City of Marco Island - Regular Meeting

THE CITY OF MARCO ISLAND

City Council Meeting – June 19, 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

Greg Niles, Community Development Director

Vladimir Ryziw, Public Works Director

Kelly Smith, Zoning Administrator

Laura Litzan, Deputy City Clerk

Other staff members and interested citizens and visitors

INVOCATION AND PLEDGE OF ALLEGIANCE

By: Mr. Greg Niles – Community Development Director

APPROVAL OF AGENDA

MOTION by Councilman Minozzi to MOVE AGENDA ITEM 5(B) TO FOLLOW AGENDA ITEM 5(C). Second by Councilman Pettersen. Motion carried 7-0.

MOTION by Chairman Cowin to MOVE AGENDA ITEM 5(L) TO FOLLOW THE RECESS. Second by Councilman Pearson. Motion carried 7-0.

MOTION by Vice-Chair Schuler to APPROVE THE AGENDA, AS AMENDED. Second by tacit approval. Motion carried 7-0.

Council Minutes for June 5, 2000 (Regular Meeting.)

MOTION by Vice-Chair Schuler to APPROVE THE MINUTES FOR JUNE 5, 2000. Second by Councilman Pearson. Motion carried 7-0.

City of Marco Island

City Council Minutes for June 19, 2000

(A) ORDINANCE – Second Reading & Public Hearing – An Ordinance Rescinding Ordinance 99-18, An Ordinance Providing for Lobbyist Registration Procedures.

(Editorial History: On September 7, 1999, City Council adopted Ordinance No. 99-18, an Ordinance Providing for the Establishment of Lobbyist Registration Procedures. On May 15, 2000, City Council agreed that the ordinance is not necessary and directed the preparation of an ordinance to repeal the provisions. City Council adopted this ordinance on first reading at the Council meeting held on June 5, 2000.)

Mr. Moss read, by title only, the Ordinance to Repeal Ordinance No. 99-18, which Provided for the Establishment of Lobbyist Registration Procedures. There were no public speakers.

MOTION by Councilman Pettersen to ADOPT ON SECOND READING THE ORDINANCE TO REPEAL ORDINANCE NO. 99-18 – LOBBYIST REGISTRATION ORDINANCE. Second by Chairman Cowin. Motion carried 7-0.

(C) ORDINANCE – First Reading – An Ordinance to Approve an Amendment to the City Charter Deleting Council Member Election by Seat.

(Editorial History: City Council discussed the existing provision that provides for election to Council by seat number. Council agreed and directed staff to prepare a second ballot question to give the electorate the opportunity to decide whether they prefer election of council members by seat, or whether they prefer election by the plurality, at-large method. To accommodate the second question for referendum, the City Attorney and City Manager recommend adoption of a separate ordinance. )

Mr. Moss read, by title only, the Ordinance to Approve an Amendment to the City Charter Deleting Council Member Election by Seat. There were no public speakers.

MOTION by Councilman Minozzi to ADOPT ON FIRST READING THE ORDINANCE TO APPROVE AN AMENDMENT TO THE CITY CHARTER DELETING COUNCIL MEMBER ELECTION BY SEAT. Motion failed 4-3. (Councilman Boyce, Chairman Cowin, Councilman Pearson and Vice-Chair Schuler opposed.)

City of Marco Island

City Council Minutes for June 19, 2000

(B) ORDINANCE – Second Reading & Public Hearing – An Ordinance to Approve Amendments to the City Charter and to Provide for a Referendum on November 7, 2000.

(Editorial History: The Marco Island electorate adopted the City Charter on August 28, 1997. Following the election of the first City Council, a Charter Review Advisory Committee and City Council developed amendments to the

City Charter and submitted the amendments to a referendum election on March 14, 2000. The electorate did not approve the Charter amendments.

City Council met in a workshop session on May 23, 2000, to redraft the proposed Charter with the intent of submitting the proposed Charter amendments to the electorate for the general election of November 7, 2000. City Council adopted the first reading an amended version of the ordinance at the Council meeting held on June 5, 2000.)

Mr. Moss read, by title only, the Ordinance to Approve Amendments to the Existing Marco Island City Charter. There were no public speakers.

MOTION by Vice-Chair Schuler to ADOPT ON SECOND READING THE ORDINANCE TO APPROVE AMENDMENTS TO THE EXISTING MARCO ISLAND CITY CHARTER AND TO PROVIDE FOR A REFERENDUM ON NOVEMBER 7, 2000. Second by Councilman Pearson. Motion carried 5-2. (Councilman Minozzi and Councilman Pettersen opposed.)

(D) ORDINANCE – First Reading – An Ordinance to Adopt the Comprehensive Plan – Transmittal of Plan for DCA Review.

(Editorial History: The State of Florida requires all new municipalities to develop and adopt a Comprehensive Plan within three years of incorporation. Over the past two years the Marco Island Planning Board, acting as the Local Planning Agency (LPA), has been working toward the development of a plan that meets minimum state requirements. On Thursday, June 8, 2000 the Planning Board held a public hearing and voted unanimously to approve the comprehensive plan, and to forward the plan to City Council with a recommendation for approval.)

Mr. Moss read, by title only, the Ordinance Adopting the Marco Island Comprehensive Plan.

Community Development Director Greg Niles introduced the City’s comprehensive plan consultant, Mr. Henry Iler, and provided Council with a brief overview of elements of the comprehensive plan. There were no public speakers.

City of Marco Island

City Council Minutes for June 19, 2000

MOTION by Councilman Minozzi to ADOPT ON FIRST READING THE ORDINANCE ADOPTING THE MARCO ISLAND COMPREHENSIVE PLAN. Second by Councilman Pettersen. Motion withdrawn following discussion.

Councilman Tucker expressed concern that the Comprehensive Plan presented does not comply with Council’s earlier direction to staff to prepare a plan that satisfies the State’s minimal requirements. He feels that an additional review of the plan by City Council is warranted and suggested that Council hold a workshop regarding this matter as soon as possible.

MOTION by Councilman Tucker to HOLD A COMPREHENSIVE PLAN WORKSHOP ON JUNE 29, 2000 AT 3:30 P.M., AND CONTINUE THE FIRST READING OF THE ORDINANCE ADOPTING THE MARCO ISLAND COMPREHENSIVE PLAN TO A SPECIAL-CALLED MEETING ON JUNE 29, 2000 AT 6:00 P.M. Second by Councilman Boyce. Motion carried 7-0.

(E) ORDINANCE – First Reading – 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.)

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 FIRST READING THE ORDINANCE TO AMEND THE FIREFIGHTERS’ PENSION PLAN. Second by Councilman Boyce. Motion carried 7-0.

(F) RESOLUTION – Public Hearing – Final Resolution District II Sidewalk Improvements.

(Editorial History: On May 2, 2000, City Council adopted Resolution No. 00-24, a resolution to create the assessment area for the District II Sidewalk Improvement Program. Notices were mailed to the 101 property owners within the district as indicated by the tax rolls maintained by the property appraiser. Notices were also published in the newspaper. Property owners were informed of the June 19, 2000, public hearing for the purpose of receiving comments on the final assessment resolution for the District II Sidewalk Improvement Program.)

City of Marco Island

City Council Minutes for June 19, 2000

Mr. Moss read, by title only, the Resolution Relating to the Construction and Funding of District II Sidewalk Improvements.

Mr. Sal Sciarrino, 911 Montego Court, expressed concern about the cost of sidewalks being evenly distributed.

Mr. Edward Folmer, Vice-President of the Goodland Civic Association, expressed concern about the lack of walkways and bike paths on S.R. 92. He requested that funds be allocated to rectify this situation.

Mr. Clayton Watson, Pastor of the Marco Church of God, expressed concern that the special assessment is inequitable to taxpayers. He feels that the City should finance the entire project.

Ms. Connie Folmer advised Council that the County has been helpful in addressing the issue of walkways and bike paths to Goodland. She feels this a safety matter.

MOTION by Vice-Chair Schuler to ADOPT THE FINAL ASSESSMENT RESOLUTION FOR DISTRICT II SIDEWALK IMPROVEMENTS. Second by Councilman Boyce. Motion carried 7-0.

Recess: 7:31 p.m. to 7:50 p.m. It is noted for the record that the same council members were present when the meeting reconvened.

(L) DISCUSSION – Sheriff’s Department Costs for the September Referendum.

(Editorial History: During the City Council meeting of June 5, 2000, City Council agreed to schedule for discussion the subject of the Sheriff’s Department costs.)

Chairman Cowin, citing the need to provide the voters with an informational mailing regarding the cost of maintaining a City police department versus the cost of returning to Sheriff’s services, recommended that Council accept the figures supplied by Sheriff Don Hunter. Discussion followed.

Some council members felt that the discussion on this matter should be postponed until after the City Manager provides Council with a memorandum on the subject, including the expected costs resulting from the elimination of the department.

City of Marco Island

City Council Minutes for June 19, 2000

Sheriff Don Hunter responded to Council’s questions regarding the cost information contained in his correspondence to City Council dated May 8, 2000. (Ed. Note: A copy of this document is contained in the file for this meeting.)

Mr. Charles Slagle, 805 Caribbean Court, and Mr. Bob Butler, 921 S. Collier Boulevard, expressed dissatisfaction with the lack of neutrality by some members of Council.

Ms. Marilyn Chohaski, South Seas East, requested that information be provided regarding the costs of eliminating the police department.

No further action was taken by Council on this matter.

(G) RESOLUTION – Public Hearing – An appeal filed by Joseph and Pamela Marro challenging the approval of BD-2000-14 by the Marco Island Planning Board which granted a 19 foot extension from the maximum permitted 20 foot protrusion into the waterway to allow for a 39 foot boat docking facility for property located at 941 Embassy Court.

(Editorial History: The Planning Board heard this matter at their May 5, 2000 meeting and voted 5-1 to approve petition BD-2000-04. Mr. & Mrs. Marro 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 explained to Council that due to his recent affiliation with the law firm representing John and Jean Hofman, (Goodlette, Coleman & Johnson) he has a conflict of interest in this matter. Therefore, Mr. Robert Pritt of the law firm Roetzel & Andress will represent the City in his place.

Attorney Pritt 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 heard. Each council member made his or her ex-parte disclosure.

Both parties in the matter were represented by legal counsel and given 10 minutes to present their arguments to City Council. Mr. and Mrs. Hofman were represented by Mr. Rich Jovanovich of the firm Goodlette, Coleman & Johnson; Mr. and Mrs. Marro were represented by Mr. Anthony Pires of the law firm Woodward, Pires and Lombardo.

Council discussion followed oral argument. Council members expressed their opinions on whether there was competent, substantial evidence for the Planning Board’s decision.

City of Marco Island

City Council Minutes for June 19, 2000

MOTION by Councilman Pettersen to REVERSE AND SET ASIDE THE PLANNING BOARD DECISION. Second by Vice-Chair Schuler. Motion and second withdrawn following discussion.

Following a lengthy discussion on proper wording, MOTION by Councilman Pettersen to AFFIRM THE PLANNING BOARD’S DECISION, HOWEVER, WITH THE CONDITIONS THAT ARE IMPOSED IN THE STAFF RECOMMENDATIONS ON PAGES 3, 4, AND THE SKETCH ON PAGE 6 OF THE RECORD. Second by Vice-Chair Schuler. Motion carried 6-1. (Councilman Tucker opposed.)

(H) DISCUSSION – Acquisition of the Lot at the Corner of S. Heathwood Drive and San Marco Road.

(Editorial History: Consistent with direction received from the City Council on March 30, 2000, staff has concluded formal negotiations with property owners Adarsha and Nada Kumar to purchase a lot adjacent to the Marco Island Racquet Club. The City’s purchase offer of $31,500 has been accepted in writing by the property owner, subject to City Council approval.)

Mr. Jim Vessel advised Council that he owns the home next door to this lot. He is opposed to the development of a parking lot on this property because it will negatively impact his property.

Mr. Art Segal, Chairman of the Marco Island Civic Association’s Architectural Review Committee, advised Council that they intend to enforce the residential deed restrictions on this property.

MOTION by Councilman Tucker to REJECT STAFF’S RECOMMENDATION AND NOT PURCHASE THE LOT. Second by Vice-Chair Schuler. Motion carried 5-2. (Councilman Minozzi and Councilman Pettersen opposed.)

(I) DISCUSSION – Award of Contract for Median Landscaping Maintenance.

At the request of the City Manager, this item was deferred until the next meeting.

City of Marco Island

City Council Minutes for June 19, 2000

(J) DISCUSSION – Nomination to the Florida Municipal Insurance Trust.

(Editorial History: The Florida Municipal Insurance Trust is a pooled self-insurance program, whose membership consists of local government. The F.M.I.T. provides liability, workers’ compensation, property, and health coverage to its members. The Florida League of Cities is soliciting nominations for elections to the Board. Trustees must be elected officials from municipalities that are members of F.M.I.T. The City of Marco Island is a member.)

MOTION by Councilman Minozzi to NOMINATE COUNCILMAN BOYCE TO THE BOARD OF TRUSTEES OF THE FLORIDA MUNICIPAL INSURANCE TRUST. Motion failed for lack of a second.

MOTION by Councilman Tucker to NOMINATE COUNCILMAN PEARSON TO THE BOARD OF TRUSTEES OF THE FLORIDA MUNICIPAL INSURANCE TRUST. Second by Councilman Pearson. Motion carried 7-0.

Recess: 10:15 p.m. to 10:25 p.m. It is noted for the record that the same council members were present when the meeting reconvened.

(K) DISCUSSION – Acquisition of the Esplanade Site.

(Editorial History: On June 5, 2000, City Council was advised that Mr. Jack Antaramian, Developer of the Esplanade project on North Collier Boulevard, was offering to the City the opportunity to acquire the 9.25-acre site. City Council was advised that the Esplanade site was available to the City for sale "as is" for $8 to $9 million. City Council authorized the City Manager to discuss and negotiate the matter with Mr. Antaramian and report back to City Council at the next meeting.)

City Manager Moss provided City Council with the highlights of his report regarding the options available to Council, should Council decide to proceed with the purchase of this property.

MOTION by Chairman Cowin to AUTHORIZE THE CITY MANAGER TO COMMISSION TWO APPRAISALS; ADVERTISE A PUBLIC HEARING FOR AUGUST 7, 2000; NEGOTIATE A CONTRACT FOR SALE SUBJECT TO APROVAL BY CITY COUNCIL ON AUGUST 7, 2000. Second by Councilman Boyce. No vote taken. Council discussion and public comment followed.

City of Marco Island

City Council Minutes for June 19, 2000

Councilman Tucker advised City Council that, based on the advice of the City Attorney, he will abstain from voting on this matter, but will participate in the discussion. Council members expressed their views both for and against proceeding with the purchase of this property.

Mr. Richard Heinrick, 1123 S. Collier, spoke against purchasing the property.

Mr. Sal Sciarrino, 911 Montego Court, suggested that this matter be referred to the voters.

Mr. Bob Chohaski, South Seas East, suggested seven questions Council should answer before proceeding.

Mr. Peter Rahl, suggested that the Pier 81 project be revisited and Council consider rescinding its approval.

(Ed. Note: the following motion is restated here for clarity.)

MOTION by Chairman Cowin to AUTHORIZE THE CITY MANAGER TO COMMISSION TWO APPRAISALS; ADVERTISE A PUBLIC HEARING FOR AUGUST 7, 2000; NEGOTIATE A CONTRACT FOR SALE SUBJECT TO APROVAL BY CITY COUNCIL ON AUGUST 7, 2000. Second by Councilman Boyce. Motion failed 4-2. (Councilman Minozzi, Councilman Pearson, Councilman Pettersen and Vice-Chair Schuler opposed. Councilman Tucker abstained from voting.)

(M) DISCUSSION – Public Restroom Facilities at the County’s South Beach Parking Lot.

(Editorial History: The County owns a parking facility near the South Beach public access on South Collier Boulevard. County staff has requested a $100,000 budget appropriation to construct public restroom facilities at the parking lot site. Mr. Lynn Bradeen, President of the Marco Island Civic Association, requested that City Council support the budget proposal for the restroom facilities.)

MOTION by Councilman Boyce to AUTHORIZE THE CHAIRMAN TO WRITE TO THE BOARD OF COUNTY COMMISSIONERS EXPRESSING SUPPORT. Second by Councilman Pearson. Motion carried 7-0.

City of Marco Island

City Council Minutes for June 19, 2000

COUNCIL COMMUNICATIONS AND DISCUSSION

Vice-Chair Schuler expressed concern about a newspaper article, and a subsequent newspaper editorial, concerning Councilman Pettersen’s request for information from the Public Safety Department regarding a motorcycle accident involving an attorney on the Island. She recommends this matter be investigated by an outside party. In response, Councilman Pettersen read a prepared statement detailing his involvement.

Councilman Boyce commented that he would like to withdraw his support for dropping the agenda items regarding cross training and armed code enforcement. He would like these items reconsidered.

There being no further business to come before City Council, and no additional public comment, the meeting adjourned at 11:16 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

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