THE CITY OF MARCO ISLAND
MINUTES
City Council Meeting – May 19, 2003 – 6:00 p.m.
Chairman Minozzi called the meeting to order and presided.
ROLL CALL
All Present
(Councilwoman Kelber left at 9:25 for a family emergency.)
Also Present: A. William Moss, City Manager
Richard Yovanovich, City Attorney
Greg Niles, Community Development Director
Ladd Ryziw, Public Works Director
Bill Harrison, Finance Director
Michael Murphy, Fire Chief
Roger Reinke, Police Chief
Laura Litzan, City Clerk
Other interested citizens and visitors
INVOCATION AND PLEDGE OF ALLEGIANCE
By: Greg Niles, Community Development Director
APPROVAL OF AGENDA
MOTION by Vice-Chair Tucker to APPROVE THE AGENDA, AMENDED TO MOVE ITEM 5(H) TO FOLLOW ITEM 5(C). Second by Councilwoman DiSciullo. Motion carried 7-0.
APPROVAL OF MINUTES
MOTION by Vice-Chair Tucker to APPROVE THE MINUTES FOR MAY 7, 2003. Second by Councilman Boyce. Motion carried 7-0.
BUSINESS
(A) RESOLUTION(S) – Public Hearing - Petition No. V-03-03. Kenneth Gordon King, as agent for Gigi Moers, property owner, requesting a 7.5-foot variance from the required 7.5-foot setback requirement for a boat dock facility on property located at 1049 San Marco Road, Marco Island.
City of Marco Island
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(Editorial History: In August 2002 the property owner was issued a Notice of Violation by the City of Marco Island Code Compliance Division with regard to the boat dock facility which does not comply with the required 7.5-foot side yard setback and also encroaches onto the neighboring dock structure. The petitioner has stated that the boat dock facility was constructed by the previous property owner and has existed in the current configuration for 17 years. Staff does not consider the existence of the subject boat dock facility as a special condition as the petitioner has not supplied any evidence that the current boat dock facility was legally permitted and constructed. The Planning Board heard this request at their April 25, 2003 meeting and voted 6-0 to recommend approval of the petition, subject to
stipulations.)
Mr. Moss read, by title only, the Resolution regarding Petition V-03-03. Each Council member made their ex-parte disclosure. All witnesses were sworn in by the City Clerk.
The Petitioner, Ms. Gigi Moers, reviewed details of the petition and responded to Council’s questions.
Public Comment
Attorney Craig Woodward, representing neighbor Ms. Cynthia Cervelli, distributed information to Council and reviewed Ms. Cervelli’s opposition to the petition.
Mr. Jim Schuck of Marco Marine Construction advised Council that he is of the opinion that there would be no way to fix the seawall, should the need arise, unless the riparian line set-back was enforced.
Mr. Joe Cervelli, speaking on behalf of his sister Ms. Cynthia Cervelli, read a letter from her expressing her desire to conform with City codes. In the letter, Ms. Cervelli reminded Council that Ms. Moers trespassing onto the adjoining property has been occurring for years.
Mr. Everett Van Hoesen, Chairman of the Marco Island Planning Board, summarized the Planning Board’s decision on this matter.
MOTION by Vice-Chair Tucker to APPROVE PETITION V-03-03, SUBJECT TO THE STIPULATIONS RECOMMENDED BY THE PLANNING BOARD. Second by Councilwoman DiSciullo. Motion and second withdrawn following discussion.
MOTION by Councilman Boyce to REMAND THE PETITION TO THE PLANNING BOARD AND REQUIRE THAT THE PETITIONER SUBMIT DOCK BUILDING PLANS FOR THE PLANNING BOARD’S APPROVAL WITHIN 60 DAYS. Second by Vice-Chair Tucker. Motion carried 6-1. (Chairman Minozzi opposed.)
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Recess: 7:40 p.m. to 7:50 p.m. It is noted for the record that the same council members were present when the meeting reconvened.
(B) RESOLUTION – Public Hearing – Petition No. BD-02-34, Jerry Neal, as agent for Bayfront Place, LC, property owner, requesting a 20-foot extension from the maximum permitted 20-foot protrusion into the waterway to allow for a 40-foot boat docking facility on property located at 771-779 West Elkcam Circle, Marco Island.
(Editorial History: Jerry Neal of Hole Montes, Inc., as agent for Bayfront Place, LC, property owner, is requesting a 20-foot extension from the maximum permitted 20-foot protrusion into the waterway to allow for a 40-foot boat dock facility on property located at West Elkcam Circle, more commonly known as Bayfront Place Condominium. The Planning Board heard this request at their April 25, 2003 meeting and voted 4-2 to recommend denial of the petition.)
Mr. Moss read, by title only, the Resolution relating to Petition BD-02-34. Each Council member made their ex-parte disclosure. All witnesses were sworn in by the City Clerk.
Representing the Petitioner, Attorney William G. Morris and Mr. Jerry Neal reviewed the petition and responded to Council’s questions.
Public Comment
Mr. Everett Van Hoesen, Chairman of the Planning Board, presented an overview of the Planning Board’s decision for Council.
Ms. Mary Kelly Sullivan, Manager of Westview on the Bay Condominium, spoke in opposition to the petition.
Mr. Jeff Henning, 201 Bayfront Place, spoke in support of the petition.
MOTION by Vice-Chair Tucker to APPROVE THE BOAT DOCK EXTENSION FOR PETITON BD-02-34. Second by Councilwoman Patterson. Motion carried 4-3. (Councilwoman DiSciullo, Councilwoman Kelber and Councilman Arceri opposed.)
MOTION by Councilwoman DiSciullo to SUSPEND THE 9:00 RULE. Second by Councilman Boyce. Motion carried 7-0.
(C) RESOLUTION – Public Hearing – An appeal filed by Stephen R. Ostrow, Esq., representing Philip and Martha Spaulding, property owners, appealing the Official Interpretation of the Marco Island City Code.
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(Editorial History: On March 21, 2003 an Official Interpretation was rendered concerning a boat docking facility located at 171 Geranium Court. The interpretation stated the boat docking facility at the subject property does not comply with the applicable setback requirement of 7.5 feet. Stephen Ostrow, Esq., as agent for property owners Philip and Martha Spaulding, has filed an appeal of that interpretation.)
Council members made their ex-parte disclosures. All witnesses were sworn in by the City Clerk.
Representing the Petitioner, Attorney Stephen Ostrow reviewed the petition and responded to Council’s questions.
Public Comment
The following members of the public spoke in support of staff’s official interpretation:
Attorney Craig Woodward, representing neighboring owners (Stroud)
Mr. Jim Chrisman, 177 Geranium Court
Ms. Chris Stroud, 165 Geranium Court
Mr. Bill Hammond, 241 Meadow Lark Court
Mr. Jim Schuck, Marco Marine Construction, stated that maintenance can be done on the seawall the way dock is currently configured.
MOTION by Vice-Chair Tucker to OVERTURN THE OFFICIAL INTERPRETATION. Motion failed for lack of a second.
(D) RESOLUTION – Regarding the Acquisition of the Water and Sewer Utility System from Florida Water Service – Resolution Establishing Intent to Reimburse Certain Capital Expenditures Incurred with Proceeds of Future Tax-Exempt Financing.
This item was deferred until the next agenda.
(E) DISCUSSION – Approval of City Attorney Contract.
(Editorial History: On April 7, 2003 City Council authorized Vice-Chair Tucker to negotiate a one-year renewal contract with Goodlette, Coleman and Johnson to provide legal services for the City. Changes to this contract from the previous contract include a change in lead attorney from Kenneth B. Cuyler to Richard D. Yovanovich, and a change in the attorney compensation rate from $165 per hour to $175 per hour. All other terms remain the same.)
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MOTION by Vice-Chair Tucker to APPROVE THE CONTRACT FOR LEGAL SERVICES. Second by Councilman Arceri. Motion carried 5-1. (Councilman Boyce opposed, Councilwoman Kelber absent.)
(F) DISCUSSION - Urban County Agreement – HUD.
(Editorial History: In September 2001 the City of Marco Island entered into a three-year Urban County Cooperative Agreement with Collier County. At that time the County was seeking City support and use of our population to ensure the County would meet a specified population threshold for recognition by HUD as an “urban county.” The population of Collier County is now sufficient to qualify as an “urban county” without the inclusion of the City’s population. The County would like the City to enter into an amended Cooperative Agreement for the next three years. The amended agreement would not contain a guaranteed amount for eligible projects, but would allow the City to submit projects for consideration on a competitive basis.)
MOTION by Vice-Chair Tucker to APPROVE THE URBAN COUNTY COOPERATIVE AGREEMENT FOR FISCAL YEARS 2004-2006. Second by Councilwoman Patterson. Motion carried 6-0.
(G) DISCUSSION – Memorial Contributions.
This item was deferred to the next agenda.
(H) DISCUSSION – Fiscal Year 2004 Spending Allocations.
This item was deferred to the next agenda.
(I) DISCUSSION – Workshop to Discuss Five –Year Capital Improvement Plan.
(Editorial History: At the Capital Improvement Program budget workshop on May 9, 2003 City Council agreed that additional discussions on the budget would be appropriate. City Council agreed to set a date for a continuation of the CIP workshop meeting during the regular City Council meeting of May 19, 2003.
Council agreed to hold discussions on the CIP on June 19, 2003 with the budget to follow.
(J) DISCUSSION – Acquisition of Glon Property on Elkcam Circle.
This item was deferred to the next agenda.
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COUNCIL COMMUNICATIONS
Councilwoman DiSciullo requested that staff "highlight in yellow" areas that staff would like Council to note on plats and surveys.
Chairman Minozzi updated Council on the process of how MPO projects are prioritized and the resulting impact on the expansion on the Judge Jolley Bridge.
Chairman Minozzi advised Council that a CAT bus route has been proposed for Marco Island beginning in 2004.
FUTURE AGENDA
Councilman Arceri questioned whether Council would like to reconsider its role as the “Zoning Board of Appeals.” Council agreed to place this item for discussion on a future agenda.
Councilwoman Patterson requested dialogue on public education. Council agreed to place this item for discussion on a future agenda.
Councilman Boyce requested discussion on public input regarding the Florida Water Services sale. Council agreed to place this item for discussion on a future agenda.
PUBLIC COMMENT
There was no additional public comment.
ADJOURN
There being no further business to come before Council, the meeting adjourned at 10:03 p.m.
(signature page to follow)
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City Council Minutes for May 19, 2003
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Michael F. Minozzi Jr., Council Chairman
Date:
ATTEST:
Laura Litzan, City Clerk
Date:
PREPARED BY:
Susan Patton, Council Secretary
Date:
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