City Council Minutes

Transcription

1 Florida City Council Minutes Chairman: Robert J. Popoff City Council: Ted Forcht, Jerry Gibson, Chuck Kiester, Frank R. Recker, William D. Trotter, Wayne Waldack Regular Meeting October 19, :30 p.m. Chairman Popoff called the meeting to order and presided. ROLL CALL All Councilors present. Also Present: Steven T. Thompson, City Manager Alan Gabriel, City Attorney Patricia Bliss, Finance Director Rony Joel, Public Works Director Thom Carr, Police Chief Michael Murphy, Fire Chief Steve Olmsted, Community Development Director Bryan Milk, Parks and Recreation Director Lisa Douglass, Information Systems Manager Laura Litzan, City Clerk Debbie McCabe, Administrative Assistant Other interested citizens and visitors INVOCATION Ms. Syd Mellinger, Chairwoman of the Marco Island Beautification Committee, provided the invocation. PLEDGE OF ALLEGIANCE Mr. Sal Sciarrino led the pledge of allegiance. Page 1 of 8

2 APPROVAL OF AGENDA MOTION by Councilor Waldack to approve the agenda. Councilor Gibson. MOTION CARRIED UNANIMOUSLY 7-0. Second by COMMUNITY FORUM Ms. Linda McCune, 1596 Shores Court, spoke on behalf of resident Dr. Mario Sanchez. Ms. McCune advised Dr. Sanchez is requesting Council to abate any and all fees the City is seeking for those converting to cisterns, or he suggests the pay for the said tax as utility credits if the County does not waive part of their fee. Marco Island Veterans of Foreign Wars Post Commander, Mr. David Gardner, 817 Giralda Court, requested Council provide funding in the amount of $35,000 to approve the design drawing for Veterans Memorial Park. Mr. Dick Shoen, 1815 Woodbine Court, expressed concern in the inequity of the water and sewer rates between condominiums and single-family homes. He also objected to condominium and single-family homeowners both paying for the fire engine ladder truck. Mr. Clayton Lietz, 171 Perkins Drive, requested Council support funding for a mausoleum and add it for discussion on the agenda to study the issue. Following, the consensus of Council was not to consider this matter for discussion. Mr. Amadeo Petricca, 331 Regatta Street, expressed concern for the surcharge on water and sewer bills and suggested the staff conduct a financial accounting of the money disbursed, the purpose of the disbursement, and how long the payment terms will be. Mr. Sal Sciarrino, 911 Montego Court, feels any complaints should go to the City first before they are brought to Council. Councilor Trotter reiterated the direction Council provided to the City Manager concerning the Budget Review / Reductions discussed in the Council workshop preceding this meeting today. APPROVAL OF CONSENT AGENDA (A) Council Minutes for October 5, 2009 (Regular Meeting) Page 2 of 8

3 Councilor Waldack requested a correction on page 5 of the minutes to change the name Amanda to Amber. MOTION by Councilor Forcht to approve and adopt the consent agenda, amended to correct the October 5, 2009 minutes. Second by Councilor Waldack. MOTION CARRIED UNANIMOUSLY 7-0. BUSINESS (A) ORDINANCE Second Reading & Public Hearing Tree Ordinance (Editorial History: The City Council approved first reading of Tree Ordinance at their October 5, 2009 regular meeting.) City Manager Steve Thompson read, by title only, the ordinance to adopt on second reading to amend the Land Development Code to revise the definitions relating to trees and vegetations. None. MOTION by Councilor Waldack to adopt on second reading the ordinance amending the Land Development Code to establish a Tree Ordinance. Second by Councilor Gibson. MOTION CARRIED 5-2. Vice-Chair Recker and Councilor Forcht opposed. (B) ORDINANCE First Reading Charter Amendment Ordinance. (Editorial History: The City Council discussed this item at their September 21, 2009 work session meeting and directed the City Attorney to modify the draft ordinance of charter revisions recommended by the Charter Review Committee.) Vice-Chair Recker expressed his extreme dissatisfaction with the City Attorney s amendment to the language in Section 3.04 from what had been recommended by the Charter Review Committee and accepted by the City Council at a previous workshop. MOTION by Councilor Forcht to table this matter. Second by Councilor Gibson. MOTION CARRIED 5-2. Vice-Chair Recker and Chairman Popoff opposed. Recess: 6:51 p.m. to 7:05 p.m. It is noted for the record that the same Councilors were present when the meeting reconvened. Page 3 of 8

4 MOTION by Councilor Waldack to reconsider tabling this matter for discussion as soon as possible. Second by Councilor Gibson. MOTION CARRIED UNANIMOUSLY 7-0. City Attorney Alan Gabriel read, by title only, the proposed Charter Amendment Ordinance. Chairman of the Charter Review Committee, Dr. Jim Riviere, commented about the timeline for the upcoming elections and responded to Council s questions. He explained to Council the committee would review the ordinance and concentrate on the specific issues addressed by Council. Mr. Larry Magel, 2000 Royal Marco Way, felt the Charter Review Committee should have had the opportunity to meet and review the attorney s revisions of the Charter ordinance before it came before Council. President of the Marco Island Tax Association, Dr. Fay Biles, 1588 Heights Court, believes the wording is confusing in the proposed ordinance pertaining to the referendum ballot question (f) referencing operating expenditures limitations. Mr. Ken Honecker, 632 Dorando Court, does not understand the rush in moving forward for a January election and suggested Council hold a December workshop to discuss the Charter amendments. Mr. Amadeo Petricca, 331 Regatta Street, agreed with Councilor Trotter to clarify ballot question (f) regarding the operating expenditures limitations. He questioned what the basis was for including it in the Charter and did not think the amount for Fiscal Year 2008 was clear. MOTION by Councilor Waldack to adopt on first reading the ordinance as proposed, amended with the language provided by the Charter Review Committee as read by Vice-Chair Recker and direct the Charter Review Committee to review the ordinance for further clarification and bring back recommendations to Council for consideration at the next meeting. Second by Vice-Chair Recker. MOTION CARRIED 6-1. Councilor Gibson opposed. (C) DISCUSSION Disposition of Electric Franchise Fees. (Editorial History: At the August 17, 2009 City Council meeting, Council requested that options be provided to Council on how to utilize the available balance of the 3.5% LCEC electric franchise fee. City Council has scheduled reconsideration of the issue for October 19. The balance of funds available is Page 4 of 8

5 estimated at $1,100,000, and although the final value will not be known for another 60 days, Council approval of the process will allow this issue to be resolved.) President of Marco Island Tax Association, Dr. Fay Biles, 1588 Heights Court, believes lighting at Mackle Park is a misappropriation of funds and felt the remaining money should be refunded to the people. Member of the Parks and Recreation Committee Ms. Val Simon, 191 Clyburn Street, read a letter on behalf of the Veterans Community Park Chairman, Monte Lazarus, asking for Council to support and dedicate $500,000 of reserves to be designated for the Veterans Community Park underground project. Mr. Amadeo Petricca, 331 Regatta Street, expressed concern on the allocation of funds proposed and misappropriating funds. He felt the City should refund the citizens the remaining money from the electric franchise fee. Mr. Steven Stefanides, 1103 South Collier Boulevard, believes the entire community would benefit from undergrounding Veterans Community Park and lighting for the playing fields at Mackle Park. Mr. Ken Honecker, 632 Dorando Court, supports giving the money back to the people if not directing the money for the purpose of undergrounding Collier Boulevard and suggests the remaining money be put into a Utility Contingency Fund and not a General Contingency Fund. President of the Marco Island Optimist Club, Mr. Tom Garousi, 1911 Kirk Terrace, supports installing lighting on the playing fields at Mackle Park because a portion of the money used was for an easement fee. MOTION by Councilor Trotter to direct the City Manager to use the accumulated $1.655 million from the underground fund in combination with the LCEC easement payment to transfer $400,000 from the underground fund toward undergrounding of the three phase power along Elkcam Circle and transfer $150,000 from the LCEC payment to install lighting on the playing fields at Mackle Park and remaining money into the Capital Improvement Projects Contingency Fund. Second by Vice-Chair Recker. MOTION CARRIED 5-2. Councilor Forcht and Councilor Gibson opposed. MOTION by Councilor Kiester to amend the motion and transfer the remaining funds to go into a Utility Contingency Fund instead of a Capital Improvement Projects Contingency Fund. FOLLOWING A BRIEF DISCUSSION, COUNCILOR KIESTER WITHDREW HIS MOTION. Page 5 of 8

6 (D) DISCUSSION Selection of Smokehouse Bay Bridge Design Engineer. (Editorial History: On September 21, 2009 City Council received presentations from staff and the five firms that had been chosen to propose their concepts for the replacement of the two Smokehouse Bay bridges in 2013/2014.) Mr. David Abercrombie, 635 North Barfield Drive, expressed concern about the clearance of the bridge and supports the T.Y. Lin option. He encouraged the City to add length for site distance and raise the bridge as high as possible. MOTION by Councilor Trotter to authorize the City Manager to negotiate and enter into a contract with T.Y. Lin for engineering services for the Smokehouse Bay Bridge. Second by Councilor Waldack. MOTION CARRIED 5-2. Councilor Kiester and Vice-Chair Recker opposed. (E) DISCUSSION Award of Contract for Sodium Hypochlorite. (Editorial History: This item was deferred at the September 21, 2009 regular Council meeting.) None. MOTION by Councilor Kiester to authorize the City Manager to execute a contract with Odyssey Manufacturing Company to supply bulk Sodium Hypochlorite at a delivered price of $0.81 per gallon. Second by Councilor Gibson. MOTION CARRIED UNANIMOUSLY 7-0. (F) DISCUSSION Award of Contract for Wastewater Sludge Removal. (Editorial History: A request for bid was issued and the submitted bids were opened on September 30, The three bids were received from AgriSludge, Sweetwater Environmental and Synagro.) None. MOTION by Councilor Gibson to award Synagro South, LLC, a contract for the dewatering and disposal of sludge for a three-year term with an option to renew for an additional three years and authorize the City Manager to Page 6 of 8

7 execute the agreement. Second by Councilor Kiester. MOTION CARRIED UNANIMOUSLY 7-0. COUNCIL COMMUNICATIONS AND FUTURE AGENDA Vice-Chair Recker requested the consensus of Council to direct the City Manager to make a proposal to the Collier County Board of Education to purchase the Tract K property for $2.5 million payable over 10 years, for $250,000 a year with no interest. Following discussion, there was no consensus among Council to move forward with this request. Vice-Chair Recker requested Council consider one executive session a month for legal updates of pending lawsuits. City Attorney Alan Gabriel responded he would send each Councilor a summary status on any pending litigation matters. Councilor Kiester requested Council discussion concerning the process and fees for septic to cistern conversions. The consensus of Council was to add this request for discussion to a future agenda. Councilor Kiester inquired about the process the City uses in handling and maintaining foreclosure properties. Councilor Kiester asked if staff could explain the Marco Island communication service tax relating to franchise fees on cell phones. City Manager Steve Thompson informed Council it is a levy by the state. Councilor Trotter requested the consensus of Council to add discussion to a future agenda concerning collection of outstanding code enforcement fines and fees and an amnesty program. Vice-Chair Recker complimented City Attorney Alan Gabriel on his letter to the State of Florida Attorney General regarding a legal opinion on the constitutionality of the spending cap. CITY MANAGER COMMUNICATIONS None. Page 7 of 8

8 ADJOURN There being no further business to come before City Council, the meeting adjourned at 8:51 p.m. Frank R. Recker, Council Vice-Chair Date: ATTEST: Laura Litzan, City Clerk Date: PREPARED BY: Debbie McCabe, Secretary Date: Page 8 of 8