City of Marco Island - April 7, 2008 Regular Meeting

City of Marco Island Florida

City Council Minutes

Chairman: William D. Trotter

City Council: Ted Forcht, Jerry Gibson, Chuck Kiester,

Robert J. Popoff, Frank R. Recker, Wayne Waldack

Regular Meeting – April 7, 2008 – 5:30 p.m.

Chairman Trotter called the meeting to order and presided.

All Councilors present.

Dana Souza, Interim City Manager

Alan Gabriel, City Attorney

Bill Harrison, Finance Director

Rony Joel, Public Works Director

Roger Reinke, Police Chief

Michael Murphy, Fire Chief

Steve Olmsted, Community Development Director

Lisa Douglass, Public Information Coordinator

Laura Litzan, City Clerk

Other interested citizens and visitors

INVOCATION AND PLEDGE OF ALLEGIANCE

Reverend Jim Lake, Wesley United Methodist Church, provided the invocation and led the pledge of allegiance.

APPROVAL OF AGENDA

MOTION by Councilor Forcht to approve agenda. Second by Councilor Kiester. MOTION CARRIED UNANIMOUSLY 7-0.

APPROVAL OF CONSENT AGENDA

(A) Council Minutes for March 17, 2008 (Regular Meeting)

(B) Council Minutes for March 24, 2008 (Special-Called Meeting)

(D) Interim City Manager Employment Agreement

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

(A) Annual Audit Report

(Editorial History: The auditing firm of CPA Associates has been retained by the City Council to perform the annual audit of the financial records of the City as required by Florida law for the Fiscal year ended September 30, 2007.)

Representing CPA Associates, Ms. Tommye E. Barie presented the results of the audit and responded to Council’s questions.

(B) Employee Longevity Awards

On behalf of City Council, Chairman Trotter presented longevity awards to the following employees:

Mark Nave, Lead Utility Technician 5 years

Mike Pena, Police Lieutenant 5 years

Barbara Lawrence, Executive Assistant 10 years

Laura Litzan, City Clerk 10 years

Dee Phillips, Payroll Supervisor 10 years

Mark Scarpa, Water Plant Operator 10 years

On behalf of City Council, Chairman Trotter presented the “Employee of the Month” award for April 2008 to Leslie Sanford.

(D) Proclamation – Water Conservation Month

On behalf of City Council, Chairman Trotter presented the Proclamation for Water Conservation Month to the South Florida Water Management District.

(E) Lift Station Construction Staging

(Editorial History: On June 7, 2007, Council approved the use of the South Plant as an equipment storage staging area for the construction of 9 lift stations. Construction of the last lift station was completed on April 1, 2008 and the equipment staging area at the South Plant will no longer be needed. The contractor will be completing the removal of his equipment and site restoration by May 1, 2008. On April 15, 2008, the City is scheduled to receive bids for the construction of the balance of the lift stations (19) required to complete the STRP program.)

Public Works Director Rony Joel gave an update on the lift station construction staging.

Mr. Sal Sciarrino, 911 Montego Court, commented on other sites that could be used.

MOTION by Councilor Waldack to use Site B for lift station construction staging restricting truck traffic to the hours between 7:00 a.m. to 10:00 p.m. Second by Chairman Trotter. MOTION WITHDRAWN FOLLOWING COUNCIL DISCUSSION.

Council directed staff to investigate other alternatives for Council’s consideration.

CITY COUNCIL COMMUNICATION AND DISCUSSION (15-minute limit)

(A) PUBLIC HEARING – RESOLUTION – Petition SNC-07-01, Nancy Ehlen, property owner at 10 Acorn Court, Marco Island, Florida 34145, is requesting a street name change from Acorn Court to Paradise Court in accordance with Section 42-2 of the City of Marco Island Code of Ordinances

(Editorial History: On February 4, 2008, staff received a signed petition from the owner of undeveloped placeLot 1 in support of the street name change. This signed petition provided the necessary signatures, (75% of property owners abutting the street) to move forward with the petitioners request for a street name change from Acorn Court to the proposed street name Paradise Court, and is compliant with Section 42-2(c)(3) On March 7, 2008, the Planning Board approved petition 6-0.)

Interim City Manager Dana Souza read, by title only, the Resolution related to Petition SNC-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 Popoff to approve Petition SNC-07-01 and establish dual signage for one year. Second by Councilor Gibson. MOTION FAILED 4-3. Councilor Waldack, Councilor Kiester, Vice-Chair Recker and Chairman Trotter were opposed.

Recess: 7:30 p.m. to 7:45 p.m. It is noted for the record that the same Councilors were present when the meeting reconvened.

(B) PUBLIC HEARING – RESOLUTION – Petition CU-08-02, Marco Island Public Works Department, is requesting a Conditional Use Permit to allow for expansion of an essential service within an “RSF-4” Residential Single Family Zoning District pursuant to Paragraph (2) of Section 30-1008 of the City’s Land Development Code, “Essential Services” as necessary to provide for temporary staff offices and indoor and outdoor storage of equipment and parts within and adjacent to an existing facility on property located at 415 Lilly Court, Marco Island, Florida. The subject property is further described as Tract “G”, Marco Beach Unit 25, Section 21, Township 52 South, Range 26 East, City of Marco Island, Florida.

(Editorial History: The Planning Board heard this item on February 22, 2008 and voted 5 to 1 to deny the request.)

Interim City Manager Dana Souza read, by title only, the Resolution relating to Petition Number CU-08-02.

All Councilors made their exparte disclosures; all witnesses were sworn in by the City Clerk.

Community Development Director Steve Olmsted and Public Works Director Rony Joel reviewed the petition and responded to Council’s questions.

Mr. Mike Sullivan, 453 South Heathwood Drive, expressed concern about the proposed activities.

Mr. Ben Powell, 299 Heathwood Drive, complained about excessive vibration from trucks.

MOTION by Councilor Forcht to extend the meeting past 9:30 p.m. Second by Councilor Gibson. MOTION CARRIED 6-1. Councilor Kiester opposed.

MOTION by Councilor Waldack to approve Petition CU-08-02. Second by Vice-Chair Recker. MOTION CARRIED UNANIMOUSLY 7-0.

(E) DISCUSSION – Executive Search for City Manager.

(Editorial History: On December 3, 2007, City Council selected the Mercer Group, Inc., to provide executive search services At the March 17, 2008 City Council meeting, Dr. Tom Freijo, Senior Vice President of the Mercer Group, Inc., presented information on the 15 best qualified candidates. Council selected 11 candidates as semi-finalists. Since the March 17, 2008 meeting, Dr. Freijo has conducted reference and background checks on the semi-finalists. At the April 7, 2008 meeting, Dr. Freijo will provide Council with additional information on semi-finalists and will ask City Council to select the finalists who will be interviewed by City Council on April 14 and 15, 2008.)

Dr. Tom Freijo, Senior Vice President of the Mercer Group, Inc., updated Council with detailed information on the semi-finalists. Following discussion, Council determined the following six (6) finalists would be invited to interview for the position of City Manager:

MOTION by Vice-Chair Recker to suspend search for candidates for six months. Second by Councilor Kiester. MOTION FAILED 5-2. Councilor Forcht, Councilor Gibson, Councilor Popoff, Councilor Waldack, and Chairman Trotter opposed.

MOTION by Councilor Popoff to interview the six (6) candidates recommended as scheduled. Second by Councilor Waldack. MOTION CARRIED 5-2. Councilor Gibson and Vice-Chair Recker opposed.

Recess: 9:20 p.m. to 9:30p.m. It is noted for the record that the same Councilors were present when the meeting reconvened.

(Editorial History: At the December 3, 2007 meeting, some Councilors expressed concern regarding the declining real estate market. Appraisals from Carroll and Carroll, Inc. and Integra Realty Resources were obtained. The market value estimates submitted by the appraisers are $985,000 and $1,020,000.)

Mr. Ken Honecker, 632 Dorando Court, questioned whether this should be deferred to the budget hearing or following a long-term plan.

MOTION by Vice-Chair Recker to authorize staff to meet with the owner and negotiate price, terms and conditions and report to Council for further direction. Second by Councilor Kiester. MOTION CARRIED 6-1. Councilor Forcht opposed.

(D) DISCUSSION – Approval of Fiscal Year 2009 Budget Calendar

(Editorial History: Staff is recommending an all-day budget workshop on May 19, 2008 to review those budgets not funded by property taxes: building services, recreation enterprise fund, electric enterprise fund, and the water/sewer utility fund. The second budget meeting is proposed for June 16, 2008. Council will be requested to provide direction on tax revenue and related impacts on operating budgets and capital projects. Based on Council direction, a balanced budget will be prepared and presented to City Council on August 4, 2008. If needed, a continuation of the budget workshop will be held on August 5, 2008.)

MOTION by Councilor Kiester to approve the proposed budget calendar. Second by Councilor Waldack. MOTION CARRIED UNANIMOUSLY 7-0.

(E) RESOLUTION – Award of Contract – Construction of North Water Treatment Plant High Service Pump

This item was deferred to the next meeting.

(F) DISCUSSION – Award of Contract for High Service Pump Station Construction Oversight

This item was deferred to the next meeting.

Ms. Phyllis Beck, 1064 Whiteheart Court, complained about seawall construction staging area across the canal.

Mr. Ken Honecker, 632 Dorando Court, questioned whether the permits for the dredging of Collier Bay are still valid. He also commented that Marco Island is more like a town or village and that “city” may not apply.

COUNCIL / CITY MANAGER COMMUNICATIONS AND FUTURE AGENDA

Interim City Manager Dana Souza advised Council that staff is investigating the $38 permit fee for sewer connection and will be reporting to Council on the matter.

Councilor Kiester and Council Waldack volunteered to serve on the Fire Service Steering Committee. Council agreed to appoint Councilor Waldack.

Councilor Forcht requested discussion on the next agenda to consider making Marco Island dog friendly.

Councilor Popoff requested a status report on the anchoring case.

Councilor Popoff requested discussion concerning underground lighting. Council and staff will discuss at the May 19, 2008 Budget Hearing.

Councilor Kiester gave a status update concerning the Rental Housing Committee.

Chairman Trotter requested a future agenda item on the South Collier Lighting Project.

Chairman Trotter will be proposing additional changes to Council’s procedures at a future meeting.

There being no further business to come before City Council, the meeting adjourned at 10:29 p.m.

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William D. Trotter, Chairman

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Laura Litzan, City Clerk

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Debbie McCabe, Secretary