THE CITY OF MARCO ISLAND
MINUTES
City Council Meeting – March 21, 2005 – 6:00 p.m.
Chairwoman DiSciullo called the meeting to order and presided.
ROLL CALL
All Present, except Councilman Arceri who was absent
Also Present: A. William Moss, City Manager
Richard Yovanovich, City Attorney
Vince Cautero, Community Development Director
Bryan Milk, City Planner
Bill Harrison, Finance Director
Roger Reinke, Police Chief
Laura Litzan, City Clerk
Other interested citizens and visitors
INNOVATION AND PLEDGE OF ALLEGIANCE
By: Reverend Dean Dalrymple – United Church of Marco Island
APPROVAL OF AGENDA
MOTION by Vice-Chairwoman Kelber to APPROVE THE AGENDA. Second by Councilman Tucker. Motion carried 6-0.
APPROVAL OF CONSENT AGENDA
(A) Council Minutes for March 7, 2005.
MOTION by Councilman Minozzi to APPROVE AND ADOPT THE CONSENT AGENDA. Second by Councilman Tucker. Motion carried 6-0.
PRESENTATIONS
(A) Annual Audit Report – CPA Associates
Finance Director Bill Harrison and Ms. Tommye Barie of CPA Associates reported on the excellent financial status of the City.
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MOTION by Councilman Minozzi to ACCEPT THE AUDIT REPORT. Second by Vice-Chairwoman Kelber. Motion carried 6-0.
(B) Community Built “Kid’s Cove” Playground
On behalf of the City Council, Chairwoman DiSciullo presented proclamations to the following individuals to commend their service to the community:
Ms. Donna Niemczyk, Ms. Michelle Hurtley, Ms. Heidi Moss, Ms. Natalie Kirstein, Ms. Jill Baldwin, Ms. Michelle Robau, Ms. Kim Land, Ms. Daphne Hawkins, Mr. Dan Garbinski, Mr. Al Landers, Ms. Carol Glassman, Ms. Anne Colpaert, Ms. Syd Mellinger, Mr. Stan Niemczyk, Mr. Shawn Hurtley, Mr. Stephen Muldoon, Councilman Mike Minozzi, Mr. Dale Rod, Mr. Jim Chute, Mr. Tom Amendula, Mr. Danny Wilmath, Mr. Kevin Konkus, Mr. David Travis, Mr. David Alexander and Mr. Ken Marino
(C) Discussion - Movable Bridges
Public Works Director Rony Joel presented a conceptual study of converting a fixed bridge to a movable bridge.
Public Comment
Mr. Ron Oister, 960 Cape Marco Drive, questioned how many boats require increased span in the affected area; Mr. Herb Savage, 816 Elkcam Circle West, suggested that bridge foundation problems could be corrected.
Citizens speaking in opposition to movable bridges:
Mr. Werner Wackerman, 875 Magnolia Court
Mr. Howard Blankman, 650 Yellowbird Street
Ms. Michelle Hurtley, 121 Bahama Avenue South
Ms. Lois Bradford, 1012 Angers Cove
Mr. Wallace Dairman, 251 Edgewater Court
Mr. Kjell Pettersen, 350 Rockhill Court
Following discussion and public comment, City Council decided against moving forward with the concept of movable bridges.
(D) Proclamation – Water Conservation Month
MOTION by Councilwoman Patterson to ACCEPT THE PROCLOMATION PROCLAIMING THE MONTH OF APRIL AS WATER CONSERVATION MONTH. Second by Chairwoman DiSciullo. Motion carried 6-0.
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BUSINESS
(A) DISCUSSION – Election of Chair and Vice-Chair
(Editorial History: The City Charter provides, “The Council shall elect a Chairman and Vice-Chairman, to serve for a term of one year, at the first meeting following the Council election and the annual anniversary thereafter.”)
MOTION by Councilman Minozzi to NOMINATE VICE-CHAIR KELBER AS CHAIRWOMAN. Second by Councilman Tucker. Motion Passed 6-0.
MOTION by Councilman Trotter to NOMINATE COUNCILMAN ARCERI AS CHAIRMAN. Second by Councilwoman Patterson. Motion failed 4-2. (Chairwoman DiSciullo, Vice-Chair Kelber, Councilman Minozzi and Councilman Tucker opposed.)
MOTION by Councilman Trotter to NOMINATE COUNCILMAN ARCERI AS VICE-CHAIR. Second by Councilman Minozzi. Motion Passed 6-0.
Recess: 7:50 p.m. to 8:05 p.m. It is noted for the record that the same Council members were present when the meeting reconvened.
PUBLIC COMMENT (items not on the agenda)
None
(B) ORDINANCE – Second Reading of an Amendment to the Landscape Code, which will Clarify an Existing Prohibition of Artificial Turf, or Similar Synthetic Turf Materials, as Ground Covers.
(Editorial History: During the first reading on March 7, 2005, City Council discussed environmental concerns associated with artificial turf and rubber crumb infill and voted 6 to 1 to approve the ordinance upon first reading.)
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Mr. Moss read, by title only, the Ordinance Amending Section 30-435 (e) (Ground Covers) of the Marco Island Code of Ordinances, Prohibiting Certain Materials to be used as Ground Covers.
Public Comment
Mr. Lou Amato, 801 Laurel Oak Drive, suggested that the Department use funding grants to study the use of this product because he believes that it is not a dangerous product.
MOTION by Councilman Minozzi to ADOPT ON SECOND READING THE ORDINANCE AMENDING SECTION 30-435 (e) (gROUND COVER) OF THE MARCO ISLAND CODE OF ORDINANCES, PROHIBITING CERTAIN MATERIAL TO BE USED AS GROUND COVERS. Second by Councilman Trotter. Motion carried 4-2. (Councilwoman DiSciullo and Councilman Trotter opposed.)
MOTION by Councilman Minozzi to SUSPEND THE 9:00 PM RULE. Second by Councilman Tucker. Motion carried 6-0.
(C) RESOLUTION – Petition CUE-05-01. Rock Creek LLC and Associates is requesting a second one-year extension of Resolution 03-21, an approved conditional use for property described as Lots 9 and 10, Block 427 of Unit 15 Replat, Marco Island.
(Editorial History: The subject 5.7-acre site located south of, adjacent to San Marco Road, south of Vintage Bay Drive, and north of Whisky Creek Drive. The original plan revealed a five-story building consisting of 100 independent living units and 24 assisted living units. Since conditional use approval on April 7, 2003 staff has not received or previewed a site development plan or building permit. R. Bruce Anderson, Esquire, representing Rock Creek LLC and Associates (the new perspective buyers), is requesting a second one-year extension in order to depart from the original conditional use master plan (submitted as petition CU-04-06 “Marco Commons”) and pursue a new mater plan for the subject site.)
Mr. Moss read, by title only, the Resolution relating to Petition CUE-05-01. Each council member made their ex-parte disclosure; all witnesses were sworn in by the City Clerk.
Public Comment
Attorney Ashley Lupo, representing the Petitioner, reviewed the petition and responded to Council’s questions.
Mr. John Sawyer, the Petitioner, stated it is not fair that the City Council would not approve the extension.
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Ms. Paula Camposano-Robinson, 740 North Collier Boulevard, advised Council that the new plan is completely different.
MOTION by Councilwoman DiScuillo to DENY PETITION CUE-05-01. Second by Councilman Trotter. Motion failed 5-1. (Councilwoman DiScuillo, Chairwoman Kelber, Councilman Minozzi, Councilwoman Patterson and Councilman Tucker opposed.)
MOTION by Councilman Tucker to APPROVE PETITION CUE-05-01. Second by Councilman Minozzi. Motion passed 5-1. (Councilman Trotter opposed.)
(D) RESOLUTION – To Urge the FDOT to Repair the S. S. Judge Jolley Bridge.
(Editorial History: On March 7, 2005 City Council received a presentation regarding the condition of the S.S. Judge Jolley Bridge as ascertained from the FDOT Value Engineering Study dated August 2-6, 2004, conveying the need to immediately perform repairs to ensure a safe and usable bridge.)
Public Comment
Mr. Kjell Pettersen, 350 Rockhill Court, expressed concern about the bridge reports and the numbers being quoted for repairs.
Mr. Howard Blankman, 650 Yellowbird, questioned whether the Resolution could be revised to cause the State to clarify their timeframe.
MOTION by Councilman Tucker to APPROVE THE RESOLUTION URGING THE FLORIDA DEPARTMENT OF TRANSPORTATION TO TAKE IMMEDIATE ACTION TO REPAIR THE S. S. JUDGE JOLLEY BRIDGE AMENDED TO INCLUDE “ONGOING MAINTENANCE” TO “ENSURE THE MAXIMUM LIFE OF THE BRIDGE.” Second by Councilman Trotter. Motion carried 6-0.
(E) DISCUSSION – Rename Park at North Barfield and North Collier Boulevard.
This item was deferred to the April 4, 2005 City Council meeting.
(F) DISCUSSION – Veteran’s Community Park.
(Editorial History: During the FY2005 CIP Budget process City Council authorized $50,000 for the development of a Master Plan for the Veteran’s Community Park. In recent months the City Council has suggested that the development of the Master Plan may be delayed and the funds instead be used for physical improvements, such as removing the Australian Pines from the waterfront lots, repairing sea wall, etc.)
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MOTION by Councilwoman DiScuillo to AUTHORIZE THE USE OF FUNDS BUDGETED FOR VETERAN’S COMMUNITY PARK MASTER PLAN FOR MAINTENANCE AND REPAIR OF THE PARK. Second by Chairwoman Kelber. Motion carried 6-0.
COUNCIL COMMUNICATIONS AND DISCUSSION
Council members praised Councilwoman DiSciullo for her service as Chairwoman.
Councilwoman DiSciullo questioned why she has not received minutes from the Code Enforcement Board, and why revenues from fines and forfeitures have increased substantially.
Councilwoman DiSciullo requested that the vacancy for the Code Enforcement Board be advertised.
Councilman Trotter suggested that a better effort to lobby State Representatives would be needed in the future.
FUTURE AGENDA
Councilman Tucker requested that the City Council gauge community and Council sentiment for pursuing a new Jolly Bridge in approximately six weeks.
Public Comment
Mr. Ron Oister, 960 Cape Marco Drive, recalled for the City Council a conversation regarding the Jolley Bridge he had with individuals in the State Department of Transportation.
ADJOURN
There being no further business to come before the Council, the meeting adjourned at 10:05 p.m.
(Signature page to follow)
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_______ __________
Vickie Kelber, Council Chairwoman
Date:
ATTEST:
Laura Litzan, City Clerk
Date:
PREPARED BY:
Lois Gunter, Secretary
Date:
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