THE CITY OF MARCO ISLAND
MINUTES
City Council Meeting – April 2, 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
Tom Jones, Acting Chief of Police
Lisa Absher, Finance Director
Other staff members and interested citizens and visitors
INVOCATION AND PLEDGE OF ALLEGIANCE
By: Reverend Clayton Watson – Marco Church of God
APPROVAL OF AGENDA
MOTION by Councilman Pettersen to APPROVE THE AGENDA. Second by Vice-Chair Minozzi. Motion carried 5-0.
MINUTES
(A) Council Minutes for March 19, 2001 (Regular Meeting)
MOTION by Vice-Chair Minozzi to APPROVE THE MINUTES FOR MARCH 19, 2001 (REGULAR MEETING.) Second by Councilman Boyce. Motion carried 5-0.
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PRESENTATIONS
(A) Recognition Plaque for Service as Council Chairman – Harry Cowin.
On behalf of the City Council, Chairman Tucker presented a plaque to past Chairman Harry Cowin in recognition of his leadership and exemplary service as Chairman.
(B) Certificate of Achievement for Excellence in Financial Reporting.
Mr. Terry L. Sharp, representing the Government Finance Officers Association of the United States and Canada, presented the “Certificate of Achievement,” the highest form of recognition in the area of government accounting and financial reporting, to the City for its 2000 Comprehensive Annual Financial Report.
(C) Appointment to Fill Vacancy on City Council – Candidate Interviews.
(Editorial History: Ruth Schuler resigned from the Marco Island City Council effective March 15, 2001. The City Charter provides for a seat with 28 months or less of the term remaining, “the Council shall appoint by 5/7th vote a replacement.” The City Attorney has interpreted the Charter to mean that a vote of five (5) councilors is required to fill the vacant seat.)
City Council discussed the procedures for filling the vacancy and agreed upon the process to follow.
Following presentations by Mr. Maury Dailey, Ms. Karen Urbanik, Mr. James Curran, Ms. Vickie Kelber, Ms. Jean Merritt, Mr. Robert Stakich, and Ms. Jeanette Patterson, council members voted several times on the appointment to Council.
Voting results are as follows:
First Vote
Appoint Mr. Robert Stakich, 2 yes, 3 no (Councilmen Boyce, Cowin, and Pettersen opposed)
Appoint Ms. Vickie Kelber, 4 yes, 1 no (Councilman Cowin opposed)
Appoint Ms. Karen Urbanik, 3 yes, 2 no (Councilmen Boyce and Cowin opposed)
Appoint Mr. Maury Daily, 3 yes, 2 no (Councilmen Boyce and Cowin opposed)
Appoint Mr. James Curran, 4 yes, 1 no (Councilman Cowin opposed)
Appoint Ms. Jean Merritt, 3 yes, 2 no (Councilmen Minozzi and Pettersen opposed)
Appoint Ms. Jeanette Patterson, 2 yes, 3 no (Councilmen Boyce, Cowin and Minozzi opposed)
Council members agreed to eliminate candidates receiving two or fewer “yes” votes from further consideration, following the second vote.
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Second Vote
Appoint Ms. Vickie Kelber, 4 yes, 1 no (Councilman Cowin opposed)
Appoint Mr. James Curran, 4 yes, 1 no (Councilman Cowin opposed)
Appoint Mr. Robert Stakich, 2 yes, 3 no (Councilmen Boyce, Cowin and Pettersen opposed)
Appoint Ms. Karen Urbanik, 3 yes, 2 no (Councilman Boyce and Cowin opposed)
Appoint Ms. Jeanette Patterson, 1 yes, 4 no (Councilmen Boyce, Cowin Minozzi and Pettersen opposed)
Appoint Ms. Jean Merritt, 3 yes, 2 no (Councilmen Minozzi and Pettersen opposed)
Appoint Mr. Maury Daily, 3 yes, 2 no (Councilmen Boyce and Cowin opposed)
Council members agreed to eliminate candidates receiving three or fewer “yes” votes from further consideration, following the third vote.
Third Vote
Appoint Mr. James Curran, 4 yes, 1 no (Councilman Cowin opposed)
Appoint Ms. Karen Urbanik, 3 yes, 2 no (Councilmen Boyce and Cowin opposed)
Appoint Mr. Maury Daily, 3 yes, 2 no (Councilmen Boyce and Cowin opposed)
Appoint Ms. Vickie Kelber, 4 yes, 1 no (Councilman Cowin opposed)
Appoint Ms. Jean Merritt, 3 yes, 2 no (Councilmen Minozzi and Pettersen opposed)
Fourth Vote
Appoint Mr. James Curran, 4 yes, 1 no (Councilman Cowin opposed)
Appoint Ms. Vickie Kelber, 4 yes, 1 no (Councilman Cowin opposed)
Fifth Vote
Appoint Mr. James Curran, 4 yes, 1 no (Councilman Cowin opposed)
Appoint Ms. Vickie Kelber, 4 yes, 1 no (Councilman Cowin opposed)
Recess: 7:44 p.m. to 7:55 p.m. It is noted for the record that the same council members were present when the meeting reconvened.
MOTION by Councilman Boyce to DEFER THIS MATTER TO THE NEXT CITY COUNCIL MEETING. Second by Councilman Cowin. Motion and second withdrawn following discussion.
Sixth Vote
Appoint Mr. James Curran, 3 yes, 2 no (Councilmen Boyce and Cowin opposed)
Appoint Ms. Vickie Kelber, 3 yes, 2 no (Councilmen Boyce and Cowin opposed)
MOTION by Chairman Tucker to BEGIN THE SELECTION PROCESS OVER AGAIN THIS EVENING. Motion failed for lack of a second.
MOTION by Vice-Chair Minozzi to BEGIN THE SELECTION PROCESS OVER AGAIN AT THE NEXT COUNCIL MEETING. Second by Chairman Tucker. Motion carried 5-0.
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PUBLIC COMMENT
Mr. Pat Reese, 283 Edgewater Court, expressed concern that Councilman Cowin
will continue to vote only for Ms. Jean Merritt, and the remainder of the Council is
wasting their time on the process.
Mr. Bob Dyer, 1841 Honduras Avenue, disagreed with this evening’s process. He
feels the City Attorney should verify that the 5/7 vote requirement means that
Council must agree unanimously on the appointment.
BUSINESS
(A) ORDINANCE – Second Reading & Public Hearing – An Ordinance to Approve an Amendment to the City Charter by Referendum.
(Editorial History: On March 12, 2001 City Council held a special-called meeting to discuss a referendum to amend the “spending cap” language in the City Charter (Section 1.01(6). City Council agreed to prepare and present to the electorate a referendum to eliminate the spending cap from the City Charter. Council adopted this Ordinance on first reading at its March 19, 2001 meeting. )
Mr. Moss read, by title only, the Ordinance to Approve an Amendment to the City Charter by Referendum. There were no public speakers.
MOTION by Vice-Chair Minozzi to AMEND THE PREVIOUS MOTION TO CHANGE THE BALLOT QUESTON TO OPTION (4). Second by Councilman Pettersen. Second withdrawn following discussion.
MOTION by Councilman Boyce to ADOPT ON SECOND READING AN ORDINANCE TO APPROVE AN AMENDMENT TO THE CITY CHARTER BY REFERENDUM. Second by Chairman Tucker. Motion carried 4-1. (Vice-Chair Minozzi opposed)
(B) RESOLUTION – Public Hearing – Petition BD-2000-23.
(Editorial History: Craig Woodward, representing Shipp’s Landing Condominium, is requesting a 90-foot extension from the maximum permitted 20-foot protrusion into the waterway to allow for the addition of boatlifts to an existing boat docking facility. The subject property is located at 1090 South Collier Boulevard, further described as Shipp’s Landing Condominium, Collier County, Florida and the City of Marco Island, Florida.)
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Mr. Moss read, by title only, the Resolution relating to Petition BD-2000-23. Each council member made his ex-parte disclosure. All witnesses were sworn in by the Deputy City Clerk. Councilman Boyce stated (for the record0 his understanding that the lifts will accommodate a maximum beam of 8’ and a length of 21’, and the present slips are of a larger beam giving a net effect reduction over time.
Mr. Craig Woodward, representing Shipp’s Landing Condo Association, reviewed the petition for Council and responded to Council questions.
PUBLIC COMMENT
Those speaking in opposition of Petition BD-2000-23:
Attorney Christopher Thorten, representing the Commodore Club
Mr. Bill Groetzinger, Commodore Club
Mr. King Harte, Commodore Club
Ms. Paula Townsend, Commodore Club
Mr. Bob Townsend, Commodore Club
Mr. George Patrick, Commodore Club
Mr. George Ledingham, Commodore Club
Mr. Earle Holsapple, Commodore Club
Mr. Paul Cook, Commodore Club
Mr. Ross Prangie, President of the Commodore Club
Mr. Charles Gentry, Commodore Club
Mr. Jack Weeks, Commodore Club
Mr. Greg Dolan, Commodore Club
Mr. Tom Pippin, Commodore Club
Those speaking in favor of Petition BD-2000-23:
Mr. Frank Segara, Boat Dock Manager of Shipp’s Landing Condominium.
MOTION by Vice-Chair Minozzi to DENY PETITION BD-2000-23.
Second by Councilman Boyce. Motion carried 4-1. (Councilman Pettersen opposed.)
Recess: 9:43 p.m. to 9:53 p.m. It is noted for the record that the same council members were present when the meeting reconvened.
MOTION by Councilman Cowin to WAIVE THE 10:00 P.M. RULE FOR THE COMPLETION OF THE CITY COUNCIL MEETING. Second by Vice-Chair Minozzi. Motion carried 5-0.
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(C) RESOLUTION – Public Hearing – Petition BD-01-03.
(Editorial History: In 1995, Collier County granted Breezy Point Condominium a 5-foot extension which allowed for the construction of the existing 25-foot boat docking facility. Until recently the Board was not aware that the overall length of the boat must be contained within the 25-foot protrusion. The condominium association is requesting a 10-foot extension from the maximum permitted 20-foot protrusion into the water to allow for the existing boat docking facility with the additional 5-foot extension to accommodate boat overhang. Breezy Point Condominium has amended their condo documents to prevent a similar problem from occurring again in the future.)
Mr. Moss, read by title only, the Resolution relating to Petition BD-01-03. There were no public speakers.
MOTION by Councilman Cowin to APPROVE PETITION BD-01-03. Second by Councilman Boyce. Motion carried 5-0.
(D) RESOLUTION – Public Hearing – Petition V-01-01.
(Editorial History: Craig Woodward, representing Joseph Spaziani, is requesting a 0.3 foot after-the-fact variance from the required 25 foot rear yard setback for an existing single-family residence, a 4.4 foot after-the-fact variance from the required 8 foot side yard setback for an existing house, privacy wall, and deck, and a 5 foot after-the-fact variance from the required 10 foot rear yard setback for an existing deck. The subject property is located at 1257 Winterberry Avenue, Marco Island. The City Manager informed Council that the applicant had applied for a 4.1 foot variance, but a 4.4 foot variance is actually required. He recommended Council approve the petition with a 4.1 foot variance with the understanding that staff would grant the additional 0.3 foot variance under
their authority.)
Mr. Moss, read by title only, the Resolution relating to Petition V-01-01. Each council member made his ex-parte disclosures. All witnesses were sworn in by the Deputy City Clerk.
Mr. Craig Woodward, representing the Petitioner, reviewed the petition for Council and responded to Council questions.
MOTION by Councilman Pettersen to APPROVE PETITION V-01-01. Second by Councilman Cowin. Motion carried 5-0.
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(E) ORDINANCE – Public Hearing – Petition V-01-03.
(Editorial History: Due to ongoing review of this variance petition by the Planning Board, the applicant has requested that City Council approve a motion to continue the Public Hearing V-01-03 to the meeting of April 16, 2001.)
MOTION by Councilman Pettersen to CONTINUE PETITION V-01-03 TO THE APRIL 16, 2001 CITY COUNCIL MEETING. Second by Councilman Cowin. Motion carried 5-0.
(F) RESOLUTION – Public Hearing – Petition V-01-04.
(Editorial History: Donald W. Rhodes, representing Thomas Auston Ingram is requesting a 6-foot after-the-fact variance from the required 8-foot side yard setback for an existing pool and screen enclosure. The subject property is located at 353 Rockhill Court, described as Marco Beach Unit 2, Block 45, Lot 10, Collier County, and the City of Marco Island, Florida.)
Mr. Moss, read by title only, the Resolution relating to Petition V-01-04. Each council member made his ex-parte disclosure. Chairman Tucker explained that he would not vote on this matter because the Petitioner’s attorney is his business partner. All witnesses were sworn in by the Deputy City Clerk.
MOTION by Councilman Pettersen to APPROVE THE PETITION V-01-04. Second by Councilman Cowin. Motion carried 4-0. (Chairman Tucker abstained.)
(G) DISCUSSION – Public Information Program for the “Spending Cap” Charter Referendum.
(Editorial History: On March 19, 2001 City Council agreed to schedule for discussion a public information program to inform and educate Marco Island citizens on the “spending cap” Charter revision scheduled for referendum election on July 10, 2001.)
MOTION by Councilman Pettersen to APPROVE THE PUBLIC INFORMATION PROGRAM, AMENDED TO INCREASE THE AMOUNT BY $2,000 TO $15,500. Second by Vice-Chair Minozzi. Motion carried 5-0.
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(H) DISCUSSION – Award of Contract for Factory Bay Bridge Replacement.
(Editorial History: Replacement of the Factory Bay Bridge on North Barfield Drive was authorized by City Council as part of the fiscal year 2001 budget. The low bid proposal submitted by Thomas Marine Construction, Inc., in the total bid amount of $1,189,525.45. At the discretion of City Council, bridge debris could be conventionally disposed at the Collier County landfill at a bid price of $6,890.00 as compared against the $39,110.00 bid for the recommended reef site disposal.)
MOTION by Vice-Chair Minozzi to AWARD THE FACTORY BAY BRIDGE CONTRACT TO THOMAS MARINE CONSTRUCTION, INC., OMITTING THE ADDITIONAL COST TO DISPOSE OF THE CONCRETE DEBRIS AT THE 9-MILE REEF SITE AND AUTHORIZE, THE CITY MANAGER TO EXECUTE THE CONSTRUCTION CONTRACT. Second by Councilman Pettersen. Motion failed 3-2. (Chairman Tucker, Councilman Cowin, and Councilman Boyce opposed.)
MOTION by Councilman Cowin to AWARD THE FACTORY BAY BRIDGE CONTRACT TO THOMAS MARINE CONSTRUCTION, INC., WITH THE OPTION TO HAUL THE CONCRETE DEBRIS TO THE 9-MILE REEF SITE, AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE CONSTRUCTION CONTRACT. Second by Councilman Pettersen. Motion carried 4-1. (Vice-Chair Minozzi opposed.)
(I) DISCUSSION – Collier County Coastal Advisory Committee.
(Editorial History: The purpose of this agenda item is to decide whether the City Council or City Manager shall submit names of candidates to the Collier County Board of Commissioners.)
MOTION by Councilman Boyce that CITY COUNCIL WILL APPOINT MEMBERS TO THE COASTAL ADVISORY COMMITTEE AND INSTRUCT THE CITY MANAGER TO ADVERTISE AND RECRUIT CANDIDATES FOR A FOUR MINUTE INTERVIEW BY CITY COUNCIL. Second by Councilman Cowin. Motion carried 5-0.
COUNCIL COMMUNICATIONS AND DISCUSSION
Councilman Cowin inquired about the status of tree planting planned for the north side of the Jolley Bridge. Mr. Moss advised Council that a project agreement will be sought from the State Highway Department for advance funding for the project.
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Councilman Cowin expressed concern about a newspaper article regarding the issuance of traffic warnings instead of citations. He suggested that guidelines be established for police officers.
Vice-Chair Minozzi reported on the status of his discussions with the Board of County Commissioners on the collection of funds for sheriff’s road patrol.
Council members complimented Chairman Tucker on the conduct of his first meeting as Chairman.
Chairman Tucker advised Council that he would be unable to attend the next scheduled TDC meeting. Council concurred that Councilman Boyce would act as alternate.
City Manager Moss advised Council of a change in the terms of the Joint Project Agreement with Florida Water Services for work on the Factory Bay Bridge. The previous agreement held Florida Water Services responsible for damages, however, their attorney refused. Council agreed to new language, which will hold either party that unnecessarily delays the project responsible for damages.
FUTURE AGENDA
Councilman Cowin suggested a discussion on additional changes to the City Charter. (Editor’s Note: This item will appear on the agenda for the April 16, 2001 meeting.)
Chairman Tucker suggested a discussion on increasing the amount of advertising of the Charter referendum. (Editor’s Note: This item will appear on the agenda for a future meeting.)
Chairman Tucker suggested a discussion on parliamentary procedures, specifically the handling of “calling the question.” (Editor’s Note: this item will appear on the agenda for the April 16, 2001 meeting.)
PUBLIC COMMENT
None
ADJOURN
There being no further business to come before City Council the meeting adjourned at 10:42 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, Secretary
Date: _______________________
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