City of Marco Island Florida
City Council Minutes
Chairman: Michael F. Minozzi Jr.
City Council: Terri DiSciullo, Ted Forcht, Chuck Kiester,
Robert J. Popoff, William D. Trotter, E. Glenn Tucker
Special-Called Meeting – December 3, 2007 – 5:45 p.m.
Chairman Minozzi called the meeting to order and presided.
ROLL CALL
All Councilors present.
Also Present:
Anthony L. Shoemaker, Interim City Manager
A. William Moss, Former City Manager
Alan Gabriel, City Attorney
Bill Harrison, Finance Director
Rony Joel, Public Works Director
Roger Reinke, Police Chief
Michael Murphy, Fire Chief
Dana Souza, Parks and Recreation Director
Lisa Douglass, Public Information Coordinator
Laura Litzan, City Clerk
Other interested citizens and visitors
INVOCATION AND PLEDGE OF ALLEGIANCE
Reverend Curtis Ayers, Capri Christian Church, provided the invocation and led the pledge of allegiance.
APPROVAL OF AGENDA
MOTION by Vice-Chair Trotter to approve agenda, amended to move Item 3(F) (continued from 3:00 p.m. special-called meeting) to the first item of business, and move Item 6(E) before 6(D). Second by Councilor Forcht. MOTION CARRIED UNANIMOUSLY 7-0.
APPROVAL OF CONSENT AGENDA
(A) Council Minutes for October 29, 2007 (Special-Called Meeting)
(B) Council Minutes for November 5, 2007 (Closed and Regular Meetings)
(C) Council Minutes for November 12, 2007 (Special-Called Meeting)
MOTION by Councilor Forcht to approve and adopt the consent agenda, amended to remove Items 4(D) and 4(E) for discussion separately. Second by Councilor DiSciullo. MOTION CARRIED UNANIMOUSLY 7-0.
(D) Capital Projects Carry Forward to Fiscal Year 2008
(Editorial History: The fiscal year for the City of Marco Island runs from October 1st through September 30th. Each year, a number of capital projects budgeted in one fiscal year are not able to be completed. Funds remaining for these approved capital projects need to be carried forward to the new fiscal year.)
MOTION by Vice-Chair Trotter to approve funds for uncompleted capital projects to be carried forward to the new fiscal year. Second by Councilor DiSciullo. MOTION CARRIED UNANIMOUSLY 7-0.
(E) Appointment to Coastal Advisory Committee
(Editorial History: Collier County Ordinance No. 2001-03 created the Collier County Coastal Advisory Committee to assist the Board with its establishment of unified erosion control and inlet management programs and to advise with respect to project priorities and funding. The committee is composed of nine (9) members whose representation consists of three members from the unincorporated area of Collier County, three members from the City of Naples, and three members from the City of Marco Island.)
MOTION by Councilor Kiester to appoint Mr. Victor Rios to serve on the Coastal Advisory Committee. Second by Councilor Popoff. MOTION CARRIED UNANIMOUSLY 7-0.
PRESENTATIONS
(A) 2008 Legislative Session – Senator Burt Saunders
Senator Burt Saunders addressed City Council regarding upcoming legislative issues. City Council thanked Senator Saunders for his assistance on state legislative issues.
(B) RESOLUTION – Commendation for Distinguished Service – A. William Moss
On behalf of City Council, Chairman Minozzi presented Resolution 07-71 to former City Manager Bill Moss for his distinguished service to the community as the first City Manager for the City of Marco Island.
(C) Project Status Report – North Collier Boulevard
Public Works Director Rony Joel provided City Council with the current status of the construction project.
BUSINESS
3(F) DISCUSSION – Project Greenscape. (Continued from 3:00 meeting)
(Editorial History: On October 1, 2007, City Council considered and discussed the possibility of implementation of a landscape contractor certification and registration program that would require registration of landscape professionals with the City of Marco Island. On October 15, 2007, City Council agreed to bring this item back for discussion.)
Representing Rookery Bay Research Reserve Tabitha Stadler responded to Council’s questions.
Following discussion, Council decided to pursue preparation and distribution of information to the public regarding landscape maintenance rather than pursue adoption of Project Greenscape at this time.
(A) PUBLIC HEARINGS – RESOLUTION – Notice of Intent to Use Non-Ad Valorem Special Assessment – Fire Service Assessment.
(Editorial History: On October 15, 2007, the City Council accepted the study and methodology prepared by Government Services Group, Inc. developing a uniform method of collecting non-ad valorem special assessments for the cost of providing fire services. During that meeting, the City Council requested that staff prepare a resolution electing to use the uniform method of collecting non-ad valorem special assessments for fire services.)
Interim City Manager Tony Shoemaker read, by title only, the Resolution Providing Notice of the Intent to Use the Uniform Method of Collecting Non-Ad Valorem Special Assessments for Fire Services.
Public Comment
Dr. Fay Biles, 1588 Heights Court, commented on the possibility of fire departments in Collier County consolidating.
Mr. Bill McMullan, 1250 North Collier Boulevard, feels that it is a disservice to the taxpayers to not exchange dollar for dollar between the assessment and ad valorem taxes.
Mr. John Owshanik, 766 Plantation Court, spoke in favor of a dollar for dollar exchange.
Mr. Dick Schoen, 1815 Woodbine Court, expressed concern about a hidden agenda of increasing wages of the fire department.
Mr. Joe Rauch, 801 South Collier Boulevard, suggested that the matter should go to a referendum.
Ms. Linda McCune, 1596 Shores Court, asked for clarification regarding the difference between franchise fees and special assessments.
Mr. Vince Leone, 445 Driftwood Court, questioned whether the fire assessment tax is tax deductible.
MOTION by Councilor Popoff to approve the Resolution Providing Notice of the Intent to Use the Uniform Method of Collecting Non-Ad Valorem Special Assessments for Fire Services. Second by Councilor DiSciullo. MOTION CARRIED UNANIMOUSLY 7-0.
Recess: 7:48 p.m. to 8:00 p.m. It is noted for the record that the same Councilors were present when the meeting reconvened.
(B) PUBLIC HEARINGS – ORDINANCE – First Reading – Amendment to Land Development Code for Real Estate / Open House Directional Signs.
(Editorial History: The City received a letter from the Marco Island Association of Realtors dated September 25, 2007 urging an increase in the number of open house directional signs from 1 to 3 due to the nature of the current market and construction activity. On March 18, 2002, City Council adopted a new ordinance to establish new sign standards and regulations following public hearings before the Planning Board. The new sign regulations allowed for an open house directional sign as well as other signs related to real estate sales and rentals.)
Community Development Director Steve Olmsted read, by title only, the Ordinance to Amend the Land Development Code for Real Estate / Open House Directional Signs.
Public Comment
Ms. Fay Biles, 1588 Heights Court, suggested using a map.
Mr. John Owshanik, 768 Plantation Court, commented that open houses are to make the owners happy.
MOTION by Councilor DiSciullo to Adopt on First Reading the Ordinance Amending the Land Development Code for Real Estate / Open House Directional Signs, amended to keep the size of the signs the same and not increase it. Second by Vice-Chair Trotter. MOTION CARRIED 4-3. Councilor Kiester, Councilor Tucker, and Councilor Forcht opposed.
(C) DISCUSSION – Appointments to Vacation Rental Committee.
(Editorial History: On October 1, 2007, City Council agreed to form an ad hoc advisory committee to review issues and requirements in matters related to the rental of vacation homes.)
MOTION by Councilor Kiester to appoint the following individuals to the Vacation Rental Ad Hoc Committee:
Mr. Richard Shanahan – Marco Island Area Association of Realtors
Mr. Jim McGregor – Marco Island Area Association of Realtors – Rental Agent
Ms. Sandi Riedemann – Marco Island Chamber of Commerce
Mr. Joe Oliverio – Marco Island Restaurant Association
Mr. Keith Dameron (nominated by Chairman Minozzi)
Mr. Ken Honecker (nominated by Councilor Kiester)
Mr. George Percel (nominated by Councilor Tucker)
Ms. Karen Salvi (nominated by Councilor DiSciullo)
Mr. Robert Dictor (nominated by Councilor Popoff)
Mr. Tarik Ayasun (nominated by Councilor Trotter)
Second by Vice-Chairman Trotter. MOTION CARRIED UNANIMOUSLY 7-0. (Ed Note: Councilor Forcht will provide the name of his nominee at the next meeting.)
(E) DISCUSSION – RESOLUTION – Award of Contract for Construction of Lamplighter and Sheffield Assessment Areas.
(Editorial History: On April 23, 2007, Council adopted final resolutions that established the two assessment areas for construction in 2008. Accordingly, the construction plans were advertised and bids were received on November 20, 2007. Based on the lowest acceptable bid, staff recommends that contracts for both assessment areas be awarded to Mitchell & Stark.)
Interim City Manager Tony Shoemaker read, by titles only, the Resolutions to Award Contracts for Construction of Lamplighter Sewer Assessment Area and the Sheffield Sewer Assessment Area.
Public Comment – Lamplighter Assessment Area
The following individuals spoke against awarding the contract:
Mr. Joe Batte, 240 Marquesas Court
Mr. Bill McMullan, 1250 North Collier Boulevard
Mr. Bob Brown, 473 West Joy Circle
Mr. Joe Rauch, 801 South Collier Boulevard, N-302
Mr. Butch Neylon, 764 Hernando Drive, feels there are a number of items to be addressed before awarding the contracts.
MOTION by Councilor Tucker to approve the Resolution to Award the Construction Contract for the Lamplighter Assessment Area to Mitchell & Stark for $4,728,804 and authorize the Interim City Manager to execute the Contract. Second by Chairman Minozzi. MOTION CARRIED 4-3. Councilor Forcht, Councilor Kiester, and Councilor DiSciullo opposed.
MOTION by Councilor Popoff to extend meeting past 9:00 p.m. Second by Councilor Forcht. MOTION CARRIED 5-2. Councilor Kiester and Councilor Tucker opposed.
Public Comment - Sheffield Assessment Area
Mr. Phil Kostelnik, 121 Channel Court, commented on the cost of the Sheffield Assessment area.
Mr. Butch Neylon 764 Hernando Drive, commented he has reviewed the bid summary for the project.
MOTION by Councilor Tucker to approve the Resolution to Award the Construction Contract for the Sheffield Assessment Area to Mitchell & Stark for $6,639,226 and authorize the Interim City Manager to execute the Contract. Second by Chairman Minozzi. MOTION CARRIED 4-3. Councilor Forcht, Councilor Kiester, and Councilor DiSciullo opposed.
(D) DISCUSSION – Award of Contract for Master Lift Station.
(Editorial History: On September 16, 2007 construction plans were advertised for bids for the installation of the Master Lift Station and bids were received on November 20, 2007. On September 5, 2006 Council approved the acquisition of the lot at San Marco Road and Heathwood Drive for the installation of the Master Lift Station, expansion of parking for Racquet Center, and landscaping to enhance the busy intersection.)
Public Comment
Mr. Charles Murray, 1620 Begonia Court, questioned what date the master lift station is needed.
Mr. Joe Batte, 240 Marquesas Court, questioned whether this item is needed now.
Mr. Bill McMullan, 1250 North Collier Boulevard, commented that Council missed an opportunity to bring the Island together.
MOTION by Councilor Tucker to award the contract to D.N. Higgins, Inc. for $827,000.00 and authorize the Interim City Manager to execute the contract. Second by Chairman Minozzi. MOTION CARRIED 4-3. Councilor Forcht, Councilor Kiester, and Councilor DiSciullo opposed.
(F) DISCUSSION – Award of Contract for Wastewater Treatment Plant MBR Membranes.
(Editorial History: At the Utility Capital Budget Workshop on August 27, 2007, staff presented to Council an evaluation of the cost impact of constructing 4.0 million gallon per day (mgd) versus 5.0 mgd wastewater treatment plant upgrade. On August 1, 2005, City Council approved the selection of Ge/Zenon Environmental as the membrane vendor supplier for the upgrade and expansion of the Wastewater Treatment Plant.)
Public Comment
Mr. Butch Neylon, 764 Hernando Drive, commented that MBR treatment should be supplemental to conventional treatment.
MOTION by Councilor Tucker to award the contract to Ge/Zenon for the supply of the Membrane Bio Reactor equipment for $2,099,711 and authorize the Interim City Manager to execute the contract. Second by Chairman Minozzi. MOTION CARRIED 5-2. Councilor Forcht and Councilor Kiester opposed.
COMMUNITY FORUM
Ms. A.K. Battaglia, 39 North Collier Boulevard, expressed disappointment that the water park was closed over Thanksgiving holiday.
Mr. Phil Kostelnik, 121 Channel Court, commented on the lack of attendance on an appointee to the ad hoc committee, the need for the new manager to listen to the public and revisit the ban on artificial turf.
Mr. Charles Murray, 1620 Begonia Court, complained about the fence erected around the “dirt pile” at Mackle Park.
Ms. Linda McCune, 1596 Shores Court, requested Council consider changing the funding for the Caxambas Bridge repair from reserves.
COUNCIL COMMUNICATIONS
Councilor Popoff asked about the surface at the water park following a report that the surface is slippery.
FUTURE AGENDA
Councilor Popoff commented about the benefits of artificial turf and requested that Council revisit the issue within the context of water conservation.
Chairman Minozzi requested that Council discuss the capital costs of the Septic Tank Replacement Program, in the event that the program is cancelled by a future Council.
Councilor Popoff requested discussion concerning construction staging areas.
ADJOURN
There being no further business to come before City Council, the meeting adjourned at 10:23 p.m.
(signature page to follow)
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Michael F. Minozzi, Jr., Chairman
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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