City Council Minutes
Regular Meeting – September 18, 2006 – 6:00 p.m.
Chairwoman DiSciullo called the meeting to order and presided.
ROLL CALL
All Councilors were present, except Councilor Forcht who was absent.
Also Present: A. William Moss, City Manager
Richard Yovanovich, City Attorney
Bill Harrison, Finance Department Director
Tim Pinter, Public Works Senior Project Manager
Bryan Milk, Acting Community Development Director
Dana Souza, Parks and Recreation Director
Michael Murphy, Fire Chief
Roger Reinke, Police Chief
Lisa Douglass, Public Information Coordinator
Laura Litzan, City Clerk
Other interested citizens and visitors
INVOCATION AND PLEDGE OF ALLEGIANCE
Reverend Joy Baumgartner, United Church of Marco Island.
APPROVAL OF AGENDA
MOTION by Councilor Minozzi to approve the agenda, amended to defer Items 5(G) and 5(H) to the next meeting, discuss the consent items individually, and add a discussion item to approve reimbursement for legal expenses for Councilors subject to a recall petition. Second by Vice-Chair Tucker. MOTION CARRIED UNANIMOUSLY 6-0.
PUBLIC COMMENT (ITEMS NOT ON THE AGENDA)
Mr. Russ Columbo, 755 Plantation Court, expressed his dissatisfaction regarding Council’s decision on his petition.
Mr. Monte Lazarus, 222 Waterway Court, Apt 202, supported Council’s decisions, which are based on law.
Mr. Steve Stefanides, 1103 S. Collier Boulevard, expressed positive elements of the community, the community spirit and all the wonderful clubs and organizations supporting the rights of the “ballot box” and spoke against lawsuits.
Mr. Ed Foster, 1952 San Marco Road, suggested that the citizens should be given the right to vote.
Mr. Jack Patterson, 860 Panama Court, commented that the recall action is a malicious use of due process.
Mr. Phil Kostelnick, 121 Channel Court, questioned why people were denied the right to vote.
Roger Raymond, 901 Maple Avenue, spoke in favor of the changes and the improvements to the infrastructure and feels the community needs to pull together and get along.
BUSINESS
(A) PUBLIC HEARINGS – Millage Rates and Budgets.
· ORDINANCE – Second Reading & Public Hearing – An Ordinance Determining and Fixing the 2006 Tax Levy and Millage Rate for the City of Marco Island.
(Editorial History: City Council is asked to consider four separate ordinances for the 2007 budget. Section 200.065, Florida Statutes, governs the budget adoption process. The Truth in Millage (“TRIM”) statute establishes a detailed time line and approval process that includes the requirement for two public hearings held in the month of September and separate ordinances for establishing tax levies and approval of annual budgets. Council adopted the proposed ordinance on the first reading at the meeting of September 5, 2006.)
Finance Director Bill Harrison read, by title only, the Ordinance Determining and Fixing the 2006 Tax Levy and Millage Rate for the City of Marco Island, Exclusive of Dependent Taxing Districts, for the Fiscal Year Commencing October 1, 2006 and Ending September 30, 2007. He announced that the Total Taxable Value of Real and Personal Property is $12,076,622,349; that the operating tax levy and millage rate for the City of Marco Island, exclusive of Dependent Taxing Districts, is hereby fixed and determined to be 1.2445 mils; the voted debt service millage rate for the City of Marco Island, exclusive of Dependent Taxing Districts, is hereby fixed and determined to be 0.0736; 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 Total General Fund Operations in the amount of $14,277,800 (1.2445 mils) and Voted Debt Service in the amount of $844,397(0.0736 mils); that the current year’s roll-back rate is 1.0423 mils; and the increase in the millage rate over the roll-back rate is 19.40%. There was no public comment.
MOTION by Councilor Minozzi to Adopt on Second Reading the Ordinance Determining and Fixing the 2006 Tax Levy and Millage Rate for the City of Marco Island. Second by Councilor Popoff. MOTION CARRIED UNANIMOUSLY 6-0.
· ORDINANCE – Second Reading & Public Hearing – An Ordinance Determining and Fixing the 2006 Tax Levy and Millage Rate for the Hideaway Beach Special Taxing District.
Finance Director Bill Harrison read, by title only, the Ordinance Determining and Fixing the 2006 Tax Levy and Millage Rate for the Hideaway Beach Special Taxing District, for the Fiscal Year Commencing October 1, 2006 and Ending September 30, 2007. He announced that the Total Taxable Value of Real and Personal Property is $588,085,135; that the operating tax levy and millage rate for the Hideaway Beach Special Taxing District is hereby fixed and determined to be 1.6000 mils; 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 Hideaway Beach Special Taxing District in the amount of $893,800 (1.600 mils); that the current year’s roll-back rate is 1.5519 mils;
and the increase in the millage rate over the roll-back rate is 3.10%. There was no public comment.
MOTION by Councilor Minozzi to Adopt on Second Reading the Ordinance Determining and Fixing the 2006 Tax Levy and Millage Rate for the Hideaway Beach Special Taxing District. Second by Councilor Popoff. MOTION CARRIED UNANIMOUSLY 6-0.
· ORDINANCE – Second Reading & Public Hearing – An Ordinance Adopting the Final Budget for the City of Marco Island, for the Fiscal Year Commencing October 1, 2006 and Ending September 30, 2007.
Finance Director Bill 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, 2006 and Ending September 30, 2007. He announced that the Total Taxable Value of Real and Personal Property is $12,076,622,349; that the 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, 2006 and ending September 30, 2007 is hereby adopted; and that Total Appropriations are $80,474,872.
Public Comment
Dr. Fay Biles, 1588 Heights Court, questioned the budget figures.
MOTION by Councilor Minozzi to Adopt on Second Reading the Ordinance Adopting the Final Budget for the City of Marco Island, for the fiscal year commencing October 1, 2006 and Ending September 30, 2007. Second by Councilor Popoff. MOTION CARRIED UNANIMOUSLY 6-0.
· 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, 2006 and Ending September 30, 2007.
Finance Director Bill 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, 2006 and Ending September 30, 2007. He announced that the budget for the Hideaway Beach Special Taxing District is hereby adopted and totals $778,881. There was no public comment.
MOTION by Councilor Minozzi 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, 2006 and Ending September 30, 2007. Second by Councilor Trotter. MOTION CARRIED UNANIMOUSLY 6-0.
(B) ORDINANCE – Second Reading – Budget Re-Appropriation Ordinance.
(Editorial History: City Council is asked to amend the budget for Fiscal Year 2005 – 2006. The budget was originally approved by the City Council in September of last year. The approved budget may only be amended by a re-appropriation ordinance. Any budget amendments must maintain compliance with the “Spending Cap.” Budget control is maintained at the department level in the General Fund and at the fund level in all other funds. Council adopted the proposed ordinance on the first reading at the meeting of September 5, 2006.)
Finance Director Bill Harrison read, by title only, the Ordinance to approve the Budget Re-Appropriation Ordinance Amending the Budget for the City of Marco Island for the Fiscal Year Commencing October 1, 2005, and ending September 30, 2006. There was no public comment.
MOTION by Vice-Chair Tucker to Adopt on Second Reading the Ordinance Amending the Budget for the City of Marco Island for the Fiscal Year Commencing October 1, 2005 and Ending September 30, 2006. Second by Councilor Kiester. MOTION CARRIED UNANIMOUSLY 6-0.
(C) RESOLUTION – A Resolution Establishing Utility Rates.
(Editorial History: City Council is requested to consider a COLA increase in utility rates to be effective for all billings for water and sewer utilities for Marco Island and Marco Shores customers on or after October 1, 2006. City Council held a workshop on August 8, 2006 concerning the operating budgets and was provided with a balanced budget for the Marco Island Utility Fund.)
Finance Director Bill Harrison, read, by title only, the Resolution of the City of Marco Island, Florida, Amending Exhibit “A” Utility Rate Schedule to Ordinance 2003-19; and providing an effective date.
Public Comment
Dr. Fay Biles, 1588 Heights Court, objected to the 4.1% COLA increase.
Mr. Armando Petraka, Regatta Court, questioned the amount of revenue for the utility.
Mr. Perez, address unknown, commented that the expense for putting pipe under the waterway was wasted and that Council should protect people on small pensions from high taxes.
Mr. Werner Wackerman, 875 Magnolia Court, commented on the amount of his water bills and how he was able to decrease the amount of the bill.
Mr. Steve Ehrhorn, 77 South Seas Court, questioned whether rates will be higher in the future.
MOTION by Councilor Minozzi to Approve the Resolution amending Exhibit “A” Utility Rate Schedule to Ordinance 2003-19. Second by Councilor Trotter. MOTION CARRIED UNANIMOUSLY 6-0.
APPROVAL OF CONSENT AGENDA
(A) Council Minutes for September 5, 2006 (Regular Meeting).
MOTION by Vice-Chairman Tucker to approve minutes, as corrected on page 9 from Councilor Kiester opposed to Vice-Chair Tucker opposed in reference to the motion made to extend the meeting past 9:00 p.m. Second by Councilor Kiester. MOTION CARRIED UNANIMOUSLY 6-0.
(B) Request to Use Mackle Park for “Relay for Life” – American Cancer Society.
MOTION by Councilor Minozzi to approve the American Cancer Society’s request to use Mackle Park for “Relay for Life.” Second by Vice-Chair Tucker. MOTION CARRIED UNANIMOUSLY 6-0.
(C) Approval for Utility Master Agreement with FDOT – Judge Jolley Bridge.
MOTION by Vice-Chair Tucker to defer Item 6(C) of the consent agenda, until further legal and administrative review. Second by Councilor Popoff. MOTION CARRIED UNANIMOUSLY 6-0.
(D) Resolution – A Resolution Calling for Public Hearing – Assessment Collection.
City Manager Bill Moss, read, by title only, the Resolution Calling for Public Hearing on a Resolution of the City Council of Marco Island, Florida, Electing to Use the Uniform Method of Collecting Non-Ad Valorem Assessments for more than one year levied in Marco Island, Florida; and Providing for an Effective Date.
Public Comment
Mr. Ed Foster, 1952 San Marco Road, expressed concern that the public hearing is scheduled in October rather than later in the season.
MOTION by Councilor Minozzi to Approve Resolution calling for Public Hearing, electing to use the “Uniform Collection Method” of collecting Non-Ad Valorem Assessments. Second by Vice-Chair Tucker. MOTION CARRIED UNANIMOUSLY 6-0.
PRESENTATIONS
(A) EMPLOYEE OF THE MONTH
On behalf of the City Council, Chairwoman DiSciullo presented the “Employee of the Month” Award to Tony Sans and Mindy Matusiak.
City Council recessed from 7:35 p.m. to 8:05 p.m. It is noted for the record that the same Councilors were present when the meeting reconvened.
BUSINESS CONTINUED
(J) DISCUSSION – Reimburse Legal Expenses for Recall Petition.
(Editorial History: At the beginning of the meeting, Chairwoman DiSciullo added this item for discussion due to the time sensitive nature of the matter.)
Chairwoman DiSciullo read a memo that she had prepared to help clarify for the citizens what is going on with the recall petition and what rights the Councilors have, and do not have, in this matter. The City Attorney had provided her with a memorandum summarizing Florida Law on the subject and she listed the reasons acceptable for recall consideration.
Public Comment
Mr. Ed Foster, 1952 San Marco Road, commented on the question of reimbursement of legal expenses.
Mr. Jerry Gibson, 2041 San Marco Road, commented that our elected officials should be protected.
Mr. John Nachef, 1744 Granada Drive, questioned if there is a limit or cap on the expenses.
Mr. Bill McMullan, 1250 North Collier Boulevard, commented that Council may be setting a dangerous precedence.
Before the following motion, Councilor Trotter abstained from voting.
MOTION by Chairwoman DiSciullo to authorize reimbursement for reasonable attorney fees and expenses related to litigation of the proposed recall for Councilor Trotter. Second by Councilor Popoff. MOTION CARRIED 5-0.
Before the following motion, Councilor Minozzi abstained from voting.
MOTION by Chairwoman DiSciullo to authorize reimbursement for reasonable attorney fees and expenses related to litigation of the proposed recall for Councilor Minozzi. Second by Councilor Popoff. MOTION CARRIED 5-0
Before the following motion, Vice-Chairman Tucker abstained from voting.
MOTION by Chairwoman DiSciullo to authorize reimbursement for reasonable attorney fees and expenses related to litigation of the proposed recall for Vice-Chairman Tucker. Second by Councilor Popoff. MOTION CARRIED 5-0.
(D) RESOLUTION – Public Hearing – Petition CU-05-02, Clay C. Brooker of Cheffy, Pasidomo, Wilson and Johnson, representing Trinity Plaza LLC, is requesting conditional use approval for a mixed residential and commercial building including 18 condominium units and 20,774 square feet of retail/office space in accordance with Section 30-224 (16) of the C-3 zoning districts for property located at the Southeast corner of San Marco Road and Balmoral Court, further described as Lot 1, Block 147, Marco Beach Unit 5.
(Editorial History: The Planning Board conducted a public hearing on June 23, 2006, and voted to continue the meeting to July 21, 2006. The Planning Board conducted a second public hearing on July 21, 2006, and after considering the recommended changes and conditions, voted 6-0 to approve the project contingent upon the conditions set forth in the Resolution. No members of the public spoke in opposition to these conditions.)
City Manager Bill Moss, read, by title only, the Resolution Granting Conditional Use Approval to Develop Three Mixed-use Buildings in accordance with Section 30-224(16) of the C-3 Commercial Zoning district and Marco Island Land Development Code, for property Described as Lot 1, Block 147, Marco Beach Unit 5, in Section 16, Township 52 South, Range 26 East, City of Marco Island, Florida. Each Councilor made his or her exparte disclosure; all witnesses were sworn in by the City Clerk.
Public Comment
Attorney Clay Brooker of the Firm Cheffy, Pasidomo, Wilson and Johnson reviewed the petition and responded to Council’s questions.
MOTION by Vice-Chairman Tucker to approve Petition CU-05-2. Second by Councilor Popoff. MOTION FAILED 3-3. Chairwoman DiSciullo, Councilor Kiester and Councilor Trotter opposed.
Chairwoman DiSciullo announced that the petition has been denied.
(E) RESOLUTION – Racquet Center Fees.
(Editorial History: The Parks and Recreation Advisory Committee (PRAC) held a Special Meeting on September 11, 2006 to discuss the proposed FY07 fees for the Racquet Center. After discussion and public comment, the PRAC voted (5-1) to recommend FY07 Racquet Center fees be assessed as follows: Adult Annual Pass Tennis $275.00 and Adult Annual Pass Racquet Ball $215.00.)
City Manager Bill Moss, read, by title only, the Resolution providing for the Establishment of Annual Pass Fees for the City of Marco Island Racquet Center. There was no public comment.
MOTION by Chairwoman DiSciullo to Approve the Resolution to Establish “Annual Pass” fees for the Racquet Center Attachment C. Second by Councilor Minozzi. MOTION CARRIED UNANIMOUSLY 6-0.
MOTION made by Councilor Minozzi to extend the meeting past 9:00 p.m. Second by Councilor Trotter. MOTION CARRIED UNANIMOUSLY 6-0.
(F) DISCUSSION – City Manager Annual Performance Review.
(Editorial History: This subject was scheduled on the September 5, 2006 City Council agenda and deferred to the September 18th meeting).
Each Councilor expressed their evaluation for the City Manager.
Public Comment
Mr. Sal Sciarrino, 911 Montego Court, stated that the City Manager’s performance is a “10”.
Mr. Ed Foster, 1952 San Marco Road, expressed his opinions on the City Manager’s performance.
Ms. Phyllis Marco, 4000 Royal Marco Way, spoke highly of the City Manager.
Mr. Russ Colombo, 755 Plantation Court, questioned if there is a maximum amount that the City Manager can make.
Mr. Jerry Gibson, 2041 San Marco Road, complimented the City Manager’s performance.
MOTION by Councilor Minozzi to authorize 8% raise for City Manager. Second by Chairwoman DiSciullo. MOTION CARRIED 5-1. Councilor Kiester opposed.
(G) DISCUSSION – Swale Parking.
This agenda item was deferred to the next meeting for discussion.
(H) DISCUSSION – Amending Parks Rules Ordinances to Allow Dogs on Leashes within City Parks.
This agenda item was deferred to the next meeting for discussion.
(I) DISCUSSION – Proposed Mutual and Reciprocal Parking License Agreement between City and First Baptist Church or Marco Island.
(Editorial History: As the Parks and Recreation Department and Parks and Recreation Advisory Committee developed improvement plans for Winterberry Park, discussion between city staff and the pastor at the FBC took place concerning agreements to share parking facilities to accommodate overflow parking from city special events and well attended church services and for public use of the future church playground. The proposed parking agreement formalizes past practices of allowing each organization to use each other’s parking facilities for large events and gatherings.)
Council reviewed the proposed Mutual and Reciprocal Parking License Agreement between the City and the First Baptist Church of Marco Island. There was no public comment.
MOTION by Councilor Minozzi to approve proposed Mutual and Reciprocal Parking License Agreement modified to allow either party to terminate with 180 days notice. Second by Councilor Popoff. MOTION CARRIED UNANIMOUSLY 6-0.
COUNCIL COMMUNICATION AND DISCUSSION
Councilor Kiester suggested that Councilors view Collier Boulevard from the 6th floor of the Sussex Condominium to gain a different perspective.
Chairwoman DiSciullo requested City Council consider requiring landscapers to take classes for “Best Management Practices” and directed staff to look into the program that the City of Naples uses.
FUTURE AGENDA
Councilor Popoff requested that City Council reconsider the purchase of the vacant lot at San Marco and Heathwood, assuming that the price could be negotiated lower and MICA is satisfied with the City’s purchase as it relates to deed restrictions.
PUBLIC COMMENTS
Mr. Bill McMullan, 1250 North Collier Boulevard, commented that he believes Council should make an effort to resolve the divisiveness on the Island.
ADJOURN
There being no further business to come before City Council, the meeting adjourned at 9:57 p.m.
_________________________________
Terri DiSciullo, Council Chairwoman
Date:
ATTEST:
_________________________________
Laura Litzan, City Clerk
Date:
PREPARED BY:
_________________________________
Debbie McCabe, Secretary
Date:
| 
