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April 9, 2007 Regular Meeting
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  

Regular Meeting – April 9, 2007 – 6:00 p.m.

Chairman Minozzi called the meeting to order and presided.

        
ROLL CALL
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All Councilors Were Present     

Also Present:   A. William Moss, City Manager
                        Richard Yovanovich, City Attorney
                        Bill Harrison, Finance Director  
                        Rony Joel, Public Works Director
                        Steve Olmsted Community Development Director
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
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Chairman Minozzi provided the invocation.


APPROVAL OF AGENDA
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At the request of Chairman Minozzi, Council discussed changes regarding the “Rules of Procedure” for conducting City Council meetings, as outlined in his memorandum to Council dated April 6, 2007 (a copy of the memorandum is contained in the file for this meeting.)

Public Comment

Mr. Ken Honecker, 632 Dorando Court, asked about the change of procedure to meetings.

MOTION by Vice-Chair Trotter to accept changes to meeting Rules of Procedure (as outlined in Chairman Minozzi’s memorandum) and begin future meetings at 5:30 p.m. with time certain adjournment at 9:30 p.m.  MOTION CARRIED 5-2.  Councilor Forcht and Councilor Kiester opposed.

MOTION by Councilor Popoff to approve agenda.  Second by Vice-Chair Trotter.  MOTION CARRIED UNANIMOUSLY 7-0.


APPROVAL OF CONSENT AGENDA
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5(A)    Council Minutes for March 19, 2007 (Regular Meeting)
5(B)    Appointment to Arts Advisory Committee
5(C)    Appointment to Hideaway Beach Tax District Board
5(D)    Appointment to Beautification Advisory Committee
5(E)    Appointment to Planning Board
5(F)    Grant of Easement adjacent to Marco Lakes to Collier County
5(G)    Resolution to Approve Local Agency Program (LAP) Agreement
5(H)    Campus Parking Lot Lighting

City Manager Bill Moss read, by title only, the Resolution to Approve Local Agency Program (LAP) Agreement with the Florida Department of Transportation.

MOTION by Councilor DiSciullo to approve and adopt the consent agenda, amended to remove Item 5(F), which will be discussed separately.  Second by Vice-Chair Trotter.  MOTION CARRIED UNANIMOUSLY 7-0

5(F)    Grant of Easement adjacent to Marco Lakes to Collier County
(Editorial History:  City Council was asked to consider the grant of easements to Collier County at the Marco Lakes site in exchange for the payment of $967,000.)

MOTION by Councilor DiSciullo to authorize the City Manager to enter into an agreement with Collier County for the sale of a permanent easement and a temporary easement for a fee of $967,000.  Second by Vice-Chair Trotter.  MOTION CARRIED UNANIMOUSLY 7-0.


PRESENTATIONS
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6(A)    Annual Audit Report

Finance Director Bill Harrison shared the highlights of the Comprehensive Annual Financial Report.

Public Comment

Representing the audit firm of CPA Associates, Ms. Tommie Barry advised Council that the City is in sound financial condition and in compliance with the general rules of the Auditor General’s Office.  Ms. Barry reported that the City has again been awarded the prestigious Certificate of Achievement for Excellence in Financial Reporting for the Government Finance Officers Association.  This certificate is awarded to government entities whose comprehensive annual financial reports meet the highest standards in government accounting and financial reporting.  Ms. Barry explained that they have provided the City an unqualified opinion with the highest form of assurance for the finance and award sections of the report, and they did not identify any material weaknesses or reportable conditions related to the City’s internal control.

Mr. Kjell Pettersen, 350 Rockhill Court, questioned the qualifications of the accountants.

MOTION by Councilor Popoff to accept the Comprehensive Annual Financial Report of the City for the fiscal year ended September 30, 2006.  Second by Councilor Forcht.  MOTION CARRIED UNANIMOUSLY 7-0.  


6(B)    Proclamation to Honor Everett “Van” Van Hoesen

On behalf of City Council, Chairman Minozzi presented the proclamation to Everett “Van” Van Hoesen for his 7 years of service on the City’s Planning Board.


6(C)    Proclamation for Water Conservation Month

On behalf of City Council, Chairman Minozzi presented the proclamation to Mr. Clarence Tears, Director of the Big Cypress Basin.


6(D)    Employee Longevity Awards

The following employees were recognized for their years of service to the City of Marco Island:

Bill Harrison, Finance Director         5 years
Bruce Yakola, Electrical Inspector      5 years
Mike Teel, Water Plant Operator 15 years


6(E)    Employee of the Month of April

On behalf of City Council, Chairman Minozzi, presented Sergio Gomez with an award for “Employee of the Month for April.”


BUSINESS
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7(A)    ORDINANCE – Second Reading & Public Hearing – an Ordinance Authorizing a Referendum Proposing an Amendment to the City Charter and the Issuance of Bonds to Partially Finance the STRP.
(Editorial History:  The proposed Ordinance was adopted on first reading at the Council meeting of March 19, 2007. The Ordinance calls for a referendum to amend the City Charter and to issue General Obligation bonds.)

City Manager Bill Moss read, by title only, the Ordinance Authorizing a Referendum Proposing an Amendment to the City Charter and the Issuance of Bonds to Partially Finance the Septic Tank Replacement Program.
Public Comment

Mr. William Kent, 1172 Bond Court, questioned who will be allowed to vote.

Mr. Robert Glaub, 46 Gulfport Court, commented that voting on the question was not fair.
MOTION by Councilor DiSciullo to adopt on second reading the ordinance authorizing a referendum proposing an amendment to the Marco Island City Charter and issuance of bonds to partially finance the Septic Tank Replacement Program.  Second by Councilor Popoff.  MOTION CARRIED 4-3.  Councilor Forcht, Councilor Kiester and Councilor Tucker opposed.

7(B)    DISCUSSION – Reclaimed Water Rates
(Editorial History:  In January 2007, Council considered the rates charged for reclaimed water and directed staff to establish the rate for reclaimed water to be 40% of the charge of potable water.  The current rate of 59 cents per 1,000 gallons was established by Florida Water at a low cost to allow reclaimed water customers the ability to recover their capital.)

City Council held a discussion concerning the reclaimed water rates.

Following discussion, Council directed staff to establish a date for the required public hearing on rate increases.


7(C)    DISCUSSION – Traffic Signal Operations
(Editorial History: Councilor Kiester requested that Council review the operation hours for each flashing light feature of the nine traffic signals.)

Public Comment

Mr. John DeFalco, 190 Hollyhock Court, commented that the new traffic signal system should be allowed to work before changes are made.

Ms. Jane Kiester, 1534 Buccaneer Court, expressed concern about the blinking lights and requested that the light be set to blink after 11:00 p.m.

Mr. John Owshanik, 766 Plantation Court, commented on the new technology to be installed.

MOTION by Councilor Kiester to direct staff to set the traffic signals to transition to blinking at 11:00 p.m.  Second by Councilor Forcht.  MOTION CARRIED 5-2.  Councilor Tucker and Chairman Minozzi opposed.


Recess: 7:38 p.m. to 7:45 p.m.  It is noted for the record that the same Councilors were present when the meeting reconvened.


7(D)    DISCUSSION – Replacement of City Attorney
        (Editorial History: On March 19, 2007 City Attorney Rich Yovanovich advised City Council that his firm, Goodlette Coleman & Johnson, P.A. will not be requesting an extension of their current Agreement for Legal Services, which expires on May 1, 2007.)

Following discussion, Council agreed to form a selection committee comprised of Councilor Tucker, City Manager Bill Moss, City Attorney Rich Yovanovich, Attorney Craig Woodward and Police Chief Roger Reinke to discuss procedures to retain City Attorney legal services.


7(E)    DISCUSSION – Award of Contract – Connection to Water Main at Marco Shores.
(Editorial History:  On May 1, 2006 City Council approved the wholesale water agreement between Collier County and the City for the supply of drinking water for the City’s customers at Marco Shores.  On February 16, 2007 the City advertised for bid for the construction of the interconnect system.)

MOTION by Councilor Kiester to authorize the City Manager to execute a contract with D.N. Higgins to construct the interconnection pipeline at a cost of $188,000.00.  Second by Councilor Forcht.  MOTION CARRIED UNANIMOUSLY 7-0.


7(F)    DISCUSSION – Removal and Appointment to the Waterways Advisory Committee.
(Editorial History:  Councilor Forcht requested the City Council concur with his recommendation to remove Herman Diebler from the Waterways Advisory Committee and appoint Donald Dilks to the committee.)

Public Comment

Mr. Herman Diebler, 761 Plantation court, expressed his concerns regarding his removal.

Mr. Dean Heard, 1211 Ludlam Court, spoke about Mr. Deibler’s work on the Waterways Committee.

Mr. John Owshanik, 766 Plantation Court, commented that Council’s actions are boater unfriendly.

Mr. Ron Carstersen, 1620 N. Copeland Drive, spoke in support of Mr. Diebler’s activity.
Mr. Karl Henning, 950 Sundrop Court, commented on Mr. Diebler’s qualifications and experience.

Mr. Steve Fleischer, 340 Yarmouth Court, commented on Mr. Diebler’s removal from the committee.

Mr. Lee Oldershaw, 1271 Mulberry Court, commented on Mr. Diebler’s qualifications.

Ms. Francis Diebler, 761 Plantation Court, spoke in support of her husband.

MOTION by Councilor Forcht to remove Herman Diebler from the Waterways Advisory Committee and appoint Donald Dilks to the committee.  Second by Vice-Chair Trotter.  MOTION CARRIED 5-2.  Councilor Popoff and Councilor DiSciullo opposed.


7(G)  DISCUSSION – Fire / Rescue Department Salaries.
(Editorial History:  On March 19, 2007 Councilor Tucker proposed and City Council agreed to schedule a discussion regarding Fire-Rescue salaries and benefits.)

MOTION by Councilor DiSciullo to approve Fire-Rescue Department salary increases listed in “average” column on spreadsheet provided to City Council.  Second by Councilor Tucker.  MOTION CARRIED 6-1.  Vice-Chair Trotter opposed.


7(H)    DISCUSSION – Request by Goodland Civic Association to Name CR 92A Bike Path.
(Editorial History:  The Goodland Civic Association requests that the Marco Island City Council name the bike path along CR 92A the “Betty Bruno Memorial Bike Path.”)

Public Comment

Mr. Mike Barbush, representative for the Goodland Civic Association, requested that the Goodland bike path be renamed.

MOTION by Councilor Popoff to rename the bike path to the “Betty Bruno Memorial Bike Path.”  Second by Councilor Forcht.  MOTION CARRIED UNANIMOUSLY 7-0.


MOTION by Councilor Popoff to continue meeting past 9:00 p.m.  Second by Councilor Kiester.  MOTION CARRIED 5-2.  Councilor Forcht and Councilor Tucker opposed.


COMMUNITY FORUM
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Ms . A.K. Battaglia, 1450 Cutler Court, commented that Marco Island is getting a reputation as boater unfriendly.

Mr. John Owshanik, 766 Plantation Court, commented on the toll bridge study.

Mr. Tom Bogan, 1016 Inlet Drive, thanked City Council for their support of the fire department.

Ms. Karen Glaub, 46 Gulfport Court, commented on the distribution of political information.

Mr. Ken Honecker, 632 Dorando Court, suggested that Council have a referendum on the question of whether the citizens want a toll bridge.


COUNCIL COMMUNICATIONS AND DISCUSSION
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Councilor Tucker asked about the status of the toll bridge feasibility study.  He would like Council to develop a position on the matter at the next meeting.

Councilor Popoff suggested a Charter Revision Committee.

Councilor Kiester mentioned that Council did not follow procedure when they amended its rules to conduct meetings.


FUTURE AGENDA
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Councilor Popoff requested a proclamation to the South Florida Water Management District for the $5 million check the City received.

Councilor DiSciullo requested an update on the construction cost for the replacement of the East Winterberry Bridge.


ADJOURN
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There being no further business to come before City Council, the meeting adjourned at 9:43 p.m.





______________________________                                          
Michael F. Minozzi, Jr., Chairman
Date:  ________________________                                                 

ATTEST:


______________________________                          
Laura Litzan, City Clerk
Date:  ________________________                                                 

PREPARED BY:
______________________________                                                  
Debbie McCabe, Secretary
Date:  ________________________                                                 
                


City of Marco Island 50 Bald Eagle Drive, Marco Island, FL 34145
Phone: 239-389-5000 Fax: 239-389-4359