City Council

City of Marco Island Florida 51 Bald Eagle Drive Marco Island, Florida cityofmarcoisland.com Meeting Minutes - Final Monday, May 19, 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 - Final May 19, 2014 1. Call to Order 2. Roll Call Present: 7- Councilor Batte, Councilor Brown, Chairman Honecker, Councilor Honig, Councilor Kiester, Councilor Petricca and Vice-Chair Sacher Absent: 0 Also Present Roger T. Hernstadt, City Manager Laura Litzan, City Clerk Burt L. Saunders, City Attorney Guillermo Polanco, Director of Finance Don Hunter, Police Chief Mike Murphy, Fire Chief Tim Pinter, Director of Public Works Jeff Poteet, General Manager Water and Sewer Department Betty Hernandez, Planning Administrator Gretchen Baldus, Director of Information Technology Sandra Schildhorn, Administrative Assistant Citizens and Visitors 3. Invocation by Reverend Kirk Dreiser, Wesley United Methodist Church 4. Pledge of Allegiance led by Chairman Honecker 5. Approval of agenda and consent agenda MOTION by Councilor Brown, seconded by Councilor Petricca, to approve the agenda and consent agenda. MOTION FAILED BY THE FOLLOWING VOTE: Yes: 1- Councilor Petricca No: 6- Councilor Batte, Councilor Brown, Chairman Honecker, Councilor Honig, Councilor Kiester and Vice-Chair Sacher MOTION by Vice-Chair Sacher, seconded by Councilor Honig, approving the agenda and consent agenda, amended to remove Item 11, ID 14-248, “An Ordinance establishing a Code Enforcement Special Magistrate,” and Item 12a, ID 14-246, “A Resolution requiring that all proposed ordinances shall be drafted by the City Attorney in consultation with City staff.” MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Councilor Batte, Councilor Brown, Chairman Honecker, Councilor Honig, Councilor Kiester and Vice-Chair Sacher No: 1- Councilor Petricca [Approval of Consent Agenda passes all routine items indicated by asterisk (*). Consent Agenda items are not considered separately unless a council member so requests. In the event of such a request, the item is returned to the Regular Agenda.] City of Marco Island Florida Page 1 City Council Meeting Minutes - Final May 19, 2014 6. City Council Items a. (*)Approval of Minutes Council Minutes of May 5, 2014 b. Discussion Items Proposed Future Agenda Items - June 2, 2014 City Council Meeting exclusively dedicated to the Marriott PUD - Councilor Petricca c. Council Communications Chairman Honecker thanked Police Chief Don Hunter for his service to the community, and wished him the best of luck as he leaves employment with the City and embarks on a new endeavor. Council engaged in a discussion regarding how to proceed at the June 2, 2014 Council meeting in regard to the first reading of the Marriott PUD Amendment . In anticipation of a large turnout of citizens wishing to comment, Council agreed to begin the meeting a half hour earlier, at 5:00 p.m., to abide by the four (4) minute rule for public comment, and to only waive the rule at the discretion of Council when deemed appropriate. Council concurred, however, to honor a prior request made by Mr. Bob Olson for additional speaking time, and agreed to allow him eight (8) minutes for commentary. 7. City Manager's Report a. Departmental Reports City Manager’s Report Parks and Recreation Report - Mindy Gordon, Recreation Manager Finance, HR, IT Reports - Gill Polanco, Finance Director & Gretchen Baldus, IT Director Growth Management Report - Betty Hernandez, Planning Administrator b. Community Announcements Community Announcements City Clerk Laura Litzan announced community events for May 19th through June 2nd. 8. City Attorney's Report City Attorney Burt Saunders asked Council for clarification of how to interact in the future regarding requests from Councilors. Vice-Chair Sacher made a request of the City Attorney to respond to an e -mail he received from a concerned citizen regarding the legality of his participation at City Council meetings via the telephone. Attorney Saunders reported that with an approval by a consensus of Council prior to the City of Marco Island Florida Page 2 City Council Meeting Minutes - Final May 19, 2014 commencement of a meeting, it is permissible for a member of Council to attend a City Council meeting via the telephone as long as there is a quorum of Councilors sitting in the room. At the request of Chairman Honecker, Attorney Saunders explained why a referendum would not be considered as a final resolve regarding the Marriott expansion. He explained that the primary reason is because there are no mechanisms in the City’s ordinances for submitting this issue for decision making through a referendum, and that matters of this type have to be determined on competence of substantial evidence, based on technical information, and not decided upon based on public comment. 9. Citizens' comments on agenda items not scheduled for public hearing and items other than those appearing on the agenda. Mr. Bob Olson, 900 Montego Court, expressed opposition to the Marriott’s expansion project, and urged Council to focus on solutions for a project that meets modernization needs, but does not affect the residential community forever. Additionally, Mr. Olson complimented the City Attorney and City staff for their excellent drafting of the ordinance to establish a code enforcement magistrate. Ms. Karina Paape, 295 Shadow Ridge Court, communicated her concerns and opinions about the Marriott expansion, and voiced criticism of the Marriott and also of the City regarding their management of the issue. Mr. Vic Rinke, l00 Lamplighter Drive, said that he is concerned about the effect of water runoff on our water quality and about the impact and the lasting effect the three-year construction project will have on the community. Mr. Bill Harris,101 Greenview Street, is of the opinion that a referendum of the people is the fairest way to handle the Marriott expansion proposal. Mr. Thomas Fisher, 1024 Fieldstone Drive, questioned whether the Marriott Crystal Shores walkway will ever be constructed. Mr. Bill McMullan, Seaview Court, articulated his support of the Marriott expansion. Mr. Tom McCullough. 720 North Collier Boulevard, voiced his opinion about the Marriott expansion, and urged Council to vote against it. Dr. Bill Trotter, 720 North Collier Boulevard, commented that the proposed tax increase to reduce City debt is not necessary, and that the problem is related to the Utility and not to the General Fund. He also expressed his opinion regarding issues in regard to the Marriott expansion, and advised Council to consider alternatives to the current plan. RECESS: 7:00 P.M. TO 7:15 P.M. IT IS NOTED FOR THE RECORD THAT THE SAME COUNCILORS WERE PRESENT WHEN THE MEETING RECONVENED. 10. Quasi-Judicial Public Hearings: None. 11. Ordinances An Ordinance Establishing a Code Enforcement Special Magistrate Editorial Note: By a consensus of Council, this item was removed from the agenda. City of Marco Island Florida Page 3 City Council Meeting Minutes - Final May 19, 2014 12. Resolutions for Adoption a Resolution requiring that all proposed ordinances shall be drafted by the City Attorney in consultation with City Staff Editorial Note: By a consensus of Coucil, this item was removed from the agenda. b Public Parking on Publicly Owned Properties - Exclusion of Certain Alleys (Editorial History: Alternatives to on-site parking have recently been discussed by both members of City Council and the Planning Board. Factors including, but not limited to safety, economic benefit and quality of life, are associated with street/alley parking. After significant analysis by the Planning Board, Resolution 14-09 is presented for consideration.) City Clerk Laura Litzan read Resolution number 14-09 into record by title only. City Manager Roger Hernstadt provided background information and Public Works Director Tim Pinter answered Council's questions. Public Comment None. MOTION by Councilor Petricca, seconded by Councilor Brown, to approve Resolution number 14-09 declaring alley parking prohibitions. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Batte, Councilor Brown, Chairman Honecker, Councilor Honig, Councilor Kiester, Councilor Petricca and Vice-Chair Sacher c Marco Island Police Special Duty Rates (Editorial History: Marco Island Police Officers are frequently requested to provide law enforcement services at special events. These events are not City-sponsored and the personnel costs associated with the events are borne by those requesting the services. The City Manager directed that a review of all personnel and logistics costs associated with the delivery of special duty services be conducted. The results of this study are brought before City Council for consideration and approval of changing the special duty rates for services provided by Marco Island Police Officers.) City Clerk Laura Litzan read Resolution number 14-10 into record by title only. City Manager Roger Hernstadt provided background information. Public Comment Ms. Cheryl Lee, 241 North Barfield Drive, is opposed to monies being spent to protect John Boehner "who has willingly moved onto Marco Island." Dr. Bill Trotter, 720 North Collier Boulevard, asked if special duty assignments include escorting businesses to the bank to make deposits. Mr. Victor Rios, 970 Cape Marco Drive, stated that John Boehner is in line for the Presidency of the U.S. and local police can be called upon to aid in his protection. City of Marco Island Florida Page 4 City Council Meeting Minutes - Final May 19, 2014 MOTION by Councilor Batte, seconded by Councilor Honig, to approve Resolution number 14-10, changing the special duty rates for the Marco Island Police Department. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Batte, Councilor Brown, Chairman Honecker, Councilor Honig, Councilor Kiester, Councilor Petricca and Vice-Chair Sacher d Commitment to purchase an Emergency Stand-by Power Generator for the South Water Treatment Plant from Lee County Electric Cooperative (Editorial History: On April 4, 2014, staff reported to City Council that Lee County Electric Cooperative (LCEC) is terminating the lease agreement for the emergency stand-by power generator at the South Water Treatment Plant. Staff is asking for Council's approval of Resolution number 14-12 that illustrates Council's intent to move forward with the purchase of the generator from LCEC in the amount of $200,000.) City Clerk Laura Litzan read Resolution number 14-11 into record by title only. Jeff Poteet, General Manager of the Water and Sewer Department, provided information and answered Council's questions. Public Comment Ms. Cheryl Lee, 241 North Barfield Drive, asked about LCEC franchise fees returned to the City, and suggested encouraging LCEC to pay for the generator. Motion by Councilor Brown and seconded by Councilor Kiester to approve Resolution number 14-12 showing that it is City Council’s intent to purchase the generator from LCEC on or before October 17, 2014, in an amount not to exceed $200,000, and ask LCEC to assume the $3500 in maintenance costs. Yes: 7- Councilor Batte, Councilor Brown, Chairman Honecker, Councilor Honig, Councilor Kiester, Councilor Petricca and Vice-Chair Sacher e Bid Award for the Collier Blvd. Bridge over the Smokehouse Bay Replacement Project (Editorial History: At the request of the City Council, the Public Works Department advertised bids for the construction of the Smokehouse Bay Bridge Project based on the revised design plans prepared by TY-Lin International.) City Clerk Laura Litzan read Resolution number 14-11 into record by title only. City Manager Roger Hernstadt provided information requested by Council. Public Comment Ms. Cheryl Lee, 241 North Barfield Drive, recommended pursuing sponsorship of the bridge through private donations. Dr. Bill Trotter, 720 North Collier Boulevard, suggested bridge construction cost reductions, and expressed concern about traffic congestion and wear and tear of the bridge if construction is done simultaneously with the Marriott’s plans for expansion . Mr. Bill Harris, 101 Greenview Street, provided an estimate of what he believes will be the cost for construction of the bridge. City of Marco Island Florida Page 5 City Council Meeting Minutes - Final May 19, 2014 MOTION by Councilor Kiester and seconded by Councilor Brown to approve Resolution number 14-11, approving a contract with Quality Enterprises, USA for the construction of the Collier Boulevard Bridge over Smokehouse Bay in an amount not to exceed $7,625,327.66, with the understanding that the City Manager will engage in further negotiations with the contractor and determine the notice-to-proceed date for the actual start of construction. Yes: 7- Councilor Batte, Councilor Brown, Chairman Honecker, Councilor Honig, Councilor Kiester, Councilor Petricca and Vice-Chair Sacher 13. Citizens' Comments Mr. Victor Rios, 970 Cape Marco Drive, explained how the BCC (Board of Collier County Commissioners) handle contentious issues in regard to public comment, and recommended adopting a similar process. Mr. Phil Kostelnik, 121 Channel Court, commented that the department updates are very informative, and suggested that future Police reports include notification of crimes committed on the island to keep residents informed and vigilant. Ms. Cheryl Lee, 241 North Barfield Drive, spoke about the high cost of living on Marco Island forcing people to leave. 14. Council Comments Councilor Petricca asked for a consensus of Council to allow the City Manager and staff to write all future ordinances for the City of Marco Island. He also requested approval from Council to discuss establishing a Code Enforcement Special Magistrate at the July meeting. Following discussion of Councilor Petricca’s request, Chairman Honecker asked for a vote of Council to put Item ID 14-246, that was removed from this evening’s agenda, “A Resolution requiring that all proposed Ordinances shall be drafted by the City Attorney in consultation with City staff” on a future agenda. Council voted as follows: Sacher - No, “not in its present format” Petricca - Yes, “but change to City staff and City Attorney” Brown – Yes, “but doesn’t like the form that it is in” Batte – Yes Honig – No Kiester – No Honecker – Yes, “bring it up for discussion” Approved by a 4-3 vote. Council also agreed to discuss establishing a Code Enforcement Special Magistrate at the July meeting, and to invite the Code Enforcement Board to attend the meeting. 15. Adjournment There being no further business to come before City Council, the meeting adjourned at 8:50 p.m. ___________________________________ Kenneth E. Honecker, Council Chairman City of Marco Island Florida Page 6 City Council Meeting Minutes - Final May 19, 2014 ATTEST: ___________________________________ Laura Litzan, City Clerk PREPARED BY: __________________________________ Sandra Schildhorn, Secretary City of Marco Island Florida Page 7