City Council

City of Marco Island Florida 51 Bald Eagle Drive Marco Island, Florida cityofmarcoisland.com Meeting Minutes - Final Monday, February 5, 2018 5:30 PM Community Meeting Room City Council Chair: Jared Grifoni Vice-Chair: Charlette Roman City Council: Joe Batte, Bob Brown, Larry Honig, Howard Reed, Victor Rios Acting City Manager: Guillermo Polanco City Attorney: Alan L. Gabriel City Clerk: Laura Litzan City Council Meeting Minutes - Final February 5, 2018 1. Call to Order Chair Grifoni called the meeting to order at 5:30 P.M. 2. Roll Call Present: 7- Councilor Batte, Councilor Brown, Councilor Reed, Councilor Rios, Vice-Chair Roman, Chair Grifoni and Councilor Honig Also Present Dr. Lee A. Niblock, City Manager Alan L. Gabriel, City Attorney Laura Litzan, City Clerk Mike Murphy, Fire Chief Dave Batiato, Deputy Fire Chief Al Schettino, Police Chief Guillermo Polanco, Director of Finance Tim Pinter, Director of Public Works Jeff Poteet, General Manager - Water & Sewer Daniel J.Smith, Director of Community Affairs Raul Perez, Chief Building Official Samantha Malloy, Manager Parks, Recreation and Culture Jordan Turek, Information Technology Director Lisa Smith, Recording Specialist Officer William Miller, Marco Island Police Detail Officer Citizens and Visitors 3. Invocation - Led by Pastor Steve Schoof of Marco Presbyterian Church 4. Pledge of Allegiance - Led by Chair Grifoni 5. City Manager's Public Update City Manager Dr. Lee Niblock updated the Council and the public on the following topics: *Park improvements and repair (Provided by Parks, Culture and Recreation Manager Samantha Malloy) *Collier Boulevard crosswalk (Provided by Public Works Director Tim Pinter) *Yellowbird Street signage (Provided by Public Works Director Tim Pinter) *Yellowbird Street speed study (Provided by Police Chief Al Schettino) 6. Approval of agenda and consent agenda(*) Vice-Chair Roman requested removing Item 6-A-1 (Approval of the City Council Meeting Minutes of January 22, 2018) from the Consent Agenda. Chair Grifoni requested moving Item 7-B (Council Communications-Recap of January 30th "Role of City Council" Workshop) to Item 12 (Council Reports) and conducting regular Council Communications under Item 14 and there were no objections. City of Marco Island Florida Page 1 City Council Meeting Minutes - Final February 5, 2018 MOTION by Vice-Chair Roman, seconded by Councilor Rios, to approve the Agenda as amended and Consent Agenda. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Batte, Councilor Brown, Councilor Reed, Councilor Rios, Vice-Chair Roman, Chair Grifoni and 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.] (IT IS NOTED FOR THE RECORD, THE ITEMS ON THE AGENDA APPEAR IN NUMERICAL ORDER IN THE MINUTES.) A. (*)Approval of Minutes ID 18-046 Approval of the City Council Meeting Minutes of January 22, 2018. Vice-Chair Roman removed this item from the Consent Agenda. She is asking to amend the verbiage to include "the committee will continue to work on no cost and low cost solutions". The original motion read: "MOTION by Vice-Chair Roman, seconded by Councilor Rios, to direct the City Manager and his staff to review the Ad Hoc Parking Solution Committee's four (4) remaining zones; Old Marco, Herb Savage Way, Dumford Way and Muspa Way and forward his recommendation to City Council." The amended motion will now read: "MOTION by Vice-Chair Roman, seconded by Councilor Rios, to direct the Ad Hoc Parking Solution Committee to continue to work on no cost and low cost solutions and direct the City Manager and his staff to review the Ad Hoc Parking Solution Committee's four (4) remaining zones; Old Marco, Herb Savage Way, Dumford Way and Muspa Way and forward his recommendation to City Council." MOTION by Vice-Chair Roman, seconded by Councilor Rios, to approve the January 22, 2018 City Council Meeting Minutes as amended. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Batte, Councilor Brown, Councilor Reed, Councilor Rios, Vice-Chair Roman, Chair Grifoni and Councilor Honig B. (*)Resolutions - None 7. City Council Items A. Presentations: None B. Council Communications - Recap of January 30th Workshop Vice-Chair Roman thanked the Florida League of Cities and suggested the City Manager provide highlights from the staff's training session. City of Marco Island Florida Page 2 City Council Meeting Minutes - Final February 5, 2018 City Manager Lee Niblock provided a summary of staff's training. Following discussion, it was determined to send a letter of gratitude to Dr. Scott Paine, Director of Leadership Development and Education at the Florida League of Cities for conducting the "Role of City Councilor" workshop and followup training for staff. 8. Citizens' comments on agenda items not scheduled for public hearing and items other than those appearing on the agenda. Mr. Phillip Kostelnik, 121 Channel Court, wished the Ad Hoc Parking Solutions Committee good luck with their task of finding parking. He commented that the City must look to the future as more people and more vehicles come to Marco Island. He noted the full time, tax paying residents of Marco Island are losing their quality of life and hopes the City's goal isn't growth to become a second Miami Beach. Dr. Jerry Swiacki, 667 Thrush Court, commented on a medical incident last Thursday at Jewish Community Center and reiterated Marco Island needs their own ambulance service. Mr. Mario Curiale, 820 Eubanks Court, spoke on behalf of his neighborhood and is asking the City to prioritize the sidewalks and the lighting going from Town Center to Rose Marina. Ms. Barbara Murphy, 991 Collier Court, Vice-President of the Marco Island Fire/Rescue Foundation, thanked the Councilors who attended their annual luncheon where firefighter of the year was awarded. She announced firefighter of the year was presented to the entire team of the Marco Island Fire/Rescue Department, business of the year was awarded to Community Association Managers of Marco Island (CAMMI), the award of excellence was presented to City Council and she then provided an update on the status of the Certificate of Public Convenience and Necessity (COPCN). 9. Quasi-Judical Public Hearing: None 10. Ordinances: None 11. Resolutions for Adoption ID 17-2176 A Resolution Authorizing the City Manager to enter into an Agreement with DeAngelis Diamond Construction for Phase II (construction) of the Design-Build Contract for Fire Station 51 not to exceed the overall Project amount of $3,617,168. (Editorial History: On September 6, 2016 City Council passed Resolution 16-78 authorizing the City staff to proceed with contract negotiations with the DeAngelis Diamond for Design Build of Fire Station 50 and 51. The estimated cost for Fire Station 51 in their RFQ (Request for Qualification) was $2.2MM. On February 21, 2017 City Council approved Resolution 17-20 that provided scope of services, timelines and conditions of Phase I (design, site preparation, and permit) for Station 51. This phase was funded by a $250,000 grant from the State of Florida. Phase I was completed in September 2017 with architectural drawings and the plans being permit ready. The completed Phase I cost estimate was $2.7MM complete. The cost increases according to DeAngelis Diamond were attributed to the need for structural pilings, the underground water filtration system, the Marco Island location and rising costs associated with construction. In July 2017, the City was awarded an additional $750,000 grant from the State for actual construction. The City requested from DeAngelis Diamond a scope of service and cost to complete Phase II (construction and completion) of Fire Station 51. On November 20, 2017, DeAngelis Diamond returned a bid for construction only at $3,181,742. That bid did not include interior furnishings, appliances, City Project Management and contained a two (2%) percent contingency. Staff was concerned with the continued increases related to this project. In discussion, DeAngelis Diamond indicated that the resulting increases were because of rising construction cost post Hurricane Irma, project location and the availability of sub-contractors. Upon arrival of City Manager, Dr. Lee Niblock, staff reviewed the project City of Marco Island Florida Page 3 City Council Meeting Minutes - Final February 5, 2018 with him and expressed concerns. The City Manager immediately hired an outside consultant (Andrew Race) to do value engineering. Mr. Race had initial suggestions for potential cost savings and alternative construction methods from previous fire stations built with the City Manager. With guidance from the City Manager, key City staff members met and communicated with Mr. Race and DeAngelis Diamond. A secondary recommendation for an architectural firm to do peer review of the project was requested and completed by Rispoli & Associates.) City Clerk Laura Litzan read into the record by title only, Resolution 18-10. Marco Island Fire Chief Mike Murphy presented the project and answered Council's questions and concerns. Mr. Bryan Trtan, Estimator with DeAngelis Diamond, also answered Council's questions and concerns regarding the timetable and advised Council if a climatic event strikes, then it would delay the project and potentially incur additional cost however, regular summer rains will not increase the cost of this project. Marco Island Deputy Fire Chief Dave Batiato provided information regarding the project cost and answered Council's questions and concerns. Public Comment: Mr. Mario Curiale, 820 Eubanks Court, spoke as a commercial contractor and questioned the cost to build the new fire station based on the size. He is recommending to rebid the project or wait for the insurance settlement so the taxpayers do not get stuck with the bill. Mr. Jason Bailey, 1727 Dogwood Drive, spoke as a homebuilder and confirmed the price increases in materials and believes the cost of the firehouse is not unreasonable. He advised prices will continue to increase, getting more expensive if Council decides to wait to build. MOTION by Councilor Brown, seconded by Councilor Batte, to approve a Resolution 18-10, authorizing the City Manager to enter into an agreement with DeAngelis Diamond Construction for Phase II (construction) of the Design-Build Contract for Fire Station 51 not to exceed the overall Project amount of $3,617,168. NO VOTE TAKEN ON THIS MOTION Councilor Reed made a point of order prior to the vote saying his light was on and Chair Grifoni ruled to allow him to speak. Councilor Reed noted there is no cost saving in reducing the contingency fee. City Attorney Alan Gabriel advised Council if they make the amendment to reduce the contingency, then Council will need to change the final amount on the Resolution. Council agreed to allow the City Manager the latitude to modify the final amount on the Resolution after verifying the numbers with the Finance Director. MOTION by Councilor Brown, seconded by Councilor Batte, to approve a Resolution 18-10, authorizing the City Manager to enter into an agreement with DeAngelis Diamond Construction for Phase II (construction) of the Design-Build Contract for Fire Station 51 not to exceed the overall Project amount of $3,617,168. amended to reduce the contingency down to five (5%) percent from the proposed ten (10%) percent. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Batte, Councilor Brown, Councilor Reed, Councilor Rios, Vice-Chair Roman, Chair Grifoni and Councilor Honig City of Marco Island Florida Page 4 City Council Meeting Minutes - Final February 5, 2018 (THE MEETING WENT INTO RECESS AT 7:29 P.M. IT IS NOTED FOR THE RECORD THE SAME COUNCILORS WERE PRESENT WHEN THE MEETING RECONVENED AT 7:40 P.M.) 12. Council Reports a. ID 18-058 Discussion - Rules of Procedure Amendment - Chair Grifoni Chair Grifoni held a discussion on amending the Rules of Procedure which clarifies the matter for the public. Public Comment: None MOTION by Chair Grifoni, seconded by Councilor Honig, to approve the proposed amendments consistent with Councilor's Honig's grammatical changes. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Batte, Councilor Brown, Councilor Reed, Councilor Rios, Vice-Chair Roman, Chair Grifoni and Councilor Honig b. ID 18-062 Discussion -Ballot Referendum Resolution pertaining to the Certificate of Public Convenience & Necessity (COPCN) Issue. Chair Grifoni held a discussion on the ballot referendum pertaining to the Certificate of Public Convenience and Necessity (COPCN) and provided background information. City Attorney Alan Gabriel advised Council this item is for discussion purposes only and is not being identified for purposes of approval. Councilor Honig made a point of order saying Council just voted and approved the last item which was a discussion item and then withdrew his point of order. Council continue to engage in discussion. Public Comment: Mr. Michael Levine, 331 Capistrano Court, noted the general public does not understand the mill rate and suggested it be broken down to appraised value by hundred thousand to make it easier. Mr. Jerry Swiacki, 667 Thrush Court, thanked Council for bringing this up for discussion and commented that the reality is better service for medical care for the citizens of Marco Island if we have our own ambulance service and that should be reflected in the language. MOTION by Councilor Batte, seconded by Councilor Rios, to approve the Ballot Referendum Resolution pertaining to the Certificate of Public Convenience and Necessity (COPCN). NO VOTE TAKEN ON THIS MOTION MOTION by Councilor Batte, seconded by Councilor Rios, to move this item forward to a future agenda. NO VOTE TAKEN ON THIS MOTION City of Marco Island Florida Page 5 City Council Meeting Minutes - Final February 5, 2018 MOTION by Councilor Batte, seconded by Councilor Rios, to move this item forward to a future agenda, amended to include each Councilor email their ballot language suggestions to the City Manager and City Attorney. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Batte, Councilor Brown, Councilor Reed, Councilor Rios, Vice-Chair Roman, Chair Grifoni and Councilor Honig c. ID 18-064 Discussion - Request to Extend the Temporary Waiver of Permit Fees for Hurricane Irma related repairs to Roofs, Screened Enclosures, Fencing and Solar Collectors City Manager Lee Niblock held a discussion on the request to extend the temporary waiver of permit fees for Hurricane Irma related repairs to roofs, screened enclosures, fencing, solar collectors and advised Council of the unattended consequences of loss of revenue. Marco Island Chief Building Official Raul Perez answered Council's questions and concerns. Councilor Honig asked City Attorney Alan Gabriel if this is a conflict of interest as it would be a monetary benefit to him if he voted in the affirmative action. City Attorney Alan Gabriel replied it is his opinion it would not be a conflict of interest, however if Councilor Honig believes it is a conflict of interest he may abstain from voting, fill out the necessary form and submit it. Following discussion, it was determined Chief Building Official Raul Perez will forward Council an update on the loss of funds. City Manager Lee Niblock advised he could add an item as a "notation for record" and start reporting this on the first agenda of the month. Public Comment: Mr. Jason Bailey, 1727 Dogwood Drive, commented it is a noble gesture to waive the permit fees especially is the homeowner is under insured or does not have insurance but the insurance companies should pick up the permit fees. MOTION by Councilor Rios, seconded by Councilor Batte, to bring back a Resolution approving the request to extend the temporary waiver of permit fees for Hurricane Irma related repairs for roofs, screened enclosures, fencing and solar collectors through September 10, 2018. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Councilor Batte, Councilor Brown, Councilor Reed, Councilor Rios, Vice-Chair Roman and Chair Grifoni Abstain: 1- Councilor Honig 13. Future Agenda ID 18-048 Future Agenda Items Councilor Honig requested removing his discussion item on utility future from the future agenda. Councilor Rios commented on his item, resending zoning certification letters to businesses and Vice-Chair Roman called a point of order, asking if Council is discussing future agendas or adding topics. Chair Grifoni ruled adding topics and advised Councilor Rios this item is already on the future agenda and the next step is to submit his position paper. City of Marco Island Florida Page 6 City Council Meeting Minutes - Final February 5, 2018 Vice-Chair Roman requested adding the Ad Hoc Parking Solutions Committee to the Board and Committee Summary section of the future agenda. Chair Grifoni requested holding a discussion on Station 51 to explore the possibility of entering into litigation before the tolling agreement expires on March 5, 2018. Chair Grifoni commented on his item, Board of Collier County Commissioners (BCCC) meeting and is asking Councilors to bring potential topics to discuss for a future agenda in March. 14. Council Communications Councilor Batte had no comment. Councilor Brown had no comment. Councilor Honig had no comment. Councilor Reed had no comment. Vice-Chair Roman is asking the City Manager to provided Council a dollar amount for damages the City sustained from Hurricane Irma. She advised Council of a group called "The Greater Marco Long Term Recovery Group" which is a formalized group that would qualify for grant money and various things that would benefit the citizens of Marco Island. She asked the City Manager if there has been any response from Florida Department Environmental Protection (FDEP) regarding the destruction on the beach. Councilor Rios commented on the Collier County Commissioners proposal on a sales tax increase and believes Marco Island should be proactive in order to get their fair share. Chair Grifoni had no comment. 15. City Manager's Report - None 16. City Attorney's Report - None 17. Departmental Reports ID 18-049 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 18. Citizens' Comments - None City of Marco Island Florida Page 7 City Council Meeting Minutes - Final February 5, 2018 19. Adjournment There being no further business to come before City Council, the meeting adjourned at 9:09 P.M. ___________________________ Jared Grifoni, Council Chairman ATTEST: _________________________________________ Laura Litzan, City Clerk PREPARED BY: ________________________________________ Lisa Smith, Recording Specialist City of Marco Island Florida Page 8