City Council Minutes
Chairwoman: Terri DiSciullo
City Council: Ted Forcht, Chuck Kiester, Michael F. Minozzi Jr.,
Robert J. Popoff, William D. Trotter, E. Glenn Tucker
Regular Meeting – October 16, 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 Director
Bryan Milk, Acting Community Development 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
Chairwoman Terri DiSciullo provided the invocation; student Ciera Parcelles led the pledge of allegiance.
APPROVAL OF AGENDA
MOTION by Councilor Minozzi to approve the agenda. Second by Vice-Chair Tucker. MOTION CARRIED UNANIMOUSLY 6-0.
PUBLIC COMMENT (ITEMS NOT ON THE AGENDA)
Mr. Sal Sciarrino, 911 Montego Court, commented on the amount of taxes that are paid into the county and School Board.
Mr. Ken Honecker, 632 Dorando Court, expressed concern about a rental home next door to him and requested that rental homes be registered.
Ms. A.K. Battaglia, 39 North Collier Boulevard, advised Council that she is having difficulty getting into her condo driveway due to construction.
PUBLIC HEARINGS/SEPTIC TANK REPLACEMENT PROGRAM
(A) RESOLUTIONS – Final Assessment Resolutions to Establish Sewer Districts:
(Editorial History: On September 5, 2006, the City Council approved five (5) preliminary assessment resolutions, directing staff to accomplish the steps required to formalize assessment districts for construction in 2007. Approximately 1,400 property owners within the five sewer assessment districts were notified by first class mail of the public hearings and Final Assessment Resolutions scheduled for this meeting. Property owners were also provided a letter with additional information and an explanation of available assessment payment options. Procedural requirements include the publication of notice in the newspaper. Timely filing of the notice did not occur; therefore, legal counsel recommends that all public hearings be continued to the City Council meeting of November 6, 2006. This
meeting is to hold public hearings on each of the five Final Assessment Resolutions and continue each public hearing to the City Council meeting of November 6, 2006.)
City Manager Bill Moss read, by titles only, the Final Assessment Resolutions relating to the construction and funding of wastewater improvements in the North Barfield Sewer Assessment Area; the West Winterberry Sewer Assessment Area; the North Marco Sewer Assessment Area; the Old Marco Sewer Assessment Area; and the Port Marco Association Sewer Assessment Area.
Public Comment
Ms. Syd Mellinger, 1200 Ludlam Court, questioned whether those who paid in advance would be entitled to a refund.
Mr. Jim May, 1231 Mimosa Court, questioned whether the 10-year deferral that he is entitled to will also defer interest as well.
Mr. John Vanne, 930 Hyacinth Court, stated that upgrades to the water plant should be paid by the entire island.
Mr. Werner Wackerman, 875 Magnolia Court, expressed his views that the entire island should be paying for the Septic Tank Replacement Program (STRP).
Mr. John Owshanik, 766 Plantation Court, complained that a motorist trying to get out damaged a mailbox and expressed concern about the Septic Tank Replacement Program.
Mr. Jim Kennedy, 87 North Collier Boulevard, feels there is an inequity in the Septic Tank Replacement Program and that the minority should have a say.
Dr. Fay Biles, 1588 Heights Court, questioned the language in the newspaper advertisement.
MOTION by Councilor Kiester to continue the public hearings on the Final Assessment Resolutions to establish the North Barfield Sewer Assessment Area, the West Winterberry Sewer Assessment Area, the North Marco Sewer Assessment Area, the Old Marco Sewer Assessment Area, and the Port Marco Association Sewer Assessment Area to the next regular Council meeting on November 6, 2006 at 6:00 p.m. Second by Councilor Popoff. MOTION CARRIED UNANIMOUSLY 6-0.
(B) RESOLUTIONS – Final Bond Resolutions to Authorize the Issuance of Bonds for Sewer Assessment Areas.
(Editorial History: On September 5, 2006, the City Council approved five (5) preliminary assessment resolutions, directing staff to accomplish the steps required to formalize assessment districts for construction in 2007. Approximately 1,400 property owners within the five sewer assessment districts were notified by first class mail of the public hearings and Final Assessment Resolutions scheduled for this meeting. Property owners were also provided a letter with additional information and an explanation of available assessment payment options. Procedural requirements include the publication of notice in the newspaper. Timely filing of the notice did not occur; therefore, legal counsel recommends that all public hearings be continued to the City Council meeting of November 6, 2006. This
meeting is to hold public hearings on each of the five (5) Bond Resolutions and continue each public hearing to the City Council meeting of November 6, 2006.)
City Manger Bill Moss read, by titles only, the Resolutions Authorizing the Issuance of Special Assessment Revenue Bonds, Series 2007, in the principal amount of not to exceed $9,300,000 for the principal purpose of funding wastewater collection improvements and wastewater treatment capacity improvements to serve the North Barfield Sewer Assessment Area; in the principal amount of not to exceed $13,750,000 for the West Winterberry Sewer Assessment Area; in the principal amount of not to exceed $4,900,000 for the North Marco Sewer Assessment Area; in the principal amount of not to exceed $1,400,000 for the Old Marco Sewer Assessment Area; and in the principal amount of not to exceed $305,000 for the Port Marco Association Sewer Assessment Area.
Public Comment
None
MOTION by Councilor Popoff to continue the public hearings on the Final Bond Resolutions to Authorize the Issuance of Bonds for the North Barfield Sewer Assessment Area, the West Winterberry Sewer Assessment Area, the North Marco Sewer Assessment Area, the Old Marco Sewer Assessment Area and the Port Marco Association Sewer Assessment Area to the next regular Council meeting on November 6, 2006 at 6:00 p.m. Second by Councilor Minozzi. MOTION CARRIED UNANIMOUSLY 6-0.
(C) RESOLUTION – Public Hearing – A Resolution Electing to Use the Uniform Method of Collecting Non-Ad Valorem Assessments.
(Editorial History: On September 5, 2006, City Council directed the preparation of a resolution to establish the Uniform Method of Collecting Non-Ad Valorem Taxes. These actions are required for the City to offer the payment option for sewer assessments under the Septic Tank Replacement Program (STRP) for level annual payments for 20 years on the annual property tax bill. This is the identical process used by the City to offer this payment option to residents in the two neighborhoods currently under construction. These actions are required under Florida State Statutes to allow Collier County to collect assessments on behalf of the City of Marco Island. City Council is requested to hold a public hearing and approve the proposed resolution, allowing the payment option on the STRP of level
annual payments over 20 years on the annual property tax bill.)
City Manger Bill Moss read, by title only, the Resolution Electing to Use the Uniform Method of Collecting Non-Ad Valorem Assessments for More Than One Year.
Public Comment
None
MOTION by Councilor Minozzi to approve the Resolution Electing to Use the Uniform Method of Collecting Non-Ad Valorem Assessments for more than One Year. Second by Councilor Popoff. MOTION CARRIED 5-1. Councilor Kiester opposed.
(D) RESOLUTION – A Resolution Authorizing a Sewer Agreement with North Marco Utility Company, Inc.
(Editorial History: This is a proposed agreement between the City of Marco Island and the North Marco Utility Company, Inc. to extend the payment options of the Septic Tank Replacement Program (STRP) to residents within the franchise boundaries of the North Marco Utility Company. The North Marco Utility Company, Inc. has a franchise to provide wastewater collection on Marco Island north of Old Marco Lane (a/k/a Ehret Lane) pre-dating the City’s acquisition of utilities from Florida Water Services in 2003.)
City Manager Bill Moss read, by title only, the Resolution Authorizing and Directing the Execution of an Agreement with North Marco Utility Company, Inc.
MOTION by Vice-Chair Tucker to approve the Resolution Authorizing and Directing the Execution of an Agreement with North Marco Utility Company, Inc. Second by Councilor Popoff. MOTION CARRIED 5-1. Councilor Kiester opposed.
(E) RESOLUTION – A Resolution Providing Policy Direction for Payment Alternatives for Owners Subject to Future STRP Special Assessments.
(Editorial History: This matter is to consider the proposed Resolution Providing Policy Direction for Payment Alternatives for Owners Subject to Future (STRP)Special Assessments in neighborhoods scheduled for construction in 2008 and beyond to “Lock In” 2006 construction costs. City Council has previously given direction to establish a program to protect property owners in future assessment districts from rapidly rising construction costs.)
City Manager Bill Moss read, by title only, the Resolution Providing Policy Direction for Payment Alternatives for Owners Subject to Future STRP Special Assessments.
Public Comment
Mr. John Owshanik, 766 Plantation Court, expressed his opposition to the STRP.
Mr. Ken Honecker, 632 Dorando Court, questioned the details of the 10-year deferral for advanced systems.
Mr. Pedro Vazquez, 1640 Almeria Court, expressed his views on the STRP.
MOTION by Councilor Minozzi to approve the Resolution Providing Policy Direction for Payment Alternatives for Owners Subject to Future STRP Special Assessments. Second by Chairwoman DiSciullo. MOTION CARRIED UNANIMOUSLY 6-0.
APPROVAL OF CONSENT AGENDA
(A) Council Minutes for September 28, 2006 (Special-Called Meeting)
(B) Council Minutes for October 3, 2006 (Regular Meeting)
(C) Award of Contract – Audio/Visual system for Community Room
(D) Renewal of Employee Health Insurance
MOTION by Vice-Chair Tucker to approve and adopt the consent agenda. Second by Councilor Kiester. MOTION CARRIED UNANIMOUSLY 6-0.
BUSINESS
MOTION by Vice-Chair Tucker to move item 7(B) ahead of Item 7(A). Second by Councilor Kiester. MOTION CARRIED UNANIMOUSLY 6-0.
(B) ORDINANCE – First Reading – An Ordinance to Amend Chapter 34, Article I, Section 3(k) (Parks and Recreation Rules) “Dogs and Other Pets” to Allow Dogs in Parks.
(Editorial History: On October 3, 2006, the City Council discussed making changes to the Parks Rules Ordinance, “Dogs and Other Pets”, Chapter 34, Article I, Section 3(k). After discussion, City Council directed staff to draft an amendment to the ordinance so dog owners would be permitted to walk their dogs on a leash at Leigh Plummer Park (Barfield Dr.) and Tract C and D (Winterberry Drive.)
City Manager Bill Moss read, by title only, the Ordinance Amending Chapter 34, Article I, Section 3(k) to allow dogs in parks.
Public Comment
Ms. Mary Ann Maniace, 357 Rookery Court, representing property owners in the area of Leigh Plummer Park, spoke in opposition to dogs in Leigh Plummer Park.
Mr. Robert Richardson, 1724 Wavecrest Court, spoke in opposition to dogs in Leigh Plummer Park.
Ms. Diana Glover, 1792 Piedmont Circle, reminded Council that a dog park will be opened in 2007 on Manatee Road.
Mr. Jerry Gibson, 2041 San Marco Road, spoke in favor of allowing dogs in parks.
Ms. Hildegard Nickel, 401 North Barfield Drive, expressed concern about the damage done by dog urine on trees.
Mr. Helmut Nickel, 401 North Barfield Drive, suggested that dogs be limited to sidewalks.
Ms. Betty Richardson, 1724 Wavecrest Court, walks in Leigh Plummer Park every day and is opposed to this.
Ms. Deborah Chapman, 260 Polynesia Court, spoke in favor of allowing dogs in Leigh Plummer Park.
Ms. Erin Hollett, 1675 Piedmont Circle, is in favor of allowing dogs in Leigh Plummer Park.
Mr. Bob Smid, 950 Ruby Court, spoke in favor of allowing dogs in parks.
Mr. Armando Petra, 331 Regatta Court, observed 2 out of 18 dog owners pick up after their dogs and is opposed to dogs in parks.
Mr. Tom Campau, 421 North Barfield Drive, spoke in opposition to allowing dogs in Leigh Plummer Park.
MOTION by Councilor Popoff to adopt on first reading the Ordinance to Amend Chapter 34, Article I, Section 3(k) (Parks and Recreation Rules) “Dogs and Other Pets” to allow dogs in parks. Second by Councilor Minozzi. MOTION CARRIED 5-1. Vice-Chair Tucker opposed.
MOTION by Councilor Popoff to prepare the resolution to allow dogs on leashes on Tract C and D (Winterberry Drive) for Council’s consideration. Second by Councilor Minozzi. MOTION CARRIED UNANIMOUSLY 6-0.
Recess: 8:07 p.m. to 8:30 p.m. It is noted for the record that the same Councilors were present when the meeting reconvened.
(A) ORDINANCE – First Reading – An Ordinance to Amend Chapter 52, Division 2 (Impact Fees).
(Editorial History: At the October 9, 2006 City Council meeting, City Council reviewed the Public Resources Management Group, Inc. report and concurred that an ordinance should be prepared to amend the impact fees as recommended.)
City Manager Bill Moss read, by title only, an Ordinance to Amend Chapter 52, Division 2, (Impact Fees).
MOTION by Vice-Chair Tucker to adopt on first reading the Ordinance to Amend Chapter 52, Division 2 (Impact Fees). Second by Chairwoman DiSciullo. MOTION CARRIED UNANIMOUSLY 6-0.
(C) RESOLUTION – A Resolution Accepting the Findings of the 2006 Annual Level of Service Report.
(Editorial History: On October 3, 2006, City Council received and discussed the 2006 Annual Level of Service (LOS) Report. City Council is required to hold a public hearing prior to considering the proposed resolution.)
City Manager Bill Moss read, by title only, a Resolution Accepting the Findings of the 2006 Annual Level of Service Report.
MOTION by Vice-Chair Tucker to approve a Resolution Accepting the Findings of the 2006 Annual Level of Service Report. Second by Councilor Popoff. MOTION CARRIED UNANIMOUSLY 6-0.
7(D) DISCUSSION – Proposed Seawall Ordinance
(Editorial History: This matter was originally scheduled for the June 19, 2006 meeting, and subsequently continued by City Council to a date uncertain. City Council added this item to the agenda for discussion on October 3, 2006 and directed staff to prepare the ordinance for further discussion and consideration at the meeting of October 16, 2006.)
Public Comment
Mr. John Owshanik, 766 Plantation Court, suggested that the manufacture of seawall panels should be conducted off island.
Mr. Dave Gardner, 817 Giralda Court, suggested that Council not allow extensions to the rules.
Mr. Paul Pransky, 595 Goldcoast Court, spoke against allowing residential lots for commercial use.
Mr. Donald Ricci, Jr., with Marco Marine Construction, advised Council that 60 days is not enough and the importance of using property close to the installation site.
Mr. Duane Thomas, with Duane Thomas Marine Construction, expressed concern about the use of vacant lots by other construction uses.
Mr. Dick Schoen, 1815 Woodbine Court, advised Council that his seawall up north was replaced with vinyl.
Following discussion and public comment, Council directed staff to prepare an ordinance for Council’s consideration that allows seawall construction on vacant lots for no more than 120 days annually, omits notification of adjacent property owners, but includes placement of a sign on the property, and incorporates other staff recommendations.
MOTION by Councilor Kiester to extend the meeting past 9:00 p.m. Second by Councilor Popoff. MOTION CARRIED 5-1. Vice-Chairman Tucker opposed.
COUNCIL COMMUNICATIONS AND DISCUSSION
Councilor Popoff questioned the procedures for handling problems with rental properties.
Councilor Kiester asked if the new Community Development Director will be present at the joint workshop with City Council and the Planning Board on Monday, October 23, 2006.
Councilor Kiester commended Bryan Milk for his efforts as Acting Community Development Director.
Chairwoman DiSciullo questioned the procedures for conditional use applications. She expressed concern that petitioners assume City Council approval if the Planning Board approves.
Chairwoman DiSciullo questioned whether Council wanted to move “Public Comment” ahead of “Council Communication”.
FUTURE AGENDA
Chairwoman DiSciullo requested Council consider a future workshop to discuss funding “essential services” outside of spending cap.
PUBLIC COMMENT (ITEMS NOT ON THE AGENDA)
None.
ADJOURN
There being no further business to come before City Council, the meeting adjourned at 9:57 p.m.
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Terri DiSciullo, Council Chairwoman
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ATTEST:
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Laura Litzan, City Clerk
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PREPARED BY:
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Debbie McCabe, Secretary
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