City Council

City of Marco Island Florida 51 Bald Eagle Drive Marco Island, Florida cityofmarcoisland.com Meeting Minutes - Final Monday, October 2, 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 October 2, 2017 1. Call to Order Chair Honig called the meeting to order at 5:30 P.M. 2. Roll Call Present: 7- Councilor Batte, Councilor Brown, Vice-Chair Grifoni, Councilor Reed, Councilor Rios, Councilor Roman and Chair Honig 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 Zach Simpson, Budget Analyst Daniel Smith, Director of Community Affairs Tim Pinter, Public Works Director Jeff Poteet, General Manager Water and Sewer Raul Perez, Building Official Lina Upham, Purchasing and Risk Manager Samantha Malloy, Parks Culture and Recreation Manager Leslie Sanford, Human Resources Manager Zach McGraw, Information Technology Senior Analyst Lisa Smith, Recording Specialist Citizens and Visitors 3. Invocation - Led by Rev. Duong Nguyen of San Marco Catholic Church 4. Pledge of Allegiance - Led by Edward Jones Financial Advisor Kevin O'Fee Chair Honig opened the meeting by giving a special thank you to City Staff whose preparation and performance were amazing during Hurricane Irma and to the Marco Island Community for coming together. 5. Approval of Agenda and Consent Agenda Councilor Rios requested removing Item 6-C (A Resolution authorizing the renewal of employee insurance plans) from the Consent Agenda. MOTION by Councilor Rios, seconded by Councilor Reed, to approve the Agenda as amended and the Consent Agenda. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Batte, Councilor Brown, Vice-Chair Grifoni, Councilor Reed, Councilor Rios, Councilor Roman and Chair 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.] (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 October 2, 2017 6. Consent Items A. (*)Approval of Minutes 1. ID 17-1905 Approval of the City Council Meeting Minutes of September 5, 2017. This item was approved under the Consent Agenda. 2. ID 17-1959 A Resolution Authorizing the Renewal of FY2018 Property & Casualty Insurance Coverage with Public Risk Insurance Agency (PRIA) This item was approved under the Consent Agenda. 3. ID 17-1961 A Resolution Authorizing the Renewal of Employee Insurance Plans (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 versus the coverage, and give the City their recommendations. Staff recommends approval of the consultant's recommendation of proposed coverage as we believe it is in the best interest of the City.) City Clerk Laura Litzan read into the record by title only, Resolution 17-97. This item was removed from the Consent Agenda by Councilor Rios. He questioned if the City was going to place a threshold on the City/Employee ratio percentages or continue with the dual options. Interim City Manager Guillermo Polanco responded this is a policy decision, however if Council would like to change it, he will bring it back for further consideration. Ms. Anna Maria Studley with the Gehring Group answered Council's questions and concerns MOTION by Councilor Rios, seconded by Councilor Brown, to approve Resolution 17-97, authorizing the renewal of employee insurance plans. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Batte, Councilor Brown, Vice-Chair Grifoni, Councilor Reed, Councilor Rios, Councilor Roman and Chair Honig 7. City Council Items A. Presentations 1. ID 17-1962 Proclamation for Domestic Violence Awareness Month On behalf of City Council, Chair Honig read a proclamation to Ms. Linda Oberhaus, Executive Director of The Shelter for Abused Women and Children declaring the month of October as Domestic Violence Awareness Month. City of Marco Island Florida Page 2 City Council Meeting Minutes - Final October 2, 2017 2. ID 17-1956 Priorities for the Collier County State Legislative Delegation - Lobbyist Ronald L. Book Marco Island City Lobbyist Ronald L. Book, 104 West Jefferson Avenue, Tallahassee Florida provided an update on the priorities for the Collier County State Legislative Delegation's Public Hearing for local bills and local budget requests. The session is scheduled for October 19, 2017 at the North Collier Regional Park, 15000 Livingston Road Naples, Florida at 9:00 A.M. Following discussion, Mr. Book suggested City Attorney Alan Gabriel examine if the City of Marco Island can obtain their own COPCN by local bill and if so, prepare a draft document and also research if the Sunshine Law can be suspended during a state of emergency, then forward that to the Attorney General's Office for an opinion. Council concurred unanimously on both suggestions from Mr. Book. It was determined the Interim City Manager will work with Public Works Director Tim Pinter on what the top priorities are going to be for water quality. Mr. Book advised Council there is a hard date of November 14, 2017 as a deadline for submissions of any house budget requests and reminded them of the new procedure where every budget requests gets filed as a bill, therefore complete accuracy is imperative. Public Comment: Mr. Mario Curiale, 820 Eubanks, asked if impact fees could be utilized if new buildings could be used as a shelter. Mr. Book replied he has not heard that suggested before and advised Mr. Curiale to come to the delegation and speak at public comment. Mr. Bob Olson, 900 Montego Court, questioned if the City can purchase vacant lots to be used as retention ponds. Mr. Book suggested filing an application with the Florida Communities Trust (FCT) for acquisition of the vacant lots. Mr. David Crain, 1076 Gayer Way, remarked there are no through canals from the north to the south ends of the island. He suggested installing a series of gates and check valves connecting the north and south ends of the island which would be beneficial. (THE MEETING WENT INTO RECESS AT 7:35 P.M. IT IS NOTED FOR THE RECORD THE SAME COUNCILORS WERE PRESENT WHEN THE MEETING RECONVENED AT 7:45 P.M.) B. Departmental Discussion Regarding Hurricane Irma Chair Honig asked each Department Director provide a summary of how their department prepared for the hurricane, what was done during the hurricane and the recovery afterwards. Guillermo Polanco - Interim City Manager Tim Pinter - Public Works Director Jeff Poteet - General Manager Water and Sewer Zach McGraw - Information Technology Department Chris Byrne - Safety Officer Fire Rescue Department Samantha Malloy - Parks Cultural and Recreation Manager Daniel Smith - Director of Community Affairs Raul Perez - Chief Building Official Al Schettino - Police Chief Mike Murphy - Fire Chief City of Marco Island Florida Page 3 City Council Meeting Minutes - Final October 2, 2017 C. Council Communications and Discussion (per 2f) - 15 minute limit Councilor Batte had no comment. Councilor Brown had no comment. Vice-Chair Grifoni supported Fire Chief Murphy's decision to transport the patient off island during the hurricane. He commented the staff reports have been amazingly helpful and suggested making those reports an agenda item. He spoke in favor of suspending permitting fees for hurricane related repairs. He commented on the youth council and suggested using the City's website for posting their applications. Councilor Reed commented on how grateful he is for City staff and thanked Police Chief Schettino on no looting that occurred during the storm. He commented on his previous white paper on the process of hiring a new City Manager and is asking Council to consider coming into the meeting where a protocol has been established in advance. Councilor Rios thanked City Staff for their sacrifices during Hurricane Irma. He spoke about an incident at the Esplanade Marina and asked the City Attorney if the City can enforce the control of the marina for no charters or liveaboards. City Attorney Alan Gabriel replied it is a zoning matter, no ordinance is needed and Code Enforcement can follow up if there is supporting evidence. Councilor Roman expressed her heartfelt thanks to the City Staff and the community for volunteering during the storm. She has asked Interim City Manager Guillermo Polanco to conduct a formal after action review with staff and to follow up with Collier County to make sure Marco Island is represented. Chair Honig commented on the temporary elimination of permitting fees. Following discussion, Council agreed unanimously to allow Interim City Manager Guillermo Polanco to administratively waive permitting fees related to Hurricane Irma repairs. 8. Citizens' comments on agenda items not scheduled for public hearing and items other than those appearing on the agenda. Ms. Jane Watt, 374 Red Bay Lane, Director of Marco Island Academy, thanked everyone for working tirelessly in effort to pull our community back together after Hurricane Irma. She commented on the amazing acts of kindness she has witnessed and listed everything she is thankful for. Ms. Bernadette Powers, 1154 Vernon Place, expressed her concern regarding the amount of debris in Old Marco and Waste Management not picking up bulk for the last three (3) weeks. She suggested areas be set up in vacant lots for wood chippers so the landscapers can expedite the clean up efforts. Ms. A.K. Battaglia, 39 North Collier Boulevard, commended Lee County Electric Company (LCEC) on their outstanding job restoring electric to the island. She noted she was disappointed in Comcast and that her main complaint is communication. She suggested the City post updates in strategic locations for those without power. She urged Council to make the regrading of swales a priority. Mr. Phillip Kostelnik, 121 Channel Court, thanked the residents who did not place their hurricane debris in the bicycle lanes and commented on his special hat in wears in honor of those serving our Country, past and present. He said the real heros and role models should be the ones who have served in the military, not the professional athletes who have chosen to not respect the national anthem. He then thanked every veteran who has ever served. City of Marco Island Florida Page 4 City Council Meeting Minutes - Final October 2, 2017 Mr.Bob Olson, 900 Montego Court, thanked LCEC and believes there needs to be a discussion on implementing key power lines underground. He made known his dissatisfaction with Ash-Britt for debris removal and Comcast for their slow response. He hopes the City can learn lessons from Hurricane Irma and regroup to make Marco Island a better City. Ms. Carole Roberts, 136 Shorecrest Court, expressed her heartfelt appreciation to all the leaders of Marco Island and all the volunteers who have assisted in the preparation and recovery efforts of Hurricane Irma. Mr. Andrew Kirlin, Beautification Advisory Committee, remarked on the number of trees lost in the City's right of way after Hurricane Irma. He believes the City should act fast on replacing the mature trees since they are in limited supplies. He suggested the City obtain bids for delivery of trees and not focus on the installation. Ms. Gladyvetter Benarroch, 847 Rose Court, business owner of Affordable Landscaping, thanked the City Manager and Council and advised Council that using social media as a way of communication worked. She then thanked those who have helped Puerto Rico and said she is blessed to call Marco Island her home. Ms. Diana Dohm 159 Copperfield Court, spoke on behalf of Marco Island Chamber of Commerce, Marco Island Fire Rescue Foundation and the Kwainis Club of Marco Island. She thanked the Fire Rescue Department, Police Department, City Council and all City employees who worked endlessly during and after Hurricane Irma. She asserted her disappointment in Collier County's decision to order our ambulance and EMS off Marco Island during Hurricane Irma, which left our residents vulnerable.She said it is imperative to continue all efforts in trying to obtain our own Certificate of Public Convenience and Necessity (COPCN). Mr. Jay Santigo, 378 Bald Eagle Drive, thanked the City employees and volunteers for assisting in a quick recovery. He is asking the City government to abolish permitting fees for hurricane related repairs and commented he is in favor of gun control. Ms. Regina Dayton, 280 South Collier Boulevard, advised Mr.Timothy Dayton ceded his time to her therefore she was allotted six (6) minutes to speak. She read a statement about the on-going issues in the building department. Mr. Mario Curiale, 820 Eubanks Court, owner of Marco Building Supplies thanked everyone and commented he is in favor of the new building codes that are in place. He questioned why his business was not listed on a flyer that was circulated throughout the City regarding if materials are needed to contact Sunshine Ace, Sunshine Hardware and Lowes. 9. Quasi-Judicial Public Hearings - None City of Marco Island Florida Page 5 City Council Meeting Minutes - Final October 2, 2017 10. Ordinances a. ID 17-1949 Ordinance - Second Reading - FY2018 Adoption of Millage Rate Ordinance - City of Marco Island (Editorial History: City Council is requested to consider on second 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 17-82. 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. On September 4, 2017 Governor Rick Scott issued Executive Order 17-235 (EO 17-235) in response to the threat of Hurricane Irma. As a result, the Florida Department of Revenue issued an Emergency Order Implementing Provisions of Executive Order 17-235 (Re: Hurricane Irma) waiving statutory timing requirements and providing additional specific requirements to local taxing authorities regarding millage and budget hearings to ensure consistent adequate notice is provided to taxpayers. Consistent with EO 17-235, these waivers and additional requirements are applicable in all Florida counties. 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 rate at the second hearing cannot exceed the tentatively adopted millage rate. THE MILLAGE RATE ON SECOND 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 taxing 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 on second reading, Ordinance 17-03. Public Comment: None MOTION by Councilor Brown, seconded by Councilor Rios, to approve Ordinance 17-03 on Second Reading FY2018 Adoption of Millage Rate Ordinance of City of Marco Island. MOTION CARRIED BY THE FOLLOWING VOTE:CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Batte, Councilor Brown, Vice-Chair Grifoni, Councilor Reed, Councilor Rios, Councilor Roman and Chair Honig City of Marco Island Florida Page 6 City Council Meeting Minutes - Final October 2, 2017 b. ID 17-1950 Ordinance - Second 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 second 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. On September 4, 2o17, Governor Rick Scott issued Executive Order 17-235 (EO 17-235) in response to the threat of Hurricane Irma. As a result, the Florida Department of Revenue issued an Emergency Order Implementing Provisions of Executive Order 17-235 (Re: Hurricane Irma) waiving statutory timing requirements and providing additional specific requirements to local taxing authorities regarding millage and budget hearings to ensure consistent adequate notice is provided to taxpayers. Consistent with EO 17-235, these waivers and additional requirements are applicable in all Florida counties. 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, Ordinance 17-04. Public Comment: None MOTION by Councilor Brown, seconded by Councilor Rios, to approve Ordinance 17-04 on second reading the FY2018 Adoption of Budget Ordinance for the City of Marco Island. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Councilor Batte, Councilor Brown, Vice-Chair Grifoni, Councilor Reed, Councilor Rios and Councilor Roman No: 1- Chair Honig c. ID 17-1951 Ordinance - Second 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. On September 4, 2017, Governor Rick Scott issued Executive Order 17-235 (EO 17-235) in response to the threat of Hurricane Irma. As a result, the Florida Department of Revenue issued an Emergency Order Implementing Provisions of Executive Order 17-235 (Re: Hurricane Irma) waiving statutory timing requirements and providing additional specific requirements to local taxing authorities regarding millage and budget hearings to ensure consistent adequate notice is provided to taxpayers. Consistent with EO 17-235, these waivers and additional requirements are applicable in all Florida counties. 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 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. City of Marco Island Florida Page 7 City Council Meeting Minutes - Final October 2, 2017 THE MILLAGE RATE ON SECOND READING IS 1.400 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 second 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 1.400 mils for district operations.) City Clerk Laura Litzan read by title only on second reading, Ordinance 17-05. Public Comment: None MOTION by Councilor Rios, seconded by Councilor Batte, to approve Ordinance 17-05 on second reading, FY2018 Adoption of Millage Rate Ordinance for Hideaway Beach Special Taxing District. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Batte, Councilor Brown, Vice-Chair Grifoni, Councilor Reed, Councilor Rios, Councilor Roman and Chair Honig d. ID 17-1952 Ordinance - Second 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 second reading approval of the Hideaway Beach Special 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 second have adopted a millage rate. On September 4, 2017, Governor Rick Scott issued Executive Order 17-235 (EO 17-235) in response to the threat of Hurricane Irma. As a result, the Florida Department of Revenue issued an Emergency Order Implementing Provisions of Executive Order 17-235 (Re: Hurricane Irma) waiving statutory timing requirements and providing additional specific requirements to local taxing authorities regarding millage and budget hearings to ensure consistent adequate notice is provided to taxpayers. Consistent with EO 17-235, these waivers and additional requirements are applicable in all Florida counties.) City Clerk Laura Litzan read into the record by title only, Resolution 17-06. Public Comment: None MOTION by Councilor Batte, seconded by Councilor Rios, to approve Ordinance 17-06 on second reading, FY2018 adoption of the budget ordinance for Hideaway Beach Special Taxing District. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Batte, Councilor Brown, Vice-Chair Grifoni, Councilor Reed, Councilor Rios, Councilor Roman and Chair Honig City of Marco Island Florida Page 8 City Council Meeting Minutes - Final October 2, 2017 11. Resolutions: None MOTION by Councilor Roman, seconded by Vice-Chair Grifoni, to extend the meeting for five (5) minutes. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Batte, Councilor Brown, Vice-Chair Grifoni, Councilor Reed, Councilor Rios, Councilor Roman and Chair Honig 12. Council Reports ID 17-1955 Discussion - Role of the City Council - Councilor Roman Councilor Roman summarized her position paper on the role of the City Councilor. She is recommending City Council take advantage of the Florida League of Cities presentation on the Role of City Council at the regular City Council meeting on October 16, 2017 or at a workshop on October 17 or 18, 2017. Following discussion, it was determined the Councilors were in favor however not the suggested dates. Councilor Roman will reach out to Director Scott Paine to try and schedule another date. 13. Future Agenda MOTION by Vice-Chair Grifoni, no second, to extend the meeting fifteen (15) minutes. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 5- Vice-Chair Grifoni, Councilor Reed, Councilor Rios, Councilor Roman and Chair Honig No: 2- Councilor Batte and Councilor Brown ID 17-1906 Future Agenda Items Councilor Rios is requesting a discussion on underground power lines. Councilor Roman is requesting a discussion on hurricane preparation of job sites. Vice-Chair Grifoni is requesting a proclamation honoring the volunteers of the City during Hurricane Irma and asked who is attending the delegation meeting on October 19, 2017. Chair Honig will prepare a summary of what was discussed tonight as an agenda item for the next City Council meeting. He is requesting a discussion item for a future agenda on urban resilience, follow up to employee survey, water and sewer options committee report and utility future. 14. City Manager's Report ID 17-1907 City Manager’s Report In the interest of time, Interim City Manager Guillermo Polanco yielded his time and Council concurred. 15. City Attorney's Report & Departmental Reports A. City Attorney Report - None City of Marco Island Florida Page 9 City Council Meeting Minutes - Final October 2, 2017 B. Departmental Reports ID 17-1960 Departmental Reports This item was discussed under Item 7-B (Departmental Discussion Regarding Hurricane Irma). 16. Citizens' Comments - None 17. Adjournment There being no further business to come before City Council, the meeting adjourned at 10:02 P.M. _______________________________________ Larry Honig, Council Chairman ATTEST: _________________________________________ Laura Litzan, City Clerk PREPARED BY: _________________________________________ Lisa Smith, Recording Specialist City of Marco Island Florida Page 10