City Council Minutes

Transcription

1 Florida City Council Minutes Chairman: Frank R. Recker City Council: Joe Batte, Jerry Gibson, Chuck Kiester, Larry Magel, William D. Trotter, Wayne Waldack Regular Meeting October 18, :30 p.m. Vice-Chair Gibson called the meeting to order and presided. ROLL CALL All Councilors present, except Chairman Recker who was absent. Vice-Chair Gibson served as Acting Chairman in Chairman Recker s absence. Also Present: James C. Riviere, Ph.D., City Manager Laura Litzan, City Clerk Alan Gabriel, City Attorney Patricia Bliss, Finance Director Tim Pinter, Public Works Director Bruce Weinstein, Utilities Project Manager Jeff Poteet, Manager Utility Operations Jim Lang, Customer Service Manager Thom Carr, Police Chief Mike Murphy, Fire Chief Chris Byrne, Deputy Fire Chief Kris Van Lengen, City Planner Bruce Yakola, Seawall Inspector Sandra Schildhorn, Administrative Assistant Other interested citizens and visitors INVOCATION Assistant Pastor Dr. Roger Felipe, The Family Church, provided the invocation. Page 1 of 8

2 PLEDGE OF ALLEGIANCE Councilor Joe Batte led the Pledge of Allegiance. APPROVAL OF AGENDA MOTION by Vice-Chair Gibson to approve the agenda, amended to remove Item 3(A) from the Business Agenda, Ordinance - First Reading, Fertilizer Regulation Amendments to the Professional Lawn & Landscape Certification Ordinance, to be put on a future agenda, and to move Item 3(E) under the Business Agenda to Item 3(A). Request by Councilor Batte to remove for discussion Item 2(C) from the Consent Agenda, Terminate Contract/ Award Contract for Landscape Maintenance Services, and request by Councilor Kiester to remove for discussion Item 2(D) from the Consent Agenda, Resolution Initial Estate STRP. Second by Councilor Waldack. MOTION CARRIED UNANIMOUSLY 6-0. COMMUNITY FORUM (Items not on the agenda) Mr. Bob Brown, 473 Joy Circle, made a request for Mr. Amadeo Petricca, 331 Regatta Street, asking for a cost projection for the next twenty years of all of the City s pensions, beginning with fiscal year Ms. Amber Crooks, 1450 Merrihue Drive, Naples, Florida and representing the Conservancy of Southwest Florida, spoke in favor of passing the proposed ordinance amending the City s professional lawn and landscape maintenance requirements for the establishment of fertilizer regulations. APPROVAL OF CONSENT AGENDA (A) Council Minutes for October 4, 2010 (B) Renewal of Insurance for FY MOTION by Councilor Waldack to approve the Consent agenda as amended to remove Items (C) and (D) for discussion. Second by Councilor Magel. MOTION CARRIED UNANIMOUSLY 6-0. Page 2 of 8

3 (C) DISCUSSION Termination of Contract / Award for Landscape Maintenance Services (Editorial History: At the May 17, 2010 meeting, City Council awarded three firms contracts for landscape maintenance of medians, roadside trees, lot mowing, right-of-way mowing, bridges, and historic markers. Superior Landscaping of Ft. Myers and Miami was awarded: Part B which includes landscape maintenance in the medians and roadways along Collier Boulevard from Buttonwood Court to San Marco Road and along Seaview Court from Collier Boulevard to Bayside Court, and Part E which includes the medians and roadways along South Barfield Drive, Sandhill Drive, South Heathwood Drive and Balfour Drive. Unfortunately, Superior Landscaping has been unable to perform this service in an acceptable manner due to their lack of presence in our area. Following a meeting with the company owner and his supervisor, the City and Superior Landscaping jointly decided to immediately terminate their contract. The areas being serviced had deteriorated significantly under Superior s care and staff had to quickly hire another contractor to take over the maintenance and bring the areas back to acceptable condition. That contractor is Affordable Landscaping. They immediately hired additional staff and have done a great job restoring the landscaping. Affordable Landscaping was the 2 nd lowest bidder for both Part B and Part E.) Councilor Batte asked if consideration was given to rebidding the project to avoid the possibility of having to supplement City reserves, and questioned if City staff could do the project in-house. MOTION by Councilor Waldack to approve awarding landscape maintenance services for Part B for $100, and Part E for $74, to Affordable Landscaping and increase the landscaping budget by $23,800 from reserves as necessary. Second by Councilor Trotter. MOTION CARRIED UNANIMOUSLY 6-0. (D) DISCUSSION RESOLUTION Initial Estates STRP (Editorial History: City Council is asked to consider initial assessment resolutions for the Estates sewer assessment area. The Estate area is scheduled for Year 7 of the Septic Tank Replacement Program (STRP), with construction to begin April Approval of the implementing resolutions this fall will allow the project to continue on schedule, with approval of engineering concurrent with the final assessment resolution.) City Clerk Laura Litzan read, by title only, the resolution of the City of Marco Island, Florida, relating to the construction and funding of wastewater improvements. Dr. Fay Biles, 1588 Heights Court, and President of the Marco Island Tax Payers Association, asked about dirt being stored in the Estates area for two years and questioned if the cost for the sewer construction will remain the same throughout the area. Page 3 of 8

4 MOTION by Councilor Waldack to approve the initial assessment resolution for the Estates sewer assessment area. Second by Second by Councilor Trotter. MOTION CARRIED 5-1. Councilor Kiester opposed. BUSINESS (E) DISCUSSION Mausoleum at Marco Island Cemetery (Editorial History: Mr. Clayton Lietz has endeavored to obtain permission and funding for a mausoleum structure to be located at the Marco Island Cemetery. The zoning code would allow the use subject to state law, with certain restrictions. Chapter 497 FS requires a 30 acre cemetery site in order to build a mausoleum, with certain exceptions. One exception is a facility for the sole use of church parishioners and Mr. Lietz is not a member of the New Life Community Church of God. Another is for a cemetery continuously operated by a religious institution since This cemetery was deeded from Deltona Corp. in Yet another exception is for cemeteries owned by a municipal entity. Mr. Lietz met with state Senator Garrett Richter to determine whether a bill might be introduced at the next session to create a special exception for this site. As indicated in a letter from Senator Richter dated September 29, 2010, after consultation with Representative Ken Roberson, the carving of any new exceptions under Chapter 487 would be strongly resisted by the Legislature. One possibility suggested in the Senator s letter is the deeding of the Cemetery to the City followed by a leaseback to the church. This would appear on its face to fall within an existing exception in the statute. Mr. Lietz has contacted a number of local churches and provided letters of general support for his efforts.) City Planner Kris Van Lengen gave a status report to City Council and answered their questions. Ms. Betsy Perdichizzi, 1200 Butterfly Court, and a member of the Marco Island Historical Society spoke about designating certain sites on the Island as historical so that residents and children can learn about the history of the Island. Mr. Clayton Lietz, 1244 Samoa Avenue, stated that declaring Marco Island Cemetery as an historical site would help with his quest to erect a mausoleum at the Marco Island Cemetery. Reverend Thomas C. McCulley, New Life Community Church is in favor of making the Marco Island Cemetery an historical site. Following discussion, no action was taken on this item. Page 4 of 8

5 (D) DISCUSSION Restaurant Impact Fees (Editorial History: At its July 19, 2010 workshop, City Council considered information on impact fees, and in particular, fees that have been paid over the past 2 years by restaurants either opening at new locations or increasing seating. Collier County collects and governs the vast majority of impact fees on Marco Island. Commercial impact fees assessed and collected by Marco Island include utility impact fees (water and wastewater), police and fire. Water and Wastewater impact fees are higher for businesses than police and fire fees, and particularly so in the case of restaurant uses.) City Planner Kris Van Lengen, provided Council with background information regarding restaurant impact fees. Jim Lang Utility, Customer Service Manager, presented to Council a proposal for modification of the current rate structure of impact fees, with the recommendation that the proposal be reviewed by the Utility Advisory Board. It was the consensus of Council to direct staff to examine impact fees to identify what the ramifications would be of a moratorium for a period of time; present a more meaningful recommendation on impact fees to reduce them to a level that is consistent with a seasonal environment; and ask the Utility Advisory Board to review the entire range of impact fees to make them more equitable. Ms. Anne Feinman, co-owner of The Chef s Express, Marco Island, explained that her business opened as a deli carry-out, not a restaurant. They have outdoor seating in a mall setting, not requiring a seating license. She was notified in May 2010, via from City staff, that she was going to incur impact fees, but never received a bill. Upon applying for an electrical permit from the City, they were denied because of unpaid impact fees. To date they have never received a bill from the City for impact fee. Mr. Craig Woodward, attorney representing owners of The Chef s Express questioned why they are being charged impact fees when The Chef s Express doesn t use city sewer service and instead is part of the North Marco Utility, and urged the City to release the electrical permit. Mr. Rick Feinman, co-owner of The Chef s Express asked Council when they would receive their electrical permit. City Manager James C. Riviere reported he will respond to Mr. Feinman request by noon of the following day. Mr. Bill McMullan, 1250 North Collier Boulevard, spoke about the inequities of impact fees. Page 5 of 8

6 Mr. Vip Grover, President of the Chamber of Commerce, commented about the gross inequities of impact fees especially in the current economy. Recess: 7:00 p.m. to 7:15 p.m. It is noted for the record that the same Councilors were present when the meeting reconvened. (B) ORDINANCE First Reading User of Vacant Lots, Seawall Repair (Editorial History: The issues surrounding seawall repair will remain a topic vital to the citizens of Marco Island into the indefinite future. There are approximately 200 miles of seawall within the City and under current conditions, replacements will need to be made periodically, perhaps every 30 to 50 years. The Ordinance presented by recommendation of the Planning Board does not attempt to completely resolve all of the long term issues; rather, it is an attempt to improve the existing regulation of vacant lots in order to minimize disturbance to neighboring homeowners. City Clerk Laura Litzan read, by title only, the Ordinance amending the Code of Ordinances concerning regulations related to manufacture, staging, repair and removal of seawalls on vacant residential lots under construction temporary use permits. City Planner Chris Van Lengen presented provisions of the proposed ordinance to Council and answered Council s questions. Seawall Inspector Bruce Yakola, was available to answer Council s questions. Mr. Bob Brown, commented about a good job done by a seawall contractor near his home and feels that they can do multiple jobs. MOTION by Councilor Waldack to approve the Ordinance on first reading with Council s recommendations for amending the regulations governing the use of vacant lots for seawall repair. Second by Councilor Batte. MOTION CARRIED UNANIMOUSLY 6-0. (C) ORDINANCE First Reading User of Vacant Lots, Residential Building (Editorial History: Off-site use of vacant property can sometimes benefit builders and contractors in the City, enabling staging of materials and deliveries associated with unique construction sites. In the absence of such use, other undesirable impacts to neighborhoods, such as road and swale abuse can occur. Past practice by builders indicates the frequency of use as approximately 1 or 2 vacant lots every 4 months. The incidence is quite small compared to seawall staging, for example. The requirement of a temporary use Page 6 of 8

7 permit under this ordinance is not expected to increase this type of activity. The Planning Board considered this issue and recommended approval of an ordinance at its June 25, 2010 meeting. Thereafter, on July 19, 2010, City Council considered that ordinance and directed the Planning Board to reconsider its recommendation in light of the points raised by City Council members.) City Clerk Laura Litzan, read by title only the Ordinance amending the Code of Ordinances establishing regulations for the temporary use of vacant residential lots for construction staging. City Planner Kris Van Lengen briefed Council on the use of vacant lots for residential building and answered all of Council s questions. Mr. Bill McMullan, 1250 North Collier Boulevard, commented that vacant lot staging can be a nuisance to residents and requested City staff stay vigilant of the situation. MOTION by Councilor Waldack to approve with amendments the Ordinance on first reading approving the recommended changes to Section of the Land Development Code. Second by Councilor Magel. MOTION CARRIED UNANIMOUSLY 6-0. COUNCIL COMMUNICATIONS AND FUTURE AGENDA Councilor Trotter questioned if the Utility Board will meet before the next City Council meeting, in order to report their recommendations on impact fees. City Manager James C. Riviere stated this will be included on the Agenda for December 6, 2010, after the Utility Board has met. Vice-Chair Gibson had a question concerning Collier County EMS personnel working in conjunction with the Marco Island Fire Department. Councilor Magel added, that if we do have help from Collier County EMS personnel, where will the equipment come from? Fire Chief Mike Murphy reported that he has had preliminary discussions with Collier County and that they will provide personnel and a transport vehicle and what we have a reserve engine. Councilor Magel questioned future Council meeting dates. Vice-Chair Gibson requested a presentation at a future council meeting from City Clerk Laura Litzan, explaining the process involved in awarding insurance contracts for the. Page 7 of 8

8 STAFF COMMUNICATIONS City Attorney s Report City Attorney Alan Gabriel stated that he will be issuing the updated litigation report in the next few days and forwarding it to Councilors via e- mail. City Manager s Meeting Recap City Manager Jim Riviere provided a recap of the meeting. ADJOURN There being no further business to come before City Council, the meeting adjourned at 8:13 p.m. Jerry Gibson, Council Vice-Chair Date: ATTEST: Laura Litzan, City Clerk Date: PREPARED BY: Sandra Schildhorn, Secretary Date: Page 8 of 8