City of Marco Island - Regular Meeting

THE CITY OF MARCO ISLAND

City Council Meeting October 21, 2002 6:15 p.m.

Chairman Tucker called the meeting to order and presided.

Also Present: A. William Moss, City Manager

Ken Cuyler, City Attorney

Bill Harrison, Finance Director

Mike Murphy, Fire Chief

Greg Niles, Community Development Director

Ladd Ryziw, Public Works Director

Roger Reinke, Police Chief

Laura Litzan, City Clerk

Other staff members and interested citizens and visitors

INVOCATION AND PLEDGE OF ALLEGIANCE

By: Greg Niles, Community Development Director

APPROVAL OF AGENDA

MOTION by Councilwoman Kelber to APPROVE THE AGENDA. Second by Councilman Boyce. Motion carried 7-0.

APPROVAL OF MINUTES

(A) Council Minutes for September 30, 2002 (Special Called Meeting).

MOTION by Vice-Chair Minozzi to APPROVE THE MINUTES FOR SEPTEMBER 30, 2002 (SPECIAL CALLED MEETING). Second by Councilwoman DiSciullo. Motion carried 7-0.

City of Marco Island

City Council Minutes for October 21, 2002

(B) Council Minutes for October 7, 2002 (Regular Meeting).

MOTION by Chairman Tucker to APPROVE THE MINUTES FOR OCTOBER 7, 2002 (REGULAR MEETING). Second by Councilwoman Kelber. Motion carried 7-0.

(A) ORDINANCE Second Reading and Public Hearing Amendment to Chapter 54, Article II, Beach Management and Vessel Control.

(Editorial History: In the fall of 1998 City Council adopted a Beach Management and Vessel Control Ordinance to regulate activities on and adjacent to our coastal areas. The Beach Advisory Committee and the Waterways Advisory Committee, working in conjunction with the Citys Police Department and Environmentalist, have proposed several revisions to the ordinance to incorporate state law, provide consistency with other City ordinances, and to clarify enforcement obligations. City Council adopted this ordinance on first reading at the meeting of October 7, 2002.)

Mr. Moss read, by title only, the Amendment to Chapter 54, Article II, Beach Management and Vessel Control. There were no public speakers.

MOTION by Councilman Boyce to ADOPT ON SECOND READING THE ORDINANCE TO AMEND ORDINANCE 98-12, THE BEACH MANAGEMENT AND VESSEL CONTROL ORDINANCE, AMENDED TO EXCLUDE PUBLIC SAFETY AIRCRAFT. Second by Vice-Chair Minozzi. Motion carried 6-1. (Councilman Arceri opposed.)

(B) ORDINANCE First Reading Ordinance to Enact Limitations on Consumption of Water Through Irrigation.

(Editorial History: On October 7, 2002 City Council reviewed a request from Jim Coletta, Chairman, Board of Collier County Commissioners requesting that the City Council consider enacting an ordinance to limit the consumption of water through irrigation. Chairman Coletta provided a copy of an ordinance adopted by Collier County and asked that similar limitations be applied to Marco Island. Staff was asked to provide documentation as to whether the enactment of an ordinance to limit consumption of water through irrigation would, in fact, conserve water.)

Mr. Moss read, by title only, the Ordinance to Enact Limitations on Consumption of Water Through Irrigation. There were no public speakers.

City of Marco Island

City Council Minutes for October 21, 2002

MOTION by Chairman Tucker to ADOPT ON FIRST READING THE ORDINANCE TO ENACT LIMITATIONS ON CONSUMPTION OF WATER THROUGH IRRIGATION, MODIFIED AS FOLLOWS: PROHIBIT THE APPLICATION OF WATER UPON ADJACENT ROADWAYS ONLY; AND A $75 FINE FOR VIOLATIONS INSTEAD OF $100. Second by Councilman Boyce. Motion carried 5-2. (Councilman Arceri and Councilwoman Patterson opposed.)

(C) ORDINANCE First Reading An Ordinance to Amend Chapter 30, Article II, Division 13, Planned Unit Developments.

(Editorial History: In response to Councils direction, the Planning Board has considered revisions to the minimum acreage requirements for eligibility for PUD rezoning. The Planning Board considered this ordinance at two public hearings and voted to recommend approval by City Council.)

Mr. Moss read, by title only, the Amendment to Chapter 30, Article II, Division 13, Planned Unit Developments. There were no public speakers.

MOTION by Councilwoman Kelber to ADOPT ON FIRST READING THE ORDINANCE TO AMEND CHAPTER 30, ARTICLE II, DIVISION 13, PLANNED UNIT DEVELOPMENTS. Second by Councilwoman DiSciullo. Motion carried 7-0.

(D) ORDINANCE First Reading An Ordinance to Authorize Nonvoting Member Status on Planning Board.

(Editorial History: A recent change to Section 163.3714, Florida Statutes, requires that a nonvoting representative of the school district be appointed to the Planning Board. An ordinance is presented to amend Chapter 38, Article II, of City code, by amending Exhibit A as referenced in Section 1 Purpose and Intent, to include provisions for nonvoting membership on the Planning Board.)

Mr. Moss read, by title only, the Ordinance to Authorize Nonvoting Membership Status on the Planning Board. There were no public speakers.

MOTION by Councilman Boyce to ADOPT ON FIRST READING THE ORDINANCE TO AUTHORIZE NONVOTING MEMBERSHIP STATUS ON THE PLANNING BOARD. Second by Councilwoman Kelber. Motion carried 7-0.

City of Marco Island

City Council Minutes for October 21, 2002

(E) ORDINANCE First Reading An Ordinance to Establish New Supplemental District Standards.

(Editorial History: Historically, Division 2.6 of the Collier County LDC served as a “catch-all” for various supplemental district regulations. Over the course of the year, staff has replaced many of the sections of Division 2.6 with freestanding ordinances.)

Mr. Moss read, by title only, the Ordinance to Establish New Supplemental District Standards and Regulations.

Dr. Fay Biles, 1588 Heights Court, expressed her concern that boats at the Marco River Marina are discharging into the waterway. Mr. Russ Colombo, 755 Plantation Court, clarified that “untreated” waste cannot be discharged.

MOTION by Vice-Chair Minozzi to ADOPT ON FIRST READING THE ORDINANCE TO ESTABLISH NEW SUPPLEMENTAL DISTRICT STANDARDS AND REGULATIONS, MODIFIED TO: ADJUST RESTRICTIONS REGARDING BOATS USED AS DWELLING UNITS; ELIMINATE SEAWARD SETBACK RESTRICTIONS REGARDING FLAGPOLES; AND ALLOW BOAT SALES TO BE HANDLED BY PERMIT. Second by Councilman Boyce. Motion carried 7-0.

(F) RESOLUTION Conflict Resolution Process as Provided by Chapter 164 Florida Statutes Florida Water Services Authority

(Editorial History: As a part of the Citys legal action against the Florida Water Services Authority, and the cities of Gulf Breeze and Milton, the Citys Utility Counsel, John Jenkins of Rose, Sundstrom, and Bentley, has advised that City Council may need to adopt a resolution to initiate the conflict resolution process as provided for in Chapter 164, F.S..)

Mr. Moss read, by title only, the Resolution to Initiate the Conflict Resolution Process Provided for in Chapter 164, Florida Statutes. There was no public comment.

MOTION by Councilman Boyce to APPROVE THE RESOLUTION FINDING THAT SIGNIFICANT LEGAL RIGHTS OF THE CITY OF MARCO ISLAND WILL BE COMPROMISED IF A COURT PROCEEDING DOES NOT TAKE PLACE BEFORE THE PROVISIONS OF THE FLORIDA GOVERNMENTAL CONFLICT RESOLUTION ACT, CHAPTER 164, FLORIDA STATUES ARE COMPLIED WITH. Second by Vice-Chair Minozzi. Motion carried 7-0.

City of Marco Island

City Council Minutes for October 21, 2002

(G) DISCUSSION A Request for City Support of Christmas Island Style Events.

(Editorial History: Mr. David Rice, Chairman of the Christmas Island Style Committee, has requested City support for several Christmas events. The support required includes permission to close City streets along the parade route for the Christmas Parade on December 7^th, police and fire support for Santas arrival on November 29^th, the tree lighting ceremony on November 30^th , the street parade on December 7^th, and the use of Mackle Park facilities for a Christmas Sing-Along and Luminaries in the Park on December 11th.)

MOTION by Vice-Chair Minozzi to APPROVE CITY SUPPORT FOR CHRISTMAS ISLAND STYLE EVENTS. Second by Councilman Arceri. Motion carried 7-0.

Recess: 7:35 p.m. to 7:45 p.m. It is noted for the record that the same Council members were present when the meeting reconvened.

(H) DISCUSSION Utilization of Marked Police Vehicles by Code Enforcement Officers.

(Editorial History: At the City Council Budget Workshop on June 14, 2002 the topic of providing Code Enforcement Officers police patrol vehicles to drive during the performance of their code enforcement duties was discussed. If approved, two Code Enforcement Officers, who are also Florida certified law enforcement officers will perform their code compliance duties in marked police patrol vehicles under the direction of the Community Development Director.)

The following citizens spoke in favor of utilizing marked police vehicles for code enforcement:

Mr. Jim Curran, 590 Club Marco Circle

Mr. Sal Scrianno, 911 Montego Court

Mr. Bob Butler, 921 S. Collier Boulevard

Mr. Dick Shoen, 1815 Woodbine Court

MOTION by Vice-Chair Minozzi to DIRECT THE CITY MANAGER TO ALLOW MARKED POLICE VEHICLES TO BE UTILIZED BY CODE ENFORCEMENT. Second by Councilwoman Kelber. Motion failed 4-3. (Chairman Tucker, Councilman Boyce, Councilwoman DiSciullo and Councilwoman Patterson opposed.)

City of Marco Island

City Council Minutes for October 21, 2002

(I) DISCUSSION Award of Contract for Traffic Signal at Bald Eagle Drive and Elkcam Circle.

(Editorial History: A traffic signal warrant analysis for the Bald Eagle Drive / Elkcam Circle intersection was completed during the latter part of fiscal year 2000. The proposed traffic signal consists of a mast arm configuration similar to the existing installation at San Marco Road / North Collier Boulevard. The low bid proposal submitted by Mid Continent Electric, Inc. in the amount of $162,514 has been evaluated by staff with favorable results.)

Dr. Fay Biles, 1588 Heights Court, spoke against a traffic light at this location.

MOTION by Councilwoman Kelber to AWARD THE CONTRACT FOR A TRAFFIC SIGNAL TO MID CONTINENT ELECTRIC, INC. AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE CONTRACT. Second by Councilwoman DiSciullo. Motion passed 6-1. (Chairman Tucker opposed.)

(J) DISCUSSION Florida Governmental Utility Authority.

(Editorial History: By letter of October 10, 2002 the Florida Governmental Utility Authority advised that local governments, currently served by a utility system owned by FWS, may take formal action to resist acquisition of the system by the FGUA. The FGUA has asked that any host government desiring to take formal action to resist acquisition by the FGUA do so by no later than December 2, 2002. By Resolution adopted on September 3, 2002 City Council expressed support of the acquisition of the FWS assets in Marco Island/Marco Shores.)

MOTION by Vice-Chair Minozzi to DIRECT THE CITY MANAGER TO SEND A LETTER TO FLORIDA GOVERNMENT UTILITY AUTHORITY TO CONFIRM COUNCILS INTENT TO REMAIN A PART OF THE FLORIDA GOVERNMENT UTILITY AUTHORITY. Second by Councilman Arceri. Motion passed 7-0.

(K) DISCUSSION Schedule Date for a “Closed” Meeting to Discuss Litigation Involving Florida Water Services, Gulf Breeze, Milton, and Florida Water Services Authority.

(Editorial History: The Citys Utility Counsel, John Jenkins of Rose, Sundstrom, and Bentley, and a representative from the Citys Bond Counsel, Bryant, Miller and Olive, have requested a closed session with City Council to discuss attorney and client legal issues pertaining to litigation with Florida Water Services, Inc., Florida Water Services Authority, the City of Gulf Breeze and the City of Milton.)

City of Marco Island

City Council Minutes for October 21, 2002

Council agreed to hold a “closed” meeting at 5:00 p.m. on October 30 at City Hall for the purpose of discussing litigation involving Florida Water Services, Gulf Breeze, Milton and Florida Water Services Authority.

MOTION by Councilwoman Kelber to SUSPEND THE 9:00 P.M. RULE FOR THE CURRENT MEETING. Second by Councilman Arceri. Motion passed 7-0.

(L) DISCUSSION Settlement of Pending Litigation Regarding Cozumel, Monterrey, and Bay Colony-Gateway (WCI).

(Editorial History: On October 15, 2002 City Council met in closed session with legal counsel to discuss settlement negotiations and legal expenses relating to the Cozumel Condominium Association, Inc. and Monterrey Condominium Association, Inc. City Council directed legal counsel not to execute settlement agreements absent reimbursement of legal costs and attorneys fees.)

Attorney Greg Urbancic of Roetzel and Andress reviewed for Council WCIs offer of $45,000 to settle the six pending lawsuits.

MOTION by Councilman Arceri to ACCEPT A SETTLEMENT IN THE AMOUNT OF $45,000 FROM WCI TO SETTLE PENDING LITIGATION. Second by Councilman Boyce. Motion passed 6-0. (Chairman Tucker abstained.)

(M) DISCUSSION Selection Process for City Attorney Position.

(Editorial History: City Attorney Ken Cuyler has advised that he will be leaving the firm of Goodlette, Coleman & Johnson to become the in-house attorney for the City of Sanibel. The City is under contract with Goodlette, Coleman & Johnson until May 2003; the firm is apparently willing to continue to provide legal services to the City under the terms and conditions of the contract, while providing another lead counsel.)

MOTION by Councilman Boyce to CONTINUE THE CONTRACT WITH GOODLETTE, COLEMAN & JOHNSON SUBSTITUTING RICHARD D. YOVANOVICH AS LEAD ATTORNEY. Second by Vice-Chair Minozzi. Motion passed 7-0.

COUNCIL COMMUNICATIONS AND DISCUSSION

Councilwoman Kelber requested copies of Planning Board minutes prior to Council meetings.

City of Marco Island

City Council Minutes for October 21, 2002

Councilwoman DiSciullo questioned the criteria for appointing advisory board members and the process used to terminate and reappoint members.

Councilman Arceri advised Council that his published remarks regarding the possibility of the City creating its own water system should be construed to encourage the study of the feasibility of such an endeavor.

Councilwoman Kelber requested a discussion item regarding increasing community communication.

Councilman Boyce requested the addition of an item concerning a resolution supporting the new hospital.

Councilman Arceri requested a year-end review of both capital projects and cash flow management.

PUBLIC COMMENT (ITEMS NOT ON THE AGENDA)

Mr. Jim Cio lino, 190 North Collier Boulevard, questioned previous decisions at the county level regarding beach access; sanitary conditions at the beach; and the continuation of paying for the Collier County Sheriffs Department.

Dr. Fay Biles, 1588 Heights Court, advised Council that an existing ordinance prohibits the establishment of a new utility where one currently exists.

Mr. Pat Neale, President Marco Island Chamber of Commerce, announced that there will be a workshop on November 6, 2002 regarding the Elkcam Circle development area sponsored by the Chamber and City staff. Mr. Neale also advised Council that the Chambers Newsletter is available to City staff for additional communication with the public.

There being no further business to come before City Council, the meeting adjourned at 9:40 p.m.

(signature page to follow)

City of Marco Island

City Council Minutes for October 21, 2002

_____________________________________

E. Glenn Tucker, Council Chairman

Laura Litzan, City Clerk

Susan Patton, Council Secretary