City of Marco Island Florida
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 – April 23, 2007 – 5:30 p.m.
Chairman Minozzi called the meeting to order and presided.
ROLL CALL
All Councilors Were Present, Except Councilor Trotter.
Also Present: A. William Moss, City Manager
Richard Yovanovich, City Attorney
Bill Harrison, Finance Director
Rony Joel, Public Works Director
Steve Olmsted Community Development Director
Don Blalock, Zoning Administrator
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
Deacon John Minarconi provided the invocation.
APPROVAL OF AGENDA
MOTION by Councilor Tucker to approve agenda. Second by Councilor Popoff. MOTION CARRIED UNANIMOUSLY 6-0.
APPROVAL OF CONSENT AGENDA
4(A) Council Minutes for April 9, 2007 (Regular Meeting)
4(B) Budget Amendment – Capital Projects
4(C) Purchase of Temporary Office Trailers
MOTION by Councilor Tucker to approve and adopt the consent agenda. Second by Councilor Popoff. MOTION CARRIED UNANIMOUSLY 6-0.
5(A) Community Conservation Celebration – Photograph, Poster and Essay Contest Winners
(Editorial History: In conjunction with Community Conservation Day, held on Saturday, March 10, 2007, the City of Marco Island sponsored a photograph contest for the creation and display of photographs that are representative of the natural beauty and ecological significance of the City of Marco Island; the Marco Island Foundation for the Arts sponsored a poster contest for students at Tommie Barfield Elementary; and the Marco Island Sun Times sponsored an essay contest for students at the Marco Island Charter Middle School and Manatee Middle School.)
On behalf of City Council, Chairman Minozzi, City Manager Bill Moss and Environmental Specialist Nancy Richie presented awards to the following contest winners:
Photograph Contest
Color Photograph Class
Linda Shockley, First Place
Edwin Bridle, Second Place
Edwin Bridle, Honorable Mention
Bernie Macauley, Honorable Mention
Black and White Photograph Class
Sarah Hurtley, First Place
Creative Expression Class
Bob Kenedi, First Place and Best of Show
Poster Contest
Tommie Barfield Elementary School
Ciera Parcelles, First Place
Jared Jackson, Second Place
Issac Alvarez, Third Place
Essay Contest
Manatee Middle School
Jessica Lopez, 6th Grade
Dora Zavala, 7th Grade
Kassie Wesley, 8th Grade
Karen Aguirre, Grand Prize
Marco Island Charter Middle School
Samantha Camposano, 6th Grade
Jimmy Meyer, 7th Grade
Alex Ward, 8th Grade
Adam Brown, Grand Prize
5(B) Report from Bike Path Committee
On behalf of the Committee, the Bike Path Committee Chairman, Mr. Pat Neale, gave a presentation on a proposed Bike Path Master Plan and responded to Council’s questions.
BUSINESS
6(A) RESOLUTION(S) – Public Hearings
(Editorial History: On February 20, 2007, the City Council approved the preliminary assessment resolutions for the Lamplighter and Sheffield special assessment areas, and directed staff to formalize these assessment areas for construction in the 2008 Septic Tank Replacement Program. City Council will now consider the final assessment resolutions and bond resolutions authorizing the issuance of bonds to finance the construction.)
Final Assessment Resolution - Lamplighter Assessment Area
City Manager Bill Moss read, by title only, the Final Assessment Resolution relating to the Construction and Funding of Wastewater Improvements in the Lamplighter Assessment Area.
Public Comment
Mr. Larry Carlen, 444 Driftwood Court, spoke in opposition to the Septic Tank Replacement Program.
MOTION by Councilor Tucker to approve the Final Assessment Resolution relating to the Construction and Funding of Wastewater Improvements in the Lamplighter Assessment Area. Second by Councilor Popoff. MOTION CARRIED 4-2. Councilor Kiester and Councilor Forcht opposed.
Bond Resolution – Lamplighter Assessment Area
City Manager Bill Moss read, by title only, the Bond Resolution Authorizing the Issuance of Special Assessment Revenue Bonds, Series 2008 (Lamplighter Assessment Area) in the Principal Amount of Not to Exceed $7,650,000 for the Principal Purpose of Funding Wastewater Collection Improvements and Wastewater Treatment Capacity Improvements to Serve the Lamplighter Assessment Area.
Public Comment
None.
MOTION by Councilor Tucker to approve the Bond Resolution Authorizing the Issuance of Special Assessment Revenue Bonds, Series 2008 (Lamplighter Assessment Area) in the Principal Amount of Not to Exceed $7,650,000 for the Principal Purpose of Funding Wastewater Collection Improvements and Wastewater Treatment Capacity Improvements to Serve the Lamplighter Assessment Area. Second by Councilor Popoff. MOTION CARRIED 4-2. Councilor Kiester and Councilor Forcht opposed.
Final Assessment Resolution – Sheffield Assessment Area
City Manager Bill Moss read, by title only, the Final Assessment Resolution relating to the Construction and Funding of Wastewater Improvements in the Sheffield Assessment Area.
Public Comment
None.
MOTION by Councilor Popoff to approve the Final Assessment Resolution relating to the Construction and Funding of Wastewater Improvements in the Sheffield Assessment Area. Second by Councilor DiSciullo. MOTION CARRIED 4-2. Councilor Forcht and Councilor Kiester opposed.
Bond Resolution – Sheffield Assessment Area
City Manager Bill Moss read, by title only, the Bond Resolution Authorizing the Issuance of Special Assessment Revenue Bonds, Series 2008 (Sheffield Assessment Area) in the Principal Amount Not to Exceed $11,000,000 for the Principal Purpose of Funding Wastewater Collection Improvements and Wastewater Treatment Capacity Improvements to Serve the Sheffield Assessment Area.
Public Comment
None.
MOTION by Councilor Popoff to approve the Bond Resolution Authorizing the Issuance of Special Assessment Revenue Bonds, Series 2008 (Sheffield Assessment Area) in the Principal Amount Not to Exceed $11,000,000 for the Principal Purpose of Funding Wastewater Collection Improvements and Wastewater Treatment Capacity Improvements to Serve the Sheffield Assessment Area. Second by Councilor DiSciullo. MOTION CARRIED 4-2.
6(B) RESOLUTION – Public Hearing – Petition No. BD-07-01, Craig Woodward of Woodward, Pires & Lombardo, P.A., as agent for Breezy Point Condominiums, property owner, requesting a 15-foot extension from the maximum permitted 20-foot protrusion into the waterway to allow for a 35-foot boat docking facility on property located at 880 Huron Court, further described as Marco Beach Unit 10, Block 336, Lot 25 & Block 337, Lot 1, Marco Island.
(Editorial History: The Breezy Point Condominium Association was notified by Code Compliance Officers that several vessels in their docking facility were protruding past the permitted 30-foot docking limit. The Association believed that the original boat dock extension approved by Council in 2001 permitted the docking of vessels 30 feet from the 5-foot wide parallel dock. The approved boat dock extension allowed 30 feet from the seawall, not the parallel dock. The petitioner’s request will bring all current vessels at the facility into compliance. The Planning Board considered the petition at their March 23, 2007 meeting and voted 5-2 to recommend approval to City Council.)
City Manager Bill Moss read, by title only, the Resolution related to Petition Number BD-07-01. Each Councilor made his or her ex-parte disclosure; all witnesses were sworn in by the City Clerk.
Public Comment
Representing the petitioner, Attorney Craig Woodward reviewed the petition and responded to Council’s questions.
Mr. Darrell Johnson, 880 Huron Court, representing the Breezy Point Condominium Homeowners Association, requested Council’s approval on the extension of the variance.
Mr. Tom Fahey, 873 Swan Drive, expressed concern about future variance requests from condominiums.
Ms. Barbara Degaetano, 881 Swan Drive, is also concerned about future requests for variances from condominiums.
MOTION by Councilor Popoff to approve Petition BD-07-01, modified to limit boat lengths to 24 feet 11 inches. MOTION FAILED FOR LACK OF SECOND.
MOTION by Councilor Tucker to approve Petition BD-07-01. Second by Chairman Minozzi. MOTION CARRIED UNANIMOUSLY 6-0.
6(C) RESOLUTION – Public Hearing – Petition No. V-07-01, Craig Woodward of Woodward, Pires & Lombardo, P.A., as agent for Breezy Point Condominiums, property owner, requesting a 2.2-foot variance from the riparian line setback of 15 feet adjacent to Lot 2, and a 14.3-foot variance from the riparian line setback of 15 feet adjacent to Lot 24, for a boat docking facility on property located at 880 Huron Court, further described as Marco Beach Unit 10, Block 336, Lot 25 & Block 337, Lot 1, Marco Island.
(Editorial History: In addition to the companion petition for boat dock extension BD-07-01, the Breezy Point Condominium Association wishes to leave its 5-foot parallel dock where is it currently located. The Planning Board considered the petition at their March 23, 2007 meeting and voted 5-2 to recommend approval to City Council.)
City Manager Bill Moss read, by title only, the Resolution related to Petition Number V-07-01. Each Councilor made his or her ex-parte disclosure; all witnesses were sworn in by the City Clerk.
Public Comment
None.
MOTION by Councilor Tucker to approve Petition V-07-01. Second by Councilor Popoff. MOTION CARRIED UNANIMOUSLY 6-0.
Recess: 7:03 p.m. to 7:19 p.m. It is noted for the record that the same Councilors were present when the meeting reconvened.
6(D) DISCUSSION – Interlocal Agreement – Caxambas Park Boat Dock for Fire-Rescue and Police Vessels.
(Editorial History: City Council is asked to consider an Interlocal Agreement with Collier County to permit the City’s Fire-Rescue/Police vessel to be moored at Caxambas Park.)
MOTION by Councilor Kiester to authorize the City Manger to enter into an Interlocal Agreement with Collier County to permit the mooring of the City’s Fire-Rescue/Police vessel at Caxambas Park. Second by Councilor Popoff. MOTION CARRIED UNANIMOUSLY 6-0.
6(E) DISCUSSION – Budget Amendment – Fire Salaries.
(Editorial History: On April 9, 2007, City Council approved salary increases for members of the Fire Department. Council’s action requires a budget amendment to fund the increased costs for the remaining balance of FY 2007.)
Public Comment
Mr. Larry Carlen, 444 Driftwood Court, suggested that Council consider a Public Safety Department concept.
MOTION by Councilor Kiester to approve budget amendment to fund Fire Department salary and benefit increases. Second by Councilor Tucker. MOTION CARRIED 5-1. Chairman Minozzi opposed.
6(F) DISCUSSION – Bridge Toll Study.
(Editorial History: After a brief discussion on this matter at the April 9, 2007 City Council meeting, Councilman Tucker asked that City Council schedule a discussion regarding the ongoing Bridge Toll Study.)
Public Comment
Mr. John Owshanik, 766 Plantation Court, commented on the amount of taxes that Marco Island pays and suggested we insist on a new bridge.
MOTION by Councilor Tucker to direct the City Manager to draft a resolution opposing a toll to fund the Jolly Bridge. Second by Councilor DiSciullo. MOTION CARRIED 5-1. Chairman Minozzi opposed.
6(G) DISCUSSION – CARES Lawsuit.
(Editorial History: On March 5, 2007 City Council considered claims for litigation expenses associated with Citizens Advocating Responsible Environmental Solutions, Inc., Douglas H. Enman and Frances Enman vs. The City of Marco Island and Quality Enterprises USA, Inc. City Council decided not to pursue recovery of legal fees or the seeking of sanctions against CARES and/or other individuals at that time. On or about April 12, 2007 CARES filed a Complaint for Declaratory Relief in the Circuit Court of the Twentieth Judicial Circuit. Due to the filing of this Complaint, the City and its citizens are once again required to spend tax dollars to defend yet another lawsuit initiated by CARES. City
Council is asked whether it may be appropriate to reinstitute a claim for legal fees and other legal actions associated with CARES.)
MOTION by Councilor Popoff to direct the City Manager to reinstate claims for legal expenses and sanctions against CARES. Second by Councilor Tucker. MOTION CARRIED 5-1. Councilor Kiester opposed.
COMMUNITY FORUM
Mr. Darrell Brown, 550 Fieldstone Drive, commented about the new lighting on Collier Boulevard.
Mr. Richard Stone, 21 Hickory Court, commented on two empty lots across the canal being used for Seawall Construction and suggested the ordinance be revised.
Mr. Robert Glaub, 46 Gulfport Court, commented on the application of the four-minute rule when addressing City Council at meetings.
Mr. Ken Honecker, 632 Dorando Court, commented on the crab traps in Smokehouse Bay and other waterways.
Ms. Eileen Ward, 1142 Vernon Place, commented on the status of the new transfer center.
COUNCIL COMMUNICATIONS AND DISCUSSION
Councilor Popoff asked about helmet laws for minors, and suggested the police department issuing warning tickets for violators.
Councilor Popoff provided his support for Marco Island as a bicycle-friendly community.
Councilor DiSciullo reminded Council that a round table discussion with the police department is scheduled to be held at Mackle Park.
Councilor DiSciullo requested that the sign directing traffic down Kendall Drive be relocated. MOTION by Councilor DiSciullo to move the directional sign for Kendall Drive back to Tigertail Court. Second by Councilor Forcht. MOTION CARRIED 5-1. Chairman Minozzi opposed.
Councilor DiSciullo suggested that new Councilors attend the Florida League of Cities Conference.
Councilor DiSciullo thanked Finance Director Bill Harrison for his Budget Presentation.
Councilor Forcht commented about complaints from the neighborhood concerning the South Heathwood Water Plant staging area.
Councilor Kiester commented on complaints on traffic construction areas and suggested additional police details in that area.
FUTURE AGENDA
None.
ADJOURN
There being no further business to come before City Council, the meeting adjourned at 9:00 p.m.
_______________________________
Michael F. Minozzi, Jr., Chairman
Date: _________________________
ATTEST:
_______________________________
Laura Litzan, City Clerk
Date: _________________________
PREPARED BY:
_______________________________
Debbie McCabe, Secretary
Date: _________________________
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