THE CITY OF MARCO ISLAND
MINUTES
City Council Meeting – June 18, 2001 – 6:00 p.m.
Chairman Tucker 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
Greg Niles, Community Development Director
Ladd Ryziw, Public Works Director
Laura Litzan, Deputy City Clerk
Roger Reinke, Police Chief
Mike Murphy, Fire Chief
Other staff members and interested citizens and visitors
INVOCATION AND PLEDGE OF ALLEGIANCE
By: Reverend Jack Hughen – First Baptist Church
APPROVAL OF AGENDA
Councilman Pettersen requested that a discussion item concerning the upcoming Charter referendum be added to the agenda.
MOTION by Chairman Tucker to APPROVE THE AGENDA AMENDED TO ADD A DISCUSSION ITEM CONCERNING THE UPCOMING CHARTER REFERENDUM. Second by Vice-Chair Minozzi. Motion carried 4-0. (Editor’s Note: This item will appear on the agenda as Item 6F.)
MINUTES
(A) Council Minutes for June 4, 2001 (Regular Meeting.)
MOTION by Councilman Pettersen to APPROVE THE MINUTES FOR JUNE 4, 2001 (REGULAR MEETING). Second by Vice-Chair Minozzi. Motion carried 4-0.
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PRESENTATIONS
(A) Employee Longevity Service Award – Raymond Ladurini, 5 years.
On behalf of City Council, Chairman Tucker also presented Firefighter Ladurini with a Proclamation for his outstanding contributions while on duty in Guatemala with the Air Force Reserves.
(B) Phoenix Awards for City Employees.
On behalf of City Council, Mr. Moss acknowledged the heroic efforts of the following City of Marco Island and Collier County personnel for an emergency rescue call:
David Batiato, Marco Island Fire Department
Tim Braden, Marco Island Fire Department
Chris Byrne, Marco Island Fire Department
Erick Gonzalez, Marco Island Fire Department
Hector Diaz, K-9 Marco Island Police Department
Kevin Hennings, Marco Island Police Department
Tony Delatorre, Collier County EMS
Al Pitts, Collier County EMS
(C) Report from Fire/Rescue Chief, Michael Murphy.
Fire Chief Michael Murphy provided Council with a presentation highlighting the accomplishments and future goals of the Fire/Rescue Department. Council members complimented the efforts of Chief Murphy and the Marco Island Fire Department.
(D) Introduction of Police Chief, Roger Reinke.
Council members welcomed Police Chief Roger Reinke, who expressed his appreciation for the opportunity to service the citizens of Marco Island.
BUSINESS
(A) ORDINANCE – Second Reading & Public Hearing – An Ordinance Amending the Budget for the City of Marco Island for the Fiscal Year Commencing October 1, 2000 and Ending September 30, 2001.
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(Editorial History: On June 4, 2001 the City Manager advised that a thorough mid-year budget review had been performed and recommended a mid-year budget adjustment to transfer funds between budgetary accounts. A budget adjustment was adopted on first reading. Also on June 4th, City Council received a presentation from the Blue Ribbon Committee on Teen Affairs. City Council accepted a recommendation to provide immediate funding in the amount of $17,800 for teen programs during the summer months. The budget adjustment ordinance has amended to reflect the transfer of
funds to the Recreation Account for the teen program.)
Mr. Moss read, by title only, the Ordinance Amending the Budget for the City of Marco Island for the Fiscal Year Commencing October 1, 2000 and Ending September 30, 2001. There were no public speakers.
MOTION by Councilman Pettersen to ADOPT ON SECOND READING THE ORDINANCE AMENDING THE BUDGET FOR THE CITY OF MARCO ISLAND FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2000 AND ENDING SEPTEMBER 30, 2001. Second by Vice-Chair Minozzi. Motion carried 4-0.
(B) ORDINANCE – Second Reading & Public Hearing – An Ordinance to Amend Construction Code Hours of Operation for Pile Driving.
(Editorial History: At the request of City Council, staff prepared an amendment to the Marco Island Administrative Construction Code (Ordinance 98-17) to further regulate hours in which pile driving activities may occur. The subsection dealing with “noise control” will be amended to allow pile driving activities between 8:00 a.m. and 7:00 p.m., Monday through Saturday. All other construction activities are permitted between 7:00 a.m. and 7:00 p.m., Monday through Saturday.)
Mr. Moss read, by title only, the Ordinance to Amend Construction Code Hours of Operation for Pile Driving. There were no public speakers.
MOTION by Vice-Chair Minozzi to ADOPT ON SECOND READING THE ORDINANCE TO AMEND CONSTRUCTION CODE HOURS OF OPERATION FOR PILE DRIVING. Second by Councilman Pettersen. Motion carried 4-0.
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(C) ORDINANCE – Second Reading & Public Hearing – An Ordinance to Amend Section 2.7.2.3.4.1. of the Land Development Code to Change Planning Board Hours.
(Editorial History: Section 2.7.2.3.4.1 of the Land Development Code requires that the Marco Island Planning Board “conduct two advertised public hearings on a weekday after 5:00 p.m. on proposed ordinances or resolutions that would change the zoning designation of a parcel or parcels of land involving ten contiguous acres or more of land or would change the actual list of permitted, conditional, or prohibited uses of land within a zoning category.” This provision applies only when the subject zoning or use change is initiated by the City.)
Mr. Moss read, by title only, An Ordinance to Amend Section 2.7.2.3.4.1. of the Land Development Code to Change Planning Board Hours. There were no public speakers.
MOTION by Vice-Chair Minozzi to ADOPT ON SECOND READING AN ORDINANCE TO AMEND SECTION 2.7.2.3.4.1. OF THE LAND DEVELOPMENT CODE TO CHANGE PLANNING BOARD HOURS. Second by Councilman Pettersen. Motion carried 4-0.
(D) RESOLUTION – Petition No. VAC-01-01.
(Editorial History: Mr. Jim Johnson, as agent for the Sessions Family Partnership, has submitted a request to vacate Osceola Court, west of Inlet Drive. The Sessions Family owns all of the lots that abut the subject roadway. Currently all adjacent lots are zoned RSF-3 and are undeveloped. The applicant desires to incorporate the vacated rights-of-way area into Lots 1, 2 and 3, and create a new lot of record. Because of the vacation, Lot 18 will be joined with Parcel 1.)
Mr. Moss read, by title only, Petition No. VAC-01-01. Each council member made his exparte disclosure. All witnesses were sworn in by the Deputy City Clerk.
Mr. Jim Johnson, representing the Petitioner, reviewed the Petition for Council and responded to Council questions.
City Attorney Ken Cuyler advised Council that the decision to approve or to not approve the vacation should not be based on an offer of compensation submitted by the Petitioner.
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PUBLIC COMMENT
Ms. Kathy Bogan, 1016 Inlet Drive, reviewed the ongoing litigation with Mr. Sessions and expressed concern that the Petitioner intends to place a walled fence along the border of the property which will restrict her view.
Mr. Martin Pickney, American Engineering, objected to any suggestion that the owners should pay for the vacation of the public rights-of-way.
MOTION by Councilman Pettersen to DENY PETITION NO. VAC-01-01. Second by Councilman Cowin. Motion failed 3-1. (Vice-Chair Minozzi opposed.) (Ed. Note: Four affirmative votes are required to carry the motion.)
MOTION by Vice-Chair Minozzi to CONTINUE PETITION NO. VAC-01-01 UNTIL THE NEXT COUNCIL MEETING. Motion failed for a lack of a second.
(E) RESOLUTION – Waive Right-of-Way Permit Fees for Communication Services Companies.
(Editorial History: The 2000/2001 Florida Legislature made sweeping changes affecting local government’s ability to preside over its rights-of-way and franchise authorities, specifically in regard to companies in the telecommunications business. These changes to the law eliminated local government’s ability to negotiate franchise agreements with communication providers that utilize the City’s right-of-way, and eliminated a city’s right to collect franchise fees. In addition, this law severely restricts local government’s ability to charge rights-of-way permit fees to communication companies. In the same action, the Florida Legislature created the “Unified Communications Tax” (UCT) to replace lost revenue. The UCT is a tax on
all communication businesses that is intended to be evenly applied in order to achieve “a level playing field” in taxation between the different communication services and providers.)
Mr. Moss read, by title only, the Resolution to Waive Right-of-Way Permit Fees for Communication Services Companies. There were no public speakers.
MOTION by Vice-Chair Minozzi to APPROVE THE RESOLUTION TO WAIVE OF RIGHT-OF-WAY PERMIT FEES FOR COMMUNICATION SERVICES. Second by Councilman Pettersen. Motion carried 4-0.
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(F) DISCUSSION – Charter Referendum
Councilman Pettersen expressed his concern regarding statements made by Councilman Cowin about issues related to the spending cap which Councilman Pettersen believes are misrepresentations made by Councilman Cowin.
PUBLIC COMMENT
Mr. Robert Dyer, 1841 Honduras, stated that he felt the information being given to the public has improved in past two weeks.
COUNCIL COMMUNICATIONS AND DISCUSSION
Councilman Cowin commented on a memorandum he received from a citizen complaining about a rental property on Dan River Court.
Councilman Cowin asked about the status of the negotiations with Florida Water Services. Mr. Moss responded that the next step will be another telephone conference.
Councilman Cowin clarified a statement he made at the public forum on the spending cap regarding the $100,000,000.
Councilman Pettersen commented on an editorial in the Naples Daily News regarding the sale of cigarettes not “behind the counter.”
FUTURE AGENDA
Vice-Chair Minozzi requested a future discussion on developing an Ordinance to force businesses on Marco Island to keep cigarettes for sale behind the counter.
PUBLIC COMMENT (ITEMS NOT ON THE AGENDA)
Mr. Russ Columbo, 755 Plantation Court, expressed his objection to Councilman Pettersen’s earlier remarks concerning Councilman Cowin.
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ADJOURN
There being no further business to come before City Council the meeting adjourned at 7:50 p.m.
___________________________
E. Glenn Tucker, Council Chairman
Date________________________
ATTEST:
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A. William Moss, City Manager/City Clerk
Date________________________
PREPARED BY:
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Liz Carr, Secretary
Date: _______________________
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