City Council
Regular MeetingMarco Island, FL · May 21, 2018
Minutes
City of Marco Island Florida
51 Bald Eagle Drive
Marco Island, Florida
cityofmarcoisland.com
Meeting Minutes - Final
Monday, May 21, 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
Interim City Manager: Guillermo Polanco
City Attorney: Alan L. Gabriel
City Clerk: Laura Litzan
City Council Meeting Minutes - Final May 21, 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
Tim Pinter, Director of Public Works
Jeff Poteet, General Manager of Water and Sewer
Lina Upham, Purchasing and Risk Manager
Samantha Malloy, Parks,Culture and Recreation Manager
Lisa Smith, Recording Specialist
WIlliam Miller, Marco Island Police Detail Officer
Citizens and Visitors
3. Invocation - Led by Chair Grifoni
4. Pledge of Allegiance - Led by Councilor Honig
5. City Manager's Public Update
Interim City Manager Guillermo Polanco updated the Council and the public on the following topics:
*Building Department is prioritizing the screen enclosure and pool cage permits
*Over five hundred (500) permits to go through over the next few weeks
6. Approval of Agenda and Consent Agenda (*)
Councilor Reed and Chair Grifoni requested removing Item 6-A-2 (Approval of the City Council Meeting
Minutes of May 7, 2018) from the Consent Agenda.
Councilor Reed requested removing Item 6-B-1 (Resolution Authorizing the Purchase of Closed Captioning
Hardware/Software in an Amount Not to Exceed $75,000.00) from the Consent Agenda.
MOTION by Councilor Rios, seconded by Councilor Reed, to approve the Agenda
and Consent Agenda 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
[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.]
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City Council Meeting Minutes - Final May 21, 2018
(IT IS NOTED FOR THE RECORD, THE ITEMS ON THE AGENDA APPEAR IN NUMERICAL
ORDER IN THE MINUTES.)
A. (*)Approval of Minutes
1. ID 18-270 Approval of the City Council Special-Called Meeting Minutes of
April 23, 2018.
This item was approved under the Consent Agenda.
2. ID 18-258 Approval of the City Council Meeting Minutes of May 7, 2018
Councilor Reed and Chair Grifoni removed this item from the Consent Agenda.
Councilor Reed expressed his concerns with the May 7, 2018 minutes. He noted that the
following motion on page two (2) was done improperly.
MOTION by Councilor Brown, seconded by Councilor Batte, to add a discussion regarding the
Collier County Sheriff's Office investigation into former City Manager Lee Niblock to the
agenda after presentations. MOTION FAILED (SUPERMAJORITY) BY THE FOLLOWING
VOTE:
Yes: 4 - Councilor Batte, Councilor Brown, Councilor Reed and Vice-Chair Roman
No: 3 - Councilor Rios, Chair Grifoni and Councilor Honig
He remarked it is recorded that the motion failed, when in reality the motion did not fail
because the motion was not a motion to amend the rules as was suggested; it was a motion
to challenge the ruling of the Chair. According to Council's rules, the Chair can rule on
whether or not something is allowed, but if the Chair is challenged is challenged, it is resolved
by a majority vote not a supermajority vote. The above motion succeeded not by a
supermajority vote but by a majority vote and is incorrectly identified as failed by a
supermajority vote.
Councilor Rios commented on the reason he voted "no" on the above motion was because it
was not properly advertised. Councilor Brown made a point of order asking if Council is going
to discuss why they vote on different issues or is Council discussing the mintues. Chair
Grifoni ruled Councilor Brown is correct but he is interested in the Councilor's comments.
City Clerk Laura Litzan suggested adding verbiage "to change the rules to add a discussion
item" in the motion, after Councilor Batte made the second.
Councilor Reed made a point of order saying, that was not at all what was proposed to change
the rules of procedure and at no point did anyone suggest changing the rules at any time.
Chair Grifoni ruled that was the only way that item would have made it on the agenda; it
required a rule change that the Rules of Procedure are specific. In order to get that item on
the agenda, it required a supermajority vote and since there was not a supermajority vote to
overturn the Rules of Procedure to add that item, it failed.
Chair Grifoni requested amending verbiage on the following topics in the May 7, 2018 minutes:
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City Council Meeting Minutes - Final May 21, 2018
*Item 6 - Approval of the Agenda and Consent Agenda
Current Verbiage:
Councilor Batte requested a second time he be allowed to make a statement however; Chair
Grifoni ruled it is not the appropriate time. Councilor Batte made a point of order saying that is
not correct and the Chair can extend the courtesy to speak whenever they want. Chair Grifoni
ruled not to allow Councilor Batte to speak at this time.
Proposed Verbiage:
Councilor Batte requested a second time he be allowed to make a statement however; Chair
Grifoni ruled "It is a matter of procedure and order. You are more than welcome to make
whatever statement at the appropriate time." Councilor Batte made a point of order saying that
is not correct and the Chair can extend the courtesy to speak whenever they want. Chair
Grifoni ruled not to allow Councilor Batte to speak at this time. He said; "the time for that is
Council Communications and at that point you are more than welcome to address whatever it
is you feel you need to address."
Current Verbiage:
Councilor Brown requested adding a discussion under Item 7-A (City Council Items) regarding
the Collier County Sheriffs Office report on former City Manager Lee Niblock. Chair Grifoni
was not in support of adding this to the agenda.
Proposed Verbiage:
Councilor Brown requested adding a discussion under Item 7-A (City Council Items) regarding
the Collier County Sheriff's Office report on former City Manager Lee Niblock. Chair Grifoni
said "I have an issue with adding an item to the agenda."
Current Verbiage:
Councilor Honig made a point of order saying changing the Rules of Procedure requires a
supermajority vote.
Proposed Verbiage:
Councilor Honig made a point of order saying changing the Rules of Procedure requires a
supermajority vote and City Attorney Alan Gabriel advised that is correct.
*Item 8 - Citizens' Comments
Current Verbiage:
Following citizens' comments, Councilor Honig and Chair Grifoni responded to the comments
made by the public.
Proposed Verbiage:
Councilor Honig provided a timeline of events regarding his involvement with the former City
Manager Lee Niblock incident. He said after becoming aware of the accusations against Mr.
Lee Niblock, he contacted City Attorney Alan Gabriel and he testified under oath to the Collier
County Sheriff's Office that he had no knowledge of the reported resolution.
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City Council Meeting Minutes - Final May 21, 2018
Chair Grifoni provided a statement of his involvement regarding the former City Manager
incident. He clarified that the victim expressed her desire to him to remain anonymous and as
soon as he became of aware, he advised the victim to contact the City Attorney. He
commented he has a track record of unwavering support to the schools and youth of Marco
Island. He said regarding Marco Island Academy, the false narrative that he would take any
actions, other than the utmost care and respect of the school, its leaders and staff is
untenable, illogical and untrue.
*Item 13- Council Communications
Current Verbiage:
Councilor Batte asked Council to consider postponing the search for a new City Manager. He
called for consensus for Chair Grifoni to respectively turn the gavel over to Vice-Chair Roman
until his involvement in the Lee Niblock matter is adjudicated.
Proposed Verbiage:
Councilor Batte asked Council to consider postponing the search for a new City Manager and
made his statement as earlier requested. He called for consensus for Chair Grifoni to
respectively turn the gavel over to Vice-Chair Roman and said until the adjudication comes
through, and it will, until the matter is adjudicated properly, which it will be.
Current Verbiage:
Chair Grifoni ruled it is inappropriate for Councilor Batte to suggest he step down as Chair and
denied his request to call for consensus.
Proposed Verbiage:
Chair Grifoni ruled "it is inappropriated to suggest that, inappropriate and impossible for
Council to suggest that. I have a one (1) year term as Chair and I have no reason to turn over
the gavel and I will not turn over the gavel. I run an excellent meeting on this Council as the
Chair. I treat everyone on Council as fairly as possible. I give the public the opportunity to
speak on any issue that they want at vitrually any point during the meeting with reason. My
meetings are efficiently run. I have represented the City as the Chair in a multitude of different
venues. It is not proper procedure for Council consensus on turning over the gavel."
Current Verbiage:
Councilor Batte made a point of order saying it is not fair for the Chair to filibuster on this
point and Chair Grifoni ruled it is not in the City Charter or Rules of Procedure and he will not
step down and moved on to Councilor Reed.
Proposed Verbiage:
Councilor Batte made a point of order saying it is not fair for the Chair to filibuster on this
point and Chair Grifoni ruled "the Charter is clear, the Rules of Procedure are clear, it is not a
filibuster but this is Council Communication and I am responding to what you are saying" and
moved on to Councilor Reed.
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City Council Meeting Minutes - Final May 21, 2018
MOTION by Vice-Chair Roman, seconded by Councilor Rios, to defer
the May 7, 2018 City Council Meeting Minutes to the next meeting.
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
B. (*) Resolutions
1. ID 18-265 Resolution Authorizing the Purchase of Closed Captioning
Hardware/Software in an Amount Not to Exceed $75,000.00
(Editorial History: The Information Technology Department has been working for several
months reviewing the options for the acquisition of a closed captioning solution for Marco TV
Broadcasts. Expended funds would be used to acquire, and have installed, a closed
captioning hardware/software solution to provide closed captioning text embedded into the
City’s broadcasted meetings. Both hardware/software solutions versus having a person type
the closed captioning into the system were reviewed. The cost comparisons were as follows:
1. Automated hardware solution: $69,820k capital expense, $6k annual maintenance.
2. Live stenographer: $138/hour and (last year) approximate 355 hours of video, which
equates to just under $49k recurring annually, depending on number of hours/meetings per
year. Both solutions listed above will provide closed captioning during both live and recorded
broadcasts. The resulting files can be downloaded as a text file but will be insufficient for
use as transcripts because the speakers will not be identified and the text may contain errors
attributable to misunderstanding the speaker.)
City Clerk Laura Litzan read into the record by title only, Resolution 18-39.
Councilor Reed removed this item from the Consent Agenda to highlight the benefits in this
package for the public, such as receiving a text file of the closed captioning.
Public Comment: None
MOTION by Councilor Brown, seconded by Councilor Reed, to
approve Resolution 18-39, Authorizing the Purchase of Closed
Captioning Hardware/Software in an Amount Not to Exceed
$75,000.00. MOTION CARRIED BY THE FOLLOWING VOTE:
Yes: 7- Councilor Batte, Councilor Brown, Councilor Reed, Councilor Rios,
Vice-Chair Roman, Chair Grifoni and Councilor Honig
2. ID 18-269 Resolution Supporting Annual Participation in Florida
Government Week
This item was approved under the Consent Agenda.
7. City Council Items - None
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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, noted he has been before City Council and Parks and Recreation
Advisory Committee (PRAC) to speak about the Marco Island Racquet Center courts. He said in the
upcoming budget, court one (1) is scheduled to be resurfaced and he is asking Council to consider
resurfacing court two (2) as well for player safety. He advised Council of an incident last week where a
player was injured when the upcoming budget discussions. He advised them of an incident on the court
two (2) last week were a player was injured.
Mr. Paul Cantwell, 141 Beachcomber Street, believes Councilor Honig and Chair Grifoni should not be
involved in selecting a new City Manager and thinks Council should hire an outside agency to handle that
task. He spoke about the cloud that Councilor Honig and Chair Grifoni has mustered over Council and the
City of Marco Island. He cited several instances involving Councilor Honig and Chair Grifoni and believes
they should both step down immediately and an investigation should be conducted. He said if neither one
chooses to step down then he believes Chair Grifoni should step down as Chair.
Mr. Michael Cunningham, 848 South Heathwood Drive, said there are two (2) people on Council that have a
cloud over their head. He questioned the supermajority issue at the last meeting. He believes the outburst
by Chair Grifoni directed at Mr. Bill McMullan's comments regarding him filing a complaint with the State
Ethics Bar against him was not justified and it was not a threat.
9. Quasi-Judical Public Hearing - None
10. Ordinances
a. ID 18-267 Ordinance - Second Reading - Relating to Land Development Code - Site
Plan with Deviations; Setback for Screen Enclosure/Pool Area on
Waterfront Lots; Garage Doors, Chainlink Fencing; and Utility Sheds
(Editorial History: This ordinance is a product of the LDC update workshops held by the Planning Board
throughout 2017. Below is the summary of changes.
1. Added “Site Plan with Deviations” language.
2. Setback for screen enclosure/pool area on waterfront single-family lots only is changed from 10’ to 15’.
This aligns with Sec. 6-86 of the City’s Building Code, which requires 15’ separation between in- ground
swimming pool or retaining wall and an existing seawall as well as enforced MICA deed restrictions.
Building community members that attended the workshops did not oppose this change. Also, those few
areas on Marco Island that are not deed restricted are either inland or not-single family lots, therefore this
change will not affect any non-deed restricted properties.
3. The width of the garage door(s) shall not exceed 45 percent of the front facing facade. The
measurement of the 45 percent is based on the distance, in linear feet, of the front facing facade. Garage
doors shall not exceed ten feet in height. Recreational Vehicle garages that exceed those measurements
are permitted through the conditional use process.
Currently code reads that “garage shall be setback at least five feet behind the plane of the front façade”.
Planning Board recommended changing the language to “garage shall be setback or set forward a
minimum of two (2) feet behind or in front of the plane of the front façade”. Staff recommends leaving the
code language unchanged as this requirement has worked for many years and is not broken to get fixed.
4. Chain-link fencing is permitted as a primary structure only in the public parks, athletic fields, and to
secure public utilities.
5. Utility sheds shall be physically attached to and architecturally integrated into the principal structure and
not free standing.
On January 5, 2018 the Planning Board approved this Ordinance 5 -2. On May 7, 2018 City Council voted
unanimously (7-0) to approve this Ordinance on the first reading.)
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City Clerk Laura Litzan read into the record by title only, Ordinance 18-09 on second reading.
Vice-Chair Roman suggested continuing this item to the next meeting to allow Staff the time to forward
answers from an email received from former City Growth Management Employee Tami Scott.
Community Affairs Director Dan Smith answered Council's questions and concerns.
Councilor Reed is requesting a follow up to City Council of where the definitions are located in the
Ordinance and Community Affairs Director Dan Smith concurred.
Public Comment: None
MOTION by Councilor Brown, seconded by Councilor Rios, to approve Ordinance
18-09 on Second Reading, Relating to Land Development Code - Site Plan with
Deviations; Setback for Screen Enclosure/Pool Area on Waterfront Lots; Garage
Doors, Chainlink Fencing; and Utility Sheds. MOTION CARRIED BY THE
FOLLOWING VOTE:
Yes: 6- Councilor Batte, Councilor Brown, Councilor Reed, Councilor Rios, Chair Grifoni and
Councilor Honig
No: 1- Vice-Chair Roman
11. Resolutions for Adoption
ID 18-268 Resolution Authorizing the Interim City Manager to Enter into an Agreement
with ____________ for the City Manager Search Services in the amount
not to Exceed $__________
(Editorial History: On April 24, 2018, the City issued an RFP to hire an executive search firm for a City
Manager position. RFP document was posted on the City’s website and Demandstar.com (City’s bidding
system). Legal notice was published in Naples Daily News on April 26, 2018. Emails with RFP document
have been sent to a very comprehensive list of recruitment firms. The City has received three (3)
responses from the below firms. Each submittal is attached to this agenda item. City Council is being
asked to review and evaluate them, as well as authorizing for the award of contract.
1. Gov HR USA
2. Springsted Waters
3. The LMC Group
Ranking of the firms should be based on the below criteria:
•Firm understanding of and approach to executive search process - Max 30 points
•Success in recruiting City Managers for small to medium size municipalities in Florida - Max 30 points
•Firm and staff experience in recruiting for executive positions - Max 20 points
•Cost proposal* - Max 15 points
•Office location** - Max 5 points
*higher points for the cost do not necessarily mean the lowest price but rather each individual scorer’s
opinion on the overall value of proposed services for the fee requested
**higher points for the office location do not necessarily call for geographic proximity to Marco Island but
rather each individual scorer’s opinion of the importance of this criterion
Final ranking will be calculated based on 5/3/1 system where a firm would get 5 points for being ranked
the best firm, most total points, by each individual scoring committee member (i.e. 1st place), 3 points for
2nd place, and 1 point for the 3rd place. Ranking firms this way is considered “best practice” as it reduces
the possibility of skewing by individual scorers if a simple grand total or highest total average is used.)
City Clerk Laura Litzan read into the record by title only, Resolution 18-41.
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City Council Meeting Minutes - Final May 21, 2018
Chair Grifoni suggested Council fill out their scoring sheets if they have not done that yet and turn them
into City Clerk Laura Litzan to tally.
Councilor Reed questioned if there was going to be a motion and discussion regarding this resolution
before the vote is taken. He believes having discussion before voting is appropriate since the act of voting
may be influenced by that discussion.
Chair Grifoni responded "he has no problem having the discussion now while the clerk puts the numbers
together to find out the rank for proposal."
City Clerk Laura Litzan collected the scoring sheets (except Councilor Reed who chose to hold onto his
during the discussion) and Council then engaged in a lengthy discussion regarding the selection of an
executive search firm.
Councilor Brown made a point of order saying the time is 6:21 P.M. which is past the time certain 6:00
P.M. for citizens comments. Chair Grifoni ruled to continue with the remaining Councilor's comments on
this topic before opening citizens' comments.
Council continued to engage in discussions and Councilor Reed submitted his scoring sheet to the City
Clerk.
City Clerk Laura Litzan read into the record, the tally of votes as follows:
1. Gov HR USA with twenty-six (26) points
2. Springstead Waters with twenty-two (22) points
City Attorney Alan Gabriel clarified Council should vote to approve the ranking as identfied as first and
second.
Public Comment:
Mr. Ray Seward, 287 Rockhill Court, addressed a comment made by Council that they are having a hard
time agreeing on things. He said that's what a Board is all about; different opinions but it;s also about
coming together to . He asked if any potential employee would want to work with this Council and
suggested Council look at themselves . He agrees with the Councilors who are in support of waiting.
MOTION by Vice-Chair Roman, seconded by Councilor Honig, to approve the
ranking as given to Council by the City Clerk. MOTION CARRIED BY THE
FOLLOWING VOTE:
Yes: 7- Councilor Batte, Councilor Brown, Councilor Reed, Councilor Rios, Vice-Chair
Roman, Chair Grifoni and Councilor Honig
MOTION by Councilor Honig, to enter into a contract to hire Gov HR USA as a
search consultant for the City Manager.
MOTION FAILED FOR LACK OF SECOND
MOTION by Councilor Rios, seconded by Councilor Honig, to enter into a contract
to hire Springsted Waters as a search consultant for the City Manager. MOTION
FAILED BY THE FOLLOWING VOTE:
Yes: 3- Councilor Rios, Chair Grifoni and Councilor Honig
No: 4- Councilor Batte, Councilor Brown, Councilor Reed and Vice-Chair Roman
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City Council Meeting Minutes - Final May 21, 2018
(THE MEETING WENT INTO RECESS AT 6:55 P.M. IT IS NOTED FOR THE RECORD THE SAME
COUNCILORS WERE PRESENT WHEN THE MEETING RECONVENED AT 7:05 P.M.)
12. Council Reports
a. ID 18-274 Discussion - Constitution Day - Chair Grifoni
Chair Grifoni held a discussion on Constitution Day. He is recommending Council recognize Constitution
Day and Citizenship Day locally on September 17, 2018 with a proclamation at the City Council meeting
scheduled for that same evening.
Public Comment: None
MOTION by Chair Grifoni, seconded by Councilor Rios, to recognize Constitution
Day and Citizenship Day locally on September 17, 2018 with a proclamation at
the City Council September 17, 2018 meeting. MOTION CARRIED BY THE
FOLLOWING VOTE:
Yes: 6- Councilor Brown, Councilor Reed, Councilor Rios, Vice-Chair Roman, Chair Grifoni
and Councilor Honig
No: 1- Councilor Batte
b. ID 18-276 Discussion - Local Communications Service Tax - Chair Grifoni
Chair Grifoni held a discussion on the local Communications Service Tax. He is requesting that the City
Council of the City of Marco Island reduce the "Local Communications Service Tax" rate from 5.22% to
either 3.9% or 2.1% and notify the Florida Department of Revenue of such change by September 1, 2018
with an effective date rate change of January 1, 2019.
Acting City Manager Guillermo Polanco advised the City uses this tax for the general operations. He
advised Council whenever there is a reduction in revenue you also have to reduce your expenditures.
Florida Law requires a balanced budget so that also needs to be discussed in terms of the level of
service.
Public Comment: None
MOTION by Chair Grifoni, seconded by Councilor Rios, to bring this item back as
a Resolution to reduce the 3.9% tax on January 1, 2019 and 2.1% on January 1,
2020. MOTION CARRIED BY THE FOLLOWING VOTE:
Yes: 5- Councilor Brown, Councilor Rios, Vice-Chair Roman, Chair Grifoni and Councilor
Honig
No: 2- Councilor Batte and Councilor Reed
13. Council Communications
Vice-Chair Roman commented on four (4) items. She reminded Council that they requested the
Beautification Advisory Committee (BAC) look at landscape buffers for improvements particularly Collier
Boulevard in the Mid Town District. She is asking City Council for consensus to direct the Interim City
Manager to review the Site Plan for the Sun Trust Bank located at 950 North Collier Boulevard and report
back to Council. Following discussion, the majority of Council (Councilor Honig and Chair Grifoni opposed)
concurred.
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Vice-Chair Roman notified Council that The National Oceanic and Atmospheric Administration (NOAA) will
be conducting a county wide orientation tour on May 22, 2018. They will be visiting Marco Island tomorrow
afternoon and she will be leading that tour with the NOAA project team.
Vice-Chair Roman pointed out she was the only Councilor that opposed cancelling the Advisory Committee
meetings until August at the last City Council meeting. She questioned the Interim City Manager on how
the committees are supposed to move forward with their budget request. Interim City Manager Guillermo
Polanco responded he has received all the budget requests from all the committees.
Vice-Chair Roman asked if her colleagues on Council were serious in taking steps to get their house in
order. She believes that will take time and professional assistance to move towards a more effective
government on Marco Island. She mentioned for a future agenda topic hiring a professional Interim City
Manager.
Councilor Batte began his Council Communications by making a motion for a vote of no confidence
regarding the current Chairman. He continued by saying his motion does not connote any wrong doing by
him or others.
Chair Grifoni responded by saying Councilor Batte's motion is frivolous.
City Attorney Alan Gabriel clarified any Councilor can make a motion and the Chair can rule accordingly.
Chair Grifoni ruled the motion frivolous.
Council engaged in discussion and Councilor Reed made a point of order and read from the Rules of
Procedures, Section 1-C-1 (c) Questions of order shall be decided by the Chair without debate, subject to
appeal by Council. (1) An appeal of the ruling of the Chair shall be made by the statement, “I appeal the
decision of the Chair.” An appeal must be seconded and is subject to debate. (2) The Chair shall then put
to a vote the question, “Shall the decision of the Chair be sustained?” A majority or tie vote will sustain the
ruling of the Chair. Councilor Reed's point of order is “I appeal the decision of the Chair."
City Attorney Alan Gabriel clarified the motion saying, the majority vote shall sustain the ruling of the
Chair.
MOTION by Councilor Batte, for a vote of no confidence regarding the current
Chairman.
NO VOTE TAKE ON THIS MOTION AS CHAIR RULED IT FRIVOLOUS
MOTION by Councilor Reed, seconded by Councilor Brown, Shall the decision of
the Chair be sustained. MOTION FAILED BY THE FOLLOWING VOTE:
Yes: 3- Councilor Rios, Chair Grifoni and Councilor Honig
No: 4- Councilor Batte, Councilor Brown, Councilor Reed and Vice-Chair Roman
MOTION by Councilor Batte, seconded by Councilor Brown, For a vote of no
confidence regarding the current Chairman. MOTION CARRIED BY THE
FOLLOWING VOTE:
Yes: 4- Councilor Batte, Councilor Brown, Councilor Reed and Vice-Chair Roman
No: 3- Councilor Rios, Chair Grifoni and Councilor Honig
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Councilor Honig commented on two (2) items. He noted that and the public can contact him at any time
and he will answer any questions they have.
Councilor Honig expressed his concerns with the Q&A section on the City's website pertaining to the
COPCN and is asking the City to consider removing that portion as he believes it is misleading.
Councilor Rios spoke about stormwater and questioned why the City of Naples does not use filters and
Marco Island does. Public Works Director Tim Pinter will forward his Sun Tree Inlet Filters presentation to
Council.
Chair Grifoni commented on three (3) topics. He is seeking a volunteer from Council to represent Marco
Island and attend a Southwest Florida Regional League of Cities Event on Thursday, July 19, 2018 at
11:45 A.M. at Huntersridge Country Club in Bonita. Councilor Honig volunteered to attend.
Chair Grifoni received an email regarding HUD Urban County Requalification Process and is seeking
consensus to see if Marco Island would like to re-join Collier County in an attempt to receive federal
community development block grant funding. Following discussion, Council concurred unanimously not to
participate in the next three (3) year cycle and Interim City Manager Guillermo Polanco will send the
response by May 25, 2018 to Collier County and HUD.
Chair Grifoni advised that the COPCN goes in front of the Collier County Board of Commissioners
tomorrow, Tuesday, May 22, 2018 at 9:00 A.M. at Collier County Government Center 3299 Tamiami Trail
East, 3rd Floor Naples, Florida.
Councilor Reed had no comment.
Councilor Brown had no comment.
14. Future Agenda
ID 18-259 Future Agenda Items
Councilor Reed is requesting two (2) topics for a future agenda and he will provide position papers on
the following topics:
*Improved Methodology for managing the relationship between City Council and City Attorney
*Review of the rules regarding the terms of leadership of City Council
15. City Manager's Report
ID 18-260 City Manager’s Report
Interim City Manager Guillermo Polanco provided his report and answered Council's questions and
concerns.
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16. City Attorney's Report
ID 18-261 City Attorney’s Report
City Attorney Alan Gabriel provided his report and was available to answer Council's questions and
concerns.
17. Departmental Reports
ID 18-262 Monthly Departmental Reports
Council has agreed to forego the departmental reports by staff unless Council has a specific question for
the department head.
Finance Department Report - Acting Finance Director Debi Mueller
IT Department Report - Director of Information Technology Jordan Turek
Human Resources Department Report - HR Director Leslie Sanford
Parks and Recreation Report - Parks, Culture and Recreation Manager Samantha Malloy
Building Services Department Report - Chief Building Official Raul Perez
Water & Sewer Report - General Manager Jeff Poteet
Fire-Rescue Report - Fire Chief Mike Murphy
18. Citizens' Comments - None
19. Adjournment
There being no further business to come before City Council, the meeting adjourned at 9:12 P.M.
___________________________
Jared Grifoni, Council Chairman
ATTEST:
_________________________________________
Laura Litzan, City Clerk
PREPARED BY:
________________________________________
Lisa Smith, Recording Specialist
City of Marco Island Florida Page 12
Agenda
51 Bald Eagle Drive
City of Marco Island Florida Marco Island, Florida
cityofmarcoisland.com
Meeting Agenda - Final
City Council
Chair: Jared Grifoni
Vice-Chair: Charlette Roman
City Council: Joe Batte, Bob Brown, Larry Honig, Howard Reed,
Victor Rios
Interim City Manager: Guillermo Polanco
City Attorney: Alan L. Gabriel
City Clerk: Laura Litzan
Monday, May 21, 2018 5:30 PM Community Meeting Room
1. Call to Order
2. Roll Call
3. Invocation
4. Pledge of Allegiance
5. City Manager's Public Update
6. Approval of Agenda and Consent Agenda (*)
[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.]
A. (*)Approval of Minutes
1. ID 18-270 Approval of the City Council Special-Called Meeting Minutes of
April 23, 2018.
Attachments: April 23, 2018 City Council Special Called Meeting
2. ID 18-258 Approval of the City Council Meeting Minutes of May 7, 2018
Attachments: May 7, 2018 City Council Minutes
B. (*) Resolutions
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City Council Meeting Agenda - Final May 21, 2018
1. ID 18-265 Resolution Authorizing the Purchase of Closed Captioning
Hardware/Software in an Amount Not to Exceed $75,000.00
Attachments: Resolution 18-39
MarcoIsland-Closed Captioning System
Capital Project Request Form
2. ID 18-269 Resolution Supporting Annual Participation in Florida
Government Week
Attachments: Resolution 18-40
7. City Council Items - None
8. Citizens' comments on agenda items not scheduled for public hearing and items other
than those appearing on the agenda.
[Those who have signed in will be given the first opportunity to speak. Time is limited to 4
minutes per speaker and 30 minutes total time for this agenda item.] TIME CERTAIN TO 6:00
PM OR AS SOON AS POSSIBLE THEREAFTER
9. Quasi-Judical Public Hearing - None
Please be advised that the following items on the agenda are quasi -judicial in nature. If you wish
to comment upon these items, please inform the Clerk by filling out the available sign -up form.
An opportunity for persons to speak on the items will be made available after the applicant and
staff have made their presentations under oath or affirmation. Additionally, each person who
gives testimony may be subject to cross-examination. If you refuse either to be cross-examined
or to be sworn, your testimony will not be considered. The general public will not be permitted to
cross-examine witnesses, but the public may request the Council to ask questions of staff or
witnesses on their behalf. Persons representing organizations must present evidence of their
authority to speak for the organization. (Council members to communicate ex -parte
communication.)
10. Ordinances
ID 18-267 Ordinance - Second Reading - Relating to Land Development Code - Site
Plan with Deviations; Setback for Screen Enclosure/Pool Area on
Waterfront Lots; Garage Doors, Chainlink Fencing; and Utility Sheds
Attachments: Ordinance 18-09
11. Resolutions for Adoption
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City Council Meeting Agenda - Final May 21, 2018
ID 18-268 Resolution Authorizing the Interim City Manager to Enter into an Agreement
with ____________ for the City Manager Search Services in the amount
not to Exceed $__________
Attachments: Resolution 18-41
Cost summary
Submittal-GOV HR USA
Submittal-Springsted Waters
Submittal-The LMC Group
12. Council Reports
a. ID 18-274 Discussion - Constitution Day - Chair Grifoni
Attachments: Position Paper
b. ID 18-276 Discussion - Local Communications Service Tax - Chair Grifoni
Attachments: Position Paper
13. Council Communications
14. Future Agenda
ID 18-259 Future Agenda Items
Attachments: Copy of Future Agenda
Committee Summary
15. City Manager's Report
ID 18-260 City Manager’s Report
Attachments: City Manager's Report
16. City Attorney's Report
ID 18-261 City Attorney’s Report
Attachments: City Attorney Report
17. Departmental Reports
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City Council Meeting Agenda - Final May 21, 2018
ID 18-262 Monthly Departmental Reports
Attachments: Finance, Information Technoogy, Human Resources
Budget Calendar FY 2019
6 Month Budget Status - FY2018
IT Department - Goals & Objectives
Parks & Recreation
Building
Water & Sewer
Fire-Rescue
18. Citizens' Comments
[4 minutes per individual – Each individual has one opportunity to speak.]
19. Adjournment
The public hearings will commence at 5:30 p.m., or soon thereafter as business permits, in the
City of Marco Island, Community Room, 51 Bald Eagle Drive, Marco Island, Florida. All interested
persons are invited to attend the meeting and participate in the discussion; or, written comments
may be sent to the City of Marco Island, 50 Bald Eagle Drive, Marco Island, FL. 34145. Pursuant
to Section 286.0105, Florida Statutes, if a person decides to appeal any decision made by City
Council with respect to any matter considered at such hearing or meeting, one will need a record
of the proceedings for such purpose that person may need to ensure that a verbatim record of the
proceedings is made; such record includes the testimony and evidence upon which the appeal is
to based. ADA Assistance: Anyone needing special assistance at the City Council hearing due
to disability should contact the City of Marco Island at (239) 389-5010 at least two days prior
thereto. Please contact the City Clerk at laura@cityofmarcoisland.com if you would like to receive
any of the items on the agenda by email.
Any Invocation that may be offered before the official start of the Council meeting shall be voluntary
offering of a private citizen, to and for the benefit of the Council. The views and beliefs expressed
by the invocation speaker have not been previously reviewed or approved by the Council, and the
Council is not allowed by law to endorse the religious beliefs or views of this, or any speaker.
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