THE CITY OF MARCO ISLAND
MINUTES
City Council Meeting November 5, 2001 6:00 p.m.
Chairman Tucker called the meeting to order and presided.
ROLL CALL
All Present
Also Present: A. William Moss, City Manager
Ken Cuyler, City Attorney
Greg Niles, Community Development Director
Ladd Ryziw, Public Works Director
Laura Litzan, Deputy City Clerk
Roger Reinke, Police Chief
Mike Murphy, Fire Chief
Lisa Absher, Finance Director
Other staff members and interested citizens and visitors
INVOCATION AND PLEDGE OF ALLEGIANCE
By: K. Greg Niles Community Development Director.
APPROVAL OF AGENDA
MOTION by Vice-Chair Minozzi to APPROVE THE AGENDA. Second by Councilman Boyce. Motion carried 6-0.
APPROVAL OF MINUTES
(A) Council Minutes for October 15, 2001 (Regular Meeting)
MOTION by Councilman Pettersen to APPROVE THE MINUTES FOR OCTOBER 15, 2001. Second by Vice-Chair Minozzi. Motion carried 6-0.
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PRESENTATIONS
(A) Monthly Report Finance Director Lisa Absher.
Finance Director Lisa Absher reported to Council on the Sewer Utility Billing Operations and responded to Council questions.
(B) Employee Longevity Service Awards.
On behalf of City Council, Mr. Moss presented Employee Longevity Service Awards to Firefighter Tom Bogan, 10 years, Division Chief Scott Schultz, 20 years, Captain Dean Heasley, 20 years and Captain Timothy Braden, 20 years.
BUSINESS
(A) ORDINANCE Second Reading & Public Hearing Noise Control Ordinance.
(Editorial History: On August 6, 2001 City Council reviewed and discussed a proposed noise control ordinance. The ordinance was considered and adopted on first reading on August 20, 2001. On September 5th the ordinance was considered on second reading and failed to achieve the required majority vote. On September 17th, Councilman Pettersen requested, and Council agreed, to reconsider the ordinance.)
Mr. Moss read, by title only, the Ordinance to Establish City of Marco Island Noise Control.
PUBLIC COMMENT
Mr. Herb Savage, 651 S. Collier Boulevard, spoke in favor of adopting ordinances that do not restrict personal freedoms.
Mr. Joseph Oliverio, 287 Meadowlark Court, questioned how the noise levels were established.
Mr. Edward Fulmer, 130 Greenbriar Street, and
Mr. Robert Furiello, Winterberry Drive, spoke against the ordinance.
MOTION by Vice-Chair Minozzi to ADOPT ON SECOND READING THE ORDINANCE TO ESTABLISH CITY OF MARCO ISLAND NOISE CONTROL. Second by Councilman Boyce. Discussion on the motion followed
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MOTION by Councilman Pettersen to AMEND THE MOTION TO INCLUDE THE DELETED SECTION 5(14). Motion failed for a lack of a second.
MOTION by Vice-Chair Minozzi to ADOPT ON SECOND READING THE ORDINANCE TO ESTABLISH CITY OF MARCO ISLAND NOISE CONTROL. Second by Councilman Boyce. Motion carried 5-1. (Chairman Tucker opposed.)
(B) ORDINANCE Second Reading & Public Hearing An Ordinance to Establish New Standards, Regulations and Fees for Malfunctioning Fire Alarm Detection and Suppression Systems.
(Editorial History: On October 15, 2001 City Council adopted on first reading the ordinance amending the fees charged for malfunctioning fire alarm detection and suppression systems. Section 22-36 City of Marco Island Code of Ordinances establishes fees for response to malfunctioning fire alarm detection and suppression systems. Currently Section 22-36 (b), (1), (2), (c), does not provide for appropriate remedies on the part of the owner in order to repair timely or prevent malfunctioning alarm, detection and suppression systems. Also the terminology contained within Section 22-36 referencing Public Safety and the Fire District need to be changed to reference City and Fire-Rescue Department. Under Section 22-36 (a), the City may change, delete or add to the listed fees.)
Mr. Moss read, by title only, the Ordinance to Establish New Standards, Regulations and Fees for Malfunctioning Fire Alarm Detection and Suppression Systems. There were no public speakers.
MOTION by Chairman Tucker to ADOPT ON SECOND READING THE ORDINANCE TO ESTABLISH NEW STANDARDS, REGULATIONS AND FEES FOR MALFUNCTIONING FIRE ALARM DETECTION AND SUPPRESSION SYSTEMS AMENDED TO INCLUDE CLARIFICATION LANGUAGES. Second by Councilman Pettersen. Motion carried 6-0.
(C) ORDINANCE Second Reading & Public Hearing An Ordinance to Establish New Site Development / Site Improvement Plans.
(Editorial History: On October 15, 2001 City Council discussed and adopted on first reading the ordinance establishing new Site Development Plan/Site Improvement Plan regulations.)
Mr. Moss read, by title only, the Ordinance to Establish New Site Development / Site Improvement Plan. There were no public speakers.
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MOTION by Councilman Pettersen to ADOPT ON SECOND READING THE ORDINANCE TO ESTABLISH NEW SITE DEVELOPMENT / SITE IMPROVEMENT PLANS. Second by Councilman Boyce. Motion and second withdrawn following discussion.
Chairman Tucker expressed concern that the revisions proposed constitute a significant change and therefore requested a continuance for agenda item 6(C) to give the City Attorney an opportunity to review the changes.
MOTION by Chairman Tucker to CONTINUE AGENDA ITEM 6(C) TO THE MEETING SCHEDULED FOR DECEMBER 3, 2001. Second by Vice-Chair Minozzi. Motion carried 6-0.
(D) ORDINANCE Second Reading & Public Hearing An Ordinance to Establish New Residential Multiple-Family 6 (RMF-6) District Standards.
(Editorial History: On October 15, 2001 City Council discussed and adopted on first reading an ordinance to establish new Residential Multifamily 6 (RMF-6) zoning district standards and regulations. City Council adopted the ordinance as presented, with no further changes requested.)
Mr. Moss read, by title only, the Ordinance to Establish New Residential Multiple-Family 6 (RMF-6) District Standards. There were no public speakers.
MOTION by Councilman Pettersen to ADOPT ON SECOND READING THE ORDINANCE TO ESTABLISH NEW RESIDENTIAL MULTIPLE FAMILY 6 (RMF-6) DISTRICT STANDARDS. Second by Councilman Boyce. Motion carried 6-0.
(E) ORDINANCE Second Reading & Public Hearing An Ordinance to Establish Endangered, Threatened or Listed Species Protection.
(Editorial History: On October 15, 2001 City Council discussed and adopted on first reading the ordinance to establish new Endangered, Threatened or Listed Species protective provisions. City Council voted to adopt the ordinance on first reading as presented, with no further changes requested.)
Mr. Moss read, by title only, the Ordinance to Establish Endangered, Threatened or Listed Species Protection.
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PUBLIC COMMENT
Ms. Norie Horton, representing the Conservancy of South West Florida, read a letter in support of the ordinance.
Mr. Herb Savage, 651 S. Collier Boulevard, spoke against the environmental groups making policy.
Mr. Sal Sciarrino, 911 Montego Court, spoke against the ordinance.
MOTION by Councilman Pettersen to ADOPT ON SECOND READING THE ORDINANCE TO ESTABLISH ENDANGERED, THREATENED OR LISTED SPECIES PROTECTION. Second by Vice-Chair Minozzi. Motion carried 5-1. (Chairman Tucker opposed.)
(F) ORDINANCE Second Reading & Public Hearing An Ordinance to Establish Sea Turtle Protection.
(Editorial History: On October 15, 2001 City Council discussed and adopted on first reading an ordinance to establish new Sea Turtle Protection regulations. City Council adopted the ordinance as presented, with no further changes requested. The ordinance has been amended to make clear that “existing structures” are those permitted prior to implementation of the Collier County Sea Turtle Protection Ordinance on January 1, 1994.)
Mr. Moss read, by title only, the Ordinance to Establish Sea Turtle Protection. There were no public speakers.
MOTION by Vice-Chair Minozzi to ADOPT ON SECOND READING THE ORDINANCE TO ESTABLISH SEA TURTLE PROTECITON. Second by Councilman Pettersen. Motion carried 5-1. (Chairman Tucker opposed.)
(G) DISCUSSION / FIRST READING - An Ordinance to Establish New Administration Construction Code Local Amendments to Chapter 1, Florida Building Code.
(Editorial History: January 1, 2002 is the effective date for the new Florida Building Code. This statewide building code will replace the current Standard Building Codes that comprise the body of codes that regulate construction activity on Marco Island. This ordinance will replace the current Administrative
Construction Code (Ordinance 98-17).
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Mr. Moss read, by title only, the Ordinance to Establish Administration Construction Code Local Amendments to Chapter 1, Florida Building Code. There were no public speakers.
MOTION by Chairman Tucker to ADOPT ON FIRST READING THE ORDINANCE TO ESTABLISH A NEW ADMINISTRATION CONSTRUCTION CODE LOCAL AMENDMENTS TO CHAPTER 1, FLORIDA BUILDING CODE. Second by Councilman Boyce. Motion carried 6-0.
(H) RESOLUTION A Resolution Authorizing the Joint Project Agreement with Florida Department of Transportation North Collier Boulevard Roadway Project.
(Editorial History: The FY2002 Capital Improvement Program adopted by City Council allocated $250,000 for the preliminary design work for the North Collier Boulevard improvements (San Marco Road to Jolley Bridge). The Florida Department of Transportation has agreed to provide funding to the City for the preliminary design effort in the amount of $300,000. These funds will be reimbursed to the City at the conclusion of the design work.)
Mr. Moss read, by title only, the Resolution Authorizing the Joint Project Agreement with Florida Department of Transportation North Collier Boulevard Roadway Project. There were no public speakers.
MOTION by Councilman Boyce to APPROVE THE RESOLUTION AUTHORIZING THE JOINT PROJECT AGREEMENT WITH FLORIDA DEPARTMENT OF TRANSPORTATION FOR NORTH COLLIER BOULEVARD ROADWAY PROJECT. Second by Councilman Pettersen. Motion carried 6-0.
Recess: 7:17 p.m. to 7:30 p.m. It is noted for the record that the same council members were present when the meeting reconvened.
(I) DISCUSSION - FIRST READING - Alcohol Beverage Regulations Ordinance
(Editorial History: On August 6, 2001 City Council discussed the need to establish alcoholic beverage regulations, including the hours during which sales, consumption, and service are prohibited. City Council was advised that Florida Statutes prohibit the sale of alcoholic beverages between the hours of 12:00 midnight and 7:00 a.m. unless otherwise designated by a county or a municipality.)
Mr. Moss read, by title only, the Ordinance to Establish Alcoholic Beverage Regulations.
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PUBLIC COMMENT
Speaking against the ordinance:
Mr. Tom Blodgett, owner of Kahuna Restaurant;
Mr. Bruce Bell, part owner of Rookies Bar & Grill;
Mr. Pat Neale, 950 N. Collier Boulevard;
Mr. Jim Karl, owner of the Bombay Club and Reflections;
Mr. Herb Savage, 651 Collier Boulevard;
Mr. Phil Castelnick, Channel Court;
Mr. Edward Fulmer, 130 Greenbriar Street.
Speaking in favor of the ordinance:
Mr. Richard Schoen, 1815 Woodbine Court.
MOTION by Vice-Chair Minozzi to ADOPT ON FIRST READING THE ORDINANCE TO ESTABLISH ALCOHOLIC BEVERAGE REGULATIONS. Second by Councilman Cowin. Motion failed 3-3. (Chairman Tucker, Councilman Boyce and Councilman Bruner opposed.)
MOTION by Councilman Bruner to TABLE THE ORDINANCE. Second by Councilman Boyce. Second withdrawn following discussion.
MOTION by Councilman Pettersen to BRING THE ORDINANCE BACK FOR SECOND READING TO ESTABLISH ALCOHOLIC BEVERAGE REGULATIONS. Second by Councilman Bruner. Motion carried 5-1. (Chairman Tucker opposed.)
PUBLIC COMMENT
Those speaking against the motion to bring back the ordinance for a second reading:
Mr. Tom Blodgett, owner of Kahuna Restaurant;
Mr. Jim Karl, owner of the Bombay Club and Reflections;
Mr. Edward Fulmer, 130 Greenbriar Street;
Mr. Herb Savage, 651 N. Collier Boulevard;
Mr. Bruce Bell, part owner of Rookies Bar & Grill.
(J) Item removed from the agenda.
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(K) DISCUSSION Award of Contract for Roadway Beautification and Grounds Maintenance.
(Editorial History: The Public Works Department is responsible for on-going maintenance and replanting of landscape improvements along City roadways and bridges. Beginning in fiscal year 2002, maintenance activities will be expanded to care for an additional inventory of roadside landscape improvements recently completed at the intersections of South Collier Boulevard/Winterberry Drive and San Marco Road/Barfield Drive.)
MOTION by Chairman Tucker to AWARD THE CONTRACT TO COMMERCIAL LAND MAINTENANCE, INC. FOR ROADWAY BEAUTIFICATION AND GROUND MAINTENANCE. Second by Councilman Boyce. Motion carried 6-0.
(L) DISCUSSION Renewal of YMCA Recreation Contract.
(Editorial History: For the past three years the Marco Island YMCA, Inc. (YMCA) has provided the City with professional program and operational services for three public park facilities. In consideration of current day service needs by the City coupled with increased contract costs due to salary adjustments and related market conditions, the Public Works Department has renegotiated and rewritten the original YMCA agreement. Thus the recommended total budget to support the YMCA contract fee is $269,600.00.)
At the request of the City Manager, Council agreed to defer renewal of the YMCA contract until the December 13, 2001 meeting and extend the current contract until further action.
(M) DISCUSSION Acceptance of COPS Grant.
(Editorial History: In March, 2001 the Police Department submitted an application for a federal grant to the U.S. Department of Justice Office of Community Oriented Policing Services (COPS). The grant requested funding for a mobile computer data communications system. This system will allow mobile computers located in our police patrol vehicles, to communicate via a radio frequency. The total estimated cost of the project is $247,213. Per grant guidelines 75% ($185,410) of the total project cost was requested. Also per grant guidelines a 25% non-federal monetary match of $61,803 was
required.)
MOTION by Councilman Boyce to DIRECT THE CITY MANAGER TO ACCEPT THE COPS GRANT, SUBJECT TO MODIFICATION OF THE GRANT AND SUBSEQUENT APPROVAL BY CITY COUNCIL PRIOR TO THE EXPENDITURE OF ANY FUNDS. Second by Councilman Bruner. Motion carried 6-0.
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(N) DISCUSSION City Council 2002 Schedule.
(Editorial History: City Council was provided a proposed schedule of the 2002 meetings. When the first or third Monday falls on a federal holiday, the meeting is scheduled for the following Tuesday.)
MOTION by Chairman Tucker to APPROVE THE CITY COUNCIL 2002 AGENDA, AMENDED TO ELIMINATE THE SECOND MEETING IN NOVEMBER. Second by Councilman Boyce. Motion carried 6-0.
COUNCIL COMMUNICATIONS AND DISCUSSION
Chairman Tucker complimented Staff and the Planning Board for bringing forward 31 proposed revisions for Land Development Ordinances.
FUTURE AGENDA
None
PUBLIC COMMENT (ITEMS NOT ON THE AGENDA)
Ms. Teri Discuillo, 110 South Seas Court, expressed concern that Mackle Park offers few if any activities for children.
Mr. Jim Curran, 590 Club Marco Circle, spoke in support of Councilman Minozzi s efforts to reduce duplicate charges from Collier County for Sheriff s road patrols.
Mr. Richard Schoen, 1815 Woodbine Court, spoke against the behavior of the audience during previous agenda items.
Mr. Paul Brush, Seagrape Drive, expressed support for considering capitol projects outside the spending cap.
Mr. Robert Dyer, 1841 Honduras, expressed concern about the lawsuit brought by the Royal Seafarer and the issue of the spending cap.
ADJOURN
There being no further business to come before City Council the meeting adjourned at 8:55 p.m.
(signature page to follow)
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___________________________
E. Glenn Tucker, Council Chairman
Date________________________
ATTEST:
____________________________
A. William Moss, City Manager/City Clerk
Date________________________
PREPARED BY:
____________________________
Liz Carr, Council Secretary
Date: _______________________
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