City Council

City of Marco Island Florida 51 Bald Eagle Drive Marco Island, Florida cityofmarcoisland.com Meeting Minutes Tuesday, January 21, 2014 5:30 PM Community Meeting Room City Council Chairman: Ken Honecker City Council: Joe Batte, Bob Brown, Larry Honig, Chuck Kiester, Amadeo R. Petricca, and Larry Sacher City Manager: Roger Hernstadt City Clerk: Laura Litzan - City Attorney: Burt Saunders City Council Meeting Minutes January 21, 2014 ROLL CALL Present: 6- Councilor Batte, Councilor Brown, Chairman Honecker, Councilor Honig, Councilor Petricca and Vice-Chair Sacher Absent: 1- Councilor Kiester Also Present: Guillermo Polanco, Interim City Manager Lina Upham, Purchasing and Fiscal Analyst Burt L. Saunders, City Attorney Don Hunter, Police Chief Ray Munyon, Fire Inspector/Fire Marshall Tom Bogan, Fire-Rescue Captain Robert Lange, Budget Manager Joseph Irvin, Interim Director of Community Affairs Tim Pinter, Director of Public Works Jeff Poteet, General Manager Water and Sewer Department Gretchen Baldus, Director of Information Technology Sandra Schildhorn, Administrative Assistant Citizens and Visitors INVOCATION Reverend Ron Thompson of the United Church of Marco Island provided the invocation. PLEDGE OF ALLEGIANCE Chairman Honecker led the pledge of allegiance. APPROVAL OF AGENDA MOTION by Councilor Brown, seconded by Councilor Petricca, that this be approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Councilor Batte, Councilor Brown, Chairman Honecker, Councilor Honig, Councilor Petricca and Vice-Chair Sacher Not Present: 1- Councilor Kiester COUNCIL COMMMUNICATIONS Councilor Brown announced that he was appointment by the Board of County Commissioners on January 14, 2014 to serve on the Collier County Coastal Advisory Committee. Councilor Honig reported that he has developed a website (honigformarco.com) to provide access to presentations that he has made at City Council meetings, and to make his position known about issues confronting the citizens of Marco Island. He questioned the City Attorney about what is defined in the City Charter and under the laws of the State of Florida regarding the City Manager assigning the Fire or Police City of Marco Island Florida Page 1 City Council Meeting Minutes January 21, 2014 Chief to act as the City Manager in his absence. He expressed his objection to City departments auditing restaurants for seating compliance, stating that he did not recall Council voting to do this, but rather asking the City Manager to report back to Council after looking into the matter. Vice-Chair Sacher, in response to Councilor Honig's comment regarding auditing restaurants for seating compliance, explained how the matter originated. He asked for Council’s approval to request that the Interim City Manager work in conjunction with the Police Chief to pursue an investigation with the Florida Department of Law Enforcement or the Florida Office of the State Attorney to validate that there were no improper actions on behalf of City Council pertaining to the direction that was made by the Interim City Manager regarding the former Director of Community Affairs , as well as to investigate the matter leading to the dismissal of the former Director of Community Affairs. Councilor Honig supported his request. Councilors Batte, Brown, Honecker and Petricca did not support the request. Lastly, Vice-Chair Sacher commented about formalizing the Compensation and Benefits Subcommittee approved by Council. Council concurred to await the arrival of the new City Manager before moving forward with the subcommittee. Councilor Petricca reported that he and City staff have met with four of the County Commissioners concerning an additional ambulance for Marco Island and indicated that the City Attorney will be petitioning the Commissioners to put this on the February agenda for a presentation by Fire Chief Murphy and Deputy Fire Chief Byrne. Councilor Petricca referred to a recent article in the newspaper about the Marco Island fire rescue vessel responding to a boating accident off of Keeywadin Island, and asked about the protocol for participating in rescue operations outside of the City. Fire Captain Tom Bogan responded to his question and recommended that he follow-up with Fire Chief Murphy. Lastly Councilor Petricca asked Interim Community Affairs Director Joseph Irvin to comment about the issue of bed and breakfast establishments illegally operating in single family residential zoning districts on Marco Island. Following Mr. Irvin’s comments, Council made a request of Police Chief Hunter to direct Code Enforcement staff to address the issue. Councilor Batte congratulated Councilor Brown on his appointment to the Collier County Coastal Advisory Committee. He commented that the minutes of the Special-Called meeting of January 13th were corrected to reflect Council’s 6-1 vote regarding the approval of the new City Manager’s employment contract , of which he did not approve. Lastly, he acknowledged and welcomed former City Councilors Robert Popoff and Ted Forcht who were in attendance at the City Council meeting. Chairman Honecker read a letter from Mr. Calvin Peck explaining his decision to withdraw himself from consideration for the position of City Manager. CITY MANAGER’S REPORT Interim City Manager Guillermo Polanco reporting the following: Public Resources Management Group (PRMG) Report: The PRMG will start work to prepare an updated rate design analysis as was performed by Burton & Associates for monthly water and wastewater rates. Council requested that staff invite Mr. Robert Ori of PRMG, the City’s rate consultant, to a Council meeting to make recommendations regarding proceeding forward with a rate structure. Smokehouse Bay Bridge Project: An update has been received from TY Lin Consulting Engineers . The latest cost estimate is based on the final revised plans and does not contain any incentives or alternatives that we may add to the package during the bid process. The estimate is City of Marco Island Florida Page 2 City Council Meeting Minutes January 21, 2014 slightly higher than the amount provided previously due to it being based on the final drawings rather than the preliminary drawings at that point in time. Council directed staff to prepare the necessary documents to put the project out for bid. Farmers’ Market Parking and Traffic: There has been higher than usual traffic at the weekly Farmers’ Market and Assistant Police Chief Baer has provided a plan for improvement of traffic flow and parking. The Police Department, Public Works, and Parks and Recreation will be monitoring the traffic so as to avert disruptions to the main arteries. Seawall Plans: Staff has met with seawall contractors to inform them of the incorrect information that was posted on two prior policy notifications from the Building Services Department under the former Chief Building Official. In the interim, contractors may continue to submit plans as they have been, until a policy decision is made by Council. Restaurant Seating: The Fire Department has completed their assigned listing of restaurants to inspect and have gathered the data on their assigned food service facilities. The inspections resulted in several fire code violations but none related to seating. Building Services: As of January 13, 2014, Mr. Jack Stravic became an employee of the City of Marco Island (Chief Building Official), as he was released from his contract with Bureau Veritas. Planning: The City has received the Marriott PUD Amendment proposal which proposes to amend Ordinance 01-14 to allow a parking deck on the northern half of the eastern parcel and to allow a maximum building height of 125-feet on the western side of the Marriott PUD. The City has also received a PUD titled “The Island Plaza PUD.” Staff has yet to review this submittal in great detail, however the properties included in the PUD boundaries include the CVS (i.e. Island Plaza) property, Progressive Auto sites (720 Bald Eagle Drive and 740 Bald Eagle Drive) and the Bargain Basket site. Fire Rescue Vessel: The fire rescue vessel will be christened on February 3rd at a special ceremony to take place at 3:00 p.m. at the Marco Island Yacht Club. The christening is open to the public. Virtual Server: The I.T. Department is in the final phases of setting up the data center virtualization project. Employee Recognition: Recognized Ms. Kate Whitson for assisting the Community Affairs Department over the last four weeks as that department had a vacancy after Ms. Lina Upham accepted the position of Purchasing and Risk Management Analyst and as Mr . Joseph Irvin has taken additional responsibilities as the Interim Community Affairs Director . Budget Report: Provided the first quarter budget status report for FY14. 1. CONSENT AGENDA A Minutes for Approval City of Marco Island Florida Page 3 City Council Meeting Minutes January 21, 2014 Attachments: Special Called Meeting Minutes 1-6-14 Regular Meeting Minutes 1-6-14 Special Called Meeting Minutes 1-13-14.pdf MOTION by Councilor Batte, seconded by Councilor Brown, that this Discussion Item be amended. MOTION CARRIED BY THE FOLLOWING VOTE: Approval of the Consent Agenda MOTION by Councilor Batte, seconded by Councilor Brown, to approve the Consent Agenda with corrections to the minutes of January 6, 2014 Regular Meeting. THE MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Councilor Batte, Councilor Brown, Chairman Honecker, Councilor Honig, Councilor Petricca and Vice-Chair Sacher Not Present: 1- Councilor Kiester COMMUNITY FORUM Mr. Bryan Milk, 1282 6th Avenue, provided a statement outlining the events that occurred prior to his dismissal as Director of Community Affairs , and requested an investigation into the matter to clear his name. Mr. Robert Popoff, 114 Kirkwood Street, commented that it appears that some Councilors are micromanaging the City Manager and that it is a violation of the City Charter. He cautioned Council of the legal ramifications of firing an employee without the benefit of due process and implored them to do the right thing. Mr. Mark Small, 505 8th Avenue South, Naples, commented about transparency, and stated that Council needs to call for an investigation into the dismissal of the Director of Community Affairs. Mr. Bill Flasche, 1085 Bald Eagle Drive, remarked that the citizens need to know why the decision was changed regarding the appeal by Progressive Auto . Recess: 7:00 p.m. to 7:10 p.m. It is noted for the record that the same Councilors were present when the meeting reconvened. 2 BUSINESS A. FY 2014 Budget Amendment Attachments: FY 2014 Budget Amendment.pdf 1st Quarter Budget Amendment Ordinance FY 2014.pdf (Editorial History: Each year the City prepares the budget based on estimated revenues and expenses for the upcoming year. During the course of the fiscal year, budget amendments and revisions are approved based on actual expenses. These amendments and revisions are combined into a Budget Amendment Ordinance for City Council’s consideration for the 1st Quarter of FY 2014.) Interim City Manager Guillermo Polanco read, by title only, the Ordinance on first reading. City of Marco Island Florida Page 4 City Council Meeting Minutes January 21, 2014 Budget Analyst Robert Lange provided background information and answered Council’s questions. Public Comment Mr. Bill McMullan, 1250 North Collier Boulevard, commented that he supports quarterly reporting of budget amendments and re-appropriations. MOTION by Councilor Petricca, seconded by Councilor Brown, that this Agenda Item be approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 5- Councilor Batte, Councilor Brown, Chairman Honecker, Councilor Petricca and Vice-Chair Sacher No: 1- Councilor Honig Not Present: 1- Councilor Kiester B. Replace five (5) utility vehicles. Attachments: YellowSheet_2013All_IncludedBackupFiles.pdf NO ACTION WAS TAKEN ON THIS ITEM BY COUNCIL. C. Funding for the Water & Sewer FY14 Capital Improvement Program as outlined in the Water & Sewer 5-year Capital Improvement Program. Attachments: FY14 Utilities CIP.pdf 5yr Utilities CIP.pdf (Editorial History: This was presented at the December 3, 2013 Utility CIP Workshop.) General Manager of the Water and Sewer Department Jeff Poteet provided background information and answered Council’s questions. Public Comment None. MOTION by Councilor Petricca, seconded by Chairman Honecker, that this Discussion Item be approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 4- Councilor Brown, Chairman Honecker, Councilor Petricca and Vice-Chair Sacher No: 2- Councilor Batte and Councilor Honig Not Present: 1- Councilor Kiester D. Financing Options for Unfunded Projects Attachments: Capital Projects Funding Options - Cash Capital Projects Funding Options - BQ Loan Capital Projects Funding Options - Half & Half Loan Amortization Schedules (Editorial History: Per Council’s request, the Finance Department has prepared a City of Marco Island Florida Page 5 City Council Meeting Minutes January 21, 2014 worksheet summarizing several options available for financing the Smokehouse Bay Bridge, Fire Station, and Mackle Park Community Center proposed projects.) Interim City Manager Guillermo Polanco provided information regarding available financing options for the unfunded projects and answered Council’s questions . Following a lengthy discussion Council concurred to table this item. Public Comment None. MOTION by Councilor Batte, seconded by Councilor Honig, that this Discussion Item be tabled. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Councilor Batte, Councilor Brown, Chairman Honecker, Councilor Honig, Councilor Petricca and Vice-Chair Sacher Not Present: 1- Councilor Kiester COUNCIL COMMUNICATIONS Councilor Petricca made an inquiry as to whether the City of Naples has a fire rescue boat. Fire Marshall Ray Munyon will report back to Councilor Petricca regarding his inquiry. Chairman Honecker asked Council to consider funding the cost of tuition for Finance Director Guillermo Polanco to obtain a Master’s Degree in Public Affairs Government , pointing out this would prove to be an asset to the City. Public Comment Dr. Fay Biles, President of the Marco Island Tax Payer’s Association, and a member of the Board of Directors of the Florida Gulf Coast University (FGCU), offered to look into the cost of tuition at FGCU for an online Master’s Degree program in Business Administration for Mr. Polanco. Mr. Bill McMullan, 1250 North Collier Boulevard, spoke in support of funding Mr. Polanco’s tuition. MOTION by Chairman Honecker requesting approval of the payment of tuition expenses at an online university (equivalent to the tuition at Florida Gulf Coast University) for Finance Director Guillermo Polanco, recognizing that a Graduate Degree for Mr. Polanco would be of benefit to the City of Marco Island in terms of his continuing responsibilities. Second by Councilor Petricca. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Councilor Batte, Councilor Brown, Chairman Honecker, Councilor Honig, Councilor Petricca and Vice-Chair Sacher Not Present: 1- Councilor Kiester FUTURE AGENDA No future agenda items were identified. CITY ATTORNEY’S REPORT City of Marco Island Florida Page 6 City Council Meeting Minutes January 21, 2014 A. Settlement agreement in the Dayton/Jessen public records lawsuit. MOTION by Councilor Brown to approve a settlement agreement in the amount of $15,000 for the Timothy J. Dayton, Regina L. Dayton, and Toni Jessen public records lawsuit. Second by Councilor Petricca. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Councilor Batte, Councilor Brown, Chairman Honecker, Councilor Honig, Councilor Petricca and Vice-Chair Sacher Not Present: 1- Councilor Kiester B. Settlement agreement of additional claims against the City of Marco Island by the Daytons. MOTION by Vice-Chair Sacher to approve a settlement agreement in the amount of $135,000 for additional claims against the City of Marco Island Building Department by Timothy J. Dayton and Regina L. Dayton. Second by Councilor Honig. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Councilor Batte, Councilor Brown, Chairman Honecker, Councilor Honig, Councilor Petricca and Vice-Chair Sacher Not Present: 1- Councilor Kiester C. City Manager’s employment agreement. MOTION by Chairman Honecker to approve the employment agreement between the City of Marco Island and Roger T. Hernstadt, with the inclusion of moving expenses, effective January 31, 2014. Second by Vice-Chair Sacher. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 5- Councilor Brown, Chairman Honecker, Councilor Honig, Councilor Petricca and Vice-Chair Sacher No: 1- Councilor Batte Not Present: 1- Councilor Kiester ADJOURN There being no further business to come before City Council, the meeting adjourned at 8:45 p.m. ___________________________________ Kenneth E. Honecker, Council Chairman ATTEST: ___________________________________ Laura Litzan, City Clerk City of Marco Island Florida Page 7 City Council Meeting Minutes January 21, 2014 PREPARED BY: ___________________________________ Sandra Schildhorn, Secretary City of Marco Island Florida Page 8