City Council

City of Marco Island Florida 51 Bald Eagle Drive Marco Island, Florida cityofmarcoisland.com Meeting Minutes - Final Monday, August 20, 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 August 20, 2018 1. Call to Order Chair Grifoni called the meeting to order at 5:30 P.M. 2. Roll Call Present: 5- Councilor Brown, Councilor Reed, Vice-Chair Roman, Chair Grifoni and Councilor Honig Absent: 2- Councilor Batte and Councilor Rios Also Present Guillermo Polanco, Interim City Manager Laura Litzan, City Clerk Alan L. Gabriel, City Attorney Mike Murphy, Fire Chief Al Schettino, Police Chief Tim Pinter, Director of Public Works Jeff Poteet, General Manager of Water and Sewer Daniel Smith, Community Affairs Director Raul Perez, Chief Building Official Samantha Malloy, Cultural, Parks and Recreation Manager Jordan Turek, Information Technology Director Lisa Smith, Recording Specialist Officer Bill Miller, Marco Island Police Detail Officer Citizens and Visitors 3. Invocation - Momment of Silence led by Chair Grifoni 4. Pledge of Allegiance - Led by Parks and Recreation Advisory Committee Vice-Chair Michael Levine 5. City Manager's Public Update Interim City Manager Guillermo Polanco advised Council and the public Community Affairs Director Dan Smith has two (2) items coming forward on the agenda: *Hurricane preparedness property maintenance *Boat Docking Facilities, revising encroachments into the riparian side setbacks 6. Approval of Agenda and Consent Agenda (*) Chair Grifoni recommended moving Item 7-B (Discussion City Manager Search - Florida City & County Managers Association (FCCMA) Senior Advisor Program) after Item 8 (Citizen Comments) and Council unanimously concurred. MOTION by Councilor Honig, seconded by Vice-Chair Roman, to approve the Consent Agenda and Agenda as amended. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 5- Councilor Brown, Councilor Reed, Vice-Chair Roman, Chair Grifoni and Councilor Honig Not Present: 2- Councilor Batte and Councilor Rios City of Marco Island Florida Page 1 City Council Meeting Minutes - Final August 20, 2018 [Approval of Consent Agenda passes all routine items indicated by asterisk (*). Consent Agenda items are not considered separately unless a council member so requests. In the event of such a request, the item is returned to the Regular Agenda.] (IT IS NOTED FOR THE RECORD, THE ITEMS ON THE AGENDA APPEAR IN NUMERICAL ORDER IN THE MINUTES.) A. (*)Approval of Minutes 1. ID 18-345 Approval of the City Council Meeting Minutes of August 6, 2018 This item was approved under the Consent Agenda. 2. ID 18-454 Approval of the Minutes of the August 8, 2018 Special-Called Meeting Budget Priorities - Part III This item was approved under the Consent Agenda. B. (*) Resolutions 1. ID 18-422 Resolution of the City Council of Marco Island, Florida, approving the Fiscal Year 2018-19 Non-Ad Valorem Assessment Rolls This item was approved under the Consent Agenda. 2. ID 18-429 Resolution - Approving the Selection of an Issuance of a Purchase Order to Hole Montes, Inc., for Engineering and Construction Engineering Services to Accommodate the Relocation of City Infrastructure as required for the Florida Department of Transportation's SR 951 Resurfacing Project in the amount of $$49,945.00 This item was approved under the Consent Agenda. 3. ID 18-428 Resolution - Request to Extend the Temporary Waiver of Permit Fees for Hurricane Irma related repairs to Roofs, Screened Enclosures, Fencing, Solar Collectors and Seawalls until March 10, 2019 This item was approved under the Consent Agenda. 4. ID 18-451 Resolution - Site Development Plan (SDP-18-003286) Caxambas Tower Condominium, 1036 South Collier Boulevard, Marco Island, FL 34145 This item was approved under the Consent Agenda. City of Marco Island Florida Page 2 City Council Meeting Minutes - Final August 20, 2018 5. ID 18-455 Resolution - Approving Funding Source and Purchase of Three (3) 2018 Ford F-150’s for the Building Services Department in the total amount of $82,223.00 This item was approved under the Consent Agenda. 7. City Council Items A. Presentations - None B. Discussion ID 18-450 City Manager Search - Florida City & County Managers Association (FCCMA) Senior Advisor Program Florida City and County Managers Association (FCCMA) Senior Advisor Ken Parker provided an update and advised what the next steps are going to be in the process. Mr. Parker asked the Councilors not to rank order but to list the candidates they would like to interview, sign the tally sheet and return to the City Clerk so she can read into the record the results. (It is noted for the record, absentees Councilor Batte and Councilor Rios have provided their sheets to the City Clerk and those will also be read into the record.) City Attorney Alan Gabriel clarified that this process was agreed upon at the last City Council meeting and it is legal. City Clerk Laura Litzan read the following Councilor's selections into the record: *Vice-Chair Roman - David Harden, Gregory Horn, Maria Menendez, William Vance *Councilor Reed - James Hock, Gregory Horn *Councilor Honig - David Fraser, David Harden, James Hock, Rick LoCastro, William Vance *Councilor Brown - None *Chair Grifoni - David Fraser, James Hock, Rick LoCastro, Donald Stilwell, William Vance, Bogdan Vitas *Council Batte - David Harden, Maria Menendez, Donald Stilwell, Bogdan Vitas *Councilor Rios - Maria Menendez, Donald Stilwell Mr. Bill McMullan asked to put a point of order on record, however, Chair Grifoni ruled it is not in their Rules of Procedure and Mr. McMullan may speak during public comment. (THE MEETING WENT INTO RECESS AT 6:32 P.M. IT IS NOTED FOR THE RECORD THE SAME COUNCILORS WERE PRESENT WHEN THE MEETING RECONVENED AT 6:37 P.M.) City Clerk Laura Litzan, City Attorney Alan Gabriel, Interim City Manager Guillermo Polanco and FCCMA Senior Advisor Ken Parker verified and tallied the ballot sheets. City Clerk Laura Litzan announced the following candidates: Candidates with three (3) votes: *Mr. David Harden, Mr. James Hock, Ms. Maria Menendez, Mr. Donald Stilwell and Mr. William Vance City of Marco Island Florida Page 3 City Council Meeting Minutes - Final August 20, 2018 Candidates with two (2) votes: *Mr. David Fraser, Mr. Bogdan Vitas, Mr. Rick LoCastro, Mr. Gregory Horn Public Comment: Mr. Brent Wilson, 2170 San Marco Road, said there is no strong executive leadership in Marco Island and he does not feel comfortable after hearing the way Council interacts with each other, why it is up them to decide who is going to lead the City forward. He suggested revising the City Charter to allow the citizens to elect their own executive leadership and elect a Mayor. Ms. Terry Sommerfeld, 1111 San Marco Road, advised Council she has experience with resume reviews and said as she went through the candidates, she became very concerned with the issues around City Managers. She noted when she "googled" the candidates she found the following; seven (7) of the individuals put before Council have been fired multiple times from their position, one (1) candidate of the five (5) Council has recommended for an interview was featured in WINK News for being fired because of raunchy photos on his work computer and he acknowledged that he forwarded those photos to his colleagues, aside from the list of seven (7) that have been fired, five (5) of the others who did not have City Manager firings have no or minimal experience, it appears to be a round robin group, there are three (3) candidates in her opinion on the list that have City Manager experience on an interim basis. She closed by saying that she recommends Council look at the five (5) candidates they have chosen to advance to the interview process and questioned why Council would want to waste their time on interviews for those candidates who have been fired multiple times and have not demonstrated competent behavior. Mr. Bill McMullan, Marco Island Resident, put his earlier point of order on record. He noted that Council and City Attorney Alan Gabriel have previously set precedence by saying that Councilors who are not in chambers can not participate in proceedings. He said if Councilors are not sitting in their chair, it is a Sunshine Law violation. He reiterated two (2) Councilors are absent, one (1) Councilor did not vote, and there are four (4) remaining Councilors present and if anyone has googled the candidates chosen, they will find that they have terrible backgrounds. He said Florida is a Sunshine Law state and if Council won't abide by that then Marco Island needs to have those that will. Mr. Ken Honecker, 632 Dorando Court, noted he was at the Council meeting when Mr. Parker provided his presentation and Mr. Parker clearly stated a process which was does Council want to use his program and is he the right person in that group to deal with. He stated if Council chose his program and if Council chose Mr. Parker then Council had two (2) other tasks. Council needed to decide if they wanted an Interim City Manager or full time City Manager, each with a different process and Council chose nothing. He said Council can't follow the process which is why they have the hybrid system. He questioned if Council can not follow the process from a professional that came in, how are better results going to be achieved. He noted Council needs five (5) votes to hire someone and at best they have three (3). He asked how much money is going to be spent to fly the candidates in, put them up at the Marriott at $500. a night, background checks at $3,000. and dinner out. It will end up being a $25,000. fiasco that is in the middle of summer when no one is here and this process should not move forward since it is a waste of time and money. Following public comment, Council continued their discussions before the question was called. City of Marco Island Florida Page 4 City Council Meeting Minutes - Final August 20, 2018 MOTION by Vice-Chair Roman, seconded by Councilor Honig, to invite the five (5) candidates; Mr. David Harden, Mr. James Hock, Ms. Maria Menendez, Mr. Donald Stilwell, Mr. William Vance for interviews. NO VOTE TAKEN ON THIS MOTION MOTION by Vice-Chair Roman, seconded by Councilor Honig, to invite the five (5) candidates; Mr. David Harden, Mr. James Hock, Ms. Maria Menendez, Mr. Donald Stilwell, Mr. William Vance for interviews, according to the established time table. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 3- Vice-Chair Roman, Chair Grifoni and Councilor Honig No: 2- Councilor Brown and Councilor Reed Not Present: 2- Councilor Batte and Councilor Rios Mr. Ken Parker stated the next process is to be certain they are operating in the same calendar and he recommended all Councilors be present in order to participate in the interview process and no hiring decision is to be made until all the background checks are completed and under Council's review. Mr. Parker recommended the following time table: *Day 1 - August 27, 2018 - applicant's arrival, tour of Marco Island, operations *Day 2 - August 28, 2018 - one (1) on one (1) interviews using the Round Robin method *Day 3 - August 29, 2018 - special City Council meeting with public comment Public Comment: Mr. Ken Honecker, 632 Dorando Court, congratulated Council on making an illegal motion. He advised them there was a motion to reconsider the time line and Council needs to vote on that motion, then someone makes a new motion to come up with the dates. He asked why can't Council after going to the League of Cities for classes know how to do this. MOTION by Councilor Honig, seconded by Vice-Chair Roman, to reconsider the timing motion and suggested for Council's consideration is ten (10) business days for the level three (3) taking it to September 5th (arrival), September 6th (interviews) and September 7th (public hearing). NO VOTE TAKEN ON THIS MOTION MOTION by Councilor Honig, seconded by Vice-Chair Roman, amended to reconsider the time line to September, 4th (arrival), September 5th (interviews) and September 6th (public hearing). NO VOTE TAKEN ON THIS MOTION MOTION by Councilor Honig, seconded by Vice-Chair Roman, amended to reconsider the time line to confirm on September 4th for who is coming in for interviews after receiving the background check information, September 11th (arrival), September 12th (interviews) and September 13th (public hearing). City of Marco Island Florida Page 5 City Council Meeting Minutes - Final August 20, 2018 NO VOTE TAKEN ON THIS MOTION MOTION by Councilor Honig, seconded by Vice-Chair Roman, to reconsider the time line. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 4- Councilor Reed, Vice-Chair Roman, Chair Grifoni and Councilor Honig No: 1- Councilor Brown Not Present: 2- Councilor Batte and Councilor Rios MOTION by Councilor Honig, seconded by Vice-Chair Roman, to have the candidates background checks discussed at the City Council September 4, 2018 meeting, candidates that Council pushes forward in the process be invited to come to Marco Island on September 11th, 12th, 13th with the public hearing scheduled for 5:30 P.M. on Thursday, September 13, 2018. NO VOTE TAKEN ON THIS MOTION MOTION by Councilor Honig, seconded by Vice-Chair Roman, to have the candidates background checks discussed at the City Council September 4, 2018 meeting, candidates that Council pushes forward in the process be invited to come to Marco Island on September 11th, 12th, 13th, amended to remove the public hearing on Thursday, September 13, 2018. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 4- Councilor Reed, Vice-Chair Roman, Chair Grifoni and Councilor Honig No: 1- Councilor Brown Not Present: 2- Councilor Batte and Councilor Rios (THE MEETING WENT INTO RECESS AT 7:35 P.M. IT IS NOTED FOR THE RECORD THE SAME COUNCILORS WERE PRESENT WHEN THE MEETING RECONVENED AT 7:45 P.M.) Following recess, Chair Grifoni asked for consensus for Council to authorize the background checks funding and the reimbursement for any potential travel related expenses for the candidates that are ultimately invited and Council unanimously concurred. 8. Citizens' comments on agenda items not scheduled for public hearing and items other than those appearing on the agenda. Mr. Brent Wilson, 2171 San Marco Road, spoke about the water conditions in Southwest Florida and the devastating effects on the ecosystem. He noted he attended the Waterways Advisory Committee meeting last week and believes the real threat is what you can't see, which is the nitrogen in the waters. The committee is pushing for more testing in order to be proactive. He is asking the City to enforce the fertilizer code and to be a beacon to Collier County, the state of Florida and to all of the visitors who come to Marco Island for pristine waters and fishing. Mr. Christopher Schemel, 201 Vintage Bay Drive Unit #28, noted there was Hurricane Irma damage to the Marco Island Sailing Center and questioned when it is going to reopen. City of Marco Island Florida Page 6 City Council Meeting Minutes - Final August 20, 2018 Mr. Michael Levine, 331 Capistrano Court, discussed the upcoming Certificate of Public Convenience and Necessity (COPCN) vote and said according to the Center for Disease Control and Prevention (www.cdc.gov), one (1) out of every (4) deaths result from a heart attack. He questioned how many of those lives could have been saved if an ambulance with proper medications could have been administered. For that reason, he will be voting yes. Mr. Bill McMullan, Marco Island Resident, reminded Council that fifteen (15) months ago they spent $10,000. plus tax dollars for an employee climate survey. He quoted positive and negative statistics from the survey and questioned why there has been no action taken to alleviate employee concerns and morale. He said Council continues to give direction to the City Manager and staff which is a direct violation of the City Charter and he will forward this information to a future meeting. He is not in favor of a temporary City Manager and suggested Council wait ninety (90) days for the newly elected Council to take the steps that is right for Marco Island. Mr. Ken Honecker, 632 Dorando Court, advised he was not present at the last Council meeting but heard what occurred and hopes Council will stop attacking Interim City Manager Guillermo Polanco and other employees in public. He asked how does Council expect to attract candidates to work here when they know they will be publically humiliated at Council meetings. He noted it should be handled privately, not at the dais. He said Council needs to say a promise that they will not attack the employees at these meetings and the employees should receive a 25% hazardous duty pay. Ms. Linda Turner, 667 Thrush Court, commented on the COPCN and gave the following reasons on why to vote yes on the ambulance referendum: response times, future consolidation, professional management, cost and qualified paramedics. She urged all to vote on August 28, 2018. Mr. Mario Curiale, 820 Eubanks Court, talked about his efforts to refinance his building. He said the lender is requiring an environmental inspection and marked the soil contaminated next door to his property at an open storage yard. He displayed photos and handed out documents to the City Clerk to forward to Council and is asking for assistance. 9. Quasi-Judicial Public Hearing - None 10. Ordinances a. ID 18-421 Ordinance - First Reading - Hurricane Preparedness Property Maintenance (Editorial History: This Ordinance amendment, initiated by staff, is to allow the Interim City Manager or said designee the ability of moving quickly to secure and prepare building sites and any emergency maintenance associated in protecting the site prior to Hurricanes and Topical Storms. Currently the ability is based on storm warnings determined by the Emergency Weather Service, the National Hurricane Center, and other emergency management agencies.) City Clerk Laura Litzan read into the record by title only, an Ordinance on first reading, for hurricane preparedness property maintenance. City Attorney Alan Gabriel answered Council's questions and concerns. Public Comment: Mr. Ken Honecker, 632 Dorando Court, said the City Charter is clear and that Council Chair's duties are ceremonial, unlike the City of Naples that has a Mayor which states he has the authority to declare state of emergency. He advised Marco Island City Council Chairman does not have that authority and it's against the City Charter. City of Marco Island Florida Page 7 City Council Meeting Minutes - Final August 20, 2018 MOTION by Vice-Chair Roman, seconded by Councilor Honig, to approve an Ordinance on first reading, Hurricane Preparedness Property Maintenance. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 3- Vice-Chair Roman, Chair Grifoni and Councilor Honig No: 2- Councilor Brown and Councilor Reed Not Present: 2- Councilor Batte and Councilor Rios b. ID 18-452 Ordinance - First Reading - Boat Docking Facilities, revising Encroachments into the Riparian Side Setbacks (Editorial History: Amending Chapter 54, Boat Docking Facilities, Division 2.-Regulations, Section 54-115 of the Boat Docking Facilities to provide for a variance procedure for encroachments into the fifteen (15) foot riparian side yard setback. Chapter 54, Boat Docking Facilities, Division 2.-Regulations, Section 115 Boat dock extensions provides for a variance procedure to allow additional protrusions and extensions into the waterway if certain criteria specific to docking facilities is met. However, it does not provide a variance procedure for encroachments into the riparian side yard setback. Variances procedures are identified for protrusions and extensions, along with yard setback encroachments in Chapter 30 of the Land Development Code and this amendment is in keeping with the intent of the Code by providing a procedure for variances to the riparian side yard setback. The amendment is to Chapter 54, section 54-115 by adding verbiage to include encroachments into the riparian side yard setback, along with the existing protrusions and extensions. Public hearing procedures, along with notification of adjacent property owners is the same as in Chapter 30. The criteria for review, listed in Section 54-115. (f) 1-10, are being slightly modified to be applicable to a riparian side yard setback encroachment. Planning Board approved the proposed amendment at the August 3, 2018 Planning Board meeting.) City Clerk Laura Litzan read into the record by title only, an Ordinance on first reading, on boat docking facilities, revising encroachments into the riparian side setbacks. Community Affairs Director Dan Smith answered Council's questions and concerns. Public Comment: None MOTION by Councilor Honig, seconded by Chair Grifoni, to approve an Ordinance, on first reading, Boat Docking Facilities, revising Encroachments into the Riparian Side Setbacks. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 5- Councilor Brown, Councilor Reed, Vice-Chair Roman, Chair Grifoni and Councilor Honig Not Present: 2- Councilor Batte and Councilor Rios 11. Resolutions for Adoption - None 12. Council Reports a. ID 18-460 Discussion - Improved Methodology for Handling City Manager Issues - Councilor Reed Councilor Reed held a discussion on an improved methodology for handling City Manager issues. (THE MEETING WENT INTO RECESS AT 7:52 P.M. IT IS NOTED FOR THE RECORD THE MEETING ADJOURNED EARLY DUE TO A MEDICAL EMERGENCY.) City of Marco Island Florida Page 8 City Council Meeting Minutes - Final August 20, 2018 b. ID 18-461 Discussion - Improved Methodology for Handling EMS Transport Billing - Councilor Reed This item was deferred. 13. Council Communications This item was deferred. 14. Future Agenda ID 18-346 Future Agenda Items This item was deferred. 15. City Manager's Report ID 18-347 City Manager’s Report This item was deferred. 16. City Attorney's Report ID 18-348 City Attorney’s Report This item was deferred. 17. Departmental Reports ID 18-349 Monthly Departmental Reports This item was deferred. 18. Citizens' Comments This item was deferred. 19. Adjournment There being no further business to come before City Council, the meeting adjourned at 8:07 P.M. ___________________________ Jared Grifoni, Council Chairman ATTEST: _________________________________________ Laura Litzan, City Clerk PREPARED BY: ________________________________________ Lisa Smith, Recording Specialist City of Marco Island Florida Page 9 City Council Meeting Minutes - Final August 20, 2018 City of Marco Island Florida Page 10