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City Council

Regular Meeting

Marco Island, FL · May 21, 2018

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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.] City of Marco Island Florida Page 1 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: City of Marco Island Florida Page 2 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. City of Marco Island Florida Page 3 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. City of Marco Island Florida Page 4 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 City of Marco Island Florida Page 5 City Council Meeting Minutes - Final May 21, 2018 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.) City of Marco Island Florida Page 6 City Council Meeting Minutes - Final May 21, 2018 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. City of Marco Island Florida Page 7 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 City of Marco Island Florida Page 8 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. City of Marco Island Florida Page 9 City Council Meeting Minutes - Final May 21, 2018 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 City of Marco Island Florida Page 10 City Council Meeting Minutes - Final May 21, 2018 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. City of Marco Island Florida Page 11 City Council Meeting Minutes - Final May 21, 2018 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 City of Marco Island Florida Page 1 Printed on 5/15/2018 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 City of Marco Island Florida Page 2 Printed on 5/15/2018 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 City of Marco Island Florida Page 3 Printed on 5/15/2018 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. City of Marco Island Florida Page 4 Printed on 5/15/2018

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