City Council

City of Marco Island Florida 51 Bald Eagle Drive Marco Island, Florida cityofmarcoisland.com Meeting Minutes - Final Tuesday, September 4, 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 September 4, 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, Interim City Manager Laura Litzan, City Clerk Alan L. Gabriel, City Attorney Mike Murphy, Fire Chief Al Schettino, Police Chief Zach Simpson, Internal Auditor/Special Assessments Accountant Tim Pinter, Director of Public Works Jeff Poteet, General Manager of Water and Sewer Daniel Smith, Community Affairs Director Jason Smalley, Planner II Samantha Malloy, Cultural, Parks and Recreation Manager Zach McGraw, Senior Network Specialist Lisa Smith, Recording Specialist Officer Bill Miller, Marco Island Police Detail Officer Citizens and Visitors 3. Invocation - Led by New Life Community Church Senior Pastor Thomas McCulley 4. Pledge of Allegiance - Led by Ad Hoc Parking Solutions Advisory Committee Chair Robert Cholka 5. City Manager's Public Update Interim City Manager Guillermo Polanco advised Council and the public that Tropical Storm Gordon served as a reminder that hurricane season is here and make sure your plans are in place. 6. Approval of Agenda and Consent Agenda (*) Vice-Chair Roman requested a change in the order of the Agenda, to move Item 12-a (Council Reports - City Manager Search - Florida City & County Managers Association (FCCMA) Senior Advisor Program) after Item 10-e (Ordinance - First Reading - Amending Exhibit “A” Utility Rate Schedule to Ordinance 2003-19). Following discussion, it was determined to move Item 12-a after Item 10-h (Ordinance - Second Reading - Boat Docking Facilities, Revising Encroachments into the Riparian Side Setbacks). MOTION by Vice-Chair Roman, seconded by Councilor Rios, to approve the Agenda as amended and Consent Agenda. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Batte, Councilor Brown, Councilor Reed, Councilor Rios, Vice-Chair Roman, Chair Grifoni and Councilor Honig [Approval of Consent Agenda passes all routine items indicated by asterisk (*). Consent Agenda items are not considered separately unless a council member so requests. In the event of such a request, the item is returned to the Regular Agenda.] City of Marco Island Florida Page 1 City Council Meeting Minutes - Final September 4, 2018 (IT IS NOTED FOR THE RECORD, THE ITEMS ON THE AGENDA APPEAR IN NUMERICAL ORDER IN THE MINUTES.) A. (*)Approval of Minutes ID 18-350 Approval of the City Council Meeting Minutes of August 20, 2018 This item was approved under the Consent Agenda. B. (*) Resolutions 1. ID 18-478 Resolution - Variance Petition (VP-18-002439) request to increase the height of a privacy wall from six feet to eight feet at 320 W. Flamingo Circle, Marco Island, FL 34145 This item was approved under the Consent Agenda. 2. ID 18-479 Resolution - Variance Petition (VP-18-001332) request reducing front yard setback from twenty-five (25) feet to four (4) feet and seven (7) feet along South Barfield Drive, side yard setback to seven (7) feet in lieu of the required 10-foot side yard setback along the canal, and rear yard setback from twenty-five (25) to twenty-three (23) and twenty-one (21) for the property address of 1596 Shores Court, Marco Island, FL 34145. This item was approved under the Consent Agenda. 3. ID 18-482 Resolution Appointing Mr. Robert Hughes to the Audit Advisory Committee - Appointment by Chairman Jared Grifoni This item was approved under the Consent Agenda. 7. City Council Items A. Presentations 1. ID 18-481 YMCA Proclamation On behalf of City Council, Chair Grifoni read a proclamation recognizing the Greater Marco Family YMCA for its service to the Marco Island community. 2. ID 18-464 Ad Hoc Parking Solutions Committee Presentation - Chair Robert Cholka Ad Hoc Parking Solutions Advisory Committee Chair Robert Cholka gave a slideshow presentation outling the committee's findings and recommendations for improvements on a multi-phased approach for no-cost solutions, low-cost solutions and a comprehensive parking plan covering the next three (3) to five (5) years. He is seeking Council approval for their no-cost and low-cost solutions in their parking plan. City of Marco Island Florida Page 2 City Council Meeting Minutes - Final September 4, 2018 Following the presentation, discussions ensued and it was determined by unanimous consensus to forward the no-cost solutions to the next agenda. Chair Cholka will provide information on the Collier Area Transit (CAT) funds for Marco Island to Council Rios. Councilor Rios will try to place that item on the next Collier County Tourist Development Council agenda for discussion. 8. Citizens' comments on agenda items not scheduled for public hearing and items other than those appearing on the agenda. The following Marco Island residents all spoke in favor of the City restoring the sailing program at the Marco Island Sailing Center located at the Marco Island Yacht Club, 1400 North Collier Boulevard, Marco Island, Florida and expressed their support for Sailing Instructor Rocky Cale: Mr. Terry Naylon, 1061 South Collier Boulevard Unit 201 Mr. Zach Schemel, 1345 Whiteheart Avenue Ms. Cindy Roloff, 1440 Jamaica Road Ms. Grace Roloff, 1440 Jamaica Road Mr. George Domenech, 907 Panama Court Ms. Milagros Perez-Distel, 905 San Marco Road Mr. Marco Distel, 905 San Marco Road Mr. Phil Kostelnik, 121 Channel Court Ms. Jeannette Patterson, 462 Pepperwood Court Ms. Elizabeth Patterson, 462 Pepperwood Court Mr. Tom Kramer, 510 Bald Eagle Drive Mr. Bob Bacon, 601 Inlet Drive, said he was glad to see so many young people in attendance. He spoke about the pollution in the waterways and recommended a possible solution would be to ban all chemicals used outside of the houses. Mr. Phil Kostelink, 121 Channel Court, was called to speak but conceded his time. Mr. Bill McMullan was called to speak and deferred his time until the second public comment time slot. Following public comment, Interim City Manager Guillermo Polanco advised Council and the public of the following factors regarding the sailing center not being open: *inspections from Federal Emergency Management Agency (FEMA) *inspections from the Army Corp of Engineers *parking issues *indemnification clause recommended by the City Attorney *repairs to the fence and dock Cultural, Parks and Recreation Manager Samantha Malloy addressed comments made. Following discussion, Council unanimously concurred to have a resolution brought forward to the September 17, 2018 City Council meeting. 9. Quasi-Judicial Public Hearing - None 10. Ordinances a. ID 18-436 Ordinance - First Reading - FY2019 Adoption of Millage Rate Ordinance - City of Marco Island City of Marco Island Florida Page 3 City Council Meeting Minutes - Final September 4, 2018 (Editorial History: City Council is requested to consider on first reading a total of four (4) separate ordinances for the 2019 Budget. This ordinance conforms with the discussions made at your July 16, 2018 Budget Workshop with respect to the tentative millage per Resolution 18-53. It is for the official adoption of the millage rate for the City of Marco Island. Section 200.065, Florida Statutes, governs the budget adoption process. The Truth in Millage (“TRIM”) statute establishes a detailed time line and approval process that includes the requirement for two (2) public hearings held in the month of September and separate ordinances for establishing tax levies and approval of annual budgets. In order to be in compliance with the TRIM regulations, City Council is required to take four separate actions in a specified order. At each of the public hearings, the public may speak and ask questions before Council adopts any measures. Council must adopt a millage rate before it adopts a budget. The millage rate and budget must be adopted by separate votes at the advertised hearing. The final millage rate at the second hearing cannot exceed the tentatively adopted millage rate. THE MILLAGE RATE ON FIRST READING IS 2.0300 MILS FOR CITY OPERATIONS AND 0.0796 MILS FOR CITY VOTED DEBT SERVICE. ANY CHANGE APPROVED BY CITY COUNCIL WILL BE REFLECTED ON SECOND READING. At the hearing, before the adoption of the millage levy ordinances, the following must be announced: * The name of the principal taxing authority is the City of Marco Island, Florida. * The current year aggregate rolled-back rate is 1.9147 mils. * The change over the aggregate rolled-back rate is 9.66 percent. * The millage rate to be levied is 2.0300 mils for City of Marco Island operations and 0.0796 mils for City voted debt service for a total of 2.1096 mils. * The City has a dependent special district and the Board of Supervisors of the Hideaway Beach Special Taxing District at the July 26, 2018 meeting has recommended a tax levy of 1.4107 mils for district operations.) Interim City Manager Guillermo Polanco read into the record by title only, an Ordinance on first reading the FY2019 adoption of millage rate of ordinance for the City of Marco Island. Public Comment: Mr. Keith Flauge, 1390 Quintara Court, reminded Council of the 2016 campaign promise to champion maintaining the roll back millage rate which would keep the City's revenues constant without raising taxes that all four (4) elected Councilors said yes in writing. He commented their honesty and integrity is at stake. Mr. Sam Young, 191 Lamplighter Drive, pointed out at the July 16, 2018 City Council meeting, Council advised the public that their taxes would be no higher than 2.030 mils and if the COPCN failed, then Council committed to set the millage at roll back rate of 1.8492 mils. He said if Council does not do that, which is the honorable and transparent thing to do, then they mislead the citizens of Marco Island. MOTION by Councilor Honig, seconded by Councilor Rios, to approve an Ordinance on First Reading - FY2019 Adoption of Millage Rate Ordinance for the City of Marco Island, amended to change the millage rate to 1.8492. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 5- Councilor Batte, Councilor Rios, Vice-Chair Roman, Chair Grifoni and Councilor Honig No: 2- Councilor Brown and Councilor Reed (THE MEETING WENT INTO RECESS AT 7:30 P.M. IT IS NOTED FOR THE RECORD THE SAME COUNCILORS WERE PRESENT WHEN THE MEETING RECONVENED AT 7:35 P.M.) City of Marco Island Florida Page 4 City Council Meeting Minutes - Final September 4, 2018 b. ID 18-437 Ordinance - First Reading - FY2019 Adoption of Budget Ordinance - City of Marco Island (Editorial History: This is the second of the required ordinances in the budget adoption process, with first reading approval of the City budget. The budget is presented as a separate document for consideration by City Council. Section 200.065, Florida Statutes, governs the budget adoption process. The Truth in Millage (“TRIM”) statute establishes a detailed time line and approval process that includes the requirement for two public hearings held in the month of September and separate ordinances for approval of annual budgets. In order to be in compliance with the TRIM regulations, City Council is required to take separate actions in a specified order. At all the public hearings, the public may speak and ask questions before the Council adopts any measures. Before Council adopts a budget, it must first have an adopted millage rate. Water & Sewer Fund is presented with budgeted revenues based on projected water and sewer sales for fiscal year 2018 and a 1% decrease to the surcharge, with no allowance for potential changes in usage due to weather, conservation, or other factors. ) Interim City Manager Guillermo Polanco read into the record by title only, an Ordinance on first reading, the FY2019 adoption of budget ordinance for the City of Marco Island and advised the $1,801,825. will be removed for the second reading. Councilor Brown made a motion to give all employees a ten (10%) percent raise for the upcoming year. Councilor Reed seconded the motion but would rather it be under Council Communication or wherever the Chair directs. Chair Grifoni ruled the motion out of order and suggested Councilor Brown withdraw his motion and bring it up later in the meeting. Public Comment: Mr. Bob Bacon, 601 Inlet Drive, was called to speak but left the meeting. MOTION by Councilor Rios, seconded by Councilor Honig, to approve an Ordinance on First Reading, the FY2019 Adoption of Budget Ordinance for the City of Marco Island. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 5- Councilor Batte, Councilor Rios, Vice-Chair Roman, Chair Grifoni and Councilor Honig No: 2- Councilor Brown and Councilor Reed c. ID 18-438 Ordinance - First Reading - FY2019 Adoption of Millage Rate Ordinance - Hideaway Beach Special Taxing District (Editorial History: This ordinance is the adoption of the millage rate for the Hideaway Beach Special Taxing District. Section 200.065, Florida Statutes, governs the budget adoption process. The Truth in Millage (“TRIM”) statute establishes a detailed time line and approval process that includes the requirement for two public hearings held in the month of September and separate ordinances for establishing tax levies and approval of annual budgets. In order to be in compliance with the TRIM regulations, City Council is required to take separate actions in a specified order. At each of the public hearings, the public may speak and ask questions before Council adopts any measures. Council must adopt a millage rate before it adopts a budget. The millage rate and budget must be adopted by separate votes at the advertised hearing. The final millage rate at the second hearing cannot exceed the tentatively adopted millage rate. THE MILLAGE RATE ON FIRST READING IS 1.4107 MILS FOR DISTRICT OPERATIONS. ANY CHANGE APPROVED BY CITY COUNCIL WILL BE REFLECTED ON SECOND READING. City of Marco Island Florida Page 5 City Council Meeting Minutes - Final September 4, 2018 Required public hearing announcements will be made prior to consideration of the first ordinance and not repeated. * The name of the taxing authority is Hideaway Beach District. *The current year rolled-back rate is 1.4107 mils. *The Hideaway Beach District is a dependent special district of the City and the Board of the Hideaway Beach Special Taxing District at the July 26, 2018 meeting has recommended a tax levy of 1.4107 mils for district operations.) Interim City Manager Guillermo Polanco read into the record by title only, an Ordinance on first reading, the FY2019 adoption of millage rate ordinance for the Hideaway Beach Special Taxing District. Public Comment: None MOTION by Councilor Rios, seconded by Councilor Honig, to approve an Ordinance on First Reading, the FY2019 Adoption of Millage Rate Ordinance for the Hideaway Beach Special Taxing District. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Batte, Councilor Brown, Councilor Reed, Councilor Rios, Vice-Chair Roman, Chair Grifoni and Councilor Honig d. ID 18-439 Ordinance - First Reading - FY2019 Adoption of the Budget Ordinance - Hideaway Beach Special Taxing District (Editorial History: This is the last of the required ordinances in the budget adoption process, with first reading approval of the Hideaway Beach Special Taxing District Budget predicated on a fiscal year 2019 millage of 1.4107. Section 200.065, Florida Statutes, governs the budget adoption process. The Truth in Millage (“TRIM”) statute establishes a detailed time line and approval process that includes the requirement for two public hearings held in the month of September and separate ordinances for approval of annual budgets. In order to be in compliance with the TRIM regulations, City Council is required to take separate actions in a specified order. At all the public hearings, the public may speak and ask questions before the Council adopts any measures. Before Council adopts a budget, it must first have adopted a millage rate.) Interim City Manager Guillermo Polanco read into the record by title only, an Ordinance on first reading, the FY2019 adoption of the budget ordinance for the Hideaway Beach Special Taxing District. Public Comment: None MOTION by Councilor Rios, seconded by Councilor Honig, to approve an Ordinance on First Reading, FY2019 Adoption of the Budget Ordinance for the Hideaway Beach Special Taxing District. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Batte, Councilor Brown, Councilor Reed, Councilor Rios, Vice-Chair Roman, Chair Grifoni and Councilor Honig e. ID 18-435 Ordinance - First Reading - Amending Exhibit “A” Utility Rate Schedule to Ordinance 2003-19. (Editorial History: The attached Ordinance adopts the decrease of the 5% surcharge fees by 1% to start November 1, 2018. Per the City’s debt service requirements for its capacity related bonds the surcharge fees can be decreased.) City Clerk Laura Litzan read into the record by title only, an Ordinance on first reading, amending exhibit “A” utility rate schedule to Ordinance 2003-19. City of Marco Island Florida Page 6 City Council Meeting Minutes - Final September 4, 2018 Public Comment: Mr. Ken Honecker, 632 Dorando Court, spoke about the water rates and is asking Council to fix an error that occurred when he was on Council which is to remove the $3.00 meter reading charges. MOTION by Councilor Brown, seconded by Councilor Rios, to approve an Ordinance Ordinance on First Reading - Amending Exhibit “A” Utility Rate Schedule to Ordinance 2003-19. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Batte, Councilor Brown, Councilor Reed, Councilor Rios, Vice-Chair Roman, Chair Grifoni and Councilor Honig f. ID 18-477 Ordinance - First Reading - Group Housing and Assisted Living Facilities permitted density and intensity (Editorial History: Land Development Code (LDC) amendment to Section 30-1018 addressing the manner of which intensity is regulated for Assisted Living Facilities (ALF) in commercial zoning districts. The applicant wishes to clarify and amend the code to eliminate any parameters of “density” within commercial zoning districts as it relates to Group Housing (Assisted Living Facility (ALF)). Also, revising definitions, and providing for a public safety evacuation plan. Planning Board denied this proposal at the August 3, 2018 Planning Board meeting.) City Clerk Laura Litzan read into the record by title only, an Ordinance on first reading for group housing and assisted living facilities permitted density and intensity. Mr. Bob Mulhere, representing the applicant, gave a slideshow presentation and read into the record, the added language regarding the conditional use. Public Comment: Ms. Cheryl Lee, 241 North Barfield Drive, believes all the churches on Marco Island are wonderful and accepts everyone and the Island should take care of their own. She recommended allowing the churches to buy a house and take care of those in need. Mr. Joseph Oliverio, 1340 Caxambas Court, spoke in favor of an assisted living facility on the Marco. He said his family could use this instead of relocating to Chicago. He believes Marco Island needs this and hopes Council supports this Ordinance. City Attorney Alan Gabriel asked for clarification on the language before calling the vote. Following discussion, it was determined to forward the added language for the second reading. MOTION by Councilor Brown, seconded by Councilor Honig, to approve an Ordinance on First Reading for Group Housing and Assisted Living Facilities, Permitted Density and Intensity, amended to include the conditional use. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 5- Councilor Batte, Councilor Brown, Vice-Chair Roman, Chair Grifoni and Councilor Honig No: 2- Councilor Reed and Councilor Rios g. ID 18-476 Ordinance - Second 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 City of Marco Island Florida Page 7 City Council Meeting Minutes - Final September 4, 2018 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. On August 20, 2018 City Council voted 3-2 (2 members absent) to approve this Ordinance on the first reading.) City Clerk Laura Litzan read into the record by title only, Ordinance 18-12 on second reading for hurricane preparedness property maintenance. Public Comment: None MOTION by Vice-Chair Roman, seconded by Councilor Reed, to approve Ordinance 18-12 on Second Reading for Hurricane Preparedness Property Maintenance as approved at First Reading, without the addition of the Chair of the City Council in the document. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Batte, Councilor Brown, Councilor Reed, Councilor Rios, Vice-Chair Roman, Chair Grifoni and Councilor Honig h. ID 18-475 Ordinance - Second 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-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. On August 20, 2018 City Council voted 5-0 (2 members absent) to approve this Ordinance on the first reading.) City Clerk Laura Litzan read into the record by title only, an Ordinance 18-13 on second reading, on boat docking facilities, revising encroachments into the riparian side setbacks. Public Comment: None MOTION by Vice-Chair Roman, seconded by Councilor Honig, approving Ordinance 18-13 on Second Reading - Boat Docking Facilities, Revising Encroachments into the Riparian Side Setbacks. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Batte, Councilor Brown, Councilor Reed, Councilor Rios, Vice-Chair Roman, Chair Grifoni and Councilor Honig 11. Resolutions for Adoption MOTION by Councilor Rios, to extend the meeting twenty (20) minutes to 9:50 P.M., amended to thirty (30) minutes to 10:00 P.M. MOTION FAILED FOR LACK OF SECOND City of Marco Island Florida Page 8 City Council Meeting Minutes - Final September 4, 2018 MOTION by Councilor Reed, seconded by Vice-Chair Roman to extend the meeting fifteen (15) minutes to 9:45 P.M. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Councilor Batte, Councilor Reed, Councilor Rios, Vice-Chair Roman, Chair Grifoni and Councilor Honig No: 1- Councilor Brown a. ID 18-480 Resolution - Variance Petition (VP-17-005368) request for an encroachment into the riparian setbacks (Editorial History: The Applicant would like to rebuild the existing dock structures at Maxime Condominiums and is requesting a variance to allow dock structures to be placed 5 feet from the northern side riparian line, where a minimum setback of 15 feet is required. The subject parcel is zoned RMF-16 and contains an existing multifamily condominium structure. The neighboring parcels to the North and South are also zoned RMF-16 and also contain existing multifamily condominium structures. The condominium association to the north has signed an agreement with the applicant, both agreeing that the other may encroach upon the required 15 foot setback to place structures within 5 feet of the shared riparian line. The Applicant has stated that this encroachment is necessary in order to provide new finger piers that are greater in width than the existing finger piers, citing several incidents where the narrowness of the existing finger piers created unsafe conditions for residents and guests. On August 3, 2018 Planning Board voted 5-0 (2 members absent) to approve this Resolution.) City Clerk Laura Litzan read into the record by title only, Resolution 18-67. Mr. Craig Woodward, Attorney for the applicant, agreed to all of staff's conditions for approval. Public Comment: None MOTION by Councilor Rios, seconded by Vice-Chair Roman, to approve Resolution 18-67, Variance Petition (VP-17-005368) request for an encroachment into the riparian setbacks. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Batte, Councilor Brown, Councilor Reed, Councilor Rios, Vice-Chair Roman, Chair Grifoni and Councilor Honig 12. Council Reports a. ID 18-483 City Manager Search - Florida City & County Managers Association (FCCMA) Senior Advisor Program (Editorial History: Mr. Ken Parker, representing the FCCMA Senior Advisory Program, is assisting City Council in reviewing possible candidates for the position of Interim City Manager. Mr. Parker provided a memorandum dated August 28 regarding the policy issues that need to be addressed. He will be present at this meeting to respond to Council’s questions. At the August 20, 2018 meeting, City Council selected five candidates to interview for the position: Mr. David Harden Mr. James Hock Ms. Maria Menendez Mr. Don Stilwell Mr. William Vance* *Mr. Vance has withdrawn from consideration. Subsequently, Mr. Dave Gleason of Gleason & Associates, Inc. notified the City Clerk that the initial background search (Option 1) could be accomplished by the September 4 deadline stipulated by Council. City of Marco Island Florida Page 9 City Council Meeting Minutes - Final September 4, 2018 The more comprehensive on-site background investigation (Option 3) will be conducted on the “to be named” candidates as soon as possible. The candidates have been notified of the following interview schedule: •September 11 – arrival; tours of the city for candidates conducted by staff. •September 12 – one-on-one candidate interviews with each councilor. •September 13 – special-called meeting tentatively scheduled for 5:30 p.m. for Council interviews.) Mr. Parker held a discussion on the next steps in the City Manager search process. Public Comment: Mr. Bill McMullan, Marco Island Resident, suggested to Council they violated State Statute Sunshine Law regarding proceedings at the last meeting which invalidates the actions which are on todays agenda. He noted the Sunshine Law violations and quoted case law. He suggested the actions taken at the last meeting was invalid and Council should start the process all over again. City Attorney Alan Gabriel cited there were no Sunshine Law violations. MOTION by Councilor Honig, seconded by Vice-Chair Roman, to invite Mr. David Harden, Mr. James Hock, Ms. Maria Menendez to come to Marco Island the week of September 12, 2018 for interviews. 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 Discussions continued after the vote was taken. City Clerk Laura Litzan asked for clarification on when to begin the secondary level three (3) background checks for the three (3) candidates. Chair Grifoni asked for consensus and Councilor Honig made a point of order stating Council agreed at the last meeting if Council were to invite a number of people back, then at that point the next level of backgrounds checks would be conducted. That issue can not be revisited unless a Councilor on the winning side proposes that is retracted. MOTION by Councilor Honig, seconded by Vice-Chair Roman, to modify the original motion and invite the candidates back on September 25, 26 and 27, 2018 to provide the chance for deep background checks to be completed on each of the three (3) candidates and to be delivered to Council prior to the interviews. 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 Council continued their discussions regarding contracts. Mr. Parker recommended adding the contract terms and conditions to the next City Council meeting for discussion. Councilor Reed began his comments and Councilor Honig made two (2) points of order; the timing and the content. Chair Grifoni ruled in the affirmative for the content but if there is a brief summary of something Council has not heard before then that would be welcome at this time. Discussions ensued and Council concurred to add the two (2) contract templates provided by Mr. Parker to the future agenda. City of Marco Island Florida Page 10 City Council Meeting Minutes - Final September 4, 2018 b. ID 18-473 Discussion - Improved Methodology for Handling City Manager Issues - Councilor Reed - Continued from Council Meeting of August 20, 2018. This item was removed. 13. Council Communications Councilor Batte had no comment. Councilor Brown had no comment. Councilor Honig had no comment. Councilor Reed had no comment. Vice-Chair Roman reported back to Council on her meeting with Collier County Clerk of Courts Crystal Kinzel and advised Ms. Kinzel will assist Marco Island at no charge. Councilor Roman is now prepared to work with Ms. Kinzel to draft the parameters for the assistance to do a sampling of contracts, bidding processes and a few internal controls. She is asking Council if they prefer a written report back or a presentation from Collier County Clerks Office and it was determined a written report will be sufficient. Councilor Rios asked the status of revising Resolution 13-05, regarding the Burrowing Owl/Gopher Tortoise. Community Affairs Director Dan Smith replied it is forth coming. Councilor Rios commented on the water quality, the handling of water in the swales and reviewing the fertilizer ordinance. Chair Grifoni suggested Councilor Rios forward these items in a position paper with suggestions. Chair Grifoni inquired about the water quality presentation from Turrell, Hall and and Interim City Manager Guillermo Polanco replied he will reach out to them for a presentation to Council. Chair Grifoni commented on the ambulance issue and negotiations are still pending under the three (3) pronged approach. He is seeking consensus to authorize the City Manager to send a letter to Collier County Manager Leo Ochs requesting a preliminary meeting to set parameters to get a second full time ambulance for Marco Island and Council unanimously concurred. Chair Grifoni also requested Interim City Manager Guillermo Polanco research vendors for Global Positioning System (GPS) for City vehicles. 14. Future Agenda ID 18-351 Future Agenda Items Councilor Reed is requesting a position paper regarding City sidewalks to the future agenda. Councilor Honig is requesting to restore his discussion on strategy for a future agenda and confirmed there will be City Manager search materials on a future agenda. Chair Grifoni is requesting Marco Island City Lobbyist Ron Book attend a Council meeting in October to discuss legislative priorities. City of Marco Island Florida Page 11 City Council Meeting Minutes - Final September 4, 2018 MOTION by Councilor Rios, seconded by Councilor Honig, to extend the meeting five (5) minutes to 9:50 P. M. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Councilor Batte, Councilor Reed, Councilor Rios, Vice-Chair Roman, Chair Grifoni and Councilor Honig No: 1- Councilor Brown 15. City Manager's Report ID 18-352 City Manager’s Report Interim City Manager Guillermo Polanco provided his report and Council had no questions or concerns. 16. City Attorney's Report City Attorney Alan Gabriel commented on two (2) matters of litigation. He is seeking to schedule a special closed session with Council regarding The City vs The Environmental Protection Agency (EPA). Following discussion, it was determined by unanimous consensus to meet on September 17, 2018 at 4:30 P.M. The second item relates to a lawsuit filed against the City for failure to provide closed captioning on the City's website and TV station. He advised Council he was able to settle the lawsuit with the plaintiff for less than $10,000. if it is settled now. Following discussion, it was determined by unanimous consensus to authorize the City Attorney to settle that claim. 17. Departmental Reports ID 18-353 Monthly Departmental Reports Council has agreed to forego the departmental reports by staff unless Council has a specific question for the department head. Public Works Monthly Staff Report - Public Works Director Tim Pinter Water & Sewer Monthly Staff Report - General Manager Jeff Poteet Police Department Monthly Staff Report - Chief Al Schettino 18. Citizens' Comments Mr. Joseph Oliverio, 1340 Caxambas Court, said he was informed that a tenant in his building had an improper zoning designation that was obtained through the City's zoning department and City staff verified this and recommended he file a complaint with Code Enforcement. He questioned why a citation has not been issued as instructed and is asking that Captain Baer be recused from any matters regarding himself, his business and his family. MOTION by Councilor Honig, seconded by Councilor Rios, to extend the meeting five (5) minutes to 9:55 P.M. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Councilor Batte, Councilor Reed, Councilor Rios, Vice-Chair Roman, Chair Grifoni and Councilor Honig No: 1- Councilor Brown City of Marco Island Florida Page 12 City Council Meeting Minutes - Final September 4, 2018 19. Adjournment There being no further business to come before City Council, the meeting adjourned at 9:55 P.M. ___________________________ Jared Grifoni, Council Chairman ATTEST: _________________________________________ Laura Litzan, City Clerk PREPARED BY: ________________________________________ Lisa Smith, Recording Specialist City of Marco Island Florida Page 13