City Council

City of Marco Island Florida 51 Bald Eagle Drive Marco Island, Florida cityofmarcoisland.com Meeting Minutes - Final Monday, April 6, 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 April 6, 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 Justin Martin, Water & Sewer Senior Project Manager Tami Scott, Zoning Administrator, Growth Development Sandra Schildhorn, Administrative Assistant Citizens and Visitors 3. Invocation by Reverend Thomas McCulley of the New Life Community Church 4. Pledge of Allegiance - Led by Vice-Chair Brown 5. Approval of agenda and consent agenda MOTION by Councilor Honig, second by tacit agreement, to remove Item 12(e) “Resolution 15-28 to Adopt the Resolution Adopted by the Collier County Board of Commissioners pertaining to Local School Board Control” from the Consent Agenda, for a separate vote by Council. MOTION APPROVING RESOLUTION 15-28 CARRIED BY THE FOLLOWING VOTE: Yes: 4- Councilor Batte, Councilor Honecker, Councilor Petricca and Councilor Rios No: 3- Vice-Chair Brown, Councilor Honig and Chairman Sacher REQUEST by Councilor Honig to defer Item ID 15-107 “Second Reading of Ordinance 15-07 Alley Parking Language Ordinance Change” to a future meeting. REQUEST FAILED BY THE FOLLOWING VOTE: Yes: 3- Vice-Chair Brown, Councilor Honig and Councilor Rios No: 4- Councilor Batte, Councilor Honecker, Councilor Petricca and Chairman Sacher City of Marco Island Florida Page 1 City Council Meeting Minutes - Final April 6, 2015 REQUEST by Councilor Petricca to add to the agenda “Reconsideration of the Rental Ordinance” as the first item under Item 11 - Ordinances. REQUEST APPROVED 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 REQUEST by Chairman Sacher to add to the Consent Agenda Item 12(h) “Resolution 15-33 Site Development Plan for Garske Petition.” REQUEST APPROVED BY THE FOLLOWING VOTE: Yes: 7- Councilor Batte, Vice-Chair Brown, Councilor Honecker, Councilor Honig, Councilor Petricca, Chairman Sacher and Councilor Rios REQUEST by Councilor Petricca to defer Item ID 15-119 “Selection of a Third Magistrate” to a future meeting. REQUEST APPROVED 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 MOTION by Councilor Honecker, seconded by Councilor Rios, approving the Agenda and the Consent Agenda, 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 [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 a.1 Approval of Council Workshop Minutes of March 16, 2015 a.2 Approval of Council Minutes of March 16, 2015 b(*) Council Items Already Approved for Discussion by Council Selection of Third Magistrate This item has been deferred to a future meeting. City of Marco Island Florida Page 2 City Council Meeting Minutes - Final April 6, 2015 c. Council Communications (announcements and items to be considered for discussion by Council at a later date) Councilor Batte announced that the City of Marco Island will be hosting a meeting of the Metropolitan Planning Organization in Council Chambers, on Friday, April 10, 2015, at 9:00 a.m. Councilor Rios made a request of the City Manager to schedule a future discussion regarding a proposal by GPN Energy about estimated savings the City of Marco Island can expect with the conversion to LED lighting along Collier Boulevard. d. Future Agenda Items Future Agenda Items Utility Rate Workshop - April 13, 2015 Reconsideration of the Rental Ordinance - May 4, 2015 7. Citizens' comments on agenda items not schedule for public hearing and items other than those appearing on the agenda. Mr. Bill Morris, representing the Marco Island Sunrise Rotary Club, and in cooperation with Mr. Keith Dameron, announced a new program that is being established, "KOPS" (Kindness on Patrol Service), in conjunction with the Police Department, to provide funding for people in need. 8. City Manager's Report a. Departmental Reports Fire Rescue Monthly Report – Fire Chief Mike Murphy Public Works Lighting and Monthly Report – Director Tim Pinter Police Department Monthly Report – Police Chief Al Schettino Water & Sewer Monthly Report – Senior Project Manager Justin Martin City Manager’s Report b. Community Announcements City Clerk Laura Litzan announced community events occurring April 6 to April 19, 2015. c. Presentations Bike Path Committee Annual Report Mr. Al Musico, Chairman of the City of Marco Island Bike Path Ad-Hoc Committee, provided a presentation regarding the current status of bike pathway projects and projected Florida Department of Transportation approved projects. City of Marco Island Florida Page 3 City Council Meeting Minutes - Final April 6, 2015 9. City Attorney's Report City Attorney Alan Gabriel reported that he has met with Mr. Ken Jones, the attorney representing the Esplanade regarding issues relating to the Esplanade property, and expects written documentation from Mr. Jones in the next couple of weeks. The meeting went into recess at 7:18 p.m. It is noted for the record that the same Councilors were present when the meeting reconvened at 7:30 p.m. 10. Quasi-Judicial Public Hearings: None. 11. Ordinances Reconsideration of Rental Ordinance... MOTION by Councilor Petricca, seconded by Councilor Batte, to reconsider the second reading of Rental Ordinance 15-01 at the May 4, 2015 meeting. 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 a. Second Reading - Alley Parking Language Ordinance Change (Editorial History: This Ordinance has been proposed to change the language in existing “Prohibited Parking Code, Chapter 50, Section 50-37,” and was approved on first reading at the March 16, 2015 City Council meeting.) City Clerk Laura Litzan read, by title only, the second reading of Ordinance 15-07. There was no public comment. MOTION by Councilor Honecker, seconded by Councilor Batte, approving the second reading of Ordinance 15-07. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 5- Councilor Batte, Councilor Honecker, Councilor Honig, Councilor Petricca and Chairman Sacher No: 2- Vice-Chair Brown and Councilor Rios b. Second Reading - Noise Ordinance (Editorial History: The proposed modification to the noise ordinance will allow the City to respond to noise complaints without the use of a noise monitor as well as to allow enforcement 24/7, 365 days a year. The Ordinance was approved on first reading at the March 16, 2015 City Council meeting.) City Clerk Laura Litzan read, by title only, the second reading of Ordinance 15-06. City of Marco Island Florida Page 4 City Council Meeting Minutes - Final April 6, 2015 Public Comment: Mr. Ray McChesney, 1753 Granada Drive, remarked that there is no need for a 24/7 noise ordinance because the current ordinance of 10:00 p.m. to 7:00 a.m. is adequate. He suggested that the proposed ordinance be targeted toward rental properties, include commercial, and exclude single family homes. Mr. Dick Shanahan, Barcelona Court, expressed support of the proposed noise ordinance. Mr. Dick Adams, 489 Driftwood Court, commented that the current noise ordinance is defective, and suggested that Council task a group to work on the proposed ordinance to “get it right.” Mr. Bill Harris, 101 Greenview Street, remarked that time is being wasted “beating this to death,” and that there already is an ordinance against disturbing the peace which can be enforced by the police. MOTION by Councilor Batte, seconded by Councilor Honig, approving the second reading of Ordinance 15-06. 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 c. LDC Amendment Section 30-793(2), Construction Temporary Use Permit (Editorial History: This is an Ordinance to approve a proposed language change to Land Development Code, Section 30-793, to allow for tent-like structures for a period not to exceed two years, and subject to a public hearing before the Planning Advisory Board and the City Council.) City Clerk Laura Litzan read, by title only, the first reading of the Ordinance. There was no public comment. MOTION by Councilor Honecker, seconded by Vice-Chair Brown, approving the first reading of the Ordinance. 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 d. Ordinance - Second Reading - Sex Offender Ordinance (Editorial History: At the City Council meeting of March 16, 2015, Council directed the City Attorney to draft a Sexual Offender Ordinance.) City Clerk Laura Litzan read, by title only, the first reading of the Ordinance. There was no public comment. City of Marco Island Florida Page 5 City Council Meeting Minutes - Final April 6, 2015 MOTION by Councilor Petricca, seconded by Councilor Batte, approving the first reading of the Ordinance. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Batte, Vice-Chair Brown, Councilor Honecker, Councilor Honig, Councilor Petricca, Chairman Sacher and Councilor Rios 12. Resolutions for Adoption a.(*) Award of Contract for Sidewalk Construction at Various Locations (2014) (Editorial History: At the request of the City Council, the Public Works Department advertised bids for the construction of sidewalks in various locations on Marco Island.) Resolution 15-25 was approved under the Consent Agenda. b.(*) Award of Contract for FY15 Annual Street and Roadway Resurfacing Program (Editorial History: On January 20, 2015, the Annual Resurfacing Program was presented to City Council. This Resolution for the award of a contract is to implement the first year of the annual resurfacing program. The contract will be awarded to Preferred Materials, Inc.) Resolution 15-27 was approved under the Consent Agenda. c.(*) Resolution Authorizing the Purchase of a Forklift (Editorial History: The Water & Sewer Department currently shares one forklift between the North Water Treatment Plant warehouse and the South Water Treatment Plant warehouse. A second forklift is needed for use on a daily basis for on/off loading of parts from trucks, warehousing, and assisting in repairs around the facility.) Resolution 15-26 was approved under the Consent Agenda. d.(*) Resolution to Approve and Adopt the Collier County Local Mitigation Strategy Plan (Editorial History: Per the Disaster Mitigation Act of 2000, it is necessary to have an updated Local Mitigation Strategy adopted by the City of Marco Island every five years.) Resolution 15-29 was approved under the Consent Agenda. e.(*) Resolution to Adopt the Resolution Adopted by the Collier County Board of Commissioners pertaining to Local School Board Control (Editorial History: At the March 16, 2015 meeting, City Council directed staff to prepare a resolution based on the resolution adopted by the Collier County Board of Commissioners.) City Clerk Laura Litzan read, by title only, Resolution 15-28 Resolution 15-28 was removed from the Consent Agenda for a separate vote by Council. See vote by Council under "Approval of the Agenda and Consent Agenda." City of Marco Island Florida Page 6 City Council Meeting Minutes - Final April 6, 2015 f.(*) Resolution 15-31 Approving the Code Compliance of Civil Penalties and Fines replacing Resolution 14-77 (Editorial History: On December 1, 2014, City Council adopted Resolution 14-77 and the Schedule for Civil Penalties and Fines associated with Code Enforcement. Upon the hiring of a new City Attorney, he was asked to review the Resolution and the Schedule for Civil Penalties and Fines. Following review by the City Attorney and staff, the City Attorney recommended changes and additions to provide a better legally defensible position. The new schedule provides a list of violations and the dollar amounts of civil penalties and fines that can be enforced pursuant to the provisions in Chapter 14 of the Code and as provided elsewhere in the Code by general law.) Resolution 15-31 was approved under the Consent Agenda. g.(*) Resolution to Approve Fees Associated with City Council Authorized Synthetic Turf Installation Permit Application & Inspection Resolution 15-30 was approved under the Consent Agenda. h. Resolution to Approve the Site Development Plan for Garske Petition (Editorial History: Petitioner requesting approval of a site development plan to construct a new 11,900 square foot single administrative/office building on two combined lots located at 188 & 198 South Barfield Drive. The petitioner intends to use the entire building as his office, in addition to using the space to showcase his car memorabilia collection and antique cars. This will be a combined use.) City Clerk Laura Litzan read, by title only, Resolution 15-33. Resolution 15-33 was approved under the Consent Agenda. i. Resolution to Approve the Site Development Plan for the Moose Lodge (Editorial History: Petitioner requesting approval of a site development plan for renovation of facility located at 1000 North Barfield Drive, to be utilized as an administrative office and function hall for members of the Loyal Order of Moose Fraternal Organization.) City Clerk Laura Litzan read, by title only, Resolution 15-34. Zoning Administrator Tami Scott and Mr. Bill Collins, representing the Moose Lodge provided information and answered Council’s questions. There was no public comment. MOTION by Councilor Rios, seconded by Councilor Petricca, approving Resolution 15-34, 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 City of Marco Island Florida Page 7 City Council Meeting Minutes - Final April 6, 2015 j. Resolution to Proceed with Contract Negotiations with Victor L. Latavich, Architect, PA pertaining to the Architectural Design for Mackle Park Community Center (Editorial History: At a non-binding referendum on August 26, 2014, City of Marco Island voters expressed approval for spending up to $3.5 million dollars to construct a new Community Center up to 16,000 square feet at Mackle Park.) City Clerk Laura Litzan read, by title only, Resolution 15-35. There was no public comment. MOTION by Councilor Petricca, seconded by Vice-Chair Brown, approving Resolution 15-35. 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. Citizen Comments None. 14. Council Comments Councilor Honecker requested that staff look into a solution to prevent the occurrence of fishing under the new Smokehouse Bay Bridge. 15. Adjournment The meeting adjourned at 8:48 p.m. ____________________________________ Larry Sacher, Council Chairman ATTEST: ____________________________________ Laura Litzan, City Clerk PREPARED BY: ____________________________________ Sandra Schildhorn, Administrative Assistant City of Marco Island Florida Page 8