City of Marco Island - February 19, 2008 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 – February 19, 2008 – 5:30 p.m.

Chairman Minozzi called the meeting to order and presided.

All Councilors present.

Anthony L. Shoemaker, Interim City Manager

Alan Gabriel, City Attorney

Bill Harrison, Finance Director

Rony Joel, Public Works Director

Roger Reinke, Police Chief

Michael Murphy, Fire Chief

Dana Souza, Parks and Recreation Director

Lisa Douglass, Public Information Coordinator

Laura Litzan, City Clerk

Other interested citizens and visitors

INVOCATION AND PLEDGE OF ALLEGIANCE

Reverend Tim Neptune, First Baptist Church, provided the invocation and led the pledge of allegiance.

APPROVAL OF AGENDA

MOTION by Councilor Forcht to approve agenda, amended to table Item 4(B) and move 6(C) ahead of 6(B). Second by Councilor Kiester. MOTION CARRIED UNANIMOUSLY 7-0.

APPROVAL OF CONSENT AGENDA

(A) Council Minutes for February 4, 2008 (Regular Meeting)

~~(B) Award of Contract – South Collier Street Lights~~

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

(Editorial History: At the February 4, 2008 City Council meeting, Chairman Minozzi requested that staff evaluate providing lights on Bald Eagle Drive between Collier Boulevard and Palm Street. At the same meeting, Councilman Keister requested that the Barfield Drive road section between San Marco Road and Collier Boulevard also be evaluated.)

Public Works Director Rony Joel reviewed the lighting on Bald Eagle and Barfield Drive and advised Council that street lighting should be considered at the upcoming Capital Improvement Project Workshop.

(B) Construction Staging Area Update

(Editorial History: On May 21, 2007, staff provided Council a status of the various projects and sites available for use by City Staff and contractors for the various projects being undertaken by the Public Works and Utilities Departments.)

Public Works Director Rony Joel presented an update on areas used for construction projects.

(A) RESOLUTION – Award of Contract – Water Storage Tank and Modified Ludzak Ettinger (MLE) Resue Tank.

(Editorial History: This project was advertised on December 19, 2007 and bids were opened February 5, 2008. The City received bids from The Crom Corporation and Precon Corporation.)

Interim City Manager Tony Shoemaker read, by title only, the proposed Resolution to Award Contract for the Water Storage and MLE Tanks.

MOTION by Councilor Popoff to approve the Resolution to Award Contract to the Crom Corporation to construct the 4 million gallon finished water storage tank and MLE process water tank at a cost of $2,124,000, and authorize the City Manager to execute the contracts. Second by Vice-Chair Trotter. MOTION CARRIED UNANIMOUSLY 7-0.

(C) PUBLIC HEARING – RESOLUTION – Petition Number BD-07-08, Joseph Cunningham of Turrell & Associates, Inc., as agent for the South Seas Club of Club of Marco Island, Inc., representing the South Seas North and South Condominium Associations, is requesting four boat dock extensions of 15 feet, 20.2 feet, 30.2 feet and 20.2 feet, in order to renovate and reduce the number of existing slips from 166 to 140, install a new seawall and boardwalk along the entire South Seas waterfront, and provide a new multi-slip boat docking facility, for property located at 595 Seaview Court, City of Marco Island.

(Editorial History: On January 4, 2008, the Planning Board recommended by a vote of 3 to 2 to approve the petitioner’s request for 15-foot, 20.2-foot, and 30.2 foot boat dock extensions be approved subject to some proposed conditions.)

Interim City Manager Tony Shoemaker read, by title only, the Resolution relating to Petition Number BD-07-08.

All Councilors made their exparte disclosures; Councilor DiSciullo advised that she had a conflict of interest and she will abstain from voting. All witnesses were sworn in by the City Clerk.

Community Development Director Steve Olmsted presented the staff report and outlined the 12 conditions subject to the approval of the petition as follows:

1. All docks, or mooring pilings, whichever produces the greatest protrusion into the water, regardless of length, shall have reflectors and unit numbers four (4) inches in size (minimum) installed at the outermost end on both sides.

2. Any outside lighting on the boat docking facility must comply with Chapter 6, Article V, Marco Island Code of Ordinances, which regulates the requirements of outdoor lighting.

3. The site plans and property included in the design plans attached to this resolution, also referred to as Exhibits “A” - “E” shall be binding upon the property upon approval of the resolution. Any deviation from the approved site plans shall require further consideration by the Planning Board after a properly noticed public hearing.

4. Prior to the issuance of a building permit for the approved boat dock facility, the property owner shall provide the Building Official of Marco Island with a copy of the recorded resolution for approval.

5. Compliance with all applicable State and Federal regulations, including but not limited to permitting, subject to legal sign-off.

6. All boat lifts provided for boat slips shall be low profile in design, and consistent in model, style, and height.

7. The Fire Department requires fire fighting equipment along the waterfront consisting of a dry standpipe system that is charged from the fire hydrants and fire extinguishers installed every 150 feet.

8. Pedestrian level lighting shall be provided along the entire length of the proposed boardwalk.

9. The slips shall only be leased to residents and/or tenants of South Seas unit owners, and shall not be leased to commercial vessels or commercial vessels for hire, including but not limited to charter boat captains, tow boat captains, and the like.

10. Only one vessel shall be permitted per slip, and tandem parking shall not be permitted.

11. Development shall be subject to all conditions and regulations provided from the Florida Fish and Wildlife Conservation Commission dated March 13, 2007.

12. Development shall be subject to all conditions and regulations provided by the Department of the Army (Corps of Engineers) stamped July 20, 2007.

Representing the petitioners, Mr. Frank Bonafacino, Chairman of the South Seas Board of Directors, Attorney Craig Woodward of the firm Woodward, Pires and Lombardo, Mr. Rocky Scofield of Turrell & Associates and Property Manager Mr. Rick Ancona responded to Council’s questions.

Mr. Robert Meyer, 380 Seaview Court #1706, questioned the details of the project.

Mr. Eric Ulmer, 382 Century Drive, was concerned about deviating from the ordinance restricting the size of boat docks.

The following individuals spoke in opposition of the proposed petition:

Ms. Ann Tiernan, 270 North Collier Boulevard #306, representing 32 owners of Sussex on the Bay

Mr. Michael Kurko, 411 Spinnaker Drive

Mr. Howard Olnowich, 376 Century Drive

Ms. Larraine Olnowich, 376 Century Drive

Mr. Patrick White, with Porter, Wright, Morris, & Arthur Law Firm spoke in opposition of the petition on behalf of the homeowners of 362 Century Drive.

The following individuals spoke in favor of the proposed petition:

Mr. Ed Damstra, 260 Seaview Court

Mr. Jim Schebil, 103A South Seas East

Mr. Les Bonaguro, 621 Seaview Court

Mr. David Forker, 651 Seaview Court, President of South Seas East

Dr. Gordon Guyer, 549 Seaview Court, President of South Seas North

Mr. Dick Loeber, owner at South Seas East

Mr. Ken (last name unknown), owner at South Seas

Mr. Roger O’Hara, owner at South Seas

Mr. Ken (last name unknown), South Seas Building A

Ms. Beth Rees, South Seas Building A

Mr. David Devlin, 591 Seaview Court, South Seas North

MOTION by Councilor Forcht recommending that the petition go back to the Planning Board for further consideration. Second by Councilor Tucker. MOTION WAS WITHDRAWN FOLLOWING COUNCIL DISCUSSION.

MOTION by Councilor Tucker to Approve the Resolution relating to Petition Number BD-07-08 with conditions 1-12 outlined, amended to include the stipulation that the maximum length of boats will be identified and that jet skis will not be allowed. Second by Councilor Popoff. MOTION FAILED 3-3. Vice-Chair Trotter, Councilor Kiester and Councilor Forcht were opposed. Councilor DiSciullo abstained from voting.

Recess: 7:47 p.m. to 8:05 p.m. It is noted for the record that the same Councilors were present when the meeting reconvened.

MOTION by Councilor Tucker to Approve the Resolution relating to Petition Number BD-07-08 with conditions 1-12 outlined, amended to include the stipulation that the maximum length of boats will be identified, that jet skis will not be allowed, and that low profile boatlifts will be allowed only in those boat docks in front of the tennis courts. Second by Councilor Popoff. MOTION CARRIED 4-2. Councilor Kiester and Vice-Chair Trotter opposed. Councilor DiSciullo abstained from voting.

(B) PUBLIC HEARING – ORDINANCE – SECOND READING – Petition PDA-07-01, Donald A. Pickworth, representing Cornerstone Real Estate Advisors, LLC, is requesting an amendment to Section One of the Marco Beach Resort Planned Unit Development and Master Plan (Ordinance 01-14) (a.k.a. Marriott Hotel) by amending Section 4.1B thereof to authorize emergency generators, stand-by water chillers, and related structures and equipment as accessory uses to be constructed and located in accordance with the development plan attached hereto, for property located at 400 South Collier Boulevard, in Sections 17 and 18, Township 52, South, Range 26 East, City of Marco Island.

(Editorial History: At the February 4, 2008 meeting, City Council voted 6 to 0 and approved the petition on first reading. The Planning Board heard this item on January 18, 2008 and voted unanimously 6 to 0 to approve the proposed changes to Section One of the Marco Beach Resort Planned Unit Development. Approval was conditioned upon the petitioner exercising the generators between the hours of 9:00 a.m. and 11:00 a.m., or between the hours of 2:00 p.m. and 4:00 p.m.)

Interim City Manager Tony Shoemaker read, by title only, the Ordinance relating to Petition Number PDA-07-01.

All Councilors made their exparte disclosures; all witnesses were sworn in by the City Clerk. There was no public comment.

MOTION by Councilor Tucker to Adopt on Second Reading the Ordinance on relating to Petition Number PDA-07-01. Second by Councilor Popoff. MOTION CARRIED UNANIMOUSLY 7-0.

Mr. Ken Honecker, 632 Dorando Court, reminded Council that the rental housing committee will meet next week.

Mr. Frank Recker, 1840 South Inlet Drive, requested that Council consider televising Council meetings via Comcast Cable.

COUNCIL COMMUNICATIONS

There being no further business to come before City Council, the meeting adjourned at 9:27 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