City Council

City of Marco Island Florida 51 Bald Eagle Drive Marco Island, Florida cityofmarcoisland.com Meeting Minutes - Final Monday, April 2, 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 April 2, 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 Al Schettino, Police Chief Tim Pinter, Director of Public Works Jeff Poteet, General Manager - Water & Sewer Daniel J.Smith, Director of Community Affairs Jordan Turek, Director of Information Technology Lisa Smith, Recording Specialist WIlliam Miller, Marco Island Police Detail Officer Citizens and Visitors 3. Invocation - Led by Rabbi Mark Gross of the Jewish Congregation of Marco Island 4. Pledge of Allegiance - Led by Mr. Alex Parker of AP Builders 5. City Manager's Public Update Acting City Manager Guillermo Polanco updated the Council and the public on the following topic: *AshBritt Environmental will be conducting their second pass through for removing debris from Marco Island waterways. 6. Approval of Agenda and Consent Agenda(*) Councilor Brown requested removing Item 6-B-2 (Resolution providing for reimbursement of the Capital Project Fund from park impact fees for expenditures related to the acquisition of goods and services for the design and construction of the Mackle Park Community Center) from the Consent Agenda. MOTION by Councilor Rios, seconded by Councilor Brown, to the 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.) City of Marco Island Florida Page 1 City Council Meeting Minutes - Final April 2, 2018 A. (*)Approval of Minutes ID 18-143 Approval of the City Council Meeting Minutes of March 19, 2018. This item was approved under the Consent Agenda. B. (*)Resolutions 1. ID 18-180 Resolution Accepting an Easement from Venetian Investments, LLC for a Bike Path and Sidewalk Located on Landmark Street Adjacent to the Marco Walk Shopping Center; and Authorizing the Release of Cash Escrow in the Amount of $100,000. This item was approved under the Consent Agenda. 2. ID 18-182 Providing for Reimbursement of the Capital Project Fund from Park Impact Fees for Expenditures related to the Acquisition of Goods & Services for the Design & Construction of the Mackle Park Community Center. Councilor Brown removed this item from the Consent Agenda. He is questioning if funds for replacement and or maintenance type items can be used from impact fees. Acting City Manager Guillermo Polanco explained the process and City Attorney Alan Gabriel provided clarification. City Clerk Laura Litzan read into the record by title only, Resolution 18-26. Public Comment: Mr. Ken Honecker, 632 Dorando Court, noted that you can not use impact fees for replacement items, it should be a reappropriation back to the bucket plan and he would not vote in favor of this item. MOTION by Councilor Reed, seconded by Chair Grifoni, to approve Resolution 18-26, providing for reimbursement of the Capital Project Fund from Park Impact Fees for expenditures related to the Acquisition of Goods and Services for the Design and Construction of the Mackle Park Community Center. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 5- Councilor Brown, Councilor Reed, Vice-Chair Roman, Chair Grifoni and Councilor Honig No: 2- Councilor Batte and Councilor Rios 7. City Council Items A. Presentations 1. ID 18-169 Proclamation for Gopher Tortoise Day On behalf of City Council, Chair Grifoni read a proclamation to officially adopt April 10th as "Gopher Tortoise Day". City of Marco Island Florida Page 2 City Council Meeting Minutes - Final April 2, 2018 2. ID 18-176 Bike Path Volunteer Committee Update Mr. Alan Musico, Chair of the City of Marco Island Bicycle Pathways Committee, introduced President of the Florida Bicycle Association Patty Huff who presented Marco Island the "2017 Bicycle Pedestrian Advisory Committee Award". Chair Musico provided City Council with an update on the Committee's progress on the completion of the Pathways Master Plan, the upcoming funding opportunities from the local Metropolitan Planning Organization and the Florida Department of Transportation, and answered Council's questions and concerns. Following the presentation, Chair Musico requested a formal motion from Council to re-endorse the master plan and the unfunded priorities. Chair Grifoni suggested forwarding this request to the next agenda in the form of a resolution. B City Manager Search - Chair Grifoni / Councilor Reed ID 18-179 Discussion - City Manager Search Process - Chair Grifoni and Councilor Reed Chair Grifoni and Councilor Reed both submitted position papers on the City Manager search process and each provided a summarization of their proposals and included background information regarding the previous consultant, The Mercer Group. Following Chair Grifoni and Councilor Reed's recommendations, discussions ensued. MOTION by Councilor Rios, no second, to hire Mr. David Frasier, the second finalist in the City Manager search as a temporary City Manager for a period of six (6) to twelve (12) months to mentor Acting City Manager Guillermo Polanco. MOTION FAILED FOR LACK OF SECOND After the motion failed, Council continued to engage in a lengthy discussion on each of the proposals in addition to their own recommendations. Public Comment: Mr. Phillip Kostelnik, 121 Channel Court, referenced Thomas Edison's invention of the lightbulb and said Council should follow Edison's lead when selecting a City Manager which is to keep trying a new method until they succeed. He said now is the time to change the experiment and let the registered voters elect a Mayor for the City of Marco. Mr. Ken Honecker, 632 Dorando Court, noted he has seen every City Manager search with the exception of one (1) and knew the search was going to fail based on the process. He said there is a tendancy on Council who have A-type personalities that want to take control of the process. He suggested Council take a year off since there will be new members on Council in November, stick with Acting City Manager Guillermo Polanco for a year, place the Mercer Group on notice to exercise their services again and to do more thorough background checks. City of Marco Island Florida Page 3 City Council Meeting Minutes - Final April 2, 2018 Mr. Ray Seward, 287 Rockhill Court, believes this Council lacks transparency. He commented on his successful business experience by surrounding himself with good people and he does not see that in this Council. He is in support of hiring Acting City Manager Guillermo Polanco and agrees with Council Brown and Councilor Batte in a cooling off period. He said that the people have endured enough. Mr. Mike Cunningham, 848 South Heathwood Drive, commented that Council's weakness is hiring City Managers and the process is a joke. He said only two (2) Councilors have common sense and that Acting City Manager Guillermo Polanco is qualified to do the job. Mr. Ken Honecker, 632 Dorando Court, commented on hearing a bunch of secret candidates that the citizens know nothing about and asked what happened to a fresh start in the sunshine that the four (4) Councilors ran on. He said the right way to vote on this motion is "No" and keep Acting City Manager Guillermo Polanco where he is and take a year off to rest. Mr. Michael Levine, 331 Capistrano Court, asked if anyone has asked whether or not Acting City Manager Guillermo Polanco would agree to Councilor Rio's suggestion. He asked why Council is considering hiring candidates they have already rejected. He believes Acting City Manager Guillermo Polanco has the ability and could train to learn the job. MOTION by Chair Grifoni, seconded by Councilor Honig, to reach out to the prior candidates including those who have expressed interest already to re-determine if they have an interest in the City of Marco Island and that list also include Acting City Manager Guillermo Polanco to determine if he has interest and receive affirmative consent to a background check, credit check, criminal history check and references on all of them. NO VOTE TAKEN ON THIS MOTION MOTION by Chair Grifoni, seconded by Councilor Honig, to reach out to the prior candidates including those who have expressed interest already to re-determine if they have an interest in the City of Marco Island and that list also include Acting City Manager Guillermo Polanco to determine if he has interest and receive affirmative consent to a background check, credit check, criminal history check and references on all of them, amended to include any candidate Council has received outreach from to determine if they have interest and willing to be subject to background checks and bring that list back to City Council. MOTION FAILED BY THE FOLLOWING VOTE: Yes: 3- Vice-Chair Roman, Chair Grifoni and Councilor Honig No: 4- Councilor Batte, Councilor Brown, Councilor Reed and Councilor Rios (THE MEETING WENT INTO RECESS AT 7:25 P.M. IT IS NOTED FOR THE RECORD THE SAME COUNCILORS WERE PRESENT WHEN THE MEETING RECONVENED AT 7:30 P.M.) 8. Citizens' comments on agenda items not scheduled for public hearing and items other than those appearing on the agenda. Mr. David Shagott, 1700 Bounty Court, advised Council he and his wife are members of the Marco Island Racquet Center and pickleball is the fastest growing recreational sport in the United States. He noted the number of players has tripled but the capacity of the courts has not kept up. He is asking Council to allocate funds in this years budget for repairs of the deteriorating courts and not resurfacing the parking lot. He has a report that he will forward to City Clerk Laura Litzan to distribute to City Council. City of Marco Island Florida Page 4 City Council Meeting Minutes - Final April 2, 2018 Ms. Dawn Kuhn, 505 Tigertail Court, also commented on pickleball and noted there are twenty-one (21) condominumns on Marco Island that offer pickleball but those are private. Marco Island only has one (1) court. She believes if the City builds more courts it will generate more revenue and is asking Council to pass their budget for this coming year. Mr. Len Schuman, 220 South Collier Boulevard, read into the record a letter to the editor he wrote on March 30 in the Marco Island Eagle titled "Three Cheers to Tallahassee" regarding the Certificate of Public Convenience and Necessity (COPCN). He invited members of the community to attend a town hall meeting by the Political Action Committee "Our City Our Ambulance" at Mackle Park on Thursday, April 5, 2018 at 5:30 to discuss the referendum in August. Mr. Joseph Oliverio, 616 Nassau Road, updated Council on the activities of the Ad Hoc Parking Solutions Committee and advised that Dumford Way has been marked for clean up and they have located some storm sewers have been paved over for years. 9. Quasi-Judicial Public Hearings: None 10. Ordinances: None 11. Resolutions for Adoption: None 12. Council Reports a. ID 18-177 Discussion - Priorities for the Proposed Collier County 1% Collier County Infrastructure Sales Tax Acting City Manager Guillermo Polanco provided background information on the priorities for the proposed Collier Collier County 1% Infrastructure Sales Tax and answered Council's questions and concerns. Public Comment: None b. ID 18-178 Discussion - Other Election Improvement Recommendations - Vice-Chair Roman Vice-Chair Roman held a discussion on other election improvement recommendations. Following discussion it was determined by unanimous consensus (Vote 7-0) to move forward by having refresher training for staff, suggest a candidate forum by The League of Women Voters and a college intern to assist. c. ID 18-154 Discussion - Municipal Solar - Vice-Chair Roman Vice-Chair Roman held a discussion on her position paper regarding solar municipal. She is recommending Council consider an unsolicited proposal to evaluate for a cost feasibility of adding solar generated power to select City buildings and water utility tanks and compare current LCEC rates with the cost of augmenting that service with solar energy for in-line metering at each facility. Following discussion it was determined by unanimous consensus (Vote 7-0) to move forward after the unsolicited proposal is reviewed by staff. d. ID 18-181 Discussion - Update Ordinance 01-34 Related to Endangered, Threatened or Listed Species Protections Councilor Rios held a discussion on his position paper regarding updating Ordinance 01-34. He is asking to either modify the existing ordinance or create a new ordinance. Following discussion it was determined by unanimous consensus (Vote 7-0) to move this item forward. City of Marco Island Florida Page 5 City Council Meeting Minutes - Final April 2, 2018 13. Council Communications Councilor Batte had no comment. Councilor Honig commented on the enforcement of Ordinance 15-18. He presented photos taken throughout the City of Marco Island regarding landscape in right of way that does not receive citations and commented on the lack of consistency. He believes the City should vacate this, withdraw the citation from the Magistrate and send this back to the Beautification Advisory Committee. Following discussion it was determined by unanimous consensus (Vote 7-0), to refer Ordinance 15-18, specific to plantings in the public right of way, back to the Beautification Advisory Committee for review and bring it back to City Council within ninety (90) days. It is noted for the record, Councilor Honig disclosed he is not bringing up this issue as a favor to Mr. Andrew Kirlin. Councilor Brown noted the City Council Special Called Meeting on Wednesday, April 4, 2018 for the appeal of Mr. Lee Niblock is not on the City's website and confirmed there is a meeting at 5:00 P.M. for those that are watching. Councilor Reed commented on the conduct between Councilors regarding their Rules of Procedure, specifically interruptions during discussions. He is asking Council to renew their committment to live up to their Rules of Procedure. Vice-Chair Roman had no comment. Councilor Rios had no comment. Chair Grifoni announced the Certificate of Public Convenience and Necessity (COPCN) passed the House and Florida Senate and has been signed by Governor Rick Scott and congratulated everyone. He noted on the success of recent community events. 14. Future Agenda ID 18-146 Future Agenda Items Councilor Rios is requesting a discussion on tourist tax and sales taxes from properties on Marco Island that are not registered and he will forward his position paper for a future agenda. Councilor Reed is requesting a discussion on seawall manufacturing and construction on residential lots and he will forward his position paper for a future agenda. Chair Grifoni commented that the review of communication services tax needs to be placed back on the future agenda. 15. City Manager's Report ID 18-144 City Manager’s Report Acting City Manager Guillermo Polanco provided his report and answered Council's questions and concerns. 16. City Attorney's Report: None City of Marco Island Florida Page 6 City Council Meeting Minutes - Final April 2, 2018 17. Departmental Reports ID 18-174 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. Citizens' Comments Mr. Ken Honecker, 632 Dorando Court, is following up on the status of the lights on the SS Jolley Bridge and commented on juveniles operating lithium ion skateboards in the street as a safety issue and said Council needs to address the Marriott using Veteran's Community parking lot on a regular basis. Mr. Andrew Kirlin, 1915 Sheffield Avenue, thanked Councilor Honig and said a moratorium is needed in regards to landscaping in the right of way. He is asking Council to instruct City staff to work with him on a solution because some members refuse to speak with him. 19. Adjournment There being no further business to come before City Council, the meeting adjourned at 9:08 P.M. ___________________________ Jared Grifoni, Council Chairman ATTEST: _________________________________________ Laura Litzan, City Clerk PREPARED BY: ________________________________________ Lisa Smith, Recording Specialist City of Marco Island Florida Page 7