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City Council

Regular Meeting

Marco Island, FL · October 5, 2015

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Minutes

City of Marco Island Florida 51 Bald Eagle Drive Marco Island, Florida cityofmarcoisland.com Meeting Minutes - Final Monday, October 5, 2015 5:30 PM Community Meeting Room City Council Chairman: Larry Sacher City Council: Joe Batte, Bob Brown, Ken Honecker, Larry Honig, Amadeo R. Petricca, and Victor Rios City Manager: Roger Hernstadt City Clerk: Laura Litzan - City Attorney: Alan Gabriel City Council Meeting Minutes - Final October 5, 2015 1. Call to Order 2. Roll Call Present: 7- Councilor Batte, Vice-Chair Brown, Councilor Honecker, Councilor Honig, Councilor Petricca, Chairman Sacher and Councilor Rios Absent: 0 Also Present Roger T. Hernstadt, City Manager Laura Litzan, City Clerk Alan L. Gabriel, City Attorney Mike Murphy, Fire Chief Al Schettino, Police Chief Guillermo Polanco, Director of Finance Tami Scott, Zoning Administrator - Growth Management Tim Pinter, Director of Public Works Jeff Poteet, General Manager - Water & Sewer Michon Jackson, Customer Service Manager - Water & Sewer Lina Upham, Purchasing and Fiscal Analyst 3. Invocation - Led by Pastor Kevin Koenig of Marco Island Lutheran Church 4. Pledge of Allegiance - Led by Councilor Rios 5. Approval of agenda and consent agenda MOTION by Councilor Honig, seconded by Councilor Rios, to approve the Agenda and Consent Agenda. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Batte, Vice-Chair Brown, Councilor Honecker, Councilor Honig, Councilor Petricca, Chairman Sacher and Councilor Rios [Approval of Consent Agenda passes all routine items indicated by asterisk (*). Consent Agenda items are not considered separately unless a council member so requests. In the event of such a request, the item is returned to the Regular Agenda.] 6. City Council Items A. (*)Approval of Minutes (1) ID 15 -355 Approval of Council Minutes of September 11, 2015 (2) ID 15 -278 Approval of Council Minutes of September 21, 2015 This item was approved under the Agenda and Consent Agenda amended with corrections made by Councilor Honig. (3) ID 15 -342 Approval of Council Minutes of September 23, 2015 City of Marco Island Florida Page 1 City Council Meeting Minutes - Final October 5, 2015 B. Council Communications and Discussion (per 2f) - 15 minute limit Councilor Batte had no comment. Councilor Honecker had no comment. Councilor Honig asked if there are sufficient funds in the budget to upgrade the microphones in Council Chambers. He believes City Council should re examine the Veterans' Park Master Plan, have no government offices there, have a clear time table with the citizen's input, and have the funds placed in the budget to execute the project. Vice-Chair Brown had no comment. Councilor Petricca had no comment. Councilor Rios also agrees with Councilor Honig regarding Veterans' Park. Chairman Sacher reported he met with Commissioner Taylor regarding the ongoing debate concerning emergency medical services and urged Council to reach out to the County Commissioners so our Fire Department can improve our level of care. Secondly, he advised the Collier County Citizens Committee has no representatives from Marco Island. He has been nominated to represent Marco Island on that committee. 7. Citizens' comments on agenda items not scheduled for public hearing and items other than those appearing on the agenda. Mr. Martin Roddy, 1861 Watson Road, congratulated the Police Department for the increased patrol on the beach. Mr. Phil Kostelnik, 121 Channel Court, spoke about the crime against the Police Departments nationwide and thanked the Marco Island Police Department for their dedicated service. Ms. Charlette Roman, 348 Colonial Avenue, clarified that she also represents Marco Island on the Collier County Citizens Committee and welcomed Chairman Sacher as the second representative. 8. City Manager's Report A. Departmental Reports ID 15 -281 City Manager’s Report Police Department - Chief Al Schettino Director of Public Works - Tim Pinter General Manager - Water & Sewer - Jeff Poteet Fire Department - Chief Mike Murphy Director of Finance - Guillermo Polanco Chairman Sacher advised the community that Lee County Electric Cooperative (LCEC) will trim palm trees from power lines free of charge for Marco Island residents. City of Marco Island Florida Page 2 City Council Meeting Minutes - Final October 5, 2015 B. Community Announcements The City Clerk Laura Litzan announced community events occurring October 5, 2015 through October 19, 2015. 9. City Attorney's Report: None Chairman Sacher clarified the role of the City Attorney. The City Attorney works for City Council and does not answer emails from citizens. The public should contact a member of Council instead. Councilor Rios questioned the City Attorney on the status of the Riparian Rights regarding the Esplanade. 10. Quasi-Judicial Public Hearings: None 11. Ordinances (a) ID 15 -354 Ordinance - First Reading - Amending Ordinance No. 2003-19, the existing Utility Methodology and implementing a new Utility Rate Schedule attached as Exhibit “A”. (Editorial History: The majority of Council requested an analysis using a base of 170 EDUs to determine if $12.50 [$12.62] per water EDU, water $4.00 [$3.96] per 1,000 water gallons, $22.00 [$22.63] per wastewater EDU and $5.00 [$5.71] per 1,000 wastewater gallons based on the peak 90 day period would meet the revenue goal of $17,474,679 and $10,773,597 respectively or a total of $28,248,277. At the September 9th, 2015 meeting City Council directed staff with a motion passed on a 6 to 1 vote to prepare the Ordinance regarding the new utility rate schedule based on the Water and Sewer Analysis prepared by Raftelis.) The City Clerk Laura Litzan read, by title only, the ordinance amending Ordinance No. 2003-19, the existing Utility Methodology and implementing a new Utility Rate Schedule. Finance Director Guillermo Polanco gave a report and answered Council's questions and concerns. Before discussion, Chairman Sacher reminded everyone how the process works according to Roberts Rules and Procedures. Councilor Petricca suggested, and Council concurred by consensus to have the motion amended to include the 20% surcharge to residents outside the City limits of Marco Island. The motion was amended to include the surcharge. THE MEETING WENT INTO RECESS AT 6:54 P.M. IT IS NOTED FOR THE RECORD THE SAME COUNCILORS WERE PRESENT WHEN THE MEETING RECONVENED AT 7:05 P.M. City of Marco Island Florida Page 3 City Council Meeting Minutes - Final October 5, 2015 Public Comment: Those expressing concerns implementing a new Utility Rate Schedule as presented by Raftelis: Ms. A.K. Battaglia, 39 North Collier Boulevard Mr. Andrew Sorenso, General Manager for Marriott Crystal Shores, 600 South Collier Boulevard Mr. Skip Monroe, representing Calusa Island Village, Goodland Florida, 390 Angler Drive Mr. Rick Medwedeff, General Manager for Marriott Beach Resort Marco Island, 400 South Collier Boulevard Mr. Rich Lutz, 1585 Villa Court Mr. Harry Miller Jr., 730 Lime Terrace Mr. Mac Chaudhry, General Manager for Hilton Marco Island, 560 South Collier Boulevard Mr. Bill McMullen, Greenbriar Street Mr. Marvin Thor, 1661 Begonia Court Mr. Howard Reed, 1065 Bald Eagle Drive Mr. Craig Woodward, representing North Marco Utilities, 606 Bald Eagle Drive Mr. Ed Walsh, 1755 Piedmont Court The City Manager offered an explanation regarding the deduct meters and the cost to homeowners and different options available. MOTION by Councilor Honecker, seconded by Councilor Batte, to amend Ordinance No. 2003-19, the existing Utility Methodology and implementing a new Utility Rate Schedule also to include a 20% surcharge for residents outside the City limits. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 5- Councilor Batte, Vice-Chair Brown, Councilor Honecker, Councilor Petricca and Chairman Sacher No: 2- Councilor Honig and Councilor Rios (b) ID 15 -359 Ordinance - Second Reading - Repeal of Ordinance 15-01, Short-Term Rental Housing (Editorial History: For the September 9, 2015 City Council meeting, Councilor Honecker submitted a white paper supporting the position that Council consider repealing Ordinance 15-01 related to short-term rental housing. The majority of Council (6-1) voted in the affirmative to direct staff to prepare an ordinance to repeal Ordinance 15-01. On September 21, 2015, Council voted 4-3 to adopt the ordinance on first reading.) The City Clerk Laura Litzan read, by title only, second reading of the Repeal of Ordinance 15-01, short-term rental housing. Public Comment: Mr. Rudi Landwaard, 573 Hernando Drive, spoke in opposition of the rental housing ordinance and urged Council to let the citizens decide. Mr. Howard Reed, 1065 Bald Eagle Drive, questioned Council's motives to repeal the rental housing ordinance. He displayed two ordinances from Flagler Beach and Fort Lauderdale which he believes are proper ordinances that Council could mimic in the future if they so desired. City of Marco Island Florida Page 4 City Council Meeting Minutes - Final October 5, 2015 MOTION by Councilor Petricca, seconded by Councilor Honecker, to approve the Repeal of Ordinance 15-01, Short-Term Rental Housing. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 4- Vice-Chair Brown, Councilor Honecker, Councilor Petricca and Chairman Sacher No: 3- Councilor Batte, Councilor Honig and Councilor Rios 12. Resolutions for Adoption (a) ID 15 -349 Resolution - Renewal of Employee Insurance (Editorial History: Each year our insurance consultants and key staff review our insurance coverage. Annually, our consultants, negotiate on behalf of the City and obtain quotes, evaluate the costs verses the coverage, and give the City their recommendations. Based on that information, staff distributed a detailed report regarding this matter to the Council on September 25, 2015. Staff recommends approval of the proposed coverage as we believe it is in the best interest of the City.) The City Clerk Laura Litzan read, by title only, Resolution 15-69, renewal of employee insurance. Public Comment: None MOTION by Vice-Chair Brown, seconded by Councilor Petricca, to approve Resolution 15-69 Renewal of Employee Insurance. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Councilor Batte, Vice-Chair Brown, Councilor Honecker, Councilor Honig, Councilor Petricca and Chairman Sacher No: 1- Councilor Rios (b) ID 15 -356 Resolution - Property and Liability Insurance Renewal for FY16 (Editorial History: City Council is asked to approve the renewal of property, liability and excess worker's compensation insurance policy through Public Risk Insurance Agency (PRIA) for FY16. Overall insurance premium went down by $28,977. This is the second straight year of decreased premiums (premium for FY14 was $723,778) for the same coverage.) The City Clerk Laura Litzan read, by title only, Resolution 15-70 property and liability insurance renewal for FY16. Public Comment: None MOTION by Vice-Chair Brown, seconded by Councilor Petricca, to approve Resolution 15-70 Property and Liability Insurance Renewal for FY16. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Batte, Vice-Chair Brown, Councilor Honecker, Councilor Honig, Councilor Petricca, Chairman Sacher and Councilor Rios City of Marco Island Florida Page 5 City Council Meeting Minutes - Final October 5, 2015 13. Citizens' Comments At the request of Chairman Sacher, Mr. Gerald Swiacki (Chairman of Parks and Recreation Committee) 667 Thrust Court, spoke about the Veterans' Community Park and the status of the committee's progress on obtaining community input. 14. Council / City Manager Communications (per 2g) Councilor Honecker followed up on earlier Council communications regarding the Fire Station. He recalled that in FY13, City Council approved the hiring of an Architect and Engineering firm for the purpose of developing design plans for the remodeling of the 21 year old Fire Rescue Headquarters. Those funds are slated in the bucket system. He advised there is still an opportunity to to borrow money at 2% interest for 15 years to cover some of the City's larger projects. Chairman Sacher stated there is an item on the award on the contract for the Fire House bay doors on the November 2, 2015 Agenda. Councilor Petricca asked the City Manager to clarify what "permit ready" means for Veterans Park. A. ID 15 -361 Existing Marco Island Sidewalk Ordinance position paper prepared by Councilor Sacher Chairman Sacher suggested and the majority of Council (Councilor Petricca opposed) agreed to have this item on a future agenda. B. ID 15 -362 Continuous Pavers in Non-Right of Way Pathways position paper prepared by Councilor Sacher Chairman Sacher suggested and Council concurred by consensus to have this item on a future agenda. 15. Future Agenda ID 15 -328 Future Agenda Items Following discussion, the item regarding the Goodland Roadway Project will remain on the list; the item on providing reuse water to homes along Collier Boulevard will be removed. 16. Adjournment There being no further business to come before City Council, the meeting adjourned at 8:14 P.M. City of Marco Island Florida Page 6 City Council Meeting Minutes - Final October 5, 2015 ___________________________________ Larry Sacher, Council Chairman ATTEST: ____________________________________ Laura Litzan, City Clerk PREPARED BY: ____________________________________ Lisa Smith, Recording Clerk City of Marco Island Florida Page 7

Agenda

51 Bald Eagle Drive City of Marco Island Florida Marco Island, Florida cityofmarcoisland.com Meeting Agenda - Final City Council Chairman: Larry Sacher City Council: Joe Batte, Bob Brown, Ken Honecker, Larry Honig, Amadeo R. Petricca, and Victor Rios City Manager: Roger Hernstadt City Clerk: Laura Litzan - City Attorney: Alan Gabriel Monday, October 5, 2015 5:30 PM Community Meeting Room 1. Call to Order 2. Roll Call 3. Invocation by Pastor Kevin Koenig of Marco Island Lutheran Church 4. Pledge of Allegiance 5. Approval of agenda and consent agenda [Approval of Consent Agenda passes all routine items indicated by asterisk (*). Consent Agenda items are not considered separately unless a council member so requests. In the event of such a request, the item is returned to the Regular Agenda.] 6. City Council Items A. (*)Approval of Minutes (1) ID 15 -355 Approval of Council Minutes of September 11, 2015 Attachments: Minutes of September 11, 2015 Special-Called Meeting (2) ID 15 -278 Approval of Council Minutes of September 21, 2015 Attachments: Minutes of September 21, 2015 Regular Meeting (3) ID 15 -342 Approval of Council Minutes of September 23, 2015 Attachments: Minutes of September 23, 2015 Workshop 7. Citizens' comments on agenda items not scheduled for public hearing and items other than those appearing on the agenda. City of Marco Island Florida Page 1 Printed on 9/29/2015 City Council Meeting Agenda - Final October 5, 2015 [Those who have signed in will be given the first opportunity to speak. Time is limited to 4 minutes per speaker and 30 minutes total time for this agenda item.] TIME CERTAIN TO 6:00 PM OR AS SOON AS POSSIBLE THEREAFTER 8. City Manager's Report A. Departmental Reports ID 15 -281 City Manager’s Report Attachments: Police Department Monthly Report 10.05 Public Works Monthly Report 10.05 - Quality Enterprises CPM Schedule - Quality Enterprises Summary Report - Marriott Crystal Shores Project Letter of 9.29.pdf Water & Sewer Monthly Report 10.5.doc Fire Rescue Monthly Report 10.05.pdf Finance Budget Report 10.05.pdf B. Community Announcements 9. City Attorney's Report: None 10. Quasi-Judicial Public Hearings: None 11. Ordinances (a) ID 15 -354 Ordinance - First Reading - Amending Ordinance No. 2003-19, the existing Utility Methodology and implementing a new Utility Rate Schedule attached as Exhibit “A”. Attachments: ORDINANCE - Amending, Restating, and Superseding Utility Rate Schedule Exhibit A - 9-11-15-EDU CM Rates Exhibit A - 3-2-15-Amended, Restated, Superseded Marco Island Rate Analysis Report-Final 9.14.15 (b) ID 15 -359 Ordinance - Second Reading - Repeal of Ordinance 15-01, Short-Term Rental Housing Attachments: Ordinance 15-26 Exhibit A 12. Resolutions for Adoption City of Marco Island Florida Page 2 Printed on 9/29/2015 City Council Meeting Agenda - Final October 5, 2015 (a) ID 15 -349 Resolution - Renewal of Employee Insurance Attachments: Resolution 15-69 - Benefit Renewal 100515 Emp Benefits Agenda Packet 092515 (b) ID 15 -356 Resolution - Property and Liability Insurance Renewal for FY16 Attachments: Resolution 15-70 FY2016 Coverage and premium summary 13. Citizens' Comments [4 minutes per individual – Each individual has one opportunity to speak.] 14. Council / City Manager Communications (per 2g) (1) A councilor may request that a subject matter be placed on a future agenda. (2) City Council may accept or reject the placement of the subject matter on a future agenda. (3) A councilor shall provide a "position paper," memorandum, or summary to the City Manager prior to distribution of the agenda subject to City Council. A. ID 15 -361 Existing Marco Island Sidewalk Ordinance position paper prepared by Councilor Sacher Attachments: Position Paper - Existing Sidewalk Ordinance B. ID 15 -362 Continuous Pavers in Non-Right of Way Pathways position paper prepared by Councilor Sacher Attachments: Position Paper - Continuous Pavers in Non-Right of Way Pathways 15. Future Agenda ID 15 -328 Future Agenda Items Attachments: Copy of Future Agenda 10.05.15.pdf 16. Adjournment City of Marco Island Florida Page 3 Printed on 9/29/2015 City Council Meeting Agenda - Final October 5, 2015 The public hearings will commence at 5:30 p.m., or soon thereafter as business permits, in the City of Marco Island, Community Room, 51 Bald Eagle Drive, Marco Island, Florida. All interested persons are invited to attend the meeting and participate in the discussion; or, written comments may be sent to the City of Marco Island, 50 Bald Eagle Drive, Marco Island, FL. 34145. Pursuant to Section 286.0105, Florida Statutes, if a person decides to appeal any decision made by City Council with respect to any matter considered at such hearing or meeting, one will need a record of the proceedings for such purpose that person may need to ensure that a verbatim record of the proceedings is made; such record includes the testimony and evidence upon which the appeal is to based. ADA Assistance: Anyone needing special assistance at the City Council hearing due to disability should contact the City of Marco Island at (239) 389-5010 at least two days prior thereto. Please contact the City Clerk at laura@cityofmarcoisland.com if you would like to receive any of the items on the agenda by email. Any Invocation that may be offered before the official start of the Council meeting shall be voluntary offering of a private citizen, to and for the benefit of the Council. The views and beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Council, and the Council is not allowed by law to endorse the religious beliefs or views of this, or any speaker. City of Marco Island Florida Page 4 Printed on 9/29/2015

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