City Council Minutes
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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 June 7, :30 p.m. Chairman Recker called the meeting to order and presided. ROLL CALL All Councilors present. (Councilor Trotter arrived at 5:37 p.m.) Also Present: James C. Riviere, Ph.D., Interim City Manager Alan Gabriel, City Attorney Bob Creighton, Purchasing & Contracts Manager Rony Joel, Public Works Director Tim Pinter, Senior Project Manager Jeff Poteet, Operations Manager Chris Byrne, Deputy Fire Chief Thom Carr, Police Chief Bryan Milk, Parks and Recreation Director Eric Wardle, Chief Code Enforcement Official Laura Litzan, City Clerk Debbie McCabe, Administrative Assistant Other interested citizens and visitors INVOCATION AND PLEDGE OF ALLEGIANCE Reverend Thomas C. McCulley, New Life Community Church of God, provided the invocation and led the pledge of allegiance. APPROVAL OF AGENDA MOTION by Vice-Chair Gibson to approve the agenda, amended to remove Item 4(A) Code Enforcement Mitigation Authority and add a status update on the Gulf of Mexico oil spill before Community Forum. Second Page 1 of 7
2 by Councilor Magel. MOTION CARRIED UNANIMOUSLY 6-0. (Editorial Note: Councilor Trotter arrived at the meeting following Approval of Agenda.) Following Approval of Agenda, Chairman Recker called for a Special meeting on June 8, 2010 at 6:00 p.m. to discuss a Settlement Agreement with the EPA and receive a report on oil spill mitigation. STATUS UPDATE ON GULF OF MEXICO OIL SPILL Interim City Manager Jim Riviere reported the current status of the Gulf of Mexico oil spill and described how future volunteer clean up of the beaches will be handled. Environmental Specialist Nancy Richie presented an overview of the federal response contingency plan and responded to Council s questions. Ms. Richie also provided contact information and materials to the public to report oil and oil related impacts. Dr. Riviere informed Council that oil spill updates will be provided to Council at future meetings. Public Comment Mr. Russ Colombo, 755 Plantation Court, suggested researching more on the micro organism program. Mr. Roger Hall, 1260 Osprey Court, questioned if boom material has been set aside for the City. Mr. Ed D Alessandro, 320 Hazelcrest Street, commented on the different philosophies to mitigate our beaches. Mr. Bob Olson, 900 Montego Court, felt the city needs to take a proactive approach to this matter. Mr. Victor Rios, 970 Cape Marco Drive, suggested that the City start looking at funding sources to protect our beaches from the oil spill. Ms. Claudia Klug-Kowel, 595 Hernando Drive, advised she had heard of using hay at the mean high water line to prevent any tar balls from coming to shore. Ms. Karen Glaub, 46 Gulfport Court, suggested the City do whatever it takes to protect it first and later pursue BP legally if necessary. Page 2 of 7
3 COMMUNITY FORUM Mr. Ken Honecker, 632 Dorando Court, inquired about the status of the County matching funds in support of the museum. Ms. Cheryl Lee, 241 North Barfield Drive, expressed concern about flooding on Collier Boulevard and also urged Council not to increase water rates. PRESENTATIONS (A) Employee of the Month On behalf of City Council, Chairman Recker and Parks and Recreation Director Bryan Milk presented Ms. Lola Dial, Parks Attendant, with the award for Employee of the Month for June Proclamations for Outgoing Board and Committee Members On behalf of City Council, Chairman Recker and City Clerk Laura Litzan presented the following citizens with proclamations commending their service to the community and their valuable contributions to our volunteer boards and advisory committees: Liliana Arceri Parks & Recreation Advisory Committee Ray Beaufort Audit Advisory Committee Jim Carroll Waterways Advisory Committee Don Henderson Waterways Advisory Committee Claudia Klug-Kowel Arts Advisory Committee Keith Dameron Arts Advisory Committee Monte Lazarus Planning Board Linda McCune Beautification Advisory Committee Vince Magee Planning Board Victor Rios Beach Advisory Committee Ted Ryznar Waterways Advisory Committee Sal Sciarrino Code Enforcement Board Richard Shanahan Waterways Advisory Committee APPROVAL OF CONSENT AGENDA (A) (C) Council Minutes for May 17, 2010 (Work Session Meeting) Council Minutes for May 17, 2010 (Regular Meeting) LAP Agreement & Resolution Bald Eagle Shared Use Pathway Page 3 of 7
4 (D) (E) LAP Agreement & Resolution South Collier Boulevard Sidewalk Resolution - Approval of Collier County Local Mitigation Strategy City Clerk Laura Litzan read, by titles only, the Resolution related to the Bald Eagle Shared Pathway LAP Agreement; the Resolution related to the South Collier Boulevard Sidewalk; and the Resolution related to the Collier County Local Mitigation Strategy. MOTION by Vice-Chair Gibson to approve the consent agenda. Second by Councilor Waldack. MOTION CARRIED UNANIMOUSLY 7-0. SUMMARY AGENDA All matters listed under this item are Ordinances and Resolutions that have a recommendation of approval from staff; unanimous recommendation for approval by the Marco Island Planning Board of all members present and voting, or other authorizing agency; no written or oral objections to the item received by staff or the Planning Board prior to the commencement of the Council meeting on which the items are scheduled to be heard; and no individuals are registered to speak in opposition. For those items that are quasi-judicial in nature, all participants must be sworn in. If discussion is desired by a member of Council, that item(s) will be removed from the Summary Agenda and considered separately. (A) ORDINANCE Second Reading & Public Hearing Amendment to Sign Ordinance. (Editorial History: City Council adopted the ordinance on first reading at the May 17, 2010 Council meeting.) City Clerk Laura Litzan read, by title only, the Ordinance amending the Sign Ordinance. There were no written or oral objections to this matter. ORDINANCE Second Reading & Public Hearing Concurrency Management. (Editorial History: City Council adopted the ordinance on first reading at the May 17, 2010 Council meeting.) City Clerk Laura Litzan read, by title only, the Ordinance relating to Concurrency Management, identified as Article X in Chapter 30 of the Land Development Code. There were no written or oral objections to this matter. MOTION by Councilor Trotter to approve on second reading the Ordinance removing the expiration of open house sign changes made by Ordinance 07-12; and to approve the Ordinance on second reading relating to Concurrency Management, Article X in Chapter 30 of the Land Page 4 of 7
5 Development Code. Second by Councilor Waldack. MOTION CARRIED UNANIMOUSLY 7-0. BUSINESS (A) ORDINANCE First Reading Code Enforcement Mitigation Authority. (Editorial History: On May 11, 2010, The Code Enforcement Board voted 5-0 to recommend the proposed ordinance. On March 1, 2010, City Council considered an ordinance that would have granted the Board the authority to mitigate fines in advance of compliance under conditions determined by the Board. Board members requested an opportunity for further refinement to the ordinance prior to reconsideration by City Council.) This item was removed from the agenda pending further review of the proposed ordinance. DISCUSSION Award of Contract Utility Water Testing Services. (Editorial History: The Utility DEP operating permits for the water and wastewater treatment plants require hourly, daily, weekly, and monthly testing of various parameters by a DEP certified laboratory to document compliance with regulatory standards. The Utility is unable to undertake some of these analytical tests in-house. Requests for bids were sent to 18 regional laboratories and the requisite public notice was placed. The bid summary listed the expected tests and the quantities of those tests. Four bids were received: South East Analytical Laboratories, $146,561; Pace Analytical, $165,873; Benchmark Enviro Analytical, $150,723; and Florida Spectrum Environmental, $212,286.) Public Comment None. MOTION by Councilor Waldack to award South East Analytical Laboratories a contract to provide water testing services for a three year term with an option to renew for an additional three years and authorize the City Manager to execute the agreement in the amount of $146,561. Second by Councilor Kiester. MOTION CARRIED UNANIMOUSLY 7-0. (C) DISCUSSION Authority to Apply for a Federal Grant for Smokehouse Bay Bridge. (Editorial History: On April 27, 2010, the Federal Department of Transportation (DOT) announced that there will be a National Infrastructure Investment Grant Program funded by FY10 Transportation, Housing and Urban Deployment Appropriations, also known as Tiger 2. Tiger 2 is for highway and bridge Page 5 of 7
6 construction projects of value between $10 million and $25 million. Our current project would not meet the $10 million construction minimum. The grant provides 80% of the project cost. On October 19, 2009, City Council selected a design concept for the replacement of the existing two Smokehouse Bay Bridges and authorized the engineer to proceed with the preliminary design and permitting. The current design, construction, and construction oversight is estimated to cost $9.75 million. This includes a 25% construction contingency.) Public Comment Ms. Cheryl Lee, 241 North Barfield Drive, raised concern about flooding on Collier Boulevard near the bridge. Mr. Ken Honecker, 632 Dorando Court, suggested switching to a different bridge design concept or engineering firm if it would be a better opportunity for the City to get the 80% grant money. MOTION by Councilor Trotter to authorize the City Manager to proceed with the Tiger 2 grant application and execute a change order with TY Lin for the additional design fee not to exceed $252,327 and grant application support for $15,000. Second by Vice-Chair Gibson. MOTION CARRIED UNANIMOUSLY 7-0. COUNCIL COMMUNICATIONS AND FUTURE AGENDA Councilor Magel requested a status update on Tract K. Interim City Manager Dr. Riviere reported he is continuing dialogue with the Collier County School Superintendent Dennis Thompson and further discussion on Tract K will be added to a future agenda. Councilor Waldack addressed the issue with the bald eagle residing on the Tract K property. Councilor Batte expressed that the Tract K property should be utilized for the purpose of a school as it was originally intended. Councilor Kiester stated that the Ad-Hoc Community Redevelopment Advisory (CRA) Committee met last week and was well attended. The committee members were assigned to fact-find a portion of the CRA and make recommendations at the next meeting. Councilor Kiester announced the next CRA meeting will be on June 23, Chairman Recker asked about lighting in the Old Marco area (Bald Eagle Drive). Public Works Director Rony Joel responded that he would bring this matter forward to Council for consideration at the next meeting. Page 6 of 7
7 Councilor Trotter advised that the Metropolitan Planning Organization suggested the City send a letter to the Tourist Development Council requesting funding for the S.S. Jolley Bridge fishing pier. CITY MANAGER COMMUNICATIONS Interim City Manager Dr. James Riviere provided a recap of the meeting. He advised that flyers with the contact information and progress reports concerning the oil spill will be available on the City s website. He announced there will be a Special-called meeting on June 8, 2010 at 6:00 p.m. to discuss two matters. The first is the Settlement Agreement with the Environmental Protection Agency, and the second will be to discuss oil spill mitigation and review related maps. Dr. Riviere also confirmed that staff would determine the status on matching funds from Collier County to support the museum. ADJOURN There being no further business to come before City Council, the meeting adjourned at 7:45 p.m. Frank R. Recker, Council Chairman Date: ATTEST: Laura Litzan, City Clerk Date: PREPARED BY: Debbie McCabe, Secretary Date: Page 7 of 7
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