THE CITY OF MARCO ISLAND
MINUTES
City Council Meeting – May 2, 2005 – 6:00 p.m.
Chairwoman Kelber called the meeting to order and presided.
ROLL CALL
All Present, except Councilor Patterson who was absent.
Also Present: A. William Moss, City Manager
Richard Yovanovich, City Attorney
Rony Joel, Public Works Director
Roger Reinke, Police Chief
Michael Murphy, Fire Chief
Laura Litzan, City Clerk
Other interested citizens and visitors
PLEDGE OF ALLEGIANCE
By: Reverend Shanda Mahurin, St. Marks Episcopal Church
APPROVAL OF AGENDA
MOTION by Councilor Minozzi to APPROVE THE AGENDA. Second by Councilor Arceri. Motion carried 6-0.
APPROVAL OF CONSENT AGENDA
(A) Council Minutes for April 18, 2005 (Regular Meeting)
(B) Award of Contract – Engineering Services for North Collier Boulevard Roadway Design
(C) Award of Contract – Engineering Services for North Collier Boulevard Utility Design
(D) Award of Contract – Surveying Services
(E) Resolution – A Resolution Authorizing Traffic Signal Upgrade
(F) Resolution – A Resolution Authorizing Traffic Signal Control Devices
Mr. Moss read, by title only, the Resolution Authorizing Traffic Signal Upgrade and the Resolution Authorizing Traffic Signal Control Devices.
MOTION by Councilor Arceri to APPROVE AND ADOPT THE CONSENT AGENDA. Second by Councilor Minozzi. Motion carried 6-0.
City of Marco Island
City Council Minutes for May 2, 2005
Page 2
BUSINESS
(A) DISCUSSION – Waterways Regulation.
(Editorial History: The intent of the proposed Waterways and Boating Safety Ordinance is to promote health, safety and welfare of the public by providing reasonable regulations to govern the use of the waterways, inasmuch as the waterways of the City are important for the recreation and aesthetic enjoyment of residents and visitors, and an integral component of our economy. Following Staff’s modification of the ordinance that was drafted by the Waterways Advisory Committee, and prior to further review, Council’s comments are requested.)
Public Comment
Mr. Russ Colombo, 755 Plantation Court, expressed concern about the limit of 72 hours prior to seeking a permit, and suggested five days as a better alternative.
Captain Richard Michaels, 687 South Collier Boulevard, expressed concern about the 72-hour limit, and offered suggestions for changes.
Mr. Jim Mellinger, Chairman of the Waterways Advisory Committee, reviewed the Committee’s “live-aboard” policy recommendations.
Mr. Herman Diebler, member of the Waterways Advisory Committee, expressed concern that the anchoring issues in the ordinance were not the ones contained in the original document prepared by the committee and are not “boater friendly.”
Ms. Toni Westphal, 665 Dorando Court, feels Smokehouse Bay should not be used to anchor.
Mr. Ron Stearns, 1611 Copeland Drive, feels that “live-aboards” and “transient visitors” should be differentiated. He also opposes the 72-hour limit.
Mr. Lee Oldershaw, 1271 Mulberry Court, opposes time limit restrictions.
Mr. Don Mills, 617 Dorando Court, expressed concern regarding over-regulation.
Mr. Karl Henning, 950 Sundrop Court, expressed concern about the prohibition of anchoring in certain locations and feels it should be allowed.
Mr. Bill Harris, 1146 Bald Eagle Drive, feels the 72-hour limit is ridiculous.
Mr. Rick Kirby, West Flamingo Circle, feels that the ordinance should be friendly.
City of Marco Island
City Council Minutes for May 2, 2005
Page 3
Following discussion, Council requested that the Waterways Committee gather additional information regarding how other communities regulate “anchoring,” including the enforcement costs involved, and bring the ordinance back to Council.
(B) DISCUSSION – Appointment to Planning Board.
(Editorial History: Chapter 38 of the City Code provides there shall be a Planning Board of seven members appointed by the City Council. The terms expire in June 2006. Mr. Charles Hughes resigned effective April 15, 2005; therefore, Chapter 2 of the City Code provides that the City Council member that made the original recommendation should recommend a replacement to fill the unexpired term, which may be accepted or rejected by the City Council.)
MOTION by Chairwoman Kelber to APPOINT MR. MAURY DAILEY TO THE PLANNING BOARD. Second by Councilor Arceri. Motion carried 6-0.
(C) DISCUSSION – Appointments to Code Enforcement Board.
(Editorial History: Chapter 14, Article II of the City Code provides for a seven-member a Code Enforcement Board that are permanent residents and electors of the City and that serve three year terms that expire on a staggered basis. Ms. Beverly Andrews resigned from the board and her term expires June 1, 2006. The terms of Mr. Heyward Boyce and Mr. James Kennedy both expire June 1, 2005.)
MOTION by Councilor DiSciullo to APPOINT MR. DONALD SCHWARTZ TO THE CODE ENFORCEMENT BOARD. Second by Councilor Minozzi. Motion carried 6-0.
MOTION by Councilor Arceri to APPOINT MR. HEYWARD BOYCE TO THE CODE ENFORCEMENT BOARD. Second by Councilor Tucker. Motion carried 6-0.
MOTION by Councilor Kelber to APPOINT MR. PEDRO PEREZ TO THE CODE ENFORCEMENT BOARD. Second by Councilor Tucker. Motion carried 6-0.
(D) DISCUSSION – Appointment to Beautification Advisory Committee.
(Editorial History: Chapter 2, Article IV of the City Code provides that members of advisory committees serve two-year terms, and the terms expire on the first day of June. Unfortunately, Mr. Robert Rosa recently passed away and his term was to expire June 1, 2006.)
City of Marco Island
City Council Minutes for May 2, 2005
Page 4
MOTION by Councilor Trotter to APPOINT MS. BARBARA MURPHY TO THE BEAUTIFICATION ADVISORY COMMITTEE. Second by Councilor Arceri. Motion carried 6-0.
Recess: 7:25 p.m. to 7:35 p.m. It is noted for the record that the same Councilors were present when the meeting reconvened.
PUBLIC COMMENT (Items not on the agenda)
Mr. Newton Weiss, 101 Beachcomber, requested that the ‘no parking’ signs around the San Marco Catholic Church be put back.
(E) DISCUSSION – Child Safety.
(Editorial History: At the April 18, 2005 meeting City Council requested that Police Chief Roger Reinke provide detailed information on the Department’s monitoring of sex offenders and other specific activities the police employ in their efforts to make child safety the number one priority for Marco Island.)
Public Comment
Ms. Dawn Hollowsky, 208 Shadow Ridge Court, questioned whether “released from supervision – sex offenders” need to update their addresses.
Ms. Linda Abbott, Collier County School Board Member, expressed concern
that the majority of child victims are victimized by someone they know.
Ms. Staci Bates, 156 Gulfstream Street, suggests that Police Officers “walk the park” and not patrol from their cars.
Ms. Jamie Sabatino, 154 Bermuda Road, questioned whether “sexual offender” signs can be placed in neighborhoods where these individuals live.
Ms. Michelle Hurtley, 121 Bahama Avenue South, advised City Council that the “Mothers of Marco” keep an updated list of sexual offenders that is reviewed, and suggested that “awareness” includes locations off the Island.
Following discussion, the City Council directed the City Attorney to research whether more restrictive regulations can be enacted by the City Council.
MOTION by Councilor Arceri to SUSPEND THE 9:00 PM RULE. Second by Councilor Tucker. Motion carried 6-0.
City of Marco Island
City Council Minutes for May 2, 2005
Page 5
(F) DISCUSSION – Judge Jolley Bridge.
(Editorial History: At the March 21, 2005 City Council Meeting Councilor Tucker requested, and Council agreed, to schedule the matter of the Judge Jolley Bridge expansion for further discussion. On April 18, 2005 Councilor Tucker specifically requested that City Council consider taking a position on the proposed expansion.)
Public Comment
Mr. Ken Honecker, 632 Dorando Court, questioned the mechanics of the toll feasibility study.
Following discussion Council members agreed to review the Bridge Inspection Report and review the FDOT presentation scheduled for June 20, 2005. Councilor Minozzi and Public Works Director Rony Joel will attend the May 11, 2005 FDOT Forum to express Council’s position that the bridge is the responsibility of the State. Council asked that a Resolution be prepared.
(F) DISCUSSION – Mutual Aid Agreement with Collier County Sheriff.
(Editorial History: In January 2000 the City of Marco Island entered into a Mutual Aid Agreement for Law Enforcement Services with the Collier County Sheriff’s Office that has now expired. The contents of the new agreement are essentially the same as the previous agreement except for the expiration clause, which provides an automatic renewal of successive one-year terms. The right to cancel agreement remains unchanged allowing either party to cancel the agreement upon thirty days written notice.)
MOTION by Councilor Tucker to APPROVE THE MUTUAL AID AGREEMENT WITH THE COLLIER COUNTY SHERIFF, AND AUTHORIZE THE CHAIRWOMAN TO SIGN THE AGREEMENT. Second by Councilor Minozzi. Motion carried 6-0.
COUNCIL COMMUNICATIONS AND DISCUSSION
Following discussion City Council agreed to establish the maximum millage rate at the next Council meeting and hold the Operating Budget Workshop on August 1, 2005.
Councilor Tucker updated the City Council on the recent Tourist Development Committee meeting and the Committee’s movement toward increasing the Tourist Tax from 3% to 4%.
Councilor DiSciullo questioned whether a representative from Marco Island should accompany Commissioner Donna Fiala to Tallahassee to pursue the issue of six-lanes of I-75 to Exit 101.
City of Marco Island
City Council Minutes for May 2, 2005
Page 6
Councilor DiSciullo advised City Council she will not attend the May 16 meeting. She requested that Council continue the Public Hearing on Block Utility Rates to the June 2nd meeting.
Councilor DiSciullo commented on code violation fines that continue to accrue on two homes.
FUTURE AGENDA
Councilor DiSciullo requested that the issue regarding repeat offenders of City codes be included in a future agenda.
Councilor Arceri requested that the issue regarding changes in the legislature with respect to the monitoring of sex offenders and other legal remedies available to the City be included in 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 9:40 p.m.
Vickie Kelber, Council Chairwoman
Date:
ATTEST:
Laura Litzan, City Clerk
Date:
PREPARED BY:
Lois Gunter, Secretary
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