Marco Island’s bike path advisory committee dissolved on Monday as City staff recommended its compliance with Sunshine Laws.
“Some of the issues we wanted to kind of course correct for was compliance with the Sunshine Laws,” said City Clerk Joan Taylor during Monday night’s Council meeting.
Just as Taylor presented the changes necessary to bring the longstanding committee into compliance with Sunshine Laws, Council dissolved the Committee instead.
Council had requested the resolution to bring the Ad Hoc Bike Lanes and Shared Paths Advisory Committee, which had been in operation since at least 2006, into compliance during a Council meeting in March. Taylor came back with the resolution on Monday.
“I’ll support this decision. Bring it into conformity,” maintained Councilor Darrin Palumbo during Monday’s meeting.
Taylor outlined what the committee needed to do to come into compliance with the Sunshine Laws, including that meetings need to be announced; the public needs to be invited into a public space; agendas are to be available to the public to read in advance, and minutes are to become available after each meeting.
The resolution addressed other matters of concern, including that the Committee consist of Marco Island residents. Councilman Stephen Gray had wanted there to also be term limits for members, he said.
However, the swift change in direction from Council working to bring the Committee into compliance on Monday came as Councilwoman Bonita Schwan declared: “I am in opposition of this resolution. One of the main reasons is this is a committee we do not need. We have too many committees,” she said.
Instead, Schwan said, Marco Island receives $14 million from the Collier County Metropolitan Planning Organization “on autopilot.” So, the Committee is no longer needed to bring in that money, she added.
Marco Island residents Kevin Dohm and Al Musico serve on a county advisory committee that works with the MPO and can continue their work there, Schwan said.
"Philosophically, I’m pro term limits. But if we had put term limits on Al Musico, we would be toast in terms of fundraising,” said Council Chairman Erik Brechnitz.
City Manager Mike McNees was taken aback by the change in course.
“We can’t just authorize a couple citizens to go off to the MPO and speak for you,” McNees said.
But, just prior to a Council vote, as Schwan requested again, the Council did not vote on the resolution to bring the ad hoc bike path advisory committee into the Sunshine, thus having the effect of dissolving the committee instead.
E-Bike Safety Ordinance and Education
Just as Collier County addresses safety concerns of motorized bicycles with a county ordinance, Marco Island is considering an ordinance for the city.
Marco Island Chief of Police Tracey Frazzano presented data on Marco Island safety statistics and recommendations for the island that would coordinate with County efforts.
City Attorney Alan Gabriel is to draft the ordinance, which will come before Council on a future agenda.
Key aspects of the ordinance include education at schools, bike shops, parks, and other avenues. The speed limit on sidewalks and paths will be 15 miles per hour, which is the same as the new Collier County ordinance. Although Collier County had age requirements for different categories of e-bikes operated on roads, based on their speeds, versus sidewalks and paths, the City recommendation is to avoid age differences.
Speed limits can be painted on paths to avoid more signs.
A suggestion by Schwan to restrict e-bikes from some high pedestrian areas was not fully supported. Children will not be allowed to ride their e-bikes in the parks unless they are pedaling the bikes.
Of the 91 incidents involving bicycles on Marco Island in the past three years, the minority of them, 25, were caused by e-bikes, said Frazzano.
Instead, the main concern was traffic turning into the right-of-way of bicycles and e-bikes, she said.
Penalties for e-bike speed limit violations and other violations would include fines and impoundment, with parents being responsible for juvenile violations, Frazzano suggested.
Resident Mike Josephs spoke in support of public education for adults, children, and pedestrians alike. When he rides his e-bike in high pedestrian areas, the use of earbuds and headphones prevents him from being able to communicate to pedestrians that he is passing, he said. E-bikes provide another method of transportation and are used not just by children, but also by work commuters to restaurants and other employers.
Chairman Erik Brechnitz pondered enforcement.
“How are you going to enforce this thing?” he asked Frazzano. “You’re not going to run the radar gun on these bikes,” Brechnitz said.
Frazzano said the focus would be education, patrols would be in the high traffic areas, and she did suggest police staffing be adequate to enforce the ordinance should it pass.
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