City of Marco Island - Regular Meeting

THE CITY OF MARCO ISLAND

City Council Meeting – November 6, 2000 – 6:00 p.m.

Chairman Cowin called the meeting to order and presided.

Also Present: A. William Moss, City Manager

Ken Cuyler, City Attorney

Lisa Absher, Finance Director

Ed Dwyer, Fire Chief

Tom Jones, Police Chief

Greg Niles, Community Development Director

Ladd Ryziw, Public Works Director

Laura Litzan, Deputy City Clerk

Other staff members and interested citizens and visitors

INVOCATION AND PLEDGE OF ALLEGIANCE

By: Reverend Ron Biel – Marco Lutheran Church

APPROVAL OF AGENDA

MOTION by Vice-Chair Schuler to APPROVE THE AGENDA. Second by Councilman Pearson. Motion carried 7-0.

Council Minutes for October 16, 2000 (Regular Meeting.)

MOTION by Councilman Minozzi to APPROVE THE MINUTES FOR OCTOBER 16, 2000 (REGULAR MEETING.) Second by Councilman Pettersen. Motion carried 7-0.

City of Marco Island

City Council Minutes for November 6, 2000

(A) GFOA Distinguished Budget Presentation Award.

(Editorial History: The Government Finance Officers Association of the United States and Canada (GFOA) has presented a Distinguished Budget Presentation Award to the City of Marco Island for its annual budget for the fiscal year beginning October 1, 1999.)

Mr. Terry Sharp, representing The Government Finance Officers Association, presented the Distinguished Budget Presentation Award to City Council. He stated that the City’s budget document met all the GFOA’s high standards for policy document, operations guide, financial plan and as a communication device, and added the City of Marco Island is in distinguished company because only 1.5% of all cities in the United States and Canada receive this award.

(B) Longevity Service Award.

(Editorial History: Employees of the City of Marco Island receive service awards for their longevity of employment.)

Mr. Moss introduced Firefighter David Batiato and presented him with a longevity service award for his 10 years of service.

(A) ORDINANCE – Second Reading & Public Hearing – An Ordinance to Amend the Firefighters’ Pension Plan.

(Editorial History: Following regular procedures, City Council adopted on first reading An Ordinance Amending the Firefighter’s Pension Plan to comply with applicable provisions of the State Law on October 16, 2000. The Ordinance is presented for consideration on second reading.)

Mr. Moss read, by title only, an Ordinance to Amend the Firefighter’s Pension Plan. There were no public speakers.

MOTION by Councilman Boyce to ADOPT ON SECOND READING THE ORDINANCE TO AMEND THE CITY OF MARCO ISLAND FIREFIGHTERS’ PENSION PLAN. Second by Councilman Pearson. Motion carried 7-0.

City of Marco Island

City Council Minutes for November 6, 2000

(B) ORDINANCE – Second Reading & Public Hearing - An Ordinance to Adopt and Enact A New Code.

(Editorial History: On October 16, 2000 City Council approved on first reading An Ordinance Adopting and Enacting a New Code for the City of Marco Island. The Ordinance is presented for consideration on second reading.)

Mr. Moss read, by title only, an Ordinance to Adopt and Enact the Code for the City of Marco Island. There were no public speakers.

MOTION by Vice-Chair Schuler to ADOPT ON SECOND READING THE ORDINANCE TO ADOPT AND ENACT THE CODE FOR THE CITY OF MARCO ISLAND. (CORRECTED TO ADD COUNCILMAN MINOZZI’S NAME) Second by Councilman Boyce. Motion carried 7-0.

(Editorial History: On October 16, 2000 City Council considered a resolution approving the transfer of the cable television franchise. Objections were expressed by a representative from Marco Island Cable, due to MediaOne’s failure to establish interconnectivity for the purpose of broadcasting government channels. City Council tabled the resolution and asked that MediaOne Enterprises, Inc. and Marco Island Cable resolve the interconnection issue and that the resolution be brought forth for consideration on November 6, 2000.)

Mr. Moss read, by title only, A Resolution Approving the Transfer of the Cable Television Franchise. Mr. Moss advised Council that he did receive a signed interconnection agreement from the parties involved.

MOTION by Vice-Chair Schuler to REMOVE THIS MATTER FROM THE TABLE. Second by Councilman Boyce. Motion carried 7-0.

Mr. William Gaston, President of Marco Island Cable, confirmed for City Council that MediaOne and Marco Island Cable did negotiate a signed agreement for the interconnection of the government access channels.

MOTION by Vice-Chair Schuler to APPROVE THE RESOLUTION TO TRANSFER THE CABLE TELEVISION FRANCHISE. Second by Councilman Pettersen. Motion carried 7-0.

City of Marco Island

City Council Minutes for November 6, 2000

(D) RESOLUTION – Public Hearing - Petition - V-00-11, Requesting a 17- Foot Variance From the Required 25-Foot Rear Yard Setback for a Single Family Residence.

(Editorial History: The Planning Board heard this request at their October 20, 2000 meeting, and voted 6-0 to recommend approval of Petition V-00-11, with the stipulation that the guesthouse and garage not encroach beyond the 25-foot setback.)

Mr. Moss read, by title only, the Resolution relating to Petition V-00-11. Each council member made his or her ex parte disclosure. All witnesses were sworn in by the Deputy City Clerk. There were no public speakers.

MOTION by Councilman Tucker to APPROVE PETITION NUMBER V-00-01. Second by Councilman Pettersen. Motion carried 7-0.

(E) RESOLUTION – Public Hearing – Petition - CU-00-03, Conditional Use.

(Editorial History: The subject property is zoned RSF-4 and is developed with the existing Marco Presbyterian Church, education building, and parking. As

churches are not a permitted use in the RSF district, the expansion desired requires conditional use approval.)

Mr. Moss read, by title only, the Resolution relating to Conditional Use CU-00-03. Each council member made his or her ex parte disclosure. All witnesses were sworn in by the Deputy City Clerk. There were no public speakers.

MOTION by Councilman Pettersen to APPROVE THE RESOLUTION RELATING TO CONDITIONAL USE NUMBER CU-00-03. Second by Councilman Tucker. Motion carried 7-0.

(F) RESOLUTION – Public Hearing – Petition CCSLV-00-02, Coastal Construction Setback Line Variance.

(Editorial History: The residents of Duchess Condominium walk across the dune over an established 5-foot wide pathway. The dune along this pathway has been erased over time and Duchess Condominium wishes to correct this by building an elevated wooden walkway. Once the walkway is in place the dune will begin restoring itself through natural regeneration and re-vegetation.)

Mr. Moss read, by title only, the Resolution relating to Petition CCSLV-00-02.

Each council member made his or her ex parte disclosure. All witnesses were sworn in by the Deputy City Clerk.

City of Marco Island

City Council Minutes for November 6, 2000

Mr. Jerry Neal, representing the Duchess Condominium, advised City Council of plans to modify the original petition from a 3’ sidewalk to a 4’ sidewalk. City Staff recommended approval for the original request of a 3’ sidewalk and requested that the petitioner bring back an amendment to approve the change.

MOTION by Councilman Tucker APPROVE THE RESOLUTION RELATING TO PETITION NUMBER CCSLV-00-02. Second by Councilman Boyce. Motion carried 7-0.

(G) RESOLUTION- Bond Issue for Bridge on North Barfield Drive.

(Editorial History: During a budget workshop meeting on August 21, 2000, City Council discussed a proposed capital improvement program for FY2001. Among the projects was the construction of a new bridge on North Barfield Drive at Factory Bay for $1,070,000. An application for funding has been submitted to the Florida Municipal Loan Council. Requested was the amount of $1 million with a 15-year amortization. The annual debt service principal and interest will be between $95,000 and $100,000. Total payment for the $1 million loan over the 15-year period is estimated to be $1,474,333. The interest rate is expected to be around 5%.)

Mr. Moss read, by title only, the Resolution relating to a Bond Issue for the Bridge on North Barfield Drive.

Mr. Sal Sciarrino, 911 Montego Court, suggested that City Staff investigate whether the Board of County Commissioners owes Marco Island money for bridge repairs that were never made.

MOTION by Councilman Pettersen to APPROVE THE RESOLUTION RELATING TO A BOND ISSUE FOR THE BRIDGE ON NORTH BARFIELD DRIVE. Second by Councilman Minozzi. Motion carried 7-0.

(H) RESOLUTION- Amend Schedule for Building Permit Fees.

(Editorial History: Currently the City collects, on behalf of the State, permit surcharge fees in the amount of $0.01 per square feet for new construction, renovation or alteration work permitted by the City. Staff is requesting that the schedule of fees be revised to clarify the names of the State surcharge fees, the legislative authority establishing the surcharge fees, the amount to be collected, and to which agency the fees are to be remitted.)

City of Marco Island

City Council Minutes for November 6, 2000

Mr. Moss read, by title only, the Resolution to Amend the Schedule for Building Permit Fees. There were no public speakers.

MOTION by Vice-Chair Schuler to APPROVE THE RESOLUTION TO AMEND THE SCHEDULE FOR BUILDING PERMIT FEES. Second by Councilman Pearson. Motion carried 7-0.

(I) DISCUSSION - Mullet Fishing in Inland Waterways.

(Editorial History: Mullet fishing season runs from October 1st through January 31st, with the height of the fishing activity occurring during the spawning period of January 1st – 31st. Council directed City Attorney Ken Cuyler to research the matter and prepare a report on options available to regulate this activity.)

Mr. Cuyler advised Council that the U. S. Fish and Wildlife Conservation Commission has a limited ability to enact general laws for the taking of mullet by cast nets because it is a legal activity. He recommends using existing law enforcement mechanisms, or the existing local and state laws, to address the activities associated with mullet fishing that have resulted in local citizen complaints. Discussion followed.

Mr. Iradj Taheri, 1000 S. Collier Boulevard, expressed concern that this issue will continue to be a problem. He urged the City Council to pursue this matter with the State Legislature.

Mr. Ray Paret, 665 Crescent Street, reviewed for City Council the history of his past attempts to regulate mullet fishing within inland canals.

Following discussion, City Council directed the City Manager to check with the Florida League of Cities on whether other communities in Florida have this problem and how it was resolved.

Recess: 7:25 p.m. to 7:35 p.m. It is noted for the record that the same council members were present when the meeting reconvened.

(J) DISCUSSION - Establishment of Teen Programs.

(Editorial History: On October 16, 2000 Councilman Minozzi asked that City Council schedule this matter for discussion.)

Councilman Minozzi recommended increasing teen programs on Marco Island and introduced three public speakers to address the issue.

City of Marco Island

City Council Minutes for November 6, 2000

Cindy Love, Acting Director of the YMCA, expressed the importance of promoting youth awareness issues on Marco Island to build positive and healthy teens.

Jeremy Hurd, Adult & Youth Director of the YMCA, provided a survey to City Council describing 40 different development assets for youths today. The programs offered at the YMCA reinforce positive development beyond what local schools provide in the classroom.

Al Diaz, 1289 Fruitland Avenue, President of the Rotary Club, spoke in favor of increased youth programs on Marco Island.

MOTION by Councilman Minozzi to AUTHORIZE THE CITY MANAGER TO FUND THE PROGRAMS BEING OFFERED THROUGH THE YMCA. Second by Councilman Pettersen. No vote taken. Discussion followed.

Some Council members questioned whether this matter needs further research and recommended that the Parks & Recreation Advisory Committee assign a special task force to review this issue and make a recommendation to City Council at the next meeting.

MOTION by Councilman Tucker to TABLE PRIOR MOTION UNTIL THE NEXT MEETING. Second by Vice-Chair Schuler. Motion carried 5-2. (Chairman Cowin and Councilman Minozzi opposed.)

(K) DISCUSSION- Funding to Oppose Proposed Designation of Critical Habitat for the Piping Plover.

(Editorial History: On October 16, 2000 Councilman Minozzi and Mr. Pat Neale, representing the ad hoc committee organized to oppose the designation, asked City Council to schedule for discussion a commitment of City funds toward this effort.)

MOTION by Councilman Tucker to AUTHORIZE THE EXPENDITURE OF $30,000 TO FUND THE EFFORTS OF THE PIPING PLOVER AD HOC COMMITTEE. Second Councilman Pettersen. No vote taken. Discussion followed.

City of Marco Island

City Council Minutes for November 6, 2000

Mr. Pat Neale, Chairman of the ad hoc committee, reviewed two options available to City Council for disbursement of any City funds in support of this issue. The City can pay directly to several experts retained such as (a) the law firm in Miami, (b) a biological research associate (c) an economist on beach renourishment (d) an engineer on Marco Island beach renourishment, or the City can direct the expenditure to the newly formed “Save our Marco Beaches Committee”.

Mr. William Stronge, a Beach Renourishment Economist retained by the ad hoc committee, explained his report presented to the ad hoc committee on the economic impact of the piping plover designation for Marco Island.

MOTION by Councilman Tucker to AUTHORIZE THE EXPENDITURE OF $30,000 TO FUND THE EFFORTS OF THE PIPING PLOVER AD HOC COMMITTEE, TO BE DISBURSED AS DETERMINDED BY THE CITY MANAGER AND CITY ATTORNEY. Second by Councilman Pettersen. Motion carried 7-0.

(L) DISCUSSION - Appointments to the Code Enforcement Board.

(Editorial History: City Council is responsible for the appointment of board members. Each Council member recommends the appointment of a resident and registered elector to serve on a board. The term of office is four years.)

MOTION by Councilman Tucker to NOMINATE MR. MONTE LAZARAS FOR A SECOND TERM ON THE CODE ENFORCEMENT BOARD. Second by Vice-Chair Schuler. Motion carried 7-0.

MOTION by Councilman Boyce to NOMINATE MR. CHARLES HUGHES FOR A SECOND TERM ON THE CODE ENFORCEMENT BOARD. Second by Councilman Tucker. Motion carried 7-0.

MOTION by Councilman Pearson to NOMINATE MR. NICK CARSILLO TO REPLACE MR. BARRY GIBSON ON THE CODE ENFORCEMENT BOARD. Second by Vice-Chair Schuler. Motion carried 5-2. (Councilman Minozzi and Councilman Pettersen opposed)

MOTION by Councilman Pettersen to TABLE THE LAST NOMINATION UNTIL THE NEXT MEETING. Second by Councilman Minozzi. Motion failed 5-2. (Chairman Cowin, Vice-Chair Schuler, Councilman Pearson, Councilman Boyce Councilman Tucker opposed)

City of Marco Island

City Council Minutes for November 6, 2000

(M) DISCUSSION - Award of Contract for Engineering Services.

(Editorial History: Public Works staff recently solicited proposals from qualified regional consulting engineering firms and recommends that City Council award annual Agreements for Professional Engineering Services to the five top ranked firms; Wilson-Miller; Hole, Montes and Assoc., Inc.; Coastal Engineering; RWA, Inc.; and Pitman, Hartenstein.)

MOTION by Councilman Boyce to AWARD THE CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES TO: (1) WILSON-MILLER, (2) HOLE, MONTES AND ASSOC., INC., (3) COASTAL ENGINEERING, (4) RWA, INC., (5) PITMAN, HARTENSTEIN, AND TO AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENTS. Second by Councilman Tucker. Motion carried 7-0.

(N) DISCUSSION- Award of Contract for Fire Apparatus.

(Editorial History: The amount of $325,000 has been appropriated in the FY 2001 Fire Department budget to procure a new fire apparatus. The new pumper will replace a 1985 1250 gpm Emergency One pumper that will be placed in reserve status. The current reserve vehicle, a 1980 FMC, has exhausted its useful life and eventually will be taken out of service.)

MOTION by Vice-Chair Schuler to AWARD THE CONTRACT FOR FIRE APPARATUS TO PIERCE MANUFACTURING, INC. UNDER THE TERMS AND CONDITIONS OF CONTRACT NO. 99-150, MODIFICATION NO. 1, ISSUED BY LAKE COUNTY, FLORIDA. Second by Councilman Boyce. Motion carried 7-0.

COUNCIL COMMUNICATIONS AND DISCUSSION

Councilman Pettersen commented on his previous discussion of blood worms discovered in the holding tanks of a Deltona woman. He expressed concern for the number of holding tanks on Marco Island.

Councilman Pettersen questioned the manner in which a presentation was made for Ken Venturi. He stated he felt it was a violation of the Florida Sunshine Law. Councilman Pettersen requested that the City Attorney investigate the matter to determine if a violation of law occurred.

Councilman Minozzi commended Monte Lazarus and other Civil Air Patrol members for their time and efforts in providing our community with the Incident Command Center.

City of Marco Island

City Council Minutes for November 6, 2000

Councilman Minozzi commended Marco Island residents Dr. Sam D’Urso and Jose Giranda for their accomplishments with the Collier County Chapter of Habitat for Humanity.

Councilman Minozzi commented on the upcoming Charter referendum and the importance in voting “yes.” He urged City Council to encourage citizens to vote in favor of this referendum, and he indicated that the main item in question was Article 1, Paragraph 6, which relates to a 3% cap on expenditures within the operating budget. Discussion followed.

MOTION by Councilman Minozzi to REAFFIRM CITY COUNCIL’S SUPPORT FOR THE UPCOMING REFERENDUM OF THE CITY CHARTER REVISIONS. Second Councilman Tucker. Motion carried 7-0.

Chairman Cowin announced that the next City Council meeting would be December 4, 2000.

Councilman Pettersen requested an item on the next agenda regarding a liquor license for Marek’s Collier House Restaurant. (Editor Note: This item will appear on the December 4, 2000 agenda.)

Mr. Richard Schoen, 1815 Woodbine Court, spoke against granting any additional favors for Mr. Antaramian.

There being no further business to come before City Council the meeting adjourned at 9:15 p.m.

(signature page to follow)

City of Marco Island

City Council Minutes for November 6, 2000

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Harry Cowin, Council Chairman

Date________________________

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A. William Moss, City Manager/City Clerk

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Liz Oakes, Secretary

Date: _______________________