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September 28, 2006 Special-Called Meeting

City Council Minutes
                  
Chairwoman:  Terri DiSciullo
City Council:  Ted Forcht, Chuck Kiester, Michael F. Minozzi Jr.,
Robert J. Popoff, William D. Trotter, E. Glenn Tucker  

Special-Called Meeting – September 28, 2006 – 5:00 p.m.
Chairwoman DiSciullo called the meeting to order and presided.


ROLL CALL
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All Councilors were present, except Councilor Forcht who was absent.    

Also Present:   A. William Moss, City Manager
Richard Yovanovich, City Attorney
Bill Harrison, Finance Department Director  
Tim Pinter, Public Works Senior Project Manager
Bryan Milk, Acting Community Development Director
Dana Souza, Parks and Recreation Director
Michael Murphy, Fire Chief
Roger Reinke, Police Chief
Lisa Douglass, Public Information Coordinator
Debbie McCabe, Administrative Assistant
Other interested citizens and visitors  
                
BUSINESS
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(A)     RESOLUTIONS – Reimbursement of Legal Fees for Recall Petitions.

(Editorial History:  At the September 18, 2006 City Council meeting, Chairwoman DiSciullo added this item for discussion due to the time sensitive nature of the matter.  On September 25, 2006, City Council called a Special Meeting for Thursday, September 28, 2006 to consider resolutions regarding the reimbursement of legal fees for those Councilors who may challenge the legal sufficiency of the recall petition in circulation at this time and to clarify that there is no intent to seek reimbursement of legal fees from citizens who sign the petition.)

City Manager Bill Moss, read by titles only, the Resolutions to clarify the decision to reimburse legal expenses for Councilman Michael Minozzi, Councilman William Trotter and Councilman E. Glenn Tucker.

PUBLIC COMMENT
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Mr. Edward S. Marco, 4000 Royal Marco Way, asked for a concise explanation about this case concerning legal fees.  

Mr. Roger Hall, 1260 Osprey Court, stated that he would like to see an agreement regarding legal fees signed by both sides.  

Mr. Richard McInnis, 741 Holly Court, said he signed the petition because he does not feel we should take his tax dollars and pay for them to keep their jobs because Council is not listening to the majority.
Mr. Ed Issler, 908 South Joy Circle, felt there is a misnomer as to what we are defining as a majority, and we have to maintain the principles of our democratic form of government.  

Reverend Joy Baumgartner, 537 Nassau Road, shared her concerns about what is happening with our City Council and our City.  She supports the City Council’s efforts to defend themselves and believes she is part of the majority.

Mr. Bill McMullan, 1250 North Collier Boulevard, urged City Council not to prematurely pass the resolutions.  He believes these resolutions should  be rescinded until there is a petition certified before them.  

Mr. Kjell Pettersen, 350 Rockhill Court, is against attorney fees for Councilors and believes they should defend themselves.

Mr. Charles Murray, 1620 Begonia Court, felt a recall is part of the democratic system and let the chips fall where they may.

Ms. Ann Batte, 240 Marquesas Court, read a letter dated September 27, 2006 from the Law Firm of Samuel C. Gold representing Roger Hall, Chairman of the Recall Committee.

Mr. Doug Enman, 701 Nautilus Court, read a letter from Mr. Butch Neylon.   

Mr. Richard Heinrich, 590 North Barfield, feels there is a communication problem that needs to be addressed and suggested to not mount a plaintiff’s legal challenge, but have a referendum instead.

Mr. Vincent Leone, 444 Driftwood Court, believes when City Council passed the resolution to pay for the attorney fees that it is a conflict of interest.

Ms. Cynthia Rell, 1025 Bald Eagle Drive, thanked the City Council and City Manager for doing this job and agrees with the resolutions and attorney fees.  

Mr. Jerry Gibson, 2041 San Marco Road, does not feel that 10%-15% is the majority and we are obligated to pay legal fees for our elected officials so they are able do their jobs whether we agree or not.  

MOTION by Chairwoman DiSciullo to accept the resolution relating to Councilor Trotter.  Second by Councilor Popoff.  Councilor Trotter abstained from voting.  MOTION CARRIED UNANIMOUSLY 5-0.

MOTION by Chairwoman DiSciullo to accept the resolution relating to Vice-Chairman Tucker.  Second by Councilor Popoff.  Vice-Chairman Tucker abstained from voting.  MOTION CARRIED UNANIMOUSLY 5-0.
 
MOTION by Chairwoman DiSciullo to accept the resolution relating to Councilor Minozzi.  Second by Councilor Popoff.  Councilor Minozzi abstained from voting.  MOTION CARRIED UNANIMOUSLY 5-0.


ADJOURN
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There being no further business to come before City Council, the meeting adjourned at 6:35 p.m.




_________________________________                                                       
Terri DiSciullo, Council Chairwoman
Date:                                           


ATTEST:

_________________________________                                                       
Laura Litzan, City Clerk
Date:                                           


PREPARED BY:
_
________________________________                                                        
Debbie McCabe, Secretary
Date:                                           



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