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 – December 4, 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: Greg Urbancic, 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
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 Kyle Bennett, St. Marks Episcopal Church, provided the invocation; student Veronica Torres led the pledge of allegiance.
APPROVAL OF AGENDA
MOTION by Councilor Minozzi to approve the agenda. Second by Councilor Popoff. MOTION CARRIED UNANIMOUSLY 7-0.
PUBLIC COMMENT (ITEMS NOT ON THE AGENDA)
Mr. Sal Sciarrino, 911 Montego Court, commented on all the activity he has seen, pedestrians and bike riders, on the new Collier Boulevard sidewalks.
Mr. Duane Thomas, 296 Rockhill Court, expressed concern that the marine construction industry is being singled out for its use of vacant lots and that others should not be allowed to use vacant lots either.
PRESENTATIONS
(A) Employee Longevity Award
On behalf of City Council, Chairwoman DiSciullo and Finance Director Bill Harrison presented Longevity Awards and bonuses to the following employees for their years of service to the City of Marco Island:
Geoff LaCost, Utilities 5 years
Karen Twilla, Finance 5 years
Tom Bogan, Fire/Rescue 15 years
Chris Crossan, Fire/Rescue 15 years
Scott Schultz, Fire/Rescue 25 years
(B) Employee of the Month for December
On behalf of City Council, Chairwoman DiSciullo presented Don Blalock with “Employee of the Month” Award for December 2006.
(C) Marco Island Power Squadron – Waterway Navigation Markers
Mr. James Olmes and Mr. Bryan Mordecai presented information on the inventory of waterway signs maintained by the Marco Island Power Squadron.
APPROVAL OF CONSENT AGENDA
(A) Council Minutes for November 6, 2006 (Regular Meeting)
(B) Approval of City Council 2007 Schedule
(C) Schedule of Public Hearing on Utility Rates
(D) Capital Projects Carry Forward to FY 2007
(E) Award of Contract – Parks and Recreation Design Services
(F) Award of Contract – Mackle Park Design, Phase II
(G) Award of Contract – Repair of Utility Facilities
(H) Award of Contract – Residential Sewer Connections
(I) Award of Contract – Furniture
(J) Approval of Staging Area Agreement – 975 Chalmer Drive
MOTION by Councilor Minozzi to approve and adopt the consent agenda, amended to remove items 5B, 5C, 5E, and 5H from consent and move them to the first item of business. Furthermore, Council agreed to move item 7(D) before item 5(A). Second by Councilor Kiester. MOTION CARRIED UNANIMOUSLY 7-0.
5(B) Approval of City Council 2007 Schedule
MOTION by Councilor Popoff to approve City Council 2007 Schedule. Second by Councilor Forcht. MOTION CARRIED UNANIMOUSLY 7-0.
5(C) Schedule Public Hearing on Utility Rates
Public Comment
Mr. John Owshanik, 766 Plantation Court, commented that Lewis Court was repaved last year in the Septic Tank Replacement Program (STRP).
Mr. Ken Honecker, 632 Dorando Court, commented that he believed that the savings from reuse would be used.
Mr. Amadeo Petricca, 331 Regatta Court, questioned whether the 2% would be set aside for the purpose of repaving the roads and not commingled with the utility funds.
MOTION by Councilor Kiester to provide notice and schedule a public hearing on utility rates for the City Council meeting of January 22, 2007. Second by Councilor Popoff. MOTION CARRIED UNANIMOUSLY 7-0.
5(E) Award of Contracts – Parks and Recreation Design Services
MOTION by Councilor Kiester to authorize the City Manager to enter into contracts with McGee and Associates, Goetz & Stropes Landscape Architects, Inc., Wilson-Miller, Kimley-Horn and Associates, American Engineering Consultants of Marco Island and Hole Montes. Second by Vice-Chair Tucker. MOTION CARRIED UNANIMOUSLY 7-0.
5(H) Award of Contract – Residential Sewer Connections
Public Comment
Mr. Ken Honecker, 632 Dorando Court, questioned when this work will begin.
MOTION by Councilor Minozzi to authorize City Manager to enter into a contract with Rohaley & Sons Plumbing Contractors for sewer connection services as requested by individual property owners. Second by Councilor Trotter. MOTION CARRIED UNANIMOUSLY 7-0.
BUSINESS
(D) RESOLUTION – A Resolution Authorizing the Issuance of Utility Revenue Bonds, Series 2006.
(Editorial History: As part of the City’s long-term Capital Improvement Program for the Water/Sewer Utility Fund, the current Wastewater Treatment Plant is being upgraded to MBNR technology. This project is not part of the Septic Tank Replacement Program (STRP) and will be paid for by the rate base customers of the utility. Bids were opened on November 14, 2006 and four bids were received: AmSouth Bank, Bank of America, SunTrust, and Wachovia.)
Finance Director Bill Harrison read, by title only, a Resolution of the City of Marco Island, Florida Authorizing the Issuance of not to exceed $5,500,000 Utility System Revenue Bond, Series 2006.
Public Comment
Mr. John Delfalco, 190 Hollyhock Court, commented that as a new customer, he will have to pay for upgrades to the new plant.
MOTION by Councilor Minozzi to approve the Resolution to Award the Issuance of $5.5 million for the City of Marco Island Water/Sewer Revenue Bonds to the lowest qualified bidder, Bank of America, at an annual interest rate of 3.81%. Second by Councilor Popoff. MOTION CARRIED UNANIMOUSLY 7-0.
(A) ORDINANCE – Second Reading & Public Hearing – An Amendment to the Code of Ordinances to Provide Regulations for Seawall Construction.
(Editorial History: At the November 6, 2006 City Council meeting, City Council adopted on first reading the proposed Seawall Construction Ordinance.)
Finance Director Bill Harrison 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. John Owshanik, 766 Plantation Court, expressed concern about other work being done on vacant lots.
Mr. Duane Thomas, 296 Rockhill Court, commented on the use of the lots for work other than construction.
Dr. Fay Biles, 1588 Heights Court, expressed concern about the ordinance related to seawall failures.
Mr. Brian Gilmore, with Collier Seawall and Dock, 217 North Collier Boulevard, commented on their willingness to work together with staff.
Mr. Donald Ricci, Jr., with Marco Marine Construction, thanked City Council for their efforts and determination of a failed seawall.
Mr. Dave Gardner, 817 Giralda Court, commented on his experience with seawall replacement.
MOTION by Councilor Minozzi to Adopt on Second 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 6-1. Councilor Forcht opposed.
(B) RESOLUTION – A Resolution to Provide Technical Specifications for Constructing Seawalls and Revetments.
(Editorial History: Earlier in the meeting, City Council adopted on second reading the proposed Seawall Construction Ordinance. This resolution provides technical specifications for constructing seawalls and revetments and requires separate action by City Council.)
Finance Director Bill Harrison read, by title only, a Resolution to Provide Technical Specifications for Constructing Seawalls and Revetment Regulations.
MOTION by Vice-Chair Tucker to adopt the Resolution to Provide Technical Specifications for Constructing Seawall and Revetment Regulations. Second by Councilor Forcht. MOTION CARRIED UNANIMOUSLY 7-0.
(C) RESOLUTION – Public Hearing – A Resolution Authorizing Application for the Community Development Block Grant for Sidewalks.
(Editorial History: The City of Marco Island recently agreed to participate with Collier County in a Joint Urban County Agreement relative to application and management of Community Development Block Grant (CDBG) program funds for the construction of sidewalks in the Marco Highlands Subdivision to include sidewalks adjacent to both sides of Marco Lake Drive between 1st and 6th Avenue.)
Finance Director Bill Harrison read, by title only, a Resolution Approving Submittal of a Community Development Block Grant (CDBG) Application for Funding to Collier County for Potential U.S. Department of Housing and Urban Development (HUD) Funding in 2007-2008.
MOTION by Vice-Chair Tucker to approve the resolution authorizing the City Manager to complete and submit an application to Collier County for FY 2007-2008 Community Development Block Grant funding for the construction of sidewalks in the Marco Highlands Subdivision to include sidewalks adjacent to both sides of Marco Lake Drive between 1st and 6th Avenue. Second by Councilor Kiester. MOTION CARRIED UNANIMOUSLY 7-0.
Recess: 7:57 p.m. to 8:16 p.m. It is noted for the record that the same Councilors were present when the meeting reconvened.
(E) RESOLUTION – Public Hearing – Petition V-06-03, James E. Boughton of Boughton Architects, Inc., representing Anthony J. Iannotta, James McGregor, and Leonard J. Bubri, petitioners, requesting a 10-foot variance from the 20-foot minimum landscape buffer and screening requirements along a public right-of-way, in order to provide a 10-foot landscape buffer along Bald Eagle Drive and Hartley Avenue, in conjunction with plans to construct a new three story commercial building on property described as Lot 1, Block 35, Marco Beach Unit 1, also known as 515 Bald Eagle Drive.
(Editorial History: This is a public hearing to consider a 10-foot variance from the 20-foot perimeter landscape buffer and screening requirement in accordance with the landscape regulations governing the Town Center District. The perimeter landscape buffer is required to be 20-feet in width adjacent to Bald Eagle Drive and Hartley Avenue right-of-way.)
Finance Director Bill Harrison, read, by title only, the Resolution relating to Petition V-06-03. Each Councilor made his or her exparte disclosure; all witnesses were sworn in by the City Clerk.
Public Comment
Representing the Petitioner, Mr. Joel Snyder with Boughton Architects, Inc. responded to the Councilors concerns.
MOTION by Vice-Chair Tucker to approve Resolution Petition V-06-03. Second Councilor Minozzi. MOTION CARRIED 6-1. Councilor Forcht opposed.
(F) RESOLUTION – Public Hearing – Petition CU-06-03, Conditional use Request for a “Teen Center” to be located in property at the southwest corner of San Marco Road and South Barfield Drive, on Lots 13 and 14, Block 83, Marco Beach Unit One, also known as 1763 San Marco Road, and more commonly referred to as Calusa Plaza.
(Editorial History: In February of 2006, the Teen Sub-Committee initiated an effort to obtain space for a Teen Center in the Publix Plaza at South Barfield Drive. As a result of this effort, the Parks and Recreation Department discussed the Teen Center concept with City Council at the FY 07 Budget Workshop. City Council approved $100,000 for the lease and operation of the Teen Center and $50,000 for staffing. This matter was removed from the November 6, 2006 City Council agenda pending further information.)
Finance Director Bill Harrison read, by title only, the Resolution related to Petition CU-06-03. Each Councilor made his or her exparte disclosure; all witnesses were sworn in by the City Clerk.
Public Comment
None.
MOTION by Vice-Chair Tucker to approve Petition CU-06-03 to provide a Teen Center at 1763 San Marco Road. Second by Councilor Minozzi. MOTION CARRIED 6-1. Councilor Forcht opposed.
(G) DISCUSSION – Award of Contract – Design / Build of Wastewater Injection Well.
(Editorial History: The Utility Master Plan identified a Florida Department of Environmental Protection requirement to add an additional injection well to achieve two main objectives: 1) the current well capacity is below the required capacity for the additional customers being added under the Septic Tank Replacement Program; 2) the second is to provide redundancy should one of the well malfunction. Council is asked to consider an award of contract for the design of a Class I wastewater injection well and a authorization to negotiate for the drilling of the well.)
MOTION by Councilor Minozzi to authorize the City Manager to enter into a contract with Camp Dresser & McKee (CDM) for the design of the Class I Wastewater Injection Well for a fee of $625,545, and direct negotiate with Youngquist Brothers for the construction of the Class I injection well. Second by Councilor Forcht. MOTION CARRIED UNANIMOUSLY 7-0.
(H) DISCUSSION – Settlement of Lawsuit with American Funding and Service Corp.
(Editorial History: City Council is asked to consider approving a settlement agreement between the City and American Funding regarding the encroachment of asphalt and parking bumper stops on private property along Marco Lake Drive.)
Public Comment
Mr. Herbert Sheinberg, 394 Periwinkle Court, questioned whether an agreement exists.
MOTION by Councilor Minozzi to authorize for the City Manager to execute a settlement agreement with American Funding and Service Corporation. Second by Councilor Kiester. MOTION CARRIED UNANIMOUSLY 7-0.
(I) DISCUSSION – Additional Funding for “Marco Man” Statue.
(Editorial History: At the meeting of June 19, 2006, City Council authorized the acquisition of “Marco Man,” a welded steel sculpture currently on exhibit as part of ArtQuest 2006. The purchase price of “Marco Man” is $10,000. A private donor committed $5,000 towards the purchase price. The remaining $5,000 and approximately $400 in installation costs were to be paid from general funds. At the time City Council also requested that the Beautification Advisory Committee review possible locations for the sculpture and provide a recommendation for its placement. Subsequent to Council’s approval of the acquisition, the commitment for $5,000 from the private donor was rescinded. Attempts to secure replacement funds from other private donors have not been
successful.)
MOTION by Councilor Popoff to approve an additional $5,000 for purchase of “Marco Man” and direct the installation at the location recommended by the Beautification Advisory Committee. Second by Councilor Forcht. MOTION CARRIED 6-1. Vice-Chair Tucker opposed.
(J) DISCUSSION – Art League of Marco Island - Request for Funding.
(Editorial History: City Council is being asked to consider funding to support the Art League of Marco Island’s “Celebration of Arts and Culture” festival.)
Chairwoman DiSciullo advised Council that she will abstain from voting on this item due to a conflict resulting from her participation in conducting the Art League’s accounting audit.
MOTION by Councilor Forcht to approve the requested $10,000 grant and $756 service grant for police traffic control for the “Celebration of Arts and Culture” festival. Second by Vice-Chair Tucker. MOTION CARRIED 6-0. Chairwoman DiSciullo abstained from voting.
COUNCIL COMMUNICATIONS AND DISCUSSION
Chairwoman DiSciullo questioned when Council wanted to schedule workshops to discuss upcoming issues. City Council agreed that the Chair would work with the City Manager to establish the dates.
Chairwoman DiSciullo thanked Public Information Coordinator Lisa Douglass on the design of the new website.
Chairwoman DiSciullo advised City Council that she and Councilor Kiester will attend the “Solutions 07” seminar.
Councilor Forcht requested an update on the status of the completion of the new beach access.
Councilor Forcht questioned whether North Collier Boulevard construction will be complete by December 31, 2006 as planned.
FUTURE AGENDA
None.
PUBLIC COMMENT (ITEMS NOT ON THE AGENDA)
Mr. Ken Honecker, 632 Dorando Court, asked whether a separate pedestrian bridge can be added to the Smokehouse Bay Bridge.
ADJOURN
There being no further business to come before City Council, the meeting adjourned at 9:03 p.m.
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Terri DiSciullo, Council Chairwoman
Date:____________________________
ATTEST:
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Laura Litzan, City Clerk
Date:____________________________
PREPARED BY:
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Debbie McCabe, Secretary
Date:____________________________
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