THE CITY OF MARCO ISLAND
MINUTES
City Council Meeting – August 7, 2000 – 6:00 p.m.
Chairman Cowin called the meeting to order and presided.
ROLL CALL
All Present
Also Present: A. William Moss, City Manager
Ken Cuyler, City Attorney
Bob Boone, Public Safety Director
Lisa Absher, Finance Director
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, AMENDED TO DELETE ITEM 5(F), DISCUSSION – LOT AT INTERSECTION OF SAN MARCO ROAD AND HEATHWOOD DRIVE, AND ADD AN ITEM REGARDING A STATEMENT TO BE READ BY CHAIRMAN COWIN. Second by Councilman Pearson. Motion and second withdrawn following discussion.
MOTION by Councilman Pettersen to REMOVE ITEM 5(B), DISCUSSION – CLARIFY MOTION CONCERNING THE PUBLIC SAFETY DEPARTMENT, FROM THE AGENDA. Second by Councilman Minozzi. Motion failed 5-2. (Councilman Boyce, Chairman Cowin, Councilman Pearson, Vice-Chair Schuler and Councilman Tucker opposed.)
MOTION by Chairman Cowin to APPROVE THE AGENDA, AMENDED TO DELETE ITEM 5(F), DISCUSSION – LOT AT INTERESECTION OF SAN MARCO ROAD AND HEATHWOOD DRIVE. Second by tacit approval. Motion carried 6-1. (Councilman Pettersen opposed.)
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MINUTES
Council Minutes for July 17, 2000 (Regular Meeting.)
MOTION by Councilman Boyce to APPROVE THE MINUTES FOR JULY 17, 2000. Second by Councilman Pearson. Motion carried 7-0.
BUSINESS
(A) ORDINANCE – Second Reading & Public Hearing – Amendment to Administrative Construction Code.
(Editorial History: In September 1998, City Council adopted the Administrative Construction Code. In recent months a situation arose which is not adequately addressed under the current code. The situation related to the desire of a property owner to have the city transfer the building permit for construction of his new home from his builder to the property owner to complete the project as owner-builder. Council adopted this ordinance on first reading at the meeting of July 17, 2000.)
Mr. Moss read, by title only, the Ordinance Amending Ordinance 98-17, which is the City’s Administrative Construction Code. There were no public speakers.
MOTION by Vice-Chair Schuler to ADOPT ON SECOND READING, THE ORDINANCE AMENDING ORDINANCE 98-17, THE CITY’S ADMINISTRATIVE CONSTRUCTION CODE. Second by Councilman Minozzi. Motion carried 7-0.
(B) DISCUSSION – Clarify Motion Concerning the Public Safety Department.
(Editorial History: On July 17, 2000, City Council agreed to remove from the table a subject matter scheduled for the agenda of May 15, 2000. The subject matter, originally requested by Councilwoman Schuler, suggested that clarification is required in regard to the Public Safety Department’s organizational structure, budgetary expenditures, cross training, emergency response, etc.)
MOTION by Councilman Minozzi to TABLE THIS ITEM. Second by Councilman Pettersen. Motion failed 4-3. (Councilman Boyce, Chairman Cowin, Councilman Pearson and Vice-Chair Schuler opposed.)
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Discussion followed. Vice-Chair Schuler explained why she felt that the motion required further clarification; some council members disagreed that additional clarification was necessary. Following discussion, Vice-Chair Schuler requested that this item be withdrawn. No further action was taken by City Council on this matter.
(C) DISCUSSION – Code Compliance Officers.
(Editorial History: On July 17, 2000, City Council agreed to place on the agenda a matter that had been tabled on May 15, 2000. On May 15, 2000, at the request of Councilman Pearson, a matter was placed on the agenda regarding the Code Compliance Division; the appropriateness of police officers engaged in code compliance activities, and whether these officers should be in uniform, equipped, and prepared to respond to public safety emergencies.)
Councilman Pearson explained his objection to police officers engaging in code enforcement activities. Some Council members expressed their views on the advantages and disadvantages of the utilization of police officers as code enforcement officers. No further action was taken by City Council on this matter.
PUBLIC COMMENT
Mr. Monte Lazarus, 222 Waterway Court, reminded Council that code enforcement matters are civil matters; police matters are criminal.
Ms. Fay Biles, 1588 Heights Court, commented on the recent theft of Media One cable equipment that she felt was due to the lack of nighttime police patrols, and the previous Council’s obsession with having a police department.
Citizens expressing support for code enforcement officers certified as police officers:
Ms. Vicki Kelber, Kendall Drive
Mr. John Kenny, 910 Olive Court
Mr. Jim Curran, 590 Club Marco Circle
Ms. Regina Riley, Spinnaker Drive
Mr. Bob Butler, 921 S. Collier Boulevard
Mr. Pat Reece, 285 Edgewater Court
Ms. Barbara Day, 1864 Honduras Court
Mr. Sal Sciarrino, 911 Montego Court
Mr. Tom Treager, 129 S. Collier Boulevard
Mr. Charlie Slagle, 805 Caribbean Court
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(D) DISCUSSION – Resolution to Urge the Board of County Commissioners to Reenact the Unincorporated MSTU.
(Editorial History: On July 17, 2000 Councilman Minozzi requested and City Council agreed to consider a resolution to urge the Board of County Commissioners to reenact the Unincorporated MSTU.
In the early 1980s, Collier County enacted an Unincorporated MSTU to fund a portion of the Sheriff’s Office budget. This action resulted in a taxation philosophy referred to as the “Doughnut Theory” in which taxes in the City of Naples were lower because they had their own police department, while the Unincorporated areas paid more taxes through the Unincorporated MSTU.
In 1998, the Unincorporated MSTU was 0.5721 mils. In 1999, the Board of County Commissioners evaluated the distribution of services between the General Fund and the Unincorporated Area General Fund. They decided to allocate 100% of the Sheriff’s budget to the General Fund. The Board’s policy change has since required property owners in Marco Island and Naples to pay for a disproportionate share of the Sheriff’s budget.)
MOTION by Councilman Minozzi to APPROVE THE RESOLUTION REQUESTING THE BOARD OF COUNTY COMMISSIONERS TO REENACT THE UNINCORPORATED MSTU. Second by Councilman Pettersen. Motion and second withdrawn following discussion.
MOTION by Councilman Tucker to TABLE THE PRIOR MOTION. Second by Vice-Chair Schuler. Motion and second withdrawn following the withdrawal of the prior motion.
Following discussion, Council agreed to defer this item until the first City Council meeting in September.
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.
(E) DISCUSSION – Rules of Procedure.
(Editorial History: On July 17, 2000, Chairman Cowin asked that a discussion regarding City Council’s Rules of Procedure be placed on the agenda of August 7, 2000 for discussion. Specifically, he asked that Sections 10G (Reconsideration), 1E (Suspend Rules) and 2C (Adding or Deleting Item from Agenda) of the Rules of Procedure be discussed.
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MOTION by Chairman Cowin to AMEND PAGE 1, PARAGRAPH 1 OF CITY COUNCIL’S RULES OF PROCEDURE TO ADD THE FOLLOWING SENTENCE: “FOR THOSE SITUATIONS NOT COVERED BY THESE ARTICLES, ‘ROBERTS RULES OF ORDER’ WILL APPLY, AS INTERPRETED BY THE CITY ATTORNEY ACTING AS PARLIAMENTARIAN.” Second by Vice-Chair Schuler. Motion carried 7-0.
MOTION by Councilman Tucker to AMEND PAGE 7, SECTION 10(G) OF CITY COUNCIL’S RULES OF PROCEDURE TO STATE: “ANY COUNCIL MEMBER, HAVING VOTED WITH A MAJORITY ON ANY QUESTION, MAY MOVE FOR A RECONSIDERATION OF THE QUESTION AT THAT MEETING OR THE SUCCEEDING MEETING OF CITY COUNCIL, BUT NOT AFTERWARDS, FOR A PERIOD OF ONE (1) YEAR. AFTER THE ONE (1) YEAR PERIOD, ANY COUNCIL MEMBER, REGARDLESS OF HAVING VOTED IN EITHER THE MAJORITY OR MINORITY, MAY MOVE FOR RECONSIDERATION OF THE QUESTION.” Second by Councilman Minozzi. Motion carried 7-0.
(F) DISCUSSION – Lot at Intersection of San Marco Road and Heathwood Drive.
(Editorial History: On July 17, 2000, Chairman Cowin asked that a discussion regarding the vacant lot adjacent to the Racquet Club at the intersection of San Marco Road and Heathwood Drive be placed on the agenda for discussion.)
This item was removed from the agenda at the beginning of the meeting.
(G) DISCUSSION – Purchasing Procedures.
(Editorial History: On July 17, 2000, Vice-Chair Schuler asked that a matter be placed on the agenda regarding purchasing policies.)
Vice-Chair Schuler urged council members to adopt a purchasing policy to require any expenditure over $10,000 be approved by City Council. Some council members expressed support for modifying the policy; others expressed opposition to changing the current policy.
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PUBLIC COMMENT
Mr. Richard Heindrick, 1123 S. Collier, and Ms. Fay Biles, 1588 Heights Court, suggested that several items in the budget may require further scrutiny by City Council.
Following public comment, Council agreed to hold a budget workshop to discuss capital projects priorities during the City Council meeting of August 21, 2000. No further action was taken by City Council on this matter.
(H) DISCUSSION – Public Information Regarding the Referendum on the City Charter.
(Editorial History: On July 17, 2000 City Council discussed public information letters regarding the referendum on police services. Attached to the agenda item was an explanation of the proposed City Charter amendments scheduled for referendum on November 7, 2000. The letter regarding the proposed Charter amendments was not discussed by City Council.)
MOTION by Councilman Pettersen to PLACE TWO ADVERTISMENTS IN THE MARCO ISLAND EAGLE, INFORMING RESIDENTS WHERE THEY MAY OBTAIN INFORMATION ON THE PROPOSED CHANGES TO THE CITY CHARTER. Second by Councilman Tucker. Motion carried 7-0.
COUNCIL COMMUNICATIONS AND DISCUSSION
Chairman Cowin read a prepared statement concerning the alleged sunshine law violation concerning himself and Councilman Boyce. He feels that the handling of the alleged violation reflects either gross incompetence or vindictiveness, and an attempt to remove the City Council Chairman and Councilman Boyce from office. He stated, “He no longer has any confidence in the City Manager, A. W. Moss, to objectively and satisfactory perform his duties in managing the resources he is entrusted with in carrying out the policies and directives of this City Council.” Some council members spoke in support of the Chairman’s statement; other council members stated that they had no reason to believe that any member of City staff is conspiring against council members, and that the misidentification of Mr. Tom Shea as
Councilman Boyce was a “bungling” mistake.
Councilman Tucker recommended that Council adopt a procedure which allows public speakers who have “signed up,” to speak first on an item, followed by speakers who have not “signed up.”
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Councilman Minozzi recommended that Council consider holding a “town hall” type meeting, as suggested by Mr. Roy Sanders.
Chairman Cowin reviewed for Council several letters he received from residents, soliciting comments from council members and staff.
FUTURE AGENDA
Councilman Pettersen requested that an item regarding the hiring of an outside facilitator to assist Council in developing a more effective working relationship be added to the agenda. This item will appear on the August 21, 2000 agenda. (Ed. Note: This item was subsequently deferred to the September 11, 2000 agenda.)
Councilman Tucker requested that an item regarding his recommendation to allow speakers who have “signed up,” as well as spontaneous comments, be added to the agenda. This item will appear on the September 11, 2000 agenda.
Chairman Cowin requested that an item regarding a resolution regarding the Piping Plover issue be added to the agenda. This item will appear on the August 21, 2000 agenda.
PUBLIC COMMENT
Mr. Ray Paret, 665 Crescent Street, commented on his meeting with Fay Biles, at which Mr. Shea as incorrectly identified as Councilman Boyce.
Mr. Pat Neale, commented that the Chamber of Commerce is co-sponsoring a meeting at the Olde Marco Inn on August 16, 2000 to discuss the issue of Marco Island beaches being designated as a critical habitat for the Piping Plover. Additionally, he advised Council that business owners in the Elkcam Circle industrial area have been meeting with City staff on proposed improvements to the area.
Mr. Richard Smith, 2677 Seminole, commented that police and fire departments should be separate. He expressed concern that the public safety concept will be reinstated in the future.
Ms. Vicki Kelber, Kendall Drive, questioned why the previous speaker was allowed to speak on an agenda item already discussed. She suggested that letters to City Council should be copied to all council members.
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Lt. Bill McDonald, Commander of the Marco Island Substation, responded to Councilman Pettersen’s inquiry regarding why the Sheriff still sends deputies to Marco Island City Council meetings.
Mr. Sal Sciarrino, 911 Montego Court, requested that a Sheriff’s Deputy be posted at each polling place to enforce the rules and regulations that were violated at the last election.
An unknown speaker commented that he was a poll deputy, and that although some voters complained about being solicited outside the polls, the rules were enforced.
Mr. William Patterson, 1813 Elm Court, commented that he was offended by being approached by fireman at the polls during the last election. He felt they should not be allowed to do this again.
ADJOURN
There being no further business to come before City Council, the meeting adjourned at 9:35 p.m.
____________________________
Harry Cowin, Council Chairman
Date________________________
ATTEST:
____________________________
A. William Moss, City Manager/City Clerk
Date________________________
PREPARED BY:
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Laura Litzan, Deputy City Clerk
Date: _______________________
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