City of Marco Island - Regular Meeting

THE CITY OF MARCO ISLAND

City Council Meeting April 21, 2003 6:00 p.m.

Chairman Minozzi called the meeting to order and presided.

Also Present: A. William Moss, City Manager

Richard Yovanovich, City Attorney

Greg Niles, Community Development Director

Roger Reinke, Police Chief

Dana Souza, Recreation Coordinator

Laura Litzan, City Clerk

Kelly Smith, Zoning Administrator

Other interested citizens and visitors

INVOCATION AND PLEDGE OF ALLEGIANCE

By: Greg Niles, Community Development Director

APPROVAL OF AGENDA

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

APPROVAL OF MINUTES

MOTION by Vice-Chair Tucker to APPROVE THE MINUTES FOR APRIL 7, 2003. Second by Councilwoman Patterson. Motion carried 7-0.

(A) Police Department Report

Police Chief Roger Reinke summarized for Council the 2002 Crime Report for the City of Marco Island, which has one of the lowest crime rates in the State. Chief Reinke attributes the 20% decline in crime rates to the dedication of citizens in crime prevention, crime reporting, and a professional police department.

City of Marco Island

City Council Minutes for April 21, 2003

(A) DISCUSSION / APPEAL An Appeal Challenging the Denial of BD-02-29, 5-foot Boat Dock Extension Request for 1420 Salvadore Court.

(Editorial History: At the February 21, 2003 Planning Board meeting staff found the extension requested to be consistent with the review criteria outlined in Section 54-115(a) (3) of the City Code and recommended that the Planning Board approve petition BD-2-29. At the conclusion of the public hearing the Planning Board voted 6-0 to deny the extension requested. Blake Wishart of Marco Dock & Lift, Inc., representing John Putnam, property owner, is appealing the decision of the Planning Board.

Mr. Moss read, by title only, the Resolution Challenging the Denial of Petition BD-02-29. Each Council member made their ex-parte disclosure. All witnesses were sworn in by the City Clerk. City Attorney Yovanovich advised Council the appeal will be based on the evidence presented to the Planning Board.

Representing the petitioner, Mr. Blake Wishart of Marco Dock and Lift reviewed the petition for Council and responded to Councils questions.

Mr. Everett Van Hoesen, Chairman of the Planning Board, reviewed for Council the denial by the Planning Board.

Mr. John Putnam, the petitioner, explained to Council that under current conditions he is unable to back his boat onto the lift.

Mr. Lou Vervel, 1430 Salvadore Court, and Mr. Richard Fulton, 1430 Cutler Court, spoke in opposition to the petition.

MOTION by Councilman Arceri to AFFIRM THE DECISION OF THE PLANNING BOARD DENYING THE PETITION. Second by Councilman Boyce. Motion carried 5-2. (Vice-Chair Tucker and Councilwoman Patterson opposed.)

(B) DISCUSSION Annual Level of Service (LOS) Report Concurrency Management.

(Editorial History: At the April 7, 2003 meeting, City Council received and discussed the Annual Level of Service (LOS) report. The report tracks development impacts on adopted LOS standards, and provides a mechanism to forewarn Council of potential LOS deficiencies over the next five years. As noted in the Executive Summary, the City is operating within adopted LOS standards and, with minor exceptions, will continue to operate in full compliance throughout the five-year horizon.)

City of Marco Island

City Council Minutes for April 21, 2003

Mr. Moss read, by title only, the Resolution Accepting the Findings of the Annual Level of Service (LOS) Report Concurrency Management System.

Mr. Everett Van Hoesen, Chairman of the Planning Board, conveyed to Council background information regarding the 5-2 approval by the Planning Board on this item.

MOTION by Vice-Chair Tucker to APPROVE THE RESOLUTION ACCEPTING THE FINDINGS OF THE 2003 ANNUAL LEVEL OF SERVICE REPORT. Second by Councilwoman Kelber. Motion carried 7-0.

(C) DISCUSSION FEMA Letter of Final Determination Revised Flood Maps.

(Editorial History: On April 2, 2003 the City received a Letter of Final Determination (LFD) from FEMA stating the revised based flood elevations as shown on the preliminary flood insurance rate maps (FIRM) are final, and will become effective on October 2, 2003. Per the new flood maps, large areas of the City (primarily east of Bald Eagle Drive) will have a net decrease or no change in required elevations. Smaller areas (Caxambas, Hideaway, and Gulf locations) will have a net increase in elevation. Staff has offered June 2, 2003 as the effective date on which the City will review and permit structures under the new flood maps.)

Mr. Rick Barnes, 1076 Old Marco Lane, stated that it will be difficult to complete design and permitting for his home in the six weeks prior to the effective date.

Mr. Sal Scrianno, 911 Montego Court, noted that July 5, 2003 is a Saturday.

MOTION by Vice-Chair Tucker to ESTABLISH JULY 5, 2003 AS THE EFFECTIVE DATE FOR UTILIZATION OF THE NEW BASE FLOOD ELEVATION INFORMATION FOR PERMITTING NEW CONSTRUCTION. Second by Councilwoman DiSciullo. Motion carried 7-0.

(D) DISCUSSION Pedestrian Beach Access at Northern Boundary of Marco Beach Resort PUD (Marriott/Mass Mutual Property).

(Editorial History: On March 3, 2003 City Council discussed the option to utilize a 15-foot wide strip of land to accommodate pedestrian beach access along the northern boundary of the Marriott Resort PUD. After discussing the issue and receiving public comment, City Council directed the City Attorney to report to Council on the feasibility of limiting the 15-foot pedestrian beach access strip to Marco Island residents only.)

City of Marco Island

City Council Minutes for April 21, 2003

Mr. Kjell Pettersen, 350 Rockhill Court, stated that the proposed beach access was part of a deal made by the previous Council and that decision should not be changed.

Mr. Charles Hughes, 1235 Treasure Court, affirmed his belief that this is an issue for the re-election of County Commissioners and a decision should be delayed.

Mr. Bob Dictor, General Manager Marriott Resort, expressed concern regarding the problems that would be created by opening this beach access and urged Council to study the issue.

Dr. Fay Biles, 1588 Heights Court, stated that others, in addition to the County Commissioners, perceive Councils posture on this matter in a negative light.

Ms. Phyllis Marco, 4000 Royal Marco Way, expressed her hope that Council will consider the need for parking and restroom facilities and recalled the need for the same at the South Beach access. Ms. Marco stated her belief that an additional beach access is not needed.

Mr. Bob Butler, 921 South Collier Boulevard, spoke in opposition to the proposed access stating that further study is required and that parking remains a problem at South Beach during the holidays.

Mr. Howard Shiveburg, 394 Periwinkle Court, expressed concern regarding the rhetoric, stating that it should be toned down and that we should stick to the facts and discuss the matter with logic and in a civil human way.

Mr. Jim Ciolino, 190 N. Collier Boulevard, feels that the public cannot be denied access to a public beach. He stated his belief that there is no reason to refrain from opening this pathway as it will improve the quality of life.

Mr. Everett Van Hoesen, 1430 Caxambas Court, stated that he believes the matter has been over played and that, “It is a mountain out of a molehill.” Mr. Van Hoesen suggested that the adverse affects could be addressed by the police department.

MOTION by Councilman Boyce to DEFER ANY DECISION REGARDING THE PEDESTRIAN BEACH ACCESS AND DIRECT THE CITY MANAGER TO NEGOTIATE FOR EMERGENCY ACCESS AT THIS TIME. Second by Vice-Chair Tucker. Motion carried 5-2. (Councilman Arceri and Councilwoman DiSciullo opposed.)

City of Marco Island

City Council Minutes for April 21, 2003

(E) DISCUSSION Donation of “Homeland” Dolphin Debut Statue.

(Editorial History: The Friends of Art and the Macro Island YMCA, using the volunteer services of citizens and area artists, created the Dolphin Debut. On display at the entrance of the city hall building was the “Homeland” Dolphin that depicted the many streets and sights on Marco Island. Anne Henegan was the initial sponsor for artist Robert Eder. She donated $3,000 for the dolphin to be created, and at auction outbid two others to win “Homeland” for $6,000. Anne Henegan has offered to donate “Homeland” Dolphin to the City of Marco Island.)

MOTION by Vice-Chair Tucker to ACCEPT WITH APPRECIATION THE DONATION OF “HOMELAND” DOLPHIN AND DIRECT THE CITY MANAGER TO PREPARE A RESOLUTION TO COMMEND ANNE HENEGAN AND OTHERS FOR THEIR CONTRIBUTIONS. Second by Councilwoman Kelber. Motion carried 7-0.

MOTION by Vice-Chair Tucker to WAIVE THE 9:00 RULE. Second by Councilwoman Kelber. Motion carried 7-0.

(F) DISCUSSION - Raised Platform for City Council.

(Editorial History: In response to a citizens inquiry at the February 3, 2003 meeting, City Council directed staff to provide information on acquiring a raised platform for City Council meetings that would enable the public to see Council members.)

Mr. Sal Scrianno, 911 Montego Court, spoke in favor of an elevated platform which would enable Council to be visible to citizens during the meetings.

MOTION by Councilman Boyce to DIRECT THE CITY MANAGER TO MAKE THE DECISION REGARDING THE PURCHASE OF A RAISED PLATFORM. Second by Councilwoman Kelber. Motion carried 7-0.

COUNCIL COMMUNICATIONS

Councilwoman Patterson advised Council that she values their opinions on the issues and seriously considers each Councilors opinion and those of the public before making a decision.

City of Marco Island

City Council Minutes for April 21, 2003

Councilman Arceri expressed concern regarding press coverage of Council matters and the apparent lack of balance in reporting. Councilman Arceri questioned whether Council would like to include a discussion on this topic on a future agenda. Following discussion, Council agreed that this matter is best handled individually.

There was no public comment.

There being no further business to come before Council, the meeting adjourned at 9:20 p.m.

____________________________________

Michael F. Minozzi Jr., Council Chairman

Date: ------______________

Laura Litzan, City Clerk

Susan Patton, Council Secretary