City Council

City of Marco Island Florida 51 Bald Eagle Drive Marco Island, Florida cityofmarcoisland.com Meeting Minutes - Final Monday, November 2, 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 November 2, 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 Guillermo Polanco, Director of Finance Tami Scott, Zoning Administrator - Growth Management Tim Pinter, Director of Public Works Jeff Poteet, General Manager - Water & Sewer Lisa Smith, Recording Specialist Citizens and Visitors 3. Invocation - Led by Pastor Ken Garazin of Marco Island Lutheran Church 4. Pledge of Allegiance - Led by Mr. Bill McMullen 5. Approval of Agenda and Consent Agenda Chairman Sacher requested a change in the order of the agenda to move item 12-A (the resolution to rename the Smokehouse Bay Bridge the Herbert R. Savage Bridge) to item 6-D (presentations). The Waterways presentations would become items 6-E1 and 6-E2. Council concurred by consensus. Councilor Honecker suggested adding two items to the agenda that are time sensitive: 1) ascertain if the citizens would like to implement the $100,000. Veterans' Community Park master plan phase one and 2) if the citizens would like to expend extra funds for adding back four thousand square feet at the new Mackle Park Center. Councilor Honig objected since it does not follow the Rules of Procedure and Chairman Sacher advised Councilor Honecker to bring the topic up at the end of the meeting. Councilor Honig requested to remove Item 6-C from the Consent Agenda and remove Item 12-D from the Agenda because the City Manager was not directed by the City Council to prepare a resolution. The meeting was called into recess at 5:42 P.M. so the City Attorney could research if the City Manager can add a resolution to the agenda. It is noted for the record the same Councilors were present when the meeting reconvened at 5:50 P.M. The City Attorney verified the City Manager has the authority to prepare documents and place them on the agenda. MOTION by Councilor Honig, seconded by Councilor Rios, to remove item 12-D from the Agenda as a resolution and change it to a discussion item. MOTION FAILED BY THE FOLLOWING VOTE: City of Marco Island Florida Page 1 City Council Meeting Minutes - Final November 2, 2015 Yes: 3- Councilor Honig, Councilor Rios and Councilor Sacher No: 3- Chairman Brown, Councilor Honecker and Vice-Chair Petricca MOTION by Vice-Chair Brown, seconded by Councilor Petricca, to approve the Agenda and the Consent Agenda with the amended changes. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 5- Chairman Brown, Councilor Honecker, Vice-Chair Petricca, Councilor Rios and Councilor Sacher No: 1- Councilor Honig [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 -286 Approval of Council Minutes of October 19, 2015 B. Election of Chair and Vice Chair ID 15 -500 Election of Chair and Vice-Chair (Editorial History: The City Charter provides "the Council shall elect a Chairman and Vice-Chairman to serve for a term of one year at the first meeting following the Council election, and the annual anniversary thereafter.") MOTION by Chairman Sacher nominating Vice-Chair Brown Council Chairman. MOTION CARRIED BY THE FOLLOWNG VOTE: Yes: 4- Chairman Brown, Councilor Honecker, Vice-Chair Petricca and Councilor Sacher No: 2- Councilor Honig and Councilor Rios MOTION by Councilor Rios nominating Councilor Honig as Council Chairman. No vote was take due to majority voting in favor of Nominee Vice-Chair Brown. MOTION by Chairman Brown nominating Councilor Petricca as Council Vice-Chairman. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Chairman Brown, Councilor Honecker, Councilor Honig, Vice-Chair Petricca, Councilor Rios and Councilor Sacher THE MEETING WENT INTO RECESS AT 5:57 P.M. IT IS NOTED FOR THE RECORD THE SAME COUNCILORS WERE PRESENT WHEN THE MEETING RECONVENED AT 6:01 P.M. City of Marco Island Florida Page 2 City Council Meeting Minutes - Final November 2, 2015 C. (*)Approval of the 2016 City Council Meeting Schedule ID 15 -499 Approval of the 2016 City Council Meeting Schedule This item was removed from the Consent Agenda at the request of Councilor Honig. MOTION by Councilor Honecker, seconded by Vice-Chair Petricca, to approve the 2016 City Council Meeting Schedule as written. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 5- Chairman Brown, Councilor Honecker, Councilor Honig, Vice-Chair Petricca and Councilor Sacher No: 1- Councilor Rios D. Presentations A. ID 15 -507 Resolution to rename the Smokehouse Bay Bridge the Herbert R. Savage Bridge (Editorial History: The Parks and Recreation Committee (PRAC) made a nomination to change the name of the Smokehouse Bay Bridge to the Herbert R.Savage Bridge. According to the City's policy, a forty-five day comment period was established for public input. After the comment period closed, PRAC, by a unanimous vote, recommended to move forward with changing the name of what now is known as the Smokehouse Bay Bridge to the Herbert R. Savage Bridge.) The City Clerk Laura Litzan read, by title only, Resolution 15-74 to rename the Smokehouse Bay Bridge the Herbert R. Savage Bridge. Public Comment: Mr. Bill McMullen, Greenbriar Street, stated no one other than Mr. Herbert Savage is more deserving of this honor. MOTION by Councilor Sacher, seconded by Councilor Honecker, to approve Resolution 15-74 to rename the Smokehouse Bay Bridge 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 d.1 ID 15 -506 Ocean Restoration Initiative (ORI) Funding Presentation - James Timmerman Mr. Jim Timmerman gave a presentation and answered Council's questions and concerns. He is asking City Council to consider funding the ORI project. Councilor Rios questioned if there are funds available from the state. The City Manager advised they would have to research the application process. Public Comment: City of Marco Island Florida Page 3 City Council Meeting Minutes - Final November 2, 2015 Mr. Ray Seward, 287 Rockhill Court, spoke about installing Riprap as another possible option to improve water quality. MOTION by Councilor Honig, seconded by Councilor Rios, to fund up to $10,000 for the ORI Project subject to be reviewed by the Waterways Committee and City Manager. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 4- Councilor Honig, Vice-Chair Petricca, Councilor Rios and Councilor Sacher No: 2- Chairman Brown and Councilor Honecker Not Present: 1- Councilor Batte d.2 ID 15 -536 Waterways Advisory Committee Quarterly Report - James Timmerman Mr. Jim Timmerman provided Council with an update from Waterways Advisory Committee. E. Council Communications and Discussion (per 2f) - 15 minutes limit Councilor Batte was absent. Councilor Sacher expressed concerns regarding the continuous pavers within the shared use pathways and enforcement of the existing sidewalk ordinance items not being on the next Planning Advisory Board's agenda. Councilor Honecker commented on the Master Plan for Veterans' Community Park which is available for the public to view. Councilor Rios questioned the lighting for Veterans' Community Park and suggested using the extra City owned light poles, currently in storage, on timers to not disturb the neighbors. Vice-Chair Petricca reminded City Council direction was given at the last meeting to research low lighting options. Chairman Brown said he contacted the County Commissioners and County Manager regarding the EMS unit for the residents of Marco Island. 7. Citizens' comments on agenda items not scheduled for public hearing and items other than those appearing on the agenda. Dr. Deborah Lux, 2736 Riverview Drive (Founder of Collier Honor Flight) is requesting the City of Marco Island become a Purple Heart City along side Collier County and the State of Florida. She is asking for banners to be placed on public property around the City honoring Veterans of yesterday and today. Mr. Jim Prange, 1851 Olds Court, spoke in favor of Collier Honor Flight. On behalf of Craig Woodward, he is asking City Council to postpone the renaming of Herb Savage Alley. Mr. Rudolph Balocki, 1015 Mainsail Drive, honored all Veterans including not only the men who served, but the women as well. City of Marco Island Florida Page 4 City Council Meeting Minutes - Final November 2, 2015 8. City Manager's Report A. Departmental Reports ID 15 -287 City Manager’s Report Fire Department - Chief Mike Murphy Police Department - Chief Al Schettino General Manager - Water & Sewer - Jeff Poteet Director of Public Works - Tim Pinter Director of Finance - Guillermo Polanco Mr. Howard Murrell, President of Quality Enterprises, spoke to Council on the Herbert R. Savage Bridge completion time frame. Council agreed by consensus to have Public Works Director Tim Pinter work with the CIty Manager regarding landscaping for the bridge and the plaque naming the bridge. THE MEETING WENT INTO RECESS AT 7:48 P.M. IT IS NOTED FOR THE RECORD ALL COUNCILORS WERE PRESENT WHEN THE MEETING RECONVENED AT 8:00 P.M. B. Community Announcements The City Clerk Laura Litzan read community events from November 2, 2015 through December 6, 2015. 9. City Attorney's Report - None There was no City Attorney report however, City Council gave direction to the City Attorney regarding the Esplanade settlement. MOTION by Councilor Sacher, seconded by Councilor Rios, to direct the City Attorney to proceed with the proposed settlement agreement with the Esplanade. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Chairman Brown, Councilor Honecker, Councilor Honig, Vice-Chair Petricca, Councilor Rios and Councilor Sacher 10. Quasi-Judicial Public Hearings: None 11. Ordinances A. ID 15 -504 Ordinance - Second 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 Series 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 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, or October 1, 2016 due to the increase in the amounts of principal per the amortization schedule.) City of Marco Island Florida Page 5 City Council Meeting Minutes - Final November 2, 2015 The City Clerk Laura Litzan read, by title only, Ordinance on second reading amending exhibit "A" Utility Rate Schedule to Ordinance 2003-19. Public Comment: None MOTION by Councilor Sacher, seconded by Councilor Rios, to approve Ordinance 15-28 on second reading amending Exhibit "A" 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 B. ID 15 -503 Ordinance - Second 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 year end. The final amended FY budget documenting adjustments to the Originally Adopted Budget is hereby submitted to City Council for consideration.) The City Clerk Laura Litzan read, by title only, Ordinance 15-27 on second reading, Fiscal Year 2015 Budget Re-appropriation. Public Comment: None MOTION by Councilor Sacher, seconded by Chairman Brown, to approve Ordinance 15-27 on second reading, Fiscal Year 2015 Budget Re-appropriation. MOTION FAILED BY THE FOLLOWING VOTE: Yes: 3- Chairman Brown, Councilor Honig and Councilor Sacher No: 3- Councilor Honecker, Vice-Chair Petricca and Councilor Rios MOTION by Councilor Rios, seconded by Councilor Sacher, For Councilor Rios to reconsider this item. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 5- Chairman Brown, Councilor Honig, Vice-Chair Petricca, Councilor Rios and Councilor Sacher No: 1- Councilor Honecker MOTION by Councilor Honecker, to continue Ordinance 15-27 to the next City Council meeting when all 7 Council members are present. MOTION FAILED FOR LACK OF SECOND. MOTION by Councilor Sacher, seconded by Councilor Rios, to approve Ordinance 15-27 on second reading, Fiscal Year 2015 Budget Re-appropriation. 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 City of Marco Island Florida Page 6 City Council Meeting Minutes - Final November 2, 2015 12. Resolutions for Adoption B. ID 15 -508 Resolution to rename the Herb Savage Alley to Deltona Way (Editorial History: In conjunction with the renaming of the Smokehouse Bay Bridge to the Herbert R. Savage Bridge, the Committee also recommends to change the name of the "Herb Savage Alley" to Deltona Alley.) Public Comment: Mr. Gerald Swiacki, 667 Thrush Court, Chairman of Parks and Recreation Advisory Committee (PRAC), recommends postponing the renaming of alley until the plaque is ready for the Herbert R. Savage Bridge. Mr. Ed Walsh, 1755 Piedmont Court, also is in favor of postponing the renaming of the alley. After public comment, Councilor Sacher asked the motion maker and the seconder to change their motion from "defer indefinitely" to "table it" since it has not gone through the appropriate process. MOTION by Councilor Honecker, seconded by Vice-Chair Petricca, to "table" the renaming of the Herb Savage Alley to Deltona Way. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Chairman Brown, Councilor Honecker, Councilor Honig, Vice-Chair Petricca, Councilor Rios and Councilor Sacher C. ID 15 -369 Resolution Approving the Refinancing of the City’s Sales Tax Bond, Series 2004 (Editorial History: Last year the City saved $270,954 by prepaying the STRP "preconstruction" loan. In addition, by refinancing the General Obligation Bond, Series 2004, and taking advantage of the prevalent interest rate at the time the City reduced its debt service payments by another $300,603. through the final payment on July 1, 2020. Similarly, the CIty deems it beneficial to refinance the Sales Tax Revenue Bond, Series 2005, issued August 3, 2005 to finance several capital projects including the new Police Station. After reviewing the submittals by financial institutions to refund the City's Sales Tax Revenue Bond, Series 2005, it was deemed by Staff and its advisors that the best proposal was from Hancock Bank, at an interest rate of 1.31%. The current bond is structured with interest rates ranging from 3.6% to 3.9%. Since the City is issuing a $2 million Bank Qualified Note ("BQ") to refinance the Sales Tax Revenue Bond, Series 2005, the remaining balance of $8 million to be used towards the issuance of a BQ Note for the 2015 Tax Year.) The City CLerk Laura Litzan read, by title only, Resolution 15-76, Approving the Refinancing of the City's Sales Tax Bond, Series 2004. Public Comment: None MOTION by Councilor Sacher, seconded by Chairman Brown, to approve Resolution 15-76, Approving the Refinancing of the City's Sales Tax Bond, Series 2004. 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 7 City Council Meeting Minutes - Final November 2, 2015 D. ID 15 -515 Resolution Regarding City Projects for Consideration for Potential State Grant Opportunities (Editorial History: To establish the City Council's direction on the funding opportunities in the state grant legislative process budget, a resolution identifying four possible projects was submitted for Council review. The Veteran's Community Park multiuse facility is recommended to come off the list due to the local veteran's organizations expressing that they do not need or want a facility for meetings, memorabilia, and/or services.) The City Clerk Laura Litzan read, by title only, Resolution 15-77, Resolution regarding City projects for consideration for potential state grant opportunities. Councilor Honecker is requesting to take this Resolution line item by line item. A majority of Council agreed to talk about each item individually,with Councilor Rios and Vice-Chair Petricca opposing. Opening statements were made by each Councilor before motions were taken on the individual line items. Public Comment: None MOTION by Councilor Honecker, seconded by Councilor Rios, to remove line item #1 (Veterans Community Park) in Resolution 15-77. 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 MOTION by Councilor Honecker, seconded by Vice-Chair Petricca, to approve line item #2 (Fire Station Renovations) in Resolution 15-77. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Chairman Brown, Councilor Honecker, Councilor Honig, Vice-Chair Petricca, Councilor Rios and Councilor Sacher MOTION by Councilor Honecker, seconded by Vice-Chair Petricca, to approve line item #3 (Waste Water Project ) in Resolution 15-77. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Chairman Brown, Councilor Honecker, Councilor Honig, Vice-Chair Petricca, Councilor Rios and Councilor Sacher MOTION by Councilor Honecker, seconded by Vice-Chair Petricca, to approve line item #4 (Storm Water Project) in Resolution 15-77. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Chairman Brown, Councilor Honecker, Councilor Honig, Vice-Chair Petricca, Councilor Rios and Councilor Sacher Following discussion on the individual line items, Councilor Honecker suggested, and Councilor Sacher agreed to keep the list at this level so it's not discussed in 2015 future meetings. The City Manager believes City Council should be open minded to additional projects. MOTION by Councilor Honecker, seconded by Councilor RIos, to approve Resolution 15-77. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Chairman Brown, Councilor Honecker, Councilor Honig, Vice-Chair Petricca, Councilor Rios and Councilor Sacher City of Marco Island Florida Page 8 City Council Meeting Minutes - Final November 2, 2015 13. Citizens' Comments Mr. Bill McMullen, Greenbriar Street, suggested Council put on the record the passing of Veteran Owen Carr. 14. Council / City Manager Communications and Future Agenda (per 2g) Councilor Rios asked if a presentation from a vendor for LED lighting would be beneficial. Councilor Honig supports Councilor Rios efforts and suggests he write a position paper to be placed on a future agenda. The majority of Council agreed. Councilor Honecker asked for clarification from the City Manager that he will be providing updates for projects under the legislative priorities through the Manager's report process. ID 15 -535 Committee/Board Attendance via Telephone - Position Paper Prepared by Vice-Chair Brown Chairman Brown is seeking clarification regarding the process of telephone participation for board and committee members. The City Attorney commented on the recommendations from the Attorney General which says you must find an extraordinary circumstance to justify the attendance by telephone. The City Attorney also said the City Charter specifies that City Council members must be present. Public Comment: None MOTION by Councilor Honig, seconded by Councilor Rios, to not allow participation via telephone for City Council Members and appointed Board Members. NO VOTE WAS TAKEN DUE TO THE MOTION MAKER AND SECONDER AMENDING THE MOTION. Public Comment: None MOTION by Councilor Honig, seconded by Councilor Rios, to amend his motion to bring the matter forward to amend the rules to prohibit telephone participation. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Chairman Brown, Councilor Honecker, Councilor Honig, Vice-Chair Petricca, Councilor Rios and Councilor Sacher 15. Future Agenda - None ID 15 -501 Future Agenda Items City of Marco Island Florida Page 9 City Council Meeting Minutes - Final November 2, 2015 16. Adjournment There being no further business to come before City Council, the meeting adjourned at 9:25 P.M. ____________________________________ Robert C. Brown, Council Chairman ATTEST: ____________________________________ Laura Litzan, City Clerk PREPARED BY: ____________________________________ Lisa Smith, Recording Specialist City of Marco Island Florida Page 10