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Regular Meeting - June 16, 2003
THE CITY OF MARCO ISLAND
MINUTES
 
City Council Meeting –  June 16, 2003 – 6:00 p.m.
Chairman Minozzi called the meeting to order and presided.


ROLL CALL

All Present     

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                  


PLEDGE OF ALLEGIANCE

By:  Council Chairman Michael F. Minozzi, Jr.


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


APPROVAL OF MINUTES
                
Council requested the following corrections to the June 2, 2003 minutes:

·       On page 2, Mr. Robert Dyer spoke in favor of adding back the 2001 Utility Fund; Mr. Jim Lange spoke in opposition of adding back the 2001 Utility Fund.
·       Under "Council Communications," Councilwoman DiSciullo recommended that staff participate in a "shadowing program" for Island teens.

MOTION by Councilwoman DiSciullo to APPROVE THE MINUTES FOR THE JUNE 2, 2003 WORKSHOP MEETING, AS AMENDED.  Second by Councilman Arceri.  Motion carried 7-0.



City of Marco Island
City Council Minutes for June 16, 2003  
Page 2


PRESENTATIONS

(A)     Comprehensive Plan Elements - Greg Niles, Community Development Director

(Editorial History:   The primary focus of the large-scale amendment is to revise the Future Land Use Element of the adopted plan.  The Future Land Use Element includes the Future Land Use Map; goals, objectives and policies; and supporting Data and Analysis text.  Staff will prepare the amendment package (GOP's, Map, D&A) for public hearing before the Planning Board at the end of July, and City Council the first meeting in August.  After the package is sent to DCA, they have up to 90 days to file Objections, Recommendation and Comments (ORC Report).

Greg Niles presented to Council eight proposed changes to the existing Future Land Use Map and reviewed the process that will be followed in the Large-Scale Comprehensive Plan Amendment.

        
BUSINESS

(A)     ORDINANCE(S) - Second Readings & Public Hearings.  

(Editorial History:  At the meeting of June 2, 2003, City Council unanimously adopted on first reading four separate ordinances to repeal previously approved ordinances 03-04, 03-05, 03-07 and 03-08.)

Mr. Moss read, by title only:

1.      An Ordinance to Repeal Ordinance 03-04, which amended the future Land Use Map designation from "conservation/preservation" to "community commercial" at Moran's Barge Marina.  There was no public comment.

2.      An Ordinance to Repeal Ordinance 03-05, which changed the zoning classification from "A-ST" to "C-4" for property at Moran's Barge Marina. Each Council member made their ex-parte disclosure.  All witnesses were sworn in by the City Clerk.  There was no public comment.
        
3.      An Ordinance to Repeal Ordinance 03-07, which amended the future Land Use Map designation from "low density residential" to "community commercial" for Tract "L", Marco Beach Unit 5.  There was no public comment.

4.      An Ordinance to repeal Ordinance 03-08, which changed the zoning classification from "RSF-3" to "C-1/T" for Tract "L", Marco Beach    Unit 5.  Each Council member made their ex-parte disclosure.  All witnesses were sworn in by the City Clerk.  There was no public comment.



City of Marco Island
City Council Minutes for June 16, 2003  
Page 3


MOTION by Vice-Chair Tucker to ADOPT ON SECOND READING THE ORDINANCE TO REPEAL ORDINANCE 03-04.  Second by Councilman Boyce.  Motion carried 7-0.

MOTION by Vice-Chair Tucker to ADOPT ON SECOND READING THE ORDINANCE TO REPEAL ORDINANCE 03-05.  Second by Councilman Boyce.  Motion carried 7-0.

MOTION by Vice-Chair Tucker to ADOPT ON SECOND READING THE ORDINANCE TO REPEAL ORDINANCE 03-07.  Second by Councilman Boyce.  Motion carried 7-0.

MOTION by Councilwoman Patterson to ADOPT ON SECOND READING THE ORDINANCE TO REPEAL ORDINANCE 03-08.  Second by Councilman Boyce.  Motion carried 7-0.

        
(B)     RESOLUTION - Retirement Health Savings Plan.

(Editorial History:  The Internal Revenue Service has recently revised the tax code to allow organizations to establish a deferred compensation plan to pay for post-employment health care.  Under this plan, employees elect to have a fixed amount of money withheld from each paycheck and deposited into an investment account.  There is no cost to the City to establish this plan and employees may participate on an individual basis.)

Mr. Moss read, by title only, the Resolution to Adopt the Vantage Care Retirement Health Savings Program.  There was no public comment.


MOTION by Vice-Chair Tucker to APPROVE THE RESOLUTION ADOPTING THE VANTAGE CARE RETIREMENT HEALTH SAVINGS PROGRAM.  Second by Councilman Boyce.  Motion carried 7-0.


(C)      RESOLUTION - Public Hearing - Final District IV Sidewalk Assessment Resolution.

(Editorial History:  On April 7, 2003 City Council created the District IV Sidewalk Improvement Project through enactment of Initial Assessment Resolution No. 03-20.  The Resolution listed the locations of proposed sidewalks within the assessment district.  The Resolution further called for a notice to affected property owners and a public hearing on June 16, 2003. )

Mr. Moss read, by title only, the Resolution Relating to the Construction and Funding of the District IV Sidewalk Improvements.

City of Marco Island
City Council Minutes for June 16, 2003  
Page 4


Public Comment

Mr. Don McLean, 791 Kendall Drive, questioned whether installing sidewalks on vacant lots is a priority when considering other items, such as drainage.

Mr. Marc Linsner, 659 Kendall Drive, expressed his concern regarding the installation of sidewalks on vacant lots prior to home construction.

MOTION by Councilman Arceri to APPROVE THE RESOLUTION RELATING TO THE CONSTRUCTION AND FUNDING OF THE DISTRICT IV SIDEWALK IMPROVEMENTS.  Second by Councilman Boyce.  Motion carried 7-0.
  

(D)     DISCUSSION -  Award of Contract for District IV Sidewalk Improvement.

(Editorial History:  The FY03 Capital Improvement Program provides $400,000 for the District I Sidewalk Improvement Project.  Accounting for engineering design and surveying fees the current unencumbered amount available for construction contracting is $341,025.)   

MOTION by Councilman Boyce to AWARD THE CONSTRUCTION CONTRACT FOR THE DISTRICT IV SIDEWALK IMPROVEMENT PROJECT TO QUALITY ENTERPRISES, SUBJECT TO FINAL CITY COUNCIL FUNDING AUTHORIZATION AT THE FIVE-YEAR CAPITAL IMPROVEMENT PLAN WORKSHOP  Second by Councilwoman Kelber.  Motion carried 7-0.


(E)     RESOLUTION – Permanent Education Facilities for Marco Island Charter Middle School.

(Editorial History:  At the June 2, 2003 meeting, City Council requested a Resolution be prepared urging the District School Board of Collier County to support and approve the construction of permanent educational facilities for the Marco Island Charter Middle School.)

Mr. Moss read, by title only, the Resolution Urging the District School Board of Collier County to Construct Permanent Educational Facilities for the Marco Island Charter Middle School.  

MOTION by Councilwoman DiSciullo to APPROVE THE RESOLUTION URGING THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY TO SUPPORT AND APPROVE THE CONSTRUCTION OF PERMANENT EDUCAITONAL FACILITIES FOR THE MARCO ISLAND CHARTER MIDDLE SCHOOL.  Second by Councilman Arceri.  Motion carried   7-0.

City of Marco Island
City Council Minutes for June 16, 2003  
Page 5


(F)    DISCUSSION - Public Hearing - Land Acquisition of an Approximate 1.78 Acre Parcel Located Between Whiteheart Avenue and Andalusia Terrace with 400' Frontage on Leland Way, Further Described as Tract R-C, a Replat of Marco Beach Unit 25, Marco Island.

(Editorial History:  This public hearing has been scheduled to consider the purchase of a 1.78 acre parcel of land known as Tract "R-C".  The subject property runs between Whiteheart Avenue and Andalusia Terrace, and has approximately 400 feet of frontage along Leland Way.  The property contains 800' linear feet of utility easement, which will be used to connect the Racquet Center to Tracts "C" and "D" pathway system.)

MOTION by Vice-Chair Tucker to AUTHORIZE THE CITY MANAGER TO ACQUIRE TRACT R-C.  Second by Councilman Boyce.  Motion carried   7-0.


(G)     DISCUSSION - Local Agency Program Agreement - Goodland Drive Pathway Improvements.

(Editorial History:  On March 3, 2003 City Council awarded a construction contract to Bonness, Inc. for construction of pathway improvements along Goodland Drive (CR92A) from the city line north to San Marco Road.  City Council authorized expenditure under the construction contract to an amount not exceeding unencumbered funds for fiscal year 2003, or a maximum of $127,396.)


MOTION by Vice-Chair Tucker to APPROVE A LOCAL AGENCY AGREEMENT AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT WITH FDOT, AS WELL AS ANY SUPPLEMENTAL AGREEMENTS THAT MAY ARISE RELATING TO THE GOODLAND DRIVE PATHWAY.  Second by Councilman Boyce.  Motion carried 7-0.  


(H)     DISCUSSION - Interlocal Agreement with District School Board for Collier
Creek Dredging.

        (Editorial History:  On January 21, 2003 City Council enacted Resolution No. 03-08 relating to the Collier Creek dredging project.  This Resolution serves to support environmental permitting activities in progress and, pursuant to Florida Administrative Code Section 18-21.009(1)(d), formalized the City's request to the Florida Department of Environmental Protection for approval / issuance of a submerged public land easement for dredging activities.  On March 13, 2003 the District School Board approved the City's request to use Tract "K" as a receiving site for placement of dredged soils subject to execution of an Interlocal Agreement.)
City of Marco Island
City Council Minutes for June 16, 2003  
Page 6


Public Comment

        Dr. Fay Biles, 1588 Heights Court, questioned the logistics of getting the dredge material to Tract "K" and whether adjacent property owners have been notified.

MOTION by Vice-Chair Tucker to APPROVE THE INTERLOCAL AGREEMENT WITH THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY FOR THE USE OF TRACT K FOR COLLIER CREEK DREDGING.  Second by Councilwoman Kelber.  Motion carried 7-0.


(I)     DISCUSSION – Beach Renourishment and Public Beach Access.

        (Editorial History:  On June 10, 2003 the Board of County Commissioners discussed a staff recommendation to defer specific beach projects on Marco Island.  The staff asked that these projects be deferred pending the adoption of a policy that links TDC funding to public beach access.  However, the staff recommended immediate approval of a $9 million renourishment project for the Naples beach.)
        
Councilman Arceri recapped for Council the recent proposal affecting TDC funding for beach renourishment.  Chairman Minozzi will send a letter to the Collier County Commissioner to reinforce Council's position.


COUNCIL COMMUNICATIONS

Councilwoman DiSciullo pointed out that City staff has assumed management of Mackle Park.  Councilor DiSciullo extended a welcome to the new employees and thanked Dana Souza for his efforts in the transition.

Chairman Minozzi reminded Council that the next scheduled regular meeting is  July 21, 2003.


FUTURE AGENDA

Councilwoman DiSciullo requested further discussion on the education initiatives that were introduced by Councilwoman Patterson.  (Editor's Note:  This item will appear on the August 4, 2003 agenda.)


PUBLIC COMMENT

Mr. Phil Kostelnik, 121 Channel Court, stated that the City's primary responsibility is to protect property and that the police department should be patrolling the cul-de-sacs daily.
City of Marco Island
City Council Minutes for June 16, 2003  
Page 7


Mr. Sal Sciarrino, 911 Montego Court, reminded Council that he is unable to see them and would like a raised platform for Council.

Ms. Connie Fulmer, President of the Goodland Preservation Coalition, thanked Council for repealing the Small Scale Comprehensive Plan amendments, and requested that Council reconsider the zoning change for Moran's Barge when it comes before them again.


ADJOURN

There being no further business to come before Council, the meeting adjourned at 7:20 p.m.




______________________                  
Michael F. Minozzi Jr., Council Chairman
Date:                                           


ATTEST:

                                                        
Laura Litzan, City Clerk
Date:                                           


PREPARED BY:

                                                        
Susan Patton,  Council Secretary
Date:                                           




City of Marco Island 50 Bald Eagle Drive, Marco Island, FL 34145
Phone: 239-389-5000 Fax: 239-389-4359