City of Marco Island - Regular Meeting

THE CITY OF MARCO ISLAND

City Council Meeting June 17, 2002 6:05 p.m.

Chairman Tucker called the meeting to order and presided.

All Present, except for Councilman Boyce who was absent.

Also Present: A. William Moss, City Manager

Ken Cuyler, City Attorney

Ladd Ryziw, Public Works Director

Greg Niles, Community Development Director

Laura Litzan, Deputy City Clerk

Mike Murphy, Fire Chief

Roger Reinke, Police Chief

Other staff members and interested citizens and visitors

INVOCATION AND PLEDGE OF ALLEGIANCE

By: Greg Niles, Community Development Director

APPROVAL OF AGENDA

City Attorney Ken Cuyler requested that the title of item 6D be changed to:

“A Resolution of the City of Marco Island, Florida to Approve Change in Control of the Ownership of the Franchisee of the Cable TV Franchise From Comcast Cable Communications Inc. to AT&T Comcast Corporation.”

MOTION by Vice-Chair Minozzi to APPROVE THE AGENDA, AS AMENDED. Second by Councilwoman Kelber. Motion carried 6-0.

APPROVAL OF MINUTES

(A) Council Minutes for June 3, 2002

MOTION by Councilwoman DiSciullo to APPROVE THE MINUTES FOR JUNE 3, 2002. Second by Vice-Chair Minozzi. Motion carried 6-0.

City of Marco Island

City Council Minutes for June 17, 2002

(A) Certificate of Completion of Advanced Institute for Elected Municipal Officials Vice-Chair Michael F. Minozzi.

On behalf of City Council, City Manager Bill Moss congratulated Vice-Chair Mike Minozzi on the completion of the 2002 Advanced Institute for Elected Municipal Officials.

(B) Recognition of Retiring Employee Fire Captain Timothy Braden.

Mr. Moss read into the record a proclamation commending Captain Tim Braden on his twenty years of dedicated service and presented a commemorative Captains helmet as a tribute to the retiring Fire Captain.

Following the presentation to the retiring Fire Captain, Chairman Tucker congratulated City Manager Bill Moss on receiving his City Manager Accreditation from the International City/County Management Association.

(A) ORDINANCE Second Reading and Public Hearing An Ordinance to Approve Amendments to the Marco Island City Charter.

(Editorial History: On June 3, 2002 City Council adopted on first reading an ordinance to approve amendments to the City Charter and to call for a referendum election on September 10, 2002. The City Manager developed four options to modify the spending cap which were considered by Council at a workshop session on June 14, 2002. Council agreed that option 4 was the most reasonable approach to the spending cap question.)

Mr. Moss read, by title only, the Ordinance to Approve Amendments to the Marco Island City Charter.

Mr. Ray Paret, 665 Crescent Street commented that unanimity of Council is essential for getting the referendum passed. He believes that if Council unites behind option 4 the voters will support it.

MOTION by Councilman Arceri to ADOPT ON SECOND READING THE ORDINANCE TO APPROVE AMENDMENTS TO THE CITY CHARTER BY REFERENDUM, AMENDED TO INCLUDE “OPTION 4.” Second by Councilwoman DiSciullo. Motion carried 6-0.

City of Marco Island

City Council Minutes for June 17, 2002

(B) ORDINANCE First Reading Amendments to Ordinance 02-12 to Include a 500-foot Separation Between Establishments.

(Editorial History: As requested by City Council, the Planning Board has reviewed Ordinance 02-12 and incorporated the 500-foot separation language that had previously existed under the County LDC.)

Mr. Moss read, by title only, the amendments to Ordinance 02-12 to include 500-foot separation between establishments and provide waiver procedures. There was no public comment.

MOTION by Councilwoman DiSciullo to ADOPT ON FIRST READING AMENDMENTS TO ORDINANCE 02-12 TO INCLUDE 500-FOOT SEPARATION BETWEEN ESTABLISHMENTS AND PROVIDE WAIVER PROCEDURES. Second by Councilwoman Kelber. Motion carried 6-0.

(C) ORDINANCE First Reading - An Ordinance to Establish a New Landscape Code.

(Editorial History: In developing the proposed Landscape Ordinance, staff started with the current LDC provisions, sought input from the Beautification Advisory Committee, landscape professionals, and the Planning Board.)

Mr. Moss read, by title only, the Ordinance to Establish a New Landscaping Code.

Mr. Russ Colombo, 755 Plantation Court, stated that he feels less government is better and that this ordinance is unnecessary.

Mr. Art Morgan, 893 Collier Court, voiced his support for the proposed Ordinance stating that Marco Island is considered an upscale community and certain type of regulations are necessary to preserve that image.

MOTION by Councilman Arceri to ADOPT ON FIRST READING THE ORDINANCE TO ESTABLISH A NEW LANDSCAPE CODE, AMENDED TO ELIMINATE THE MANDATORY REQUIREMENT FOR REUSE SYSTEM AND INCLUDE AN ALTERNATE FOR XERISCAPE UPON STAFF APPROVAL. Second by Vice-Chair Minozzi. Motion carried 4-2 (Chairman Tucker and Councilwoman DiSciullo opposed.)

City of Marco Island

City Council Minutes for June 17, 2002

(D) RESOLUTION A Resolution Approving Change in Control of the Ownership of the Franchisee of the Cable TV Franchise from Comcast Cable Communications Inc. to AT&T Comcast Corporation.

(Editorial History: In compliance with FCC regulations, AT&T Comcast Corporation has filed for a change of ownership with the application being received by the City of Marco Island on February 25, 2002. The city has 120 days from the date of receipt of the application to take action on the transfer of ownership or the transfer is deemed to be automatically approved.)

The City Attorney read, by title only, the Resolution approving the change in control of the ownership of the franchisee of the Cable TV franchise from Comcast Cable Communications Inc. to AT&T Comcast Corporation. Each council member made their ex-parte disclosure. All witnesses were sworn in by the Deputy City Clerk.

Attorney Adrian Herbst who specializes in the telecommunications field and was hired by the City to review transfer, responded to Councils questions. There was no public comment.

MOTION by Vice-Chair Minozzi to APPROVE THE RESOLUTION APPROVING THE CHANGE IN CONTROL OF THE OWNERSHIP OF THE FRANCHISEE OF THE CABLE TV FRANCHISE FROM COMCAST CABLE COMMUNICATIONS INC. TO AT&T COMCAST CORPORATION. Second by Councilwoman DiSciullo. Motion carried 6-0.

(E) DISCUSSION North Collier Boulevard / Kendall Drive Intersection Improvements.

(Editorial History: Chairman Tucker requested that this subject matter be placed on the agenda for discussion.)

Chairman Tucker expressed concern that right turn lanes may not be needed in many areas along Collier Boulevard.

Public Works Director Vladimir Ryziw reaffirmed the need for a right turn lane specifically at the intersection of North Collier Boulevard and Kendall Drive, and further explained the benefits of right turn lanes in general.

MOTION by Chairman Tucker to DIRECT THE CITY MANAGER TO PREPARE AN ORDINANCE TO REQUIRE COUNCILS APPROVAL ON THE CONSTRUCTION OF RIGHT HAND TURN LANES. Second by Councilwoman DiSciullo. No vote taken. Motion and second withdrawn following further discussion.

City of Marco Island

City Council Minutes for June 17, 2002

Mr. Charles Hughes, 1235 Treasure Court, voiced his concern that Council does not have traffic engineering experience and is micro-managing.

Mr. Frank Aloia, 420 North Collier Boulevard, stated that the sign directing traffic to Tigertail Beach was relocated to Kendall Drive and he believes that there is not enough traffic at the intersection to warrant a right turn lane.

Mrs. Stina Aloia, 420 North Collier Boulevard, expressed her opinion that the engineers did not consider the beauty of Marco Island or the difficulty of backing into traffic from her driveway when planning the right turn lane.

Mr. Gil Mueller, 541 Blackmore Court, shared his belief that the Kendall Drive/Collier Boulevard intersection is extremely dangerous.

Following discussion, Council agreed to place the Collier Boulevard / Kendall Drive project on hold and place this matter on the July 15 meeting agenda for further discussion. Council also directed the City Manager to schedule a workshop for Council to review future roadway improvements proposed for Collier Boulevard.

Recess: 8:25 p.m. to 8:35 p.m. It is noted for the record that the same Council members were present when the meeting reconvened.

(F) DISCUSSION Purchase of Vacant Lot at 986 North Barfield Drive.

(Editorial History: During deliberations of priorities regarding the Five-Year Capital Improvement Program, City Council discussed options regarding the acquisition of property for parks and open space. Council agreed to include the acquisition of the three lots on North Barfield Drive adjacent to the Sheriffs substation. The City Manager subsequently submitted an offer to purchase Lot 1, Block 131, Marco Beach Unit 4, a/k/a 986 North Barfield Drive for $189,000. The offer is subject to approval by City Council and the receipt of an appraisal. Florida Statutes require that a decision to exercise an option to purchase property must be made at a public hearing following a 30-day public notice.)

MOTION by Chairman Tucker to CONDUCT A PUBLIC HEARING ON JULY 15, 2002 TO PURCHASE LOT 1, BLOCK 131, MARCO BEACH UNIT 4. Second by Councilman Arceri. Motion carried 6-0.

(G) DISCUSSION Minimum Acreage Planned Unit Development (PUD).

This item was deferred to the July 15, 2002 Council meeting.

City of Marco Island

City Council Minutes for June 17, 2002

(H) DISCUSSION Parks and Recreation Advisory Committee Policies.

(Editorial History: By memorandum of May 2, 2002 the City Manager provided a letter from Parks and Recreation Chairman Bob Ayling. The letter conveyed the Committees desire to seek Council guidance as to priorities for Committee activity.)

Dr. Bob Ayling, Parks and Recreation Advisory Committee Chairman, reiterated that the Committee is looking for guidance regarding establishing priorities for the Committee. Council members responded by offering suggestions for priorities, including the hiring of a Parks and Recreation Coordinator.

Mr. Jim Curran, 590 Club Marco Circle, shared his concern that the new staff assignment would take over programs from the YMCA, which could negatively impact the future of the YMCA on Marco Island.

Ms. Natalie Herstein, 165 Delbrook Way, read a letter encouraging the addition of a Parks and Recreation Coordinator position.

Mr. Mel Ollman, 841 Heathwood Drive, stated that he feels that the Parks and Recreation Committee should list and prioritize a list of preferred recreation programs and submit that list to the YMCAs Program Director for implementation.

Mr. Sal Scrianno, 922 Montego Court, stated that the YMCA should be held accountable for taxpayers money that they manage.

MOTION by Councilman Arceri to DIRECT STAFF TO IDENTIFY A RECREATION COORDINATOR TO INTEGRATE ALL RECREATIONAL PLANS AND PROGRAMS; THE SEARCH SHOULD BE DONE WITH THE FULL SUPPORT OF THE YMCA AND THE SCHOOLS. Second by Councilwoman DiSciullo. Motion carried 5-1. (Chairman Tucker opposed.)

(I) DISCUSSION Adding “Public Comment” to the Beginning of City Council Meetings.

This item was deferred to the July 15, 2002 Council meeting.

COUNCIL COMMUNICATIONS AND DISCUSSION

Councilwoman Kelber recognized the Beautification Advisory Committee for their outstanding efforts toward beautifying the island and congratulated them on receiving a State award for Outstanding Urban Forestry Program.

City of Marco Island

City Council Minutes for June 17, 2002

Councilman Arceri expressed concern regarding the letter received from Collier County concerning their future plans for the Caxambas Park and boat ramp.

Councilman Arceri suggested a presentation relating to the Citys plan for hurricane preparedness including communications with the utilities.

PUBLIC COMMENT (ITEMS NOT ON THE AGENDA)

Mr. Tim Ferguson, representing American Funding, requested that staff remove public parking from their property. Council agreed to discuss this matter at the July 15, 2002 meeting.

Mr. Tom Traeger, 811 Swallow Avenue, complimented Council on its conduct at meetings.

There being no further business to come before City Council, the meeting adjourned at 10:15 p.m.

E. Glenn Tucker, Council Chairman

A. William Moss, City Manager/City Clerk

Susan Patton, Council Secretary