the budgets from prior years were not calculated correctly.
MOTION by Councilor Tucker to ADOPT ON SECOND READING THE ORDINANCE ADOPTING THE FINAL BUDGET FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2005 AND ENDING SEPTEMBER 30, 2006, USING THE PRIOR YEAR’S C.O.L.A. OF 2.7%. Second by Councilor Trotter. No vote taken. Following discussion Motion and Second withdrawn.
MOTION by Councilor Tucker to ADOPT ON SECOND READING THE ORDINANCE ADOPTING THE FINAL BUDGET FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2005 AND ENDING SEPTEMBER 30, 2006, INCLUDING THE $1.07 MILLION MADE AVAILABLE BY COUNCIL’S APPROVAL OF ESTABLISHING THE BUILDING SERVICES ENTERPRISE FUND, AND ADOPT A POLICY OF USING THE C.O.L.A. THAT IMMEDIATELY PRECEEDS THE BUDGET PROCESS, WHICH IS CURRENTLY 2.7%. Second by Vice-Chairman Arceri. Motion carried 5-2. (Councilor Patterson and Councilor Trotter opposed.)
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.
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MOTION by Councilor DiSciullo 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, 2005 AND ENDING SEPTEMBER 30, 2006. Second by Councilor Minozzi. Motion carried 7– 0.
PRESENTATIONS
(B) Veteran’s Community Park Design Competition Award - American Institute of Architects.
(Editorial History: At the January 3, 2005 City Council meeting, Matthew Kragh, President of the Southwest Florida Chapter of the American Institute of Architects (AIA), proposed that they sponsor a design competition for the undeveloped Veterans Memorial Park in conjunction with the July 2005 conference being held on Marco Island. Seven judges, including City Council Chair Vickie Kelber, reviewed the entries on July 30, 2005 and awarded the $10,000 first prize to a team from the University of Kentucky.)
Mr. Matthew Kragh, President of the Southwest Florida Chapter of the American Institute of Architects (AIA) presented the first and second place entries of the Design Competition for Veterans Memorial Park.
BUSINESS
(B) ORDINANCE – Second Reading & Public Hearing – An Ordinance Amending the Sidewalk Maintenance Ordinance.
(Editorial History: 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. This Ordinance was passed on first reading at the September 6, 2005 meeting.)
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Mr. Moss read, by title only, an Ordinance Amending the Sidewalk Maintenance Ordinance.
MOTION by Councilor DiSciullo to ADOPT ON SECOND READING THE ORDINANCE AMENDING THE SIDEWALK MAINTENANCE ORDINANCE. Second by Councilor Minozzi. Motion passed 7-0.
(C) ORDINANCE – First Reading – An Ordinance to Amend Temporary Use Regulations.
(Editorial History: The City staff prepared an Ordinance to amend Chapter 30, Article XVI (Temporary Use Permits) of the City of Marco Island Code of Ordinances by amending Section 30-794 (Model Homes and Model Sales Center Permit); amending Section 30-795 (Temporary Sales); and amending Section 30-796 (Community and Special Events.)
Mr. Moss read, by title only, the Ordinance to Amend Temporary Use Regulations.
MOTION by Chairwoman Kelber to ADOPT ON FIRST READING THE ORDINANCE TO AMEND TEMPORARY USE REGULATIONS, AMENDED TO INCLUDE CITY COUNCIL’S SUGGESTIONS. Second by Councilor DiSciullo. Motion passed 7-0.
Public Comment (Items not on the Agenda)
Mr. Bill McMullan, 1250 North Collier Boulevard, commented that e-mail addresses of advisory committee members are rejecting incoming e-mails.
Mr. Ron Oister, 960 Cape Marco Drive, commented about conservation rate C.O.L.A. adjustment.
Ms. Helen Drummond, 596 Hernando Drive, complained about the open drain between Snell and Kendall and the standing water.
Dr. Fay Biles, 1588 Heights Court, advised the City Council that Ed Day stopped the sewers on Marco Island.
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Mr. Phil Kostelnik, 121 Channel Court, commented that he hopes we have adequate receptacles for cigarette butts; then commented that septic fields, if properly maintained, work well.
(D) RESOLUTION – A Resolution to Designate Smoking Areas in City Parks.
(Editorial History: On September 6, 2005 the City Council adopted on First Reading a proposed Amendment to the Parks Rules Ordinance (04-19) restricting the use of tobacco products in City owned public parks to specific “Designated Smoking Areas”. City Staff prepared two options for the City Council to consider regarding smoking areas.)
MOTION by Councilor Tucker to APPROVE THE RESOLUTION TO DESIGNATE SMOKING AREAS IN CITY PARKS, OPTION 2 AND DESIGNATE LEIGH PLUMMER PARK ENTIRELY AS A SMOKING AREA. Second by Councilor Minozzi. Following discussion, Motion and Second were withdrawn.
MOTION by Vice-Chair Arceri to APPROVE THE RESOLUTION TO DESIGNATE SMOKING AREAS IN CITY PARKS, OPTION 2. Second by Councilor Trotter. Motion passed 6-1. (Councilor Tucker opposed.)
MOTION by tacit agreement to SUSPEND THE 9:00 P.M. RULE.
Recess: 9:00 p.m. to 9:15 p.m. It is noted for the record that the same Councilors were present when the meeting reconvened.
(E) DISCUSSION – Update on Land Development Code Proposed Changes.
(Editorial History: The Community Development Department staff is working on three projects that may result in changes to the Land Development Code (Chapter 30) of the City’s Code of Ordinances. These include mixed residential and commercial uses; stand-alone restaurant parking; and fences and landscaping requirements.)
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City Council members provided feedback to the City staff regarding the proposed changes to the Land Development Code.
(F) DISCUSSION – Prohibition of Cellular Phone Use While Driving.
(Editorial History: At the September 6, 2005 City Council meeting the Council discussed the possibility of placing restrictions on the use of cellular telephones while driving on City streets and requested that City staff provide additional information. Staff reported that State law expressly prohibits municipalities from regulating the use of cellular phones by drivers.)
Following discussion the City Council requested that City staff prepare a Resolution on this matter for Council’s consideration, supporting State initiatives to prohibit the use of cellular phones by drivers.
(G) DISCUSSION – City Council Rules of Procedure.
(Editorial History: Chairwoman Kelber requested that City Council discuss the City Council Rules of Procedure. An Amendment to Section 2 “Agenda,” will add a provision for the recent practice of using a “Summary Agenda.” The Chair also requested opinion and guidance from the City Council regarding Section 7, “Conduct of Meetings.”)
Council members expressed concern that some members of the public may be hesitant to express their opinions because others in the audience react either favorably or unfavorably to their comments.
Public Comment
Dr. Fay Biles, 1588 Heights Court, suggested that the City Council is not aware of public sentiment.
Ms. Paula Camposano-Robinson, 740 Collier Boulevard North, suggested that the Council Communications and Discussion be held earlier.
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Council Communications AND DISCUSSION
Councilor Minozzi requested that a more “sensitive” microphone for the podium be obtained so that the City Council can hear public speakers better.
Councilor DiSciullo expressed concern regarding a rumor that the Urgent Care Center is considering reducing their hours of operation.
Chairwoman Kelber commented that the City Council has been invited to receive a Resolution commending the community for moving towards installing sewers island-wide. Four Councilors have confirmed their attendance.
Chairwoman Kelber commented that the Lee County Sheriff’s Department has increased wages paid to experienced law enforcement officers.
Vice-Chair Arceri suggested that staff look into changing irrigation times.
Vice-Chair Arceri questioned whether staff should investigate claims made by a citizen with respect to the C.O.L.A. used for the last four years.
Future Agenda
Councilor Tucker requested that council discuss compensation paid to employees.
Public Comment
No additional public comment was provided to Council.
ADJOURN
There being no further business to come before Council, the meeting adjourned at 10:25 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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