City of Marco Island - Regular Meeting

THE CITY OF MARCO ISLAND

City Council Meeting – July 17, 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

Mark Hobson, City Planner

Kelly Smith, Zoning Administrator

Laura Litzan, Deputy City Clerk

Other staff members and interested citizens and visitors

INVOCATION AND PLEDGE OF ALLEGIANCE

By: Reverend Joy Baumgartner – United Church of Marco Island

APPROVAL OF AGENDA

MOTION by Councilman Minozzi to REMOVE ITEM 5(G), TABLED MOTIONS ISSUE, FROM THE AGENDA. Second by Councilman Pettersen. Motion failed 5-2. (Councilman Boyce, Chairman Cowin, Councilman Pearson, Vice-Chair Schuler and Councilman Tucker opposed.)

MOTION by Vice-Chair Schuler to APPROVE THE AGENDA. Second by Councilman Pearson. Motion carried 6-1. (Councilman Pettersen opposed.)

Council Minutes for June 19, 2000 (Regular Meeting.)

MOTION by Councilman Pearson to APPROVE THE MINUTES FOR JUNE 19, 2000. Second by Councilman Tucker. Motion carried 7-0.

(B) Council Minutes for June 26, 2000 (Budget Workshop.)

MOTION by Councilman Tucker to APPROVE THE MINUTES FOR JUNE 26, 2000 (BUDGET WORKSHOP.) Second by Councilman Boyce. Motion carried 7-0.

City of Marco Island

City Council Minutes for July 17, 2000

(C) Council Minutes for June 26, 2000 (Comprehensive Plan Workshop.)

MOTION by Vice-Chair Schuler to APPROVE THE MINUTES FOR JUNE 26, 2000 (COMPREHENSIVE PLAN WORKSHOP.) Second by Councilman Pearson. Motion carried 7-0.

(D) Council Minutes for June 26, 2000 (Special-Called Meeting.)

MOTION by Councilman Tucker to APPROVE THE MINUTES FOR JUNE 26, 2000 (SPECIAL-CALLED MEETING.) Second by Councilman Pettersen. Motion carried 7-0.

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

(Editorial History: Pursuant to amendments to Chapter 175, Florida Statutes, and upon 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. City Council adopted this ordinance on first reading at the Council meeting held on June 19, 2000.)

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

MOTION by Vice-Chair Schuler to ADOPT ON SECOND READING, THE ORDINANCE TO AMEND THE FIREFIGHTERS’ PENSION PLAN. Second by Councilman Pearson. Motion carried 7-0.

(B) ORDINANCE – First Reading – 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.)

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.

City of Marco Island

City Council Minutes for July 17, 2000

MOTION by Councilman Pettersen to ADOPT ON FIRST READING, THE ORDINANCE AMENDING ORDINANCE 98-17, THE CITY’S ADMINISTRATIVE CONSTRUCTION CODE. Second by Councilman Minozzi. Motion carried 7-0.

(C) RESOLUTION – Public Hearing – Petition V-2000-05, Lisa Smith of Custom Dock & Repair, Inc., as agent for Ray Niemeyer, property owner, requesting a 7.5 foot variance from the required 7.5 foot riparian line setback for boat docking facilities on a shoulder lot to allow for the construction of a boat docking facility on property located at 1658 San Marco Road.

(Editorial History: The subject property is a shoulder lot with 42 feet of water frontage. The property line extends out 3 feet into the waterway, whereas most shoulder lots have a property line extending out 12 into the waterway. It is because of the location of the property line that the variance is being sought. The variance is being requested so that the property owner may construct a dock with a boatlift in order to moor a 35-foot boat at the subject property. The encroachment into the setback area would be the boatlift and moored vessel. No decking would be located within the required setback. Because of the uniqueness of this property, staff does not believe that granting the variance requested would confer any special privilege on the petitioner. The Planning Board heard this request at their June 9, 2000 meeting and voted unanimously to recommend approval of this petition to City Council. )

Mr. Moss read, by title only, the Resolution Relating to Petition Number V-2000-05. 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 THE RESOLUTION RELATING TO PETITION NUMBER V-2000-05. Second by Councilman Pearson. Motion carried 7-0.

(D) RESOLUTION – Public Hearing – Petition BD-2000-12, Jerry Neal as agent for Vantage Point Condominium, property owner, requesting a 15 foot extension from the maximum permitted 20 foot protrusion into the waterway to allow for the construction of a boat docking facility on property located at 860 Panama Court, further described as Vantage Point Condominium.

(Editorial History: Vantage Point Condominium property abuts several waterways which range from 130 feet to 200 feet in width. The proposed boat docking facility will not protrude more than 23% of the narrowest waterway. The proposed boat docking facility will consist of a 5-foot wide walkway and 18 finger piers, which are 4 feet wide and 25 feet in length on the Panama

City of Marco Island

City Council Minutes for July 17, 2000

and Swallow Waterways, and 30 feet in length on the Huron Waterway. The proposed boat docking facility will accommodate 35 vessels. The extension is

also being requested so that the individual slip owners can install boatlifts. The Planning Board heard this request at their June 9, 2000 meeting and voted 5-2 to recommend approval of Petition BD-2000-12 to City Council. )

Mr. Moss read, by title only, the Resolution Relating to Petition Number BD-2000-12. Each council member made his or her ex-parte disclosure. All witnesses were sworn in by the Deputy City Clerk.

Representing the petitioner, Mr. Jerry Neal reviewed for Council the petitioner’s request and responded to Council’s questions.

Mr. Jerry Parker, 954 Banyan Court, commented that the requested protrusion into the waterway is unnecessary. He suggested that the dock be constructed within the 20 foot limitation.

Mr. Jim Schiering, member of the Marco Island Planning Board, confirmed for Council that the two members who voted against the extension did so because they felt that the requested extension was excessive.

MOTION by Councilman Tucker to APPROVE RESOLUTION RELATING TO PETITION NUMBER BD-2000-12. Second by Councilman Boyce. Motion failed 4-3. (Councilman Minozzi, Councilman Pearson, Councilman Pettersen and Vice-Chair Schuler opposed.)

(E) RESOLUTION – Public Hearing – An appeal fled by Georgia Wyman, Robert Sargeant, Ben Treadwell, Anthony Jirva, Paul Bosley, Janeen Hess, Tim Kenney and Danny Tschan challenging the approval of BD-2000-08 by the Marco Island Planning Board which granted a 10-foot extension from the maximum permitted 20-foot protrusion into the waterway to allow for a 30- foot boat docking facility for property located at 854 Buttonwood Court.

(Editorial History: The proposed boat docking facility is designed to accommodate one vessel, which is 55 feet in length. The subject property is located on Chestnut Waterway. The waterway is approximately 150 feet wide at this site. The proposed boat docking facility will protrude 30 feet, or 20% into the waterway. The proposed boat docking facility will consist of a 5-foot wide dock parallel to the seawall with a pier extending out 30 feet into the waterway. The petitioner also proposed installing 2 mooring pile clusters 30 feet out from the seawall so that the vessel can be safely moored at the subject site.

City of Marco Island

City Council Minutes for July 17, 2000

The Planning Board heard this matter at their June 19, 2000 meeting and voted to approve Petition BD-2000-08 with specific conditions. The appellants are exercising their right to appeal the Planning Board’s decision to the City Council acting as the Board of Zoning Appeals. )

City Attorney Ken Cuyler reminded City Council that their decision in this matter will be based solely upon the testimony and evidence presented to the Planning Board, and that no additional testimony or evidence will be heard. Each council member made his or her ex-parte disclosure.

Representing the appellants, attorney Bill Morris argued that the Marco Island Planning Board’s decision in this matter was incorrect based upon the evidence presented.

Representing the property owner, Mr. Jerry Neal reviewed for City Council the information previously presented to the Planning Board. Mr. Donald Ricci, Marco Marine Construction, advised Council that the proposed dock was designed to accommodate the safe mooring of the vessel.

MOTION by Councilman Pettersen to AFFIRM THE DECISION OF THE PLANNING BOARD RELATING TO PETITION BD-2000-08. Second by Councilman Boyce. Motion carried 6-1. (Councilman Pearson opposed.)

Recess: 7:25 p.m. to 7:40 p.m. It is noted for the record that the same council members were present when the meeting reconvened.

(F) RESOLUTIONS – Resolutions Authorizing FDOT Right-of-Way Agreements.

(Editorial History: Attached for consideration are three Resolutions. These Resolutions authorize the execution of agreements with the Florida Department of Transportation in regard to the use and maintenance of rights-of-way.)

Mr. Moss read, by title only, the Resolution Requesting Florida Department of Transportation Authorization for Landscape Improvements at the Judge Jolley Bridge; the Resolution Authorizing Execution of a Florida Department of Transportation Maintenance Agreement for Mowing; and the Resolution Authorizing Execution of a Florida Department of Transportation Maintenance Agreement for Highway Sweeping.

MOTION by Councilman Pettersen to APPROVE THE THREE RESOLUTIONS WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION. Second by Councilman Pearson. Motion carried 7-0.

City of Marco Island

City Council Minutes for July 17, 2000

(G) DISCUSSION – Tabled Motions Issue.

(Editorial History: On June 19, 2000, during discussion regarding the future agenda, Councilman Boyce communicated his desire that Council reconsider two matters that had previously been before Council, but were tabled until after the September 5, 2000 referendum. These were the clarification of a motion concerning the Public Safety Department and a discussion regarding Code Enforcement Officers. City Council Rules of Procedure do provide that a council member may request that a subject matter be placed on a future agenda. However, the rules also provide that, “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.”)

MOTION by Councilman Tucker to SUSPEND CITY COUNCIL RULES OF PROCEDURE TO ALLOW CONSIDERATION OF THIS AGENDA ITEM. Second by Councilman Minozzi. Motion carried 5-2. (Councilman Minozzi and Councilman Pettersen opposed.)

MOTION by Councilman Boyce to REMOVE FROM THE TABLE: 1) THE DISCUSSION TO CLARIFY THE MOTION CONCERNING THE PUBLIC SAFETY DEPARTMENT, AND 2) THE DISCUSSION REGARDING CODE ENFORCEMENT OFFICERS, AND SCHEDULE THESE ITEMS ON THE AUGUST 7, 2000 CITY COUNCIL AGENDA. Second by Vice-Chair Schuler. Motion carried 5-2. (Councilman Minozzi and Councilman Pettersen opposed.)

(H) DISCUSSION – Public Information Regarding the Referendum on Police Services.

(Editorial History: At the request of Chairman Cowin, an agenda item regarding “Sheriff’s Department Costs” was scheduled for the meeting of June 19, 2000. Distributed to City Council was a May 8, 2000 letter prepared by Sheriff Don Hunter, and a June 14th memorandum prepared by Chairman Cowin to City Council. The Chairman’s memorandum advised City Council that the Supervisor of Elections will be mailing absentee ballots for the September referendum on or about August 7, 2000. He suggested any informational mailing from the City Council should be distributed to the voters around August 1st.)

Council members offered their opinions on the format and content of informational materials presented by the City Manager, Chairman Cowin, Councilman Minozzi and Councilman Pettersen.

City of Marco Island

City Council Minutes for July 17, 2000

MOTION by Councilman Tucker to REJECT THE CITY MANAGER’S VERSION OF “REFERENDUM INFORMATION.” Second by Vice-Chair Schuler. Motion carried 5-2. (Councilman Minozzi and Councilman Pettersen opposed.)

MOTION by Councilman Minozzi to ACCEPT COUNCILMAN MINOZZI’S FORMAT OF “REFERENDUM INFORMATION,” WITH THE STIPULATION THAT CHANGES TO THE CONTENT CAN BE MADE BY CITY COUNCIL. Second by Councilman Pettersen. Motion failed 4-3. (Councilman Boyce, Chairman Cowin, Councilman Pearson and Vice-Chair Schuler opposed.)

MOTION by Councilman Pettersen to ACCEPT COUNCILMAN PETTERSEN’S FORMAT OF “REFERENDUM INFORMATION,” WITH THE STIPULATION THAT CHANGES TO THE CONTENT CAN BE MADE BY CITY COUNCIL. Second by Councilman Minozzi. Motion carried 6-1. (Councilman Pearson opposed.)

MOTION by Vice-Chair Schuler to ACCEPT CHAIRMAN COWIN’S FORMAT OF “REFERENDUM INFORMATION,” WITH THE STIPULATION THAT CHANGES TO THE CONTENT CAN BE MADE BY CITY COUNCIL. Second by Councilman Pearson. Motion carried 4-3. (Councilman Minozzi, Councilman Pettersen, and Councilman Tucker opposed.)

MOTION by Councilman Tucker to ACCEPT COUNCILMAN PETTERSEN’S FORMAT OF “REFERENDUM INFORMATION” AS THE ONLY VERSION TO BE CONSIDERED BY CITY COUNCIL, WITH THE STIPULATION THAT CHANGES TO THE CONTENT CAN BE MADE BY CITY COUNCIL. Second by Councilman Minozzi. Motion carried 4-3. (Chairman Cowin, Councilman Pearson and Vice-Chair Schuler opposed.)

Following the acceptance of the format of Councilman Pettersen’s version of the “referendum information,” City Council considered changes which will be incorporated into the final draft.

MOTION by Councilman Tucker to MODIFY THE “REFERENDUM INFORMATION” TO STATE: “THE STAFFING OF THE MARCO ISLAND POLICE DEPARTMENT PROVIDES FOR 22 OFFICERS.” Second by Vice-Chair Schuler. Motion carried 7-0.

City of Marco Island

City Council Minutes for July 17, 2000

MOTION by Councilman Tucker to MODIFY THE “REFERENDUM INFORMATION” TO STATE: “THE PROJECTED COSTS FOR THIS SERVICE NEXT YEAR IS APPROXIMATELY $2 MILLION.” Second by Vice-Chair Schuler. Motion carried 5-2. (Councilman Minozzi and Councilman Pettersen opposed.)

MOTION by Councilman Pettersen to MODIFY THE “REFERENDUM INFORMATION” TO STATE: “THE SHERIFF WILL, IF REQUESTED BY THE CITY, PROVIDE ADDITIONAL DEPUTIES TO MARCO ISLAND THROUGH A CONTRACT IN ORDER TO OFFER AN ENHANCED LEVEL OF SERVICE. THE ADDITIONAL PAYMENT WILL BE APPROXIMATELY $400,000 TO PROVIDE ONE ADDITIONAL DEPUTY PER SHIFT, AROUND-THE-CLOCK.” Second by Councilman Tucker. Motion carried 7-0.

MOTION by Councilman Tucker to MODIFY THE “REFERENDUM INFORMATION” TO STATE: “…TO FUND OTHER CITY NEEDS AS DETERMINED BY CITY COUNCIL” Second by Vice-Chair Schuler. Motion carried 7-0.

MOTION by Councilman Tucker to APPROVE THE “REFERENDUM INFORMATION,” AS AMENDED, AND INCLUDE EACH COUNCIL MEMBER IN THE CLOSING. Second by Councilman Minozzi. Motion carried 7-0.

MOTION by Councilman Tucker to PUBLISH THE “REFERENDUM INFORMATION” TWICE IN THE MARCO ISLAND EAGLE AND TWICE IN THE MARCO DAILY NEWS; NOT MAIL IT, AND POST IT ON THE CITY WEBSITE. Second by Councilman Pettersen. Motion withdrawn following discussion.

MOTION by Councilman Tucker to AUTHORIZE THE CITY MANAGER TO MAIL THE “REFERENDUM INFORMATION” TO ALL VOTERS PRIOR TO MAIL OUT OF THE ABSENTEE BALLOTS, AND PUBLISH IT ONCE IN EACH NEWSPAPER PRIOR TO THE MAIL OUT OF THE ABSENTEE BALLOTS. Second by Vice-Chair Schuler. Motion carried 7-0. (Ed. Note: Council concurred that the deadline for mailing the “referendum information” is August 1, 2000.)

(I) DISCUSSION – FY2001 Proposed Budget – Adoption of Proposed FY2000-2001 Millage Rate, Announce Roll Back Rate, and Set Date of Public Hearing for Tentative Budget.

City of Marco Island

City Council Minutes for July 17, 2000

(Editorial History: The City of Marco Island is required to follow the timetable as established within the Truth In Millage (TRIM) statutes. Within 35 days (by August 2nd) of receipt of its taxable value, City Council is required to advise the Property Appraiser of:

1. The proposed millage rate;

2. The current year roll-back millage rate;

3. And the date, time, and place of the first Tentative Budget Hearing.

This information is then transmitted to the City’s residents along with the rates of all other taxing authorities, through the TRIM Notice, usually mailed in late July or early August. TRIM provides that the rate declared on the TRIM Notice may be reduced during the budget hearings (in September), but may not be increased without substantial auxiliary notice reporting.)

MOTION by Vice-Chair Schuler to ADOPT A MILLAGE RATE OF 1.5087. Second by Councilman Pearson. Discussion followed.

Some council members expressed concern about reducing the millage rate to the roll back rate. They felt that a proposed millage rate of 1.65 should be adopted at this meeting, which would allow Council additional time to consider any further reductions prior to the September budget hearings.

(Ed. Note: Motion is repeated here for clarity.)

MOTION by Vice-Chair Schuler to ADOPT A MILLAGE RATE OF 1.5087. Second by Councilman Pearson. Motion carried 4-3. (Councilman Minozzi, Councilman Pettersen and Councilman Tucker opposed.)

City Manager Moss announced that the approved millage rate is 1.5087; that the roll-back rate is 1.5087; and that the first tentative budget hearing is scheduled for Monday, September 11, 2000, at 6:00 p.m. at Frank E. Mackle, Jr. Community Park, 1361 Andalusia Terrace, Marco Island, Florida.

COUNCIL COMMUNICATIONS AND DISCUSSION

Councilman Minozzi requested that an item regarding a resolution urging the Board of County Commissioners to reenact the Unincorporated MSTU be added to the agenda. This item will appear on the August 7, 2000 agenda.

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City Council Minutes for July 17, 2000

Chairman Cowin requested that an item regarding Council’s “Rules of Procedure, specifically sections 10(G), 1(E) and 2(C), be added to the agenda. This item will appear on the August 7, 2000 agenda.

Chairman Cowin requested that an item regarding the vacant lot adjacent to the Racquet Club be added to the agenda. This item will appear on the August 7, 2000 agenda.

Vice-Chair Schuler requested that an item regarding the City’s purchasing policies be added to the agenda. This item will appear on the August 7, 2000 agenda.

Mr. Herb Savage, spoke against the over-protection of manatees and other wildlife.

Mr. Charlie Huttinger, spoke against the designation of the beach as a habitat for the Piping Plover.

Ms. Vicki Kelbert, Kendall Drive, asked how Council determines when to allow public comment and questioned Council’s acceptance of Collier County’s taxation methods regarding the funding of the Sheriff’s Department.

Mr. Pat Reece, Edgewater Court, asked Chairman Cowin which individuals received an advance copy of his correspondence concerning the “referendum information.”

Mr. Bill Merrick, 1049 Bonita Court, commended Council on choosing a brief letter on the referendum, but expressed concern that the short communication may not incorporate enough information on the pros and cons of the issue.

Ms. Barbara Day, 1864 Honduras, spoke in favor of pro-active law enforcement and praised police intervention into the drug problem at Mackle Park.

Mr. Sal Sciarrino, 911 Montego Court, commented on the millions of dollars having left the Island in the past and the need to address the resulting deficiencies.

Mr. Mark Huffor, a City employee, expressed dissatisfaction with City Council and stated he felt City employees are being abused.

Fay Biles, 1588 Heights Court, commented on the cost of Naples Police Department and compared the staff listings of other cities in the Southwest Florida Regional Planning Council 2000 Directory.

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City Council Minutes for July 17, 2000

Mr. Robert Dwyer, 1441 Honduras, expressed support for the “referendum information” prepared by Councilman Minozzi.

Mr. Art Segal, expressed concern that statements regarding the budget are incorrect; that the public was not allowed to speak prior to the vote; and that the “referendum information” being mailed is too short.

There being no further business to come before City Council, the meeting adjourned at 9:25 p.m.

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Harry Cowin, Council Chairman

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A. William Moss, City Manager/City Clerk

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Laura Litzan, Deputy City Clerk

Date: _______________________