City Council

City of Marco Island Florida 51 Bald Eagle Drive Marco Island, Florida cityofmarcoisland.com Meeting Minutes - Final Tuesday, February 17, 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 17, 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 (Editorial Note: Vice-Chair Brown presided over the meeting in the absence of Chairman Sacher, who attended the meeting via telephone, with the approval of Council.) Also Present Roger T. Hernstadt, City Manager Laura Litzan, City Clerk Burt Saunders, 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 Sandra Schildhorn, Administrative Assistant Citizens and Visitors 3. Invocation by Reverend Ron Thompson of the United Church of Marco Island 4. Pledge of Allegiance 5. Approval of agenda MOTION by Chairman Sacher, seconded by Councilor Honig, approving the agenda amended to omit Item 6.c.1 “City Manager’s Employment Contract," and deferring any further discussion until the anniversary of his employment contract. 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 MOTION by Councilor Rios, seconded by Councilor Honig, approving the agenda amended to move Item 12.B “Resolution – Rose Marina Temporary Use Permit” before the City Manager’s Report. MOTION FAILED BY THE FOLLOWING VOTE: Yes: 3- Councilor Honig, Councilor Petricca and Councilor Rios No: 4- Councilor Batte, Vice-Chair Brown, Councilor Honecker and Chairman Sacher City of Marco Island Florida Page 1 City Council Meeting Minutes - Final February 17, 2015 5. Approval of consent agenda MOTION by Councilor Honig, seconded by Councilor Batte, approving the Consent Agenda. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Batte, Vice-Chair Brown, Councilor Honecker, Councilor Honig, Councilor Petricca, Chairman Sacher and Councilor Rios [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. Approval of Minutes 6.a.1 (*) Approval of Council Minutes of Special-Called Meeting of January 5, 2015; Regular Meeting of January 5, 2015; Special-Called Meeting of January 20, 2015 and Special-Called Meeting of January 29, 2015 B. Committee Appointments 6.b.1 (*)Appointment to the Waterways Advisory Committee (Councilor Honecker) This item was approved under the Consent Agenda. 6.b.2 Appointments to the Code Advisory Committee (Editorial Note: City Clerk Laura Litzan announced a correction to the Code Advisory Committee Appointments, i.e. Councilor Rios is not appointing Mr. Gene Burson.) MOTION by Councilor Honecker, seconded by Councilor Batte, approving the appointments to the Code Advisory Committee. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Batte, Vice-Chair Brown, Councilor Honecker, Councilor Honig, Councilor Petricca, Chairman Sacher and Councilor Rios C. Council Items Already Approved for Discussion by Consensus 6.c.1 City Manager's Employment Contract - Councilor Petricca This item was deferred under the approval of the agenda. 6.c.2 Charges for the Reading of Reuse Meters - Councilor Honecker Consensus of Council to direct staff to bring forward an Ordinance for implementation of a reuse meter reading charge. MOTION by Chairman Sacher to implement a charge for the reading of reuse meters, as well as secondary meters. MOTION FAILED FOR LACK OF A SECOND. City of Marco Island Florida Page 2 City Council Meeting Minutes - Final February 17, 2015 D. Council Communications (announcements and items to be considered for discussion by Council at a later date) Council agreed upon future agenda items for discussion as indicated below. E. Future Agenda Future Agenda Items Review of Fire and Police Pension Ordinance Reconsideration of the Wastewater Vacant Lot Assessment, as well as discussion regarding refunding of the $4610.00 STRP Vacant Lot Assessment 7. Citizens' comments on agenda items not scheduled for public hearing and items other than those appearing on the agenda. Ms. Coral Miller, 330 Nassau Court, requested a donation in support of the Florida State American Association of University Women (AAUW) to sponsor the AAUW Florida Tech Trek Camp (STEM - Science, Technology, Engineering and Math). Mr. Phil Kostelnik, 121 Channel Court, asked who the individuals were that were appointed to the Code Advisory Committee. Ms. Liz Fitch, 850 Magnolia Court, expressed a problem that she has regarding a comment under the terms and conditions of the Florida Fish and Wildlife Conservation permit for the removal of the burrowing owl nests at 865 Magnolia Court. Mr. Gregg Vilk, 850 Magnolia Court, remarked that he is waiting for a response from the City Manager regarding his inquiries about the lawfulness of commercial vessel use and also about an unlawful encroachment onto residential property. City Manager Roger Hernstadt responded to comments made by Mr. Gregg Vilk. He made a request of Police Chief Al Schettino to elaborate about the encroachment issue and Mr. Hernstadt followed with a response about commercial vessel use. 8. City Manager's Report A. Departmental Reports Parks & Recreation Monthly Report – Alex Galiana, Administrative/Facility Coordinator Growth Management Monthly Report – Tami Scott, Zoning Administrator Finance & Human Resources Monthly Report – Guillermo Polanco, Finance Director Information Technology Monthly Report – Mark Jackson, Director Public Works – Tim Pinter, Director - Smokehouse Bay Bridge Project Update / Quality Response Letter of February 9, 2015 Mr. Pinter introduced Mr. Howard Murrell, owner of Quality Enterprises. Mr. Murrell answered Council’s questions regarding delays in the Smokehouse Bay Bridge project. B. Community Announcements Community events for the period February 17th through March 1st were announced by City Clerk Laura Litzan. City of Marco Island Florida Page 3 City Council Meeting Minutes - Final February 17, 2015 The meeting went into recess at 7:13 p.m. It is noted for the record that the same Councilors were present when the meeting reconvened at 7:25 p.m. C. Presentations Waterways Advisory Committee Quarterly Report Mr. James Timmerman, Chairman of the Waterways Advisory Committee (WAC), presented an update of committee functions, and requested Council’s direction regarding moving forward with specific projects proposed by the WAC. 9. City Attorney's Report City Attorney Burt Saunders reported pending legal matters of the City that are being handled by his firm of Gray Robinson. He suggested giving the City Manager the authority to decide whether or not to transition the items to the newly appointed law firm of Weiss Serota Helfman Cole Bierman & Popok. 10. Quasi-Judicial Public Hearings: None. 11. Ordinances A. Ordinance - 1st Reading - Use of Synthetic Turf (Editorial History: At the request of Council, staff reviewed the existing landscape code which prohibits the use of synthetic turf. On February 6, 2015, the Planning Board approved the use of synthetic turf on private property only, not in a swale or right of way, on a case-by-case basis.) City Clerk Laura Litzan read, by title only, the first reading of Ordinance 15-04. Zoning Administrator Tami Scott provided background information and answered Council’s questions. Public Comment Mr. George Fonda, President of Anglers Cove Condominium Association, suggested focusing on the product specifications, and not on the property. Ms. Rhonda Gloodt, 1147 Vernon Place, remarked that one of the reasons she moved to Marco Island was because of its beauty, and that artificial turf is in total disagreement with nature. MOTION by Councilor Honecker, seconded by Councilor Petricca, approving the first reading of Ordinance 15-04. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Councilor Batte, Vice-Chair Brown, Councilor Honecker, Councilor Honig, Councilor Petricca and Councilor Rios No: 1- Chairman Sacher City of Marco Island Florida Page 4 City Council Meeting Minutes - Final February 17, 2015 B. Ordinance - 1st Reading - Requesting Modification of the Existing Mixed Use Ratio in the C-4 Zoning District (Editorial History: This Ordinance is proposed to modify the existing mixed use ratio in C-4 zoning district from 25% commercial and 75% residential to 50% commercial and 50% residential. On February 6, 2015, the Planning Board voted 5-1 to approve the ratio change.) City Clerk Laura Litzan read, by title only, the first reading of Ordinance 15-03. Zoning Administrator Tami Scott provided background information and answered Council’s questions. MOTION by Chairman Sacher, seconded by Councilor Honig to table Ordinance 15-03, pending review of the RFP (Request for Proposal) of the LDC (Land Development Code). MOTION FAILED BY THE FOLLOWING VOTE: Yes: 3- Councilor Honig, Chairman Sacher and Councilor Rios No: 4- Councilor Batte, Vice-Chair Brown, Councilor Honecker and Councilor Petricca MOTION by Councilor Batte, seconded by Councilor Petricca, approving Ordinance 15-03. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 5- Councilor Batte, Vice-Chair Brown, Councilor Honecker, Councilor Petricca and Councilor Rios No: 2- Councilor Honig and Chairman Sacher C. Ordinance - 1st Reading - Request to Modify the Language in the Land Development Code pertaining to Commercial Non Contiguous Off Street Parking and Loading. (Editorial History: This ordinance has been proposed to change the language in the Land Development Code, Article V, “Off-Street Parking and Loading” to allow for potential metered parking in the future if needed. This would enable property/business owners to purchase a parking meter that would count toward their parking requirement if needed. On January 9, 2015, the Planning Board recommended approval of the modifications by a vote of 6-0.) City Clerk Laura Litzan read, by title only, the first reading of Ordinance 15-02. There was no public comment. MOTION by Councilor Honecker, seconded by Councilor Batte approving the first reading of Ordinance 15-02. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 5- Councilor Batte, Vice-Chair Brown, Councilor Honecker, Councilor Honig and Councilor Rios No: 2- Councilor Petricca and Chairman Sacher City of Marco Island Florida Page 5 City Council Meeting Minutes - Final February 17, 2015 12. Resolutions for Adoption A. (*) Resolution 15-11 Ratifying J.R. Evans Engineering, P.A. Purchase Order This item was approved under the Consent Agenda. B. Resolution - Rose Marina located at 951 Bald Eagle Drive is requesting a Temporary Use Permit for Construction Staging (Editorial History: The Rose Marina, located at 951 Bald Eagle Drive, is requesting a twelve month temporary use permit for construction staging. The application covers three separate areas under the same application. All three lots are owned by the applicant. The areas will be used for boat storage, construction staging, and parking.) City Clerk Laura Litzan read, by title only, Resolution 15-12. Mr. Craig Woodward, attorney representing the Rose Marina, Mr. Dan High, General Manager of the Rose Marina, Mr. Josh Maxwell, Project Manager with Turrell Hall and Associates, and Mr. Tim Hall, of Turrell Hall and Associates provided information in support of Rose Marina’s application for a temporary use permit. Public Comment The following citizens expressed opposition to Rose Marina’s proposed request for a temporary use permit for construction staging. Ms. Rhonda Gloodt, 1147 Vernon Place Ms. Jan Jackman, 889 Magnolia Court Ms. Liz Fitch, 850 Magnolia Court Mr. Gregg Vilk, 850 Magnolia Court Mr. Patrick Walsh, 874 Magnolia Court Ms. Darla Achey, 864 Magnolia Court Ms. A.K. Battaglia, 39 North Collier Boulevard Mr. George Fonda, President of Anglers Cove Condominium Association, provided an alternative solution to the problem, suggesting they use the Key West Express parking lot for construction staging. Mr. James Curran, 590 Club Marco Circle, speaking on behalf of the Marco Island Civic Association (MICA), reported that MICA supports the Rose Marina project, but has an issue regarding noncompliance with the deed restrictions established by the Deltona Corporation, and suggest finding an alternative plan. MOTION by Chairman Sacher, seconded by Councilor Batte, approving Resolution 15-12, with City staff's recommendations to pressure wash or to reimburse Anglers Cove for the cost of pressure washing the two sections of Anglers Cove which parallel Bald Eagle Drive, and amended to include the affected lanais. 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 of Marco Island Florida Page 6 City Council Meeting Minutes - Final February 17, 2015 MOTION by Councilor Honecker, no second, to extend the meeting past 9:30 p.m. MOTION CARRIED 6-1. Chairman Sacher opposed. 13. Citizens' Comments Mr. Dale Roble, 1133 Whiteheart Court, remarked about an issue regarding the close proximity of his dock to his neighbor’s dock at 1123 Whiteheart Court. He suggested that the Planning Department should have reviewed and applied Section 54-111, (a) (6) of the City’s Code of Ordinances before issuing the permit for his neighbor’s dock. He requested a review of why the City code was not followed and asked what will be done to rectify the problem, so that he is able to use his dock. 14. Council Comments Councilor Batte thanked City Manager Roger Hernstadt and staff for their support and assistance provided to the Vietnam Travelling Memorial Wall Planning Committee in preparation for the arrival of the wall on Marco Island on February 12th. He announced that over 14,000 people came to view the wall and that the contributions were tremendous. Councilor Petricca made a request of the City Manager to ascertain if there is a policy in place for the maintenance and replacement of street signs. 15. Adjournment The meeting adjourned at 9:58 p.m. ___________________________________ Bob Brown, Council Vice-Chairman ATTEST: ___________________________________ Laura Litzan, City Clerk PREPARED BY: ___________________________________ Sandra Schildhorn, Administrative Assistant City of Marco Island Florida Page 7