City of Marco Island - November 5, 2007 Regular Meeting

City of Marco Island Florida

City Council Minutes

Chairman: Michael F. Minozzi Jr.

City Council: Terri DiSciullo, Ted Forcht, Chuck Kiester,

Robert J. Popoff, William D. Trotter, E. Glenn Tucker

Regular Meeting – November 5, 2007 – 5:30 p.m.

Chairman Minozzi called the meeting to order and presided.

All Councilors present.

A. William Moss, City Manager

Alan Gabriel, City Attorney

Rony Joel, Public Works Director

Steve Olmsted, Community Development Director

Dana Souza, Parks and Recreation Director

Roger Reinke, Police Chief

Lisa Douglass, Public Information Coordinator

Laura Litzan, City Clerk

Other interested citizens and visitors

INVOCATION AND PLEDGE OF ALLEGIANCE

Councilor Glenn Tucker provided the invocation and led the pledge of allegiance.

Chairman Minozzi terminated the earlier “closed” attorney-client meeting held at 4:30 p.m. (ongoing litigation - Case No. 07-81-MOA-RC.) and commented that the City will continue its efforts to defend the anchoring ordinance through the appeal process.

APPROVAL OF AGENDA

MOTION by Vice-Chair Trotter to approve agenda, amended to defer Item 6(J) to a future meeting. Second by Councilor Popoff. MOTION CARRIED UNANIMOUSLY 7-0.

APPROVAL OF CONSENT AGENDA

(A) Council Minutes for October 15, 2007 (Regular Meeting)

(B) City Council 2008 Meeting Schedule

(D) Acceptance of Art Donation – “Journeys End”

(E) Authorization to Accept South Florida Water Management District Grants

(F) Request to Use Mackle Park for “Relay for Life”

(G) Appointment to Beautification Advisory Committee

MOTION by Councilor Tucker to approve and adopt the consent agenda. Second by Councilor Forcht. MOTION CARRIED UNANIMOUSLY 7-0.

(A) Employee of the Month, November 2007

On behalf of City Council, Chairman Minozzi presented the “Employee of the Month” award for November 2007 to Fidencio Mireles.

(B) DISCUSSION - Interim City Manager Selection.

(Editorial History: On October 29, 2007 City Council met to discuss a City Manager transition plan due to City Manager A. William Moss’ acceptance of employment with the City of Naples. City Council agreed to appoint an individual from outside the organization to serve as the Interim City Manager and asked that a recommended individual meet with City Council to discuss credentials and interest in serving as the Interim City Manager.)

Mr. Tony Shoemaker expressed his willingness to accept appointment to the Interim City Manager position and responded to Council’s questions.

MOTION by Councilor Tucker to hire Mr. Tony Shoemaker as Interim City Manager and direct Chairman Minozzi to negotiate a temporary employment agreement. Second by Councilor DiSciullo. MOTION CARRIED 6-1. Councilor Kiester opposed.

(Editorial History: American Water Works Association has notified City staff that they have been selected to receive two of the six awards available at their annual meeting in Orlando on November 14, 2007.)

Public Works Director Rony Joel advised that the awards are for two of our current programs:

Entry Category - Demand Management (Retrofit)

Project Name – Septic Tank Replacement Program (STRP)

Entry Category – Water Supply Management

Project Name – Aquifer Storage and Recovery (ASR) technology

The following staff members are recognized for their outstanding contributions to making these programs a success:

Jim Miller, Project Manager

Mike Daniel, Construction Manager

Jeff Poteet, Utility Operations Manager

Jake Hepokoski, Wastewater Treatment Plant Manager

Eric Dial, Maintenance Manager

Bruce Weinstein, Project Manager

Jeff Poteet, Utility Operations Manager

Jack Green, ASR operations

Lisa Douglass, Public Information Coordinator, assisted in the development of the award application.

(A) PUBLIC HEARINGS – RESOLUTIONS

(Editorial History: On October 1, 2007, City Council approved preliminary assessment resolutions for the Kendall and Mackle Park Assessment Areas and directed staff to formalize these assessment districts for construction in 2009.)

1. Final Assessment Resolution – Kendall Assessment Area

2. Final Assessment Resolution – Mackle Park Assessment Area

3. Bond Resolution – Kendall Assessment Area

4. Bond Resolution – Mackle Park Assessment Area

5. Resolution Authorizing Application for State Revolving Loan Funds

Final Assessment Resolution – Kendall Assessment Area

City Manager Bill Moss read, by title only, the Final Assessment Resolution to Establish the Kendall Sewer Assessment Area.

Ms. Beverly Trotter, 823 Caribbean Court, spoke in favor of the Septic Tank Replacement Program.

MOTION by Vice-Chair Trotter to approve the Final Assessment Resolution to Establish the Kendall Sewer Assessment Area. Second by Councilor Popoff. MOTION CARRIED 5-2. Councilor Kiester and Councilor Forcht opposed.

Final Assessment Resolution – Mackle Park Assessment Area

City Manager Bill Moss read, by title only, the Final Assessment Resolution to Establish the Mackle Park Sewer Assessment Area.

Mr. Charles Murray, 1620 Begonia Court, questioned what the contract obligations are following Council’s decision.

Mr. Joe Rauch, 801 South Collier Boulevard, suggested that Council should delay taking action.

Ms. Linda McCune, 1596 Shores Court, suggested City Council decrease the size of the sewer districts.

Mr. Ken Allen, 1265 Fruitland Avenue, spoke in opposition to the Septic Tank Replacement Program.

Dr. Andrew Guidry, 19 Bald Eagle Drive, commented that it would be prudent to stop dewatering until the effects of the modifications are ascertained.

MOTION by Vice-Chair Trotter to approve the Final Assessment Resolution to Establish the Mackle Park Sewer Assessment Area. Second by Councilor Popoff. MOTION CARRIED 5-2. Councilor Kiester and Councilor Forcht opposed.

Bond Resolution – Kendall Assessment Area

City Manager Bill Moss read, by title only, the Bond Resolution for the Kendall Assessment Area.

Ms. Beverly Trotter, 824 Caribbean Court, spoke in favor of the Septic Tank Replacement Program.

Mr. John Owshanik, 766 Plantation Court, requested clarification on the bond resolution.

MOTION by Vice-Chair Trotter to approve the Bond Resolution for the Kendall Assessment Area. Second by Councilor Tucker. MOTION CARRIED 5-2. Councilor Forcht and Councilor Kiester opposed.

Bond Resolution – Mackle Park Assessment Area

City Manager Bill Moss read, by title only, the Bond Resolution for the Mackle Park Assessment Area.

Mr. George Stamatis, 1891 Honduras Avenue, commented on the machine that is cleaning the H2S located in his area and questioned whether it was working.

Ms. Mary Helen Master, 316 Colonial Avenue, spoke in opposition to the Septic Tank Replacement Program.

Mr. Butch Neylon, 764 Hernando Court, feels the bond resolutions are flawed.

MOTION by Vice-Chair Trotter to approve the Bond Resolution for the Mackle Park Assessment Area. Second by Councilor Popoff. MOTION CARRIED 5-2. Councilor Forcht and Councilor Kiester opposed.

Resolution Authorizing Application for State Revolving Loan Funds

City Manager Bill Moss read, by title only, the Resolution Authorizing Application for State Revolving Loan Funds.

MOTION by Councilor Tucker to approve the Resolution Authorizing Application for State Revolving Loan Funds. Second by Vice-Chair Trotter. MOTION CARRIED 5-2. Councilor Forcht and Councilor Kiester opposed.

(B) PUBLIC HEARINGS – RESOLUTIONS

(Editorial History: On April 23, 2007, City Council approved final assessment and bond resolutions for the Lamplighter and Sheffield Assessment Areas for construction to begin in April 2008.)

1. Superseding Bond Resolution – Lamplighter Assessment Area

2. Superseding Bond Resolution - Sheffield Assessment Area

City Manager Bill Moss read, by titles only, the Resolutions to Approve the Superseding Bonds for the Lamplighter and Sheffield Assessment Areas.

Ms. Linda McCune, 1596 Shores Court, believes the savings should go back to the districts.

Mr. Ken Allen, 1265 Fruitland Avenue, commented that proceeding with the Septic Tank Replacement Program is fiscally irresponsible.

Mr. Ken Honecker, 632 Dorando Court, asked for clarification on the financing of the Septic Tank Replacement Program.

MOTION by Councilor Forcht to approve the Superseding Bond Resolution for the Lamplighter Assessment Area. Second by Councilor Popoff. MOTION CARRIED UNANIMOUSLY 7-0.

MOTION by Councilor Popoff to approve the Superseding Bond Resolution for the Sheffield Assessment Area. Second by Councilor DiSciullo. MOTION CARRIED UNANIMOUSLY 7-0.

Recess: 7:05 p.m. to 7:25 p.m. It is noted for the record that the same Councilors were present when the meeting reconvened.

(K) RESOLUTION – Florida Forever Successor Program.

(Editorial History: The Florida Forever Successor Program through the Florida Department of Environmental Protection, Water Management Districts, Division of Forestry, and many Florida local governments, produces benefits that include air and water, healthy fisheries and wildlife habitat, improved water supply protection and protected open spaces.)

City Manager Bill Moss read, by title only, the Resolution for the Florida Forever Successor Program.

MOTION by Councilor DiSciullo to approve the Resolution supporting additional funding for the Florida Forever Successor Program. Second by Councilor Kiester. MOTION CARRIED 6-1. Councilor Tucker opposed.

(C) PUBLIC HEARING – Petition V-07-07, Craig R. Woodward P.A. of Woodward, Pires & Lombardo, as agent for Edward and Christine Staubhaar, property owners, requesting a 2.5 foot variance from the southern riparian line setback of 7.5 feet to 5 feet, and a one foot variance from the northern riparian line setback of 7.5 feet to 6.5 feet, for property located at 850 Magnolia Court, further described as Marco Beach Unit 11, Block 352, Lot 19, Marco Island.

(Editorial History: The Planning Board conducted a public hearing on October 5, 2007, and voted 6-0 to recommend approval of the variance requests, subject to reducing the petitioner’s original variance request along the southern riparian line setback.)

City Manager Bill Moss read, by title only, the Resolution to Approve Petition V-07-07. Each Councilor made their ex-parte disclosures; all witnesses were sworn in by the City Clerk.

On behalf of the petitioner, Attorney Jennifer Tenney with the Law Firm of Woodward, Pires and Lombardo presented details of the petition and responded to Council’s questions. There was no public comment.

MOTION by Councilor Forcht to approve Petition V-07-07. Second by Councilor Tucker. MOTION CARRIED UNANIMOUSLY 7-0.

(D) DISCUSSION – Award of Contract for Engineering Design for Kendall and Mackle Park Sewer Assessment Areas.

(Editorial History: On February 7, 2005, City Council approved the selection of Boyle Engineering to provide design services related to the Islandwide sewer construction program. Staff has negotiated a scope of services to complete the design for each of the sewer assessment districts and recommends Boyle Engineering be awarded a not-to-exceed contract for design services for Kendall and Mackle Park Sewer Areas.)

Mr. Joe Rauch, 801 South Collier Boulevard, commented on the costs incurred for the Septic Tank Replacement Program.

Mr. Ken Honecker, 632 Dorando Court, questioned whether the contract should be awarded now.

Mr. Bill McMullan, 1250 North Collier Boulevard, requested this Council table the contract until after the election.

Mr. Butch Neylon, 764 Hernando Drive, feels the Septic Tank Replacement Program was accelerated to ensure the program does not stop.

MOTION by Councilor Kiester to table this item until February. Second by Councilor Forcht. MOTION FAILED 5-2. Councilor Tucker, Vice-Chair Trotter, Councilor Popoff, Councilor DiSciullo and Chairman Minozzi opposed.

MOTION by Councilor Tucker to authorize the City Manager to enter into contracts with Boyle Engineering for design services for the Kendall and Mackle Park Assessment Areas for a total cost of $878,345. Second by Vice-Chair Trotter. MOTION CARRIED 5-2. Councilor Forcht and Councilor Kiester opposed.

(E) DISCUSSION – City Manager Executive Search.

(Editorial History: On October 29, 2007 City Council reviewed proposed transition options for the current City Manager and proposed recruitment schedules. City Council tentatively agreed to retain the services of an executive search firm that specializes in recruitment for local government management positions and agreed to consider proposals from two firms with recent experience in Florida and with offices in Florida.)

Mr. John Owshanik, 766 Plantation Court, commented on saving costs by contacting Naples candidates previously reviewed.

Mr. Butch Neylon, 764 Hernando Court, suggested that the Council candidates interview the search firm.

Mr. Joe Batte, 240 Marquesas Court, asked why members of the current staff were not considered and opposed the use of an executive search firm.

Following discussion, Council agreed to ask representatives from each firm to attend the December 3, 2007 City Council meeting.

(F) DISCUSSION – Award of Contract for Construction of Maintenance Crane.

(Editorial History: The wastewater treatment plant requires the installation of a free-standing 5 ton bridge crane for servicing of the existing Membrane Bio-Reactor (MBR). The crane will be used to remove the membrane cassettes for inspection and repair. Plans and specifications were prepared by the design engineer and bids were solicited on August 26, 2007. Bids were received on October 17, 2007.)

Mr. Ken Honecker, 632 Dorando Court, questioned where the funds were coming from for this project.

MOTION by Vice-Chair Trotter to award contract to Norstar Construction for the supply and construction of a maintenance crane for a fixed price of $555,555 and authorize the City Manager to enter into the contract. Second by Councilor DiSciullo. MOTION CARRIED UNANIMOUSLY 7-0.

(G) DISCUSSION – Appointments to Single Family Rentals Ad Hoc Committee.

(Editorial History: On October 15, 2007, City Council provided staff direction regarding committee representation and directed the City Clerk to advertise for citizen representatives to be nominated and appointed by City Council.)

Mr. Keith Dameron, 1549 Buccaneer Court, suggested that the committee should be more balanced.

Ms. Karen Salvi, 810 Newell Terrace, commented on the abuse of the rentals and asked that Council not favor realtors, restaurants or transients.

Ms. Jan Sawitoski, 1101 Cara Court, spoke in opposition to a rental policy.

Following discussion, Council agreed to continue this item to the next meeting to solicit additional interest from citizens willing to volunteer to serve on the committee.

MOTION by Councilor Tucker to add Marco Island Restaurant Association Representative to the Ad Hoc Committee. Second by Councilor Kiester. MOTION CARRIED UNANIMOUSLY 7-0.

(H) DISCUSSION – City Attorney Report on Construction Contracts.

(Editorial History: City Council previously requested a legal opinion regarding responsibility of costs associated with the hydrogen sulfide monitoring and treatment program. The City Attorney will distribute a memorandum to City Council prior to the meeting.)

Attorney Alan Gabriel provided his legal opinion regarding the responsibility of costs associated with the hydrogen sulfide monitoring and treatment program.

Mr. Butch Neylon, 764 Hernando Court, commented on the enforceability of the contracts.

Mr. Charles Murray, 1620 Begonia Court, commented on the hazards of H2S.

(I) DISCUSSION – Amendment to Land Development Code for Landscaping.

(Editorial History: In 2006, the Beautification Advisory Committee, with City Council approval, established a goal to review and recommend revisions to the Landscaping (Article IV) and Vegetation Removal and Protection (Article X1V) sections. The intent of the review is to clarify and simplify the language of the code allowing residents to more easily interpret landscaping requirements and to emphasize the use of drought tolerant plants.)

Following discussion, Council directed staff to proceed with the development of the ordinance for Council’s consideration.

(J) DISCUSSION – Project Greenscape – Landscape Contractor Registration / Certification.

(Editorial History: On October 1, 2007 City Council considered and discussed the possibility of implementation of a landscape contractor certification and registration program that would require registration of landscaping professionals with the City of Marco Island.)

This item was deferred at the beginning of the meeting.

Mr. Robert Glaub, 46 Gulfport Court, addressed his questions regarding the Jolley Bridge to Chairman Minozzi as the City’s representative on the MPO Board.

Mr. Ken Allen, 1265 Fruitland Avenue, commented that Council is not listening to the people.

Mr. George Schruffer, 970 Valley Avenue, commented on the use of land for construction staging and how it is a problem for the neighborhood.

Mr. Ken Hoenecker, 632 Dorando Court, commented on Collier Boulevard lights in the area of Publix and suggested turning off some street lights after midnight.

Mr. Caferino Santiago, 378 Bald Eagle Drive, commented on the lower birth weight of children published in the SunTimes newspaper.

Mr. Godfrey Davies, 406 Driftwood Court, commented on the City Attorney’s opinion.

Mr. Russ Colombo, 755 Plantation Court, thanked Councilor DiSciullo for the time served on Council.

Mr. Sal Sciarrino, 911 Montego Court, thanked Councilor DiSciullo and commented on the progress of the City Council.

Mr. Butch Neylon, 764 Hernando Court, thanked Councilor DiSciullo for her efforts.

Ms. Linda McCune, 1596 Shores Court, asked about the settling of the asphalt in the first two sewer districts.

COUNCIL COMMUNICATIONS AND DISCUSSION

Councilor DiSciullo questioned the Collier Boulevard construction project timeline.

Councilor Forcht commented on the research he did on birth weights of babies.

Councilor Kiester asked about the removal of iguanas.

Chairman Minozzi commented on the discussion regarding the Draft of the Toll Feasibility Study for the Jolley Bridge.

Council agreed to discuss the iguanas on the Island.

There being no further business to come before City Council, the meeting adjourned at 9:55 p.m.

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Michael F. Minozzi, Jr., Chairman

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Laura Litzan, City Clerk

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Debbie McCabe, Secretary