City Council

City of Marco Island Florida 51 Bald Eagle Drive Marco Island, Florida cityofmarcoisland.com Meeting Minutes - Final Monday, November 14, 2016 5:30 PM Community Meeting Room City Council Chairman: Larry Honig City Council: Joe Batte, Bob Brown, Jared Grifoni, Howard Reed, Victor Rios and Charlette Roman City Manager: Roger Hernstadt City Clerk: Laura Litzan - City Attorney: Alan Gabriel City Council Meeting Minutes - Final November 14, 2016 Swearing in of Councilors-Elect Newly elected City Council members, Councilor Jared Grifoni, Councilor Howard Reed, Councilor Charlette Roman and Councilor Larry Honig were sworn in by the Honorable Ramiro Manalich, Southwest Florida 20th Judicial Circuit Court Judge. Election of Chair and Vice-Chair (Editorial History: The City Charter provides “the Council shall elect a Chairman and Vice-Chairman to serve for a term of one year at the first meeting following the Council election, and the annual anniversary thereafter.”) MOTION by Councilor Rios, nominating Councilor Honig as Council Chairman. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Batte, Councilor Brown, Vice-Chair Grifoni, Chairman Honig, Councilor Reed, Councilor Rios and Councilor Roman Election of Chair and Vice-Chair MOTION BY Councilor Reed, nominating Councilor Grifoni as Council Vice-Chairman. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Batte, Councilor Brown, Vice-Chair Grifoni, Chairman Honig, Councilor Reed, Councilor Rios and Councilor Roman THE MEETING WENT INTO RECESS AT 5:36 P.M. IT IS NOTED FOR THE RECORD THE SAME COUNCILORS WERE PRESENT WHEN THE MEETING RECONVENED AT 5:53 P.M. 1. Call to Order The meeting was called to order after the election of the Chairman and Vice-Chairman at 5:53 P.M. 2. Roll Call Present: 7- Councilor Batte, Councilor Brown, Vice-Chair Grifoni, Chairman Honig, Councilor Reed, Councilor Rios and Councilor Roman 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 Tami Scott, Zoning Administrator - Growth Management Tim Pinter, Director of Public Works Jeff Poteet, General Manager - Water & Sewer Lola Dial, Recreation Manager Alex Galiana, Parks Administrative/Facility Coordinator Lisa Smith, Recording Specialist Citizens and Visitors City of Marco Island Florida Page 1 City Council Meeting Minutes - Final November 14, 2016 3. Invocation - Led by Councilor Reed 4. Pledge of Allegiance - Led by Councilor Roman (IT IS NOTED FOR THE RECORD, THE ITEMS ON THE AGENDA APPEAR IN NUMERICAL ORDER IN THE MINUTES.) 5. Approval of Agenda and Consent Agenda Vice-Chair Grifoni requested a change in the order of the agenda, to move Item 10 (Quasi-Judicial Public Hearings) Item 11 (Ordinances) and Item 12 (Resolutions) before Item 8 (City Managers Report). City Manager Roger Hernstadt requested removing item 12-A (Resolution 16-87) from the Consent Agenda. Chairman Honig requested removing Items 6-A-1 ( Approval of City Council meeting minutes of October 17, 2016) and Item 6-A-2 (Approval of the 2017 City Council meeting schedule) from the Consent Agenda. The approval of the amended Agenda and Consent Agenda was approved by tacit agreement. 6. City Council Items A. Approval of Minutes 1. ID 16-982 Approval of City Council meeting minutes of October 17, 2016 Following discussion, It was agreed by consensus (vote 7-0) to approve the City Council October 17, 2016 minutes. 2. ID 16-1080 Approval of the 2017 City Council Meeting Schedule Following discussion, It was agreed by consensus (vote 7-0) to approve the 2017 City Council meeting schedule. B. Presentations / Community Proclamations ID 16-1100 2016 Punt, Pass and Kick Presentations Winners of the Marco Island “Annual Punt, Pass & Kick Competition” were announced by Lola Dial, Recreation Manager and Alex Galiana, Parks Administrative/Facility Coordinator as follows: Boys 6/7 years old – Jack Bonos Boys 8/9 years old – Jake Bruni Girls 8/9 years old – Savannah Drott Boys 10/11 years old – Bobby Leiti Girls 10/11 years old – Lyndsay Lowdermilk Boys 12/13 years old -- James Burns Boys 14/15 years old – Jack Smith City of Marco Island Florida Page 2 City Council Meeting Minutes - Final November 14, 2016 C. Council Communications and Discussion (per 2f) - 15 minute limit Due to time constraints, Councilor Rios suggested moving Item 6-C (Council Communications and Discussion) to Item 14 (Council and City Manager Communications and Future Agenda) and Council concurred to combine both items. 7. Citizens' comments on agenda items not scheduled for public hearing and items other than those appearing on the agenda. Mr. Bob Olson, 900 Montego Court, thanked Council for their continued service and suggested they concentrate on density and intensity, water rates, Land Development Code (LDC) and encouraged the citizens to participate in the community. Ms. Brenda Rhinehart, 1611 Collingswood Court, spoke about a new owner purchasing three properties at 501 Sand Hill Court, 511 Sand Hill Court, and 525 Sand Hill Court. She questioned the process for the new owner putting in a cut in for a boat slip if the property at 511 Sand Hill Court is considered a dry lot with no water access. The City Manager replied there is an application in process for a cut in for a boat dock that meets code but offered to sit down and speak to Ms. Rhinehart to address her concerns. Ms. Litha Berger, 1648 Woodmill Avenue, thanked the Police Department and Emergency Medical Service (EMS) responders for their quick response that saved her husband's life when he suffered a massive heart attack. She believes Marco Island needs their own EMS services. 8. City Manager's Report A. Departmental Reports ID 16-983 City Manager’s Report Finance and IT Monthly Report - Guillermo Polanco Fire Department - Chief Mike Murphy Growth Management Report - Tami Scott Parks and Recreation Report - Alex Galiana Police Department - Chief Al Schettino Director of Public Works - Tim Pinter General Manager - Water & Sewer - Jeff Poteet Council agreed by consensus to forego the departmental reports by staff and only have the Councilors ask specific questions to each department head. MOTION by Vice-Chair Grifoni, seconded by Councilor Rios to allow a temporary moratorium on the enforcement of vehicles blocking the sidewalk overnight between the hours of 10:00 P.M. and 6:00 A.M. effective immediately and run until the next City Council meeting on December 5th. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 5- Councilor Batte, Councilor Brown, Vice-Chair Grifoni, Councilor Reed and Councilor Rios No: 2- Chairman Honig and Councilor Roman B. Community Announcements This item was deferred City of Marco Island Florida Page 3 City Council Meeting Minutes - Final November 14, 2016 9. City Attorney's Report ID 16-1116 City Attorney Report City Attorney Alan L. Gabriel provided his report and answered Council's questions and concerns. He agreed with Chairman Honig's request to include follow up responses in his City Attorney's report. 10. Quasi-Judicial Public Hearings: ID 16-1112 A Resolution to Approve the Request by Rose Marina for a 90 Day Time Extension for Temporary Use Permit TUP 14-004729 (Editorial History: Rose Marina, 951 Bald Eagle Drive, Marco Island, Florida 34145 is requesting a ninety (90) day extension to the previously approved Temporary Use Permit TUP-14-004729, final completion date of January 30,2017. At the November 4, 2016 Planning Board meeting the Board recommended approval (vote 6-0) with the condition the applicant clean up the area above the fence line and the applicant agreed to the condition.) City Clerk Laura Litzan read by title only, Resolution 16-89, which is slightly different than the document before Council due to last minutes changes. All Councilors provided their ex-parte communications and the City Attorney swore in all witnesses. City Manager Roger Hernstadt advised Council the reason for the slight amendment in the resolution the City Clerk read into record, is because they wanted to make sure all three (3) parcels involved are covered in the resolution. Zoning Administrator Tami Scott provided background information and answered Council's questions and concerns. Mr. Craig Woodward, representing Rose Marina, answered Council's questions and concerns and commented he is in agreement with the resolution as it stands now. Public Comment: None MOTION by Vice-Chair Grifoni, seconded by Councilor Roman, to approve Resolution 16-89 a request by Rose Marina for a ninety (90) day time extension for Temporary Use Permit TUP-14-004729. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Batte, Councilor Brown, Vice-Chair Grifoni, Chairman Honig, Councilor Reed, Councilor Rios and Councilor Roman 11. Ordinances ID 16-1096 Ordinance - Second Reading - Approval of Fiscal Year 2016 Budget Re-appropriation (Editorial History: Each year the City prepares the budget based on estimated revenues and expenses for the coming year. The unaudited general fund fiscal year 2016 surplus is $1,274,990 which was carried over to fiscal year 2017. During the course of the fiscal year, budget adjustments and revisions due to operational activities and actual expenses are approved by the City Council. The Finance Department periodically updates the City Council throughout the fiscal year on the status of the budget. These City of Marco Island Florida Page 4 City Council Meeting Minutes - Final November 14, 2016 adjustments and revisions are then combined into a re-appropriation ordinance for ratification by City Council at the end of each fiscal year as the final amended fiscal year 2016 budget. On October 17, 2016, City Council approved the FY2016 re-appropriation by a vote of 7-0. General Fund--The changes are comprised primarily of a transfer of $1,609,381 for the partial funding of the unfunded liabilities in the Pension Funds. The Fire Pension Plan insurance premium and supplemental rate funding totaled $530,530 in transfers to the Fire Pension Fund. An amount of $312,602 was appropriated for the engineering portion of the Yellowbird Road impact fee funded Public Works project with an estimated construction cost of $850,000. Capital Projects Fund--The proposed budget amendment is the prior year carry forward of purchase orders and unexpected appropriations of capital project funds from fiscal year 2015 to the fiscal year 2016 budget to fund capital projects. In addition, $3,115,540 funded the construction of the Mackle Park Community Center, a total of $1,374,369 for Public Works projects, including $717,427 for the grant funded Landmark and South Barfield Bike Path and Shared-Use Pathways projects, $82,880 for sidewalk improvements and the Bayport Tahiti Road and Drainage project, $261,460 for the Public Works Gradall equipment, and $312,602 for the Yellowbird Road project. Asset Replacement Fund--$3,115,540 transferred to the Capital Projects fund for the construction of the Mackle Park Community Center. Water/Sewer Enterprise Fund--The proposed budget amendment is the prior carry forward of purchase orders and unexpected appropriations of capital project funds from FY2015 to FY2016 budget to fund capital projects.) City Clerk Laura Litzan read by title only, Ordinance 16-10. Finance Director Guillermo Polanco provided information and answered Council's questions and concerns. Public Comment: Ms. Dawn Kuhn, 505 Tigertail Court, questioned what the Yellowbird Road project was. Public Works Director Tim Pinter replied it is a project to widen Yellowbird Road from Collier Boulevard to Bald Eagle Drive utilized by impact fees. MOTION by Councilor Rios, seconded by Councilor Roman, to approve Ordinance 16-10 Fiscal Year 2016 Budget Re-appropriation on second reading. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Batte, Councilor Brown, Vice-Chair Grifoni, Chairman Honig, Councilor Reed, Councilor Rios and Councilor Roman 12. Resolutions for Adoption a ID 16-1085 A Resolution to Authorize Council to Execute the Collier County-Wide Automatic Aid/Closest Unit Response and Mutual Aid Agreement (Editorial History: The City of Marco Island Fire Department has participated in mutual aid and closest response for years. This document further identifies the closest response component because of the implementation of the new county-wide computer aided dispatch system that can track vehicles. Florida Statue Chapter 252, The State Emergency Management Act, authorizes the State and its political subdivisions to develop and enter into mutual aid agreements for reciprocal emergency aid and assistance for emergencies too extensive to be dealt with unassisted. The agreement establishes an understanding between the independent fire districts and cities located within Collier County to provide mutual aid/automatic assistance and the implementation of the Closest Unit Response system to ensure that someone with a life-threatening emergency will receive care from the closest available emergency vehicle.) City Clerk Laura Litzan read by title only, Resolution 16-87. Fire Chief Mike Murphy provided background information and answered Council's questions and concerns. City of Marco Island Florida Page 5 City Council Meeting Minutes - Final November 14, 2016 Public Comment: None MOTION by Councilor Brown, seconded by Councilor Rios, to approve Resolution 16-87 authorizing Council to execute the Collier County-Wide Automatic Aid/Closest Unit Response and Mutual Aid Agreement. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Batte, Councilor Brown, Vice-Chair Grifoni, Chairman Honig, Councilor Reed, Councilor Rios and Councilor Roman b ID 16-1098 A Resolution to Appoint a Councilor to the Collier County Tourist Development Council. (Editorial History: Former Councilor Larry Sacher's term on the Collier County Tourist Development Council (TDC) expired on April 21, 2016. City Council extended Mr. Sacher's appointment to the TDC through October 31, 2016. In light of the vacancy, City Council should consider appointing another Councilor to serve the remainder of the unexpired term through April 21, 2020. The TDC meets monthly on the fourth Monday at 8:30 A.M. in the Collier County Commission Chambers.) City Clerk Laura Litzan read by title only, Resolution 16-88. Chairman Honig nominated Councilor Rios to fill the vacancy on the Collier County Tourist Development Council (TDC). Following discussion, it was agreed by consensus (vote 7-0) to appoint Councilor Rios to the TDC. Public Comment: None c ID 16-1109 A Resolution to Approve the Site Development Plan at an Existing Office Park located at 601 East Elkcam Circle (Editorial History: Prabhat Kaikini of 205 Sunrise Cay, Unit 204, Naples, Florida 34114, is seeking approval of a Site Development Plan for the construction of a new 3960 square foot retail store located at 601 East Elkham Circle. The property is zoned C-4 and the use is by-right. The property to the north, south, and west is zoned C-4. The property to the east, behind the development, is zoned RSF-4 and is developed with single family homes. In addition to the new office building, the proposal also includes a change to the entrance from Elkham Circle, construction of a circle drive with a port-cochere and redesign of the roof systems on all of the buildings in the development. At the November 4, 2016 Planning Board meeting, the Board recommended approval of the project by at vote of 5-0.) City Clerk Laura Litzan read by title only, Resolution 16-90. Public Comment: None MOTION by Councilor Rios, seconded by Councilor Brown, to approve Resolution 16-90 approving the Site Development Plan at an existing office park located at 601 East Elkham Circle. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Batte, Councilor Brown, Vice-Chair Grifoni, Chairman Honig, Councilor Reed, Councilor Rios and Councilor Roman d ID 16-1110 A Resolution to Approve a Site Development Plan for a 2,000 Square Foot Modular Building at the Coast Guard Facility located at 909 Collier Court (Editorial History: Q Grady Minor of 3800 Via Del Rey, Bonita Beach, Florida 34134, is seeking approval of a Site Development Plan for the construction of a new 2000 square foot modular building to be used by the Coast Guard Auxiliary, located at 909 Collier Court, Caxambas Park. The property is zoned City of Marco Island Florida Page 6 City Council Meeting Minutes - Final November 14, 2016 Parks/Open Space and the use is by-right. The building will be used for boating safety courses. The property to the north, south, and west is zoned RMF-16. To the east, behind the park, is Caxambas Pass. At the November 4, 2016 Planning Board meeting, the Board recommended approval of the project by a vote of 5-0.) City Clerk Laura Litzan read by title only, Resolution 16-91. Zoning Administrator Tami Scott provided background information and presented a slide of the architectural drawing of the modular building. She also answered Council's questions and concerns. Public Comment: None MOTION by Councilor Brown, seconded by Councilor Batte, to approve Resolution 16-91 approving a Site Development Plan for a 2000 square foot modular building at the Coast Guard facility located at 909 Collier Court. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Batte, Councilor Brown, Vice-Chair Grifoni, Chairman Honig, Councilor Reed, Councilor Rios and Councilor Roman THE MEETING WENT INTO RECESS AT 6:56 P.M. IT IS NOTED FOR THE RECORD THE SAME COUNCILORS WERE PRESENT WHEN THE MEETING RECONVENED AT 7:08 P.M. Following break, Chairman Honig initiated discussion regarding the agenda and minutes. Chairman Honig commented on the agenda, specifically Item 8 (City Managers Report) and believes it is not a productive use of the City or Council's time to go over each departmental report tonight. City Manager Roger Hernstadt commented all six (6) departmental reports were placed on today's agenda for the newly elected Council to get them up to speed. Normally, there would only be three (3) departmental reports included in the City Managers report. Following a lengthy discussion, City Manager Roger Hernstadt agreed to modify his report to include a highlighted summary of pertinent action items and to also provide follow up responses to citizen's concerns in the minutes. 13. Citizens' Comments Mr. Gerald Swiacki, 667 Thrush Court, congratulated the newly elected Council Members. He addressed Council on three issues; to continue highlighting important information in the City Managers report, asking Council to authorize the City Manager to move forward with the development of Veterans' Community Park, and last he encouraged Council to invite the consultant to the December 5, 2016 City Council meeting to discuss the Certificate of Public Convenience and Necessity (COPNC). Ms. Theresa Morgan, 216 Goodland Drive East, urged Council to put the Goodland Road project on a future agenda. 14. Council / City Manager Communications and Future Agenda (per 2g) Councilor Reed had no comment. Councilor Rios thanked the community and requested two items placed on a future agenda; to repeal Resolution 15-43 and Ordinance 15-10. City of Marco Island Florida Page 7 City Council Meeting Minutes - Final November 14, 2016 Vice-Chair Grifoni encouraged the public to submit applications for the vacant positions on the various committees. He is in agreement with Councilor Rios to place Resolution 15-43 on a future agenda. He also would like to evaluate Council's Rules of Procedure and hold a discussion on conducting a meeting with Collier County Commissioners. Councilor Batte wished Chairman Honig good luck serving as Chair, and thanked the City Manager and staff for a successful Veterans Day celebration. Councilor Roman thanked the citizens for electing her to Marco Island City Council and asked what the process is for citizens that would like to serve on the different committees. City Clerk Laura Litzan advised that interested parties can go to the City's website and fill out an application and/or send in a resume which will be forwarded to Council for review and interviews. City Manager Roger Hernstadt will put together a timeline for the process for citizens to apply for the vacant committee positions. Councilor Brown congratulated Chairman Honig as being elected Chair and thanked the community and staff for all their support during his term as Chairman. Chairman Honig questioned City Manager Roger Hernstadt on the four projects scheduled to go before the Collier County Legislative Delegation meeting on Thursday, November 17, 2016 with no time certain. It was determined by consensus (vote 7-0) to have Councilor Roman represent City Council at the Collier County Legislative Delegation meeting. Chairman Honig asked City Attorney Alan Gabriel to give Council direction regarding an email Council received from Small Brothers regarding the PUD-A. Mr. Gabriel advised that the Small Brothers application is still pending, however City Council is not obligated to meet with them. If Council chooses to meet with the applicant, then his advice is to listen, gather information and make inquiries. Since this is a pending matter, no determinations are to be made. MOTION by Councilor Batte, seconded by Councilor Brown to adjourn the meeting at 9:33 P.M. MOTION FAILED BY THE FOLLOWING VOTE: Yes: 2- Councilor Batte and Councilor Brown No: 5- Vice-Chair Grifoni, Chairman Honig, Councilor Reed, Councilor Rios and Councilor Roman MOTION by Vice-Chair Grifoni, seconded by Councilor Roman, to extend the City Council meeting to 9:45 P.M. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 5- Vice-Chair Grifoni, Chairman Honig, Councilor Reed, Councilor Rios and Councilor Roman No: 2- Councilor Batte and Councilor Brown City of Marco Island Florida Page 8 City Council Meeting Minutes - Final November 14, 2016 ID 16-984 Future Agenda Chairman Honig confirmed the following items for the December 5, 2016 City Council meeting agenda: *Proclamation - Chris Crossan 25 years *Discussion on the COPCN *Big Flag Presentation *Timeline for the vacant committee positions *Repeal Resolution 15-43 *Draft revision on the Rules of Procedure Chairman Honig confirmed the following items for the January 9, 2017 City Council meeting agenda: *Collier County Commissioner meeting regarding Goodland Road and COPCN *Ordinance 15-10 discussion 15. Adjournment There being no further business to come before City Council, the meeting adjourned at 9:38 P.M. ________________________________________ Larry Honig, Council Chairman ATTEST: _________________________________________ Laura Litzan, City Clerk PREPARED BY: _________________________________________ Lisa Smith, Recording Specialist City of Marco Island Florida Page 9