City Council

City of Marco Island Florida 51 Bald Eagle Drive Marco Island, Florida cityofmarcoisland.com Meeting Minutes - Final Monday, October 1, 2018 5:30 PM Community Meeting Room City Council Chair: Jared Grifoni Vice-Chair: Charlette Roman City Council: Joe Batte, Bob Brown, Larry Honig, Howard Reed, Victor Rios Interim City Manager: Guillermo Polanco City Attorney: Alan L. Gabriel City Clerk: Laura Litzan City Council Meeting Minutes - Final October 1, 2018 1. Call to Order Chair Grifoni called the meeting to order at 5:30 P.M. 2. Roll Call Present: 7- Councilor Batte, Councilor Brown, Councilor Reed, Councilor Rios, Vice-Chair Roman, Chair Grifoni and Councilor Honig 3. Invocation - Led by Pastor Kevin Koenig of the Marco Lutheran Church 4. Pledge of Allegiance - Led by Vice-Chair Roman 5. City Manager's Public Update Interim City Manager Guillermo Polanco advised Council and the public that Commissioner Donna Fiala is hosting a Town Hall Meeting at Mackle Park, 1361 Andalusia Terrace, Marco Island, Florida 34145, October 3, 2018 at 8:00 A.M. and invited everyone to attend to let her know of any concerns. 6. Approval of Agenda and Consent Agenda (*) MOTION by Councilor Rios, seconded by Councilor Reed, to approve the Agenda and Consent Agenda. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Batte, Councilor Brown, Councilor Reed, Councilor Rios, Vice-Chair Roman, Chair Grifoni and Councilor Honig [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.] (IT IS NOTED FOR THE RECORD, THE ITEMS ON THE AGENDA APPEAR IN NUMERICAL ORDER IN THE MINUTES.) A. (*)Approval of Minutes 1. ID 18-534 Approval of the City Council Special-Called Closed Meeting Minutes of September 17, 2018. This item was approved under the Consent Agenda. 2. ID 18-379 Approval of the City Council Meeting Minutes of September 17, 2018 This item was approved under the Consent Agenda. B. (*) Resolutions 1. ID 18-491 Resolution Authorizing the Purchase of a New 2019 Ford F350 2 Door 4X4 Brush Truck for the Fire Rescue Department, in an Amount Not to Exceed $57,329.89 This item was approved under the Consent Agenda. City of Marco Island Florida Page 1 City Council Meeting Minutes - Final October 1, 2018 2. ID 18-525 Resolution Authorizing the Renewal of Employee Insurance Plans This item was approved under the Consent Agenda. 7. City Council Items A. Presentations 1. ID 18-527 Presentation - Gary McAlphin, Collier County Coastal Zone Manager, regarding Beach Regrading Collier County Coastal Zone Manager Gary McAlpin provided a slideshow presentation in reference to beach regrading. He said what he would like to accomplish tonight is to ask the Marco Island City Council to request from Collier County that the dune plantings for the Central Beach regrade be removed from the County's existing temporary construction easement and not require they do plantings for the Marco Island Central Beach regrade project. Public Comment: None MOTION by Councilor Brown, seconded by Councilor Rios, to ask the City Manager to draft a letter with the requests that Collier County Coastal Zone Manager Gary McAlpin needs for Collier County. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Batte, Councilor Brown, Councilor Reed, Councilor Rios, Vice-Chair Roman, Chair Grifoni and Councilor Honig 2. ID 18-529 Presentation - Police Chief Al Schettino, regarding School Safety Marco Island Police Chief Al Schettino gave an update on school safety for the three (3) Marco Island schools since the mass shooting at Marjory Stoneman Douglas High School last February 14, 2018. 8. Citizens' comments on agenda items not scheduled for public hearing and items other than those appearing on the agenda. Ms. Yvette Benarroch, 847 Rose Court, Owner of Affordable Landscaping, spoke to Council regarding a citizen of Marco Island stalking her employees again. She believes when Ordinances are created they should be used in good faith and not a means to destroy good businesses and her company is being targeted by this citizen who follows her employees taking pictures of only the grass clippings in the storm drains and not waiting to see her employees use the vacuum. She noted she has already been cited and before the Magistrate and does not want to get an attorney but will if the targeting does not stop and asked Council to do something to help her. She closed by inviting this citizen to meet her crew at the Jolley Bridge on Monday at 7:30 A.M. and she will provide him a blower, vacuum and safety vest and he can walk with her crew to see what they do and even compensate him for the day. Mr. Amadeo Petricca, 331 Regatta Street, addressed an issue he keeps hearing at Council meetings regarding taxable values between the City of Marco Island and the City of Naples. He noted Marco Island has never had a taxable value as the same as Naples and the closest Marco Island ever came was in 1998 and even then, Marco Island was 1.9 billion dollars less than Naples. His second comment concerned the Yellowbird Street construction that is to start in 2019 however there is no money in the utilities in their budget and questioned when it is really going to begin. City of Marco Island Florida Page 2 City Council Meeting Minutes - Final October 1, 2018 Mr. Ray Seward, 287 Rockhill Court, commented he owns several properties on Marco Island and has placed signs on the vacant land that he owns. He said he has placed two (2) signs on three (3) occassions and someone seems to want the signs more than he does and he thinks it is sad that it is somebody associated with this new Council. He noted at the last election he was standing before Council saying the same thing. He is asking Council to give some thought to whom may be doing this and is it a crime to remove the signs. 9. Quasi-Judicial Public Hearing - None 10. Ordinances - None 11. Resolutions for Adoption a. ID 18-530 Resolution - Variance Petition (VP-18-000880) request reducing the landscape buffer (Editorial History: The Owner/Developer is redeveloping an old Burger King site into a Chase Bank and is requesting one variance, to provide an eight (8) foot wide landscape buffer strip where the City Code requires at least a ten (10) foot wide landscape buffer strip.) City Clerk Laura Litzan read into the record by title only, Resolution 18-75. Planner II Jason Smalley presented the first of a two (2) part project and answered Council's questions and concerns regarding the variance. Community Affairs Director Dan Smith addressed Council's concerns with staff recommending approval even though staff does not agree with the applicant on several factors. Mr. Bob Mulhere Vice-President of Hole Montes, Inc. 950 Encore Way Naples, Florida 34110, representing the applicant provided a slideshow presentation and answered Council's questions and concerns related to Marco Island Civic Association (MICA) deed restrictions. Public Comment: None MOTION by Councilor Brown, seconded by Councilor Honig, to approve Resolution 18-75, Variance Petition (VP-18-000880) request reducing the landscape buffer. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Councilor Batte, Councilor Brown, Councilor Reed, Councilor Rios, Chair Grifoni and Councilor Honig No: 1- Vice-Chair Roman b. ID 18-531 Resolution - Site Development Plan (SDP-18-002005) for the construction of a new bank structure (Chase Bank) at 103 South Barfield Drive, Marco Island, FL 34145 (Editorial History: The Petitioner is proposing a Site Development Plan to construct a new bank structure with an area of approximately 2,780 square-feet. The property in question is approximately 0.42-acre commercial lot located in zoning district C-4. The lot is currently developed but vacant with no indication that listed/ protected species exist on-site.The stormwater runoff from the parking and from the swale on the north side of the parcel is directed to the new underground detention system consisting on a perforated corrugated metal pipe product from Contech. As part of the site redevelopment, it is necessary to fill the swales that runs along the north and west side of the parcel. The volume lost from the swales City of Marco Island Florida Page 3 City Council Meeting Minutes - Final October 1, 2018 ( +/- 2,200 cf) is compensated onsite with a new underground stormwater detention system (+/-2,215 cf), which also allows water to infiltrate into the ground. The stormwater volume that is not infiltrated will discharge into the master drainage system via a 12” pipe connecting to the existing catch basin located along the south property line of this parcel. The building is to be elevated to the City’s Design Flood Elevation, 9’ NAVD (in this case the elevation is to be one-foot above the Base Flood Elevation) as required by the City’s Land Development Code. On September 7, 2018 Planning Board voted 6-0 (1 member absent) to approve this resolution.) City Clerk Laura Litzan read into the record by title only, Resolution 18-76. Planner II Jason Smalley presented the second part of the project and answered Council's questions and concerns regarding the site development plan. Mr. Bob Mulhere noted for the record there is a condition in the staff report that they resubmit the SDP to demonstrate compliance with the five (5) foot width of perimeter landscaping buffer, building foundation plantings and that has already been resubmitted. Public Comment: None MOTION by Councilor Brown, seconded by Councilor Honig, to approve Resolution 18-76, Site Development Plan (SDP-18-002005) for the construction of a new bank structure (Chase Bank) at 103 South Barfield Drive, Marco Island, FL 34145. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Batte, Councilor Brown, Councilor Reed, Councilor Rios, Vice-Chair Roman, Chair Grifoni and Councilor Honig c. ID 18-532 Resolution - Site Development Plan (SDP-18-000561) for ABC Liquors, Inc. at 725 Bald Eagle Drive, Marco Island, FL 34145 (Editorial History: The Petitioner is proposing a Site Development Plan to construct a new two-story retail structure with an area of approximately 11,328 square-feet. The property in question is approximately 0.86-acre commercial lot located in zoning district C-4, the lot is currently vacant with five (5) owl burrows on-site. Because the lot is vacant no clearing is required. It is retail space, with the tenant to be a liquor store. It is unclear whether the owls are Burrowing Owls, or whether the owl burrows are even active. However, if the owls are Burrowing Owls, they are listed as Florida threatened species by the Florida Fish and Wildlife Conservation Commission (“FWC”). Pursuant to regulations of the FWC and pursuant to the City Code, it is illegal to “take” a threatened species without a permit. See §§18-141 through 18-145, City Code of Ordinances; Rule 68A-27.003, Fla.Admin.Code. The term “take” means: to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in such conduct. The term “harm” in the definition of take means an act which actually kills or injures fish or wildlife. Such act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding or sheltering. The term “harass” in the definition of take means an intentional or negligent act or omission which creates the likelihood of injury to wildlife by annoying it to such an extent as to significantly disrupt normal behavioral patterns which include, but are not limited to, breeding, feeding or sheltering. Rule 68A-27.001(4), Fla.Admin.Code. In addition, the City Code provides that “[n]o active or inactive owl and/or gopher tortoise burrow, or nests of any other listed species, may be taken without proper state permits issued by the FWC. . . If state permit(s) are issued, they shall be posted on site during all phases of the construction. . . . During the Burrowing Owl nesting season as designated by FWC (February 15 through July 10) no city building permits will be issued for applicants to take an owl burrow, unless the FWC has issued permits to take the owl burrow(s) during nesting season or permits have been issued to take the owl burrow(s) after nesting season and the construction can commence with a protection zone in place. . . .” §18-145, Marco Island City Code of Ordinances. Consequently, a condition of approval is included and recommended below. The building is to be elevated to the City Design Flood Elevation (in this case the elevation is to be one-foot above the Base Flood Elevation) as required by the City’s Land Development Code. City of Marco Island Florida Page 4 City Council Meeting Minutes - Final October 1, 2018 On September 7, 2018 Planning Board voted 6-0 (1 member absent) to approve this resolution.) City Clerk Laura Litzan read into the record by title only, Resolution 18-77. Planner II Jason Smalley presented the project and answered Council's questions and concerns. He noted the document left at the dais for Council today is the last page of the staff report that was inadvertently omitted. Mr. Ross Galbraith with KPM Franklin, 6300 Hazeltine National Drive, Suite 118, Orlando, Florida 32822, Civil Engineer representing the applicant, answered Council's questions and concerns regarding hours of operation and their monument sign. Public Comment: None MOTION by Councilor Rios, seconded by Councilor Honig, to approve Resolution 18-77, Site Development Plan (SDP-18-000561) for ABC Liquors, Inc. at 725 Bald Eagle Drive, Marco Island, FL 34145. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Batte, Councilor Brown, Councilor Reed, Councilor Rios, Vice-Chair Roman, Chair Grifoni and Councilor Honig 12. Council Reports ID 18-533 Discussion - Proposed Changes to Sidewalk Ordinances - Councilor Larry Honig Councilor Honig held a discussion on proposed changes on the Sidewalk Ordinance on Marco Island to eliminate the requirement that sidewalks must be constructed on undeveloped real property. Public Works Director Tim Pinter answered Council's questions and concerns regarding unintended consequences. He clarified the requirements for sidewalk replacement verses sidewalk repairs. Public Comment: Ms. Deborah Bergin, 342 Nassau Court, noted she wasn't aware that this only applied to the vacant land parcels and she has been cited at her residence for violations for her sidewalk which is inconsistently marked up and down her street. She believes the crack in her sidewalk could have been handled differently and is asking Council when reviewing the Sidewalk Ordinance to consider including citations for existing sidewalks and to take a more encompassing view on how to maintain sidewalks. Mr. Bob Bergin, 342 Nassau Court, commented he has an older home that his sidewalk is not current with the code that says three (3) inches above the crown which means he could not just fix his sidewalk, he would have to raise it above the crown and fix the swales, add culverts and replace his driveway. He noted there is no consistency in the width of the sidewalks. Mr. Jay Santiago, 378 Bald Eagle Drive, said he is an advocate for everyone to have a sidewalk for safety reasons. Mr. Andrew Kirlin, 1915 Sheffield Avenue, believes if you are not redoing more than fifteen (15) or twenty (20) percent of all the sidewalks for your property then you are grandfathered in. He suggested as the sidewalks go from four (4) feet to five (5) feet that it is tapered going from one (1) property to the next. City Attorney Alan Gabriel noted the property owner is responsible by Code for any injuries that may incur to any persons walking on the sidewalk. City of Marco Island Florida Page 5 City Council Meeting Minutes - Final October 1, 2018 MOTION by Councilor Honig, seconded by Councilor Rios, to accept the four (4) recommendations in the position paper for changes to the Code of Ordinances, to Ordinance 99-2, to the Construction Standards Handbook and to request that Staff bring back to Council appropriate language to make these changes. NO VOTE TAKEN ON THIS MOTION MOTION by Councilor Honig, seconded by Councilor Rios, to accept the four (4) recommendations in the position paper for changes to the Code of Ordinances, to Ordinance 99-02, to the Construction Standard Handbook and to request that Staff bring back to Council appropriate language to make these changes, amended to request the City Manager "stay" the enforcement of the Sidewalk Ordinance pending the City Manager's review and recommendation to City Council about how to proceed on this matter. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Batte, Councilor Brown, Councilor Reed, Councilor Rios, Vice-Chair Roman, Chair Grifoni and Councilor Honig 13. Council Communications Councilor Batte had no comment. Councilor Brown had no comment. Councilor Honig had no comment. Councilor Rios commented on three (3) items; that it appears the YMCA has removed some of the "No Parking" signs in the swales allowing parking there verses in the parking lot; an email from a resident at 1610 New Orleans Court advising of a hole in the seawall near a City outfall that appears to be collapsing and he asked the status of the Wildlife Ordinance 13-05. Staff will investigate and forward to Council. Councilor Reed asked for clarification on the Workshop and Candidate Forum both scheduled for Thursday, October 18, 2018. Following discussion, Council concurred by unanimous consensus to postpone the Workshop to be determined (TBD) future date. He then asked for clarification on the process for Thursday's City Council special called meeting for the third candidate interview. Following discussion, it was determined following the interview, Council will rank the three (3) candidates and turn in the tally sheet to the City Clerk to tabulate. Vice-Chair Roman noted that the Wildlife Ordinance is listed on the future agenda as a discussion item and it should be listed as an Ordinance for first reading. Chair Grifoni asked Interim City Manager Guillermo Polanco to advise Council when funds are received from State regarding School Resource Officers. 14. Future Agenda ID 18-380 Future Agenda Items Councilor Reed is requesting to add a discussion on another City Manager hiring methodology. City of Marco Island Florida Page 6 City Council Meeting Minutes - Final October 1, 2018 15. City Manager's Report ID 18-381 City Manager’s Report Interim City Manager Guillermo Polanco provided his report and Council had no questions or concerns. 16. City Attorney's Report - None 17. Departmental Reports ID 18-382 Monthly Departmental Reports Council has agreed to forego the departmental reports by staff unless Council has a specific question for the department head. Water & Sewer Monthly Staff Report - General Manager Jeff Poteet Public Works Monthly Staff Report - Director Tim Pinter Police Department Monthly Staff Report - Chief Al Schettino 18. Citizens' Comments Mr. Andrew Kirlin, 1915 Sheffield Avenue, said he doesn't know of any City Manager where their pay structure has been debated in a public forum and asked if there is a precedence. Ms. Yvette Benarroch, 847 Rose Court, apologized for being emotional during her first public comment earlier tonight and she was not screaming at Council but has the utmost respect for them. She reminded Council that the Beautification Advisory Committee is to hold an annual workshop per the Fertilizer Ordinance and offered to get a hold of her state contact to speak at the workshop. 19. Adjournment There being no further business to come before City Council, the meeting adjourned at 7:44 P.M. ___________________________ Jared Grifoni, Council Chairman ATTEST: _________________________________________ Laura Litzan, City Clerk PREPARED BY: ________________________________________ Lisa Smith, Recording Specialist City of Marco Island Florida Page 7