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City Council

Regular Meeting

Marco Island, FL · December 10, 2018

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Minutes

City of Marco Island Florida 51 Bald Eagle Drive Marco Island, Florida cityofmarcoisland.com Meeting Minutes - Final Monday, December 10, 2018 5:30 PM Community Meeting Room City Council Chair: Erik Brechnitz Vice-Chair: Victor Rios City Council: Jared Grifoni, Larry Honig, Howard Reed, Charlette Roman, Sam Young Interim City Manager: Guillermo Polanco City Attorney: Alan L. Gabriel City Clerk: Laura Litzan City Council Meeting Minutes - Final December 10, 2018 1. Call to Order Chair Brechnitz called the meeting to order at 5:30 P.M. 2. Roll Call Present: 7- Councilor Reed, Councilor Honig, Chair Brechnitz, Councilor Young, Councilor Roman, Councilor Grifoni and Vice-Chair Rios Also Present Guillermo Polanco, Interim City Manager Laura Litzan, City Clerk Alan L. Gabriel, City Attorney Mike Murphy, Fire Chief Dave Batiato, Deputy Fire Chief Al Schettino, Police Chief Clayton Smith, Police Lieutenant Lina Uhpam, Purchasing and Risk Manager Tim Pinter, Director of Public Works Jeff Poteet, General Manager of Water and Sewer Daniel Smith, Community Affairs Director Jordan Turek, Information Technology Director Lisa Smith, Recording Specialist Bill Miller, Special Detail Police Officer Citizens and Visitors 3. Invocation - Led by Rabbi Mark Gross of the Marco Island Jewish Congregation 4. Pledge of Allegiance - Led by former Planning Board Member Jack Patterson Following the pledge of allegiance, Chair Brechnitz presented former City Council Chair Grifoni a gavel plaque in appreciation of his service. 5. City Manager's Public Update Interim City Manager Guillermo Polanco advised Council and the public of the following: *Christmas parade Saturday, December 15, 2018 *Parks and Recreation Event Friday, December 14, 2018 - Veterans' Community Park showing the movie "The Man Who Invented Christmas" 6. Approval of Agenda and Consent Agenda (*) Chair Brechnitz requested a change in the order of the agenda, to move Item 9c (Ordinance - First Reading - Rezone - San Marco CPUD - Marco Island Hospital - a.k.a. Assisted Living Facility, request to rezone from C-1 to a Planned Unit Development-PUD) to the first item of business and Council concurred. MOTION by Vice-Chair Rios, seconded by Councilor Roman, to approve the Agenda and Consent Agenda. NO VOTE TAKEN ON THIS MOTION City of Marco Island Florida Page 1 City Council Meeting Minutes - Final December 10, 2018 MOTION by Vice-Chair Rios, seconded by Councilor Young, to approve the Agenda as amended, continuing Item 9c (Ordinance - First Reading - Rezone - San Marco CPUD - Marco Island Hospital (a.k.a. Assisted Living Facility) request to rezone from C-1 to a Planned Unit Development-PUD) to the January 22, 2019 City Council Meeting. NO VOTE TAKEN ON THIS MOTION MOTION by Vice-Chair Rios, seconded by Councilor Reed, to approve the Agenda as amended and the Consent Agenda. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Reed, Councilor Honig, Chair Brechnitz, Councilor Young, Councilor Roman, Councilor Grifoni and Vice-Chair 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.] (IT IS NOTED FOR THE RECORD, THE ITEMS ON THE AGENDA APPEAR IN NUMERICAL ORDER IN THE MINUTES.) A. (*)Approval of Minutes 1. ID 18-508 Approval of the City Council Meeting Minutes of November 13, 2018 This item was approved under the Consent Agenda. B. (*) Resolutions 1. ID 18-576 Resolution - Approving the Uniform Method for Collection of Non-Ad Valorem Assessments This item was approved under the Consent Agenda. 2. ID 18-662 Resolution - Appointing Ms. Claire Babrowski to the Marco Island Planning Board This item was approved under the Consent Agenda. 3. ID 18-644 Resolution - Site Development Plan 18-005453 for the construction of a new field station (Goodland Field Station) at the location of 2561 San Marco Road, Marco Island, FL 34145 This item was approved under the Consent Agenda. 4. ID 18-647 Resolution - Site Development Plan 18-004313 for the redevelopment of Marco Island Academy at the location of 2255 San Marco Road, Marco Island, FL 34145 This item was approved under the Consent Agenda. City of Marco Island Florida Page 2 City Council Meeting Minutes - Final December 10, 2018 5. ID 18-652 Resolution - Site Development Plan 17-003269 for an amendment to the existing site development plan for Publix and Shops of Marco located at 175 S. Barfield Drive, Marco Island, FL 34145 This item was approved under the Consent Agenda. 6. ID 18-693 Resolution - Appointing Mr. David Crain to the Waterways Advisory Committee This item was approved under the Consent Agenda. 7. City Council Items A. Presentations- None B. Discussion 1. ID 18-642 Approval of the 2019 City Council Meeting Schedule (Editorial History: At the November 13, 2018 meeting, City Council requested that staff revise the proposed meeting calendar to schedule dates for the annual budget workshops and the legislative priorities workshop. Council also asked to schedule a 4-week summer recess.) MOTION by Vice-Chair Rios, seconded by Councilor Reed, to approve the 2019 City Council Meeting Schedule. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Reed, Councilor Honig, Chair Brechnitz, Councilor Young, Councilor Roman, Councilor Grifoni and Vice-Chair Rios 2. ID 18-645 Appointments to the Collier County Coastal Advisory Committee (CAC), Metropolitan Planning Organization (MPO) and Tourist Development Council (TDC) (Editorial History: The Collier CAC was established in 2001 to assist the Board of County Commissioners (BCC) with its unified beach erosion control and inlet management programs and advise the BCC and the Tourist Development Council (TDC) of project priorities with respect to funding sources that are available for restoration and protection of our shoreline. The nine (9) member CAC is composed of three (3) members from the unincorporated area of Collier County, three (3) members from the City of Naples, and the three (3) members from the City of Marco Island. Meetings are held on the second Thursday of the month at 1:00 P.M. The current CAC members representing the City of Marco Island are former Councilor Bob Brown, Mr. Steve Koziar and Ms. Debbie Roddy.) MOTION by Vice-Chair Rios, seconded by Councilor Grifoni, nominating Councilor Young to represent Marco Island on the Collier County Coastal Advisory Committee (CAC). MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Reed, Councilor Honig, Chair Brechnitz, Councilor Young, Councilor Roman, Councilor Grifoni and Vice-Chair Rios City of Marco Island Florida Page 3 City Council Meeting Minutes - Final December 10, 2018 (Editorial History: The Collier MPO was established in 1982 following the Federal Highway Act that required urbanized areas to develop transportation plans and programs as a condition to receive federal capital or operating assistance. The nine (9) member MPO is comprised of five (5) members from the Collier County Board of Commissioners, two (2) from the City of Naples, one (1) from Everglades City, and one (1) from the City of Marco Island. The Florida Department of Transportation is represented on the board as a non-voting member. Meetings are held on the second Friday of the month at 9:00 A.M. The current MPO member representing the City of Marco Island is former Councilor Joe Batte.) MOTION by Vice-Chair Rios, seconded by Councilor Honig, nominating Councilor Roman to represent Marco Island on the Collier County Metropolitan Planning Organization (MPO). MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Reed, Councilor Honig, Chair Brechnitz, Councilor Young, Councilor Roman, Councilor Grifoni and Vice-Chair Rios (Editorial History: The Collier TDC was established in 1992 to make recommendations to the BCC regarding a proposed plan of uses for tourist development tax revenues, for the effective operation of the special projects or uses of the tourist development tax revenues, and to review all expenditures of revenues from the tourist development trust fund. The nine (9) member TDC is comprised of three (3) elected officials from the BCC, City of Naples and City of Marco Island, up to four (4) tourism industry owner/operators and two (2) individuals involved in the tourism industry. Meetings are held on the fourth Monday of the month at 9:00 A.M. The current TDC member representing the City of Marco Island is Councilor Victor Rios.) MOTION by Councilor Honig, seconded by Councilor Reed, nominating Vice-Chair Rios to represent Marco Island on the Collier County Tourist Development Council (TDC). MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Reed, Councilor Honig, Chair Brechnitz, Councilor Young, Councilor Roman, Councilor Grifoni and Vice-Chair Rios 3. ID 18-648 Recruitment Process for Appointments to Board and Advisory Committees (Editorial History: At the meeting of November 13, 2018, City Council directed staff to move forward with the recruitment of board and committee members to fill the vacancies created by the election. The vacancies were advertised in the news press, the City’s website, blast email and one-to-one outreach. City Councilors were asked to encourage participation and promote interest in the open positions. The deadline for submitting applications is December 31, 2018. At the January 7, 2019 meeting, the applications received will be distributed to the Council. The appointing Councilors will have opportunity to review the submissions and conduct applicant interviews during the two (2) week period between January 7 and January 22. Councilors may conduct telephone interviews or reserve a conference room at City Hall to conduct individual in-person interviews. It is suggested that a preferred first choice candidate and alternatives are considered since the Chairman will establish a process to randomly rotate the announcement of each Councilor’s selection for a board or committee to ensure that each Councilor has an equal opportunity to appoint his first choice. At the January 22, 2019 meeting, the appointing City Councilors (Brechnitz, Rios and Young) will make appointments to each of the boards and committees. Councilors may defer selection to a later date, if necessary or desired.) City of Marco Island Florida Page 4 City Council Meeting Minutes - Final December 10, 2018 Chair Brechnitz held a discussion on the selection process for open vacancies on boards and committees. Discussions ensued and it was determined Councilors will submit position papers on this topic with their recommendations and forward to a future agenda. Public Comment: None 4. ID 18-641 City Manager Search Process Chair Brechnitz advised Council that he and Councilor Young completed the three (3) City Manager candidate interviews of Mr. David Harden, Mr. James Hock and Ms. Maria Menendez as recommended by Florida City and County Managers Association (FCCMA) Senior Advisor Ken Parker. One (1) interview was conducted in person and the other two (2) via Skype. It is noted that Councilor Grifoni, Councilor Honig, Councilor Reed, Vice-Chair Rios and Councilor Roman previously interviewed these three (3) finalist. Vice-Chair Rios made a motion and Chair Brechnitz ruled a point of order saying, he doesn't believe Council can offer Mr. Harden the job on an interim basis. City Attorney Alan Gabriel ruled it is for an unspecified time period. Council engaged in discussions and City Attorney Alan Gabriel clarified that five (5) votes are mandatory to select a City Manager according to the City Charter and the Rules of Procedures do provide if Council decides it wants to suspend a rule, they may do that but it takes a greater majority vote which would be five (5) votes. He advised that he made the ruling previously under Roberts Rules that if there is a substantial change of circumstances that would impact a vote such as having a new Council in place then that would be sufficient to allow Council to reconsider an item that came forward but it does not mean every item. (It is noted for the record, Councilor Young left the meeting at 7:24 P.M. and returned at 7:28 P.M.) Public Comment: Ms. Caitlyn Robinson, 121 Lamplighter Drive, was called to speak but left the meeting. Mr. Phil Kostelnik, 121 Channel Court, disclosed he has lived on Marco Island for eighteen (18) years and has watched the City Manager position turn into a revolving door. He said the citizens want a full time City Manager and the last Council picked the wrong person. It is time to change the City Charter and do away with a City Manager and let the people choose who they want to run the City. MOTION by Vice-Chair Rios, seconded by Councilor Roman, to offer Mr. David Harden the City Manager position on an interim basis and that negotiations start immediately to try to have Mr. Harden on board starting no later than January 2, 2019. NO VOTE TAKEN ON THIS MOTION MOTION by Vice-Chair Rios, seconded by Councilor Roman, to offer Mr. David Harden the City Manager position and that negotiations start immediately to try to have Mr. Harden on board starting no later than January 2, 2019. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Councilor Honig, Chair Brechnitz, Councilor Young, Councilor Roman, Councilor Grifoni and Vice-Chair Rios No: 1- Councilor Reed City of Marco Island Florida Page 5 City Council Meeting Minutes - Final December 10, 2018 (THE MEETING WENT INTO RECESS AT 7:30 P.M. IT IS NOTED FOR THE RECORD THE SAME COUNCILORS WERE PRESENT WHEN THE MEETING RECONVENED AT 7:35 P.M.) 4. ID 18-641 City Manager Search Process Discussions ensued and it was determined by unanimous concensus for Chair Brechnitz to begin negotiations with City Attorney Alan Gabriel regarding the terms of the contract for City Manager David Harden. 8. Citizens' comments on agenda items not scheduled for public hearing and items other than those appearing on the agenda. Mr. Keith Klipstein, 850 Palm Street Unit D-7, noted he is a renewable energy project developer and is asking Council to move up the Property Assessed Clean Energy (PACE) agenda item early in the calendar year if possible. Ms. Dianna Dohm, 159 Copperfield Court, President of the Marco Island Fire Rescue Foundation, provided an update from their annual "Jerry Adams Chili Cook Off" fundraiser held last October which raised over $10,000. It was decided to donate the proceeds to the first responders in the Panhandle who are recovering from losses sustained during Hurricane Michael. An anonymous donor has matched the donation of $10,000. and the Marco Patriots also gave $10,000. bringing the grand total to $30,000. Also toys will be collected at the Chamber of Commerce to be taken to the Panhandle. Mr. Phil Kostelnik, 121 Channel Court, informed Council at the last meeting the toll road being levied on bicycle riders by the residents of Key Marco and asked where Key Marco's community spirit is during this Christmas season. He believes taxing the bicycle riders is not the ideal solution to attract tourist. He said he has served proudly on the Bike Committee for the last twelve (12) years and they are trying to make Marco Island bicycle friendly. Mr. Terry Naylon, 1061 South Collier Boulevard, Member of the Marco Island Model Yacht Club which is a radio controlled sailing group at Mackle Park. It is his opinion that since mid 2018, City staff's attitude has changed towards their group and cited the following; Florida Fish and Wildlife Conservation Commission (FWC) arrest of one (1) of their members for pulling weeds from Mackle Park lake which they have done since 2003, no longer allowed to clean the dock, placing a starter burrow nest near the Tiki Hut and no parking signs. He is disappointed in staff's decisions that impacts their elderly members and lack of communication. Mr. Rocky Cale, 108 Beachcomber Street, spoke about the same issues as Mr. Naylon and raised issues regarding the upcoming Regatta Mid Winter Championships held every year at Mackle Park the first weekend in March. He also expressed his frustration with the lack of communication with City staff and is asking something be done regarding the restrictions that have been placed on them. Mr. Ken Honecker, 632 Dorando Court, suggested Council direct the City Manager to reach out NCH to inquire if they would entertain the City purchasing the property and allow NCH to keep a portion to build their new facility and the City would give them proceeds for the remaining property and turn it into a waterfront park. He noted the Glonn Property will be paid off in 2020 and there is already a mechanism in place and wouldn't cost the citizens anymore than they are paying now. Mr. Bruce Merklinghaus, 1140 San Marco Road, was called to speak however City Attorney Alan Gabriel advised he can not have a conversation on the ALF since it has been continued on the agenda. City of Marco Island Florida Page 6 City Council Meeting Minutes - Final December 10, 2018 Mr. Harvey Goldberg, 1030 Dana Court, said over the last twenty (20) years, the City has spent millions of dollars on infrastructure improvements and now that the vast majority of those projects are completed, he urged Council to focus on what he believes the single most important issue Marco Island faces, which is the rising in sea levels and climate changes. He suggested Council needs a long range plan to address Marco Island's weaknesses. Mr. Stefan Alber, 173 Gulfstream Street, commented on the sidewalk ordinance and repairs. He believes the calculation used to meet code is a hardship for property owners and is asking City Council to address this issues for existing homeowners and to make changes immediately. Mr. Franklin Lacey, 165 Stillwater Court, advised he owns property located at 1230 Redwood Court and he signed an agreement with Duane Thomas to replace his seawall after Hurricane Irma. He now has an existing code violation and is asking for assistance since he can not apply for a staging permit renewal. Mr. Mario Curiale, 820 Eubanks Court, announced he is pleased to see a full audience and commented on the following; tension between the Councilors, Veterans' Community Park utilized as a flea market, move the Farmer's Market to Mackle Park and use grants for Marco Island to rebuild state of the art City buildings. 9. Quasi-Judicial Public Hearing a. ID 18-643 Resolution - Variance Petition 18-004268 requesting reducing front and side setbacks for the proposed Rookery Bay Goodland field station located at 2561 San Marco Road, Marco Island, FL 34145 (Editorial History: Mr. Adam Davie, on behalf of the Board of Trustees of the Internal Improvement Trust Fund, has submitted for approval of a variance to the Public Use District, Section 30-305 (3) Minimum yard requirements. Specifically, the fifty (50) foot front yard and the thirty (30) foot side yard setbacks for the proposed Rookery Bay Goodland field station. The application indicates the front yard setback will be 31.4 feet and the side yard as 11.2 feet. However, the side yard setback will actually be twenty (20) feet and that is what is being presented. The Planning Board held a public hearing and considered this request at their November 2, 2018 meeting. Staff presented the proposed variance. Being no public comment and little discussion, the Planning Board voted 7-0 to approve the variance application.) City Clerk Laura Litzan read into the record by title only, Resolution 18-93. All Councilors provided their ex-parte communications and Chair Brechnitz declared he voted on this item while he served on the Planning Board and has no bias. City Attorney Alan Gabriel swore in all witnesses for the next three (3) Quasi-Judicial Items. Senior Planner Mary Holden presented the project and answered Council's questions and concerns. Public Comment: None MOTION by Vice-Chair Rios, seconded by Councilor Roman, to approve Resolution 18-93, Variance Petition 18-004268 requesting reducing front and side setbacks for the proposed Rookery Bay Goodland field station located at 2561 San Marco Road, Marco Island, Florida 34145. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Reed, Councilor Honig, Chair Brechnitz, Councilor Young, Councilor Roman, Councilor Grifoni and Vice-Chair Rios City of Marco Island Florida Page 7 City Council Meeting Minutes - Final December 10, 2018 b. ID 18-646 Resolution - Variance Petition 18-004312 requesting to increase the building maximum height requirement of thirty (30) feet for the Marco Island Academy located at 2255 San Marco Road, Marco Island, FL 34145. (Editorial History: Mr. John Szerdi, on behalf of Marco Island Academy, has submitted for approval of a variance to the maximum height requirement of thirty (30) feet to construct to thirty-six (36) feet high for only the classroom portion of the building. The Planning Board held a public hearing and considered this request at their November 2, 2018 meeting. There was minimal discussion regarding the variance. Discussion centered around the how long after a certificate of occupancy is issued should the modular be removed. There were no public comments. Planning Board approved the variance 7-0.) City Clerk Laura Litzan read into the record by title only, Resolution 18-94 and all Councilors provided their ex-parte communications. Public Comment: None MOTION by Councilor Grifoni, seconded by Councilor Honig, to approve Resolution 18-94, Variance Petition 18-004312 requesting to increase the building maximum height requirement of thirty (30) feet for the Marco Island Academy located at 2255 San Marco Road, Marco Island, Florida 34145. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Reed, Councilor Honig, Chair Brechnitz, Councilor Young, Councilor Roman, Councilor Grifoni and Vice-Chair Rios c. ID 18-664 Ordinance - First Reading - Rezone - San Marco CPUD - Marco Island Hospital (a.k.a. Assisted Living Facility) request to rezone from C-1 to a Planned Unit Development (PUD). (Editorial History: This is an application to rezone an existing +/- 11.94 C-1 zoned property to Planned Unit Development (PUD). The Land Development Code (LDC) requires a minimum of ten (10) acres to rezone to a PUD. Having met that condition, the applicant wishes to allow for the following density, uses, and development standards. The Future Land Use Table of the Comprehensive Plan allows twelve (12) units per acre of residential density on this property if zoned accordingly. The applicant is proposing 17.25 units per acre. This application was heard on November 2nd and approved this PUD 6-1 with the conditions for reduced height from 50 to 40 feet, reducing the units from 206 to 166 (13.90 units per acre), and reducing the beds from 260 to 210. The Planning Board also asked that drug and alcohol rehabilitation be prohibited. After the hearing, it came to staff’s attention that the applicant did not advertise the item correctly meeting the City’s Code requirement for notification within 300 feet of the property in question. The applicant has since sent out required notices and this item will be re-evaluated by the Planning Board for recommendation to the City Council.) Attorney Craig Woodward, representing the applicant, noted he was asked by some City Council Members to request a continuance of the first reading of this item to January 7, 2019 due to time constraints between hearing the item at the Planning Board on Friday, December 7, 2018 and today's City Council meeting. It is noted for the record, Mr. Woodward has consent to speak on behalf of all parties. MOTION by Vice-Chair Rios, seconded by Councilor Young, to continue Ordinance - First Reading - Rezone - San Marco CPUD - Marco Island Hospital (a.k.a. Assisted Living Facility) request to rezone from C-1 to a Planned Unit Development (PUD) to the January 22, 2019 City Council Meeting. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Reed, Councilor Honig, Chair Brechnitz, Councilor Young, Councilor Roman, Councilor Grifoni and Vice-Chair Rios City of Marco Island Florida Page 8 City Council Meeting Minutes - Final December 10, 2018 10. Ordinances a. ID 18-653 Ordinance - First Reading - Endangered, Threatened or Listed Species (Editorial History: City staff is recommending that the City Council approve amendments to the existing City Code, specifically Chapter 18: Article V Endangered, Threatened or Listed Species, Sections 18-141 to 18-145, to provide for additional definitions, permitting procedures, enforcement and penalties. This Code was last amended on February 4, 2013 (Ordinance 13-05). The goals of the revisions are to provide further protection to the various Endangered, Threatened or Listed Species that inhabit Marco Island, and to provide additional enforcement tools for City staff to use to address violations that impact these species and their habitat. Three revisions to note are: 1) the requirement that any permit/order that requires a pre-permit inspection include a requirement that the applicant conduct survey 100% of their lot for any listed species. This will now apply to staging lot permit applications and seawall applications; 2) the addition of separate Enforcement and Penalties sections to provide City staff with additional tools they can utilize to address violators and also allow for a wider range of penalties for code violations, and 3) Widening the protection zone of active owl burrows from 25 feet to 33 feet, in line with FWC’s requirements. Code Enforcement & Magistrate Hearings are the current course of action for non-compliance with City codes with varying fines levied by the Magistrate. The City is moving forward with referring contractors who violate codes not only to Code Enforcement & the Magistrate, but also to the Collier County Contractor Licensing Board, and establishing a penalty range of a minimum of $500 up to $2,000, which should result in a decrease in code violations.) City Clerk Laura Litzan read into the record by title only, an Ordinance on first reading for endangered, threatened or listed species. Ms. Jean Hall, Project Manager with the Audubon of the Western Everglades Owl Watch Program provided a summary of their program and answered Council's questions and concerns. Ms. Ruth McCann, 819 Buttonwood Court, Chair of Beach and Coastal Resource Committee, advised their committee has been looking at this since March and believes everything in the Ordinance complies with FWC and is asking Council not to take the teeth out of this Ordinance. Ms. Connie Neimus, Owl Watch Volunteer, urged Council to keep the $500. minimum and up to $2,000. fines. Council engaged in discussions and it was determined to amend the ordinance for the second reading with the following three (3) changes; the definition of species limited to Marco Island, the permission aspect and the amount of the fines at $150. MOTION by Vice-Chair Rios, seconded by Councilor Roman, to approve an Ordinance on First Reading for Endangered, Threatened or Listed Species. NO VOTE TAKEN ON THIS MOTION MOTION by Vice-Chair Rios, seconded by Councilor Roman, to approve an Ordinance on First Reading for Endangered, Threatened or Listed Species, amended to include the recommended changes for the Second Reading. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Reed, Councilor Honig, Chair Brechnitz, Councilor Young, Councilor Roman, Councilor Grifoni and Vice-Chair Rios City of Marco Island Florida Page 9 City Council Meeting Minutes - Final December 10, 2018 11. Resolutions for Adoption - None 12. Council Reports - None 13. Council Communications & Future Agenda ID 18-512 Future Agenda Items Councilor Honig relayed information written in an article posted in the Wall Street Journal on how to improve Council relations and believes most of the Councilors try to abide by those recommendations. He spoke about property tax revenues collected for Collier County Public Schools from Marco Island residents and all Collier County residents and believes the funds paid into Collier County and what is received back from Collier County is unacceptable. He commented on Mr. Naylon and Mr. Cale who spoke during public comment and believes the City is destroying their programs and City staff should meet with them to find a solution. His last item refers to the City Manager search process and that Council should come together and place this as a discussion topic for the early January City Council meeting. Councilor Roman advised she watched the Planning Board meeting last Friday and is proud of the citizens who attended. She asked if Council would be interested in directing the City Manager to work with staff to make an addition to the City code requiring an informational meeting with the neighborhood with a transcript and Council concurred. She updated the 2016 climate survey and said normally those surveys are conducted every two (2) years. She asked if Council would be interested in scheduling another survey in 2019. Her third item deals with the future agenda item regarding Advisory Committee selection process and stated Council needs enough time to prepare their position papers. Vice-Chair Rios questioned when the water quality workshop is going to be scheduled. It was determined to schedule the workshop after receiving the final report from Turrell, Hall and Associates. He is asking the City Manager to work with members of the Model Yacht Club and report back at the next meeting. He believes the City does not sponsor any senior events and that needs to change. His final comment regards NCH and he is suggesting the City send a letter of displeasure with what they are doing to the community. Councilor Grifoni brought up the sidewalk issue and is asking when it is going to be placed on the agenda. It was determined it is scheduled for the January 22, 2019 meeting. He is withdrawing his adopt a canal from the January 7, 2019 agenda and suggested forwarding it to the water quality workshop instead of a stand alone item. Councilor Reed is asking for consensus to direct the City Manager to direct his staff to either not allow the regatta on City property or get behind it as a City to assist and support it. It was noted the City Manager has already agreed to meet with the members and Chair Brechnitz will also attend. He encouraged the Chair and City Manager to make the January 22, 2019 agenda as light as possible since the ALF is scheduled. Councilor Young will provide positions papers on suntree filters and wastewater reuse water for a future agenda. Chair Brechnitz noted the most important item on the agenda is the City Manager discussion search and wants a thorough job done as quickly as humanly possible. He is placing the City Manager contract on the January 7, 2019 meeting for Council's consideration. City of Marco Island Florida Page 10 City Council Meeting Minutes - Final December 10, 2018 MOTION by Vice-Chair Rios, seconded by Councilor Honig, to extend the meeting fifteen (15) minutes till 9:45 P.M. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Reed, Councilor Honig, Chair Brechnitz, Councilor Young, Councilor Roman, Councilor Grifoni and Vice-Chair Rios 14. City Manager's Report ID 18-511 City Manager’s Report Interim City Manager Guillermo Polanco provided his report and Council had no questions or concerns. 15. City Attorney's Report ID 18-510 City Attorney’s Report City Attorney Alan Gabriel provided his report and Council had no questions and concerns. 16. Departmental Reports ID 18-509 Monthly Departmental Reports Council has agreed to forego the departmental reports by staff unless Council has a specific question for the department head. Public Works Report - Public Works Director Tim Pinter Water and Sewer Report - General Manager Jeff Poteet Police Department Report - Police Chief Al Schettino Finance Department Report - Acting Finance Director Debi Mueller IT Department Report - Director of Information Technology Jordan Turek Human Resources Department Report - HR Director Leslie Sanford Parks and Recreation Report - Parks, Culture and Recreation Manager Samantha Malloy Growth Management Report - Community Affairs Director Dan Smith Building Services Department Report - Chief Building Official Raul Perez Water & Sewer Report - General Manager Jeff Poteet Fire-Rescue Report - Fire Chief Mike Murphy 17. Citizens' Comments - None 18. Adjournment There being no further business to come before City Council, the meeting adjourned at 9:31 P.M. ________________________________________ Erik Brechnitz, Council Chairman ATTEST: ________________________________________ Laura Litzan, City Clerk PREPARED BY: ________________________________________ Lisa Smith, Recording Specialist City of Marco Island Florida Page 11 City Council Meeting Minutes - Final December 10, 2018 City of Marco Island Florida Page 12

Agenda

51 Bald Eagle Drive City of Marco Island Florida Marco Island, Florida cityofmarcoisland.com Meeting Agenda - Final-revised City Council Chair: Erik Brechnitz Vice-Chair: Victor Rios City Council: Jared Grifoni, Larry Honig, Howard Reed, Charlette Roman and Sam Young Interim City Manager: Guillermo Polanco City Attorney: Alan L. Gabriel City Clerk: Laura Litzan Monday, December 10, 2018 5:30 PM Community Meeting Room 1. Call to Order 2. Roll Call 3. Invocation 4. Pledge of Allegiance 5. City Manager's Public Update 6. Approval of Agenda and Consent Agenda (*) [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.] A. (*)Approval of Minutes 1. ID 18-508 Approval of the City Council Meeting Minutes of November 13, 2018 Attachments: City Council Meeting Minutes of November 13, 2018 B. (*) Resolutions City of Marco Island Florida Page 1 Printed on 12/5/2018 City Council Meeting Agenda - Final-revised December 10, 2018 1. ID 18-576 Resolution - Approving the Uniform Method for Collection of Non-Ad Valorem Assessments Attachments: Resolution 18-88 2018 Published notice of uniform collection 2. ID 18-662 Resolution - Appointing Ms. Claire Babrowski to the Marco Island Planning Board Attachments: Resolution 18-89 Application Bio 3. ID 18-644 Resolution - Site Development Plan 18-005453 for the construction of a new field station (Goodland Field Station) at the location of 2561 San Marco Road, Marco Island, FL 34145 Attachments: Resolution 18-90 Staff Report Application Site Plan Architectural Plans Civil Plans Topo Survey Directional Drill Report Dorm Report City of Marco Island Florida Page 2 Printed on 12/5/2018 City Council Meeting Agenda - Final-revised December 10, 2018 4. ID 18-647 Resolution - Site Development Plan 18-004313 for the redevelopment of Marco Island Academy at the location of 2255 San Marco Road, Marco Island, FL 34145 Attachments: Resolution 18-91 Staff Report Application Site Plan 1 Site Plan 2 Exterior Elevations A2 Exterior Elevation A2.1 Exterior Elevation A2.2 Exterior Elevation A2.3 Interior Elevations 1st Floor Plan 2nd Floor Plan 3rd Floor Plan Civil Plans Paving, Grading, Drainage Lighting Plan 1 Lighting Plan 2 Landscape Response Letter 5. ID 18-652 Resolution - Site Development Plan 17-003269 for an amendment to the existing site development plan for Publix and Shops of Marco located at 175 S. Barfield Drive, Marco Island, FL 34145 Attachments: Resolution 18-92 Staff Report Application Publix Elevation Shops of Marco Elevation Civil Site Plans 10-18-18 Autoturn Landscape & Irrigation Plans 10-18-18 Stormwater 9-4-18 City of Marco Island Florida Page 3 Printed on 12/5/2018 City Council Meeting Agenda - Final-revised December 10, 2018 6. ID 18-693 Resolution - Appointing Mr. David Crain to the Waterways Advisory Committee Attachments: Resolution 18-95 Resignation Application and Bio 7. City Council Items A. Presentations- None B. Discussion 1. ID 18-642 Approval of the 2019 City Council Meeting Schedule Attachments: 2019 City Council Meeing Schedule, Revised 2. ID 18-645 Appointments to the Collier County Coastal Advisory Committee (CAC), Metropolitan Planning Organization (MPO) and Tourist Development Council (TDC) 3. ID 18-648 Recruitment Process for Appointments to Board and Advisory Committees Attachments: Position Paper 4. ID 18-641 City Manager Search Process 8. Citizens' comments on agenda items not scheduled for public hearing and items other than those appearing on the agenda. [Those who have signed in will be given the first opportunity to speak. Time is limited to 4 minutes per speaker and 30 minutes total time for this agenda item.] TIME CERTAIN TO 6:00 PM OR AS SOON AS POSSIBLE THEREAFTER 9. Quasi-Judicial Public Hearing Please be advised that the following items on the agenda are quasi -judicial in nature. If you wish to comment upon these items, please inform the Clerk by filling out the available sign -up form. An opportunity for persons to speak on the items will be made available after the applicant and staff have made their presentations under oath or affirmation. Additionally, each person who gives testimony may be subject to cross-examination. If you refuse either to be cross-examined or to be sworn, your testimony will not be considered. The general public will not be permitted to cross-examine witnesses, but the public may request the Council to ask questions of staff or witnesses on their behalf. Persons representing organizations must present evidence of their authority to speak for the organization. (Council members to communicate ex -parte communication.) City of Marco Island Florida Page 4 Printed on 12/5/2018 City Council Meeting Agenda - Final-revised December 10, 2018 a. ID 18-643 Resolution - Variance Petition 18-004268 requesting reducing front and side setbacks for the proposed Rookery Bay Goodland field station located at 2561 San Marco Road, Marco Island, FL 34145 Attachments: Resolution 18-93 Staff Report Application Site Plan b. ID 18-646 Resolution - Variance Petition 18-004312 requesting to increase the building maximum height requirement of thirty (30) feet for the Marco Island Academy located at 2255 San Marco Road, Marco Island, FL 34145. Attachments: Resolution 18-94 Staff Report Application Exterior Elevations A2 Exterior Elevation A2.1 Exterior Elevation A2.2 Exterior Elevation A2.3 City of Marco Island Florida Page 5 Printed on 12/5/2018 City Council Meeting Agenda - Final-revised December 10, 2018 c. ID 18-664 Ordinance - First Reading - Rezone - San Marco CPUD - Marco Island Hospital (a.k.a. Assisted Living Facility) request to rezone from C-1 to a Planned Unit Development (PUD). City of Marco Island Florida Page 6 Printed on 12/5/2018 City Council Meeting Agenda - Final-revised December 10, 2018 Attachments: Ordinance Staff Report Application 8-8-18 Response Letter 10-4-18 Response Letter 10-11-18 Narrative 8-12-18 Deviation Justifications 8-13-18 Marco Island U.S Census Quick Facts Barrier Island ALFs in Florida Rezone Considerations 8-13-18 Revised PUD Master Plan 11-12-18 Environmental Impact Statement Utility Provisions Report PUD TIS_certified 11-29-18 Site and Architectural Theme 10-9-18 Applicant Proposed Text of PUD Ordinance 11-13-18 (Clean Copy) Applicant Proposed Revised Text of PUD Ordinance 11-13-18 (Strike-thru) Exhibit C 8-9-18 C1 Alternative buffer Boundary Survey Evacuation Plan Conceptual Open Space Open Space Calculatiuons Exhibit Compliance with PUD Requirements 8-13-18 MICA Midisland Amendment 5-31-18 MICA Tract A Amendment 5-31-18 The Watermark CCRC Planning Board Presentation 11.02.2018 (Rev 2) Resident Letter - Sommerfeld Resident Email - Patterson Resident Email - Geis Marco Site - ALF Front 12-30-18 Marco Site - Liac_IL Drive 12-30-18 Marco Site - ALF Green 12-30-18 Marco Site - Pool 12-30-18 Daniel J Smith Credentials Patrick Vanesse Credentials 10. Ordinances City of Marco Island Florida Page 7 Printed on 12/5/2018 City Council Meeting Agenda - Final-revised December 10, 2018 a. ID 18-653 Ordinance - First Reading - Endangered, Threatened or Listed Species Attachments: Ordinance Staff Report 11. Resolutions for Adoption - None 12. Council Reports - None 13. Council Communications & Future Agenda ID 18-512 Future Agenda Items Attachments: Copy of Future Agenda Committee Summary 14. City Manager's Report ID 18-511 City Manager’s Report Attachments: City Manager's Report 15. City Attorney's Report ID 18-510 City Attorney’s Report Attachments: City Attorney Report For 12.10.18 (12.3.18).pdf 16. Departmental Reports ID 18-509 Monthly Departmental Reports Attachments: Water & Sewer Public Works Police Finance, Informaton Technology, Human Resources Information Technology Goals & Objectives Parks & Recreation Growth Management Building Services Fire-Rescue 17. Citizens' Comments City of Marco Island Florida Page 8 Printed on 12/5/2018 City Council Meeting Agenda - Final-revised December 10, 2018 [4 minutes per individual – Each individual has one opportunity to speak.] 18. Adjournment The public hearings will commence at 5:30 p.m., or soon thereafter as business permits, in the City of Marco Island, Community Room, 51 Bald Eagle Drive, Marco Island, Florida. All interested persons are invited to attend the meeting and participate in the discussion; or, written comments may be sent to the City of Marco Island, 50 Bald Eagle Drive, Marco Island, FL. 34145. Pursuant to Section 286.0105, Florida Statutes, if a person decides to appeal any decision made by City Council with respect to any matter considered at such hearing or meeting, one will need a record of the proceedings for such purpose that person may need to ensure that a verbatim record of the proceedings is made; such record includes the testimony and evidence upon which the appeal is to based. ADA Assistance: Anyone needing special assistance at the City Council hearing due to disability should contact the City of Marco Island at (239) 389-5010 at least two days prior thereto. Please contact the City Clerk at laura@cityofmarcoisland.com if you would like to receive any of the items on the agenda by email. Any Invocation that may be offered before the official start of the Council meeting shall be voluntary offering of a private citizen, to and for the benefit of the Council. The views and beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Council, and the Council is not allowed by law to endorse the religious beliefs or views of this, or any speaker. City of Marco Island Florida Page 9 Printed on 12/5/2018

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