City Council

City of Marco Island Florida 51 Bald Eagle Drive Marco Island, Florida cityofmarcoisland.com Meeting Minutes Tuesday, February 18, 2014 5:30 PM Community Meeting Room City Council Chairman: Ken Honecker City Council: Joe Batte, Bob Brown, Larry Honig, Chuck Kiester, Amadeo R. Petricca, and Larry Sacher City Manager: Roger Hernstadt City Clerk: Laura Litzan - City Attorney: Burt Saunders City Council Meeting Minutes February 18, 2014 Notice: Formal action may be taken on any item discussed or added to this agenda. Any person who decides to appeal any decision made by the City Council with respect to any matter considered at this meeting or hearing will need a record of the proceedings and may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be heard. In accordance with the American with Disabilities Act (ADA), any person requiring special accommodations to participate in this meeting should contact City Clerk Laura Litzan 48 hours prior to the meeting by calling (239) 389-5010, or by email at Laura@cityofmarcoisland.com. ROLL CALL All Councilors were present, with the exception of Vice-Chair Sacher who attended the meeting via teleconference communication. ALSO PRESENT Roger T. Hernstadt, City Manager Guillermo Polanco, Director of Finance Laura Litzan, City Clerk Burt L. Saunders, City Attorney Don Hunter, Police Chief Mike Murphy, Fire Chief Joseph Irvin, Interim Director of Community Affairs Jeff Poteet, General Manager Water and Sewer Department Justin Martin, Senior Project Manager Gretchen Baldus, Director of Information Technology Sandra Schildhorn, Administrative Assistant Citizens and Visitors INVOCATION Reverend Tim Navin of the San Marco Catholic Church provided the invocation . PLEDGE OF ALLEGIANCE Chairman Honecker led the pledge of allegiance. APPROVAL OF AGENDA MOTION by Councilor Brown to approve the agenda. Second by Councilor Petricca. MOTION CARRIED UNANIMOUSLY 7-0. Present: 7- Councilor Batte, Councilor Brown, Chairman Honecker, Councilor Honig, Councilor Kiester, Councilor Petricca and Vice-Chair Sacher Absent: 0 COUNCIL COMMMUNICATIONS Councilor Petricca asked when discussion regarding the establishment of a Compensation and Benefits Subcommittee will be placed on the agenda. City Manager Roger Hernstadt replied that staff is in the process of preparing a spreadsheet of all City positions, including benefits and costs for his review. Council agreed to await a report from the City Manager before discussing the need for forming the subcommittee. City of Marco Island Florida Page 1 City Council Meeting Minutes February 18, 2014 Vice-Chair Sacher expressed his concerns about the ten-year old site plan for the Rose Marina and suggested that the City Attorney provide justification that the plan was approved in the appropriate manner. He feels that there should be a policy whereby all changes to the Land Development Code are brought before Council after being vetted by the Planning Board. Councilor Sacher also suggested that the City Manager work with the Planning Board to consider issuing parking stickers and temporary use permits to accommodate guest parking for home owners who are affected by illegal parking in the swales. Councilor Honig thanked citizens for visiting his website, HonigForMarco.com, and said the site has had over 800 unique visitors. Councilor Honig announced that he will host a Town Hall Meeting on Tuesday, March 11th at 9:00 a.m. in the Community Room of the Police Department, following the lead of Councilor Sacher. He urged citizens to attend and express their opinions and viewpoints. Councilor Honig said that Supervisor of Elections Jennifer Edwards suggested that the City piggy-back in time with the first mailing to go out from the Elections Office urging citizens to vote and return absentee ballots for the August 2014 election, if the City wishes to promote voting on a Mackle Park Community Center referendum item. City Manager Roger Hernstadt indicated that he has spoken with Ms. Edwards to determine a convenient time for her to address Council regarding the procedure to follow regarding the potential referendum item. Councilor Honig noted that in the Standard & Poor’s Rating Services press release which raised its rating to AA+ from AA on Marco Island’s general obligation debt, there is a bullet point that reads in part “we understand the City plans to issue up to $13 million in additional debt within the next two years.” Councilor Honig said he wanted it noted for the record that the City has neither voted for nor officially expressed an interest in borrowing $13 million in the next two years. He asked the City Manager if perhaps the Finance Director’s response to a hypothetical question by the rating agency had led to the inaccurate bullet point, which the City Manager confirmed. Councilor Honig commented on Collier County’s formal request of Marco Island regarding Route SR92A in Goodland and endorsed Chairman Honecker’s proposed initial approach of including the topic as an agenda item for a workshop between the Marco Island City Council and the Collier County Board of County Commissioners. Chairman Honecker made a request of staff to report back to Council what the City has done over the last one to two years to spurt economic development during the down turn. City Manager Roger Hernstadt responded that we can quantify things that were discontinued or supplemented and approximate the potential dollar value of those things in terms of reinstating them. CITY MANAGER’S REPORT The following reports were provided and are available to the public on the City’s website under “GOVERNMENT – City Council – Agendas & Minutes.” Granicus Civic Participation Software Report by Gretchen Baldus, Director of Information Technology Public Works Monthly Report by City Manager Roger Hernstadt in the absence of Public Works Director Tim Pinter Community Affairs Monthly Report by Joseph Irvin, Interim Director of Community Affairs Finance, Information Technology, and Human Resources Administrative Report by Finance Director Guillermo Polanco and Information Technology Director Gretchen Baldus City of Marco Island Florida Page 2 City Council Meeting Minutes February 18, 2014 Attachments: CM Report - Granicus Civic Ideas 2-18-14 FINAL PW City Managers Monthly Report 2-18-14 FINAL Community Affairs Monthly Report February 18 2014 FINAL 2.12 FarmersMarket2013Traffic_24x36 finance it hr staff report 2-18-14 FINAL CITY ATTORNEY’S REPORT City Attorney Burt Saunders reported that some of the City’s legal expenses associated with the Island Drug Apothecary lawsuit will be recouped and a payment will be made to the City by March 14, 2014. 1. CONSENT AGENDA 1(A) Council Minutes of February 3, 2014 (Regular Meeting) Attachments: Meeting Minutes February 3 2014 Regular Meeting MOTION by Councilor Petricca to approve the Consent Agenda with corrections to the minutes. Second by Councilor Honig. MOTION CARRIED UNANIMOUSLY 7-0. COMMUNITY FORUM Mr. Kelly Linman, 1250 Osprey Court, expressed his opinion regarding rezoning and suggested that the City provide a policy statement to address de facto rezoning. Ms. Kathleen Reynolds, President of the Sons and Daughters of Erin, made a request of Council to waive permitting and park rental fees, and to close Elkcam Circle instead of Park Avenue for the upcoming St. Patrick’s Day Parade on March 9th. At Chairman Honecker’s suggestion, Council concurred to waive the park fee, and to allow the City Manager to make the decision regarding the parade route. Council directed staff to report back with a definitive plan going forward regarding park rental fees. Mr. Victor Rios, 970 Cape Marco Drive, reported a safety issue regarding bikers travelling against the traffic along an area of Collier Boulevard and suggested that it be addressed to avoid potential accidents from occurring. Mr. Rios also recommended addressing the subject of traffic flow in regard to the Marriot’s plans for expansion . Mr. Bill Flasche, 1085 Bald Eagle Drive, expressed concern about who may participate in the proposed Mackle Park survey and is of the opinion that only registered voters be permitted to participate. He also stated that he takes offense to being denied the opportunity of voting because of sharing the same computer with his wife. Mr. Jim Timmerman, 831 Perrine Court, and a member of the Waterways Advisory Committee (WAC), commented about the seawall ordinances that came before Council at the last meeting. He stated that as a member of the WAC, he has been involved since 2005 with review and revision of the ordinances, and what was brought before Council was not approved by the WAC or presented to them in the same form as was presented to Council. He requested that Council provide the WAC with direction regarding how to proceed with review of these items. Mr. Monte Lazarus, 222 Waterway Court, speaking in regard to the potential Mackle Park survey, commented to be very careful the way survey questions are phrased, stating that “the way a question is worded often brings out what the answer will be.” City of Marco Island Florida Page 3 City Council Meeting Minutes February 18, 2014 Mr. Phil Kostelnik, 121 Channel Court, asked when a report will be forthcoming regarding his question at the last meeting about the high turnover of Police Officers over the past two years. Recess: 7:15 p.m. to 7:22 p.m. It is noted for the record that the same Councilors were present when the meeting reconvened. 2. BUSINESS 2(A) Ordinance - 2nd Reading - FY 2014 Budget Amendment Attachments: BUDGET RE-APPROP WORKSHEET FY14.pdf Ordinance 2nd reading Budget Amendment FY14 2-17-14.pdf (Editorial History: Each year the City prepares the budget based on estimated revenues and expenses for the upcoming year. During the course of the fiscal year, budget amendments and revisions are approved based on actual expenses. These amendments and revisions are combined into a Budget Amendment Ordinance for City Council’s consideration for the 1st Quarter of FY14. The following summarizes the significant changes to the City and Hideaway Beach FY 2014 budget.) City Clerk Laura Litzan read, by title only, the Ordinance on second reading. Finance Director Guillermo Polanco provided background information and answered Council’s questions. Public Comment None. MOTION by Councilor Petricca, seconded by Councilor Brown, that this Ordinance be approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 5- Councilor Brown, Chairman Honecker, Councilor Kiester, Councilor Petricca and Vice-Chair Sacher No: 2- Councilor Batte and Councilor Honig 2(B) Ordinance - 1st Reading - Rose Marina - Land Development Code Amendments to Sections 30-264(9) and 30-265(4) of the C-5 Zoning District Attachments: Rose Marina Site Plan.pdf Proposed Ordinance.pdf Anglers Cove comments _ 2-11-14.pdf (Editorial History: The owners of Rose Marina plan to renovate their property. They have requested two Land Development Code (LDC) amendments to help provide them the opportunity to seek a conditional use petition approval build up to a height of 60-feet.) City Clerk Laura Litzan read, by title only, the Ordinance on first reading. Interim Community Affairs Director Joseph Irvin provided background information and answered Council’s questions. City of Marco Island Florida Page 4 City Council Meeting Minutes February 18, 2014 Mr. Craig Woodward, attorney representing the Rose Marina, Mr. Dan High, Assistant General Manager of the Rose Marina, and representative from the consulting engineering firm of Turrell, Hall & Associates, Mr. Josh Maxwell and Mr. Frank Donohue, provided additional information regarding the proposed plans for renovation of the Rose Marina and answered questions. Public Comment Mr. Jim Johnson, representing the Marco Island Civic Association, stated that the Rose Marina site plan is incomplete and indiscernible and should not be considered for approval. He also commented that Anglers Cove residents should be given the opportunity to speak before Council. Mr. Mario Curiale, 820 Eubanks Court, expressed opposition to and his concerns about building a storage facility on a C-4 property. Mr. Anthony Schifano, Secretary of the Board of Anglers Cove, stated that the residents of Anglers Cove do not want to stop the planning of the project , but want to encourage the City to consider mitigation to minimize the impacts that the facilities will have on the neighbors. He expressed the concern of residents about the proximity of the proposed project to Anglers Cove and made a request of the petitioner to consider revising the site plan to provide a greater setback from the property line. He added that to accomplish increased height, the building should be moved further away from the property line and stated that, " the residents would like to see a compromise of either lowering the height and/or setting it back further and lowering the height." Mr. Kelly Linman, 1250 Osprey Court, asked for clarification of the process because he believed that he heard Mr. Woodward state that the plan will come back to Council for approval. Mr. Linman said that it is his understanding that if the petition for modifications, whereby the site plan is geographically expanded, and at the same time the holding is maintained that the 950 Bald Eagle Drive property has marina status, it will not have to come back to City Council for approval of marina uses. Mr. Ron Hatendorf, 1011 Anglers Cove, expressed concern about the distance of the proposed facility from the property line of Anglers Cove . Ms. Susan Ackerson, Director of the Marco Island Chamber of Commerce and Chairperson of Governmental Affairs, declared the Chamber’s support of the proposed Rose Marina project. Mr. Frank Perrucci, President of the Marine Industries Association of Collier County , spoke in support of the Rose Marina renovation, indicating that it is a business that is providing a need for the citizens and the marine industry, and will promote economic growth. Mr. Henry Lowe, 1063 Old Marco Lane, spoke in support of the proposed facility. Mr. Bill Flasche, 1085 Bald Eagle Drive, expressed his concern regarding the safety of citizens with the conveyance of boats across Bald Eagle Drive. MOTION by Councilor Honig, seconded by Councilor Kiester, that this Ordinance be approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 4- Councilor Batte, Councilor Brown, Councilor Honig and Councilor Kiester No: 3- Chairman Honecker, Councilor Petricca and Vice-Chair Sacher City of Marco Island Florida Page 5 City Council Meeting Minutes February 18, 2014 2(C) Award of Contract - RWPF Seawall Replacement “Part B” (excluding landscaping) for the Utility Facility Located at 807 East Elkcam Circle Attachments: RWPF Part B extents site plan.jpg (Editorial History: The Marco Island Reclaimed Water Production Facility (RWPF) is located adjacent to the Cedar canal between East Elkcam Circle and Rose Court. The original seawall along this canal was built by Deltona Corporation in the 1960 ’s and has had piecemeal repairs over the years. The original seawall is deteriorated, and as a result soil erosion and slope failures have occurred. City Council is asked to consider the award of contract for the construction of the RWPF Seawall Replacement , Part “B” Project, a component of the FY 2014 Utilities Capital Improvements Program.) General Manager of the Water and Sewer Department Jeff Poteet , and Senior Project Manager Justin Martin provided background information and answered Council’s questions. Public Comment Mr. Ray Seward, 287 Rockhill Court, inquired about the material to be used to replace the seawall. Mr. Mario Curiale, 820 Eubanks Court, commented that the seawall will require routine maintenance and spoke about drainage in regard to the material of the seawall. MOTION by Councilor Kiester, seconded by Councilor Brown, that this Discussion Item be approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Batte, Councilor Brown, Chairman Honecker, Councilor Honig, Councilor Kiester, Councilor Petricca and Vice-Chair Sacher COUNCIL COMMUNICATIONS None. FUTURE AGENDA Future Agenda - Upcoming Items Attachments: Copy of Future Agenda Councilor Batte asked for and received Council’s approval for a presentation by American Legion Post 404 that has recently opened on Marco Island. Chairman Honecker requested that staff consider revising the language in the Land Development Code regarding the computation of flood elevations due to frequent changes to the Flood Insurance Rate Map by FEMA. He also made an inquiry of the City Manager regarding the timing for the scheduling of budget workshops and asked if the letter for a joint meeting with the Board of Collier County Commissioners was distributed for Council’s review. City Manager Roger Hernstadt responded that he anticipates initial discussions regarding the budget to begin in April and that the letter to be sent to the Board of Collier County Commissioners is forthcoming. City of Marco Island Florida Page 6 City Council Meeting Minutes February 18, 2014 ADJOURN The meeting adjourned at 9:30 p.m. ___________________________________ Kenneth E. Honecker, Council Chairman ATTEST: ___________________________________ Laura Litzan, City Clerk PREPARED BY: ___________________________________ Sandra Schildhorn, Secretary City of Marco Island Florida Page 7