City Council

City of Marco Island Florida 51 Bald Eagle Drive Marco Island, Florida cityofmarcoisland.com Meeting Minutes - Final Monday, December 1, 2014 5:30 PM Community Meeting Room City Council Chairman: Larry Sacher City Council: Joe Batte, Bob Brown, Ken Honecker, Larry Honig, Amadeo R. Petricca, and Victor Rios City Manager: Roger Hernstadt City Clerk: Laura Litzan - City Attorney: Burt Saunders City Council Meeting Minutes - Final December 1, 2014 1. Call to Order 2. Roll Call Present: 7- Councilor Batte, Vice-Chair Brown, Councilor Honecker, Councilor Honig, Councilor Petricca, Chairman Sacher and Councilor Rios Absent: 0 Councilor Petricca arrived at 5:48 p.m., after the commencement of the meeting. Also Present Roger T. Hernstadt, City Manager Laura Litzan, City Clerk Burt L. Saunders, City Attorney Derek Rooney, Acting City Attorney Guillermo Polanco, Director of Finance Mike Murphy, Fire Chief Al Schettino, Acting Police Chief Tim Pinter, Director of Public Works Jeff Poteet, General Manager, Water & Sewer Justin Martin, Senior Project Manager, Water & Sewer Gretchen Baldus, Director of Information Technology Sandra Schildhorn, Administrative Assistant Citizens and Visitors 3. Invocation by Reverend Kyle Bennett of St. Mark's Episcopal Church 4. Pledge of Allegiance led by Councilor Honig 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 Honecker approving the agenda amended to: move the City Manager's Report following Citizens' Comments and to schedule Citizens' Comments at 6:00 p.m. time certain or as soon as possible thereafter for today's meeting and for all future meetings; include a presentation by Dr. Bill Trotter regarding Item 6b3, "Discussion of Proposed Design and Construction Changes to the Smokehouse Bay Bridge Walkway Area Connection Adjacent to the Esplanade Promenade." Yes: 7- Councilor Batte, Vice-Chair Brown, Councilor Honecker, Councilor Honig, Councilor Petricca, Chairman Sacher and Councilor Rios 6. City Council Items a. (*)Approval of Minutes City of Marco Island Florida Page 1 City Council Meeting Minutes - Final December 1, 2014 Council Minutes of November 10, 2014 b. Discussion Items 6b1. Selection of a Magistrate Council determined by consensus to select three individuals to serve on a rotating basis for the position of Special Magistrate as follows: Mr. Robert Pritt Ms. Myrnabelle Roche Mr. Monte Lazarus 6b2. Naming Procedure for the Community Meeting Room and the Smokehouse Bridge (Editorial History: At the meeting of November 10, 2014, City Council requested that the naming the Community Meeting Room and the Smokehouse Bridge be placed on the December 1, 2014 agenda for discussion.) Council concurred to follow the guidelines and procedures adopted by Resolution 10-27 for the naming of City facilities. Recommendations made for naming of City facilities is administered through the Parks and Recreation Committee. 6b3. Discussion of Proposed Design and Construction Changes to the Smokehouse Bay Bridge Walkway Area connection adjacent to the Esplanade Promenade (Editorial History: Staff has been contacted by representatives from the Esplanade and the Esplanade Marina Association concerning the approved plans for the walkway area under and around the northeast corner of the Smokehouse Bay Bridge that connects to the Esplanade Promenade. Concerns have been expressed in relation to the use of the open walkway space and the contact to the existing seawall. The open space walkway areas were part of the City mandated design criteria that was presented to the Council in 2009 during the design charrette process.) Dr. Bill Trotter, on behalf of the Esplanade I Condominium Association, and the Esplanade Marina Board of Directors, provided a presentation proposing an agreement to work mutually with the City to beautify the area in front of the Esplanade seawall, while providing appropriate access and clarifying ownership going forward. Public Comment: Mr. Mario Curiale, 828 Eubanks Court, offered construction design information. MOTION BY Councilor Honig, seconded by Councilor Petricca, requesting the City Manager to work with the Esplande to effect the requested changes and return to City Council if this cannot be accomplished without financial or other undesirable burden. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Batte, Vice-Chair Brown, Councilor Honecker, Councilor Honig, Councilor Petricca, Chairman Sacher and Councilor Rios 6b4. Discussion regarding Posting of Remaining Alleys as “No City of Marco Island Florida Page 2 City Council Meeting Minutes - Final December 1, 2014 Parking”. (Editorial History: By previous direction of Council, City staff posted 7 of the12 alleys as “No Parking" on the island. Staff also prepared a test case alley, Durnford Way (between Amazon and Saturn), to see if the adjacent commercial developments would consider improvements to allow improved parking within the alley right-of-way. This test case was not successful. During the Planning Advisory Board meeting of November 7, 2014, the Growth Management staff specifically asked the following question, “does the Planning Advisory Board want the 5 remaining alleys to be posted as No Parking?" The Planning Board reconfirmed that it was their intention to sign all the remaining alleys as “No Parking" and to include the test alley.) Public Works Director Tim Pinter provided background information and answered Council’s questions. Public Comment: Mr. Joseph Oliverio, 257 North Collier Boulevard, requested that the issue be sent back to the Planning Board, and that Council reconsider the ban on alleyway parking. Mr. Mario Curiale, 845 Bald Eagle Drive, remarked that the no parking signs installed by the City have interfered with loading and unloading of his trucks, and demanded that the signs be removed. Mr. Robert Clausen, 1201 Orange Court, and 247 North Collier Boulevard, requested that this item be sent back to the Planning Board for an alternative solution to the problem. Mr. Joe Mirabilio, 367 Yellowbird Street, and barber shop owner, acknowledged that there is a major parking problem, but asked Council to postpone making a decision, for further consideration of the matter. MOTION BY Councilor Honecker, seconded by Councilor Petricca, directing the City Manager or his designee to install “No Parking” signs on the remaining 5 alleys within the City of Marco Island. MOTION FAILED BY THE FOLLOWING VOTE: Yes: 2- Councilor Honecker and Councilor Petricca No: 5- Councilor Batte, Vice-Chair Brown, Councilor Honig, Chairman Sacher and Councilor Rios MOTION BY Councilor Honecker, seconded by Councilor Petricca, to remove all “No Parking” signs in all alleys until the issue is addressed. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 4- Councilor Honecker, Councilor Petricca, Chairman Sacher and Councilor Rios No: 3- Councilor Batte, Vice-Chair Brown and Councilor Honig 6b5. Proposed Future Agenda Items Councilor Rios suggested scheduling discussion of asbestos testing in regard to the Marriott expansion project. At Council's recommendation, Councilor Rios will address his concern with the City Manager before determining if it warrants further discussion. Chairman Sacher recommended, and Council concurred, to schedule a discussion City of Marco Island Florida Page 3 City Council Meeting Minutes - Final December 1, 2014 regarding the 401A Plan for general employees of the City of Marco Island at the January 5, 2015 meeting. c. Council Communications 6c1. Joint Workshop with Collier County Board of Commissioners Council engaged in a discussion in preparation for the meeting with the Collier County Board of County Commissioners on December 2, 2014. 6c2. Legal Services - Letter to Law Firms (Editorial History: At the City Council meeting of November 10, 2014, City Council directed City staff to request proposals for legal services from the firms of Gray Robinson, Lewis, Longman & Walker, and Weiss Serota.) City Clerk Laura Litzan reported that letters requesting proposals for legal services were sent via email to the firms identified by Council at the November 10, 2014 meeting. Public Comment: Mr. Bill Harris, 101 Greenview Street, suggested following through with the original plan to contact additional laws firms to represent the City. Following a lengthy discussion, Council made the following motions: MOTION BY Councilor Honig, seconded by Councilor Rios, requesting the legal firm of Gray Robinson to identify 2-3 attorneys employed by them with whom City Council may interact, so as to make a determination regarding retaining the present City Attorney from their firm or selecting an alternative attorney from their firm to represent the City of Marco Island. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Batte, Vice-Chair Brown, Councilor Honecker, Councilor Honig, Councilor Petricca, Chairman Sacher and Councilor Rios MOTION BY Councilor Honecker, seconded by Councilor Honig, to reschedule the legal services discussion as a workshop on January 5, 2015, at 3:00 p.m., and to invite attorneys identified by the firm of Gray Robinson to attend the workshop. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Batte, Vice-Chair Brown, Councilor Honecker, Councilor Honig, Councilor Petricca, Chairman Sacher and Councilor Rios 6c3. 50th Anniversary Celebration - Marco Island Area Chamber of Commerce and Marco Island Historical Society - Vice-Chair Brown Council engaged in discussion regarding their attendance at the 50th Anniversary Celebration of Modern Marco. City Attorney Burt Saunders advised Council that the expenditure of funds for tickets to attend the celebration is considered to be in the best interest of the public. There was no public comment. City of Marco Island Florida Page 4 City Council Meeting Minutes - Final December 1, 2014 MOTION BY Vice-Chair Brown, seconded by Councilor Honig, requesting the City Manager to purchase tickets at the best possible price for Council’s attendance at the 50th Anniversary Celebration of Modern Marco, acknowledging the City’s support, and being in the best interest of the public. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 5- Councilor Batte, Vice-Chair Brown, Councilor Honecker, Councilor Honig and Chairman Sacher No: 2- Councilor Petricca and Councilor Rios 6c4. Recommend City Council discuss the City Manager’s salary at the January 5, 2015 meeting and ratify the decision at the January 20, 2015 meeting given that he will be employed for one year - Councilor Honig MOTION BY Councilor Honecker, seconded by Councilor Honig, to perform an annual performance review, per contract, of the City Manager, in preparation for discussion at the January 5, 2015 meeting, along with a review of his total compensation package. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Vice-Chair Brown, Councilor Honecker, Councilor Honig, Councilor Petricca, Chairman Sacher and Councilor Rios No: 1- Councilor Batte 7. City Manager's Report a. Departmental Reports Fire-Rescue Monthly Report – Fire Chief Mike Murphy Police Monthly Report – Acting Chief of Police Chief Al Schettino Public Works Monthly Report – Director Tim Pinter Water & Sewer Monthly Report – General Manager Jeff Poteet MOTION BY Councilor Honig, seconded by Vice-Chair Brown, to begin the process of increasing water and sewer utility rates 2.1% at the earliest opportunity. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 4- Councilor Batte, Vice-Chair Brown, Councilor Honig and Chairman Sacher No: 3- Councilor Honecker, Councilor Petricca and Councilor Rios City Manager’s Report City of Marco Island Florida Page 5 City Council Meeting Minutes - Final December 1, 2014 Elected Officials Salaries Councilor Honig suggested, and Council concurred, to direct City staff to investigate remuneration policies for non-salaried elected officials of other city municipalities in the State of Florida for discussion at a future meeting. b. Community Announcements City Clerk Laura Litzan announced community events occurring December 1, 2014, through January 5, 2015. 8. Presentations Chairman Sacher, on behalf of City Council, presented Councilor Honecker with a plaque in recognitiion of his service as City Council Chairman over the past year. a. Recognition of Dr. Fay Biles for Her Service to the Community (Editorial History: Dr. Fay Biles is retiring as the President of the Marco Island Taxpayers Association. A resolution commending her service to the community will be presented.) Chairman Sacher and Councilor Petricca, on behalf of City Council, recognized Dr. Biles for 36 years of outstanding service to the people of Marco Island during her tenure as President of the Marco Island Tax Payers Association. The meeting went into recess at 7:36 p.m. It is noted for the record that the same Councilors were present when the meeting reconvened at 7:50 p.m. b. Presentation - Parks & Recreation Advisory Committee Ms. Val Simon, Interim Chair of the Parks and Recreation Committee (PRAC), and Drs. Gerald Swiacki and Carlos Portu, members of PRAC, provided presentations. Dr. Portu, on behalf of the committee, requested a joint workshop between PRAC and City Council on January 20, 2015, to further detail the committee’s work, and to receive guidance from City Council regarding how to augment the proposed Mackle Park project going forward. The committee is also requesting that Council approve a request to seek bids for design and architectural services related to the Mackle Park Community Center. There was no public comment. MOTION BY Councilor Honig, seconded by Vice-Chair Brown, requesting the scheduling of a joint City Council/PRAC workshop, and the beginning of the process of seeking an architectural firm through an RFP. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Batte, Vice-Chair Brown, Councilor Honecker, Councilor Honig, Councilor Petricca, Chairman Sacher and Councilor Rios 9. City Attorney's Report City Attorney Burt Saunders requested Council’s approval, authorizing the City Manager to sign the settlement agreement regarding the Marsha Ross vs. Rohaley & Sons and the City of Marco Island lawsuit. At the request of Councilor Rios, Mr. Saunders also commented about obtaining public records from the City, as defined by the City Charter. City of Marco Island Florida Page 6 City Council Meeting Minutes - Final December 1, 2014 MOTION BY Councilor Honecker, seconded by Councilor Petricca authorizing the City Manager to sign the settlement agreement regarding the Marsha Ross vs. Rohaley & Sons and the City of Marco Island lawsuit. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Batte, Vice-Chair Brown, Councilor Honecker, Councilor Honig, Councilor Petricca, Chairman Sacher and Councilor Rios 10. Citizens' comments on agenda items not scheduled for public hearing and items other than those appearing on the agenda. Mr. Hector Fernandez, 1130 San Marco Road, suggested establishing an ordinance defining restrictions for registered sex offenders residing on Marco Island. Mr. Frank Flint, 320 Seaview Court, commented about painting lines on sidewalks for bicyclists, finding another area for a softball facility on the island, and service organizations to provide community entertainment. Mr. Phil Kostelnik, 121 Channel Court, stated that Council is spending too much time on Council communication and discussion of future agenda items. 11. Quasi-Judicial Public Hearings: a. Resolution to Approve an Application for a Conditional Use Mixed Use Building Located at 928 Park Avenue (The applicant is requesting a continuance to the Council meeting of January 5, 2015) MOTION by Vice-Chair Brown, seconded by Councilor Honig, approving the applicant's request for a continuance to the Council meeting of January 5, 2015. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 5- Councilor Batte, Vice-Chair Brown, Councilor Honecker, Councilor Honig and Chairman Sacher No: 2- Councilor Petricca and Councilor Rios 12. Ordinances a. Ordinance - Second Reading - Fiscal Year 2014 Budget Re-appropriation City Clerk Laura Litzan read, by title only, the second reading of Ordinance 14-15. Finance Director Guillermo Polanco introduced the item. There was no public comment. MOTION BY Councilor Batte, seconded by Vice-Chair Brown, approving the second reading of Ordinance 14-15. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 4- Councilor Batte, Vice-Chair Brown, Councilor Honig and Chairman Sacher No: 3- Councilor Honecker, Councilor Petricca and Councilor Rios b. Ordinance - Second Reading - Code Compliance Ordinance City of Marco Island Florida Page 7 City Council Meeting Minutes - Final December 1, 2014 City Clerk Laura Litzan read, by title only, the second reading of Ordinance 14-14. Acting City Attorney Derek Rooney and City Manager Roger Hernstadt answered Council’s questions. There was no public comment. MOTION BY Councilor Honig, seconded by Councilor Batte, approving the second reading of Ordinance 14-14. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Batte, Vice-Chair Brown, Councilor Honecker, Councilor Honig, Councilor Petricca, Chairman Sacher and Councilor Rios 13. Resolutions for Adoption a. Resolution for Code Compliance Schedule of Civil Penalties and Fines City Clerk Laura Litzan read, by title only, Resolution 14-77. Acting City Attorney Derek Rooney and City Manager Roger Hernstadt provided information and answered Council’s questions. There was no public comment. MOTION BY Councilor Honig seconded by Councilor Rios, approving Resolution 14-77, amended to include violations of the noise ordinance and the fireworks code. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Batte, Vice-Chair Brown, Councilor Honecker, Councilor Honig, Councilor Petricca, Chairman Sacher and Councilor Rios b. * *Resolution approving a Grant of Perpetual Easement to the Lee County Electric Cooperative, Inc. (LCEC) Resolution 14-78 was approved under the Consent Agenda. c. Award of Contract KLJ - SFWMD Consumptive Water Use Permit (CUP) City Clerk Laura Litzan read, by title only, Resolution 14-74. General Manager of the Water and Sewer Department Jeff Poteet, and Senior Project Manager Justin Martin, provided information and answered Council’s questions. There was no public comment. MOTION BY Vice-Chair Brown, seconded by Councilor Petricca, approving Resolution 14-74. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Batte, Vice-Chair Brown, Councilor Honecker, Councilor Honig, Councilor Petricca, Chairman Sacher and Councilor Rios d. Resolution to Authorize the Purchase of SCADA System Upgrades City Clerk Laura Litzan read, by title only, Resolution 14-75. City of Marco Island Florida Page 8 City Council Meeting Minutes - Final December 1, 2014 General Manager of the Water and Sewer Department Jeff Poteet, provided information and answered Council’s questions. There was no public comment. MOTION BY, Councilor Honig, seconded by Vice-Chair Brown, approving Resolution 14-75. MOTION FAILED BY THE FOLLOWING VOTE: Yes: 3- Councilor Batte, Vice-Chair Brown and Councilor Honig No: 4- Councilor Honecker, Councilor Petricca, Chairman Sacher and Councilor Rios Councilor Honig requested a point-of-order to end further discussion by Councilor Rios regarding the "SCADA System Upgrade" item. Chairman Sacher ruled in favor of Councilor Honig’s point-of-order. Appeal by Councilor Rios of Chairman Sacher’s ruling failed by the following vote: APPEAL by Councilor Rios appealing Chairman Sacher’s ruling. APPEAL DENIED BY THE FOLLOWING VOTE: Yes: 2- Councilor Petricca and Councilor Rios No: 5- Councilor Batte, Vice-Chair Brown, Councilor Honecker, Councilor Honig and Chairman Sacher MOTION BY Vice-Chair Brown, seconded by Councilor Honecker to extend the meeting past 9:30 p.m. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 5- Councilor Batte, Vice-Chair Brown, Councilor Honecker, Councilor Petricca and Chairman Sacher No: 2- Councilor Honig and Councilor Rios e. Resolution to Approve the Award of Contract - RWPF Headworks Professional Consulting Services City Clerk Laura Litzan read, by title only, Resolution 14-76. Senior Project Manager of the Water and Sewer Department Justin Martin provided background information and answered Council’s questions. There was no public comment. MOTION BY, Councilor Honig, seconded by Councilor Batte, approving Resolution 14-76. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Batte, Vice-Chair Brown, Councilor Honecker, Councilor Honig, Councilor Petricca, Chairman Sacher and Councilor Rios f. Public Hearing and Resolution of the City Council of Marco Island, Florida, approving the Uniform Method for Collection of Non-Ad Valorem Assessments. City of Marco Island Florida Page 9 City Council Meeting Minutes - Final December 1, 2014 City Clerk Laura Litzan read, by title only, Resolution 14-79. Finance Director Guillermo Polanco introduced the item and answered Council’s questions. There was no public comment. MOTION BY, Councilor Rios, seconded by Councilor Petricca, approving Resolution 14-79. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Batte, Vice-Chair Brown, Councilor Honecker, Councilor Honig, Councilor Petricca, Chairman Sacher and Councilor Rios g.* *Resolution to Authorize the Use of Police Service Impact Fees to Fund Equipment for a Community Service Officer (CSO) Program Resolution 14-80 was approved under the Consent Agenda. 14. Citizens' Comments None. 15. Council Comments Councilor Honecker asked for and received confirmation that there willl be a discussion regarding vacant lots at the second meeting in January. Councilor Honecker suggested cancelling the legal workshop. Following discussion, Council concurred to proceed as planned with the legal workshop on January 5, 2015 at 3:00 p.m. Councilor Honecker raised a question about the status of the utility rate design. 16. Adjournment The meeting adjourned at 11:22 p.m. ___________________________________ Larry Sacher, Council Chairman ATTEST: ___________________________________ Laura Litzan, City Clerk PREPARED BY: __________________________________ Sandra Schildhorn, Secretary City of Marco Island Florida Page 10