City Council

City of Marco Island Florida 51 Bald Eagle Drive Marco Island, Florida cityofmarcoisland.com Meeting Minutes - Final Monday, March 4, 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 March 4, 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 Mike Murphy, Fire Chief Al Schettino, Police Chief Guillermo Polanco, Finance Director Tim Pinter, Director of Public Works Chris Byrne, Hurricane Incident Commander Jeff Poteet, General Manager of Water and Sewer Daniel Smith, Community Affairs Director Lisa Smith, Recording Specialist Bill Miller, Special Detail Police Officer Citizens and Visitors 3. Invocation - Led by Pastor Steve Schoof of the Marco Presbyterian Church 4. Pledge of Allegiance - Led by Chair Brechnitz 5. Approval of the Agenda Chair Brechnitz suggested removing Item 8-B-2 (Waterways Advisory Committee (WAC) Recommendation for Monthly Water Quality Testing) from the Agenda and placing it on the March 18, 2019 City Council Agenda after the Water Quality Workshop has been conducted and Council concurred. Chair Brechnitz also removed Item 11-A-1 (Ordinance - Second Reading and Public Hearing Amending Sec 50-37 of the City Code to Provide for an Exception to Swale Parking Restriction Enforcement in Residential Districts from November 15 through January 15) and Item 11-A-2 (Ordinance - Second Reading and Public Hearing to Allow Parking in Swales and Alleys in Commercial Zoning Districts Between 7:00 a.m. and Midnight 2) because they were not properly advertised. MOTION by Vice-Chair Rios, seconded by Councilor Grifoni, to approve the 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 6. Approval of the Minutes ID 18-714 Approval of the City Council Meeting Minutes of February 19, 2019 Councilor Roman requested amending verbiage for the first sentence on page eight (8) under Council Communications. City of Marco Island Florida Page 1 City Council Meeting Minutes - Final March 4, 2019 Original Minutes: Councilor Roman commented on three (3) items; lights for the Jolley Bridge have been ordered and scheduled for installation in late March or early April; the inability to search for documents on the new City website and there being no quality control over it; and her last comments is in regards to the Turrell, Hall and Associates water quality report and believes it is time for Council to establish a multi year plan. Revised Minutes: Councilor Roman commented on three (3) items, (1) MPO report lights for the Jolley Bridge have been ordered and scheduled for installation, along with arms and poles which will also be replaced in late Marco or early April; (2) the inability to search for documents on the new City website and there being no quality control over it; and (3) her last comment is in regards to the Turrell, Hall and Associates water quality report. She believes it is time for Council to establish a multi year plan. MOTION by Vice-Chair Rios, seconded by Councilor Roman, to approve the February 19, 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 Councilor Young, seconded by Councilor Honig, to approve 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 (*).] (IT IS NOTED FOR THE RECORD, THE ITEMS ON THE AGENDA APPEAR IN NUMERICAL ORDER IN THE MINUTES.) a.(*) ID 19-092 Resolution Approving and Designating the City Manager as the Authorized Agent Having Signature Authority for the Execution of Federally Funded Subaward and Grant Agreements for Hurricane Irma DR-4337 (FL) Obligated FEMA Public Assistance Projects This item was approved under the Consent Agenda. b.(*) ID 19-080 Resolution for Mutual Aid Agreement for Providing and Receiving Emergency Assistance from other Water/Wastewater Utilities This item was approved under the Consent Agenda. c.(*) ID 19-088 Authorizing the City Manager to Issue Purchase Order Service Authorization to CH2MHill, Inc. for Professional Consulting Services for the Design of the Replacement of the South Water Treatment Plant (SWTP) West High Service Pump Station This item was approved under the Consent Agenda. City of Marco Island Florida Page 2 City Council Meeting Minutes - Final March 4, 2019 8. City Council Items A. Presentations 1. ID 19-093 Tree Policy Recommendations - Beautification Advisory Committee (BAC) MOTION by Councilor Roman, seconded by Councilor Honig, to continue this item in light of the fact there is no representative here to the next City Council Meeting on March 18, 2019. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Reed, Councilor Honig, Chair Brechnitz, Councilor Young, Councilor Roman, Councilor Grifoni and Vice-Chair Rios (It is noted for the record, Beautification Advisory Committee Chair Kirlin is now present at 5:53 P.M.) MOTION by Vice-Chair Rios, seconded by Councilor Young, to reconsider this item and place it back on tonight's Agenda before the City Attorney's Report. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Councilor Reed, Councilor Honig, Chair Brechnitz, Councilor Young, Councilor Grifoni and Vice-Chair Rios No: 1- Councilor Roman Beautification Advisory Committee Chair Andrew Kirlin provided Council the committee's tree policy recommendations. Public Works Director Tim Pinter answered Council's questions and concerns regarding a tree budget which falls in the roadway maintenance budget. (It is noted for the record, Councilor Young left the meeting at 7:32 P.M. and returned at 7:35 P.M.) Following discussion, it was determined that Council accept the report, refer the report to the City Manager to incorporate it into Council's work going forward and take the report into consideration during the budget process, the new landscaping contract and the Land Development Code (LDC). B. Discussion Items 1. ID 19-086 Property Assessed Clean Energy (PACE) Program (Editorial History: At the September 17, 2018 meeting, Councilor Roman, requested that City Council add the above referenced item for Council deliberation. The materials submitted by the sponsoring Councilor are attached. Subsequently, at the October 15, 2018 meeting, Council requested that staff research the program and provide a recommendation.) Public Comment: Mr. Keith Klipstein, Marco Island Resident, said he has experience in developing several renewable energy projects for construction companies and has first hand experience with PACE which has gained approval in Florida including Collier County and the City of Naples. He believes the best deals are to just pay in cash or short term financing for a better yield. City of Marco Island Florida Page 3 City Council Meeting Minutes - Final March 4, 2019 Ms. Kate Wesner, representing Ygrene Energy Fund, 3390 Mary Street, Miami Florida 33133, provided additional information about the program and clarified Council's questions and concerns. MOTION by Councilor Roman, seconded by Councilor Honig, that the City of Marco Island not proceed with Property Assessed Clean Energy (PACE) Program at this time. 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 19-094 Waterways Advisory Committee (WAC) Recommendation for Monthly Water Quality Testing This item was removed from the Agenda until after the Water Quality Workshop. 9. Citizens' comments on agenda items not scheduled for public hearing and items other than those appearing on the agenda. Ms. Bernie Greichen, 51 South Seas Court, congratulated Councilor Roman for being appointed to the governing board of the South Florida Water Management District (SFWMD) by Florida Governor Ron DeSantis. She then expressed her support for Marco Island Police Chief Al Schettino saying he is a wonderful person, good chief, addressed her problems quickly, supports the community, attends all public functions and is good for the community. She believes Council should keep him. Mr. Charles Callahan, 274 Sand Hill Street, gave a shout out of appreciation to both the Fire Department and the Police Department and believes they do not get the average citizen's appreciation nearly enough. He expressed to Council that his experience with the Police Department was excellent with respect to the officers who were both professional and courteous which he believes is a direct reflection of leadership. Mr. Phil Kostelnik,121 Channel Court, congratulated Police Chief Al Schettino on his upcoming retirement after his long career in law enforcement. He noted the Chief has made a positive difference and Marco Island is the third safest community in Florida. He thanked the Chief for promoting bicycle safety and making it a priority. Ms. Raejean Flatt, 350 South Collier Boulevard, expressed her displeasure with the noise coming from Kanes Tiki Bar. She noted she has spoken to the Manager at the Marriott but there is still loud music and is asking Council for some relief. Chair Brechnitz directed Ms. Flatt to speak to the City Manager regarding her issue. Ms. Maria Lamb, 1565 Ludlow Road, Chair of the Beach and Coastal Resources Advisory Committee, requested a budget item for Gopher Tortoises surveying and mapping to identify and map their habitat areas of concern. She commented in May 2018, their committee voted unanimously to fund the cost of a Gopher Tortoise survey and draft proposal was submitted to Community Affairs Director Dan Smith. She noted is has been fifteen (15) years since the last survey on Marco Island. Ms. Teddy Callahan, 274 Sand Hill Street, also thanked the Police and Fire Department and commended both departments for their fast response. She posed a question to Interim City Manager David Harden if Police Chief Al Schettino was actually retiring or is he being asked to leave. She urged Council to pay attention to the citizens who have given them their opinion of the Police Chief's service. She commented she is very happy with the Police Chief and wants her question answered. Chair Brechnitz responded this is a personnel matter and does not believe Interim City Manager David Harden can now respond to her question. City of Marco Island Florida Page 4 City Council Meeting Minutes - Final March 4, 2019 Ms. Margaret Merklinghaus, 1140 San Marco Road, thanked the Fire Department for responding to her emergency and noted she also has heard the Police Chief was asked to retire. She questioned how to resolve this matter since it is her opinion he is an excellent Chief of Police. Her second topic is asking what the status is of the City buying the NCH property for a park and how to get that on the agenda. Chair Brechnitz explained the agenda process. Mr. Mario Curiale, 820 Eubanks Court, remarked he was at a Council meeting a year ago expressing concerns about about lighting and sidewalks from Rose Marina to the center of town. He believes it is a safety concern for pedestrians. He is requesting an all way traffic stop at Bald Eagle Drive and North Barfield Drive like they did at Winterberry Drive and South Barfield Drive. He expressed his disappointment with the process in the building department regarding the length of time to obtain a permit. 10. Quasi-Judicial Public Hearing - None 11. Ordinances A. Public Hearings 1. ID 19-087 Ordinance - Second Reading and Public Hearing Amending Sec 50-37 of the City Code to Provide for an Exception to Swale Parking Restriction Enforcement in Residential Districts from November 15 through January 15 This item was removed from the Agenda. 2. ID 19-091 Ordinance - Second Reading and Public Hearing to Allow Parking in Swales and Alleys in Commercial Zoning Districts Between 7:00 a.m. and Midnight This item was removed from the Agenda. B. First Readings 1. ID 19-089 Ordinance - First Reading - Amending Section 30-1002 of the Land Development Code (LDC)- Accessory Buildings and Structures (Editorial History: This is a staff-initiated change, revising Section 30-1002 of the LDC regarding size limitations for “accessory structures.” This change addresses accessory structure/building size requirements.) City Clerk Laura Litzan read into the record by title only, an Ordinance on first reading, amending Section 30-1002 of the Land Development Code (LDC) - accessory buildings and structures. Community Affairs Director Dan Smith explained the amendments and answered Council's questions and concerns. Public Comment: Mr. Mario Curiale, 820 Eubanks Court, noted he has been a builder for over forty (40) years and has seen a lot of changes taken place. He said a permanent structure should not be called a shed. The setbacks determine what can and cannot be done. City of Marco Island Florida Page 5 City Council Meeting Minutes - Final March 4, 2019 MOTION by Councilor Honig, seconded by Councilor Grifoni, to approve an Ordinance on First Reading, Amending Section 30-1002 of the Land Development Code (LDC)- Accessory Buildings and Structures, Option two (2) only. 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 19-090 Ordinance - First Reading - Amending Section 30-85 of the Land Development Code (LDC) - Dimensional Standards and Regulations, and Section 30-10 of the Land Development Code - Definitions (Editorial History: This is a staff-initiated change, clarifying single-family home setbacks for “shoulder lots” and adding a diagram to the definitions section. This amendment is needed to clarify setback requirements for the review of shoulder lots (defined as - lot, shoulder). City Clerk Laura Litzan read into the record by title only, an Ordinance on first reading, amending Section 30-85 of the Land Development Code (LDC) - dimensional standards and regulations, and Section 30-10 of the LDC - definitions. Community Affairs Director Dan Smith explained the amendments and answered Council's questions and concerns. Public Comment: None MOTION by Vice-Chair Rios, seconded by Councilor Grifoni, to approve an Ordinance on First Reading - Amending Section 30-85 of the Land Development Code (LDC) - Dimensional Standards and Regulations, and Section 30-10 of the LDC - Definitions. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Reed, Councilor Honig, Chair Brechnitz, Councilor Young, Councilor Roman, Councilor Grifoni and Vice-Chair Rios 12. Resolutions for Adoption - None 13. Council Reports - None 14. Council Communications & Future Agenda ID 18-715 Future Agenda Items Council Communications: Councilor Grifoni spoke about Item 8 (City Council Discussion Items) that are coming before Ordinances and Resolutions and suggested moving them to later in the meeting under Council reports so Council gets to the public business at a reasonable time, same thing for items that are removed from the Consent Agenda. He recommended the Beach and Coastal Resources Advisory Committee explore using their budgeted funds for the Gopher Tortoise surveys and forward to Council their recommendation with an amount attached. Councilor Reed thanked the City Manager and Chair regarding an item that failed to follow the process and asked for clarification on proposed position papers on the future agenda for the water quality workshop and what the time limits are for discussion during the workshop. City of Marco Island Florida Page 6 City Council Meeting Minutes - Final March 4, 2019 Vice-Chair Rios noted that there are items not listed for the workshop that were included in his position paper and suggested Council reconsider adding those items. He wants to be assured those other items will not go by the wayside. He commented he has been in contact with Collier County Coastal Zone Manager Gary McAlpin in reference to the regrading project and there will be additional 960 cubic yards of sand delivered to address water problems caused by the regrading project in front of South Seas Northwest Condominium. Councilor Young asked Council for consensus to direct City Attorney Alan Gabriel to investigate if the NCH property is available for purchase and the majority of Council concurred (5-2 Councilor Honig and Chair Brechnitz opposed). Councilor Roman spoke on two (2) items; (1) she deeply regrets she will be stepping down from the Metropolitan Planning Organization (MPO) and has prepared a packet with materials for the upcoming meeting and left with City Clerk Laura Litzan for her replacement; and (2) Councilor Honig's changes to the February 4, 2019 Minutes that were not voted upon and made outside the sunshine and it was determined to place those minutes with Councilor Honig's amendments incorporated in them on the upcoming agenda for approval. Interim City Manager David Harden suggested a time certain for public hearings. Chair Brechnitz disclosed that he attend the Donna Fiala town meeting and the Jolley Bridge was discussed by Florida Department of Transportation (FDOT). He said there is a contractor, the lights and arms have been ordered and the construction should begin sometime in early April. He volunteered to sit on the MPO if no other Councilor wanted to replace Councilor Roman. Future Agenda: Councilor Grifoni requested a proclamation for Teachers of Distinction be placed on a future agenda and staff advised it is on the agenda for April 1, 2019. Vice-Chair Rios will submit a position paper regarding smoking on the beach scheduled for March 18, 2019 agenda. Councilor Roman suggested placing the Rules of Procedures on a future agenda for discussion and updating. 15. City Manager's Report Interim City Manager David Harden provided his report and answered Council's questions and concerns. 16. City Attorney's Report - None 17. Departmental Reports ID 18-717 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 City of Marco Island Florida Page 7 City Council Meeting Minutes - Final March 4, 2019 18. Citizens' Comments Ms. Marge Merklinghaus, 1140 San Marco Road, commented she lost a tree in the hurricane and asked if it was possible to plant a replacement tree. Public Works Director responded yes, it is possible, and said to contact his office. 19. Adjournment There being no further business to come before City Council, the meeting adjourned at 7:39 P.M. ___________________________ Erik Brechnitz, Council Chairman ATTEST: _________________________________________ Laura Litzan, City Clerk PREPARED BY: ________________________________________ Lisa Smith, Recording Specialist City of Marco Island Florida Page 8