City Council

City of Marco Island Florida 51 Bald Eagle Drive Marco Island, Florida cityofmarcoisland.com Meeting Minutes - Final Monday, February 2, 2015 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: Alan Gabriel City Council Meeting Minutes - Final February 2, 2015 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 Also Present Roger T. Hernstadt, City Manager Laura Litzan, City Clerk Derek Rooney, Acting City Attorney Guillermo Polanco, Director of Finance Mike Murphy, Fire Chief Al Schettino, Police Chief Tim Pinter, Director of Public Works Jeff Poteet, General Manager, Water & Sewer Mark Jackson, Director of Information Technology Citizens and Visitors 3. Invocation by Pastor Nowlin of the Family Church of Marco Island 4. Pledge of Allegiance 5. Approval of agenda and consent agenda Council approved the Agenda and the Consent Agenda by tacit agreement, amended to move Item 12.B. "Resolution to Approve the Selection of a Law Firm, and Item 11 "Second Reading of the Rental Housing Ordinance" to the first items for discussion, followed by adding a discussion regarding reconsideration of Resolution 15-04 "Final Assessment Wastewater System Vacant Lots." [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.] 6. City Council Items A. Discussion Items B. Council Items Already Approved for Discussion by Consensus C. Council Communications (announcements and items to be considered for discussion by Council at a later date) Councilor Honecker remarked about recent changes in personnel, in particular the Environmental Department, and asked City Manager Roger Hernstadt to comment about his plans for the future operation of the Environmental Department. City of Marco Island Florida Page 1 City Council Meeting Minutes - Final February 2, 2015 Councilor Honecker requested, and received a consensus of Council to schedule a future discussion regarding the implementation of a fee for the reading of reuse water meters. Councilor Batte asked City Manager Roger Hernstadt if he is considering outsourcing for the vacant Environmental Specialist position. Councilor Batte announced that the Vietnam Traveling Memorial Wall will be on Marco Island on February 12th, and that anyone wishing to volunteer time to man the wall may contact him by e-mail. Councilor Petricca requested, and received Council’s approval to discuss an amendment to the City Manager’s employment agreement and his personal leave time at the next meeting. Councilor Rios announced that there will be training sessions at the Marco Island Theater for citizens volunteering to help with the Vietnam Traveling Memorial Wall, and that the American Legion is also requesting volunteers to man their tables to talk about their function and to recruit members. Councilor Rios commented that the individual who is selected to fill the Environmental Specialist position will have to work closely with Collier County regarding the leveling of the north part of the beach. Councilor Rios, in regard to a Waterways Advisory Committee discussion about a water quality report, clarified what is contained in the reports that were provided by Environmental Specialist Nancy Richie. D. Future Agenda Future Agenda Items City Lighting Program City Vegetative Buffer Zones Implementation of a Reuse Water Meter Reading Fee City Manager's Employment Agreement and Personal Leave Ratification of J.R. Evans Engineering Purchase Order - Hydrology Study 7. Citizens' comments on agenda items not scheduled for public hearing and items other than those appearing on the agenda. Mr. Steven Nolas, 990 Cape Marco Drive, spoke about the number and size of colored locator marks on the sidewalks, commenting that they should be removed after their usefulness by the people who put them there. Mr. Gregory Vilk, 850 Magnolia Court, stated that the land development code does not allow boat storage or dry rental service on residential lots that has been proposed by the Rose Marina. Ms. Liz Fitch, 850 Magnolia Court, commented that the there are no longer owls on the four residential lots proposed for use by the Rose Marina because Rose Marina destroyed all of the nests that were on the properties. City of Marco Island Florida Page 2 City Council Meeting Minutes - Final February 2, 2015 Ms. Marlynn Walsh, 874 Magnolia Court, and Ms. Phyllis Kleckner, 882 Magnolia Court referenced and exhibited e-mails from City staff inferring that the request by Rose Marina for a temporary use permit for boat storage on residential lots is not in compliance with deed restrictions and allowed use. Mr. Patrick Walsh, 874 Magnolia Court, commented that it is against City code to allow the Rose Marina to operate a boat storage facility on residential lots. Ms. Darla Achey, 864 Magnolia Court, expressed her opposition to the use of residential lots by Rose Marina for boat storage and indicated that the Marco Island Civic Association has notified Rose Marina that the use of the lots is limited to single family homes. City Manager Roger Hernstadt was afforded an opportunity by Chairman Sacher to comment about, and clarify the record, in response to the comments made by citizens about the proposed request for a temporary use permit by Rose Marina. Following public comment, Mr. Bill Duncan, 161 Greenview Street, and Dr. Fay Biles, former President of the Marco Island Tax Payers Association (MITA) presented a check in the amount of $10,433.39 to Mr. Lee Rubenstein, Chairperson of the Marco Island Veterans Committee, to be used for the freedom fountain. Mr. Duncan explained that the funds are a result of the dissolution of MITA, and that members of the MITA Board of Directors unanimously agreed that the money should be given to the Marco Island Veterans Committee. 8. City Manager's Report A. Departmental Reports Public Works Monthly Report – Director Tim Pinter Police Monthly Report – Police Chief Al Schettino Fire Rescue Monthly Report & Henning Letter – Fire Chief Mike Murphy Water & Sewer Monthly Report – General Manager Jeff Poteet City Manager’s Report B. Community Announcements City Clerk Laura Litzan announced community events for the period February 2nd to February 17th. C. Presentations Master Drainage Plan Projects Report Public Works Director Tim Pinter provided a presentation of the Master Drainage Plan Projects and answered Council's questions. 9. City Attorney's Report Attorney Derek Rooney, on behalf of himself, City Attorney Burt Saunders, and the law firm of Gray Robinson, thanked Council for the opportunity to work with the City of Marco Island and congratulated them on the selection of a new City Attorney. He will be in contact with the City Manager regardng an interim transition plan. City of Marco Island Florida Page 3 City Council Meeting Minutes - Final February 2, 2015 10. Quasi-Judicial Public Hearings: None. 11. Ordinances Second Reading - Rental Housing Ordinance (CONTINUED FROM THE CITY COUNCIL MEETING OF JANUARY 20, 2015) City Clerk Laura Litzan read, by title only, the Second Reading of the Rental Housing Ordinance. Public Comment Mr. Gregory Vilk, 850 Magnolia Court, remarked that there is an incentive not to register rental property, and suggested including conditions in the ordinance regarding failure to register. Mr. Lee Henderson, 686 Thrush Court, recommended deferring action on the rental ordinance until the subject of noise is clearly defined. Mr. Bill Flasche, 1085 Bald Eagle Drive, commented about his concerns regarding the revised ordinance, i.e., a requirement that associations shall report quarterly to the City what units are being used as short term rentals, and especially the application requirement for anything less than thirty days. Mr. Howard Reed, 1065 Bald Eagle Drive, suggested changes to bring the paragraph in the ordinance regarding recordkeeping into compliance with the State Law and the United States Constitution. Ms. Muriel Bell, 58 North Collier Boulevard, remarked that she is against the way the rental ordinance is written in its entirety, and that it has to be taken back to the drawing board. Council engaged in a lengthy discussion, and voted 5-2 to defer the second reading of the rental housing ordinance to the March 16, 2015 meeting. MOTION by Councilor Honig, seconded by Councilor Rios to defer the second reading of the rental housing ordinance to the March 16, 2015 meeting. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 5- Vice-Chair Brown, Councilor Honecker, Councilor Honig, Councilor Petricca and Councilor Rios No: 2- Councilor Batte and Chairman Sacher Reconsideration of Resolution 15-04 Final Assessment Wastewater System Vacant Lots MOTION by Vice-Chair Brown, seconded by Councilor Honecker to reconsider Resolution 15-04 "Final Assessment Wastewater System Vacant Lots." MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Batte, Vice-Chair Brown, Councilor Honecker, Councilor Honig, Councilor Petricca, Chairman Sacher and Councilor Rios City of Marco Island Florida Page 4 City Council Meeting Minutes - Final February 2, 2015 Recess 7:20 p.m. to 7:30 p.m. It is noted for the record that Vice-Chair Brown presided over the meeting following recess in the absence of Chairman Sacher who left the meeting at 7:20 p.m. 12. Resolutions for Adoption (*) A. Resolution to Approve the Fire Apparatus Maintenance Services Agreement This item was approved under the Consent Agenda. B. Resolution to Approve the Selection of _____________________ Law Firm to Provide Legal Services to the City of Marco Island based on the Terms and Conditions of the Engagement Letter dated _______________. City Clerk Laura Litzan read the Resolution into the record by title only. After engaging in discussion, Council voted as follows: MOTION by Councilor Rios, seconded by Councilor Honig to award the contract for legal services for the City of Marco Island to the firm of Lewis Longman & Walker. MOTION FAILED BY THE FOLLOWING VOTE: Yes: 3- Councilor Batte, Councilor Honig and Councilor Rios No: 4- Vice-Chair Brown, Councilor Honecker, Councilor Petricca and Chairman Sacher MOTION by Councilor Honecker, seconded by Councilor Petricca to award the contract for legal services for the City of Marco Island to the firm of Weiss Serota Helfman Cole Bierman & Popok, incorporating the changes in the letter received February 2, 2015, and leaving the effective date to the discretion of the City Manager and Weiss Serota Helfman Cole Bierman & Popok. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Councilor Batte, Vice-Chair Brown, Councilor Honecker, Councilor Honig, Councilor Petricca and Chairman Sacher No: 1- Councilor Rios 13. Citizens' Comments Mr. James Timmerman, 831 Perrine Court, conveyed facts and expressed concerns about water quality regarding storm water runoff into the canals. He alluded to, and requested a copy of a report supposedly written by Environmental Specialist Nancy Richie that stated that there is no issue with storm water runoff. City Manager Roger Hernstadt stated that he will look into the issue of the report. Mr. Bill Harris, 101 Greenview Street, asked if the Smokehouse Bay Bridge contractor will pay penalties due to project delays; if drainage problems will be funded by the bucket plan; why citizens’ comments are at the end of the meeting when people have left; why Council can't get it right the first time regarding the rental ordinance; and why he has not received a list he requested of what debt will be paid with the bucket plan. City of Marco Island Florida Page 5 City Council Meeting Minutes - Final February 2, 2015 14. Council Comments Councilor Honecker asked Public Works Director Tim Pinter to explain about the delay in the work schedule for the Smokehouse Bay Bridge Project. Councilor Honecker made a request of the City Manager to update Council regarding how the bucket plan works. Councilor Honig asked for and received confirmation from the City Manager that today’s bucket plan in terms of debt repayment contemplates the complete repayment of City debt, excluding Utility debt, and the bridge project. 15. Adjournment The meeting adjourned at 8:27 p.m. ___________________________________ Larry Sacher, Council Chairman ATTEST: ___________________________________ Laura Litzan, City Clerk PREPARED BY: __________________________________ Sandra Schildhorn, Secretary City of Marco Island Florida Page 6