City Council

City of Marco Island Florida 51 Bald Eagle Drive Marco Island, Florida cityofmarcoisland.com Meeting Minutes - Final Monday, October 19, 2015 5:30 PM Community Meeting Room City Council Chairman: Bob Brown City Council: Joe Batte, Ken Honecker, Larry Honig, Amadeo R. Petricca, Victor Rios and Larry Sacher City Manager: Roger Hernstadt City Clerk: Laura Litzan - City Attorney: Alan Gabriel City Council Meeting Minutes - Final October 19, 2015 1. Call to Order 2. Roll Call Present: 6- Chairman Brown, Councilor Honecker, Councilor Honig, Vice-Chair Petricca, Councilor Rios and Councilor Sacher Absent: 1- Councilor Batte Also Present Roger T Hernstadt, City Manager Laura Litzan, City Clerk Alan L. Gabriel, City Attorney Mike Murphy, Fire Chief Al Schettino, Police Chief Guilermo Polanco, Director of Finance Tami Scott, Zoning Administrator - Growth Management Tim Pinter, Director of Public Works Jeff Poteet, General Manager - Water & Sewer Alex Galiana, Parks Administrative - Facility Coordinator Michon Jackson, Water & Sewer Customer Service Manager Mindy Gordon, Recreation Program Manager Lisa Smith, Recording Clerk Citizens and Visitors 3. Invocation - Led by Chairman Sacher 4. Pledge of Allegiance - Led by Councilor Honig 5. Approval of Agenda and Consent Agenda MOTION by Councilor Rios, seconded by Vice-Chair Brown, to approve the Agenda and Consent Agenda. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Chairman Brown, Councilor Honecker, Councilor Honig, Vice-Chair Petricca, Councilor Rios and Councilor Sacher Not Present: 1- Councilor Batte [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 ID 15 -282 Approval of Council Minutes of October 5, 2015 City of Marco Island Florida Page 1 City Council Meeting Minutes - Final October 19, 2015 B. Presentations 1. ID 15 -364 2015 Punt Pass & Kick Presentations The Punt, Pass, and Kick Awards were given out prior to the City Council meeting. Chairman Sacher congratulated all the winners. 2. ID 15 -484 Falls Prevention Awareness - Presentation by Keith Dameron On behalf of City Council, Chairman Sacher read the proclamation recognizing Mr. Keith Dameron for his efforts promoting awareness of falls by seniors. 3. ID 15 -463 New Community Center at Mackle Park - Presentation by Architect Victor Latavish Mr. Victor Latavish was unavailable to attend the City Council meeting. Parks Administrator Alex Galiana introduced Mr. Dallas Disney who gave the Mackle Park presentation and answered Council's questions and concerns. C. Council Communications and Discussion (per 2f) - 15 minute limit Councilor Batte was absent. Councilor Honig had no comment. Councilor Honecker read the official document "Ballot of the City of Marco Island Florida Land Acquisition Bond Referendum" dated November 18, 2003 to clarify the language on what the citizens voted for in 2003 regarding the property at Veterans' Community Park. Vice-Chair Brown had no comment. Councilor Petricca had no comment. Councilor Rios had no comment. Chairman Sacher had no comment. 7. Citizens' comments on agenda items not scheduled for public hearing and items other than those appearing on the agenda. Ms. Sandi Lazarus, 222 Waterway Court, thanked the City Manager and City Council on behalf of her husband Mr. Monte Lazarus for establishing Marco Island Magistrate Hearings and appointing Mr. Lazarus as Special Magistrate. Ms. A.K. Battaglia, 39 North Collier Boulevard, expressed her safety concerns regarding the atons along Marco's waterways. Mr. Ray Seward, 287 Rockhill Court, questioned who is responsible for the aids to navigation maintenance. 8. City Manager's Report City of Marco Island Florida Page 2 City Council Meeting Minutes - Final October 19, 2015 A. Departmental Reports Zoning Administrator/Growth Management - Tami Scott Director of Finance - Guillermo Polanco Parks Administrator/Facility Coordinator - Alex Galiana ID 15 -348 City Manager’s Report Parks Administrator Alex Galiana is seeking direction from Council regarding renaming of the Smokehouse Bay Bridge. The City Manager clarified they would prepare a resolution to bring to the next City Council meeting. MOTION by Councilor Honecker, seconded by Chairman Sacher, to approve the renaming of the Smokehouse Bay Bridge to the Herbert R. Savage Bridge. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Chairman Brown, Councilor Honecker, Councilor Honig, Vice-Chair Petricca, Councilor Rios and Councilor Sacher Not Present: 1- Councilor Batte B. Community Announcements City Clerk Laura Litzan announced community events occurring October 19, 2015 through November 2, 2015. 9. City Attorney's Report ID 15 -363 City Attorney’s Report City Attorney Alan Gabriel had three items to add that were not in his report. The first is in reference to the Esplanade, that both parties will be meeting this Friday. Secondly, Item 12-B in the Agenda packet (Resolution 15-73) has been revised to only reflect a change in the format, and last he proposed a Cost Recovery Ordinance for Council to consider. After a lengthy discussion regarding the proposed Cost Recovery Ordinance, it was decided to have the City Attorney prepare background information and present it at the next meeting. THE MEETING WENT INTO RECESS AT 6:52 P.M. IT IS NOTED FOR THE RECORD THE SAME COUNCILORS WERE PRESENT WHEN THE MEETING RECONVENED AT 7:07 P.M. 10. Quasi-Judicial Public Hearings: None 11. Ordinances A. ID 15 -436 Ordinance - Second Reading - Amending Ordinance No. 2003-19, the existing Utility Methodology and implementing a new Utility Rate Schedule attached as Exhibit “A”. City of Marco Island Florida Page 3 City Council Meeting Minutes - Final October 19, 2015 (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 6-1 vote to prepare the Ordinance regarding the new utility rate schedule based on the Water and Sewer Analysis prepared by Raftelis. At the September 9, 2015 meeting City Council directed staff with a motion passed on a 6-1 vote to prepare the Ordinance regarding the new utility rate schedule based on the Water and Sewer Analysis prepared by Raftelis. On September 11, 2015 the City Council scheduled a new utility rate schedule presentation by Raftelis on September 23, 2015 at 1pm. On September 21, 2015, City Council continued the properly noticed hearing to a date certain of October 19, 2015, for the second reading and October 5, 2015, for the first reading. At the first reading Council approved the Ordinance by a vote of 5-2.) 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. MOTION by Vice-Chair Brown, seconded by Councilor Sacher, to approve Amending Ordinance No. 2003-19, the existing Utility Methodology and implementing a new Utility Rate Schedule, amended to include the following language "each affected City utility customer may appeal the Equivalent Dwelling Unit (EDU) calculation determination and any other billing element, including financial hardship to the EDU Review Committee (ERC) as appointed by the City Manager." After a lengthy discussion, Councilors Honig and Petricca suggested other amendments which were not included in the motion. Public Comment: Those expressing concerns implementing a new Utility Rate Schedule as presented by Raftelis: Mr. Dick Shanahan, 427 Barcelona Court Mr. Jon Busch, 622 Hernando Drive Mr. Rudi Landwaard, 573 Hernando Drive Ms. A.K. Battaglia, 39 North Collier Boulevard Mr. Rich Lutz, 1585 Villa Court Mr. Craig Woodward, 606 Bald Eagle Drive Mr. Ray Seward, 287 Rockhill Court Mr. Mike Cunningham, 848 South Heathwood Drive Mr. Joe Franchino, 843 Banyan Court AFTER PUBLIC COMMENT, CHAIRMAN SACHER WITHDREW HIS MOTION AS SECONDER. City of Marco Island Florida Page 4 City Council Meeting Minutes - Final October 19, 2015 MOTION by Vice-Chair Brown, seconded by Councilor Honecker, to approve Amending Ordinance No. 2003-19, the existing Utility Methodology and implementing a new Utility Rate Schedule, amended to include the following language "each affected City utility customer may appeal the Equivalent Dwelling Unit (EDU) calculation determination and any other billing element, including financial hardship to the EDU Review Committee (ERC) as appointed by the City Manager." MOTION FAILED BY THE FOLLOWING VOTE: Yes: 3- Chairman Brown, Councilor Honecker and Vice-Chair Petricca No: 3- Councilor Honig, Councilor Rios and Councilor Sacher Not Present: 1- Councilor Batte B. ID 15 -478 Ordinance - First Reading - Amending Exhibit “A” Utility Rate Schedule to Ordinance 2003-19. (Editorial History: At the recommendation of the City Attorney, Resolution 15-66 is being resubmitted to Council as an Ordinance. As part of issuing the 2013 Bond Series to refinance the 2003 and 2008 Bond Series and release the restriction on the 2010B Bond Reserves, the City retained the services of Public Resources Management Group (PRMG) to conduct a Feasibility Study to be included in the Official Statement. In order to increase the Utility's debt service coverage ratio to 1.5 or better in the next 5 years, PRMG recommended an increase of 7 percent, comprised of 1.9 COLA and a 5.1 rate adjustment for the first year and additional COLA increases in subsequent years. On August 19, 2013 the City Council passed Resolution 13-16 stating the intent to increase rates as recommended by the Feasibility Study. The attached Ordinance would adopt the 2.1% increase scheduled to start November 1, 2015. The surcharge fees for the capacity related debt is slated to increase from 3% to 6% in fiscal year 2017 due to the increase in the amounts of principal per the amortization schedule.) City Clerk Laura Litzan read, by title only, Ordinance on first reading amending exhibit "A" Utility Rate Schedule to Ordinance 2003-19. Director of Finance Guillermo Polanco answered Council's questions and concerns. Public Comment: None MOTION by Vice-Chair Brown, seconded by Councilor Honig, to approve Amending Utility Rate Schedule to Ordinance 2003-19. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 4- Chairman Brown, Councilor Honig, Councilor Rios and Councilor Sacher No: 2- Councilor Honecker and Vice-Chair Petricca Not Present: 1- Councilor Batte C. ID 15 -438 Ordinance - First Reading - Fiscal Year 2015 Budget Re-appropriation (Editorial History: Each year the City prepares the budget based on estimated revenues and expenses for the coming year. During the course of the fiscal year budget adjustments and revisions are approved due to operational activities and actual expenses. The Finance Department periodically updates the City Council throughout the fiscal year on the status of the budget. These adjustments and revisions are then combined into a re-appropriation ordinance for ratification by City Council at the fiscal City of Marco Island Florida Page 5 City Council Meeting Minutes - Final October 19, 2015 year end. The final amended FY budget documenting adjustments to the Originally Adopted Budget is hereby submitted to City Council.) City Clerk Laura Litzan read, by title only, ordinance on first reading Fiscal Year 2015 Budget Re-appropriation. Public Comment: None MOTION by Vice-Chair Brown, seconded by Councilor Petricca, to approve ordinance on first reading, Fiscal Year 2015 Budget Re-appropriation. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 4- Chairman Brown, Councilor Honig, Vice-Chair Petricca and Councilor Sacher No: 2- Councilor Honecker and Councilor Rios Not Present: 1- Councilor Batte 12. Resolutions for Adoption A. ID 15 -352 Resolution Approving a Local Agency Program (LAP) Agreement with the Florida Department of Transportation (FDOT) for the Construction of the S. Barfield-Inlet Dr. Shared Use Pathway Project. (Editorial History: The Resolution will authorize the City to execute a Local Agency Program (LAP) Agreement with the Florida Department of Transportation (FDOT) for the South Barfield-Inlet Drive Shared Use Pathway Project. This project consists of increasing the width of the existing 4-foot sidewalk to an 8-foot wide shared use pathway along the entire project length of 1.1 miles on South Barfield Drive from San Marco Road to Inlet Drive (on the east side of the street) then turning east onto Inlet Drive from South Barfield to Travida Terrace. FDOT has advised the City that is eligible to receive a Transportation Grant in the amount of $457,154.00 to build this project. The City contributed $58,500.00 from the FY 2015 budget for the survey and engineering design of the project.) City Clerk Laura Litzan read, by title only, Resolution 15-71, Approving a Local Agency Program (LAP) Agreement with the Florida Department of Transportation (FDOT) for the Construction of the South Barfield-Inlet Drive Shared Use Pathway Project. Public Works Director Tim Pinter answered Council's questions and concerns. Public Comment: Mr. Alan Musico, 907 Panama Court #503, clarified FDOT's time table for the project. MOTION by Councilor Rios, seconded by Councilor Honig, to approve Resolution 15-71. Approving a Local Agency Program (LAP) Agreement with the Florida Department of Transportation (FDOT) for the Construction of the South Barfield-Inlet Drive Shared Use Pathway Project. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Chairman Brown, Councilor Honecker, Councilor Honig, Vice-Chair Petricca, Councilor Rios and Councilor Sacher Not Present: 1- Councilor Batte City of Marco Island Florida Page 6 City Council Meeting Minutes - Final October 19, 2015 B. ID 15 -493 Resolution Approving the Renovation Project for the Marco Beach Hotel “Hilton” located at 560 South Collier Blvd. (Editorial History: Historically SIP's were reviewed by staff. We are now presenting the plans to the Planning Advisory Board and City Council for public review. The Marco Beach Hotel "Hilton" is proposing a $33 million renovation project. This is a phased project, the petitioner has submitted all phases as a "master site plane " approval. Staff has reviewed the project as a whole. The application and documents have been routed and reviewed by staff. Staff is satisfied the proposed project meets all requirements as outlined in the City of Marco Island Land Development Code. The project was presented to the Planning Advisory Board on October 7, 2015 and the project received an affirmative vote of 7-0.) City Clerk Laura Litzan read, by title only, Resolution 15-73, approving the renovation project for the Marco Beach Hotel "Hilton" located at 560 South Collier Boulevard. Zoning Administrator Tami Scott answered Council's questions and concerns. Public Comment: None MOTION by Vice-Chair Brown, seconded by Councilor Honig, to approve Resolution 15-73, approving the renovation project for the Marco Beach Hotel "Hilton" located at 560 South Collier Boulevard. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Chairman Brown, Councilor Honecker, Councilor Honig, Vice-Chair Petricca, Councilor Rios and Councilor Sacher Not Present: 1- Councilor Batte C. ID 15 -462 *Resolution Approving the Federal Fiscal Year 2015 State Homeland Security Grant Program Award Letter This item was approved under the Agenda and Consent Agenda. 13. Citizens' Comments Mr. Don Montroy, 59 Tahiti Road, inquired about the five foot sidewalks for new construction homes. 14. Council / City Manager Communications (per 2g) Councilor Honig questioned the Planning Advisory Board's intentions regarding the five foot sidewalks. Chairman Sacher is seeking consensus from Council to have the City Manager put the existing sidewalk discussion and the matter of continuous pavers in non-right-of-way pathways on the Planning Advisory Board's agenda. A vote was taken 4-2 with Councilor Honecker and Councilor Petricca opposing. 15. Future Agenda - None ID 15 -366 Future Agenda Items City of Marco Island Florida Page 7 City Council Meeting Minutes - Final October 19, 2015 16. Adjournment There being no further business to come before City Council, the meeting adjourned at 9:14 P.M. ____________________________________ Larry Sacher, Council Chairman ATTEST: ____________________________________ Laura Litzan, City Clerk PREPARED BY: ____________________________________ Lisa Smith, Recording Clerk City of Marco Island Florida Page 8