City of Marco Island Florida
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 22, 2007 – 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
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
Father Pat Boyhan, San Marco Catholic Church, provided the invocation; student Julian Acosta, led the pledge of allegiance.
APPROVAL OF AGENDA
MOTION by Councilor Minozzi to approve the agenda. Second by Vice-Chair Tucker. MOTION CARRIED UNANIMOUSLY 7-0.
PUBLIC COMMENT (ITEMS NOT ON THE AGENDA)
Ms. Andrea Battaligia, 1450 Cutler Court, feels that Council is not listening to citizens.
Dr. Fay Biles, 1588 Heights Court, feels that it would be a good idea for the fire department to become an independent fire district and that the “spending cap” is the reason that the citizens voted to be a city.
Mr. Sal Sciarrino, 911 Montego Court, thanked Council for working to resolve problems and encouraged the public to participate.
APPROVAL OF CONSENT AGENDA
(A) Council Minutes for January 8, 2007 (Regular Meeting)
(B) Wastewater Plant Upgrade Modifications
MOTION by Councilor Minozzi to approve and adopt the consent agenda, amended to remove Item (B) for separate discussion. Second by Chairwoman DiSciullo. MOTION CARRIED UNANIMOUSLY 7-0.
(B) Wastewater Plant Upgrade Modifications
(Editorial History: On May 1, 2006, Council approved the award of the construction contract for Wastewater Treatment Plant improvements to D.N. Higgins, Inc. in the amount of $8,943,000. Council is asked now to authorize an amendment to the Wastewater Treatment Plant construction costs to include an analysis of the on-site pipe system that connects to the treatment process).
Public Comment
Mr. Butch Neylon, 764 Hernando Drive, questioned whether this pipe was omitted from the original design.
MOTION by Councilor Minozzi to authorize the City Manager to execute a change order with D.N. Higgins, Inc, to implement the scope described herein for a not-to-exceed cost of $300,000. Second by Vice-Chair Tucker. MOTION CARRIED 4-3. Councilor Forcht, Councilor Kiester and Councilor Popoff opposed.
PRESENTATIONS
(A) Proclamation to Commend Delores “Dee” Bare
On behalf of City Council, Chairwoman DiSciullo recognized and presented Dee Bare with a proclamation commending her for outstanding service on the Collier County Beautification Advisory Committee and Marco Island Beautification Advisory Committee.
(B) Status Report on Raw Water Line – Marco River
Public Works Director Rony Joel showed a video identifying the condition of the raw water line located under the Marco River.
BUSINESS
(A) PUBLIC HEARING & RESOLUTION(S) – State Revolving Fund Loan Applications.
(Editorial History: City Council is requested to hold two public hearings and approve Capital Facilities Plans for water and wastewater and funding applications for utility capital projects to the Florida State Revolving Loan Fund. Earlier this year, City Council approved a consultant contract with Angie Brewer & Associates to assist the City in the Development of Capital Facility Plans and in applying for funding from the State Revolving Loan Fund for utility capital projects. This is a low interest rate loan program that has replaced the old federal direct grant program to municipalities to utility projects.)
City Manager Bill Moss read, by title only, the Resolution Relating to the State Revolving Fund Loan Program; Adopting the Finished Water Storage Tank Facilities Plan dated January, 2007; Adopting the City of Marco Island Drinking Water State Revolving Fund Business Plan; Authorizing Submission of the Plan to the Florida Department of Environmental Protection (FDEP); and Designating the Authorized Representative.
City Manager Bill Moss read, by title only, the Resolution Relating to the State Revolving Fund Loan Program; Adopting the Septic Tank Replacement Program Facilities Plan dated January, 2007; Adopting Capital Financing Plan; Authorizing Submission of the Plan to the Florida Department of Environmental Protection (FDEP) and Designating the Authorized Representative.
Public Comment
Mr. Mark Brewer of Angie Brewer & Associates read into the record a summary of the Water System Improvements Facilities Plan and the Septic Tank Replacement Program Facilities Plan. (Ed. Note: the Water System Improvements Facilities Plan and the Septic Tank Replacement Program Facilities Plan were available for inspection in the office of the City Clerk prior to the meeting.)
Mr. Ken Honecker, 632 Dorando Court, questioned whether the lower interest rate would result in a lower cost.
MOTION by Councilor Minozzi to approve the Resolution Relating to the State Revolving Fund Loan Program; Adopting the Finished Water Storage Tank Facilities Plan dated January, 2007; Adopting the Drinking Water State Revolving Fund Business Plan; Authorizing Submission of the Plan to the Florida Department of Environmental Protection (FDEP); and Designating the Authorized Representative. Second by Councilor Popoff. MOTION CARRIED UNANIMOUSLY 7-0.
MOTION by Councilor Minozzi to approve the Resolution Relating to the State Revolving Fund Loan Program; Adopting the Septic Tank Replacement Program Facilities Plan dated January, 2007; Adopting the Capital Financing Plan; Authorizing Submission of the Plan to the Florida Department of Environmental Protection (FDEP) and Designating the Authorized Representative. Second by Vice-Chair Tucker. MOTION CARRIED 6-1. Councilor Kiester opposed.
(B) PUBLIC HEARING & RESOLUTION – Water / Sewer Utility Rates.
(Editorial History: City Council is requested to consider a two percent (2%) increase in water and sewer utility rates, for customers on Marco Island, effective for all utility bills rendered on or after February 1, 2007. Previously, City Council has directed that the costs for road reconstruction at the end of the Septic Tank Replacement Program work in each neighborhood be financed by charges on the entire rate base of the water and sewer utility systems rather than charged to the assessment districts.)
City Manager Bill Moss, read by title only, the Resolution Amending Exhibit “A” Utility Rate Schedule to Ordinance 2003-19.
Public Comment
Mr. Mario Curiale, 820 Eubanks Court, spoke against the rate increase.
Mr. Amadeo Petricca, 331 Regetta Court, questioned if the funds collected will be isolated.
Mr. Dick Schoen, 1850 Woodbine Court, questioned whether reuse water is being discussed tonight.
Mr. Butch Neylon, 764 Hernando Drive, suggested this item be in ad valorem taxes.
Mr. Sal Sciarrino, 911 Montego Court, suggested that many problems would be resolved by removing the spending cap.
MOTION by Councilor Popoff to approve the Resolution Amending Exhibit “A” Utility Rate Schedule to Ordinance 2003-19. Second by Councilor Minozzi. MOTION CARRIED 6-1. Councilor Forcht opposed.
(C) ORDINANCE – Second 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: At the January 8, 2007 City Council meeting, Council approved this item on first reading by a vote of 4-3.)
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.) There was no public comment.
MOTION by Councilor Minozzi to adopt on second reading 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. Second by Chairwoman DiSciullo. MOTION CARRIED 5-2. Councilor Forcht and Vice-Chair Tucker opposed.
(D) ORDINANCE – Second 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 Care Retirement Community (CCRC)
(Editorial History: First reading of the proposed ordinance was considered on January 8, 2007, and was approved 5-2 subject to providing provisions for a physician and nurse practitioner on duty 12 hours per day at the walk-in medical clinic, and earmarking independent units/suites as residential density at a maximum density of nine units per acre.)
City Manager Bill Moss read, by title only the 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 Care Retirement Community (CCRC).
Public Comment
Ms. Barbara Johnson, 573 Goldcoast Court, commented that impact on assisted living is not the same as the impact upon the community.
Dr. Faye Biles, 1588 Heights Court, questioned whether 10 acres is enough for a CCRC.
Mr. Jack Patterson, 860 Panama Court, suggested that a workshop with Naples Community Healthcare Center (NCH) and Marco Island Civic Association (MICA) should be held.
Ms. Carla Mickes, 939 Joy Circle, commented that a hospital is needed more than a CCRC.
MOTION by Councilor Kiester to continue the public hearing on this item and have staff come back with a more general “healthcare and related activities” section instead of a specific CCRC. MOTION FAILED DUE TO LACK OF A SECOND.
MOTION by Councilor Minozzi to adopt on second reading the 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 Care Retirement Community (CCRC), and to include a “physician for a minimum of 12 hours a day” instead of a “physician for 12 hours a day”. Second by Councilor Forcht. MOTION AND SECOND WITHDRAWN FOLLOWING DISCUSSION.
MOTION by Councilor Minozzi to table this item pending presentation by representatives of Naples Community Hospital to provide detailed information concerning an Assisted Living Center. Second by Councilor Forcht. MOTION CARRIED 6-1. Vice-Chair Tucker opposed.
Recess: 8:20 p.m. to 8:38 p.m. It is noted for the record that the same Councilors were present when the meeting reconvened.
(E) ORDINANCE – Second Reading & Public Hearing, an Ordinance to Amend Chapter 30, Concurrency Management.
(Editorial History: First reading of the proposed ordinance was considered on January 8, 2007, and was approved 7-0.)
City Manager Bill Moss read, by title only, the Ordinance to Amend Chapter 30, Concurrency Management.
MOTION by Vice-Chair Tucker to adopt on second reading the Ordinance to Amend Chapter 30, Concurrency Management. Second by Councilor Forcht. MOTION CARRIED 6-1. Councilor Kiester opposed.
(F) RESOLUTION – Public Hearing – Petition V-06-04, James E. and Erin J. Olmes requesting a 1.5-foot variance from the required riparian line setback of 7.5 feet for a boat dock facility on property located at 1414 Auburndale Avenue, further described as Marco Beach Unit 8, Block 298, Lot 21
(Editorial History: The Planning Board heard this request at their December 8, 2006 meeting and voted 5-2 to recommend that the petition be continued to the January 5, 2007 meeting to give the petitioner additional time to redesign the dock to either reduce the amount of the variance requested, or possibly eliminate the need for the variance. At the January 5, 2007 Planning Board meeting, the Planning Board voted 4-3 to recommend approval of the petition to City Council.)
City Manager Bill Moss read, by title only, the Resolution related to Petition Number V-06-04. Each Councilor made his or her ex-parte disclosure; all witnesses were sworn in by City Clerk.
Public Comment
Petitioner James Olmes, 1414 Auburndale Avenue, presented his petition and responded to Council’s questions.
MOTION by Councilor Kiester to approve Petition Number V-06-04. Second by Councilor Popoff. MOTION CARRIED 6-1. Councilor Trotter opposed.
(G) DISCUSSION – Banner Policy for City Owned Street Lights.
(Editorial History: City Council is asked to review a proposed “Street Light Banner Policy” developed by the Beautification Advisory Committee. The purpose of the policy is to define requirements for displaying banners on the City owned street lights recently installed on Collier Boulevard.)
MOTION by Councilor Popoff to approve the “Street Light Banner Policy.” Second by Councilor Kiester. MOTION CARRIED UNANIMOUSLY 7-0.
COUNCIL COMMUNICATIONS AND DISCUSSION
Councilor Keister commented on the new letter regarding sewer assessment payment options for future assessment areas which grants another 30 days to decide whether to prepay.
Councilor Kiester commented that 10+ acres allows for a Planned Unit Development (PUD) regardless how it is zoned and requested that the planning board consider eliminating this provision.
Chairwoman DiSciullo mentioned that the median on Collier Boulevard is dangerous and Council should consider changing it.
Councilor Popoff mentioned that Marco Island Chess Enthusiasts (MICE) is requesting $1,000 for financial assistance from the parks and recreation program to bring in a chess master for the group.
FUTURE AGENDA
Councilor Forcht requested an item on the next agenda related to replacement of a member on the Waterways Advisory Committee.
PUBLIC COMMENT (ITEMS NOT ON THE AGENDA)
Ms. Barbara Cooper, 122 Clyburn Street, addressed concerns about the five lanes of traffic at Bayside on Collier Boulevard and the loss of the safe harbor that the median provided.
Mr. Mario Curiale, 820 Eubanks Court, commented that he feels reclaimed water pipes should be installed with sewer pipes.
Mr. Doug Enman, 701 Nautilus Court, requested extensions in hooking up for first two sewer districts.
Ms. Carla Mickes, 939 Joy Circle, suggests a survey of the community for healthcare needs.
ADJOURN
There being no further business to come before City Council, the meeting adjourned at 9:30 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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