CITY OF MARCO ISLAND
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 – January 8, 2007 – 5:00 p.m.
Chairwoman DiSciullo called the meeting to order and presided.
ROLL CALL
All Councilors Were Present.
Also Present:
A. William Moss, City Manager
Rich 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
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 DiSciullo provided the invocation and led the pledge of allegiance.
APPROVAL OF AGENDA
MOTION by Vice-Chair Tucker to approve the agenda. Second by Councilor Minozzi. MOTION CARRIED UNANIMOUSLY 7-0.
PUBLIC COMMENT (ITEMS NOT ON THE AGENDA)
Mr. Joe Tortoriello, 506 Bradford Court, advised Council that he is having problems getting out of his canal because the area under the one of the bridges needs to be dredged.
Mr. William Kent, 1172 Bond Court, questioned whether a contract for the STRP is available.
APPROVAL OF CONSENT AGENDA
(A) Council Minutes for December 4, 2006 (Regular Meeting)
(B) Approval of Arts Advisory Committee Policies and Guidelines
(C) Approval of Utility Work Agreement with FDOT for Jolley Bridge Project
(D) Amendment to Citywide Traffic Signal Project
(E) Award of Contract – Financial Advisor
(F) Award of Contract – Lime Reactor Clarifier Rehabilitation
(G) Award of Contract – Design of Electrical Building and Modification to Deep Injection Pump Station
Regarding item (C) above, City Manager Bill Moss read, by title only, a Resolution Authorizing Execution of a Utility Master Agreement with the Florida Department of Transportation (FDOT).
MOTION by Councilor Minozzi to approve and adopt the consent agenda. Second by Vice-Chair Tucker. MOTION CARRIED UNANIMOUSLY 7-0.
PRESENTATIONS
(A) Employee of the Month for January
On behalf of City Council, Chairwoman DiSciullo presented Mike Teel with “Employee of the Month” Award for January 2007.
BUSINESS
(A) ORDINANCE – First Reading & Public Hearing – An Ordinance to Amend Chapter 30, the Land Development Code, to Amend Criteria Relating to Building Heights for Mixed Residential and Commercial Uses and to Prohibit Mixed Use in Overlay District Two-D (Community Center Sub-District.)
(Editorial History: On October 23, 2006, City Council and the Planning Board held a public workshop regarding growth management and density. At that time, Council directed staff to consider further amendments to the Marco Island Land Development Code (LDC).
City Manager Bill Moss read, by title only, the Ordinance to Amend Chapter 30, the Land Development Code, to Amend Criteria Relating to Building Heights for Mixed Residential and Commercial Uses and to Prohibit Mixed Use in Overlay District Two-D (Community Center Sub-District.)
MOTION by Councilor Minozzi to adopt the Ordinance to Amend Chapter 30, the Land Development Code Portion of the City of Marco Island Code of Ordinances; to Amend Criteria Relating to Building Height for Mixed Residential and Commercial Uses; and to Prohibit Mixed Use in Overlay District Two-D (Community Center Sub-District). Second by Councilor Forcht. MOTION CARRIED 4-3. Vice-Chair Tucker, Councilor Forcht and Councilor Trotter opposed.
(B) ORDINANCE – First Reading & Public Hearing, An Ordinance to Amend Chapter 30, the Land Development Code, to Amend Section 30-184 Conditional Uses of the C-1 and C-1/T Commercial Zoning Districts, to Provide a New Conditional Use Section for a Continuing Retirement Community (CCRC).
(Editorial History: At the October 23, 2006 City Council and Planning Board meeting, Council directed staff to consider changing to the Marco Island Land Development Code. After several meetings and considerable input from the public, including the Marco lsland Civic Association (MICA), and NCH Healthcare Systems, the Planning Board recommended 6-1 to approve the proposed changes.)
City Manager Bill Moss read, by title only, An Ordinance to Amend Chapter 30, the Land Development Code, to Amend Section 30-184 Conditional Uses of the C-1 and C-1/T Commercial Zoning Districts, to Provide a New Conditional Use Section for a Continuing Retirement Community (CCRC).
Public Comment
Mr. Richard Robinson, 740 North Collier Boulevard, commented that there is a great demand for CCRC facilities on Marco Island, and that skilled nursing and assisted living facilities are needed.
Dr. Fay Biles, 1588 Heights Court, recalled for Council that NCH Healthcare Systems has ceased providing urgent care on the Island.
Mr. Dan Dufault, 1441 Caxambas Court, agrees that an urgent care facility needs to be open 24 hours a day, 7 days a week. He feels that Council’s actions to reduce the density of commercial property development are hurting property values.
Ms. Paula Camposano-Robinson, 740 North Collier Boulevard, commented that a physician should be required at the facility 24 hours a day, 7 days a week.
Mr. Jack Patterson, 860 Panama Court, recommended that Council hold a workshop with NCH Healthcare Systems.
MOTION by Councilor Kiester to adopt on First Reading the Ordinance to Amend Chapter 30, the Land Development Code, to Amend Conditional Uses and Commercial Zoning Districts to Provide a New Conditional Use Section for a Continuing Retirement Community (CCRC), amended to change item (d) to require a “physician for 12 hours a day” and Item (h) to state “independent units shall be considered density units.” Second by Councilor Popoff. MOTION CARRIED 5-2. Vice-Chair Tucker and Councilor Forcht opposed.
(C) ORDINANCE – First Reading & Public Hearing, an Ordinance to Amend Chapter 30, Concurrency Management.
(Editorial History: Amendments to the State Growth Management Legislation and Senate Bill 360 as adopted by the Florida Legislature in 2005, all local communities in Florida are required to adopt an ordinance for proportionate fair share mitigation of development impact on transportation corridors. The required ordinance is intended to provide applicants for development and opportunity to proceed under certain conditions, in the event concurrency is not met, by contributing their proportionate fair share of the cost of improving impacted transportation facilities. The proposed ordinance was advertised and the Planning Board held the required public hearings on November 17, 2006 and December 8, 2006).
City Manager Bill Moss read, by title only, an Ordinance to Amend Chapter 30, Concurrency Management.
MOTION by Councilor Minozzi to adopt on First Reading the Ordinance to Amend Chapter 30, Concurrency Management. Second by Councilor Popoff. MOTION CARRIED 6-1. Councilor Kiester opposed.
(D) RESOLUTION – A Resolution Urging the Florida Legislature to Support Key Issues During the 2007 Legislative Session.
(Editorial History: The Florida League of Cities desires to enhance the Florida Legislature’s awareness of issues important to Florida cities and have asked that each City adopt a resolution that supports the League of Cities’ priority issues.)
City Manager Bill Moss, read, by title only, the Resolution Urging the Florida Legislature to Support Key Issues During the 2007 Legislative Session.
MOTION by Chairwoman DiSciullo to approve the Resolution Urging the Florida Legislature to Support Key Issues During the 2007 Legislative Session. Second by Vice-Chair Tucker. MOTION CARRIED UNANIMOUSLY 7-0.
Recess: 6:50 p.m. to 7:08 p.m. It is noted for the record that the same Councilors were present when the meeting reconvened.
(E) RESOLUTION – A Resolution to Amend the Personnel Rules and Regulations Manual.
(Editorial History: City Council first adopted the Personnel Rules and Regulations Manual on March 1, 1999. The purpose of the Rules and Regulations is to establish procedures that will serve as a guide to employee conduct and administrative actions concerning various personnel activities and transactions.)
City Manager Bill Moss read, by title only, the Resolution to Amend the Personnel Rules and Regulations Manual.
MOTION by Vice-Chair Tucker to approve the Resolution to Amend the Personnel Rules and Regulations Manual. Second by Councilor Forcht. MOTION CARRIED UNANIMOUSLY 7-0.
(F) DISCUSSION – Reuse Rate Study
(Editorial History: City Council has agreed to consider an increase in reuse water rates in recognition of equity issues caused when only a few customers are able to irrigate with reuse water at a cost much lower than those who are required to irrigate with potable water. An increase in the reuse water rate has a net effect of reducing costs for all other utility customers. A public notice and public hearing are required prior to implementation of an increase in the reuse rates.)
Public Comment
Mr. Ed Issler, 908 Joy Circle South, commented that reuse water demand exceeds the supply currently and that storage is a future issue.
Mr. Butch Neylon, 764 Hernando Drive, commented that developers in other areas of the state are required to put re-use lines in along with sewer lines.
Following discussion and public comment, Council agreed to discuss the matter further at the next meeting and advertise for the public hearing.
(G) DISCUSSION – FY 2008 Budget Calendar
(Editorial History: The City’s annual budgeting process is strictly governed by Florida Legislation in the TRIM (Truth in Millage) statute. Legislation sets out a time schedule for required actions by each local government. The first step in the process is for the City Manager to certify, by early August of each year, the maximum tax levy for the following year. Two public hearings on the budget are then required during the month of September each year, with public notices and ordinances conforming to state requirements. The budget calendar proposed will allow the City to meet the state requirements.)
MOTION by Councilor Popoff to approve the FY 2008 Budget Calendar. Second by Councilor Forcht. MOTION CARRIED UNANIMOUSLY 7-0.
(H) DISCUSSION – Award of Contract – Construction of Year 2 Lift Stations.
(Editorial History: City Council is asked to award a contract for the construction of the six (6) lift stations for the North Barfield, West Winterberry and North Marco Districts. Due to the required lead time to acquire and install lift station components, it is recommended that lift stations be installed under a separate contract, rather than with the contracts for the installation of sanitary sewer lines. This will help insure completion of sanitary sewer line construction between the months of April through December)
MOTION by Vice-Chair Tucker to authorize the City Manager to execute a contract for the construction of Year 2 Lift Stations with Master Excavators for a cost of $963,160. Second by Councilor Trotter. MOTION CARRIED 5-2. Councilor Forcht and Councilor Kiester opposed.
(I) DISCUSSION – Legislative Assistance.
(Editorial History: City Council is asked to authorize the City Manager to enter into an agreement with Southern Strategies, Inc. to represent the City in its endeavor to obtain state funding assistance for the East Winterberry Drive Bridge replacement. On December 18, 2006, Chairwoman DiSciullo addressed the Collier County Legislative Delegation during their annual public hearing. The Chair conveyed a request for legislative funding (“Community Budget Issues Request”) in the amount of $1.0 million for the replacement of the East Winterberry Drive Bridge. The current replacement cost for the bridge is $5.75 million with $4.5 million in City funds that are set aside for the project. City Council has previously discussed the retention of lobbyists to assist the City in the
attainment of federal and state funds. Because of the importance of this funding request and the amount involved, and because this is the first time that that the City has requested legislative funding since its incorporation in 1997, the City Manager recommends that Southern Strategies, Inc. be placed on retainer to represent the City’s interests in this and any other legislative matters that may occur during this legislative session.)
MOTION by Chairwoman DiSciullo to authorize the City Manager to enter into an agreement with Southern Strategies, Inc. to assist the City in seeking legislative and executive approval of funding assistance for the East Winterberry Drive bridge replacement and for other matters that may arise. Second by Councilor Minozzi. MOTION CARRIED UNANIMOUSLY 7-0.
COUNCIL COMMUNICATIONS AND DISCUSSION
Councilor Minozzi suggested that “tours” of City facilities are held for citizens.
Councilor Kiester asked about Sixth Street road repairs on Marco Island.
Chairwoman DiSciullo reminded everyone about the “Simply Silly Celebration” on Saturday, January 13, 2007.
Chairwoman DiSciullo advised that Representative Davis is working on an abbreviated seminar concerning affordable housing, density issues, and urban sprawl. She suggested a combined meeting with the County Commissioners and Council to review these issues together.
FUTURE AGENDA
None.
PUBLIC COMMENT (ITEMS NOT ON THE AGENDA)
None.
ADJOURN
There being no further business to come before City Council, the meeting adjourned at 8:24 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
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