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 – November 6, 2006 – 6:00 p.m.
Chairwoman DiSciullo called the meeting to order and presided.
ROLL CALL
All Councilors Were Present.
Also Present: A. William Moss, City Manager
Richard Yovanovich, City Attorney
Bill Harrison, Finance Director
Rony Joel, Public Works Director
Steven Olmsted, Community Development Director
Bryan Milk, Senior Planner
Dana Souza, Parks and Recreation Director
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 provided the invocation; student Vince Rives led the pledge of allegiance.
APPROVAL OF AGENDA
MOTION by Chairwoman DiSciullo to approve the agenda, amended to remove Items 8(A) and 8(H). Second by Councilor Forcht. MOTION CARRIED UNANIMOUSLY 7-0.
PUBLIC COMMENT (ITEMS NOT ON THE AGENDA)
Mr. Phil Kostelnik, 121 Channel Court, thanked residents for picking up trash that has been discharged from waste management trucks. He also commented on pool screen enclosures that have not been replaced and the unsafe conditions.
Mr. Monte Lazarus, 222 Waterway Court, commented that civil discourse and disagreement is vital and the behavior he is concerned about is happening outside this room.
On behalf of City Council, Chairwoman DiSciullo welcomed the new Community Development Director, Steve Olmsted.
PRESENTATIONS
(A) Employee of the Month
On behalf of City Council, Chairwoman DiSciullo and Fire Chief, Mike Murphy, presented Mary Husted with Employee of the Month Award for November.
(B) Big Cypress Basin – Presentation of Grant Awards
On behalf of Big Cypress Basin and the South Florida Water Management District (SFWMD), Director Clarence Tears, Jr., presented a check for $2 million in funding for several capital projects including the Septic Tank Replacement Program (STRP).
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. Public hearings were held at the City Council meeting of October 16th and input received from residents of the five
assessment areas and other concerned citizens. City Council continued the public hearings to this November 6, 2006 meeting.)
Finance Director Bill Harrison 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.
In addition, the following documents are included as part of the record of this proceeding:
· Update to General Review of Wastewater Assessments, prepared by Public Resources Management Group, Inc., dated October 6, 2006;
· Septic Tank Replacement Program Overview, prepared by A. William Moss, City Manager, dated November 6, 2006;
· Final Assessment Resolutions, including affidavits of mailing and Assessment Calculation Details, prepared by Ennead, Inc.;
· Correspondence from citizens;
· Bond Resolutions.
Public Comment
Mr. John Defalco, 190 Hollyhock Court, stated that he is against the STRP.
Mr. Butch Neylon, 764 Hernando Court, expressed concern about the capacity charge portion of the STRP.
Mr. Ken Honecker, 632 Dorando Court, expressed his disagreement with the ERC concept.
Mr. Peter Cruz, 1230 Stone Court, commented that 2/3 of the homes are vacant for much of the year and feels 90% of his water goes to the grass so he is not in favor of the STRP.
Mr. Kjell Pettersen, 350 Rockhill Court, questioned whether federal funds have been applied for.
Mr. Butch Neylon, 764 Hernando Court, questioned the plant capacity expansion and the rebuilding of the existing plant.
Mr. Steve Ehrhorn, 77 South Seas Court, shared his comments concerning the STRP.
Ms. Beverly Trotter, 824 Caribbean Court, commented that study done in Key West showed that the waters were polluted.
Mr. Roger Hall, 1260 Osprey Court, commented about beach closings from sewer systems.
Mr. Pedro Vazquez, 1640 Almeria Court, voiced his opinion on the STRP.
Mr. Joe Batte, 240 Marquesas Court, questioned whether the Council has problems with the equity of the STRP.
Mr. Pat Walsh, 874 Magnolia Court, questioned what the rates will be once he is connected.
Mr. Werner Wackerman, 875 Magnolia Court, suggested how to reduce the cost of his monthly bill.
MOTION by Councilor Minozzi to Approve the Final Assessment Resolution to Establish the North Barfield Sewer District. Second by Councilor Popoff. MOTION CARRIED 4-3. Councilor Kiester, Councilor Forcht and Chairwoman DiSciullo opposed.
MOTION by Councilor Minozzi to Approve the Final Assessment Resolution to Establish the West Winterberry Sewer District. Second by Councilor Trotter. MOTION CARRIED 4-3. Councilor Kiester, Councilor Forcht and Chairwoman DiSciullo opposed.
MOTION by Councilor Minozzi to Approve the Final Assessment Resolution to Establish the North Marco Sewer District. Second by Councilor Tucker. MOTION CARRIED 4-3. Councilor Kiester, Councilor Forcht and Chairwoman DiSciullo opposed.
MOTION by Vice-Chairman Tucker to Approve the Final Assessment Resolution to Establish the Old Marco Sewer District. Second by Councilor Minozzi. MOTION CARRIED 5-2. Councilor Kiester and Councilor Forcht opposed.
MOTION by Councilor Popoff to Approve the Final Assessment Resolution to Establish the Port Marco Sewer District. Second by Councilor Trotter. MOTION CARRIED 5-2. Councilor Kiester and Councilor Forcht opposed.
PUBLIC HEARINGS / SEPTIC TANK REPLACEMENT PROGRAM
(A) 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. Public hearings were held at the City Council meeting of October 16th and input received from residents of the five
assessment areas and other concerned citizens. City Council continued the public hearings to this November 6, 2006 meeting.)
Finance Director Bill Harrison, 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.
Finance Director, Bill Harrison, also read the following into record:
“Bond Counsel recommends the following addition to the covenants in the Bond Resolution so that the City’s deferred payment approaches are clearly addressed:
Add to Section 8 of the Bond Resolution:
The Issuer agrees and covenants to undertake and adopt extraordinary means to provide for alternative and lawful payment opportunities for landowners whose property is subjected to, or is reasonably anticipated to be subjected to, Assessments and to collect same in lieu of and separate and apart from Assessments pledged hereunder in order to improve community acceptance in the sewering of the North Barfield Assessment Area and to more efficiently advance planning and construction of improvements comprising the Issuer’s water and wastewater utility system. In such events, the Issuer shall prepay or otherwise cause the payment of the Assessments for landowners who voluntarily subscribe to such extraordinary payment opportunities. Once the Assessments are paid by the Issuer on behalf of such landowners and the
lien is transferred to a voluntary payment agreement with the Issuer, the proceeds from such voluntary alternative payments agreements shall not be construed as Pledged Revenues.”
Public Comment
None
MOTION by Councilor Minozzi to Approve the Final Bond Resolution to Authorize the Issuance of Bonds for the North Barfield Sewer District. Second by Councilor Popoff. MOTION CARRIED 4-3. Councilor Kiester, Councilor Forcht and Chairwoman DiSciullo opposed.
MOTION by Vice-Chair Tucker to Approve the Final Bond Resolution to Authorize the Issuance of Bonds for the West Winterberry Sewer District. Second by Councilor Minozzi. MOTION CARRIED 4-3. Councilor Kiester, Councilor Forcht and Chairwoman DiSciullo opposed.
MOTION by Councilor Trotter to Approve the Final Bond Resolution to Authorize the Issuance of Bonds for the North Marco Sewer District. Second by Councilor Popoff. MOTION CARRIED 4-3. Councilor Kiester, Councilor Forcht and Chairwoman DiSciullo opposed.
MOTION by Councilor Minozzi to Approve the Final Bond Resolution to Authorize the Issuance of Bonds for the Old Marco Sewer District. Second by Councilor Popoff. MOTION CARRIED 5-2. Councilor Kiester and Councilor Forcht opposed.
MOTION by Councilor Popoff to Approve the Final Bond Resolution to Authorize the Issuance of Bonds for the Port Marco Sewer District. Second by Councilor Trotter. MOTION CARRIED 5-2. Councilor Kiester and Councilor Forcht opposed.
APPROVAL OF CONSENT AGENDA
(A) Council Minutes for October 9, 2006 (Special-Called Meeting 4:30 p.m.)
(B) Council Minutes for October 3, 2006 (Special-Called Meeting 6:00 p.m.)
(C) Council Minutes for October 16, 2006 (Regular Meeting)
(D) Council Minutes for October 23, 2006 (Joint Workshop)
MOTION by Vice-Chair Tucker to approve and adopt the consent agenda. Second by Councilor Forcht. MOTION CARRIED UNANIMOUSLY 7-0.
BUSINESS
(A) RESOLUTION – A Resolution Encouraging Free and Open Civil Discourse and Respect for Opinions of Others.
This item was removed from the agenda at the beginning of the meeting.
Recess: 7:50 p.m. to 8:10 p.m. It is noted for the record that the same Councilors were present when the meeting reconvened.
Following the recess, Council heard Items I and G before B.
(I) DISCUSSION – Request by Amber Lou Investment Company for Reduction of Fines/Lien Imposed by Code Enforcement Board.
(Editorial History: In a letter dated October 10, 2006, Attorney Jeff Bluestein, representing Amber-Lou Investment Company, is requesting that City Council consider a reduction of fines imposed by the Marco Island Code Enforcement Board (CEB) in case number CEB-06-372681. At hearings on June 20 and July 19, 2006, the CEB imposed a total fine in the amount of $18,750.00 for five violations of code that occurred at 1791 Waterfall Court between January 18, 2006 and May 13, 2006. The CEB imposed the fine after determining that the respondent did not comply with a CEB Order dated March 14, 2006. On September 1, 2006, a lien against the property in the same amount was filed in Collier
County).
MOTION by Vice-Chair Tucker to reduce fine to $5,000.00. Second by Councilor Minozzi. MOTION CARRIED 6-1. Councilor Forcht opposed.
(G) RESOLUTION – Reconsideration of Petition CU-05-02 (Trinity Plaza).
(Editorial History: City Council originally heard this petition on September 18, 2006. A motion to approve failed on a vote of 3-3. At the October 3, 2006 City Council meeting, Chairwoman DiSciullo advised that Dan Dufault requested Council to reconsider the petition because there were only six members present at the September 18, 2006 meeting. Council agreed to reconsider this petition at this meeting.)
Mr. 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, LDC (Reconsideration of Petition CU-05-02). Each Councilor made their exparte disclosure. The City Clerk sworn in all witnesses.
Public Comment
Representing the Petitioner, Mr. Clay Brooker of Cheffy, Passidomo, Wilson and Johnson, LLP, reviewed the petition and responded to Council’s questions.
The Petitioner, Mr. Dan Dufault, 1441 Caxambas Court, addressed the marketing of the property.
Mr. Phil Kostelnik, 121 Channel Court, expressed concern about unfinished buildings due to a declining real estate market.
MOTION by Councilor Popoff to approve 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, LDC (Reconsideration of Petition CU-05-02). Second by Councilor Forcht. MOTION CARRIED 6-1. Councilor Trotter opposed.
(B) ORDINANCE – Second Reading & Public Hearing – An Ordinance to Amend Chapter 52, Division 2 (Impact Fees).
(Editorial History: On October 9, 2006 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. This Ordinance was adopted on first reading at the October 16, 2006 meeting.)
Mr. Moss read, by title only, an Ordinance to Amend Chapter 52, Division 2, (Impact Fees).
MOTION by Chairwoman DiSciullo to adopt on second reading the Ordinance to Amend Chapter 52, Division 2 (Impact Fees). Second by Councilor Popoff. MOTION CARRIED UNANIMOUSLY 7-0.
(C) ORDINANCE – Second Reading & Public Hearing – An Ordinance Amending Chapter 34, Article I, Section 3(k) “Dogs and Other Pets.”
(Editorial History: On October 3, 2006 City Council discussed making changes to the Parks Rules Ordinance, “Dogs and Other Pets,” Chapter 34, Article I, Section 3(k). On October 16, 2006, City Council adopted the Ordinance on first reading.)
Mr. Moss read, by title only, the Ordinance Amending Chapter 34, Article I, Section 3(k) “Dogs and Other Pets.”
Public Comment
Ms. Sara Blake, of Stevens Landing, spoke against dogs in Mackle Park.
MOTION by Councilor Minozzi to Adopt on Second Reading the Ordinance to Amend Chapter 34, Article I, Section 3(k) “Dogs and Other Pets.” Second by Councilor Popoff. MOTION CARRIED UNANIMOUSLY 7-0.
MOTION by Councilor Minozzi to extend the meeting past 9:00 p.m. Second by Councilor Popoff. MOTION CARRIED 5-2. Vice-Chairman Tucker and Councilor Forcht opposed.
(D) RESOLUTION – A Resolution Providing for the Establishment of Rules for Dogs in City Owned Park known as Tract “C” and “D” (Winterberry Drive).
(Editorial History: On October 3, 2006 City Council discussed making changes to the Parks Rules Ordinance, “Dogs and Other Pets,” Chapter 34, Article I, Section 3(k). On October 16, 2006 City Council adopted the Ordinance on first reading. Upon adoption of the Ordinance, City Council will then consider a resolution establishing Tract C and D (Winterberry) as a location where dog owners may walk their dogs on leash.)
Mr. Moss, read, by title only, the Resolution Providing for the Establishment of Rules for Dogs in City Owned Park known as Tract “C” and “D” (Winterberry Drive).
MOTION by Councilor Popoff to Adopt the Resolution Providing for the Establishment of Rules for Dogs in City Owned Park known as Tract “C” and “D” (Winterberry Drive). Second by Vice-Chair Tucker. MOTION CARRIED UNANIMOUSLY 7-0.
(E) ORDINANCE – First Reading – An Ordinance Relating to the Construction, Reconstruction, Repair, and Alteration of Seawalls and Revetments.
(Editorial History: 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. At the October 16, 2006 meeting, City Council directed staff to rewrite the ordinance with proposed amendments.)
Mr. Moss, read, by title only, an Ordinance Relating to the Construction, Reconstruction, Repair, and Alteration of Seawalls and Revetments Adjacent to Salt Water Bodies and An Amendment to the Code of Ordinances to Provide Regulations for Seawall Construction.
Public Comment
Mr. Dave Gardner, 817 Giralda Court, expressed his concern about the construction process and the impact on the neighborhood.
Ms. Barbara Johnson, 573 Goldcoast Court, expressed support for the Ordinance and suggested that exceptions need to be made on a case-by-case basis.
Mr. Paul Pransky, 595 Goldcoast Court, expressed his concern regarding the lack of consideration that seawall builders have for the neighbors.
Mrs. Phyllis Pransky, 595 Goldcoast Court, expressed concern about the continuous use of property next door to her.
MOTION by Councilor Minozzi to Adopt on First Reading the Ordinance Relating to the Construction, Reconstruction, Repair, and Alteration of Seawalls and Revetments Adjacent to Salt Water Bodies and An Amendment to the Code of Ordinances to Provide Regulations for Seawall Construction. Second by Councilor Kiester. MOTION CARRIED UNANIMOUSLY 7-0.
(F) RESOLUTION – A Resolution Authorizing the Execution of a Local Agency Agreement with Florida Department of Transportation (FDOT) (Development of a Sidewalk/Pedestrian/Bicycle Node on South Collier Boulevard at Spruce Avenue.)
(Editorial History: The City previously received a FDOT grant to construct a sidewalk/pedestrian/bicycle node in the amount of $50,000. This proposed resolution is requesting City Council to authorize the City Manager to enter into an Agreement with the Florida Department of Transportation (FDOT for the development of the node in the amount of $50,000.)
Mr. Moss read, by title only, the Resolution Authorizing the Execution of a Local Agency Agreement with Florida Department of Transportation (FDOT) (Development of a Sidewalk/Pedestrian/Bicycle Node on South Collier Boulevard at Spruce Avenue.)
MOTION by Councilor Minozzi to Adopt the Resolution and Authorizing the City Manager to Execute a Local Agency Agreement with the FDOT for the development of the node in the amount of $50,000. Second by Vice-Chair Tucker. MOTION CARRIED UNANIMOUSLY 7-0.
(H) DISCUSSION – Award of Contract – Lease of Teen Center.
This item was removed from the agenda at the beginning of the meeting.
COUNCIL COMMUNICATIONS AND DISCUSSION
Councilor Kiester commented that he will ask Council to consider items on developing a “Mixed-Use Master Plan” and “Mega-homes” in the near future.
FUTURE AGENDA
None
PUBLIC COMMENT (ITEMS NOT ON THE AGENDA)
Mr. John Owshanik, 766 Plantation Court, expressed concern about getting out in traffic along Collier Boulevard.
ADJOURN
There being no further business to come before City Council, the meeting adjourned at 10:04 p.m.
_________________________________
Terri DiSciullo, Council Chairwoman
Date: ___________________________
ATTEST:
________________________________
Laura Litzan, City Clerk
Date: __________________________
PREPARED BY:
________________________________
Debbie McCabe, Secretary
Date: __________________________
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