City Council

City of Marco Island Florida 51 Bald Eagle Drive Marco Island, Florida cityofmarcoisland.com Meeting Minutes - Final Tuesday, January 22, 2019 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 and Sam Young Interim City Manager: David Harden City Attorney: Alan L. Gabriel City Clerk: Laura Litzan City Council Meeting Minutes - Final January 22, 2019 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 David Harden, Interim City Manager Laura Litzan, City Clerk Alan L. Gabriel, City Attorney Ray Munyon, Fire Marshal Al Schettino, Police Chief Guillermo Polanco, Finance Director Lina Upham, Purchasing and Risk Manager Tim Pinter, Director of Public Works Chris Byrne, Hurricane Incident Commander 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 Father Timothy Navin of the San Marco Catholic Church 4. Pledge of Allegiance - Led by Planning Board Member Joe Rola Following the pledge of the allegiance, Chair Brechnitz announced that the Fire Marshal has declared the room to be at full capacity, therefore, if you are unable to find a seat he is asking you relocate outside. 5. Approval of the Agenda Councilor Young removed items 7-a ( Resolution Authorizing the Purchase of Reverse Osmosis Membranes for the South Water Treatment Plant for Fiscal Years 2019, 2020, and 2021, in the Amount of $79,705.87 per year; authorizing the City Manager to Approve Purchase Orders and Expend Funds on Behalf of the City, Subject to Funds Being Budgeted, 7-c (Resolution Authorizing the City Manager to Enter into an Agreement with C.A.P. Government, Inc. for inspection and plan review services) and 7-d (Resolution Approving the Award of a Construction Contract to PBS Contractors, LLC, for the Lime Sludge Press Building Restoration at the North Water Treatment Plant (NWTP) in the Amount of $248,900.00, plus a $20,000.00 Owner’s Contingency, for a Total Contract Amount Not to Exceed $268,900.00; Waiving Competitive Bidding Requirements Pursuant to Section 2-255(c)(2) and (4) of the City Code; Authorizing the City Manager to Approve Purchase Orders and Expend Budget Funds on Behalf of the City) from the Consent Agenda. Councilor Roman requested adding Interim City Manager David Harden's name to the agenda title page and Council concurred. Councilor Reed suggested moving item 11-a-1 (Ordinance(s) - Second Reading & Public Hearing - Amending Firefighters and Police Officers Pension Plans) and 11-a-2 (Ordinance - Second Reading & Public Hearing - Providing a Permanent Exception to Parking Regulations Enforcement from November 15 through January 15) earlier in the agenda. The motion maker and second did not concur. City of Marco Island Florida Page 1 City Council Meeting Minutes - Final January 22, 2019 MOTION by Vice-Chair Rios, to approve the Agenda. NO VOTE TAKEN ON THIS MOTION MOTION by Vice-Chair Rios, seconded by Councilor Young, to approve the Agenda as amended. NO VOTE TAKEN ON THIS MOTION MOTION by Vice-Chair Rios, seconded by Councilor Honig, to approve the Agenda as amended, by only removing Items 7-a, 7-c and 7-d from 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 6. Approval of the Minutes ID 18-671 Approval of the City Council Meeting Minutes of January 7, 2019 Councilor Roman suggested Interim City Manager David Harden's name be included in the title page of the minutes and Council concurred. MOTION by Vice-Chair Rios, seconded by Councilor Young, to approve the January 7, 2019 City Council Meeting Minutes as amended. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Reed, Councilor Honig, Chair Brechnitz, Councilor Young, Councilor Roman, Councilor Grifoni and Vice-Chair Rios 7. Approval of the Consent Agenda (*) MOTION by Vice-Chair Rios, seconded by Councilor Young, to approve the Consent Agenda as amended. 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. ID 18-724 Resolution Authorizing the Purchase of Reverse Osmosis Membranes for the South Water Treatment Plant for Fiscal Years 2019, 2020, and 2021, in the Amount of $79,705.87 per year; authorizing the City Manager to Approve Purchase Orders and Expend Funds on Behalf of the City, Subject to Funds Being Budgeted. City of Marco Island Florida Page 2 City Council Meeting Minutes - Final January 22, 2019 (Editorial History: Reverse osmosis (“RO”) membranes are tightly wound in a spiral configuration and filter water under high pressure. All filtration elements such as RO membranes become fouled, deteriorate, and lose their efficiency with use as they age, resulting in higher energy costs to produce the same amount of water. The RO membranes at the South Water Treatment Plant (“SWTP”) have reached the end of their service life. The existing membranes that need to be replaced were installed in 2009 and 2010. RO membranes have a life expectancy of 5-6 years. There are six membrane racks at the SWTP. The City publicly bid the purchase of the membranes for all six racks in 2016 via Invitation to Bid (“ITB”) # 16-08. The City has already purchased and replaced membranes for three of the six racks within the past two years. The membranes in the remaining three racks will need to be replaced in the next three years to spread the cost of replacements in accordance with the approved CIP budget. The amount of $85,000 per year for replacement of the RO membranes is included in the City’s CIP budget approved by Council for the next two years and $50,000 each year thereafter. The amount of $23,445 was carried over from FY18, so there are sufficient funds in the existing CIP for the purchase of the remaining membranes for three racks over the next three years, providing 2020 and 2021 are budgeted as currently planned. Staff is hereby requesting approval from council to purchase membranes for the remaining three racks in the next three years (FY 2019, 2020, and 2021) at $79,705.87 per year for 2019 and 2020 in accordance with the pricing that was publicly bid in ITB #16-08.) City Clerk Laura Litzan read into the record by title only, Resolution 19-04. Councilor Young removed this item from the Consent Agenda. He asked what the strategic value is in using multi-year contracts Water and Sewer Department General Manager Jeff Poteet provided background information and answered Council's questions and concerns. MOTION by Councilor Honig, seconded by Councilor Reed, to approve Resolution 19-04, Authorizing the Purchase of Reverse Osmosis Membranes for the South Water Treatment Plant for Fiscal Years 2019, 2020, and 2021, in the Amount of $79,705.87 per year; authorizing the City Manager to Approve Purchase Orders and Expend Funds on Behalf of the City, Subject to Funds Being Budgeted. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Reed, Councilor Honig, Chair Brechnitz, Councilor Young, Councilor Roman, Councilor Grifoni and Vice-Chair Rios b. ID 19-021 Resolution Awarding the Contract for the 2019 Hideaway Beach Erosion Control Project. (Editorial History: At the request of the City Council and the Hideaway Beach District Board (HBDB), the Public Works Department advertised bids for the construction of the 2019 Hideaway Beach Erosion Control Project. This project will consist of dredging approximately 46,000 cubic yards of beach compatible sediment from the Hideaway Beach Nearshore Borrow Area to renourish Hideaway Beach including raising the elevation of the beach berm 0.5-feet compared to past renourishment projects. The sand shall be transported and placed on Hideaway Beach by hydraulic or mechanical methods. The project was advertised on December 11th, 2018 and bids were opened on January 14th, 2019.The award of the contract for the construction of the 2019 Erosion Control Project is recommended based on the lowest responsible bid. The Hideaway Beach Board met on January 14th, 2019 after obtaining the bid submittals and the Board recommended award of the contract to Cavache, Inc. in the amount of $655,761.67 for the final bid.) City Clerk Laura Litzan read into the record by title only, Resolution 19-06. This item was approved under the Consent Agenda. City of Marco Island Florida Page 3 City Council Meeting Minutes - Final January 22, 2019 c. ID 19-026 Resolution Authorizing the City Manager to Enter into an Agreement with C.A.P. Government, Inc. for inspection and plan review services. (Editorial History: In order to provide our citizens with timely inspection services, we are requesting Council’s approval for the Building Services Department to continue its use of a private provider for inspection and plan review services. The City has relied on C.A.P. Government, Inc. services steadily since hurricane Irma. We expect this elevated inspection workload to continue for several more months. We use the permits applied for statistics as a precursor to forecast our upcoming inspection workload. We had 4,640 permits applied for in the last six months compared with 3,768 in the last six months of 2016, prior to the hurricane. Last year we performed 39,712 inspections vs 22,120 the year prior. Thus, based on the number of permits applied for in the last six months and our current inspection workload, we are requesting to continue to use their services. On May of 2017, the City of Fort Lauderdale signed a contract with C.A.P. Government, Inc. to outsource inspection and plan review services. The City of Marco Island Finance Department staff believes that it would be to the best interest of the City and its taxpayers to have this service outsourced by piggy-backing on the City of Fort Lauderdale’s contract with C.A.P. Government, Inc.) City Clerk Laura Litzan read into the record by title only, Resolution 19-07. Councilor Young removed this item from the Consent Agenda. He expressed his concerns with the verbiage "waiving competitive purchasing requirements" and asked why the City is using the City of Fort Lauderdale. Interim City Manager David Harden provided an explanation of "piggy-backing" on other government contracts. MOTION by Vice-Chair Rios, to approve Resolution 19-07. NO VOTE TAKEN ON THIS MOTION MOTION by Vice-Chair Rios, seconded by Councilor Honig, to approve Resolution 19-07, Authorizing the City Manager to Enter into an Agreement with C.A.P. Government, Inc. for inspection and plan review services. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Reed, Councilor Honig, Chair Brechnitz, Councilor Young, Councilor Roman, Councilor Grifoni and Vice-Chair Rios d. ID 19-025 Resolution Approving the Award of a Construction Contract to PBS Contractors, LLC, for the Lime Sludge Press Building Restoration at the North Water Treatment Plant (NWTP) in the Amount of $248,900.00, plus a $20,000.00 Owner’s Contingency, for a Total Contract Amount Not to Exceed $268,900.00; Waiving Competitive Bidding Requirements Pursuant to Section 2-255(c)(2) and (4) of the City Code; Authorizing the City Manager to Approve Purchase Orders and Expend Budget Funds on Behalf of the City. City of Marco Island Florida Page 4 City Council Meeting Minutes - Final January 22, 2019 (Editorial History: The lime sludge press building at the City’s North Water Treatment Plant (NWTP) was the most severely damaged City-owned building as a result of Hurricane Irma. The building was constructed in 1981 and consisted of steel columns and beams clad in corrugated metal panels. The lime sludge press building was slated to be reconstructed as part of Belfor’s building restoration contract in the aftermath of the hurricane. However, after many months of being on Belfor’s list to reconstruct, Belfor indicated that this type of work is not in their area of expertise and declined the restoration of this building. City staff then had to scramble to have a structural engineer prepare construction plans and find a contractor that could perform this restoration work since the FEMA deadline for completing hurricane damage restoration work is March 9, 2019. City staff subsequently obtained structural engineering plans and three proposals from building contractors for the restoration work.) City Clerk Laura Litzan read into the record by title only, Resolution 19-08. Councilor Young removed this item from the Consent Agenda. He is asking how much time the City has had since the FEMA money was available to date and again expressed his concerns with the verbiage "waiving competitive purchasing requirements". Water and Sewer Department General Manager Jeff Poteet provided background information and answered Council's questions and concerns. Hurricane Irma Recovery Coordinator Chris Byrne answered Council's questions and concerns regarding the Federal Emergency Management Agency (FEMA) timeline for funding reimbursement. MOTION by Councilor Honig, seconded by Councilor Reed, to approve Resolution 19-08, Approving the Award of a Construction Contract to PBS Contractors, LLC, for the Lime Sludge Press Building Restoration at the North Water Treatment Plant (NWTP) in the Amount of $248,900.00, plus a $20,000.00 Owner’s Contingency, for a Total Contract Amount Not to Exceed $268,900.00; Waiving Competitive Bidding Requirements Pursuant to Section 2-255(c)(2) and (4) of the City Code; Authorizing the City Manager to Approve Purchase Orders and Expend Budget Funds on Behalf of the City. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Reed, Councilor Honig, Chair Brechnitz, Councilor Young, Councilor Roman, Councilor Grifoni and Vice-Chair Rios 8. City Council Items A. Presentations 1. ID 19-030 Proclamation for Marco Island Historical Society (MIHS) - Key Marco Artifacts Exhibit On behalf of City Council, Chair Brechnitz read a proclamation honoring the Marco Island Historical Society. 2. ID 19-032 Collier County Coastal Zone Management Director Gary McAlpin - Update on Central Beach Regrading Project Collier County Coastal Zone Management Director Gary McAlpin provided an update on the Central Beach Regrading Project (from Sand Dollar Island to the Marriott) and answered Council's questions and concerns. B. Discussion Items - None City of Marco Island Florida Page 5 City Council Meeting Minutes - Final January 22, 2019 9. Citizens' comments on agenda items not scheduled for public hearing and items other than those appearing on the agenda. Mr. Ken Honecker, 632 Dorando Court, noted it is standing room only in the lobby and additional chairs would be appreciated. He questioned the repair timeline of the Jolley Bridge. He commented on the sidewalk issue on the December Council meeting and believes it needs to be addressed sooner rather than later. It is his opinion the City should take full responsibility for the sidewalks once they have been built and finally he spoke about how the City could purchase the NCH property and turn it into a park and suggested naming it the Herb Savage Park. Ms. Patricia Rutledge, 1568 Buccaneer Court, Executive Director of Marco Island Historical Society (MIHS), thanked City Council and the City for the proclamation to MIHS and Public Works Director Tim Pinter, staff and the Beautification Advisory Committee (BAC) for the banners along Collier Boulevard announcing the return of the artifacts. 10. Quasi-Judicial Public Hearing ID 19-048 San Marco PUD Slideshow Presentation - Mr. Patrick Vanasse ID 19-022 Ordinance - First Reading - REZONE San Marco CPUD - Marco Island Hospital (a.k.a. Assisted Living Facility) request to rezone from C-1. (Editorial History: This is an application to rezone an existing +/- 11.94 C-1(Commercial Professional) zoned property to Planned Unit Development (PUD). The Land Development Code (LDC) requires a minimum of 10 acres to rezone to a PUD. Having met that condition, the applicant wishes to allow for the following density, uses, and development standards: 1. A maximum of 89,000 square feet of health care related commercial uses on Tracts A (1.94 acres, 30,000 square feet) and B (5.09 acres, 59,000 square feet). 2. A maximum of 176,680 square feet of Assisted Living Facility (ALF) on Tract C (4.91 acres). The PUD Ordinance allows clustering of residential density if you meet all requirements of the PUD Ordinance. In this application, all proposed density is planned for the 4.91 acres of Tract C. The Future Land Use Map of the Comprehensive Plan has designated this area as Community Commercial. Residential density is capped by the Future Land Use Table at 12 units per acre or 143 units based on 11.94 acres proposed. The applicant wishes to exceed this cap with an equivalency factor for the ALF allowing for up to 13.9 units per acre. The current zoning of C-1 (Architectural Overlay District 2-d.) does not allow for residential density. Also, C-1 only allows a maximum height limit of 35 feet, or with a Conditional Use, 50 feet maximum. This rezoning application from C-1 to PUD is allowing for residential density in the form of Assisted Living Facility uses including Independent Living. All other proposed commercial uses are already allowed within C-1 zoning.) City Clerk Laura Litzan read into the record by title only, an Ordinance on first reading, rezoning San Marco CPUD- Marco Island Hospital (a.k.a. Assisted Living Facility) request to rezone from C-1. Chair Brechnitz stated the process going forward as the petitioner will have thirty (30) minutes to present their case, staff will lay out their position and then public comment. He will allow residents to cede their time to a designated person. City Attorney Alan Gabriel swore in all witnesses and asked that the public verify they have been sworn in before speaking. All Councilors provided their ex-parte communications. City of Marco Island Florida Page 6 City Council Meeting Minutes - Final January 22, 2019 Mr. Craig Woodward, Attorney with Woodward, Pires & Lombardo, P.A., 606 Bald Eagle Drive Suite 500, Marco Island, Florida 34145, representing the petitioner, introduced his project team who is available to answer Council's questions and concerns. Mr. Walt Chancey with Chancey Design Partners, 1228 East 7th Avenue, Tampa, Florida 33605 addressed concerns from the public regarding the project. (It is noted for the record, Councilor Young left the meeting at 6:34 P.M. and returned at 6:37 P.M.) Mr. Patrick Vanasse, Director of Planning with RWA, Inc. 6610 Willow Park Drive, Suite 200, Naples Florida, 34109 gave a powerpoint presentation on the original proposal and the implemented changes. It is noted for the record, his presentation can be view in its entirety under File ID-19-048. (THE MEETING WENT INTO RECESS AT 7:17 P.M. IT IS NOTED FOR THE RECORD THE SAME COUNCILORS WERE PRESENT WHEN THE MEETING RECONVENED AT 7:30 P.M.) Following recess, Community Affairs Director Dan Smith presented the project and gave staff's recommendations, however, he noted he has not had an opportunity to review their newest proposal. Public Comment: Those speaking in opposition or expressing concerns: Ms. Teri Sommerfeld, 1111 San Marco Road - following residents ceded their time: - Mr. Vince Gerard, 41 South Seas Court - Ms. Tina Gerard, 41 South Seas Court - Ms. Sharon Lynn, 185 Hollyhock Court - Mr. Bryan Ernst, 41 South Seas Court - Ms. Assunta Gerard, 41 South Seas Court - Mr. Bill Greischen, 51 South Seas Court Ms. Delores Hoenes, 185 Waterside Circle Unit 102 Mr. Donald Bonica, 850 South Collier Boulevard Ms. Bernie Greischen, 51 South Seas Court Mr. Brian Tuite, 1165 San Marco Road Mr. David Crain, 1076 Gayor Way Mr. Robert Kusek, 190 Waterside Circle Unit 201 Ms. Kathy Spina, 210 Waterside Circle unit 202 - following residents ceded their time -Mr. and Mrs. Joe Sinclair, Villas at Waterside residents Mr. Al Marchand, 1657 Piedmont Circle, - following resident ceded his time - Mr. Joe Rola 879 Banyan Court Mr. Mark Geis, 205 Waterside Court Unit 101 Mr. Jason Bailey, 1727 Dogwood Drive Mr. Joseph Kruse, 235 Waterside Circle Unit 201 Mr. John Campbell, 215 Waterside Circle Ms. Anne Sepe, 1657 Piedmont Circle Those speaking in favor: Ms. Mary Lou Mason, 1241 Lamplighter Court Ms. Marie Johnson, 379 Edgewater Court Ms. Bonnie Woodward,1061 South Collier Boulevard, spoke on behalf of Ms. Dee Algard 624 Nassau Road who left the meeting Ms. Kathryn Sullivan, 1330 Caxambas Court Mr. Joe Riccio, 428 Marquesa Court City of Marco Island Florida Page 7 City Council Meeting Minutes - Final January 22, 2019 Mr. George Purvis, 6000 Royal Marco Way Unit 657 Ms. Roseanne Christ, 1401 North Collier Boulevard Mr. William Christ, 1401 North Collier Boulevard Mr. Jack Patterson, 860 Panama Court Ms. Kathleen Reynolds, 1685 Ludlow Road Mr. Gordon Glover, 1605 Ludlow Road Mr. Paul Tateo, 940 Montego Court Those called to speak but left the meeting: Mr. Ken Honecker, 632 Dorando Court Mr. Jeffrey Fortin, 235 Seaview Court MOTION by Vice-Chair Rios, seconded by Councilor Young, to extend the meeting sixty (60) minutes till 10:30 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 Following public comment, Mr. Patrick Vanasse addressed some of the points raised during public comment and asked the following to be placed into the public record: *his powerpoint presentation *all materials as part of their application *all resumes for the expert witnesses Mr. Craig Woodward read into the record, a sentence from the letter NCH gave to Marco Island Civic Association (MICA) regarding the proceeds from the sale of the property to be used for a new building to replace the existing health care center and NCH will provide the exact same letter to City Council as their commitment and guarantee. He noted they will add verbiage that transient uses are not allowed. Council continued to engage in discussions and City Attorney Alan Gabriel verified that Council needs to make any motion in the affirmative. He advised they have the following options; to approve or deny, to defer or continue with direction to the applicant to take whatever action that may be appropriate in the time frame to consider. MOTION by Councilor Rios, to continue this issue and hold a referendum and ask the developer to pay for the cost of the referendum. NO VOTE TAKEN ON THIS MOTION MOTION by Councilor Honig, to ask the applicant to re-apply. NO VOTE TAKEN ON THIS MOTION MOTION by Councilor Honig, to defer this item until a time certain to be determined between the applicant and the City. NO VOTE TAKEN ON THIS MOTION City of Marco Island Florida Page 8 City Council Meeting Minutes - Final January 22, 2019 MOTION by Councilor Honig, seconded by Councilor Grifoni, to continue this matter until the March 4, 2019 City Council Meeting. MOTION FAILED BY THE FOLLOWING VOTE: Yes: 3- Councilor Honig, Chair Brechnitz and Councilor Grifoni No: 4- Councilor Reed, Councilor Young, Councilor Roman and Vice-Chair Rios City Attorney Alan Gabriel advised Council they could have another motion to continue but to a shorter time frame or different date and it is their responsibility to take some sort of action on this matter. MOTION by Councilor Honig, seconded by Chair Brechnitz, to approve an Ordinance on First Reading - REZONE San Marco CPUD - Marco Island Hospital (a.k.a. Assisted Living Facility) request to rezone from C-1. NO VOTE TAKEN ON THIS MOTION MOTION by Councilor Honig, seconded by Vice-Chair Rios, to extend the meeting thirty (30) minutes till 11:00 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 MOTION by Councilor Honig, seconded by Chair Brechnitz, to approve an Ordinance on First Reading - REZONE San Marco CPUD - Marco Island Hospital (a.k.a. Assisted Living Facility) request to rezone from C-1 as presented. MOTION FAILED BY THE FOLLOWING VOTE: Yes: 1- Councilor Honig No: 6- Councilor Reed, Chair Brechnitz, Councilor Young, Councilor Roman, Councilor Grifoni and Vice-Chair Rios MOTION by Councilor Grifoni, to continue this item on or before the end of 2019. NO VOTE TAKEN ON THIS MOTION MOTION by Councilor Grifoni, to reconsider and bring this item back for a continuance to give the applicant an opportunity to come back before the end of the year. NO VOTE TAKEN ON THIS MOTION 11. Ordinances A. Public Hearings 1. ID 19-014 Ordinance(s) - Second Reading & Public Hearing - Amending Firefighters and Police Officers Pension Plans City of Marco Island Florida Page 9 City Council Meeting Minutes - Final January 22, 2019 (Editorial History: In 2015, City Council agreed to new three-year collective bargaining agreements with the International Association of Firefighters Local 2887 and the Police Benevolent Association via Resolutions 15-68 and 15-79, respectively. Recently it was discovered that the corresponding changes to the pension plans agreed to in the collective bargaining agreements were not presented to Council for adoption by ordinance. The required ordinances, along with financial impact statements provided by the plan actuaries and the respective collective bargaining agreements, are attached. The pension board’s attorney, Pedro Herrera of the firm Sugarman Susskind, will be attending the meeting to answer any questions. City Council adopted the Ordinance 7-0 at first reading on January 7, 2019.) City Clerk Laura Litzan read into the record by title only, an Ordiance 19-02. MOTION by Vice-Chair Rios, seconded by Councilor Reed, to approve Ordinance 19-02, on Second Reading and Public Hearing - Amending Firefighters Pension Plans. 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 Clerk Laura Litzan read into the record by title only, Ordinance 19-03. MOTION by Vice-Chair Rios, seconded by Councilor Young, to approve Ordinance 19-03, on Second Reading and Public Hearing - Amending Police Officers Pension Plans. 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 19-024 Ordinance - Second Reading & Public Hearing - Providing for a Permanent Exception to Parking Regulations Enforcement from November 15 through January 15 (Editorial History: During the last few years, City Council has passed resolutions to impose a moratorium on the enforcement of vehicles blocking sidewalks and parked in swales overnight in residential districts. Consequently, City Council expressed the desire to have this done on a permanent basis in the form of an ordinance. Amendment to Section 50, Traffic and Vehicles, of the City’s code of ordinance is hereby presented for second reading. During the first reading language indicating that this change would be applicable to the owner of the property adjacent to the sidewalk or swale or to vehicle owners who have received written permission from the owner of the property adjacent to the sidewalk or swale was added.) City Clerk Laura Litzan read into the record by title only, Ordinance 19-04. (It is noted for the record, Councilor Young left the meeting at 10:43 P.M. and returned at 10:46 P.M.) Purchasing and Risk Manager Lina Upham is seeking clarification from Council regarding allowed parking in swales and across sidewalks or both. (It is noted for the record, Councilor Roman left the meeting at 10:50 P.M. and returned at 10:53 P.M.) City of Marco Island Florida Page 10 City Council Meeting Minutes - Final January 22, 2019 MOTION by Vice-Chair Rios, seconded by Councilor Reed, to approve Ordinance 19-04, on Second Reading and Public Hearing - Providing for a Permanent Exception to Parking Regulations Enforcement from November 15 through January 15. NO VOTE TAKEN ON THIS MOTION MOTION by Vice-Chair Rios, seconded by Councilor Reed, to approve Ordinance 19-04, on Second Reading and Public Hearing - Providing for a Permanent Exception to Parking Regulations Enforcement from November 15 through January 15, amended to include Councilor Grifoni's redline which crosses out Councilor Reed's and changes it to "unless the record property owner adjacent to a swale or swale area has requested specific enforcement of the provision in writing during the relevant time period each year". NO VOTE TAKEN ON THIS MOTION MOTION by Vice-Chair Rios, seconded by Councilor Reed, to approve Ordinance 19-04, on Second Reading and Public Hearing - Providing for a Permanent Exception to Parking Regulations Enforcement from November 15 through January 15. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 5- Councilor Reed, Councilor Honig, Chair Brechnitz, Councilor Roman and Vice-Chair Rios No: 2- Councilor Young and Councilor Grifoni B. First Readings - None 12. Resolutions for Adoption - None 13. Council Reports - None 14. Council Communications & Future Agenda ID 18-672 Future Agenda Items Councilor Reed will provide a position paper on garbage can placement and screening. 15. City Manager's Report This item was deferred. 16. City Attorney's Report - None 17. Departmental Reports ID 18-675 Monthly Departmental Reports This item was deferred. City of Marco Island Florida Page 11 City Council Meeting Minutes - Final January 22, 2019 18. Citizens' Comments This item was deferred. 19. Adjournment There being no further business to come before City Council, the meeting adjourned at 11:00 P.M. ___________________________ Erik Brechnitz, Council Chairman ATTEST: _________________________________________ Laura Litzan, City Clerk PREPARED BY: ________________________________________ Lisa Smith, Recording Specialist City of Marco Island Florida Page 12