THE CITY OF MARCO ISLAND
MINUTES
City Council Meeting – May 1, 2006 – 6:00 p.m.
Chairwoman DiSciullo called the meeting to order and presided.
ROLL CALL
All Present
Also Present: A. William Moss, City Manager
Richard Yovanovich, City Attorney
Vince Cautero, Community Development Director
Bryan Milk, City Planner
Rony Joel, Public Works Director
Michael Murphy, Fire Chief
Roger Reinke, Police Chief
Carol Glassman, Public Education/Information Coordinator
Laura Litzan, City Clerk
Other interested citizens and visitors
INVOCATION AND PLEDGE OF ALLEGIANCE
Reverend Dean Dalrymple, United Church of Marco Island
APPROVAL OF AGENDA
Chairwoman DiSciullo requested that an item regarding the Charter Middle School be added to the Agenda.
MOTION by Councilor Minozzi to ADD TO THE AGENDA A RESOLUTION URGING THE SCHOOL BOARD TO FUND THE CONSTRUCTION OF GYMNASIUM BLEACHERS AT THE MARCO ISLAND CHARTER MIDDLE SCHOOL. Second by Councilor Popoff. Motion carried 7-0. (Ed. Note: This item will be identified as 6(I) and will follow 6(A).
MOTION by Councilor Minozzi to APPROVE THE AGENDA, AMENDED TO REMOVE 5 (B) FROM THE CONSENT AGENDA. Second by Councilor Popoff. Motion carried 7-0. (Ed. Note: This item will be identified as 6(H).
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APPROVAL OF CONSENT AGENDA
MOTION by Councilor Minozzi to APPROVE AND ADOPT THE CONSENT AGENDA AS AMENDED. Second by Councilor Forcht. Motion carried 7-0.
PUBLIC COMMENT (ITEMS NOT ON THE AGENDA)
Mr. Ed Foster, 1952 San Marco Road, requested information on the cost of Site C cleanup, the status of lift stations at Tract K, and expressed concern about “walking asbestos” comments.
Mr. George Souder, 775 Dove Court, reviewed his timeline regarding the outfall project scheduled for his neighborhood; Mr. Henry Hubbard also expressed concern about the project.
Ms. Fay Biles, 1588 Heights Court, suggested that CityScape did not convey that there would be two readings of the Waterways Ordinance.
Mr. Dennis Morrissette, 1248 Orange Court, conveyed his opinion regarding the televised replay of City Council meetings
Mr. Phil Kostelnik, 121 Channel Court, suggested that bike paths are a good idea.
BUSINESS
(A) ORDINANCE – Second Reading – Waterways and Boating Safety Ordinance.
(Editorial History: On May 2, 2005 a proposed draft of Marco Island Waterways and Boating Safety Ordinance was presented to City Council for discussion. The Waterways Advisory Committee and Planning Board provided a forum for public education and comment. On April 17, 2006 Council approved the Ordinance on first reading after directing the staff to include agreed upon amendments.)
Mr. Moss read, by title only, the Waterways and Boating Safety Ordinance.
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Public Comment
Mr. Herman Diebler, 761 Plantation Court, feels the Ordinance is boater hostile and goes against State Statues.
Mr. Bill McMullan, 1250 North Collier Boulevard, requested that the City Council adopt a conservative Ordinance of three days and 300 feet.
Mr. Dean Heard, 1211 Ludlam Court, commented on his anchoring experiences in Naples and requested seven days and 150 feet.
Mr. Dennis Morrissette, 1298 Orange Court, disagreed with the language to allow discretion with respect to “pump out”.
MOTION by Councilor Minozzi to ADOPT ON SECOND READING THE ORDINANCE TO ESTABLISH WATERWAYS AND BOATING SAFETY REGULATIONS. Second by Vice-Chairman Tucker. No vote taken. Further discussion followed.
MOTION by Councilor Kiester to AMEND THE MOTION, CHANGING ANCHORING DISTANCE FROM 200 FEET TO 300 FEET. Second by Councilor Popoff. Motion carried 4-3. Councilors DiSciullo, Minozzi and Tucker opposed.
MOTION by Councilor Minozzi to ADOPT ON SECOND READING THE ORDINANCE TO ESTABLISH WATERWAYS AND BOATING SAFETY REGULATIONS, AMENDED TO CHANGE ANCHORING DISTANCE FROM 200 FEET TO 300 FEET. Second by Vice-Chairman Tucker. Motion carried 4-3. Councilors DiSciullo, Minozzi and Tucker opposed.
(I) RESOLUTION – A Resolution Urging The School Board To Provide Funding For The Construction Of Bleachers.
(Editorial History: Chairwoman DiSciullo requested that this item be added to the agenda at the beginning of the meeting.
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The District School Board is currently developing final site and building plans to construct a new Marco Island Charter Middle School that does not include bleachers in the gymnasium. Volleyball, basketball, and cheerleading teams could utilize the gymnasium for interscholastic and recreational sporting events. The estimated cost of the bleachers is between $350,000 and $400,000.)
MOTION by Councilor Kiester to APPROVE THE RESOLUTION URGING THE SCHOOL BOARD TO PROVIDE FUNDING FOR THE CONSTRUCTION OF BLEACHERS, MODIFIED TO “SOFTEN” THE LANGUAGE BY REMOVING PARAGRAPH 6. Second by Councilor Minozzi. Motion carried 7-0.
(B) DISCUSSION – Collier County Wholesale Water Agreement.
(Editorial History: At the time of acquisition it was determined the water and wastewater operations at Marco Shores were in poor condition. Since the purchase, staff has evaluated options including selling to Collier County, replacing the entire water treatment plan, repairing the plant and planning for future replacement, or contracting for wholesale water from Collier County and continuing current maintenance of the distribution system and billings to customers. A Wholesale Water Agreement has been negotiated with Collier County Utilities for the City to purchase water plant capacity for a one-time cost similar to a water impact fee and then purchase bulk potable water at wholesale rates. The City would maintain the
system and bill customers retail rates for the water service and on an annual basis the costs, based on current volumes, are comparable to the annual operating expenses to run the current water treatment plant at Marco Shores. )
Public Comment
Mr. Ken Honecker, 632 Dorando Court, questioned if we tried to sell the water plant.
MOTION by Councilor Minozzi to AUTHORIZE THE CITY MANAGER TO ENTER INTO THE WHOLESALE WATER SERVICES AGREEMENT WITH COLLIER COUNTY. Second by Councilor Forcht. Motion carried 7-0.
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(C) DISCUSSION – Award of Contract for WWTP Improvements.
(Editorial History: The Utility Master Plan identified that the 3.5 million gallon per day wastewater treatment plant (WWTP) requires improvements. The Utility Business Plan and 10-year CIP includes funding for the improvements. The engineer’s pre-bid opinion of cost for the construction was $9,500,000. Only one bid from D.N. Higgins, Inc. in the amount of $8,943,000 was received for the April 10 deadline with other contractors expressing multi reasons for not being interested.)
Public Comment
Mr. Ed Foster, 1952 San Marco Road, suggested that the 3.5 million gallons per day plant improvements should be sufficient to increase capacity.
MOTION by Councilor Minozzi to AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONTRACT WITH D.N. HIGGINS, INC., FOR THE CONSTRUCTION OF WWTP IMPROVEMENTS FOR $8,943,000. Second by Councilor Popoff. Motion carried 7-0.
(D) DISCUSSION – Award of Contract for WWTP Construction Oversight.
(Editorial History: The design of the WWTP improvements was performed by Camp, Dresser and McKee. The engineer of record should monitor the construction to ensure compliance with the design documents as well as assist in the startup of the modified treatment process. A temporary City position of WWTP Field Inspector has been created and if a qualified individual is successfully recruited, onsite supervision will be provided by Marco Island Utilities rather than Camp, Dresser and McKee which would reduce the contract by approximately $180,000.)
Public Comment
Dr. Fay Biles, 1588 Heights Court, questioned whether the contract could be modified to accommodate the hiring of a field person.
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MOTION by Councilor Minozzi to AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONTRACT WITH CAMP, DRESSER AND MCKEE FOR SERVICE DURING CONSTRUCTION AT A NOT-TO-EXCEED COST OF $547,530. Second by Councilor Popoff. Motion carried 7-0.
Recess: 7:55 p.m. to 8:10 p.m. It is noted for the record that the same Councilors were present when the meeting reconvened.
(E) DISCUSSION – Public Information Coordinator.
(Editorial History: On April 17, 2006 City Council considered a request for a mid-year budget adjustment to fund a new position of Public Information Coordinator and agreed to continue discussion of the request so that more information could be provided. The position is not intended to be: a “spokesperson,” the first point of contact for news media; the point of contact for citizens seeking information or services; or the preparer of responses to letters and e-mails received from citizens. The position is more designed to proactively accumulate, assemble, and transmit information from all departments, the City Manager, and City Council to our citizens through a variety of means.)
Public Comment
Mr. Ed Foster, 1952 San Marco Road, favors this position, but suggested that the problems of the citizens need to be stressed.
Mr. Sal Sciarrino, 911 Montego Court, suggested the Public information Coordinator report to the City Manager and City Council.
Ms. Paula Camposano-Robinson, 740 North Collier Boulevard, questioned if this person will be in the “back room”.
MOTION by Councilor Minozzi to AUTHORIZE FUNDING FOR THE PUBLIC INFORMATION COORDINATOR. Second by Vice-Chairman Tucker. Motion carried 7-0.
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(E) DISCUSSION – Request from Friends of the Library for Donation.
(Editorial History: At the April 17, 2006 City Council meeting a request was received from the Marco Island Chapter of the Friends of the Library of Collier County, Inc., for a donation towards the construction of a new meeting room at the Marco Island Branch Library. Council agreed to place the matter on the agenda for further discussion.)
Mr. Ted Marston and Mr. Paul Sebastian representing Marco Island Chapter of the Friends of the Library, reviewed the request for City Council and responded to Council’s questions.
Public Comment
Mr. Ed Foster, 1952 San Marco Road, suggested that the salary of the Public Information Coordinator be used to fund the request.
Mr. Bill McMullan, 1250 North Collier Boulevard, spoke in favor of the donation to the Library.
Dr. Fay Biles, 1588 Heights Court, spoke in favor of the donation.
MOTION by Vice-Chairman Tucker to AUTHORIZE A $200,000 DONATION FOR THE FRIENDS OF THE LIBRARY OUT OF THE 2007 BUDGET. Second by Councilor Forcht. Motion carried 7-0.
(G) DISCUSSION – Joint Workshop with Planning Board.
(Editorial History: The Planning Board has been working on two major projects since late summer 2005 pursuant to their approved goals and objectives. The Planning Board requested a workshop with the City Council to discuss changes to the intensity of uses in the seven commercial overlay districts and standards governing mixed use and redevelopment projects issues, particularly their recommendations on proposed changes to the Land Development Code (LDC) and the Town Center Mixed Use District.)
Following discussion, Council agreed to hold a joint workshop meeting with the Planning Board at 4:00 p.m. on May 15, 2006.
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(H) DISCUSSION – Appointment of Boards and Committees.
Code Enforcement Board
(Editorial History: Chapter 14, Article II of the City Code provides for a seven-member Code Enforcement Board who are permanent residents and electors of the City and who serve three year terms that expire on a staggered basis. Chapter 2, Article IV of the City Code provides that each City Council member shall reserve the right to recommend the appointment of one member. Mr. Jack Patterson, Mr. Sal Sciarrino and Mr. Pedro Perez are members of the Code Enforcement Board whose terms have not expired. Mr. Heyward Boyce recently resigned, therefore, the appointment to replace his unexpired term ends June 1, 2008.)
MOTION by Councilor Trotter to APPOINT TARIK AYASUN TO THE CODE ENFORCEMENT BOARD. Second by Councilor Minozzi. Motion carried 7-0.
MOTION by Councilor Kiester to APPOINT WILLIAM F. KLUG TO THE CODE ENFORCEMENT BOARD. Second by Vice-Chairman Tucker. Motion carried 7-0.
MOTION by Councilor Forcht to APPOINT JOSE GRANDA TO THE CODE ENFORCEMENT BOARD. Second by Vice-Chairman Tucker. Motion carried 7-0.
MOTION by Chairwoman DiSciullo to APPOINT DONALD L. SCHWARTZ TO THE CODE ENFORCEMENT BOARD. Second by Vice-Chairman Tucker. Motion carried 7-0.
MOTION by Councilor Popoff to EXTEND THE MEETING PAST 9:00 P.M. Second by Councilor Minozzi. Motion carried 6-1. Vice-Chairman Tucker opposed.
Planning Board
(Editorial History: Chapter 38, Article II of the City Code provides for a seven-member Planning Board. Chapter 2, Article IV of the City Code provides that each City Council member shall reserve the right to recommend the appointment of one member. The term for members of the Planning Board is two years and expires on the first day of June.)
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MOTION by Vice-Chairman Tucker to APPOINT MARV NEEDLES TO THE PLANNING BOARD. Second by Councilor Minozzi. Motion carried 7-0.
MOTION by Councilor Forcht to APPOINT JAMES RIVERE TO THE PLANNING BOARD. Second by Vice-Chairman Tucker. Motion carried 7-0.
MOTION by Councilor Kiester to APPOINT BRIAN MOSS TO THE PLANNING BOARD. Second by Vice-Chairman Tucker. Motion carried 7-0.
MOTION by Chairwoman DiSciullo to APPOINT DAVID CARUSO TO THE PLANNING BOARD. Second by Vice-Chairman Tucker. Motion carried 7-0.
MOTION by Councilor Popoff to APPOINT EVERETT VAN HOESEN TO THE PLANNING BOARD. Second by Councilor Minozzi. Motion carried 7-0.
MOTION by Councilor Trotter to APPOINT WILLIAM PATTERSON TO THE PLANNING BOARD. Vice-Chairman Tucker. Motion carried 7-0.
MOTION by Councilor Minozzi to APPOINT MONTE LAZARUS TO THE PLANNING BOARD. Second by Vice-Chairman Tucker. Motion carried 7-0.
Parks and Recreation Advisory Committee.
(Editorial History: As provided in Chapter 2, Article IV the members of advisory committees shall serve two-year terms, and the terms of the members shall expire on the first day of June. Each City Council member shall reserve the right to recommend the appointment of one member.)
MOTION by Councilor Forcht to APPOINT VALERIE SIMON TO THE PARKS AND RECREATION ADVISORY COMMITTEE. Second by Vice-Chairman Tucker. Motion carried 7-0.
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MOTION by Councilor Minozzi to APPOINT JIM CURRAN TO THE PARKS AND RECREATION ADVISORY COMMITTEE. Second by Vice-Chairman Tucker. Motion carried 7-0.
MOTION by Councilor Popoff to APPOINT STACY NEEDLES WITTHOFF TO THE PARKS AND RECREATION ADVISORY COMMITTEE. Second by Vice-Chairman Tucker. Motion carried 7-0.
MOTION by Councilor Trotter to APPOINT DANIEL REILEY TO THE PARKS AND RECREATION ADVISORY COMMITTEE. Second by Council Minozzi. Motion carried 7-0.
MOTION by Councilor Kiester to APPOINT PAT REESE TO THE PARKS AND RECREATION ADVISORY COMMITTEE. Second by Council Minozzi. Motion carried 7-0.
MOTION by Chairwoman DiSciullo to APPOINT CARRIE CANFIELD TO THE PARKS AND RECREATION ADVISORY COMMITTEE. Second by Vice-Chairman Tucker. Motion carried 7-0.
MOTION by Vice-Chairman Tucker to APPOINT CHERYL REINKE TO THE PARKS AND RECREATION ADVISORY COMMITTEE. Second by Councilor Minozzi. Motion carried 7-0.
Waterways Advisory Committee
MOTION by Vice-Chairwoman DiSciullo to APPOINT JAMES CARROLL TO THE WATERWAYS ADVISORY COMMITTEE. Second by Councilor Minozzi. Motion carried 7-0.
MOTION by Councilor Minozzi to APPOINT KRIS HELLAND TO THE WATERWAYS ADVISORY COMMITTEE. Second by Chairwoman DiSciullo. Motion carried 7-0.
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MOTION by Vice-Chairman Tucker to APPOINT GEOFF FAHRINGER TO THE WATERWAYS ADVISORY COMMITTEE. Second by Councilor Popoff. Motion carried 7-0.
MOTION by Councilor Trotter to APPOINT DON HENDERSON TO THE WATERWAYS ADVISORY COMMITTEE. Second by Vice-Chairman Tucker. Motion carried 7-0.
MOTION by Councilor Popoff to APPOINT THEODORE RYZNAR TO THE WATERWAYS ADVISORY COMMITTEE. Second by Councilor Minozzi. Motion carried 7-0.
MOTION by Councilor Forcht to APPOINT HERMAN DIEBLER TO THE WATERWAYS ADVISORY COMMITTEE. Second by Councilor Popoff. Motion carried 7-0.
MOTION by Councilor Kiester to APPOINT GALE VINSON TO THE WATERWAYS ADVISORY COMMITTEE. Second by Vice-Chairman Tucker. Motion carried 7-0.
(J) DISCUSSION – Veterans Community Park – Seawall Replacement Budget Transfer and Award of Contract.
(Editorial History: As part of the FY05 budget, the City Council authorized $50,000 to develop a Master Plan for Veterans Community Park (former Glon Property). During discussion with the City staff, Council suggested that the FY05 funds be used to complete needed physical improvements at the park site, including repairs to the seawall, and on March 21, 2005 authorized the FY05 funds be utilized for the needed physical improvements and that Master Plan funding be targeted for FY07. Engineers and contractors have determined that the seawall should be totally replaced and $10,230 of the $50,000 appropriated has been used for design services. Following an April 12, 2006 option to bid, Zap Marine submitted the low bid for a concrete wall of $92,400.)
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Public Comment
Dr. Fay Biles, 1588 Heights Court, questioned if this expense is part of the $10 million price tag.
MOTION by Councilor Forcht to AUTHORIZE A BUDGET TRANSFER OF $57,180 FROM CIP CONTINGENCY ACCOUNT TO THE VETERANS PARK ACCOUNT AND AWARD THE SEAWALL REPLACEMENT CONTRACT TO
ZAP MARINE IN THE AMOUNT OF $92,400. Second by Councilor Kiester. Motion carried 7-0.
PUBLIC COMMENT (ITEMS NOT ON THE AGENDA)
Mr. Bill McMullan, 1250 North Collier Boulevard, requested that Council consider repaving North Collier Boulevard to Rose Court sooner rather than later.
Council Communications AND DISCUSSION
Vice-Chairman Tucker expressed his outrage that the PAC known as Preserve our Paradise has chosen the City Manager as a scapegoat for City Council’s policy decisions.
Councilor Kiester requested that Council direct the City Manager to develop a policy to notify residents about projects in their neighborhoods.
Councilor Popoff complimented the Beautification Committee on the “hanging baskets’ on display at Mackle Park.
Future Agenda
Councilor Kiester requested a committee review of implementing a mooring field. Following discussion Council agreed to direct the Waterways Advisory Committee to research the matter.
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ADJOURN
There being no further business to come before the City Council, the meeting adjourned at 9:42 p.m.
Terri DiSciullo, Council Chairwoman
Date:
ATTEST:
Laura Litzan, City Clerk
Date:
PREPARED BY:
Lois Gunter, Secretary
Date:_________________________________
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