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
February 20, 2007 – 6:00 p.m.
Chairwoman DiSciullo called the meeting to order and presided.
ROLL CALL
All Councilors present, except Vice-Chairman Tucker whose was absent.
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; student Cassandra Malouta led the pledge of allegiance.
APPROVAL OF AGENDA
MOTION by Councilor Minozzi to approve the agenda, amended to remove Item 5(G), and reverse Items 7(C) and 7(D). Second by Councilor Popoff. MOTION CARRIED UNANIMOUSLY 6-0.
PUBLIC COMMENT (ITEMS NOT ON THE AGENDA)
Mr. Bill McMullan, 1250 North Collier Boulevard, commented that the Septic Tank Replacement Plan (STRP) should go to the voters for a decision.
Ms. Jennifer Shanahan, 1883 Calusa Court, suggested that the Island needs to be “sold” on the improvements that are currently scheduled and that Council needs to slow down.
Mr. John Owshanik, 766 Plantation Court, commented that the repaving of Lewis Court was a waste of taxpayer dollars.
Mr. Roger Hall, 1260 Osprey Court, commented on the low percentage of interest paid on current investment accounts.
Ms. Jo Ann Baillie, 1539 Kingston Court, commented that she paid $9,000 in 2003 for a septic system and that the costs of the STRP should be paid by all taxpayers.
Mr. Robert Glaub, 46 Gulfport Court, commented that no public comment was allowed at the last workshop.
Mr. Richard McInnis, 741 Holly Court, commented that Council should not go forward with the STRP without more information.
Mr. Russ Columbo, 755 Plantation Court, requested exact specifications for sewer hook ups and suggested that the deadline to tie into the sewer system be extended.
Mr. Peter Piro, 701 Inlet Drive, believes that the system for managing the City needs to be reviewed.
Mr. Bob Smid, 950 Ruby Court, commented that he is having a difficult time choosing a financing option for the STRP.
PRESENTATIONS
(A) Employee of the Month of February
On behalf of City Council, Chairwoman DiSciullo presented Eric Rhymer with “Employee of the Month” Award for February 2007.
CONSENT AGENDA
(A) Council Minutes for January 22, 2007 (Workshop Meeting)
(B) Council Minutes for January 22, 2007 (Regular Meeting)
(C) Council Minutes for February 5, 2007 (Regular Meeting)
(D) Council Minutes for February 14, 2007 (Workshop Meeting)
(E) Award of Contract – Construction of Utility Lines on Elkcam Circle
(F) Award of Contract – Design of New Water Line Under Marco River
MOTION by Councilor Minozzi to approve and adopt the consent agenda, amended to remove items 5(E) and 5(F) for discussion separately. Second by Councilor Popoff. MOTION CARRIED UNANIMOUSLY 6-0.
5(E) Award of Contract – Construction of Utility Lines on Elkcam Circle
(Editorial History: City Council is asked to consider an award of a contract for the construction of water and wastewater force mains along Elkcam Circle between North Collier Boulevard and Windward Drive The water main is required to connect the new finished water storage tank with the existing water main system on Collier Boulevard.)
MOTION by Councilor Minozzi to authorize the City Manager to enter into a contract for the construction of the utility lines along Elkcam Circle between North Collier Boulevard and Windward Drive with Mitchell & Stark in the amount of $415,485. Second by Councilor Trotter. MOTION CARRIED UNANIMOUSLY 6-0.
5(F) Award of Contract – Design of New Water Line Under Marco River
(Editorial History: City Council is asked to consider an award of a contract for engineering design of a new water main under Marco River. On January 22, 2007, Council received a presentation regarding the condition of the raw water line located “under” Marco River. The existing 30-inch pipe is cast iron river crossing pipe that is over 35 years old. This 30-inch line is the sole conveyor of surface water to Marco Island. Based on an inspection conducted in December 2006, there is a significant amount of external corrosion from exposure to seawater.)
MOTION by Councilor Minozzi to authorize the City Manager to enter into a contract with Greeley & Hanson for the design of a new, raw water line under Marco River for a not-to-exceed fee of $185,000. Second by Councilor Kiester. MOTION CARRIED UNANIMOUSLY 6-0.
BUSINESS
(A) RESOLUTION – Public Hearing – Reclaimed Water Rates.
(Editorial History: City Council is asked to consider increasing the rate for reclaimed water from the current rate of $0.58 per 1,000 gallons to $1.23 per 1,000 gallons. At the City Council meeting of January 8th, City Council held a discussion on reclaimed water rates. The rates for reclaimed water were set artificially low to allow new customers to recover their capital investment in construction. City Council directed that the new rate for reclaimed water be set at a rate equal to 40% of the rate of potable water, currently $3.08 per 1,000 gallons. The increase in rates for the partial fiscal year of 2007 will generate additional revenues of approximately $125-150,000. Those funds will be used to offset potable water and wastewater revenues requirements for all utility
customers, especially those who contribute to wastewater flow but do not have reclaimed water available.)
City Manager Bill Moss read, by title only, the Resolution Amending Exhibit “A” Utility Rate Schedule to Ordinance 2003-19.
Public Comment
Mr. Phillip Thompson, representing Island Country Club, proposed a two- tier pricing system for golf courses and to spread the increase over several years.
Mr. John Kett, representing Seawatch Condominiums, spoke in opposition to the increase.
Mr. Frank Simonelli, representing Island Country Club, commented on the expense that is being proposed and asked for reconsideration.
Mr. Rod Kolesnik, General Manager of Hideaway Beach Association, spoke against the increase and the impact upon their budget.
Mr. Eric Brechnitz, President of Hideaway Beach Association, commented that the budget is set as of January 1, 2007 and that the annual impact of the proposed change would be significant.
Mr. Dick Schoen, 1815 Woodbine Court, commented on the subsidy of reuse to condominiums and the golf courses.
Mr. Dick Bergmann, 980 Cape Marco Drive, commented that the water that is being used was water that was reused.
Mr. John Owshanik, 766 Plantation Court, commented that the aging water and wastewater plants need to be paid for by everyone.
Mr. Doug Enman, 701 Nautilus Court, commented on the expense of watering his lawn.
Mr. Butch Neylon, 764 Hernando Drive, commented that all water users are paying to subsidize reuse rates.
MOTION by Councilor Kiester to place the matter on hold until discussions are held with affected property owners, including a phased in approach over 3 years. Second by Councilor Forcht. MOTION AND SECOND WITHDRAWN FOLLOWING COUNCIL DISCUSSION. No action was taken on this matter at this time.
Following discussion, Council directed staff to come back with further recommendations.
Recess: 7:55 p.m. to 8:20 p.m. It is noted for the record that the same Councilors were present when the meeting reconvened.
Following the recess, Council agreed to move Item 7(I) for discussion ahead of 7(B).
(I) DISCUSSION – Allegations of Sunshine Law Violations.
(Editorial History: The City Clerk received a public records request for copies of emails between City Council and the City Manager, and between City Council and the Public Works Director for the period August through October 2005. On or about January 19, 2007, copies of over 900 emails were provided as requested. On January 25, 2007 City Council received correspondence from the citizen who requested copies of the emails. The correspondence included copies of 14 emails and alleged: “an alarming trend showing numerous violations of the Government in the Sunshine Law,” and “a very serious problem with our local government.” Immediately upon receiving the allegations of January 25th, the City Manager and staff copied each individual email in sequence,
reviewed actions of City Council before and after the dates of the emails, reviewed opinions of the Florida Attorney General, case law, publications on the Sunshine Law, and reached certain conclusions.)
Public Comment
Mr. Peter Piro, 701 Inlet Drive, suggested that a cap be placed on attorney expenses.
Mr. Richard McInnis, 741 Holly Court, commented that we are spending too much money on lawyers.
Ms. Judy Perez, 230 Lamplighter Drive, suggested unity in the community and that residents should be working together.
Mr. Roger Hall, 1260 Osprey Court, suggested that the State Attorney General be consulted.
Mr. John Owshanik, 766 Plantation Court, suggested that if there is anything to find, the State Attorney General will.
Following Council discussion, Council directed the City Manager to set up a workshop on the Sunshine Law for Council, Boards and Committees and the public on March 5, 2007 at 6:00 p.m.
(B) RESOLUTION – A Resolution to Approve the STRP “Lock-in” Agreement.
(Editorial History: On September 5, 2006, City Council approved Resolution 06-46 establishing the voluntary assessment program for property owners in neighborhoods to be connected to the central sewer system between 2008 and 2012. The City’s bond counsel, Bryant Miller Olive, has prepared the official form to be used for this program. City Council is requested to consider a resolution authorizing the official form to be used for those property owners who wish to participate in the voluntary assessment program to “Lock-in” the 2006 construction costs for neighborhood construction of the Septic Tank Replacement Program.)
City Manager Bill Moss read, by title only, the Resolution Relating to the City’s Septic Tank Replacement Program Approving the Form of a Deferred Payment Agreement.
MOTION by Councilor Minozzi to approve the Resolution Relating to the City’s Septic Tank Replacement Program Approving the Form of a Deferred Payment Agreement. Second by Councilor Trotter. MOTION CARRIED 4-2. Councilor Forcht and Councilor Kiester opposed.
MOTION by Councilor Forcht to continue meeting past 9:00 p.m. Second by Chairwoman DiSciullo. MOTION CARRIED UNANIMOUSLY 6-0.
(D) DISCUSSION – Award of Contract for Construction of Old Marco/Port Marco, West Winterberry, North Barfield and North Marco Sewer Districts (Old Marco/Port Marco).
(Editorial History: City Council is asked to consider the award of contract for the construction of the West Winterberry, North Barfield, and North Marco Sewer Districts. On September 5, 2006, Council adopted five preliminary assessment resolutions. On November 6, 2006, Council adopted the final resolutions that established five assessment areas for sewer construction in 2007. These areas included West Winterberry, North Barfield, and North Marco, with Old Marco and Port Marco sub-districts.)
Public Comment
Mr. Don Rickelman, 173 Hollyhock Court, commented on lift station construction.
Mr. Roger Hall, 1260 Osprey Court, commented that he is appalled by the quality of construction of South Collier Boulevard.
Mr. Butch Neylon, 764 Hernando Drive, questioned whether the City is moving toward requiring the clean up of Site C from Quality Enterprise.
Mr. John Owshanik, 766 Plantation Court, commented on the quality of South Collier Boulevard construction.
Mr. Richard McInnis, 741 Holly Court, commented that contractors can be removed at any time and Council should slow down.
Mr. Bill McMullan, 1250 North Collier Boulevard, urges Council to not award the contracts.
Mr. Sal Sciarrino, 911 Montego Court, thanked Council for all their hard work.
MOTION by Councilor Trotter to authorize the City Manager to enter into a contract with Quality Enterprises for a sum of $7,947,668 for the West Winterberry Sewer District Construction. Second by Councilor Minozzi. MOTION CARRIED 4-2. Councilor Forcht and Councilor Kiester opposed.
MOTION by Councilor Trotter to authorize City Manager to enter into a contract with D.N. Higgins for a sum of $6,314,730 for the North Barfield Sewer District Construction. Second by Councilor Minozzi. MOTION CARRIED 4-2. Councilor Forcht and Councilor Kiester opposed.
MOTION by Councilor Trotter to authorize City Manager to enter into a contract with D.N. Higgins for a sum of $4,422,629 for the North Marco, Old Marco and Port Marco Sewer District Construction. Second by Councilor Minozzi. MOTION CARRIED 4-2. Councilor Forcht and Councilor Kiester opposed.
(C) RESOLUTION(S) – Applications to State Revolving Loan Fund.
(Editorial History: City Council is requested to consider resolutions expressing the intent of the City of Marco Island to apply for funding for the 2007 projects of the Septic Tank Replacement Program from the State Revolving Loan Fund. The City has contracted with Angie Brewer & Associates to work with the City to obtain funding from this source. On January 22, 2007, the City approved the Capital Facilities Plan for both Water and Wastewater. For wastewater projects, the current annual interest rate for the State Revolving Loan Fund is 2.97%, compared to 20-year utility revenue bonds in the range of 4.25% to 4.50%. This subsidized loan program replaces the old Federal Department of Environmental Protection direct grant program to local wastewater jurisdictions. The 2007 areas to
receive central sewer service from the Septic Tank Replacement Program include the North Barfield, West Winterberry, and three areas that are combined into the North Marco area. In addition, a separate contract has been awarded for the construction of lift stations.)
City Manager Bill Moss read, by titles only, the Resolution providing a contract to Master Excavators Inc., for the construction of the Year 2 Sewer Districts Wastewater Lift Stations Project; the Resolution providing a contract to Master Excavators Inc., for the construction of the Year 2 Sewer Districts Wastewater Lift Stations Project; the Resolution providing a contract to D.H. Higgins, Inc., for the construction of the North Barfield Sewer District Wastewater Collection System Expansion Project; and the Resolution providing a contract to D.H. Higgins, Inc., for the construction of the North Marco Sewer District Wastewater Collection System Expansion Project.
Public Comment
Mr. Ken Honecker, 632 Dorando Court, commented that the first two districts should benefit from the cheaper loan program.
MOTION by Councilor Minozzi to approve the Resolution providing a contract to Master Excavators Inc., for the construction of the Year 2 Sewer Districts Wastewater Lift Stations Project, pursuant to the Florida State Revolving Loan Program and subject to FDEP Approval. Second by Councilor Popoff. MOTION CARRIED 4-2. Councilor Kiester and Councilor Forcht opposed.
MOTION by Councilor Minozzi to approve Resolution providing a contract to Master Excavators Inc., for the construction of the Year 2 Sewer Districts Wastewater Lift Stations Project, pursuant to the Florida State Revolving Loan Program and subject to FDEP Approval. Second by Councilor Trotter. MOTION CARRIED 4-2. Councilor Forcht and Councilor Kiester opposed.
MOTION by Councilor Minozzi to approve the Resolution providing a contract to D.H. Higgins, Inc., for the construction of the North Barfield Sewer District Wastewater Collection System Expansion Project, pursuant to the State Revolving Fund Loan Program and subject to FDEP approval. Second by Councilor Trotter. MOTION CARRIED 4-2. Councilor Kiester and Councilor Forcht opposed.
MOTION by Councilor Minozzi to approve the Resolution providing a contract to D.H. Higgins, Inc., for the construction of the North Marco Sewer District Wastewater Collection System Expansion Project, pursuant to the State Revolving Fund Loan Program and subject to FDEP approval. Second by Councilor Popoff. MOTION CARRIED 4-2. Councilor Forcht and Councilor Kiester opposed.
(E) RESOLUTION(S) – Resolutions to Establish Initial Assessment Districts for Year 3 Septic Tank Replacement Program – Lamplighter and Sheffield Areas.
(Editorial History: The Septic Tank Replacement Program has been created by the City Council to transition all properties on Marco Island currently on septic tanks to central sewer. The program has been divided into fifteen (15) assessment areas, with construction scheduled over seven (7) years. The first two areas, Tigertail and South Barfield, have been completed and properties are currently being connected to the new system. For Year 2, five assessment areas were established. These are: North Barfield, West Winterberry, and three areas in North Marco. Construction will begin in April 2007 with completion in December 2007. For Year 3 of the STRP, the Lamplighter and Sheffield Areas are scheduled for engineering design in 2007 with construction in 2008.)
City Manager Bill Moss read, by titles only, the Resolution related to the Construction and Funding of Wastewater Improvements located within the Lamplighter Sewer Assessment Areas and the Resolution related to the Construction and Funding of Wastewater Improvements located within the Sheffield Sewer Assessment Area.
Public Comment
Ms. Leslie Sullivan, address unknown, stated she owns a lot on Lamplighter Drive, and advised Council that the financial cost of owning her lot is high.
MOTION by Councilor Minozzi to approve and adopt the Initial Assessment Resolution for the Lamplighter Sewer Assessment Area. Second by Councilor Popoff. MOTION CARRIED 4-2. Councilor Kiester and Councilor Forcht opposed.
MOTION by Councilor Minozzi to approve and adopt the Initial Assessment Resolution for the Sheffield Sewer Assessment Area. Second by Councilor Popoff. MOTION CARRIED 4-2. Councilor Forcht and Councilor Kiester opposed.
Recess: 10:30 p.m. to 10:45 p.m. It is noted for the record that the same Councilors were present when the meeting reconvened.
(F) DISCUSSION – Award of Contract – Engineering Design Services for Year 3 Septic Tank Replacement Program.
(Editorial History: On February 7, 2005 City Council approved the selection of Boyle Engineering to provide design services related to the island-wide sewer construction program. Staff has negotiated a scope of services to complete the design for each of the sewer assessment districts and recommends that Boyle Engineering be awarded a not-to-exceed contract for design services as follows: Lamplighter Sewer District for $235,338 and Sheffield Sewer District for $314,829.)
Public Comment
Mr. Richard McInnis, 741 Holly Court, spoke against awarding the contract.
MOTION by Councilor Minozzi to authorize the City Manager to enter into contract with Boyle Engineering for design services for the Lamplighter Assessment Area for $235,338 and the Sheffield Assessment Area for $314,829. Second by Councilor Trotter. MOTION CARRIED 4-2. Councilor Forcht and Councilor Kiester opposed.
(G) ORDINANCE – First Reading & Public Hearing – An Ordinance to Amend the Comprehensive Plan.
(Editorial History: City Council adopted the City’s Comprehensive Plan on January 22, 2001 pursuant to Ordinance 01-02. On February 22, 2005 City Council adopted an Evaluation and Appraisal Report (EAR) for the evaluation of plan performance during the planning period between 2001 and 2005. The Evaluation and Appraisal Report, approved pursuant to Resolution 05-12, is the basis for proposed amendments to the City’s Comprehensive Plan. Consistent with the direction and requirements of the report, the Community Development Department has prepared proposed amendments to the City’s Comprehensive Plan. Following workshop meetings, the Planning Board held a Public Hearing on January 19, 2007 for formal consideration of the proposed amendments. The Planning Board continued
the item and Public Hearing to the February 9, 2007 meeting of the Board, and then again to a Special Meeting of the Board on February 16, 2007.)
Community Development Director Steve Olmsted read, by title only, the Ordinance Amending the Marco Island Comprehensive Plan. Mr. Olmsted announced that a “sign in” sheet is required so that names and addresses of citizens that would like information will be received.
Public Comment
Mr. Keith Pershing, owner of Island Automotive, expressed concern about “mixed use” being eliminated from the C-5 Zoning District.
Mr. Tim Gorman, owner of Gorman Automotive, expressed concern about the elimination of “mixed use” from the C-5 zoning district.
MOTION by Councilor Kiester to continue the public hearing and first reading to the March 5, 2007 Council meeting at 6:00 p.m. Second by Councilor Popoff. MOTION CARRIED UNANIMOUSLY 6-0.
(H) RESOLUTION – A Resolution Amending the Urban County Cooperative Agreement.
(Editorial History: In both 2000 and 2003, the City of Marco Island, the City of Naples and Collier County approved three-year agreements for the management of Community Development Block Grant (CDBG) funds. Under the terms of this agreement, Collier County assumes the responsibility for management of the program and submits eligible projects to the Federal Housing and Urban Development (HUD) Department for funding. This agreement has served the City well, with funds received several years ago for an eligible project to upgrade the storm drainage system on Tallwood Court. On October 9, 2006, City Council approved a new Urban County Cooperation Agreement for the years 2007 through 2009. The U.S. Department of Housing and Urban Development is asking for Council to authorize minor changes to the
three-year agreement.)
City Manager Bill Moss read, by title only, the Resolution Amending the “Urban County Cooperation Agreement,” for Fiscal Years 2007 through 2009.
MOTION by Councilor Kiester to approve the Resolution Amending the “Urban County Cooperation Agreement,” for Fiscal Years 2007 through 2009. Second by Councilor Forcht. MOTION CARRIED UNANIMOUSLY 6-0.
COUNCIL COMMUNICATIONS AND DISCUSSION
Councilor Kiester questioned the status of staff’s presentation regarding current status of the budget.
Councilor Kiester suggested Council consider providing an 8% salary raise for all employees in next year’s budget, and requested staff review the financial impact of doing so.
Councilor Kiester questioned when the City Manager received authorization from Council directing that legal fees resulting from lawsuits with CARES be recouped.
Councilor Minozzi advised Council that the contract for the SS Jolley Bridge Feasibility Toll Study was just awarded. He clarified that no recommendation by MPO or Council was made on this matter.
Councilor Minozzi mentioned that he attended a meeting of SWFWD and would like a future presentation from this group.
Councilor Forcht requested an update on the “dog walking area” approved by Council.
FUTURE AGENDA
Councilor Kiester requested discussion on implementing State Statutes, instead of local ordinances, regarding sewer hook up requirements.
Councilor Kiester requested discussion on the decision to pursue recouping of attorney fees from CARES.
Chairwoman DiSciullo requested an update on removal of asbestos pipe from the Glon Property and future staging areas.
Chairwoman DiSciullo requested discussion on issues regarding leaking copper pipes.
PUBILC COMMENT (ITEMS NOT ON THE AGENDA)
Mr. John Owshanik, 766 Plantation Court, expressed concern about the “lock-in” arrangement subsidizing future users.
Dr. Fay Biles, 1588 Heights Court, commented on leaking copper pipes and why the report was not released sooner.
Mr. Bill Sneddon, 921 Beaver Court, complimented Council on all of their hard work.
ADJOURN
There being no further business, the meeting adjourned at 12:20 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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