City Council

City of Marco Island Florida 51 Bald Eagle Drive Marco Island, Florida cityofmarcoisland.com Meeting Minutes - Final Monday, October 15, 2018 5:30 PM Community Meeting Room City Council City Council Meeting Minutes - Final October 15, 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 Lina Upham, Purchasing and Risk Manager Alan L. Gabriel, City Attorney Mike Murphy, Fire Chief Al Schettino, Police Chief Tim Pinter, Public Works Director Jeff Poteet, General Manager of Water and Sewer Daniel Smith, Community Affairs Director Samantha Malloy, Cultural, Parks and Recreation Manager Jordan Turek, Information Technology Director Officer Bill Miller, Marco Island Police Detail Officer Citizens and Visitors 3. Invocation - Led by Councilor Reed 4. Pledge of Allegiance - Led by Councilor Rios 5. City Manager's Public Update Interim City Manager Guillermo Polanco asked Fire Chief Murphy to give an update regarding Hurricane Michael. Chief Murphy responded and also noted that all proceeds from the Marco Island Fire Foundation's Chili Cook Off last weekend will go directly to firefighters in need resulting from Hurricane Michael. 6. Approval of Agenda and Consent Agenda (*) Councilor Batte requested removing Item 6-b-1 (Resolution approving a Memorandum of Understanding with the District School Board of Collier County, Florida, for the provision of School Resource Officers by the City of Marco Island) from the Consent Agenda. MOTION by Councilor Brown, seconded by Councilor Rios, 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.] (IT IS NOTED FOR THE RECORD, THE ITEMS ON THE AGENDA APPEAR IN NUMERICAL ORDER IN THE MINUTES.) A. (*)Approval of Minutes City of Marco Island Florida Page 1 City Council Meeting Minutes - Final October 15, 2018 1. ID 18-542 Approval of the City Council Special-Called Meeting Minutes of September 27, 2018 This item was approved under the Consent Agenda. 2. ID 18-408 Approval of the City Council Meeting Minutes of October 1, 2018 This item was approved under the Consent Agenda. 3. ID 18-543 Approval of the City Council Special-Called Meeting Minutes of October 4, 2018 This item was approved under the Consent Agenda. B. (*) Resolutions 1. ID 18-544 Resolution approving a Memorandum of Understanding with the District School Board of Collier County, Florida, for the provision of School Resource Officers by the City of Marco Island Councilor Batte removed this item from the Consent Agenda. He questioned what the monetary contribution amount and the status of obtaining Collier County Sheriffs in Marco Island schools and Chief Schettino responded. MOTION by Councilor Batte, seconded by Councilor Rios, to approve Resolution 18-78, a Memorandum of Understanding with the District School Board of Collier County, Florida, for the provision of School Resource Officers by the City of Marco Island. 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 18-557 Resolution approving and adopting as part of the City’s Emergency Plan, the Collier County Comprehensive Emergency Management Plan to provide effective and orderly governmental control for the purpose of preparing for, responding to, recovering from, and mitigating the effects of all potential natural or technological disasters This item was approved under the Consent Agenda. 3. ID 18-573 Resolution approving and authorizing the purchase of a Chevrolet Silverado 4500 Medium Duty Service Truck with a 5,000 lb Crane, for the Water and Sewer Department, in an amount not to exceed $80,880.33, utilizing the Sourcewell Bid Contract 2019-120716-NAF from Alan Jay Fleet Sales in Sebring, FL; authorizing the Interim City Manager to approve a purchase order and expend budgeted funds on behalf of the City This item was approved under the Consent Agenda. City of Marco Island Florida Page 2 City Council Meeting Minutes - Final October 15, 2018 7. City Council Items A. Presentations 1. ID 18-560 Proclamation for Domestic Violence Awareness Month On behalf of City Council, Chair Grifoni read a proclamation to Ms. Linda Oberhaus, Executive Director of The Shelter for Abused Women and Children declaring the month of October as Domestic Violence Awareness Month. 2. ID 18-561 Proclamation for Florida City Government Week - October 22-26 On behalf of City Council, Chair Grifoni read a proclamation declaring October 22 through 26, 2018 as Florida City Government Week. 3. ID 18-565 Proclamation for Women Veterans on the 100th Anniversary of World War I On behalf of City Council, Chair Grifoni read a proclamation for Veterans Day honoring Women in the Military. Following all the proclamations, on behalf of the citizens of Marco Island,Chair Grifoni presented Councilors Joe Batte and Bob Brown each a plaque in appreciation for their years of service on City Council. 4. ID 18-528 Presentation by Dr. Carlos Portu, Chairman of the Parks and Recreation Advisory Committee Parks and Recreation Advisory Committee (PRAC) Chair Carlos Portu gave an updated slideshow presentation for two (2) options for the Veterans' Community Park Master Plan from Kimley-Horn and answered Council's questions and concerns. He noted option two (2) is ultimately the direction PRAC felt would be more consistent with the current usage and provide the greater amount of flexibility both for event space along with daily use of the park. Public Comment: Mr. Mario Curiale, 820 Eubanks Court, spoke in favor of option two (2) but asked about young families. It is his opinion this park is strictly for the old timers. He suggested eliminating some of the green space for a two (2) story parking garage to alleviate parking concerns but he said Council seems to be more concerned with the Farmers Market than anything else. Ms. Gigi Davis, 1049 San Marco Road, remarked there is a great resource on Marco Island with the Marco Island Academy (MIA) high school students and suggested they ask them what they would like to see at the park since the Marco Island is getting younger. Mr. Andrew Kirlin, 1915 Sheffield Avenue, said he remembered voting on this issue and it was sold as being a waterfront park and it needs a walkway and shade along with water. Mr. Phil Kostelnik, 121 Channel Court, commented that twelve (12) years ago they started a bike committee with a master plan and in order to get community input, they set up a booth at the Farmers Market to obtain priorities in what the community wanted. City of Marco Island Florida Page 3 City Council Meeting Minutes - Final October 15, 2018 5. ID 18-574 Presentation by Tim Hall of Turrell, Hall & Associates - Water Quality Report for 2017 & 2018 Mr. Tim Hall with Turrell, Hall and Associates provided Council an update on the 2017/2018 water quality reports and answered Council's questions and concerns. It is noted for the record, Mr. Hall's presentation can be viewed in its entirety as an attachment by clicking on File ID 18-574. Public Comment: Mr. Ben Farnsworth, 1206 Edington Place, Waterways Advisory Committee Chair gave Council the following recommendations from the Committee Members after having discussions with Mr. Hall: *hire an independent agency for data analysis and collections *investigate joining the Southwest Florida Stormwater Association *consider implementing a street vacuum program for residential streets *consider adopting a PATON/ATON replacement policy program Mr. Mario Curiale, 820 Eubanks Court, noted he was in front of Council a year ago speaking about water conditions. He noted bigger houses are being built today and there is no place for the water to percolate so when the water washes off from the second story, it goes straight into the canals. He believes retention ponds are needed. Mr. Rick Woodworth, 908 North Barfield Drive, supports the Waterways Advisory Committee Chair and is in favor of monthly water testing. He displayed photographs of canals and believes the nitrogen problem needs to be immediately addressed. Mr. Dave Crain, 1076 Gayer Way, said it is very misleading to show pictures of other canals not on Marco Island. He asked if Marco is considered a Class two (2) Waterway and Mr. Hall confirmed it is. Mr Crain said that according to the Florida Department Environment Protection (DEP), the standards for nitrogen up and down the coast varies quite a bit. He expressed his concerns with not testing the outlining areas. Mr. Sam Young, 191 Lamplighter Drive, suggested using the drogue technology to determine if there is a flushing problem or not. B. Discussion 1. ID 18-562 Summary of Staff Proposed Funding Requests for the Collier County State Legislative Delegation Interim City Manager Guillermo Polanco held a discussion on a draft letter for proposed funding requests for the Collier County State Legislative Delegation which included projects that the City Directors are seeking. Following discussions, it was determined by unanimous consensus to schedule a special called meeting to prioritize the project requests for November 5, 2018 at 5:00 P.M. with Marco Island City Lobbyist Ron Book in attendance. 2. ID 18-572 Approval of Letter to County Manager Regarding Central Beach Regrading City of Marco Island Florida Page 4 City Council Meeting Minutes - Final October 15, 2018 (Editorial History: At the October 1, 2018 meeting, City Council received a presentation from Gary McAlpin, Manager of Coastal Zone Management for Collier County. Mr. McAlpin requested that Council send a letter to the County Manager asking that the language requiring dune plantings be removed from the approved temporary construction easement.) Discussions ensued and it was determined to add this project to the current moratorium which allows for construction work seven (7) days a week. MOTION by Councilor Rios, seconded by Councilor Honig, to approve the Approval of Letter to County Manager Regarding Central Beach Regrading with the addition of updating the current moratorium. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Batte, Councilor Brown, Councilor Reed, Councilor Rios, Vice-Chair Roman, Chair Grifoni and Councilor Honig 8. Citizens' comments on agenda items not scheduled for public hearing and items other than those appearing on the agenda. Ms. Gigi Davis, 1049 San Marco Road, advised she has been a resident for twenty-seven (27) years and noted there is an active grass roots group that is forming to bring a referendum to eliminate the Marco Island Police Department. It is her belief when you call 911 you can request a Collier County Sheriff Deputy and is asking Council to look into why the "Me Too" national organization is looking into Marco Island. Mr. Mario Curiale, 820 Eubanks Court, thanked Councilors Batte and Brown for their service and then he expressed his disappointment with City Council when he approached them two (2) months ago with concerns regarding a zoning violation and there has been no response from Council. He read into the record zoning requirements in C-5 properties and stated that should apply to all citizens. 9. Quasi-Judicial Public Hearing 10. Ordinances ID 18-564 Ordinance - First Reading - Fiscal Year 2018 Budget Re-appropriation (Editorial History: Each year the City prepares the budget based on estimated revenues and expenses for the coming year. During the course of the fiscal year, budget adjustments and revisions due to operational activities and actual expenses are approved by the City Council. The Finance Department periodically updates the City Council throughout the fiscal year on the status of the budget. These adjustments and revisions are then combined into a re-appropriation ordinance for ratification by City Council at the end of each fiscal year as the final amended fiscal year 2018 budget. The following summarizes the significant changes to the City’s FY 2018 budget: GENERAL FUND: The changes are primarily comprised of transfers to the Capital Projects Fund related the use of Fire and Parks impact fee funds, which are delineated below in the Capital Projects Fund details. Donations received amounted to $7,500 (Sponsorship of Concert Series). SELF INSURANCE FUND: The budgetary impact of for FY 2018 consists of $375,000 related to the insurance settlement proceeds for Station 51 which were expended in the Capital Projects Fund. CAPITAL PROJECTS FUND: The proposed changes are comprised of budget amendments and the prior year carry forward of purchase orders and unexpended appropriations of capital project funds from fiscal year 2017 to the fiscal year 2018 budget to fund capital projects. The largest budgetary amendments relate to $870,275 received in state grants for Public Works stormwater and linear sidewalk projects. Other increases include $224,510 for the use of Fire Department impact fees for Station 51, $469,228 for the use of impact fees to reimburse Mackle Park Facility costs, and $325,471 for the lease purchase of the Vac Truck. City of Marco Island Florida Page 5 City Council Meeting Minutes - Final October 15, 2018 BUILDING SERVICES FUND: The budgetary impact of for FY 2018 consists of $82,223 for the lease purchase of vehicles for the Building Services Department. WATER/SEWER ENTERPRISE FUND: The proposed budget amendment is primarily the use of operating reserves of $988,966, impact fee reserves of $1,631,000, and $3,555,976 of capital reserves for the Marco Shores Project. The Utility SAD (Sewer Assessment District) Fund was fully reimbursed for the expenditures of completed projects in the final amount of $39,247. The W&S Fund was also impacted by the prior year carry forward of purchase orders and unexpended appropriations of capital project funds from FY 2017 to the FY 2018 budget to fund capital projects.) Purchasing and Risk Manager Lina Upham read into the record by title only, Ordinance on first reading, for the Fiscal Year 2018 Budget Re-appropriation. Public Comment: None MOTION by Councilor Rios, seconded by Councilor Honig, to approve an Ordinance on First Reading, for the Fiscal Year 2018 Budget Re-appropriation. 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 ID 18-558 Resolution - Moratorium on Enforcing Sidewalk Ordinance (Editorial History: On February 1st, 1999, the Marco Island City Council adopted an Ordinance 99-01 mandating that vacant lot owners construct and maintain their sidewalks in order to provide pedestrian continuity throughout the City. This Ordinance was amended on September 9, 2005 (Ordinance 05-10) to clarify the duty of abutting property owners to construct and maintain sidewalks; add an appeal process for assessed owners; and provide for private rights of action for injuries or damages arising from violations of the sidewalk ordinance. From 1999 to 2003, City Council created four special assessment districts (Resolutions 99-21, 00-24, 01-40 and 03-20) that provided for the construction of sidewalks on vacant lots and the payment of the construction assessments by the property owners. This program was discontinued in 2003 by the then City Council, following the purchase of the water-sewer utility and the implementation of the Septic Tank Replacement Program. In 2015, the prior City Council resurrected this issue and asked that the Planning Board review the matter and forward their recommendation. Staff presented background documents to the Planning Board on December 4, 2015 and received consensus to recommend to the City Council to comply with the existing sidewalk codes on a priority basis. Staff presented this recommendation to the Council as part of City Manager’s monthly report at the January 4, 2016 City Council meeting. At the October 1, 2018 meeting, Councilor Honig presented a position paper on establishing a moratorium on requiring sidewalks on undeveloped (vacant) lots until staff can revisit the matter. The moratorium will not suspend the duty of each property owner to maintain and keep in good repair sidewalks that currently exist regardless if the sidewalk abuts a developed or undeveloped lot.) Purchasing and Risk Manager Lina Upham read into the record, by title only Resolution 18-80. Public Comment: Mr. Rony Joel, 1712 North Bahama Avenue, representing a small group of Marco Island walkers, stated they fully support this Ordinance and is asking Council to evaluate one alternative refinement which is to limit this moratorium to strictly residential lots. He believes the lots that are zoned commercial should continue to have sidewalks. City of Marco Island Florida Page 6 City Council Meeting Minutes - Final October 15, 2018 Ms. Gigi Davis, 1049 San Marco Road, said to replace concrete is an additional burden on the homeowner especially after Hurricane Irma and is not covered under homeowners insurance. Discussions ensued and Councilor Rios did not agree with Councilor Honig's amendments to the original motion and withdrew as the seconder. Public Comment on the Amended Motion: Ms. Gigi Davis, 1049 San Marco Road, questioned how this moratorium helps the homeowner when the existing sidewalks were damaged from Hurricane Irma and is not covered under the insurance companies. MOTION by Councilor Honig, seconded by Councilor Rios, to approve Resolution 18-80, Moratorium on Enforcing Sidewalk Ordinance. NO VOTE TAKEN ON THIS MOTION MOTION by Councilor Honig, seconded by Councilor Rios, to approve Resolution 18-80, Moratorium on Enforcing Sidewalk Ordinance, amended to add the word "residential" in the first whereas clause, in the Section two (2) of the Resolution. NO VOTE TAKEN ON THIS MOTION MOTION by Councilor Honig, seconded by Vice-Chair Roman, to approve Resolution 18-80, Moratorium on Enforcing Sidewalk Ordinance, amended to add the word "residential" in the second whereas clause, in Section two (2) of the Resolution and in the title. 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 18-570 Discussion - Property Assessment Clean Energy (PACE) Program - Vice-Chair Roman Vice-Chair Roman held a discussion on the Property Assessment Clean Energy (PACE) which is a program available to property owners. It is noted for the record, there are two (2) district representatives from the PACE program to answer any questions or concerns from Council. Public Comment: None MOTION by Vice-Chair Roman, seconded by Councilor Rios, to bring back a Resolution enabling the PACE program for the City of Marco Island and approve a standard form agreement with the PACE providers based upon the City Attorney's recommended best method. NO VOTE TAKEN ON THIS MOTION MOTION by Vice-Chair Roman, seconded by Councilor Rios, to bring back a Resolution enabling the PACE program for the City of Marco Island and approve a standard form agreement with the PACE providers based upon the City Attorney's recommended best method, amended to change the the word "Resolution" to the word "recommendation". City of Marco Island Florida Page 7 City Council Meeting Minutes - Final October 15, 2018 Yes: 7- Councilor Batte, Councilor Brown, Councilor Reed, Councilor Rios, Vice-Chair Roman, Chair Grifoni and Councilor Honig b. ID 18-571 Discussion - Community Engagement - On-Line City Hall - Vice-Chair Roman Vice-Chair Roman held a discussion on community engagement utilizing a tool called "On-line City Hall" for citizen involvement. MOTION by Vice-Chair Roman, seconded by Councilor Honig, to recommend the City Manager research citizen engagement options for Marco Island. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Batte, Councilor Brown, Councilor Reed, Councilor Rios, Vice-Chair Roman, Chair Grifoni and Councilor Honig c. ID 18-577 Discussion - Letter from County Manager Regarding Fertilizer Ordinance Workshop Chair Grifoni held a discussion on a letter received from Collier County Manager Leo Ochs regarding a Fertilizer Ordinance Workshop tentatively scheduled for February 5, 2019. MOTION by Chair Grifoni, seconded by Councilor Reed, to respond to the letter from Collier County Manager Leo Ochs indicating Marco Island is looking forward to participate and provide the contact details to Council at this time and amend that later with more specifics. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Batte, Councilor Brown, Councilor Reed, Councilor Rios, Vice-Chair Roman, Chair Grifoni and Councilor Honig 13. Council Communications Councilor Brown had no comment. Councilor Honig commented on the Southwest Florida League of Cities Organization which he agreed to represent the City of Marco Island and stated this organization has turned out to be a very helpful group with some amazing programs which is being implemented at Marco Island Academy. He also invited everyone to their annual dinner where the key note speaker will be Kathleen Passidomo on October 17, 2018. Councilor Batte asked the City Manager who is responsible for the overall upkeep and maintenance for the Veterans' Community Park, especially the memorial. Interim City Manager Guillermo Polanco responded Parks, Culture and Recreation Manager Samantha Malloy. Vice-Chair Roman reminded everyone of the upcoming ethics training for Marco Island Boards and Committees at Mackle Park on October 22, 2018 and would like to see some time in the future a Resolution that ties the Committee Handbook and training together. Councilor Rios spoke on three (3) items; Committee meeting times, holding a thank you day for volunteers and Tommie Barfield Elementary (TBE) will be holding a ceremony on November 9, 2018 for Veteran's Day. Councilor Reed supports the City Manager and staff regarding the time limit for committee meetings due to staff limitations. City of Marco Island Florida Page 8 City Council Meeting Minutes - Final October 15, 2018 Chair Grifoni updated Council on the meeting between City Staff and Collier County on October 10, 2018 to discuss a full time second ambulance for Marco Island and the County will get back to Marco Island on several items discussed. Chair Grifoni noted concerns received from citizens who have reached out to him regarding the expired parking moratorium that was established during holidays. Following discussion, it was determined by unanimous consensus (7-0) to bring back a Resolution for the holiday parking moratorium at the next meeting. 14. Future Agenda ID 18-409 Future Agenda Items Councilor Reed removed his discussion topic of City sidewalks and public private partnership to improve the racquet center from the future agenda. Chair Grifoni reiterated the November 5, 2018 special City Council meeting to discuss the legislative priorities. 15. City Manager's Report ID 18-410 City Manager’s Report Interim City Manager Guillermo Polanco provided his report and answered Council's questions or concerns. 16. City Attorney's Report ID 18-411 City Attorney’s Report City Attorney Alan Gabriel provided his report and answered Council's questions and concerns. It was determined that it was not necessary for City Attorney Alan Gabriel to attend the City Council Special Called meeting on November 5, 2018 at 5:00 P.M. 17. Departmental Reports ID 18-412 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 Growth Management Report - Community Affairs Director Dan Smith Building Services Department Report - Chief Building Official Raul Perez Fire-Rescue Report - Fire Chief Mike Murphy 18. Citizens' Comments - None City of Marco Island Florida Page 9 City Council Meeting Minutes - Final October 15, 2018 19. Adjournment There being no further business to come before City Council, the meeting adjourned at 9:30 P.M. ___________________________ Jared Grifoni, Council Chairman ATTEST: _________________________________________ Laura Litzan, City Clerk PREPARED BY: ________________________________________ Lisa Smith, Recording Specialist City of Marco Island Florida Page 10