City Council
Regular MeetingMarco Island, FL · October 5, 2015
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
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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.
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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.
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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.
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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
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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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