City Council

City of Marco Island Florida 51 Bald Eagle Drive Marco Island, Florida cityofmarcoisland.com Meeting Minutes - Final Tuesday, September 5, 2017 5:30 PM Community Meeting Room City Council Chair: Larry Honig Vice-Chair: Jared Grifoni City Council: Joe Batte, Bob Brown, Howard Reed, Victor Rios, Charlette Roman Interim City Manager: Guillermo Polanco City Clerk: Laura Litzan City Attorney: Alan Gabriel City Council Meeting Minutes - Final September 5, 2017 1. Call to Order Chair Honig called the meeting to order at 5:30 P.M. 2. Roll Call Present: 6- Councilor Brown, Vice-Chair Grifoni, Councilor Reed, Councilor Rios, Councilor Roman and Chair Honig Absent: 1- Councilor Batte Also Present Guillermo Polanco, Interim City Manager/Finance Director Laura Litzan, City Clerk Alan L. Gabriel, City Attorney Mike Murphy, Fire Chief Al Schettino, Police Chief Jeff Poteet, General Manager Water and Sewer Lina Upham, Purchasing and Risk Manager Jordan Turek, Information Technology Director Lisa Smith, Recording Specialist Citizens and Visitors 3. Invocation - Led by Rev. Thomas McCulley of New Life Community Church 4. Pledge of Allegiance - Led by Beautification Committee Member Andrew Kirlin 5. Approval of Agenda and Consent Agenda Chair Honig requested a change in the order of the agenda, to add an agenda item (Presentation from City Staff regarding hurricane preparations) and Council concurred. MOTION by Councilor Roman, seconded by Councilor Rios, to approve the Agenda and Consent Agenda as amended. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Councilor Brown, Vice-Chair Grifoni, Councilor Reed, Councilor Rios, Councilor Roman and Chair Honig 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.] (IT IS NOTED FOR THE RECORD, THE ITEMS ON THE AGENDA APPEAR IN NUMERICAL ORDER IN THE MINUTES.) City of Marco Island Florida Page 1 City Council Meeting Minutes - Final September 5, 2017 6. Consent Items A. (*)Approval of Minutes 1. ID 17-1894 Approval of the City Council Budget Meeting Minutes of August 14, 2017. This item was approved under the Consent Agenda. 2. ID 17-1913 Approval of the City Council Special-Called “Closed” Session of August 21, 2017 - 4:00 p.m. This item was approved under the Consent Agenda. 3. ID 17-1914 Approval of the City Council Special-Called “Closed” Session of August 21, 2017 - 4:30 p.m. This item was approved under the Consent Agenda. 4. ID 17-1852 Approval of the City Council Meeting Minutes of August 21, 2017. This item was approved under the Consent Agenda. 5. ID 17-1917 Resolution - Approval of the Settlement of Litigation of Case #1501662CA, John DePrisco v. City of Marco Island, in the amount of $15,000.00. This item was approved under the Consent Agenda. 7. City Council Items A. Presentations ID 17-1933 A Proclamation Honoring the American Cancer Society’s Marco Island Relay for Life - #1 in the State of Florida in 2017 On behalf of City Council, Chair Honig read a proclamation honoring the American Cancer Society's Marco Island Relay for Life who achieved the ranking of number one in the State of Florida in 2017. B. A Presentation on Hurricane Preparations Interim City Manager Guillermo Polanco provided instructions to the public on hurricane preparations. He urged residents to have an action plan, to utilize resources available on the City's website and advised them that the City has already activated their CEMP (Comprehensive Emergency Management Program) after receiving Florida Governor Rick Scott's State of Emergency. Fire Chief Mike Murphy and Police Chief Al Schettino answered Council's questions and concerns regarding Hurricane Irma and what the consequences will be if residents choose to stay when the mandatory evacuation order is issued. City of Marco Island Florida Page 2 City Council Meeting Minutes - Final September 5, 2017 Public Comment: Mr. Ken Honecker, 632 Dorando Court, asked if the City was going to implement the sticker re-entry program and Fire Chief Mike Murphy responded no, however Collier County has a re-entry program and residents will need two (2) forms of identification that contains proof of residency in case you are stopped by law enforcement. B. Council Communications Councilor Batte was not present. Councilor Roman provided an update on the community needs assessment and advised Council Ms. Jackie Pierce will be contacting them to make arrangements to participate in that survey. She thanked all those who participated in Marco Island's 20th Anniversary week and Collier County for the additional bicycle racks for South Beach. She encouraged Council to explore www.ibts.org which is a 501(c)(3) nonprofit organization committed to helping jurisdictions meet the needs of their citizens with greater agility, efficiency, and full transparency. Councilor Reed questioned if there is a proposal to do an investigation by a private company regarding allegations made during the employee survey related to the Police Department. He commented on the letter to the editor written by Chair Honig where it stated someone has been hired to do this and is seeking clarification. Chair Honig responded that the Interim City Manager made a decision to employ an individual to look at the allegations made in the Police Department and he reported that to the public. Interim City Manager Guillermo Polanco explained he has not hired anyone, that he only has a proposal, which will need Council approval due to the amount. Councilor Rios asked if the drain filters in the swales were going to be removed in preparation of the hurricane. Interim City Manager replied yes, it was started this morning. Chair Honig invited Council and the public to attend a study given by Florida Gulf Course University (FGCU) on October 4, 2017 at the Collier County Government Center on the 5th floor regarding infrastructure implications for sea level rise for municipalities. Chair Honig commented on emails received from citizens objecting utilizing funds from Utilities to pay for the roads. He noted that in 2014, there was a chance to refund debt that the utility fund did not have so the government fund lent those funds and have not been paid back. Interim City Manager Guillermo Polanco advised they are working with the Bond Counsel and they have no objections. 8. Citizens' comments on agenda items not scheduled for public hearing and items other than those appearing on the agenda. Mr. James Timmerman, 831 Perrine Court, supported Fire Chief Mike Murphy's warning to evacuate and he provided an updated on the Ocean Habitats. Mr. Andrew Kirlin, 1915 Sheffield Avenue, disclosed himself as a member of Marco Island Beautification Advisory Committee, commented that his property was cited by Code Enforcement for having trees in the swales which is not being equally applied throughout the City. He is asking Council to place a moratorium on this code until it is placed on an agenda for discussion. Police Chief Al Schettino responded he is not familiar with this particular violation, but will look into it. City of Marco Island Florida Page 3 City Council Meeting Minutes - Final September 5, 2017 Mr. Ed Deichmeister, 323 South Heathwood Drive, advised the City currently has an application to plant in the right of way and is in favor of Mr. Kirlin keeping his trees in the right of way. Mr. Ken Honecker, 632 Dorando Court, commented on the interaction between Council and speakers during public commented and suggested Council extend the time instead of making citizens wait for the second public comment at the end of the meeting. He is asking if the employee survey is going to be posted on the City's website. He spoke about Council giving Goodland Road back to Collier County and questioned how Council was going to reconcile the spending cap. 9. Quasi-Judicial Public Hearings - None 10. Ordinances a. ID 17-1929 Ordinance - First Reading - FY2018 Adoption of Millage Rate Ordinance - City of Marco Island (Editorial History: City Council is requested to consider on first reading a total of four (4) separate ordinances for the 2018 Budget. This ordinance conforms with the discussions made at the July 17, 2017 Budget Workshop with respect to the tentative millage per Resolution 17-62. It is for the official adoption of the millage rate for the City of Marco Island. Section 200.065, Florida Statutes, governs the budget adoption process. The Truth in Millage ("TRIM") statute establishes a detailed time line and approval process that includes the requirement for two (2) public hearings held in the month of September and separate ordinances for establishing tax levies and approval of annual budgets. In order to be in compliance with the TRIM regulations, City Council is required to take four (4) separate actions in a specified order. At each of the public hearings, the public may speak and ask questions before Council adopts any measures. Council must adopt a millage rate before it adopts a budget. The millage rate and budget must be adopted by separate votes at the advertised hearing. The final millage at the second hearing cannot exceed the tentatively adopted millage rate. THE MILLAGE RATE ON FIRST READING IS 1.8976 MILS FOR CITY OPERATIONS AND 0.0821 MILS FOR CITY VOTED DEBT SERVICE. ANY CHANGE APPROVED BY CITY COUNCIL WILL BE REFLECTED ON SECOND READING. At the hearing, before the adoption of the millage levy ordinances, the following must be announced: * The name of the principal taxing authority is the City of Marco Island, Florida * The current year aggregate rolled-back rate is 1.9616 mils * The change over the aggregate rolled-back rate is 0.20 percent * The millage rate to be levied is 1.8976 mils for City of Marco Island operations and 0.0821 mils for City voted debt service for a total of 1.9797 mils * The City has a dependent special district and the Board of Supervisors of the Hideaway Beach Special Taxing District has recommended a tax levy of 1.400 mils for district operations.) City Clerk Laura Litzan read into the record by title only, Ordinance 17-04. Public Comment: Mr. Ken Honecker, 632 Dorando Court, commented Council normally sets the millage rate a little higher so it can be lowered later and with a major catagory five (5) hurricane coming, the extra revenue might have been needed. MOTION by Councilor Rios, seconded by Councilor Brown, to approve Ordinance 17-04 on First Reading FY2018 Adoption of Millage Rate Ordinance of City of Marco Island. MOTION CARRIED BY THE FOLLOWING VOTE: City of Marco Island Florida Page 4 City Council Meeting Minutes - Final September 5, 2017 Yes: 6- Councilor Brown, Vice-Chair Grifoni, Councilor Reed, Councilor Rios, Councilor Roman and Chair Honig Not Present: 1- Councilor Batte b. ID 17-1919 Ordinance - First Reading - FY2018 Adoption of Budget Ordinance - City of Marco Island (Editorial History: This is the second of the required ordinances in the budget adoption process, with first reading approval of the City budget. The budget is presented as a separate document for consideration by City Council. Section 200.065, Florida Statutes, governs the budget adoption process. The Truth in Millage ("TRIM") statute establishes a detailed time line and approval process that includes the requirement for two (2) public hearings held in the month of September and separate ordinances for approval of annual budgets. In order to be in compliance with the TRIM regulations, City Council is required to take separate actions in a specified order. At all the public hearings, the public may speak and ask questions before the Council adopts any measures. Before Council adopts a budget, it must first have an adopted millage rate. Water and Sewer Fund is presented with budgeted revenues based on projected water and sewer sales for fiscal year 2017 and a two (2%) percent increase in rates per the City's 2013 bond documents and a one (1%) percent decrease to the surcharge, with no allowance for potential changes in usage due to weather, conservation, or other factors.) City Clerk Laura Litzan read into the record, by title only on first reading, Ordinance 17-05. Chair Honig presented a chart on Code Compliance Expenditures. He expressed his concerns with the Code Enforcement Department and believes it is being abused with selective enforcement. He would rather see these extra funds go to the Fire Rescue Department to improve the BLS statistics that Collier County EMS Chief Tabatha Butcher provided. Councilor Brown made a point of order asking if the discussion was about Code Enforcement or Chief Tabatha Butcher's presentation. Chair Honig responded he is trying to make a point about Code Compliance expenditures. Public Comment: Mr. Ken Honecker, 632 Dorando Court, spoke in favor of the Community Service Officers (CSO). He commented on the million dollars coming from the utility and questioned if the transfer would violate the spending cap. MOTION by Councilor Brown, seconded by Councilor Rios, to approve Ordinance 17-05 on first reading the FY2018 adoption of budget ordinance for the City of Marco Island. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 5- Councilor Brown, Vice-Chair Grifoni, Councilor Reed, Councilor Rios and Councilor Roman No: 1- Chair Honig Not Present: 1- Councilor Batte (THE MEETING WENT INTO RECESS AT 7:15 P.M. IT IS NOTED FOR THE RECORD THE SAME COUNCILORS WERE PRESENT WHEN THE MEETING RECONVENED AT 7:30 P.M.) Before recess commenced, Fire Chief Mike Murphy advised Council he received a phone call from State Representative Bob Rommel who offered his assistance and support during Hurricane Irma. City of Marco Island Florida Page 5 City Council Meeting Minutes - Final September 5, 2017 c. ID 17-1931 Ordinance - First Reading - FY2018 Adoption of Millage Rate Ordinance - Hideaway Beach Special Taxing District (Editorial History: This ordinance is the adoption of the millage rate for the Hideaway Beach Special Taxing District. Section 200.065, Florida Statutes, governs the budget adoption process. The Truth in Millage ("TRIM") statute establishes a detailed time line and approval process that includes the requirement for two (2) public hearings held in the month of September and separate ordinances for establishing tax levies and approval of annual budgets. In order to be in compliance with the TRIM regulations, City Council is required to take separate actions in a specified order. At each of the public hearings, the public may speak and ask questions before Council adopts any measures. Council must adopt a millage rate before it adopts a budget. The millage rate and budget must be adopted by separate votes at the advertised hearing. The final millage rate at the second hearing cannot exceed the tentatively adopted millage rate. THE MILLAGE RATE ON FIRST READING IS 1.4000 MILS FOR DISTRICT OPERATIONS. ANY CHANGE APPROVED BY CITY COUNCIL WILL BE REFLECTED ON SECOND READING. Required public hearing announcements will be made prior to consideration of the first ordinance and not repeated. * The name of the taxing authority is Hideaway Beach District * The current year rolled-back rate is 1.1543 mils. * The Hideaway Beach District is a dependent special district of the City and the Board of the Hideaway Beach Special Taxing District has recommended a tax levy of 1.4000 mils for district operations.) City Clerk Laura Litzan read into the record, by title only Ordinance 17-06. Public Comment: None MOTION by Councilor Rios, seconded by Councilor Brown, to approve Ordinance 17-06 on first reading, FY2018 Adoption of Millage Rate Ordinance for Hideaway Beach Special Taxing District. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Councilor Brown, Vice-Chair Grifoni, Councilor Reed, Councilor Rios, Councilor Roman and Chair Honig Not Present: 1- Councilor Batte d. ID 17-1932 Ordinance - First Reading - FY2018 Adoption of the Budget Ordinance - Hideaway Beach Special Taxing District (Editorial History: This is the last of the required ordinances in the budget adoption process, with first reading approval of the Hideaway Beach Taxing District Budget predicated on a fiscal year 2018 millage of 1.4000. Section 200.065, Florida Statutes, governs the budget adoption process. The Truth in Millage ("TRIM") statute establishes a detailed time line and approval process that includes the requirement for two (2) public hearings held in the month of September and separate ordinances for approval of annual budgets. In order to be in compliance with the TRIM regulations, City Council is required to take separate actions in a specified order. At all the public hearings, the public may speak and ask questions before the Council adopts any measures. Before Council adopts a budget, it must first have adopted a millage rate.) City Clerk Laura Litzan read into the record, by title only Ordinance 17-07. Public Comment: None City of Marco Island Florida Page 6 City Council Meeting Minutes - Final September 5, 2017 MOTION by Councilor Rios, seconded by Councilor Roman, to approve Ordinance 17-07 on first reading, FY2018 adoption of the budget ordinance for Hideaway Beach Special Taxing District. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Councilor Brown, Vice-Chair Grifoni, Councilor Reed, Councilor Rios, Councilor Roman and Chair Honig Not Present: 1- Councilor Batte e. ID 17-1918 Ordinance - First Reading - Amending Exhibit “A” Utility Rate Schedule to Ordinance 2003-19. (Editorial History: In accordance with the City's Bond Counsel instructions, the annual Cost of Living Adjustment (COLA) rate adjustment is required to be submitted 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 five (5) years, PRMG recommended an increase of seven (7%) percent for the first year, comprised of a 1.9 COLA adjustment and a 5.1 rate adjustment, and additional COLA increases in subsequent years as shown below. On August 19, 2013 the City Council passes Resolution 13-16 stating the intent to increase rates as recommended by the Feasibility Study. The ordinance adopts a 2.3% increase scheduled to start on November 1, 2017. Per the City's debt service requirements for its capacity related bonds, the six (6%) percent surcharge fees can be decreased by one (1%) percent.) City Clerk Laura Litzan read in the record by title only, an ordinance on first reading, amending exhibit "A" Utility Rate Schedule to Ordinance 2003-19. Public Comment: None MOTION by Councilor Brown, seconded by Councilor Reed, to approve an Ordinance on first reading, amending Exhibit “A” Utility Rate Schedule to Ordinance 2003-19. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Councilor Brown, Vice-Chair Grifoni, Councilor Reed, Councilor Rios, Councilor Roman and Chair Honig Not Present: 1- Councilor Batte f. ID 17-1898 Ordinance - First Reading - Amending the Comprehensive Plan’s Future Land Use (FLU) Element by changing the land use designation from the Planned Unit Development (PUD) and revising the text and map to facilitate a Community Facility (CF) use for the property known as Veterans’ Community Park (Elkcam Circle PUD) located at 901 Park Avenue. (Editorial History: City Council has directed City Staff and City Attorney's office to rezone property known as Veterans' Community Park located at 901 Park Avenue, Marco Island from Elkcam Circle PUD to Community Facility for a park use. This rezoning would require a change to the City's Comprehensive Plan. The Ordinance making such a change, along with the staff report and FLU maps are attached to this agenda item. Please note that this change is done solely to accomodate the land use change from PUD to Community Facility.) City Clerk Laura Litzan read into the record by title only, an ordinance on first reading, amending the Comprehensive Plan's Future Land Use (FLU) Element. City of Marco Island Florida Page 7 City Council Meeting Minutes - Final September 5, 2017 Public Comment: None MOTION by Councilor Rios, seconded by Councilor Roman, to approve an Ordinance on first reading, Amending the Comprehensive Plan’s Future Land Use (FLU) Element by changing the land use designation from the Planned Unit Development (PUD) and revising the text and map to facilitate a Community Facility (CF) use for the property known as Veterans’ Community Park (Elkcam Circle PUD) located at 901 Park Avenue. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Councilor Brown, Vice-Chair Grifoni, Councilor Reed, Councilor Rios, Councilor Roman and Chair Honig Not Present: 1- Councilor Batte g. ID 17-1899 Ordinance - First Reading - Rezoning property known as Veterans’ Community Park located at 901 Park Avenue from Elkcam Circle PUD to Community Facility of park use. (Editorial History: City Council has directed staff and the City Attorney to rezone property known as Veterans' Community Park located at 901 Park Avenue from Elkcam Circle PUD to Community Facility for park use.) City Clerk Laura Litzan read into the record by title only, an Ordinance on first reading, rezoning property known as Veterans' Community Park. Public Comment: None MOTION by Councilor Rios, seconded by Vice-Chair Grifoni, to approve an Ordinance on first reading, Rezoning property known as Veterans’ Community Park located at 901 Park Avenue from Elkcam Circle PUD to Community Facility of park use. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 5- Vice-Chair Grifoni, Councilor Reed, Councilor Rios, Councilor Roman and Chair Honig No: 1- Councilor Brown Not Present: 1- Councilor Batte h. ID 17-1900 Ordinance - First Reading - Repealing the Transfer of Density Rights as outlined in Section 38 of the Marco Island Code of Ordinances. (Editorial History: City Council has directed staff and the City Attorney to remove the density transfer program from the Code of Ordinances.) City Clerk Laura Litzan read into the record by title only, an Ordinance on first reading, repealing the transfer of density rights as outlined in Section 38 of the Marco Island Code of Ordinances. Public Comment: None MOTION by Councilor Rios, seconded by Vice-Chair Grifoni, to approve an Ordinance on first reading, Repealing the Transfer of Density Rights as outlined in Section 38 of the Marco Island Code of Ordinances. MOTION CARRIED BY THE FOLLOWING VOTE: City of Marco Island Florida Page 8 City Council Meeting Minutes - Final September 5, 2017 Yes: 5- Vice-Chair Grifoni, Councilor Reed, Councilor Rios, Councilor Roman and Chair Honig No: 1- Councilor Brown Not Present: 1- Councilor Batte 11. Resolutions - None 12. Council Reports ID 17-1916 Discussion - Procedures for City Manager Candidate Selection - Councilor Reed Councilor Reed summarized his position paper on the procedures for the selection of Marco Island City Manager. 13. Future Agenda ID 17-1855 Future Agenda Items Councilor Roman is requesting two (2) discussion topics for a future agenda; the roll of City Council and City Election improvements. Vice-Chair Grifoni is requesting a proclamation and or a resolution supporting Constitution Day which is on Sunday, September 17, 2017. Councilor Rios is requesting a discussion on the use of plastic straws on the beach for a future agenda. Chair Honig is removing the Harvard School of Design topic from a future agenda. 14. City Manager's Report ID 17-1853 City Manager’s Report Interim City Manager Guillermo Polanco provided his report and answered Council's questions and concerns. 15. City Attorney Report & Departmental Reports A. City Attorney Report ID 17-1915 City Attorney’s Monthly Report City Attorney Alan Gabriel provided his report and answered Council's questions and concerns. City of Marco Island Florida Page 9 City Council Meeting Minutes - Final September 5, 2017 B. Departmental Reports ID 17-1854 Monthly Departmental Reports Council has agreed to forego the departmental reports by staff unless Council has a specific question for the department head. Fire Department Monthly Staff Report - Chief Mike Murphy Water & Sewer Monthly Staff Report - General Manager Jeff Poteet Public Works Monthly Staff Report - Director Tim Pinter Police Department Monthly Staff Report - Chief Al Schettino 16. Citizens' Comments - None 17. Adjournment There being no further business to come before City Council, the meeting adjourned at 8:03 P.M. _______________________________________ Larry Honig, Council Chairman ATTEST: _________________________________________ Laura Litzan, City Clerk PREPARED BY: _________________________________________ Lisa Smith, Recording Specialist City of Marco Island Florida Page 10