THE CITY OF MARCO ISLAND
MINUTES
City Council Meeting – November 1, 2004 – 6:30 p.m.
Chairwoman DiSciullo called the meeting to order and presided.
ROLL CALL
All Present
Also Present: A. William Moss, City Manager
Rich Yovanovich, City Attorney
Greg Niles, Community Development Director
Bill Harrison, Finance Director
Dana Souza, Parks Director
Michael Murphy, Fire Chief
Roger Rienke, Police Chief
Laura Litzan, City Clerk
Other interested citizens and visitors
PLEDGE OF ALLEGIANCE
By: Chairwoman DiSciullo
APPROVAL OF AGENDA
MOTION by Councilman Arceri to APPROVE THE AGENDA, AMENDED TO MOVE item 4(B) from the Consent Agenda to THE FIRST ORDER OF BUSINESS, and add 6(H), appointment of a member to the hideaway beach tax district board of supervisors. Second by Vice-Chair Kelber. Motion carried 7-0.
CONSENT AGENDA
(A) Council Minutes for October 18, 2004 (Regular Meeting).
MOTION by Vice-Chair Kelber to APPROVE THE MINUTES FOR THE october 18, meeting. Second by Councilman Minozzi. Motion carried 7-0.
City of Marco Island
City Council Minutes for November 1, 2004
Page 2
PRESENTATIONS
(A) Mothers of Marco – Firefighters Flag Fund.
Representing the Mothers of Marco, Ms. Michelle Hurtley and Ms. Brenda Golec presented their program to provide United States flags to the Fire/Rescue Department.
BUSINESS
4(B) DISCUSSION – Award of Contract – Playground for Mackle Park.
(Editorial History: The construction of a new playground at Mackle Park is the first project built from the Mackle Park Master Plan. Both the Mackle Park Master Plan Committee and the Parks and Recreation Advisory Committee have endorsed the playground project and the 2005 construction schedule. The approved budget provides $458,000 in FY2005 that is to be combined with the $200,000 from FY2004, providing $658,000 to implement the first phase of construction projects at Mackle Park.)
Public Comment
Citizens speaking in favor of the playground project:
Ms. Michelle, Hurtley, 121 South Bahama Avenue
Ms. Ann Colpeart, 1461 Jamaica Road
Ms. Brenda Golec, 1535 Biscayne Way
MOTION by Chairwoman DiSciullo to AUTHORIZE THE CITY MANAGER TO CONTRACT WITH LEATHERS AND ASSOCIATES FOR THE DESIGN, CONSTRUCTION, CONSULTATION AND PLAYGROUND EQUIPMENT FOR MACKLE PARK PLAYGROUND IN THE AMOUNT OF $59,298.00; AUTHORIZE THE CITY MANAGER TO CONTRACT WITH OTHER COMPANIES TO PROVIDE THE MATERIALS NEEDED TO COMPLETE THE PLAYGROUND CONSTRUCTION. Second by Councilman Arceri. Motion carried 7-0.
Recess: 7:00 p.m. to 7:22 p.m. It is noted for the record that the same Council members were present when the meeting reconvened.
City of Marco Island
City Council Minutes for November 1, 2004
Page 3
(A) ORDINANCE – Second Reading & Public Hearing – An Ordinance to Create an Arts Advisory Committee.
(Editorial History: At first reading of the ordinance on October 18th, City Council approved the proposed ordinance to create and Arts Advisory Committee for the purpose of advising City Council on artistic and other cultural programs. This ordinance was drafted when City Council asked the City Manager to prepare an ordinance to create an Arts Advisory Committee that incorporated the ideas expressed by City Council at the September 20, 2004 City Council meeting.)
Mr. Moss read, by title only, the Ordinance to Create an Arts Advisory Committee. There was no public comment.
MOTION by Vice-Chair Kelber to ADOPT ON SECOND READING THE ORDINANCE TO CREATE AN ARTS ADVISORY COMMITTEE. Second by Councilman Minozzi. Motion carried 7-0.
(B) ORDINANCE – Second Reading & Public Hearing – An Ordinance to Establish Property Owners Responsibility for Utility Bills.
(Editorial History: At first reading of the ordinance on October 18, the City Council approved a change in utility billing requiring all new utility accounts be placed in the name of the property owner. ~Under Florida law, tenant balances in excess of our $125 deposit are difficult to collect once the tenant has vacated the property. ~Water service to a new tenant cannot be discontinued, nor can a lien be placed on the property for the unpaid balance. ~This bad dept write-off is passed on to all utility customers.)
Mr. Moss read, by title only, the Ordinance to Establish Property Owners Responsibility for Utility Bills. There was no public comment.
MOTION by Councilman Arceri to ADOPT ON SECOND READING THE ORDINANCE TO ESTABLISH PROPERTY OWNERS RESPONSIBILITY FOR UTILITY BILLS. Second by Vice-Chair Kelber. Motion carried 7–0.
(C) ORDINANCE – First Reading & Public Hearing – An Ordinance to Amend Chapter 30, Article IV, (Sign Regulations).
(Editorial History: Changes are proposed to the existing commercial sign code to resolve inconsistencies, and to introduce measurable illumination standards. ~~The City’s present ordinance requires that all internally illuminated sign faces have opaque backgrounds. ~There are currently a number of signs that have varying degrees of background opacity located within City limits.) ~
City of Marco Island
City Council Minutes for November 1, 2004
Page 4
Community Development Director Greg Niles read, by title only, the Ordinance to Amend Chapter 30, Article IV, (Sign Regulations).
Public Comment
Mr. Herb Savage, 816 Elkcam Circle, reminded Council that he had to replace his sign. He also mentioned that he has a book that discusses the legibility of signs.
Mr. Joseph Oliverio, representing the Marco Island Restaurant Association, advised Council that the Restaurant Association supports the amendment proposed.
MOTION by Councilman Minozzi to APPROVE THE ORDINANCE TO AMEND CHAPTER 30, ARTICLE IV, (SIGN REGULATIONS) AMENDED TO ADD THAT CURRENT EXISTING SIGNS ARE GRANDFATHERED IN. Second by Vice-Chair Kelber. Motion and second withdrawn following discussion.
MOTION by Councilman Minozzi to APPROVE ON FIRST READING THE ORDINANCE TO AMEND CHAPTER 30, ARTICLE IV, (SIGN REGULATIONS). Second by Vice-Chair Kelber. Motion carried 6–1. (Councilman Tucker opposed.)
(D) RESOLUTION – Petition V-04-13, Joey Oliverio Request for A 15-Foot Variance from the Required 15-Foot Side Yard Setback to Zero Feet for an Accessory Structure (Canopy) At 257 North Collier Boulevard.
(Editorial History: On October 8, 2004 the Planning Board considered the petition for a 15-foot variance from the side yard setback requirement of 15-feet to zero feet in order to construct an accessory structure (10 feet by 18 feet canopy) over the existing outside patio located along the southwest corner of the property. There were no public comments at this petition request. The Planning Board recommends approval 6 to 0 subject to a precast stone railing being provided around the outside waiting area located in the parking lot and the prohibition of tables within the designated outside waiting area).
Mr. Moss read, by title only, the resolution relating to Petition V-04-13. Each council member made their ex-parte disclosure; all witnesses were sworn in by the City Clerk. Councilman Tucker advised Council that he will abstain from voting on this matter inasmuch as he represents the petitioner on other matters.
Mr. Joey Oliverio, the Petitioner, reviewed the petition for the City Council and responded to Council’s questions.
MOTION by Councilman Minozzi to APPROVE PETITION V-04-13. Second by Vice-Chair Kelber. Motion carried 6–0. (Councilman Tucker abstained.)
City of Marco Island
City Council Minutes for November 1, 2004
Page 5
(E) RESOLUTION – To Revise Right-of-Way Permit Fees.
(Editorial History: The current right-of-way permit fees have not been modified since October, 1999. ~The proposed new fees are consistent with fees being charged by Collier County and the City of Naples.)
Mr. Moss read, by title only, the Resolution to Revise Right-of-Way Permit Fees.
MOTION by Councilman Arceri to APPROVE THE RESOLUTION TO REVISE RIGHT-OF-WAY PERMIT FEES. Second by Vice-Chair Kelber. Motion carried 7–0.
(F) DISCUSSION – Seawall Services Program.
(Editorial History: On September 7, 2004 Councilman Acrceri proposed the Seawall Services Program be scheduled as an agenda item in the future. On September 20, 2004 this subject was deferred to the November 1, 2004 meeting for discussion.
Attached is a summary of the proposed program provided by Councilman Arceri and an excerpt from the August 25, 2004 Waterways Advisory Committee minutes.)
Public Comment
Mr. Preston Mottram, 1260 Aruba Court, suggested that sooner or later the Council is going to have to address the deteriorating seawall issues.
Mr. Jim Mellinger, 1200 Ludlam Court, stated that the Waterways Committee is working on a new ordinance for seawalls.
Following discussion, council members concurred that this is not an area that they chose to delve into at this time.
Recess: 8:50 p.m. to 8:58 p.m. It is noted for the record that the same Council members were present when the meeting reconvened.
MOTION by Councilman Minozzi to SUSPEND THE 9:00 RULE. Second by Vice-Chair Kelber. Motion carried 7–0.
(G) DISCUSSION – Liability for Damage to Swales.
(Editorial History: On September 20, 2004 this subject was deferred to the November 1, 2004 meeting following a proposal by Councilman Arceri to place on the agenda a discussion regarding who is responsible for damage to swales. Attorney Richard D. Yovanovich issued a memorandum stating his research findings.)
City of Marco Island
City Council Minutes for November 1, 2004
Page 6
Public Comment
Ms. Michelle Hurtley, 121 Bahama Avenue, South, expressed concern about water conservation and the burden of watering the swale area to maintain it.
Following discussion, Council agreed that no further action would be taken on this matter at this time.
(H) DISCUSSION – Appointment of Member to the Hideaway Beach Tax District Board of Supervisors.
(Editorial History: The Hideaway Beach Board of Supervisors has recommended that the City Council appoint Mr. Joe Gardner to serve the unexpired term of Mr. Philip Toia, who has resigned as a member of the Hideaway Beach District Board of Supervisors.)
MOTION by Councilman Arceri to APPOINT MR. JOSEPH C. GARDNER TO THE HIDEAWAY BEACH TAX DISTRICT BOARD OF SUPERVISORS. Second by Vice-Chair Kelber. Motion carried 7–0.
COUNCIL COMMUNICATIONS AND DISCUSSION
Vice-Chair Kelber questioned whether City Council members want to participate in the Christmas Parade; inquired how the City Council can provide greater guidance to the Advisory Committees; and asked about the status of the Dredging Policy.
Councilman Arceri mentioned that Fiscus trees have root systems that interfere with septic fields.
Chairwoman DiSciullo thanked Chief Rienke for his letter to contractors regarding trucks unloading and blocking the right-of-way; mentioned that a number of contractors have been working on Sunday and urged citizens to call and report the offending contractors; questioned whether the size of political signs should be restricted; asked when the Utility Master Plan would be available and when the Winterberry Bridge would be open.
Chairwoman DiSciullo also commended the Public Works Department for the opening of the Barfied Bridge, which honored Ms. Jane Hittler and Ms. Kappy Kirk. She recommends that the City Council schedule a field trip to preview how the “Tile Project” might look.
Councilman Tucker advised the City Council that he will be unable to attend the November 22, 2004 TDC meeting. Chairwoman DiSciullo agreed to attend in his place.
City of Marco Island
City Council Minutes for November 1, 2004
Page 7
FUTURE AGENDA
Councilman Minozzi requested a future discussion item on establishing a special tax district for funding Beautification, Parks and Public Art.
Chairwoman DiSciullo requested that the ordinance regarding Swale Maintenance be revised.
Public Comment
Ms. Lori Gross, 1368 Jamaica Road, requested that the City Council install a four-way stop sign at Jamaica Road and Bayport Avenue.
Mr. Phil Kostelnick, 121 Channel Court, commented on the unsightly signs in swales advertising the events of various organizations. He suggested that a Community Board be established to advertise Island events.
Ms. Michelle Hurtley, 121 South Bahama Avenue, reminded the City Council that the concerns raised about the Mackle Park Master Plan were considered by the Master Plan Committee.
Ms. Charlette Roman, 348 Colonial Avenue, advised the City Council that Collier County recently held a meeting with non-governmental groups, including Friends of Tigertail which she represents, on the feasibility of a Tigertail Beach Boardwalk. She expressed her disappointment and concern based on the information provided at that meeting.
ADJOURN
There being no further business to come before the Council, the meeting adjourned at 10:10 p.m.
(signature page to follow)
City of Marco Island
City Council Minutes for November 1, 2004
Page 8
_______ __________
Terri DiSciullo, Council Chairwoman
Date:
ATTEST:
Laura Litzan, City Clerk
Date:
PREPARED BY:
Lois Gunter, Secretary
Date:
| 
