City Council

City of Marco Island Florida 51 Bald Eagle Drive Marco Island, Florida cityofmarcoisland.com Meeting Minutes - Final Wednesday, September 9, 2015 3:00 PM WORKSHOP 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 September 9, 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 Tim Pinter, Director of Public Works Lisa Smith, Recording Clerk 3. Business - Summary of Esplanade's Claim - City Attorney Alan Gabriel ID 15 -317 Summary of Esplanade’s Claim Chairman Sacher reminded Council that this is a workshop session so there will not be any motions made, however they will try to reach a consensus or majority agreement amongst Council to provide direction to the City Attorney. City Attorney Alan Gabriel provided a presentation on the "Inverse Condemnation Claim" by the Esplanade Condominium Association and the Esplanade Marine Association. The presentation encompassed an overview of eight items: 1.) Temporary Construction Easement 2.) Permanent Maintenance Easement 3.) Land Restoration 4.) General Landscaping to Mitigate Bridge Impact 5.) Loop Sidewalk 6.) Five Foot Public Access Sidewalk 7.) Riparian Rights 8.) Attorney Fees and Costs Items #1, #2, and #6 relate to easements for the benefit of the City, or the Public, accordingly it is suggested that these issues be considered collectively. Items #3, #4, and #5 relate to landscaping, plantings and irrigation (including the triangle area) accordingly it is suggested that these issues be considered collectively. Item #7 relates to Esplanade's claim of Loss of Riparian Rights. That claim has the potential largest monetary value as calculated by Esplanade's Counsel, Kenneth Jones. It is the City's contention and belief that the Esplanade's Riparian Rights are NOT impacted by the triangular parcel of land which was created when the North Collier Boulevard Bridge was constructed. City of Marco Island Florida Page 1 City Council Meeting Minutes - Final September 9, 2015 Item #8 relates to attorney's fees and costs, plus out of pocket expenses. Any such fees and expenses, if awarded, should be based upon the City's anticipated liability and reasonableness under the circumstances. Though unrelated to the inverse condemnation claim as specified herein, there has been a recent allegation that the subject Bay Bridge Project has affected the Esplanade's storm water drainage in some way. The City is not aware, nor does it believe that the Smokehouse Bay Bridge construction projected has affected the Esplanade's storm water drainage. After a lengthy discussion on the items listed, a vote was taken by a show of hands: 1.) Council agreed they would like a permanent easement and they gave guidance to the City Attorney regarding items #1, #2, and #6 of a profit amount of $17,700.00. Vote carried 6-1 (Councilor Rios opposed) THE MEETING WENT INTO RECESS AT 4:01 P.M. IT IS NOTED FOR THE RECORD THAT THE SAME COUNCILORS WERE PRESENT WHEN THE MEETING RECONVENED AT 4:06 2.) Regarding items #3, #4, and #5 Council concurred to authorize the City Attorney to provide additional landscaping to the Esplanade with no value as long as it is within the budget. Vote carried 7-0 3.) Regarding item #7, the majority of Council (Councilor Honecker, Councilor Batte, Vice-Chair Brown, and Chairman Sacher) agreed there are no Riparian Rights. Councilor Honecker is asking the City Attorney provide an expert opinion letter from his firm so they have a document on file and Council agreed. Vote carried 7-0 4.) Regarding item #8, Council authorized the City Attorney to address legal fees with the Council for the Esplanade and to continue negotiations. Vote carried 7-0 4. Citizen Comments None 5. Adjournment There being no further business to come before City Council, the meeting adjourned at 4:45 P.M. ____________________________________ Larry Sacher, Council Chairman ATTEST: ____________________________________ Laura Litzan, City Clerk PREPARED BY: ____________________________________ Lisa Smith, Recording Clerk City of Marco Island Florida Page 2