THE CITY OF MARCO ISLAND
MINUTES
City Council Meeting – October 17, 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
Rich Yovanovich, City Attorney
Bill Harrison, Finance Director
Vince Cautero, Community Development Director
Don Blalock, Zoning Administrator
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
Reverend Dean Dalrymple, United Church of Marco Island
APPROVAL OF AGENDA
MOTION by Councilor DiSciullo TO APPROVE THE AGENDA, AMENDED TO REMOVE ITEM 5 (B), SEWER ASSESSMENT DISTRICT RESOLUTIONS, FROM THE SUMMARY AGENDA. Second by Councilor Minozzi. Motion carried 7-0. (Ed Note: This item will follow Item 7D)
APPROVAL OF CONSENT AGENDA
(A) Council Minutes for September 19, 2005 (Special–Called Meeting)
(B) Council Minutes for September 19, 2005 (Regular Meeting)
(C) Award of Contract – Replacement Membrane Cassettes for Water Plant Lime Softening
(D) Award of Contract – High Service Pump
City of Marco Island
City Council Minutes for October 17, 2005
Page 2
(E) Renewal of Employee Health Insurance
(F) Renewal of Property, Liability and Workers’ Compensation Insurance
(G) Amendment of Deferred Compensation Plan
(H) Extension of YMCA Contract
MOTION by Councilor Tucker to APPROVE AND ADOPT THE CONSENT AGENDA. Second by Councilor Minozzi. Motion carried 7-0.
SUMMARY AGENDA
ORDINANCE – Second Reading & Public Hearing – An Ordinance to Amend Temporary Use Regulations.
(C) RESOLUTION – A Resolution to Support State Initiatives to Prohibit the Use of Cellular Phones While Driving.
Mr. Moss read, by titles only, the Ordinance to Amend Temporary Use Regulations and the Resolution Supporting the State Initiative to Prohibit the Use of Cellular Phones While Driving.
MOTION by Councilor Minozzi to APPROVE AND ADOPT THE SUMMARY AGENDA. Second by Vice-Chairman Arceri. Motion carried 7-0.
PRESENTATIONS
(A) Beautification Advisory Committee – Goals and Objectives.
On behalf of the Beautification Advisory Committee, Chairwoman Sydney Mellinger reviewed the Committee’s Goals and Objectives. She urged City Council to reinstate development of the Linear Park that was deferred due to funding.
(B) Water Quality and Septic Tanks – Department of Environmental Protection.
Public Works Director Rony Joel presented information to City Council on the need to eliminate septic tanks from the Island.
City of Marco Island
City Council Minutes for October 17, 2005
Page 3
Public Comment
Mr. John Iglehart, Florida Department of Environmental Protection, pledged assistance in helping the community achieve the goal of eliminating septic tanks because of environmental concerns.
Mr. Ed Foster, 1952 San Marco Road, spoke against septic tanks.
Mr. Richard Robinson, 740 North Collier Boulevard, spoke in favor of sewer systems.
Mr. Brian Mordecai, 1912 Menorca Court, spoke against sewer assessment.
Mr. Peter Karl, 880 Banyan Court, raised the question of how many residents on Marco Island have been cited for septic tank failure and/or violations of EPA Standards.
Mr. Peter Piro, 701 Inlet Drive, suggested a citizen’s advisory committee be formed to review the matter.
Mr. Peter Clapp, 872 Banyan Court, described his septic system.
Mr. Stephen Fleischer, 340 Yarmouth, questioned how much raw sewage is dumped in Florida waters.
Mr. Sayre Uhler, 540 Tigertail Court, suggested that “barrier” islands are not building sewer plants and “barrier” islands do not need sewers.
Mr. Pat Maguire, 76 Gulfport, expressed concern about sewers backing up when power fails.
Mr. Ira Kaplon, Tigertail, building new home and expressed that the City Council is making the right decision.
Ms. Fay Biles, 1588 Heights Court, expressed concern about the cost.
Mr. Bill McMullan, 1250 North Collier Boulevard, suggested a panel of citizens to review.
Ms. Pam Marro, 940 Giralda Court, remembered problems that they had with sewers in New York.
City of Marco Island
City Council Minutes for October 17, 2005
Page 4
Mr. Russ Colombo, 755 Plantation Court, suggested finding a professional advocate for septic tanks.
Mr. Joe Marro, 940 Giralda Court, expressed confusion about data being provided he doesn‘t know anything about.
Ms. Maureen Clayton, 1352 Delbrook Way, suggests that a vote should be taken on this matter.
Recess: 8:30 p.m. to 8:50 p.m. It is noted for the record that the same Councilors were present when the meeting reconvened.
(C) A Resolution to Commend Finance Director Bill Harrison and Finance Staff for Award - Certificate of Achievement for Excellence in Finance Reporting.
Mr. Moss read, by title only, a Resolution to Commend Finance Director Bill Harrison and the Finance Department.
(D) Proclamation for National Breast Cancer Awareness Month.
Councilor DiSciullo, on behalf of the City Council, read the Proclamation for National Breast Cancer Awareness Month.
BUSINESS
(A) DISCUSSION – Historical Society’s Request for Funding for the Marco Island Museum.
(Editorial History: On September 6, 2005 Councilor Arceri proposed, and City Council agreed, to schedule a discussion regarding a request from the Historical Society for a financial contribution to the Marco Island Museum.)
Public Comment
Collier County Commissioner Donna Fiala, expressed her support for the Museum.
City of Marco Island
City Council Minutes for October 17, 2005
Page 5
Mr. Bill Perdichizzi, President of the Historical Society, reviewed the goals of the museum and the funding collected or pledged to date.
Ms. Betsy Perdichizzi, 1200 Butterfly Court, reviewed the history of fund raising, and the economic advantages of a museum.
Mr. Tom Wagor, representing the Board of Directors of the Chamber of Commerce, read a Resolution supporting the funding request.
Ms. Cindy Anderson, speaking on behalf of Marco Island Art League, read a letter of support.
Mr. Kris Helland, 307 Castaways Street, spoke in support of the museum.
Mr. Helmut Nickel, 401 North Barfield Drive, expressed support for the Museum.
Mr. Bill Tyson, 732 Hernando Drive, spoke in support of the museum.
Mr. Marion Nicolay, 387 Nassau Court, expressed support for the museum.
Following discussion, City Council agreed to pledge $100,000 in financial support for the museum and directed the City Manager to handle the legal issues of placing the funds in escrow for future disbursement.
It is noted for the record that Councilor Patterson left the meeting at 9:55 p.m.
(D) RESOLUTION – Public Hearing - A Resolution Establishing Ad Valorem Tax Bill Collection of Sewer Assessments.
(Editorial History: On September 6, 2005 City Council approved a Resolution scheduling a public hearing for October 17, 2005 to consider the collection of the annual payments on sewer assessments on the ad valorem property tax bill as one authorized option. This has been published as required by law. Approval of this Resolution provides proper legal direction to the Collier County Tax Collector to place the assessments on the property tax bills of affected properties, beginning in 2006. )
City of Marco Island
City Council Minutes for October 17, 2005
Page 6
Mr. Moss read, by title only, the Resolution Establishing Ad Valorem Tax Bill Collection of Sewer Assessments.
Public Comment
Mr. Ed Foster, 1952 San Marco Road, questioned when the City would know the number of the special assessment.
Mr. Ken Honecker, 632 Dorando Court, questioned whether this Resolution would be binding.
MOTION by Councilor Minozzi to APPROVE THE RESOLUTION TO ESTABLISH AD VALOREM TAX BILL COLLECTION OF SEWER ASSESSMENTS. Second by Vice-Chairman Arceri. Motion carried 5-1. (Councilor Tucker opposed; Councilor Patterson absent.)
5(B) RESOLUTION(S) – Sewer Assessment District Bond Resolutions.
(Editorial History: City Council officially created sewer assessment districts for Tigertail neighborhood and South Barfield commercial and residential areas previously. Financing the costs includes offering property owners a 6% discount for payment in full in cash or allowing owners to finance the cost over twenty years with annual payments on the property tax bill. The City will issue tax-exempt utility revenue bonds in the amount of the assessments being paid over time, using principal and interest payments on the assessments to meet debt service obligations. The bond counsel prepared three Resolutions to initiate the financing program and to allow the City to have the bonds validated by the District Court.)
Mr. Moss read, by titles only, the Resolution for the Tigertail Bond Authorization; the Resolution for the South Barfield Bond Authorization; and the Resolution to Amend the Definition of “Gross Revenues.”
Public Comment
Mr. Ed Foster, 1952 San Marco Road, commented about lack of alternatives provided to the public.
City of Marco Island
City Council Minutes for October 17, 2005
Page 7
Mr. Doug Enman, 701 Nautilus Court, questioned where some of the funds are coming from to fund the project.
MOTION by Councilor Minozzi to APPROVE THE RESOLUTION FOR THE TIGERTAIL BOND RESOLUTION, NOT TO EXCEED $3.5 MILLION. Second by Vice-Chairman Arceri. Motion passed 5-1. (Councilor Tucker opposed. Councilor Patterson absent.)
MOTION by Councilor Minozzi to APPROVE THE RESOLUTION FOR THE SOUTH BARFIELD BOND RESOLUTION, NOT TO EXCEED $1.5 MILLION. Second by Vice-Chairman Arceri. Motion passed 5-1. (Councilor Tucker opposed. Councilor Patterson absent.)
MOTION by Councilor Minozzi to APPROVE THE RESOLUTION TO AMEND THE DEFINITION OF “GROSS REVENUES.” Second by Vice-Chairman Arceri. Motion passed 5-1. (Councilor Tucker opposed. Councilor Patterson absent.)
(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.
(Editorial History: Petition V-05-04 involves a request for a 15-foot variance from the required 15-foot riparian line setback for property at 309 Capistrano Ct. (Block 250, Lot 12). The owners intend to connect their dock with the neighboring property’s dock at 1101 Strawberry Court (Lot 13). Petition V-05-05 involves a request for a 7.5-foot variance from the required 7.5-foot riparian line setback, so that the property owner can safely moor his 25-foot vessel located at 1101 Strawberry Ct. (Block, 250, Lot 13). Since the property owners both wish to join docks, staff is requesting that they be treated as companion variances. The Planning Board heard this request at their March 23, 2005 meeting and voted 4-2 to recommend approval, subject to the stipulation that a legal
agreement be drafted between the parties. City Council will be acting as the City’s Board of Zoning Appeals in this matter.)
City of Marco Island
City Council Minutes for October 17, 2005
Page 8
Mr. Moss read, by titles only, the Resolutions relating to Petition V-05-04 and Petition V-05-05. Each councilor made his or her ex-parte disclosure; all witnesses were sworn in by the City Clerk.
Representing the Petitioner, Attorney Craig Woodward, reviewed the Petition and responded to City Council’s questions.
Public Comment
Mr. Frank Troester, the Petitioner, 309 Capistrano Court, requested that the City Council approve the Variance.
Mr. Wally Hertel, 1125 Strawberry Court, spoke in favor of granting the Variance.
Ms. Diane Troester, the Petitioner, 309 Capistrano Court, spoke about the safety issues of the dock’s design.
MOTION by Councilor DiSciullo to APPROVE PETITION V-05-04 AND PETITION V-05-05. Second by Councilor Tucker. Motion failed 3-3. (Chairwoman Kelber, Vice-Chair Arceri, and Councilor Trotter opposed. Councilor Patterson absent.)
MOTION by Councilor DiSciullo to APPROVE PETITION V-05-04. Second by Vice-Chairman Arceri. Motion passed 4-2. (Vice-Chair Arceri and Councilor Trotter opposed. Councilor Patterson absent.)
MOTION by Councilor Tucker to APPROVE PETITION V-05-05. Second by Councilor DiSciullo. Motion passed 5-1. (Councilor Trotter opposed. Councilor Patterson absent.)
Recess: 11:05 p.m. to 11:15 p.m. It is noted for the record that the same Councilors were present when the meeting reconvened.
(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.
City of Marco Island
City Council Minutes for October 17, 2005
Page 9
(Editorial History: Petition V-05-10 involves a request for a 4.5-foot variance from the required 7.5-foot riparian line setback for property at 752 Hull Court, (Block 357, Lot 12). The Planning Board heard this request at their meeting of July 22, 2005 and voted 5-1 to recommend approval. The City Council will be acting as the City’s Board of Zoning Appeals in this matter.)
Mr. Moss read, by title only, the Resolution relating to Petition V-05-10. Each councilor made his or her ex-parte disclosure; all witnesses were sworn in by the City Clerk.
Representing the Petitioner, Attorney Craig Woodward, reviewed the Petition and responded to City Council’s questions.
MOTION by Vice-Chairman Arceri to APPROVE PETITION V-05-10. Second by Councilor DiSciullo. Motion passed 5-1. (Councilor Trotter opposed. Councilor Patterson absent.)
(E) RESOLUTION – Amendments to Development Fee Schedule.
(Editorial History: During the August 15, 2005 Budget Workshop City Council discussed proposing changes to the fee schedule for development review and permitting services. Community Development staff prepared the proposed fee revisions for the City to recoup as much of the costs as possible associated with review of land use and zoning petitions.)
Mr. Moss read, by title only, the Resolution Amending the Development Fee Schedule.
MOTION by Councilor Minozzi to APPROVE THE RESOLUTION TO ESTABLISH NEW FEES RELATING TO DEVELOPMENT REVIEW AND PERMITTING. Second by Councilor DiSciullo. Motion carried 6-0. (Councilor Patterson absent.)
(F) DISCUSSION – San Marco Road / Heathwood Drive Intersection.
(Editorial History: On January 3, 2005 City Council authorized the redesign of the intersection at San Marco Road and Heathwood Drive as well as the closing of the San Marco-Bald Eagle intersection. Because the
City of Marco Island
City Council Minutes for October 17, 2005
Page 10
project is very small, no contractors bid on it. Staff now recommends that the project be implemented in phases as funds become available.)
MOTION by Vice-Chairman Arceri to AUTHORIZE STAFF TO PROCEED WITH A PHASED APPROACH FOR THE SAN MARCO-HEATHWOOD INTERSECTION AS FUNDS ARE AVAILABLE. Second by Councilor Tucker. Motion carried 6-0. (Councilor Patterson absent.)
(G) DISCUSSION – Award of Contract – North Collier Boulevard.
(Editorial History: On June 20, 2005 City Council authorized the award of a negotiated contract to Quality Enterprises for the construction of one segment of the North Collier Boulevard project. The City Attorney advised that the award was in conflict with a Florida Statute, therefore, the City utilized an FDOT process known as “competitive negotiations.” After all proper negotiations, Quality Enterprises agreed to proceed on a bid of $17,130,551 and allow the City to purchase a significant amount of the material resulting in the City saving an additional $250,000 in sales taxes.)
MOTION by Councilor DiSciullo to AWARD CONTRACT TO QUALITY ENTERPRISES FOR THE RECONSTRUCTION OF NORTH COLLIER BOULEVARD FOR $17,130,551. Second by Councilor Minozzi. Motion carried 6-0. (Councilor Patterson absent.)
(H) DISCUSSION – Employee Salaries and Benefits.
(Editorial History: On September 19, 2005 Councilor Tucker proposed, and the City Council agreed, to schedule a discussion regarding employee salaries and wages. This topic was discussed at previous Council meetings and at the Budget Workshop in recognition of the lack of affordable housing in Collier County for employees, the increase in the cost of living, particularly in recent months, and the increasingly competitive labor market. The City Manager and Department Directors developed and recommended solutions for consideration.)
This item was deferred to a future meeting.
City of Marco Island
City Council Minutes for October 17, 2005
Page 11
Council Communications AND DISCUSSION
Vice-Chair Arceri updated Council on a number of issues, including the final stages of the renourishment of Hideaway Beach, the beginning of the Caxambas Pass dredging and South Beach Renourishment project, and LCEC’s response to his inquiry regarding the recent power outage.
Councilor DiSciullo advised Council that she has a few suggestions that she will provide to the City Manager regarding the proposed septic tank brochure.
Future Agenda
Vice-Chair Arceri suggested that in order to stop the dissemination of misinformation, a workshop regarding the installation of sewers be scheduled with EPA and DEP.
Public Comment
Mr. Bill McMullan, 1250 North Collier Boulevard, requested an advance copy of the latest version of the Waterways Ordinance before it is reviewed by the Planning Board.
Mr. Joseph Oliverio, representing the Restaurant Association, thanked Council and staff for their assistance in phasing in the construction along North Collier Boulevard.
ADJOURN
There being no further business to come before Council, the meeting adjourned at 12:10 p.m.
(signature page to follow)
City of Marco Island
City Council Minutes for October 17, 2005
Page 12
Vickie Kelber, Council Chairwoman
Date:
ATTEST:
Laura Litzan, City Clerk
Date:
PREPARED BY:
Lois Gunter, Secretary
Date:
| 
