City Council

City of Marco Island Florida 51 Bald Eagle Drive Marco Island, Florida cityofmarcoisland.com Meeting Minutes - Final Monday, March 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 March 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 Alan L. Gabriel, City Attorney Mike Murphy, Fire Chief Al Schettino, Police Chief Guillermo Polanco, Director of Finance Tim Pinter, Director of Public Works John Pratt, Manager Wastewater Treatment Tami Scott, Zoning Administrator Mark Jackson, Director of Information Technology Sandra Schildhorn, Administrative Assistant Citizens and Visitors 3. Invocation by Pastor Kyle Bennet of St. Mark's Episcopal Church 4. Pledge of Allegiance - Led by Councilor Petricca 5. Approval of agenda and consent agenda MOTION by Councilor Rios, seconded by Councilor Petricca, approving the Agenda and the Consent Agenda, amended with a correction to the minutes of the January 20, 2015 regular City Council meeting, and amended to remove Item 12. a. from the Consent Agenda, "Resolution Amending Exhibit A, Utility Rate Schedule to Ordinance 2003-19." 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 Approval of Council Minutes of January 20, 2015; February 2, 2015 and February 17, 2015 City of Marco Island Florida Page 1 City Council Meeting Minutes - Final March 2, 2015 B. (*)Committee Appointments Appointment to the Code Advisory Committee C. Council Items Already Approved for Discussion by Consensus 6.c.1 Revisit Seawall Staging Ordinance (Councilor Petricca) Councilor Petricca suggested revisiting the seawall staging ordinance. No action was taken by Council. Revisit Seawall Staging Ordinance 6.c.2 Esplanade Marina Signage (Councilor Sacher) Chairman Sacher reported that the Esplanade Marina is currently in compliance with the requirements for signage. 6.c.3 Reconsideration of Vacant Lot Assessment for Waste Water (Councilors Honecker & Brown) MOTION by Councilor Honecker, seconded by Councilor Petricca, to refund vacant lot Utility impact fee assessments charged under the STRP Program. MOTION FAILED BY THE FOLLOWING VOTE: Yes: 3- Councilor Honecker, Councilor Petricca and Councilor Rios No: 4- Councilor Batte, Vice-Chair Brown, Councilor Honig and Chairman Sacher 6.c.3 Reconsideration of Vacant Lot Assessment for Waste Water (Councilors Honecker & Brown) MOTION by Councilor Petricca to reconsider the wastewater vacant lot assessment with modifications. MOTION FAILED FOR LACK OF A SECOND. D. Council Communications (announcements and items to be considered for discussion by Council at a later date) Councilor Honecker questioned whether the Waterways Advisory Committee understood Council’s direction to not pursue water quality testing. Councilor Petricca responded that he has spoken with the Chairman of the Waterways Advisory Committee, and that he understands not to pursue water quality testing going forward. Councilor Honecker suggested and Council agreed to have the dock extension issue addressed by the Planning Board, and not by the Waterways Advisory Committee. Councilor Petricca announced the passing of a Common Core Resolution by the Board of Collier County Commissioners that is different than what was previously presented to Council. He suggested that it be brought forward for discussion at the next meeting. Councilor Petricca suggested and Council agreed to schedule a discussion regarding the drafting of an ordinance dealing with sex offenders residing on Marco Island. City of Marco Island Florida Page 2 City Council Meeting Minutes - Final March 2, 2015 E. Future Agenda Items March 16, 2015, 1:00 p.m. - Utility Workshop March 16, 2015, 5:30 p.m. - Regular Meeting -Common Core Resolution -Sex Offenders Ordinance -RFP for Goodland Fire Service Resolution April 20, 2015, 3:00 p.m. – Workshop -Establish Process and Rules for Citizen Sponsored Initiatives 7. Citizens' comments on agenda items not scheduled for public hearing and items other than those appearing on the agenda. Mary Reeder, 1280 Aruba Court, spoke about new dock construction infringing access to her dock. Mr. Erland Stevens, 3000 Royal Marco Way, expressed concern about governance and trust of Council and future Councils in regard to the use of the wastewater assessment. Mr. Marty Glaser, 762 Hideaway Circle West, stated that the sewer program by previous Councils could have and should have been enacted in a better way, as some citizens were unfairly treated. He suggested selling the Water Utility or considering a merger as a way to reduce debt. Mr. Gene Siegel, 380 Gumbo Limbo Lane, remarked that there is no logic to the wastewater assessment, and advised walking away from it. Mr. Louis Rana, 341 Hideaway Circle South, pointed out that the issue has to do with Florida statutes and that citizens are protected by law that puts the responsibility on municipalities to demonstrate that a special assessment will benefit the citizens and be reasonably apportioned. Mr. Gregg Vilk, 850 Magnolia Court, commented about, and expressed opposition to Council’s approval of Rose Marina’s temporary use permit for construction staging. Mr. Bruce Weinstein, 6000 Royal Marco Way, is of the opinion that one group is being singled out in regard to the wastewater assessment, instead of leveling out the playing field City-wide and also outside of the City, as Hammock Bay is covered by Marco Island Utilities. Ms. Cynthia Prince, 760 Partridge Court, stated that as an owner of vacant lots in other states, she is required to pay assessments on the lots for any improvements that benefit the community as a whole. Mr. Eric Phillips, 1878 Dogwood Drive, speaking on behalf of local businesses, asked for Council’s intervention in regard to the withholding of a permit by the City for a special event on St. Patrick’s Day because of potential parking issues. Council voted 6-1 (Council Honig opposed) to leave the matter to the discretion of City staff and the City Manager to determine if the businesses, in conjunction with the Police Department, have worked out an acceptable alternative to the parking issue. City of Marco Island Florida Page 3 City Council Meeting Minutes - Final March 2, 2015 8. City Manager's Report A. Departmental Reports Fire Rescue Monthly Report - Fire Chief Mike Murphy Chief Murphy requested direction from Council in regard to a request for proposal by Collier County for alternatives for the provision of fire services to Goodland, Isles of Capri, Ochopee, and District 1, that excluded the City of Marco Island from submitting a bid. MOTION by Councilor Honig, seconded by Vice-Chair Brown, authorizing Chairman Sacher to contact Commissioner Fiola regarding the issue, and directing staff to draft a resolution for consideration at the March 16th meeting in support of Collier County Board of Commissioners recognizing the City of Marco Island as a potential respondent to the fire services solicitation request. MOTION CARRIED UNAMINOUSLY 7-0. Police Monthly Report – Police Chief Al Schettino Public Works Monthly Report – Tim Pinter, Director Water & Sewer Monthly Report – John Pratt, Manager Wastewater Treatment B. Community Announcements City Clerk Laura Litzan announced community events occurring March 2nd to March 15th. 9. City Attorney's Report City Attorney Alan Gabriel asked for Council’s direction regarding how to proceed in litigation matters to come back to Council for settlement approval, and in matters of attorney conflicts. Council voted 6-1 (Councilor Rios opposed), authorizing the City Attorney and City Manager to work concurrently to bring back at the next meeting a recommendation for Council's consideration and discussion regarding Mr. Gabriel's request for direction. Attorney Gabriel also requested to meet with Council regarding their request for his recommendations regarding the proposed rental ordinance. The meeting went into recess at 7:40 p.m. It is noted for the record that the same Councilors were present when the meeting reconvened at 7:55 p.m. 10. Quasi-Judicial Public Hearings - None. 11. Ordinances a. Ordinance - 2nd Reading - Use of Synthetic Turf (Editorial History: At Council's request staff reviewed the 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. On February 17, 2015, Council approved the first reading of the Ordinance.) City of Marco Island Florida Page 4 City Council Meeting Minutes - Final March 2, 2015 City Clerk Laura Litzan read, by title only, the second reading of Ordinance 15-04. There was no public comment. MOTION by Vice-Chair Brown, seconded by Councilor Honig, approving the second reading of Ordinance 15-04 as amended. 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. Ordinance - 2nd 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. On February 17, 2015, City Council approved the first reading of the proposed Ordinance.) City Clerk Laura Litzan read, by title only, the second reading of Ordinance 15-03. There was no public comment. MOTION by Councilor Batte, seconded by Councilor Honecker, approving the second reading of Ordinance 15-03. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Councilor Batte, Vice-Chair Brown, Councilor Honecker, Councilor Petricca, Chairman Sacher and Councilor Rios No: 1- Councilor Honig c. Ordinance - 2nd 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 is proposed to change the language in the Land Development Code, Article V, “Off Street Parking and Loading” to expand private parking opportunities and allow for potential public parking in the future if approved on a case by case basis. This would enable property/business owners to use previously ineligible but available parking that could 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. On February 17, 2015, City Council approved the first reading of the proposed Ordinance.) City Clerk Laura Litzan read, by title only, the second reading of Ordinance 15-02. There was no public comment. MOTION by Councilor Honecker, seconded by Councilor Batte, approving Ordinance 15-02. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Councilor Batte, Vice-Chair Brown, Councilor Honecker, Councilor Honig, Chairman Sacher and Councilor Rios No: 1- Councilor Petricca City of Marco Island Florida Page 5 City Council Meeting Minutes - Final March 2, 2015 12. Resolutions for Adoption a. (*)Resolution Amending Exhibit “A” Utility Rate Schedule to Ordinance 2003-19 (Editorial History: Ordinance 2003-19 authorizes subsequent utility rate modifications to be implemented by resolution. For consistency purposes Council proposes to implement a $3.00 monthly meter reading fee for effluent and raw water meters similar to the fee for single family homes with companion meters.) This item was removed from the Consent Agenda for discussion. Finance Director Guillermo Polanco provided information requested by Council. There was no public comment. MOTION by Councilor Honecker, seconded by Councilor Honig, approving Resolution 15-16, as amended. 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 b. (*) Resolution to Accept the Modification Agreement to the 2014 State Homeland Security Subgrant Program (Editorial History: Since 2002 the State of Florida has awarded State Homeland Security Grant Program (SHSGP) grants for Hazardous Materials/Weapons of Mass Destruction to the City of Marco Island. For City Council’s consideration is a Modification Agreement to the 2014 SHSGP Recipient Agreement Expenditure of Local Government Unit Funding for Florida. The modification is required and will award additional funding of $7,000 to provide for participation in SoFlex 2015, a statewide deployment mobilization exercise of State Hazardous Materials and USAR Teams.) This item was approved under the Consent Agenda. c. (*) Resolution to Name the Community Room (Council Chambers) (Editorial History: On February 17, 2015, the Parks and Recreation Advisory Committee voted 4-2 in favor of renaming the Community Room to the Dr. Fay and Bedford Biles Community Room.) This item was approved under the Consent Agenda. 13. Citizens' Comments. None. 14. Council Comments Councilor Honecker suggested moving forward with an updated impact fee schedule. Councilor Petricca suggested revisiting the Utility rate structure in the near future. City of Marco Island Florida Page 6 City Council Meeting Minutes - Final March 2, 2015 15. Adjournment The meeting adjourned at 8:24 p.m. ___________________________________ Larry Sacher, Council Chairman ATTEST: ___________________________________ Laura Litzan, City Clerk PREPARED BY: ___________________________________ Sandra Schildhorn, Administrative Assistant City of Marco Island Florida Page 7