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
March 5, 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
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
Reverend Kyle Bennett provided the invocation and 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)
Ms. Karen Glaub, 46 Gulfport Court, read a letter from the Sierra Club regarding deep injection wells.
Mr. Robert Glaub, 46 Gulfport Court, commented on the reuse water lines that Cape Coral is installing.
Mr. Butch Neylon, 764 Hernando Drive, commented on the Sierra Club letter regarding deep well injections and Aquifer Storage & Recovery Wells (ASR) wells. He suggests that reuse lines be included with the sewers.
Ms. Ann Nowakowski, 459 Marquesas Court, commented about pinhole leaks in her copper plumbing.
Ms. John Owshanik, 766 Plantation Court, asked why Lewis Court was repaved.
Mr. Dennis Morrissette, 1298 Orange Court, commented that pinhole leaks are a complex problem.
Mr. Roger Hall, 1260 Osprey Court, commented that reuse pipe should be added to the Sewer Replacement Tank Program.
CONSENT AGENDA
(A) Council Minutes for February 20, 2007 (Regular Meeting)
(B) FY 2007 CIP Budget Amendment
(C) Acceptance of Grant for Fire Station Hurricane Windscreens
(D) Resolution – A Resolution to Approve a Local Agency Agreement with FDOT for Intersection Improvements
City Manager Bill Moss read, by title only, the Resolution to Approve a Local Agency Agreement with FDOT for Intersection Improvements.
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 of March
On behalf of City Council, Chairwoman DiSciullo presented Phyllis Kirkpatrick with “Employee of the Month” Award for March 2007.
(B) Government in the Sunshine
(Editorial History: On February 20, 2007, City Council agreed to schedule a presentation from the City Attorney on the provision of the Government in the Sunshine Law. City Council is asked to receive a presentation from the City Attorney to further educate City Council, the members of boards and committees, and the public on the provisions of the Government in the Sunshine Law.)
City Attorney Rich Yovanovich provided information on the “Sunshine Law.”
(C) Waterways Advisory Committee – Boat Mooring Field Feasibility
(Editorial History: Council requested that the Waterways Advisory Committee review the feasibility of establishing boat mooring field(s) within the City.)
Public Comment
On behalf of the Waterways Advisory Committee, Mr. Bill McMullan presented the findings of the Mooring Field Feasibility Study.
Following, Council requested that a letter be directed to the Federal Government regarding the National Oceanic Atmospheric Administration (NOAA) Study, and the committee monitor sea grass beds, along with a future public meeting for community input.
MOTION by Councilor Popoff to continue the meeting past 9:00 p.m. Second by Councilor Trotter. MOTION CARRIED 5-2. Councilor Forcht and Vice-Chair Tucker opposed.
Recess: 7:20 p.m. to 7:45 p.m. It is noted for the record that the same Councilors were present when the meeting reconvened.
BUSINESS
(A) ORDINANCE – First Reading & Public Hearing – An Ordinance to Amend the Comprehensive Plan. (Continued from the meeting of February 20, 2007)
(Editorial History: This item was considered by City Council at the February 20, 2007 meeting of Council and tabled to the March 5, 2007 meeting to allow for further consideration of the proposed amendments.)
City Manager Bill Moss read, by title only, the Ordinance Amending the Marco Island Comprehensive Plan.
Public Comment
Mr. Everett Van Hoesen, 1440 Caxambas Court, Chairman of the Planning Board, provided the Planning Board’s view.
Mr. Keith Pershing, owner of Island Automotive, commented that he believes density should not be removed from C-5.
Mr. Bill Rose, owner of Marco River Marina, commented that C-5 will not affect the marina, but is concerned about the C-4 zoning.
Mr. Tim Gorman, owner of Gorman Automotive, commented that density should not be removed from C-5.
MOTION by Councilor Kiester to continue this public hearing to the meeting of March 19, 2007, and direct staff to amend the Ordinance for First Reading, changing the density reduction in the Community Commercial District and Town Center District from twelve (12) to nine (9); delete the reference to 282 Affordable Housing Units; change the designation of “Churches” on the future Land Use Map; include the 507 units in the Community Facilities – Preservation/Conservation District; and refer proposed changes to the C-5 and Veteran’s Park District to the Planning Board for further consideration. Second by Councilor Trotter. MOTION CARRIED UNANIMOUSLY 7-0.
Recess: 9:53 p.m. to 10:10 p.m. It is noted for the record that the same Councilors were present when the meeting reconvened.
(B) DISCUSSION – STRP Financing Option – $10,000 Cap and Property Tax.
(Editorial History: Chairwoman DiSciullo seeks Council agreement to discuss another option to finance the Septic Tank Replacement Program (STRP). This option will provide for a $10,000 assessment for all properties in the (STRP) with the balance to be funded by the issuance of General Obligation Bonds with repayments through revenues derived from the property tax.)
Public Comment
Ms. Jo Ann Baillie, 1539 Kingston Court, questioned what property owners will be assessed and suggested that everyone pay for the improvements.
Mr. Butch Neylon, 764 Hernando Drive, will not support referendum and feels master meter condos are not paying their fair share.
Mr. Doug Enman, 701 Nautilus Court, will support STRP financing offer being considered.
Dr. Faye Biles, 1588 Heights Court, does not feel this is equitable to the estates and that the “cap” is an issue.
A gentleman residing at 1361 Caxambas Court does not feel the method is fair.
Mr. Everett Van Hoesen, 1440 Caxambas Court, questioned what this proposal is being computed to.
MOTION by Vice-Chair Tucker to delete Item 7(B) from the agenda. MOTION FAILED FOR LACK OF SECOND.
MOTION by Chairwoman DiSciullo to hold a referendum to allow voters to decide whether to limit the STRP to $10,000 per property, with the balance paid by the issuance of general obligation bonds, to fund balance of STRP, not subject to spending cap, and continue STRP program without delay. Second by Councilor Popoff. MOTION CARRIED 5-2. Councilor Kiester and Vice-Chair Tucker opposed.
(C) DISCUSSION – STRP Financing Option – Construction Assessment Reduction for Wastewater Plant Upgrades.
(Editorial History: At the City Council Workshop on February 14, 2007, Council discussed the issue of reduction in the STRP Sewer Assessment to offset sewer plant upgrades that are funded through the monthly utility bill. City Council directed staff to finalize the impact on assessments with the assistance Public Resources Management Group. City Council is requested to consider a reduction in the Sewer Assessment Construction Charge as a means of crediting new sewer customers for costs relating to the upgrade of the existing sewer plant and collection network.)
MOTION by Councilor Trotter to reduce Sewer Assessment Construction Charge by $2,758. Second by Councilor Kiester. MOTION CARRIED 6-1. Councilor Forcht opposed.
(D) DISCUSSION – Extension of Time for Mandatory Connection to Sanitary Sewer Lines.
(Editorial History: At the City Council meeting of February 20, 2007, City Council agreed to schedule a discussion regarding the time required to connect developed property to the sanitary sewer collection system (connection with 90 days versus 365 days.)
MOTION by Vice-Chair Tucker to extend period to hook up in the first two (2) districts to June 1, 2007. Second by Councilor Popoff. MOTION CARRIED UNANIMOUSLY 7-0.
(E) DISCUSSION – Award of Contract for Consulting Services – State Revolving Loan Fund.
(Editorial History: City Council is requested to consider proposals from Angie Brewer & Associates to assist with funding applications to the State Revolving Loan Fund. City Council previously approved contracts with Angie Brewer & Associates to assist the City with funding application to the Florida State Revolving Loan Fund.)
MOTION by Vice-Chair Tucker to award contract for consulting services with Angie Brewer & Associates in the maximum amount of $700,235 for assistance with funding applications to the State Revolving Loan Fund. Second by Councilor Kiester. MOTION CARRIED UNANIMOUSLY 7-0.
(F) DISCUSSION – Recovery of Legal Fees Associated with CARES Lawsuits.
(Editorial History: On February 20, 2007, Councilor Kiester proposed and City Council agreed to schedule for discussion the subject of the recovery of legal fees associated with lawsuits filed by CARES.)
MOTION by Vice-Chair Tucker to forgo seeking of sanctions. Second by Councilor Minozzi. MOTION CARRIED UNANIMOUSLY 7-0.
(G) DISCUSSION – School Concurrency – Collier County School District and Board of County Commissioners Joint Workshop.
(Editorial History: City Council has been invited to attend and participate in a joint workshop meeting of the Board of County Commissioners and Collier County School District that has been scheduled for March 20, 2007 from 9:00 a.m. – 12:00 noon to discuss the status of ongoing efforts to meet school concurrency requirements established in Senate Bill 360, passed by the State Legislature in 2005. City Councils of the City of Naples and Everglades City have also been invited to attend and participate.)
Following discussion, Councilor Popoff advised he would attend the School Concurrency – Collier County School District and Board of County Commissioners Joint Workshop on March 20, 2007 from 9:00 a.m. to 12:00 noon since the other Councilors had prior commitments.
(H) DISCUSSION – Election of Council Chair and Vice-Chair.
(Editorial History: Chairwoman DiSciullo seeks City Council agreement to select a Chair and Vice-Chair on March 5, 2007 rather than the March 19, 2007 Council meeting.)
MOTION by Councilor Kiester to nominate Terri DiSciullo as Council Chair. MOTION FAILED FOR LACK OF SECOND.
MOTION by Councilor Popoff to nominate Bill Trotter as Council Chair. Second by Councilor Kiester. MOTION FAILED 4-3. Councilor Forcht, Vice-Chair Tucker, Councilor Minozzi, and Chairwoman DiSciullo opposed.
MOTION by Councilor Forcht to nominate Michael Minozzi as Council Chair. Second by Vice-Chair Tucker. MOTION CARRIED 4-3. Councilor Kiester, Councilor Popoff and Chairwoman DiSciullo opposed.
MOTION by Councilor Popoff to nominate Bill Trotter as Council Vice-Chair. Second by Councilor Forcht. MOTION CARRIED UNANIMOUSLY 7-0.
COUNCIL COMMUNICATIONS AND DISCUSSION
Councilor Forcht questioned whether the City is charging a fee to people who want to get married on the beach.
Councilor Forcht expressed concern about the lack of water in the canal at Kendall Drive and Diplomat Court.
Councilor Forcht asked about the water shut off on Mendel Court.
Councilor Kiester requested the status of the public workshop to be held on the budget process.
Councilor Kiester requested the status of a meeting on increase reuse water rates to be held with condo and golf course representatives.
Councilor Minozzi advised Council he will attend a meeting with the company that is preparing the Toll Feasibility Study on Friday.
Chairwoman DiSciullo questioned the status of discussions regarding the fire fighters salaries.
Chairwoman DiSciullo commented that the impact to Marco Island resulting from the recent discussions about tax reduction at the state level will be communicated to the Florida League of Cities.
Chairwoman DiSciullo suggested including a section for “City Manager’s Report” on the agenda.
Chairwoman DiSciullo commented on the height of the roadway at Collier Boulevard and Tigertail Court.
FUTURE AGENDA
No items were added by Council.
PUBILC COMMENT (ITEMS NOT ON THE AGENDA)
None.
ADJOURN
There being no further business, the meeting adjourned at 12:45 a.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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