City Council Minutes
Chairman: Michael F. Minozzi Jr.
City Council: Terri DiSciullo, Ted Forcht, Chuck Kiester,
Robert J. Popoff, William D. Trotter, E. Glenn Tucker
Regular Meeting
March 19, 2007 – 6:00 p.m.
Chairman Minozzi called the meeting to order and presided.
ROLL CALL
All Councilors were present, except Councilor Forcht.
Also Present:
A. William Moss, City Manager
Rich Yovanovich, City Attorney
Bill Harrison, Finance Director
Rony Joel, Public Works Director
Steven Olmsted, Community Development Director
Bryan Milk, Senior Planner
Dana Souza, Parks and Recreation Director
Michael Murphy, Fire Chief
Roger Reinke, Police Chief
Lisa Douglass, Public Information Coordinator
Laura Litzan, City Clerk
Other interested citizens and visitors
INVOCATION AND PLEDGE OF ALLEGIANCE
Reverend Joy Baumgartner, United Church of Marco Island provided the invocation; student Mayra Ortega led the Pledge of Allegiance.
APPROVAL OF AGENDA
MOTION by Councilor DiSciullo to approve the agenda. Second by Councilor Popoff. MOTION CARRIED UNANIMOUSLY 6-0.
PUBLIC COMMENT (ITEMS NOT ON THE AGENDA)
Mr. Phil Kostelnik, 121 Channel Court, commented on the need for a law banning all cell phones while driving.
Mr. Roger Hall, 1260 Osprey Court, commented on installing reuse irrigation lines along with the sewer lines.
Mr. Ken Honecker, 632 Dorando Court, questioned who will have the final say on whether a toll bridge is installed.
Mr. Ken Allen, 1265 Fruitland Avenue, suggested that Council encourage more public participation.
Mr. Butch Neylon, 764 Hernando Drive, commented on the estimates for reuse water lines.
Mr. Russ Colombo, 755 Plantation Court, questioned the public records law.
CONSENT AGENDA
(A) Council Minutes March 5, 2007 (Regular Meeting)
(B) Budget Amendment – Police Pension
(C) Appointment to Arts Advisory Committee
(D) Appointment to Hideaway Beach Tax Board of Supervisors
(E) Water Truck Purchase
(F) Award of Contract – North Collier Boulevard Landscape Improvements
MOTION by Councilor Tucker to approve and adopt the consent agenda. Second by Councilor DiSciullo. MOTION CARRIED UNANIMOUSLY 6-0.
PRESENTATIONS
(A) Proclamation for American Cancer Society “Relay for Life.”
On behalf of City Council, Councilor DiSciullo presented the Proclamation for “Relay for Life.”
On behalf of City Council, Chairman Minozzi presented former Chairwoman DiSciullo with a plaque commending her for her service as Council Chair.
(B) Report on Copper Pipe Pinhole Leaks
(Editorial History: At the March 5, 2007 Council meeting, Council requested that City staff provide a report on the many leaks in copper pipes reported by our citizens.)
Public Works Director Rony Joel, Senior Project Manager Bruce Weinstein, and Professor Steve Medlar of Rutgers University provided information on Copper Pipe Pinhole Leaks.
Public Comment
Mr. Dennis Morrisette, 1248 Orange Court, commented that pitting is a problem and that the copper industry denies any responsibility. He suggested that a task force on this matter be convened.
Ms. Linda McCune, 1596 Shores Court, questioned whether lower interest loans could be arranged for homeowners that are having problems.
Mr. Anthony Colondona, 828 North Barfield Drive, commented that he recently had a leak.
BUSINESS
(A) DISCUSSION – Collier Boulevard Median Configuration at Bayside Court.
(Editorial History: Council has requested that City staff review the performance of the median pavement between Saturn Court and Amazon Court.)
Public Comment
Ms. Ruth McCann of the Marco Island Civic Association Board of Directors supports the modifications of the medians.
Ms. Ann Tiernan, 270 North Collier Boulevard, Sussex #306, requested that Council reconsider the original design.
Mr. Mark Geis, 270 North Collier Boulevard, Sussex #303, supports the original design of the medians.
Mr. John Ranieri, 270 North Collier Boulevard, Sussex #601, supports the original design.
Mr. Joseph Oliverio, owner of Joey’s Pizzeria, requested that Council modify the current median configuration that exists to extend the medians toward each other by approximately 70 feet to reduce the opening size and include the addition of crosswalks.
Ms. Brenda DeSimone, 1180 Winterberry Drive, requested that Council modify only extensions to the current medians to allow more area for landscape and access.
Ms. Barb Cooper, 122 Clyburn Street, supports the original design concept.
MOTION by Councilor DiSciullo to return to the original median design for North Collier Boulevard from Amazon Court to Saturn Court. Second by Vice-Chair Trotter. MOTION CARRIED 4-2. Councilor Popoff and Chairman Minozzi opposed.
Recess: 8:10 p.m. to 8:30 p.m. It is noted for the record that the same Councilors were present when the meeting reconvened.
(C) ORDINANCE – First Reading & Public Hearing – An Ordinance to Amend the Comprehensive Plan (continued from the meeting of March 5, 2007).
(Editorial History: This item was considered by City Council at the February 20, 2007 Council meeting and tabled to the March 5, 2007 meeting to allow for further consideration of proposed amendments. City Council requested that staff provide a revised alternative for further consideration at the March 19, 2007 City Council meeting.)
City Manager Bill Moss read, by title only, the Ordinance Amending the Marco Island Comprehensive Plan.
Public Comment
Mr. Craig Woodward, representing Marco River Marina, clarified that the marina and the C-4 Parcel are not in the Community Commercial District.
Mr. Tim Hancock, Director of Planning for Davis Engineering, sought confirmation that the implementation date for density reduction is 2013.
Mr. Bill Rose, President of Marco River Marina, commented that he hopes that one of his grandson’s will be willing to operate the marina in the future.
Mr. Peter Rose, Assistant to the President of Marco River Marina, advised Council that he will be working more closely with the marina in the future.
Attorney Fred Kramer, who represents clients with property in the Collier Boulevard and Winterberry sub-districts, questioned the need to reduce density.
Ms. Ruth McCann of the Marco Island Civic Association Board of Directors supports the reduction of density.
MOTION by Vice-Chair Trotter to continue meeting past 9:00 p.m. Second by Councilor Popoff. MOTION CARRIED 5-1. Councilor Tucker opposed.
Ms. Cathy Gorman, 710 East Elkcam Circle, commented that any reduction of density would affect her property.
Mr. Keith Pershing, owner of Island Automotive, commented that communication is important and that density reduction needs to be reviewed.
Mr. Tony Iannotta, 650 Century Court, was concerned about the cost of rentals that may be impacted.
Mr. Ken Honecker, 632 Dorando Court, suggested that density be reduced on Track K.
MOTION by Vice-Chair Trotter to adopt on first reading the Ordinance amending the Comprehensive Plan and authorize the City Manager to transmit the proposed amendments to the Florida Department of Community Affairs, with the exception of C-5 and Veterans Community Park that will be referred back to the Planning Board. Second by Councilor Kiester. MOTION CARRIED 4-2. Councilor Tucker and Councilor Popoff opposed.
(B) DISCUSSION – Construction Staging Areas and Settlement Agreement with Quality Enterprises USA, Inc.
(Editorial History: City Council agreed to schedule a discussion regarding the current status of the construction staging area at the Veterans Community Park [Glon Property]).
Public Comment
Mr. Ed Issler, 908 S. Joy Circle, advised Council that the neighborhood supports this agreement.
Mr. John Ranieri, 270 North Collier Boulevard, Sussex #601, expressed his dissatisfaction with the construction activities in vacant lots.
Mr. Butch Neylon, 764 Hernando Drive, commented on the terms of the contract with Quality Enterprises.
Mr. Bob Brown, 473 West Joy Circle, supports the plan with Quality Enterprises.
Mr. John Owshanik, 766 Plantation Court, expressed his opinion on the contract.
Mr. Phil Kostelnik, 121 Channel Court, commented on the purchase of the Glon property.
MOTION by Councilor DiSciullo to approve the contract with Quality Enterprises USA, Inc. within stated timeframes for Sites A, B, and C; and approve the transfer of up to $150,000 from the Capital Contingencies Funds for the site preparation, irrigation, and sodding of Site C. Second by Councilor Popoff. MOTION CARRIED UNANIMOUSLY 6-0.
MOTION by Councilor DiSciullo to approve acquire staging areas associated with the Winterberry Bridge Replacement Project, including Tract C. Second by Councilor Popoff. MOTION CARRIED UNANIMOUSLY 6-0.
(D) ORDINANCE – First Reading & Public Hearing – An Ordinance Authorizing a Referendum Proposing an Amendment to the City Charter and the Issuance of Bonds to Partially Finance the STRP.
(Editorial History: On March 5, 2007 City Council discussed the latest STRP financing option. City Council is asked to consider an ordinance authorizing a referendum proposing an amendment to the Marco Island City Charter to exclude from the expenditure limitation those expenditures which are funded by General Obligation Bonds or other obligations, including loans, and approving the Issuance of General Obligation Bonds in one or more series or loans not to exceed $88,600.000, and maturing in not more than 25 annual installments.)
City Manager Bill Moss read, by title only, the Ordinance authorizing a Referendum proposing an amendment to the City Charter and the Issuance of General Obligation Bonds not to exceed $88,600,000 to partially finance the construction of sewer lines for the Septic Tank Replacement Program.
Public Comment
Dr. Faye Biles, 1588 Heights Court, expressed concern about the spending cap.
Mr. Russ Colombo, 755 Plantation Court, questioned whether the STRP should go forward.
MOTION by Councilor DiSciullo to adopt on first reading the Ordinance Authorizing a Referendum Proposing an Amendment to the City Charter and the Issuance of General Obligation Bonds not to Exceed $88,600,000 to Partially Finance the Construction of Sewer Lines for the Septic Tank Replacement Program (STRP), revised to make the ballot language specific to the STRP. Second by Vice-Chair Trotter. MOTION CARRIED 4-2. Councilor Kiester and Councilor Tucker opposed.
(E) RESOLUTION – Public Hearing – Petition CU-06-04, RIBA of PK Architects Incorporated, representing the First Baptist Church of Marco Island, is requesting a conditional use in order to increase the church seating from 220 seats to 420 seats; to provide a new private high school with a maximum of 100 students; and to redevelop the existing campus with a new two story building including revised parking, access and infrastructure facilities. The subject church is located at 1450 Winterberry Drive, and further described as Tract “B”, Unit 8 in Sections 16 and 17, Township 52 South, Range 26 East, City of Marco Island.
(Editorial History: The purpose of this public hearing is for City Council to consider a conditional use request pursuant to Sections 30-84(1) and 30-84(2) of the Marco Island Land Development Code (LDC) for the First Baptist Church of Marco Island. At the February 23, 2007 Planning Board meeting, the Planning Board recommended 7 to 0 in favor of the petition subject to the stipulations provided in the Resolution.)
City Manager Bill Moss read, by title only, the Resolution Granting Conditional Use Approval to Increase the Church Seating from 220 Seats to 420 Seats; to provide a new private high school with a maximum of 100 students; and to redevelop the existing campus with a new two story building including revised parking, access and infrastructure facilities. Each Councilor made his or her ex-parte disclosure; all witnesses were sworn in by the City Clerk.
Public Comment
Mr. Chris Black, 496 Worthington Street, spoke in support of the petition.
MOTION by Councilor Tucker to approve Petition CU-06-04. Second by Councilor Popoff. MOTION CARRIED UNANIMOUSLY 6-0.
(F) RESOLUTION – Public Hearing – Petition OSP-06-01, RIBA of PK Architects Incorporated, representing the First Baptist Church of Marco Island, is requesting 39 off-street parking spaces at Winterberry Park, located at the northeast intersection of Winterberry Drive and Peacock Terrace, further described as Tract “A”, Unit 8, in Section 17, Township 52 South, Range 26 East, City of Marco Island.
(Editorial History: City Council is asked to consider a request to approve an off-street parking petition to allow for the use of 39 off-street parking spaces at Winterberry Park for the First Baptist Church of Marco Island.)
City Manager Bill Moss read, by title only, the Resolution to Approve Petition OSP-06-01 for the First Baptist Church of Marco Island requesting 39 off-street parking spaces at Winterberry Park. Each Councilor made his or her ex-parte disclosure; all witnesses were sworn in by the City Clerk
Public Comment
None.
MOTION by Councilor Popoff to approve Petition OSP-06-01. Second by Councilor Tucker. MOTION CARRIED UNANIMOUSLY 6-0.
(G) DISCUSSION – Temporary Suspension of Underground Power Line Project.
(Editorial History: City Council is asked to consider a temporary suspension of the underground power line project.)
Following a brief discussion, Council agreed to temporarily suspend the underground power line project.
City Manager Bill Moss advised that there will be discussions concerning this item in the next few months and Council will consider this item again during the Capital Improvement Plan (CIP) Workshop in May 2007.
(H) DISCUSSION – Traffic Signal Operations.
(Editorial History: Councilor Kiester requested that Council review the operating hours for each flashing light feature of the nine traffic signals.)
MOTION by Councilor Kiester to defer this item to the next Council meeting. Second by Councilor Tucker. MOTION CARRIED UNANIMOUSLY 6-0.
(I) DISCUSSION – Council Appointment to Collier County Coastal Advisory Committee.
(Editorial History: Council is asked to consider recommending the appointment of a Councilor or reappointment of Councilor Tucker to the Collier County Coastal Advisory Committee.)
MOTION by Chairman Minozzi to nominate Councilor Tucker to the Collier County Coastal Advisory Committee. Second by Councilor Popoff. MOTION CARRIED UNANIMOUSLY 6-0.
COUNCIL COMMUNICATIONS AND DISCUSSION
Councilor Tucker requested discussion on the firefighter’s salaries.
Chairman Minozzi advised Council that he has been working with Dianne Flagg, Director for Department of Alternative Transportation Modes, to obtain a grant for us to landscape the north side of the S.S. Jolley Bridge.
FUTURE AGENDA
Councilor DiSciullo requested discussion on staging areas along with the Capital Improvement Plan (CIP).
Councilor DiSciullo requested information concerning installation of reuse lines.
PUBILC COMMENT (ITEMS NOT ON THE AGENDA)
None.
ADJOURN
There being no further business, the meeting adjourned at 11:53 p.m.
(signature page to follow)
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Michael F. Minozzi, Jr., Council Chairman
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ATTEST:
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Laura Litzan, City Clerk
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PREPARED BY:
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Debbie McCabe, Secretary
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