City Council

City of Marco Island Florida 51 Bald Eagle Drive Marco Island, Florida cityofmarcoisland.com Meeting Minutes - Final Monday, March 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 March 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 Guillermo Polanco, Acting City Manager Laura Litzan, City Clerk Alan L. Gabriel, City Attorney Mike Murphy, Fire Chief Dave Batiato, Deputy Fire Chief Al Schettino, Police Chief Dave Baer, Police Captain Tim Pinter, Director of Public Works Jeff Poteet, General Manager - Water & Sewer Daniel J.Smith, Director of Community Affairs Samantha Malloy, Manager Parks, Recreation and Culture Zachary McGraw, Information Technology Senior Network Specialist Lisa Smith, Recording Specialist Alan Brown, Marco Island Police Detail Officer Citizens and Visitors 3. Invocation - Led by Family Church Elder Donald Pecora 4. Pledge of Allegiance - Led by Beach and Coastal Resources Advisory Committee Member Ray McChesney 5. City Manager's Public Update Acting City Manager Guillermo Polanco updated the Council and the public on the following topics: Police Chief Al Schettino provided the following updates on what Marco Island Police Department is doing in order to assist in keeping the children safe since the mass school shooting that occurred on Valentine's Day, February 14, 2018 at Marjory Stoneman Douglas High School in Parkland Florida: *has augmented full staffing of police officers in all three (3) schools till the end of the school year *utilized auxiliary officers and overtime *boosted patrols at the schools *held meetings with Collier County Sheriff's Office and Naples Police Department for mutual aid *discussions regarding Governor Richard Scott's proposal for funding *increase manpower for the next school year Public Works Director Tim Pinter provided an update on the following: *Jolley Bridge lighting from Florida Department of Transportation (FDOT) will be going out to bid this month and then the award of contract will potentially be in May *traffic delay northbound Collier Boulevard today was from the contractor straightening the flag pole City of Marco Island Florida Page 1 City Council Meeting Minutes - Final March 5, 2018 6. Approval of Agenda and Consent Agenda Councilor Rios requested removing Item 6-B-1 (Resolution for the Lease-Turn in of a Pierce Platform Tower Truck) from the Consent Agenda. MOTION by Councilor Rios, seconded by Vice-Chair Roman, to approve the Agenda as amended and the 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 18-091 Approval of the City Council Meeting Minutes of February 20, 2018. This item was approved under the Consent Agenda. B. (*) Resolutions ID 18-123 A Resolution for the Lease-Turn in of a Pierce Platform Tower Truck (Editorial History: During the FY 2018 budget process City Council approved the replacement of our thirteen-year old 2005 Aerial Apparatus. The original delivery was scheduled for September 2018, however Staff backed off the delivery date until November 2018. Moving delivery to the FY 2019 Budget year allows a delay of the first lease turn-in payment until March 2019. Currently, our 2005 Aerial Apparatus does not meet the most recently recommended National Fire Protection Association 1901 safety standards. Other major issues that have been identified are reliability and repair. Post Hurricane Irma, this unit is showing significant corrosion to many electrical components and their accompanying wiring harness’. In addition, our maintenance provider has a concern regarding engine, transmission and/or driveline failure due to their age. The new recommended Aerial Apparatus is a Pierce Impel Ascendant PUC manufactured in Appleton, Wisconsin purchased through the Florida dealer, Ten-8 Fire Equipment, Bradenton. This is the same manufacturer as our other Fire Units, which help standardize parts and repairs. Delivery is expected at nine-months from the order. Staff is currently exploring options to sell or trade our existing Aerial Apparatus. Staff anticipates $80,000; however, a final value has not been set. Ten-8 Fire Equipment has indicated they will assist in brokering the deal if needed but are unable to give a guaranteed trade-in/salvage.) City Clerk Laura Litzan read into the record by title only. Resolution 18-19. Councilor Rios removed this item from the Consent Agenda. He is questioning the $8500. fee earmarked for travel for two (2) trips to the factory for four (4) members which includes hotel, meal and airfares. City of Marco Island Florida Page 2 City Council Meeting Minutes - Final March 5, 2018 Deputy Fire Chief Batiato confirmed the dollar amount and noted there are four (4) members on their committee but believes only three (3) committee members will travel on each trip. Public Comment: None MOTION by Councilor Brown, seconded by Councilor Honig, to approve Resolution 18-19, the Lease-Turn in of a Pierce Platform Tower Truck. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Batte, Councilor Brown, Councilor Reed, Councilor Rios, Vice-Chair Roman, Chair Grifoni and Councilor Honig 7. City Council Items A. Presentations 1. ID 18-074 Proclamation to Commend Police Officers Willem Hernandez & Jeffrey Stafford for taking Extraordinary & Heroic Rescue Measures to save an Individual’s Life Chair Grifoni read a proclamation commending Marco Island Police Officers Jeffrey Stafford and Willem Hernandez for saving an individual’s life. Police Chief Al Schettino presented both officers a State of Florida Life Saving Award Pin to proudly wear on their uniforms. 2. ID 18-128 Website Enhancements for City Elections City Clerk Laura Litzan provided a slideshow presentation on website enhancements for City elections and answered Council's questions and concerns. Vice-Chair Roman provided her other election improvement recommendations and suggested putting this item on a future agenda for further discussions. 8. Citizens' comments on agenda items not scheduled for public hearing and items other than those appearing on the agenda. Mr. Denis Morales, 431 Swiss Court, spoke of school violence as a national epidemic. It is his hope that this Council will lead the City to the front of the proactive line in addressing this growing epidemic. He urged Council to support Police Chief Al Schettino's request to hire three (3) full time, trained and certified Law Enforcement Officers to place in each of the three (3) schools on Marco Island as School Resource Officers (SRO) to provided our children with an immediate on scene line of defense and a much shortened response time for the arriving police units that in turn yields a measurable lessening in the loss of life. Mr. Phillip Kostelnik, 121 Channel Court, questioned when the raised sewer cover lids on San Marco Road were going to be fixed as he has been in front of this Council several times addressing this issue and asked why the City is dragging its feet. He reiterated safety must be a priority and thanked Police Chief Schettino and Fire Chief Murphy for their concerns for the citizens and tourists. Ms. Mercedes Fabregas, 449 Persian Court, introduced herself as a retired New York City Lieutenant but spoke as a concerned parent whose child attends Marco Island Academy (MIA). She commented on the unsecured buildings at MIA that do not have perimeter fencing. She requested Council permanently assign a Marco Island Police Officer to each of the three (3) schools on Marco Island and thanked Police Chief Schettino for stepping up immediately after the mass shooting in assigning officers to the schools. Mr. Philip Smith, 1027 Admiralty Court, commented on the lack of security even coming into Council Chambers and suggested surveillance and metal detectors be implemented. His main concern is for the safety of his grandchildren and is asking Council to do whatever is necessary to make that happen. City of Marco Island Florida Page 3 City Council Meeting Minutes - Final March 5, 2018 Ms. Ava Rieigliano, 1306 Bayport Avenue, wanted to show her support for the Marco Island Police Department and she trusts them to keep her children safe in the schools. Mr. Ray McChesney, 1753 Granada Drive, read the email from City Manager Lee Niblock to Councilor Honig and asked what was meant by the "St. Valentine's Day Massacre". Mr. Jerry Swiacki, 667 Thrush Court, announced a political action committee has been formed called "Our City Our Ambulance" which he is the Chair. Their mission is to inform the citizens of Marco Island about ambulance facts and figures. He provided his email and phone number (grswiacki@comcast.net and 239-207-9115) for citizens and advised a website (www.ourcityourambulance.com) is currently under construction. He is seeking assistance in getting information out to the community and donations. He asked people in the audience to stand to show their support. Mr. Joe Oliverio, 616 Nassau Road, provided photos to Council prior to the meeting and asked what the status is of the alleyway Dumford Way maintenance, which is a no cost solution suggestion from the Ad Hoc Parking Solutions Committee. Mr. Al Musico, 907 Panama Court, representing the Maxime Club of Marco Island Condominium, advised Council they have hired Turrell, Hall and Associates to replace their seawall in 2020 and there is a conflict in the code where they can not apply for a side setback variance under the current structure of the code. Ms. Kathleen Reynolds, 1685 Ludlow Road, is seeking clarification on two (2) points; why City Manager Lee Niblock contacted Councilor Honig because an employee exercised their first amendment right and made critical comments reported on by other employees and secondly why Councilor Honig directed City staff to become engaged in work. She expressed her level of disappointment in reading the email from City Manager Lee Niblock to Councilor Honig where it stated a St. Valentine's Day Massacre for City staff. She went on record to say that type of language is unacceptable for a public figure. She believes that this behavior constitutes sufficiency for City Council to end the current chaotic condition in the City and is asking Council to do whatever is necessary to terminate this employment for cause. Mr. Juan Munera, 2059 Sheffield Avenue, supports of the comments made by Mr. Denis Morales regarding the security of the children on Marco Island. Councilor Brown made a point of information, asking the Chair to extend public comment and Chair Grifoni ruled in his favor. Mr. Paul Cantwell, 141 Beachcomber Drive, addressed Councilor Honig's email with City Manager Lee Niblock specifically the comment "the St. Valentine's Day Massacre will be a little late this year" and finds it hard to believe Councilor Honig doesn't know what that means. He said it appears there were discussions between them and he hopes the St Valentine's Day Massacre does not mean he will go out and fire the Police Chief, Fire Chief or any other department heads. 9. Quasi-Judicial Public Hearings: None City of Marco Island Florida Page 4 City Council Meeting Minutes - Final March 5, 2018 10. Ordinances a. ID 18-106 Ordinance - Second Reading - An Ordinance Prohibiting the Use of Plastic Straws by Businesses Located Beachward of Collier Boulevard (Editorial History: During the October 16, 2017 City Council meeting, Councilor Rios presented a position paper relating to the ban of plastic straws on Marco Island beaches. Marco Island Beach and Coastal Resources Advisory Committee discussed this topic during their October 18, 2017, November 15, 2017 and January 17, 2018 meetings and expressed their support for this type of ban. The first reading of the Ordinance was approved by Council on February 20, 2018 by a vote of 7-0. The following changes have been made to the ordinance for the second reading: * Definition of a straw was added * Mandate for the businesses to clean “their” portion of the beach was added * Map depicting the beach was added to the ordinance as an Appendix A. Currently Section 54 “Waterways and Beaches” of the Marco Island Code of Ordinances defines beach as the sand portion of land lying seaward of a seawall or line of permanent vegetation and landward of the mean high water line. This Ordinance, if passed, will be incorporated into Section 54. Staff believes that between the existing definition of the beach and map, which will become the part of an Ordinance, it should become clear whom exactly it applies to.) City Clerk Laura Litzan read into the record by title only, an Ordinance 18-06 on second reading, prohibiting the use of plastic straws by businesses located beachward of Collier Boulevard. Councilor Reed suggested amending the motion instead of removing Section 2-D- Violations, leave that section and add a $50.00 penalty; however Councilor Honig did not concur. Public Comment: Ms. Ruth McCann Chair of the Beach and Coastal Resources Advisory Committee, 819 Buttonwood Court, thanked Council for considering approval of this ordinance and quoted statistics regarding plastic straws. Mr. Marcus Borman Resident Manager of the JW Marriott Marco Island Beach Resort, said they voluntarily eliminated plastic straws and currently use biodegradable straws and fully supports this ordinance. Ms. Barbara Murphy, 991 Collier Court, implored Council to be bold and eliminate plastic straws completely in Marco Island. MOTION by Councilor Honig, seconded by Councilor Reed, to approve Ordinance 18-06, prohibiting the use of plastic straws by businesses located beachward of Collier Boulevard, amended to strike Section C, strike Section D and retitled to eliminate the wording "and establishing a beach cleaning mandate". NO VOTE TAKEN ON THIS MOTION MOTION by Councilor Honig, seconded by Councilor Reed, to approve Ordinance 18-06, prohibiting the use of plastic straws by businesses located beachward of Collier Boulevard striking Section C, Section D and retitled to eliminate the wording "and establishing a beach cleaning mandate" amended to remove the verbiage "lodging establishment". 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 5 City Council Meeting Minutes - Final March 5, 2018 b. ID 18-107 Ordinance- Second Reading - An Ordinance Enacting the City of Marco Island Stormwater Control Ordinance (Editorial History: The City of Marco Island was notified by the Florida Department of Environmental Protection (FDEP), that based on the 2010 census, Marco Island is now located within an urbanized area and therefore our master drainage system is considered to be a municipal separate storm sewer system (MS4) that is regulated by the Federal Clean Water Act. The FDEP regulations require that owners and operators of MS4s obtain a National Pollutant Discharge Elimination Systems (NPDES) permit and to develop and implement a management program. In February 2015, the City submitted a Notice of Intent to use the Generic FDEP permit. On March 19th, 2015, the FDEP provided the City with acceptance of our use of a Phase II Municipal Separate Strom Sewer System (MS4) Generic Permit which allows our City to discharge stormwater into receiving waters, if we implemented the Stormwater Management Program (SWMP) that was included within our permit application and to comply with all the requirements of the Phase II MS4 Generic Permit. During the City Council meeting on July 15th, 2015, the Public Works Director presented Council with the City of Marco Island Stormwater Management Program that was mandated by the FDEP notice. By unanimous vote, Council approved Resolution No. 15-59 approving the City of Marco Island Stormwater Management Program and authorized the City Manager to implement the program in fiscal Year 2016. As part of the tasks required to implement the Program was the creation of a Stormwater Control Ordinance and to have it implemented during year 3 of the 5-year permit process. The attached Ordinance complies with the MS4 permit requirements and provides the City with methods to track illicit discharges and construction site runoff controls. The Waterways Advisory Committee reviewed the draft Ordinance several times and on October 19th, 2017 moved to advance the amended Ordinance to the Planning Board for review. The Planning Board heard the proposed Ordinance on November 3rd, 2017. The City Council voted to approve on first reading at their January 22nd, 2018 by a vote of 6 -1 (Opposed: Councilor Reed), with comments and conditions to be revised and added by the City Attorney.) City Clerk Laura Litzan read into the record by title only, Ordinance 18-07 on second reading, enacting the City of Marco Island Stormwater Control Ordinance. Public Works Director Tim Pinter provided background information and answered Council's questions and concerns. City Attorney Alan Gabriel advised Council he attempted to make the recommended changes from Council as directed but it was determined those changes would not be compliant with federal requirements for clean water or the Southwest Florida Water Management District and it would be contrary to the current code. Following discussion, Council recommended the following changes: *Section 18-215-Stormwater treatment for land development activities - remove in its entirety *line 237 - Construction Activity - add verbiage "results in a substantial change to the property" *line 567 - add verbiage "only if actual violation is determined" *line 587- "All structures and process down" need to be removed Councilor Honig made a point of order asking if the motion maker would amend the motion to include the above changes and Chair Grifoni ruled in his favor. Councilor Batte seeked the advise of the City Attorney before concurring. City Attorney Alan Gabriel responded that this ordinance adopts the Southwest Florida Water Management and federal regulations and incorporates the definitions and Council is proposing to change those; however it is better to have something than nothing at all. Following the City Attorney's comments, both the motion maker and second concurred. City of Marco Island Florida Page 6 City Council Meeting Minutes - Final March 5, 2018 Public Comment: Mr. Jason Bailey, 1727 Dogwood Drive, is in favor of removing Section 18-215 and questioned if the definition of a substantial change is the same definition that Federal Emergency Management Agency (FEMA) uses or use a percentage of the improved value of the property. Mr. David Rasmussen, 1495 Caxambas Court, commented on new construction occuring next to his residence where there are no calculations for how much land coverage is occurring and no plans for water retention. He said he has brought it to the attention of the City and nothing is being done. Mr. Alex Parker with AP Builders, 527 Bald Eagle Drive, remarked building costs are going up dramatically especially after Hurricane Irma and believes this will be a contractors issue. He encouraged Council to remove lines 861 and 862 that addresses Florida Licensed Professional Engineer. Mr. Ken Honecker, 632 Dorando Court, considers this ordinance an extremely complicated mess and needs to be simplified. He commented on government over reach and if an ordinance is created then a cost benefit analysis that explains the costs to the citizens and a sunset clause to see if it has met its goals and objectives and he doesn't see those in this ordinance. MOTION by Councilor Batte, seconded by Vice-Chair Roman, to approve Ordinance 18-07 on second reading, Enacting the City of Marco Island Stormwater Control Ordinance. NO VOTE TAKEN ON THIS MOTION MOTION by Councilor Batte, seconded by Vice-Chair Roman, to approve Ordinance 18-07 on second reading, Enacting the City of Marco Island Stormwater Control Ordinance, amended to include Council's recommendations. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Batte, Councilor Brown, Councilor Reed, Councilor Rios, Vice-Chair Roman, Chair Grifoni and Councilor Honig (THE MEETING WENT INTO RECESS AT 7:51 P.M. IT IS NOTED FOR THE RECORD THE SAME COUNCILORS WERE PRESENT WHEN THE MEETING RECONVENED AT 8:01 P.M.) 11. Resolutions for Adoption a. ID 18-115 A Resolution Awarding the Contract for the 2018 Annual Street Resurfacing Project, to the Lowest Responsible Bidder, Pavement Maintenance, LLC, in the Amount of $1,739,582.00. (Editorial History: At the request of the City Council, the Public Works Department advertised bids for the 2018 Annual Street Resurfacing Project. The project will consist of resurfacing the following streets: •San Marco Road from Copperfield to Heathwood, Templewood to Barfield and Barfield to Balmoral. •Tigertail Court from Collier Boulevard to Hernando Drive •Kendall Drive from Collier Boulevard to Renard Court •Residential Group 2-NE Island Quadrant The project was advertised on January 19th, 2018 and bids were received and opened on February 22nd, 2108. The City received five (5) bids as follows: 1. Pavement Maintenance, LLC $1,739,582.00 2. Preferred Materials $1,823,266.25 3. Ajax Paving $1,878,426.66 4. Community Asphalt $1,954,000.00 5. Quality Enterprises $2,199,969.15 City of Marco Island Florida Page 7 City Council Meeting Minutes - Final March 5, 2018 The engineers estimate for this project was $ 1,795,000.00. The award of the contract for the construction of the 2018 Annual Street Resurfacing Project is recommended based on the lowest responsible bid.) City Clerk Laura Litzan read into the record by title only, Resolution 18-17. Public Works Director Tim Pinter provided background information and answered Council's questions and concerns. Public Comment: None MOTION by Councilor Brown, seconded by Councilor Rios, to approve Resolution 18-17 awarding the contract for the 2018 Annual Street Resurfacing Project, to the lowest responsible bidder, Pavement Maintenance, LLC, in the Amount of $1,739,582.00. 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 18-117 A Resolution to enter into a Contract with Kimley-Horn and Associates, Inc. pertaining to the Veterans’ Community Park Master Plan and Site Plan (Editorial History: On November 6, 2017, City Council approved Resolution 17-108 to proceed with Contract negotiations with Kimley-Horn Associates, Inc. On January 16, 2018 James Pankonin, of Kimley-Horn and Associates, Inc. presented a Draft Scope of Service proposal to the City of Marco Island’s Parks and Recreation Advisory Committee. On February 20, 2018 the City of Marco Island Parks and Recreation Advisory Committee voted to recommend moving forward with the Scope of Services and inter into a contract with Kimley-Horn and Assoc., Inc.) City Clerk Laura Litzan read into the record by title only, Resolution 18-18. Mr. Carlos Portu Chair of the Parks and Recreation Advisory Committee introduced Mr. James R. Pankonin, Project Manager with Kimley-Horn and Associates who answered Council's questions and concerns. Public Comment: Ms. Dawn Kuhn was called to speak but left the meeting. Mr. Ken Honecker, 632 Dorando Court, noted that in order for this to be successful, it requires this Council to fund this project, whether that's by raising taxes or borrowing money because without that component, it won't get finished. MOTION by Councilor Rios, seconded by Councilor Honig, to approve Resolution 18-18, to enter into a contract with Kimley-Horn and Associates, Inc. pertaining to the Veterans’ Community Park Master Plan and Site Plan. 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 18-129 A Resolution Making Appointments to the Ad Hoc Hurricane Review Committee (Editorial History: At the January 22, 2018 meeting, City Council established the Ad Hoc Hurricane Review Committee by Resolution 18-08. The positions were advertised, and those applications received were distributed to Council via email on February 14, 2018. The following timeline details the related activities: City of Marco Island Florida Page 8 City Council Meeting Minutes - Final March 5, 2018 *Advertise Vacancies - Starting January 23, 2018 - assigned to City Clerk *Accept Applications - January 23, 2018 - February 14, 2018 - assigned to City Clerk *Interview Applicants - February 14, 2018 - March 5, 2018 - assigned to City Council *Make Appointments - March 5, 2018 - assigned to City Council The selection ballot provided by Chair Grifoni is attached.) City Clerk Laura Litzan advised Council there is an error in Section three (3) but has already been corrected and read into the record by title only, Resolution 18-20. Each Councilor signed and dated their scoring card and turned it into the City Clerk to tally the votes. City Attorney Alan Gabriel and City Clerk Laura Litzan tallied the votes and announced the results: *Ron Myers - 6 votes *Allyson Richards - 6 votes *Jim Von Rinteln - 6 votes It is noted for the record, there is a three (3) way tie with Ron Hagerman, Margie Hapke and Brianna Ogdin each receiving four (4) votes. A second vote was conducted to determine which candidate would be the alternate. City Attorney Alan Gabriel and City Clerk Laura Litzan tallied the votes and announced the results: *Brianna Ogdin is declared the alternate Public Comment: None MOTION by Councilor Rios, seconded by Vice-Chair Roman, approving Resolution 18-20, appointing Ron Hagerman, Margie Hapke, Ron Myers, Allyson Richards, Jim Von Rinteln and Brianna Ogdin as the alternate to the Ad-Hoc Hurricane Review Committee. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Councilor Batte, Councilor Reed, Councilor Rios, Vice-Chair Roman, Chair Grifoni and Councilor Honig No: 1- Councilor Brown 12. Council Reports a. ID 18-116 Discussion - Joint Meeting with Board of County Commissioners - Chair Grifoni Chair Grifoni held discussion on conducting a joint workshop with the Collier County Board of Commissioners and asked each Councilors what topics they would like to include. The following topics were suggested: Councilor Honig * How to cope with growth population forecast based on building permits and how to cope with the growth? * arrangement for sheriff patrols on Marco Island * encourage the County to form an agreement with Airbnb Councilor Rios * beach clean up with trash collection and removal Councilor Brown * invite the County to Marco Island City of Marco Island Florida Page 9 City Council Meeting Minutes - Final March 5, 2018 Councilor Batte * is not in favor of a joint meeting until the COPCN issue has been resolved Chair Grifoni * parking * Certificate of Public Convenience and Necessity (COPCN) Following discussion, it was determined by consensus (vote 6-1 Councilor Batte opposed) for Acting City Manager Guillermo Polanco draft a letter including possible dates, forward to Council for review and if approved forward to Collier County Manager Leo Ochs to see if they are in agreement for a joint meeting. b. ID 18-119 Discussion - Employee Survey - Councilor Honig Councilor Honig held a follow up discussion on the employee organizational climate survey. He provided background information then highlighted some of the negative comments on the survey made regarding the Police Department. He suggested City Council offer encouragement to Acting City Manager Gil Polanco to proceed with Deliverable #2 of the outside consultant’s proposed 6-part study aimed at enhancing the organizational culture of the Police Department, including adding community focus groups as needed. Discussions ensued and Councilor Brown asked Police Chief Schettino if he would like to respond. Police Chief Schettino addressed the comments made by Councilor Honig. MOTION by Councilor Brown, seconded by Councilor Rios, to extend the meeting fifteen (15) minutes till 9:45 P.M. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Batte, Councilor Brown, Councilor Reed, Councilor Rios, Vice-Chair Roman, Chair Grifoni and Councilor Honig Public Comment: Mr. Paul Cantwell, 141 Beachcomber Drive, believes Councilor Honig could have presented his issues with the survey regarding Police Department in a more classful way. He commented Councilor Honig read several anonymous answers from the questions instead of just saying there are problems within the Police Department and give examples. Councilor Honig did not mention any positive or good reviews from the Police Department and questioned why he is dragging the Police Department through the dirt. Dr. Robert McArdle, 780 Willow Court, noted if you take a survey that is a double blind, neither the experimenter or the participant knows the other, it's only the result at the end. He commented names were redacted but if it were truly a double blind, then no names would have been there to redact. He believes the validity of the survey was very poor. Mr. Ken Honecker, 632 Dorando Court, said instead of wasting money on this witch hunt, why doesn't Council use the $20,000. to place a police officer in each one of the schools on Marco Island and that this is a waste of money and time. Mr. Vernon Gebreth, 252 Edgewater Court, spoke as a retired Commander from the New York Police Department with forty-six (46) years of service. He commented he has seen a lot of surveys and a lot of agendas and this is an agenda delivered survey that was set up to hurt the Chief of Police. He is impressed with what the Chief has accomplished on Marco Island. Following public comment, Councilor Batte went on record to say he does not support Acting City Manager Guillermo Polanco getting involved in this matter and asked the Chair for consensus. City of Marco Island Florida Page 10 City Council Meeting Minutes - Final March 5, 2018 Chair Grifoni ruled the decision would be left up to the City Manager on how to proceed. Acting City Manager Guillermo Polanco commented based on the comments made, he would not move forward with the consultant's review. c. ID 18-127 Discussion - Ballot Referendum Resolution Pertaining to the Certificate of Public Convenience & Necessity (COPCN) Issue. This item was deferred. MOTION by Councilor Brown, no second, to adjourn the meeting. MOTION FAILED BY THE FOLLOWING VOTE: Yes: 1- Councilor Brown No: 6- Councilor Batte, Councilor Reed, Councilor Rios, Vice-Chair Roman, Chair Grifoni and Councilor Honig d. ID 18-125 Discussion - Priorities for the Proposed Collier County 1% Collier County Infrastructure Sales Tax This item was deferred. MOTION by Councilor Rios, seconded by Councilor Honig, to extend the meeting thirty (30) minutes to 10:15 P.M. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 5- Councilor Reed, Councilor Rios, Vice-Chair Roman, Chair Grifoni and Councilor Honig No: 2- Councilor Batte and Councilor Brown 13. Council Communications - None 14. Future Agenda ID 18-092 Future Agenda Items Vice Chair Roman recommended placing on the committee update, the Beach and Coastal Resources Advisory Committees revisit paragraph C and D of the Ordinance and research vendor permits. She asked for an update on the Ad Hoc Parking Solutions Committee's next meeting. She also requested to add other election improvements to the next City Council meeting. Chair Grifoni asked for the sign ordinance to be placed on the next City Council meeting and the Beautification Advisory Committee update for a future agenda. 15. City Manager's Report a. ID 18-112 City Manager’s Report In the interest of time, Acting City Manager Guillermo Polanco yielded his time and Council concurred. City of Marco Island Florida Page 11 City Council Meeting Minutes - Final March 5, 2018 b. ID 18-095 Letter from County Manager Leo E. Ochs, Jr. regarding Marco Island Ambulance Service Alternatives This item was deferred until the March 19, 2018 City Council meeting. 16. City Attorney's Report Councilor Batte asked the City Attorney for an update on the negotiations between himself and City Manager Lee Niblock who is on paid administrative leave. City Attorney Alan Gabriel advised they are still in negotations with Mr. Sawyer Smith, attorney representing Mr. Lee Niblock. He noted the investigation is still pending and is being pursued. With regard to the question as to how to proceed and come forward with a proposal for Council, they have not reached a conclusion. He is hopeful by the next meeting, they will have reached a resolution and Mr. Sawyer Smith concurred. 17. Departmental Reports ID 18-093 Monthly Departmental Reports Council has agreed to forego the departmental reports by staff unless Council has a specific question for the department head. 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. Citizen's Comments - None 19. Adjournment There being no further business to come before City Council, the meeting adjourned at 10:08 P.M. ___________________________ Jared Grifoni, Council Chairman ATTEST: _________________________________________ Laura Litzan, City Clerk PREPARED BY: ________________________________________ Lisa Smith, Recording Specialist City of Marco Island Florida Page 12