City Council

City of Marco Island Florida 51 Bald Eagle Drive Marco Island, Florida cityofmarcoisland.com Meeting Minutes - Final Monday, July 21, 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 July 21, 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 (Editorial Note: Vice-Chair Sacher attended the meeting telephonically, as approved by Council, and left the meeting at 6:35 p.m., following discussion of Agenda Items 11 and 12.) Also Present Roger T. Hernstadt, City Manager Laura Litzan, City Clerk Burt L. Saunders, City Attorney Guillermo Polanco, Director of Finance Mike Murphy, Fire Chief Dave Baer, Assistant Police Chief Tim Pinter, Director of Public Works Jeff Poteet, General Manager Water and Sewer Department Chris Sparacino, Planner/Floor Plain Coordinator Gretchen Baldus, Director of Information Technology Sandra Schildhorn, Administrative Assistant Citizens and Visitors 3. Invocation by Reverend Thomas McCulley of New Life Community Church 4. Pledge of Allegiance 5. Approval of agenda and consent agenda [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.] MOTION by Councilor Batte, seconded by Councilor Petricca, approving the Agenda, amended to move Items 11 and 12 as the first items of business, following Item 7(c) Presentations, and to continue Item 12(g) Award of Contract for Kendall Bridge at Clifton Court Utility Line Replacements at the August 4, 2014 meeting. MOTION CARRIED UNANIMOUSLY 7-0. MOTION by Councilor Brown, seconded by Councilor Kiester, approving the Consent Agenda. MOTION CARRIED UNANIMOUSLY 7-0. 6. City Council Items a. (*)Approval of Minutes (a) Council Minutes of June 16, 2014 City of Marco Island Florida Page 1 City Council Meeting Minutes - Final July 21, 2014 (b) Council Minutes of June 19, 2014 b. Discussion Items Proposed Future Agenda Items There was no discussion regarding the schedule of proposed future agenda items. c. Council Communications Councilor Petricca suggested rescheduling the Resolution authorizing the City Attorney to write all ordinances for the City of Marco Island in concert with City staff. Following discussion, Council concurred to schedule this for discussion at a future meeting. 7. City Manager's Report a. Departmental Reports City Manager’s Report Growth Management Report – Chris Sparacino, Planner/Floor Plain Coordinator Parks & Recreation Report - Administrative Facilities Manager Alex Galiana Finance & IT Reports - Directors Gill Polanco, Finance & Gretchen Baldus, IT b. Community Announcements Community Announcements City Clerk Laura Litzan announced the following: American Cancer Society’s first annual Black Tip Shark Tournament to be held at Walkers Coon Key Marina in Goodland, Florida on August 2nd; reported this is the final week of “Candidate Qualifying” for the City Council election in November; congratulated qualifying candidates, Mr. Joe Batte, Ms. Litha Berger, Mr. Bob Brown, and Mr. Victor Rios. c. Presentations Equity Distribution Payment from Lee County Electric Co-op (LCEC) Ms. Trica Dorn, Key Account Executive of Lee County Electric Cooperative (LCEC), presented Chairman Honecker on behalf of City Council, with LCEC’s 2014 Equity Distribution payment to Marco Island Utilities in the amount of $32,575.94, and to the City of Marco Island in the amount of $6,482.14. 8. City Attorney's Report City Attorney Burt Saunders defined his role as the City Attorney. He reported affairs of litigation that have been resolved, minor cases still pending, and new issues of litigation that have arisen. Additionally, he described matters requiring his assistance to the Growth Management and Code Enforcement Departments. Lastly, he asked for and received a consensus of Council authorizing the City Manager to make a settlement regarding a legal action pending against the City. City of Marco Island Florida Page 2 City Council Meeting Minutes - Final July 21, 2014 9. Citizens' comments on agenda items not scheduled for public hearing and items other than those appearing on the agenda. Mr. Glenn Walton, 245 Waterside Circle, and owner of Beach Dogs, Inc., asked Council to “look out for the small business owner” and to continue to allow food vendors to participate in the market. Mr. Dan Longton and Ms. Christine Longton, 8765 Hideaway Harbor Court, Naples, expressed their appreciation of the Marco Island Farmers’ Market, and their dependence upon it to sell jewelry designed and created by Mrs. Longton. They have participated in the market for five years and requested to be allowed to continue. Ms. Tiffany Smith, 1831 Travida Terrace, a local mobile business owner who has participated in markets in this area, addressed issues and made recommendations regarding traffic and parking at the Farmers’ Market. She is of the opinion that a farmers’ market should not be about reducing the number of categories, but making sure the people in those categories are local businesses. She suggested the institution of a vendor panel for handling vendor concerns, making decisions about operations and ensuring quality. Mr. Jerome Oppenberg, 1854 Apataki Court, a craft vendor who participates in the Farmers’ Market, reported that “TripAdvisor” named the Marco Island Farmers’ Market as the number one shopping attraction out of fifteen attractions on Marco Island. He believes that it is an asset to the community and should be left as it is. Ms. Hyla Crane, Executive Director of the Marco Island Center for the Arts, spoke on behalf of several affiliated artists and the Clay Guild, expressing their concerns about being eliminated from participating in the Marco Island Farmers’ Market. She implored Council to consider the local artists who live and work on Marco Island who need their support. Mr. Joseph Parisi, 1464 Collingswood Avenue, commented that there is a misconception that farmers’ markets should only consist of fruit and vegetable stands. He spoke in support of diversity of vendors, and articulated that it is a place for human connection. He is of the opinion that local vendors should comprise the market and preference should not be given to vendors who do not live on Marco Island. Ms. Irene Miller, 3031 Marengo Court, Naples, stated she patronized the Farmers’ Market weekly, and “it would be a pity to change what you have that works.” Mr. Victor Rios, 970 Cape Marco Drive, thanked everyone responsible for qualifying him to run for a seat on City Council. Ms. Toni Jessen, 656 Dorando Court, asked for Council’s assistance regarding issues concerning the repair of her home. Following public comment, Council engaged in a brief discussion about the Farmers' Market, resulting in a consensus to authorize the City Manager in concert with City staff and the Parks and Recreation Committee, to manage the issues concerning the Farmers’ Market and report back to Council with their recommendations. RECESS: The meeting went into recess from 7:10 p.m. to 7:20 p.m. It is noted for the record that the same Councilors were present when the meeting reconvened. 10. Quasi-Judicial Public Hearings: None City of Marco Island Florida Page 3 City Council Meeting Minutes - Final July 21, 2014 11. Ordinances (a) First Reading of the Ordinance Repealing Impact Fee Waiver Ordinance 13-01 (Editorial History: At the June 19, 2014 Special-Called Meeting, City Council directed staff to prepare an ordinance repealing Ordinance 13-01 establishing a pilot program to waive police and fire impact fees for commercial redevelopment projects under certain conditions. Ordinance 13-01 has a sunset date that is tied to the similar Collier County’s program. On June 24, 2014, the Collier County Board of Commissioners voted to extend their program for an additional year, sunsetting on July 1, 2015. Therefore, Marco Island City Council has to take a formal action to end the City’s police and fire impact fee waiver program.) City Clerk Laura Litzan read on first reading, by title only, the Ordinance Repealing Impact Fee Waiver Ordinance 13-01. City Manager Roger Hernstadt provided background information and answered Council’s questions. Public Comment: None. MOTION by Councilor Petricca, seconded by Councilor Brown adopting on first reading the Ordinance repealing Ordinance 13-01 in its entirety. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Batte, Councilor Brown, Chairman Honecker, Councilor Honig, Councilor Kiester, Councilor Petricca and Vice-Chair Sacher (b) Ordinance - First Reading & Public Hearing - An Ordinance amending the Land Development Code Chapter 30, Article V. “Restaurant Parking". (Editorial Note: The changes to this Ordinance are specific to the calculation of sit down restaurant parking and will revert the parking calculation back from 1 space to 1 parking space per 4 seats, as in the original restaurant parking requirements.) City Clerk Laura Litzan read on first reading, by title only, the Ordinance amending the Land Development Code, Chapter 30, Article V, “Off-street Parking and Loading.” Public Comment: Ms. Susan Ackerson, Old Marco Pub and Restaurant, questioned whether there would be discussion about the language in the Ordinance dealing with grandfathering of restaurants because there were a few provisions that were not allowed for that were considered previously. City Attorney Burt Saunders will verify that the appropriate language is contained in the Ordinance at the second reading, and will advise Ms. Ackerson of same. MOTION by Councilor Petricca, seconded by Councilor Batte adopting on first reading the Ordinance amending the Land Development Code, Chapter 30, Article V, “Off-street Parking and Loading.” MOTION CARRIED BY THE FOLLOWING VOTE: City of Marco Island Florida Page 4 City Council Meeting Minutes - Final July 21, 2014 Yes: 7- Councilor Batte, Councilor Brown, Chairman Honecker, Councilor Honig, Councilor Kiester, Councilor Petricca and Vice-Chair Sacher 12. Resolutions for Adoption (a) Resolution for Site Development Plan for YMCA Phase One located at 101 Sand Hill Street (Editorial Note: The applicant requested a continuance of this item to the meeting of August 4, 2014.) MOTION by Councilor Petricca, seconded by Councilor Brown granting the applicant's request for a continuarce of the Resolution for a Site Development Plan for the YMCA to the August 4, 2014 meeting. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Batte, Councilor Brown, Chairman Honecker, Councilor Honig, Councilor Kiester, Councilor Petricca and Vice-Chair Sacher (b) Approval of Site Development Plan SDP-14-01 for Starbucks Marco Island located at 1080 N. Collier Blvd. (Editorial History: Starbucks Coffee Company is proposing to build a stand-alone coffee shop restaurant with indoor and outdoor seating as well as a drive-through order window.) City Clerk Laura Litzan read, by title only, Resolution 14-27, Approval of Starbucks Site Development Plan SDP-14-01. Planner/Flood Plain Coordinator Chris Sparacino provided background information and introduced Mr. Matt Morris of Morris Engineering and Consulting LLC, who provided a presentation of the proposed project and answered Council's questions. Ms. Charlette Roman, member of the Planning Board provided information requested by Council regarding the landscaping buffer zone at the site. Public Comment None. MOTION by Councilor Petricca, seconded by Councilor Honig approving Resolution 14-27, Approval of Site Development Plan SDP-14-01 for Starbucks Marco Island. 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) Interlocal Agreement with Collier County for Uninterrupted Power Supply equipment for Traffic Signals on Marco Island. (Editorial Note: This item was approved under the Consent Agenda.) *(d) Renewal of the Interlocal Agreement for Fire & Rescue Services to the Goodland Area (Editorial Note: This item was approved under the Consent Agenda.) City of Marco Island Florida Page 5 City Council Meeting Minutes - Final July 21, 2014 (e) Approval of Preliminary Disclosure of Proposed Millage Rate for FY 2015 (Editorial History: Every year the State of Florida requires each taxing authority to notify the Property Appraiser within 35 days of the certification of taxable value the following: the proposed millage rate for the upcoming fiscal year, the prior year millage rate, the current rolled-back rate, and the date, time and meeting place of the tentative budget hearing. Once the rate has been established and made public by the Property Appraiser on the tax notice, the tentative rate cannot be increased.) Director of Finance Guillermo Polanco reported the State of Florida’s requirements for notifying the Property Appraiser of the maximum millage rate, and presented preliminary millage rates for fiscal year 2015 as follows: 2.0466 mills for General Operation for the City, and 2.0 mills for Hideaway Beach Special Taxing District Operations. He pointed out that Hideaway Beach lowered their millage rate from 2.6000 mills to 2.0 mills after the calculations were originally made. Mr. Polanco announced that the first budget hearing will take place on September 8, 2014 at 5:30 p.m. The second public hearing is scheduled for September 22, 2014 at 5:30 p.m. Both hearings will take place in the Police Community Room, 51 Bald Eagle Drive. Lastly, he stated that Council will discuss the budget at a Workshop scheduled for Thursday, July 24, 2014, beginning at 1:00 p.m. Public Comment: None. MOTION by Councilor Petricca, seconded by Councilor Brown, adopting the proposed millage rate of 2.0466 mills for General Operations for the City. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Batte, Councilor Brown, Chairman Honecker, Councilor Honig, Councilor Kiester, Councilor Petricca and Vice-Chair Sacher MOTION BY Councilor Petricca, seconded by Councilor Batte adopting the proposed millage rate of 2.0 mills for Hideaway Beach Special Taxing District Operations. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Batte, Councilor Brown, Chairman Honecker, Councilor Honig, Councilor Kiester, Councilor Petricca and Vice-Chair Sacher (f) Resolution - Prepayment of Clean Water State Revolving Fund Agreement - “Preconstruction Loan” (Editorial History: The City of Marco Island entered into an agreement with the Florida Department of Environmental Protection on December 7, 2005 for the purpose of obtaining a State Revolving Fund loan with which to fund preconstruction activities, including planning, design, and engineering related to the improvement and expansion of the City’s Utility System. The activities were in anticipation of the effects that the Septic Tank Replacement Project would have on the system’s capacity. Water impact fee funds, pledged as revenues to service the debt, have grown sufficient to cover the balance due to the recent uptick in the economy.) City Clerk Laura Litzan read, by title only, Resolution 14-29, Prepayment of Clean Water State Revolving Fund Agreement "Preconstruction Loan." Finance Director Guillermo Polanco provided information and answered questions. City of Marco Island Florida Page 6 City Council Meeting Minutes - Final July 21, 2014 Public Comment: None. MOTION by Councilor Brown, seconded by Councilor Petricca approving Resolution 14-29, authorizing prepayment of the SRF loan in full in the amount of $1,294,273.39. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Batte, Councilor Brown, Chairman Honecker, Councilor Honig, Councilor Kiester, Councilor Petricca and Vice-Chair Sacher (g) Award of Contract - Kendall Bridge at Clifton Waterway Utility Line Replacements (Editorial Note: Agenda Item 12(g) will be continued at the August 4, 2014 meeting.) (h) Award of Contract for Engineering Services for the Construction Engineering and Inspection (CEI) services for the Collier Blvd. Bridge over the Smokehouse Bay Replacement Project. (Editorial History: This is an award of contract for Construction, Engineering and Inspection services (CEI) in the amount of $530,157.00 to T.Y. LIN International, for the proposed Collier Boulevard Bridge over the Smokehouse Bay Replacement Project.) City Clerk Laura Litzan read, by title only, Resolution 14-22, Award of Contract for CEI services for the Collier Boulevard Bridge over the Smokehouse Bay Replacement Project. Public Works Director Tim Pinter provided information and answered Council’s questions. Mr. Pinter also asked for Council’s approval to change the notice to proceed date for construction of the bridge to September 1, 2014. Public Comment: None. MOTION by Councilor Batte, seconded by Councilor Honig approving Resolution 14-22, Award of Contract for Engineering Services for CEI services for the Collier Boulevard Bridge over the Smokehouse Bay Replacement Project. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Batte, Councilor Brown, Chairman Honecker, Councilor Honig, Councilor Kiester, Councilor Petricca and Vice-Chair Sacher MOTION by Councilor Brown, seconded by Councilor Honig approving a change in the notice to proceed date for construction of the bridge to September 1, 2014. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Councilor Batte, Councilor Brown, Councilor Honig, Councilor Kiester, Councilor Petricca and Vice-Chair Sacher No: 1- Chairman Honecker (Editorial Note: Vice-Chair Sacher left the meeting at 6:35 p.m., following discussion of Agenda Items 11 and 12) City of Marco Island Florida Page 7 City Council Meeting Minutes - Final July 21, 2014 13. Citizens' Comments Ms. Eileen Ward, 1172 Vernon Place, commented about parking issues in the area of Olde Marco. Ms. Sandi Riedemann Lazarus, 222 Waterway Court, announced that the Marco Island Chamber of Commerce and the Marco Island Historical Society are partnering to host an anniversary celebration of "Fifty Years of Modern Marco" on Friday, May 1, 2015, at the Marco Island Marriott. She invited the City and all Island businesses to show their support of the event by committing to sponsorship. 14. Council Comments None. 15. Adjournment There being no further business to come before City Council, the meeting adjourned at 7:57 p.m. ___________________________________ Kenneth E. Honecker, Council Chairman ATTEST: ___________________________________ Laura Litzan, City Clerk PREPARED BY: __________________________________ Sandra Schildhorn, Secretary City of Marco Island Florida Page 8