THE CITY OF MARCO ISLAND
MINUTES
City Council Meeting – October 16, 2000 – 6:00 p.m.
Chairman Cowin called the meeting to order and presided.
ROLL CALL
All Present, except Councilman Boyce who was absent.
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 Dean Dalrymple – United Church of Marco Island
APPROVAL OF AGENDA
MOTION by Councilman Pettersen to APPROVE THE AGENDA. Second by Councilman Pearson. Motion carried 6-0.
MINUTES
Council Minutes for October 6, 2000 (Regular Meeting.)
MOTION by Vice-Chair Schuler to APPROVE THE MINUTES FOR OCTOBER 6, 2000 (REGULAR MEETING.) Second by Councilman Pearson. Motion carried 6-0.
City of Marco Island
City Council Minutes for October 16, 2000
Page 2
BUSINESS
(A) ORDINANCE – First Reading – An Ordinance to Amend the Firefighters’ Pension Plan.
(Editorial History: Pursuant to amendments to Chapter 175, Florida Statutes, and upon the request of the Pension Board, attorney James Linn, of Lewis, Longman & Walker, P.A., was asked to review the Pension Plan and make necessary changes to comply with State and Federal law. In June of this year, City Council approved changes to the plan through Ordinance 00-08. Upon submitting our revised plan to the State of Florida, the Division of Retirement determined that additional changes were necessary. The additional changes needed are of an administrative nature and do not have any economic impact. City Council adopted this Ordinance as an Emergency Ordinance at its meeting of September 25, 2000. )
Mr. Moss read, by title only, the Ordinance to Amend the Firefighters’ Pension Plan. There were no public speakers.
MOTION by Councilman Pettersen to ADOPT ON FIRST READING THE ORDINANCE AMENDING THE CITY OF MARCO ISLAND FIREFIGHTERS’ PENSION PLAN. Second by Councilman Pearson. Motion carried 6-0.
(B) ORDINANCE – First Reading – An Ordinance Adopting and Enacting a New Code for the City of Marco Island.
(Editorial History: Section 3.14 of the City Charter states that the City’s ordinances will be periodically codified. Municipal Code Corporation, the nation’s leading publisher of Local Government Codes, was selected to prepare the Code of Ordinances for the City of Marco Island. Municipal Code recently finished the first edition of the Code.)
Mr. Moss read, by title only, the Ordinance to Adopt and Enact a New Code for the City of Marco Island. There were no public speakers.
MOTION by Vice-Chair Schuler to ADOPT ON FIRST READING THE ORDINANCE ADOPTING AND ENACTING A NEW CODE FOR THE CITY OF MARCO ISLAND. Second by Councilman Pearson. Motion carried 6-0.
City of Marco Island
City Council Minutes for October 16, 2000
Page 3
(C) RESOLUTION – Public Hearing – Petition No. VAC-00-01 – Dominique Rihs, Esq., as agent for Michael Fisher, Esq., is requesting the vacation of a road right-of-way (known as dead end of “Castaways Street”) on the property described as lots 11 & 12, block 225 and lot 22, block 229, owned by Michael and Benae Fisher.
(Editorial History: The petitioner wishes to vacate the right-of-way and incorporate it in the adjoining lots to enhance the aesthetic appearance of the corner. This matter was referred to the Planning Board for a courtesy review. The Board raised concerns as to public benefit and loss of public space adjacent to a canal.)
Mr. Moss read, by title only, the Resolution relating to Petition No. VAC-00-01.
PUBLIC COMMENT
Ms. Dominique Rihs, attorney for the petitioner, advised Council that lot 22 had been recently sold. She stated that she is also representing the new owners, Mr. and Mrs. Bryan Carey, with respect to this petition. Ms. Rihs reviewed for Council elements of the petition and responded to Council’s questions.
Mr. Michael Fisher, the petitioner, expressed concern regarding the safety of individuals attempting to fish from the narrow strip of land between the guardrail and the seawall, as well as the potential for a public nuisance at this location.
Mr. Walter Daleske, 368 Castaways Street, spoke in opposition to the petition, citing the loss of public access to the waterway.
Council discussion followed public comment. Some council members expressed concern about “giving away” public property; others felt that it was unlikely that this land would ever be of benefit to the public.
MOTION by Councilman Pearson to APPROVE PETITION NUMBER VAC-00-01. Second by Vice-Chair Schuler. Motion carried 4-2. (Councilman Pettersen and Councilman Tucker opposed.)
Recess: 7:05 p.m. to 7:15 p.m. It is noted for the record that the same council members were present when the meeting reconvened.
City of Marco Island
City Council Minutes for October 16, 2000
Page 4
(D) RESOLUTION – A Resolution to Transfer Cable Television Franchise.
(Editorial History: A Cable Television Franchise Agreement with MediaOne Enterprises, Inc. was transferred from Collier County to the City of Marco Island. City Council subsequently approved a transfer of control from Media One to AT&T Corp., although the MediaOne subsidiary continued to hold the Franchise. AT&T Corp. has now submitted to the City an Application for Franchise Authority Consent to Assignment or Transfer Control of Cable Television Franchise Agreement from AT&T Corp. to Comcast Cablevision of the South, Inc.)
Mr. Moss read, by title only, the Resolution to Transfer Cable Television Franchise.
PUBLIC COMMENT
Mr. William (Bill) Gaston, President of Marco Island Cable, advised Council that MediaOne and Marco Island Cable have yet to reach an agreement regarding the interconnection requirement that would allow government channel access for all Marco Island cable subscribers.
Mr. Gilbert Moncivaiz, Corporate Affairs Manager for MediaOne, advised Council that under the “transfer of ownership terms” of the franchise agreement Council may only consider the legal ability of the acquiring company, the financial ability of the acquiring company, and the technical capability of the acquiring company when making this decision. He stated that the transfer does not provide an opportunity to open up the franchise agreement, nor the ordinance, however, he wanted Council to know that MediaOne and Marco Island Cable are currently negotiating the interconnection requirement.
Ms. Jean Merritt, 265 Waterside Circle, expressed support for every citizen of Marco Island to have access to the government access channel.
MOTION by Vice-Chair Schuler to DEFER APPROVAL OF THE RESOLUTION UNTIL NEGOTIATIONS BETWEEN THE CABLE PROVIDERS ARE CONSUMMATED. Second by Councilman Tucker. City Attorney Ken Cuyler reminded Council that the negotiations between cable providers are not relevant to this matter. Motion and second withdrawn following discussion.
MOTION by Councilman Tucker to TABLE THIS MATTER UNTIL THE NEXT COUNCIL MEETING TO ALLOW FURTHER REVIEW BY THE CITY ATTORNEY AND CITY STAFF. Second by Chairman Cowin. Motion carried 6-0.
City of Marco Island
City Council Minutes for October 16, 2000
Page 5
(E) DISCUSSION – Facilitator.
(Editorial History: Councilman Pettersen requested the matter of retaining the services of a facilitator be placed on the City Council agenda for discussion.)
Councilman Pettersen presented his views on the advantages of hiring a facilitator to work with City Council. Some council members suggested that this expenditure would be an unnecessary expense.
PUBLIC COMMENT
Mr. Charlie Slagle, 805 Caribbean Court, and Mr. Richard Heinrich, 1123 S. Collier Boulevard, spoke in opposition to hiring a facilitator.
MOTION by Councilman Pettersen to HIRE A FACILITATOR AT AN APPROXIMATE COST OF $1,500. Motion failed for lack of a second.
(F) DISCUSSION – Status of MSTU for Sheriff’s Services.
(Editorial History: Councilman Minozzi requested the matter of reinstating the MSTU for Sheriff’s services be placed on the City Council agenda for discussion.)
Councilman Minozzi provided an update to Council on the progress of reinstating the MSTU for Sheriff’s services. He indicated that the request has garnered support by some members (and likely future members) of the Board of County Commissioners. He will continue to keep Council informed of his progress.
(G) DISCUSSION – Christmas Island Style.
(Editorial History: Mr. David Rice, Chairman of the Christmas Island Style Committee, has requested City support for several Christmas events. The support required includes permission to close City streets along the parade route for the Christmas Parade on December 9th, police and fire support for the Santa arrival on November 24th, the tree lighting ceremony on December 1st, and the street parade on December 9th. Additionally, a Christmas Sing-along is proposed at the Frank E. Mackle, Jr. Community Park on December 19th.)
PUBLIC COMMENT
Mr. David Rice, 184 Stillwater Court, Chairman of the Christmas Island Style Committee, requested the City Council’s continued support this annual event.
City of Marco Island
City Council Minutes for October 16, 2000
Page 6
MOTION by Vice-Chair Schuler to APPROVE THE REQUEST FOR CITY SUPPORT OF THE CHRISTMAS ISLAND STYLE EVENT. Second by Councilman Minozzi. Motion carried 6-0.
(H) DISCUSSION – Great Floridians 2000 Program.
(Editorial History: The Florida Department of State encourages municipalities to sponsor nominations to the program. The Marco Island Historical Society has prepared an application packet to nominate William David (Captain Bill) Collier for the Great Floridians 2000 Program.)
MOTION by Councilman Pettersen APPROVE CITY SPONSORSHIP OF WILLIAM DAVID COLLIER TO THE GREAT FLORIDIANS 2000 PROGRAM. Second by Vice-Chair Schuler. Motion carried 6-0.
(I) DISCUSSION – Statewide Mutual Aid Agreement
(Editorial History: The City of Marco Island has previously participated in a Statewide Mutual Aid Agreement to provide for mutual support following disasters. The Florida Department of Community Affairs has rewritten the Catastrophic Mutual Aid Agreement in order to expand the scope to include cities, counties, and independent districts.)
MOTION by Councilman Pettersen to AUTHORIZE THE CITY MANAGER TO EXECUTE THE CATASTROPHIC MUTUAL AID AGREEMENT. Second by Councilman Pearson. Motion carried 6-0.
COUNCIL COMMUNICATIONS AND DISCUSSION
Councilman Pettersen read two newspaper articles concerning a Florida Water Services customer in Deltona that found red worms in her drinking water, and Florida Water Service’s response in conducting tests to determine the cause.
Councilman Pearson reported that he recently attended a Florida League of Cities conference for elected municipal officials, and received favorable comments regarding staff members.
FUTURE AGENDA
Councilman Minozzi requested that an item regarding teen programs be placed on the agenda for discussion. (Ed. Note: this item will appear on the November 6, 2000 agenda.)
City of Marco Island
City Council Minutes for October 16, 2000
Page 7
Councilman Minozzi requested that an item regarding possible financial assistance for the Piping Plover Ad Hoc Committee be placed on the agenda for discussion. (Ed. Note: this item will appear on the November 6, 2000 agenda.)
PUBLIC COMMENT
Mr. Pat Neale, Chairman of the Piping Plover Ad Hoc Committee, thanked Councilman Minozzi for placing the Piping Plover issue on the next agenda. He provided Council with a brief update of the committee’s activities. Mr. Neale also commented that the issue concerning the Florida Water Services customer with the red worms has been resolved, and that a clean bill of health was issued the by local health department.
Mr. Bob Butler, 921 S. Collier, inquired whether any progress is being made at the Esplanade site.
ADJOURN
There being no further business to come before City Council the meeting adjourned at 8:30 p.m.
____________________________
Harry Cowin, Council Chairman
Date________________________
ATTEST:
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A. William Moss, City Manager/City Clerk
Date________________________
PREPARED BY:
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Liz Oakes, Secretary
Date: _______________________
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