City Council
Regular MeetingMarco Island, FL · November 13, 2018
Minutes
City of Marco Island Florida
51 Bald Eagle Drive
Marco Island, Florida
cityofmarcoisland.com
Meeting Minutes - Final
Tuesday, November 13, 2018
5:30 PM
Community Meeting Room
City Council
Chair: Erik Brechnitz
Vice-Chair: Victor Rios
City Council: Jared Grifoni, Larry Honig, Howard Reed, Charlette Roman
and Sam Young
Interim City Manager: Guillermo Polanco
City Attorney: Alan L. Gabriel
City Clerk: Laura Litzan
City Council Meeting Minutes - Final November 13, 2018
Swearing in of Councilors Elect
Newly elected City Council Members Erik Brechnitz, Sam Young and re-elected City Council Member
Victor Rios were sworn in by the Honorable Ramiro Manalich, Southwest Florida 20th Judicial Circuit Court
Judge.
1. Call to Order
Chair Grifoni called the meeting to order at 5:34 P.M.
2. Roll Call
Present: 7- Councilor Reed, Councilor Roman, Councilor Grifoni, Councilor Honig, Vice-Chair
Rios, Chair Brechnitz and Councilor Young
Also Present
Guillermo Polanco, Interim City Manager
Laura Litzan, City Clerk
Alan L. Gabriel, City Attorney
Mike Murphy, Fire Chief
Dave Batiato, Deputy Fire Chief
Al Schettino, Police Chief
Dave Baer, Administrative Police Captain
Rich Stoltenborg, Operations Police Captain
Clayton Smith, Police Lieutenant
Lina Uhpam, Purchasing and Risk Manager
Tim Pinter, Director of Public Works
Jeff Poteet, General Manager of Water and Sewer
Daniel Smith, Community Affairs Director
Samantha Malloy, Cultural, Parks and Recreation Manager
Zach McGraw, Senior Network Specialist
Lisa Smith, Recording Specialist
Citizens and Visitors
3. Invocation - Led by Rabbi Mark Gross of the Marco Island Jewish Congregation
4. Pledge of Allegiance - Led by Councilor Honig
5. Election of Chair and Vice-Chair
ID 18-602 Election of Chair and Vice-Chair
(Editoral History: The City Charter provides “the Council shall elect a Chairman and Vice-Chairman to
serve for a term of one year at the first meeting following the Council election, and the annual anniversary
thereafter.” Council’s Rules of Procedure provides for the following process:
(a) The Chair will call for nominations, which do not require a second. A nominee may decline the
nomination. The Chair may exercise the prerogative to nominate. Nominations should continue until there
are no further nominations. Discussions may follow each of the nominations and of the entirety of
nominations.
(b) When no further nominations are forthcoming, the Chair should close the nominations and call for a
vote. The vote shall be in the order of the nominations received.
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City Council Meeting Minutes - Final November 13, 2018
(c) If there are more than two candidates nominated, it is possible that, following the vote, no candidate
will receive a majority (4) of votes. If there are three or more nominees, the nominee receiving the least
number of affirmative votes will be dropped from consideration, followed by a second vote on the
nominees receiving the most votes.
(d) In the event that neither of the remaining nominees receives a majority vote, or in the event of a tie
vote, the Chair shall reopen nominations followed again by a vote in order of nomination.
(e) Following the election of the Chair, the newly elected Chair shall immediately assume the role of Chair
and repeat the processes in (a) through (d) above to elect the Vice Chair.)
MOTION by Councilor Rios, nominating Councilor Brechnitz as Chair of City
Council. MOTION CARRIED BY THE FOLLOWING VOTE:
Yes: 5- Councilor Grifoni, Councilor Honig, Vice-Chair Rios, Chair Brechnitz and Councilor
Young
No: 2- Councilor Reed and Councilor Roman
MOTION by Councilor Reed, nominating Vice-Chair Roman as Chair of City
Council.
NO VOTE TAKEN ON THIS MOTION DUE TO THE MAJORITY VOTE ON THE
PREVIOUS MOTION
MOTION by Councilor Grifoni, nominating Councilor Rios as Vice-Chair of City
Council. MOTION CARRIED BY THE FOLLOWING VOTE:
Yes: 7- Councilor Reed, Councilor Roman, Councilor Grifoni, Councilor Honig, Vice-Chair
Rios, Chair Brechnitz and Councilor Young
(THE MEETING WENT INTO RECESS AT 5:42 P.M. IT IS NOTED FOR THE RECORD THE SAME
COUNCILORS WERE PRESENT WHEN THE MEETING RECONVENED AT 6:00 P.M.)
6. City Manager's Public Update
This item was deferred.
7. Approval of Agenda and Consent Agenda (*)
Councilor Roman requested removing Item 6-B-3 (Resolution - Temporary Driveway and Swale Parking
Moratorium in Residential Areas for the Holiday Season) from the Consent Agenda.
Vice-Chair Rios requested moving Item 13 (Council Reports-Discussion - City Manager Search Process)
after Item 10 (Quasi-Judicial Public Hearing) and Council concurred.
Councilor Young requested removing Item 6-B-4 (Resolution Authorizing the purchase of a new 2018
Western Star Truck with a Dump Body and Equipment per the approved Capital Improvement Program,
"pay as you go") from the Consent Agenda.
MOTION by Councilor Grifoni, seconded by Vice-Chair Rios, to approve the
Agenda and Consent Agenda as amended. MOTION CARRIED BY THE
FOLLOWING VOTE:
Yes: 7- Councilor Reed, Councilor Roman, Councilor Grifoni, Councilor Honig, Vice-Chair
Rios, Chair Brechnitz and Councilor Young
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City Council Meeting Minutes - Final November 13, 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 18-466 Approval of the City Council Meeting Minutes of October 15,
2018
This item was approved under the Consent Agenda
2. ID 18-631 Approval of the Special-Called Meeting Minutes of November 5,
2018
This item was approved under the Consent Agenda.
B. (*) Resolutions
1. ID 18-575 Resolution Approving and Authorizing the Execution of an
Agreement for Apparatus Maintenance Services between
Greater Naples Fire District and the City of Marco Island.
This item was approved under the Consent Agenda.
2. ID 18-592 Resolution Authorizing a Temporary Moratorium on the
Enforcement of Construction Activities taking place on Sundays
for the Central Beach Regrading Project
This item was approved under the Consent Agenda.
3. ID 18-598 Resolution - Temporary Driveway and Swale Parking
Moratorium in Residential Areas for the Holiday Season
(Editorial History: At the October 5, 2018 meeting, City Council directed staff to prepare a
resolution to allow parking over the driveway sidewalks and in swales in residential areas
during the holiday season. The resolution will automatically expire on January 7, 2019, unless
extended by City Council.)
City Clerk Laura Litzan read into the record by title only, Resolution 18-84.
Councilor Roman removed this item from the Consent Agenda. She is proposing that Council
adopt this as a holiday provision in the Code since this is the third year that Council has
approved a temporary provision for a moratorium on this parking.
Discussions ensued and it was determined to approve this Resolution now and then seek
additional recommendations from the Interim City Manager and forward to a future meeting if
necessary.
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City Council Meeting Minutes - Final November 13, 2018
Public Comment:
Mr. Robert Cholka, 361 Colonial Avenue, Chair of the Ad Hoc Parking Solutions Committee,
commented this is important to do for the citizens of Marco Island.
MOTION by Councilor Grifoni, seconded by Vice-Chair Rios, to
approve Resolution 18-84, Temporary Driveway and Swale Parking
Moratorium in Residential Areas for the Holiday Season. MOTION
CARRIED BY THE FOLLOWING VOTE:
Yes: 7- Councilor Reed, Councilor Roman, Councilor Grifoni, Councilor Honig,
Vice-Chair Rios, Chair Brechnitz and Councilor Young
4. ID 18-623 Resolution Authorizing the purchase of a new 2018 Western Star
Truck with a Dump Body and Equipment per the approved
Capital Improvement Program, "pay as you go".
(Editorial History: The Public Works Department is requesting capital funding to purchase
a new 2018 Western Star Truck with a Dump Body and equipment that was originally included
within the FY14 Capital Improvement Program and is currently contained within the FY19
Capital Improvement Program. The purchase of this Dump Truck was recommended by the
Ad-Hoc Hurricane Irma Review Committee and will be used during emergencies as well as
during normal Public Works Operations. The new 2018 Western Star Truck with Dump Body
will be purchased through the Florida Sheriffs Association/Florida Association of Counties
2018-2019 Bid Contract No. FSA18-VEH16.0, effective through September 30th, 2019.)
City Clerk Laura Litzan read into the record by title only, Resolution 18-85.
Councilor Young removed this item from the Consent Agenda. He is asking how this piece of
equipment is going to be used and is of the opinion that money could be spent better
elsewhere and recommended denial.
City Attorney Alan Gabriel advised Councilors that per the rules all motions are to be made in
the positive and if it fails, it fails.
Public Works Director Tim Pinter answered Council's questions and concerns.
Public Comment: None
MOTION by Councilor Honig, seconded by Councilor Reed, to approve
Resolution 18-85, Authorizing the purchase of a new 2018 Western
Star Truck with a Dump Body and Equipment per the approved
Capital Improvement Program, "pay as you go". MOTION CARRIED BY
THE FOLLOWING VOTE:
Yes: 6- Councilor Reed, Councilor Roman, Councilor Grifoni, Councilor Honig,
Vice-Chair Rios and Chair Brechnitz
No: 1- Councilor Young
5. ID 18-625 Resolution Authorizing the Interim City Manager to Execute a
One-Year Contract Renewal with Maudlin & Jenkins, LLC, to
Perform the City's Annual Financial Audit for the Fiscal Year
Ending on September 30, 2018.
This item was approved under the Consent Agenda.
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City Council Meeting Minutes - Final November 13, 2018
8. City Council Items
A. Presentations
1. ID 18-619 Recognition of Deputy Fire Chief David Batiato for his service to
the impacted communities of the Florida Panhandle from
Hurricane Michael.
Fire Chief Mike Murphy recognized Deputy Chief David Batiato for his response, service and
leadership skills when deployed to the Florida Panhandle after Hurricane Michael as a strike
team leader.
2. ID 18-601 Proclamation for Giving Tuesday - November 27, 2018
On behalf of City Council, Chair Brechnitz read a proclamation declaring November 27, 2018
as "Giving Tuesday".
B. Discussion
1. ID 18-600 Approval of the 2019 City Council Meeting Schedule
(Editorial History: The City Charter requires that City Council schedule a minimum of twelve
regular meetings each year. Attached is a proposed schedule of City Council meetings for
2019. When the first or third Monday falls on a federal holiday, the meeting is scheduled for
the following Tuesday. The first meeting in July has been omitted, anticipating that Council
will elect to continue to schedule a two-week summer recess. Similarly, the second meetings
in November and December have been omitted, anticipating that Council will once again elect
to schedule a recess during the holidays. During the year, Council may schedule
special-called meetings whenever necessary. Last year’s budget calendar has been attached
if Council would like to schedule dates for next year’s budget workshops.)
Council engaged in discussions regarding the 2019 City Council meeting dates and it was
determined for Interim City Manager Guillermo Polanco to review the meeting schedule to
include Councilors suggestions and forward to the next meeting.
MOTION by Vice-Chair Rios, seconded by Councilor Young, to
approve the 2019 City Council Meeting Schedule.
NO VOTE TAKEN ON THIS MOTION
MOTION by Councilor Roman, seconded by Councilor Honig, to
continue this item to the next scheduled meeting and ask Interim City
Manager Guillermo Polanco to come back with his recommendations.
MOTION CARRIED BY THE FOLLOWING VOTE:
Yes: 6- Councilor Reed, Councilor Roman, Councilor Honig, Vice-Chair Rios,
Chair Brechnitz and Councilor Young
No: 1- Councilor Grifoni
2. ID 18-595 Letter from County Manager Leo E. Ochs, Jr. regarding
Ambulance Coverage for the City of Marco Island
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City Council Meeting Minutes - Final November 13, 2018
(Editorial History: On Wednesday, October 10, 2018, Interim City Manager Gil Polanco,
Council Chairman Jared Grifoni, Fire Chief Mike Murphy, Deputy Fire Chief Dave Batiato, and
Incident Commander Chris Byrne, met with Collier County Manager Leo E. Ochs, Jr. to
discuss options for a second ambulance for Marco Island, and for the County’s consideration
of extending the length of coverage for the current seasonal service on the Island.)
Councilor Grifoni held a discussion regarding the two (2) options in the letter from County
Manager Leo Ochs for ambulance coverage for the City of Marco Island. Following
discussions, it was determined to forward this item to the January 2019 meeting.
MOTION by Councilor Grifoni, seconded by Vice-Chair Rios, to
continue this item to the January 7, 2019 City Council Meeting.
NO VOTE TAKEN ON THIS MOTION
MOTION by Councilor Grifoni, seconded by Vice-Chair Rios, amended
to continue this item to the January 22, 2019 City Council Meeting.
MOTION CARRIED BY THE FOLLOWING VOTE:
Yes: 7- Councilor Reed, Councilor Roman, Councilor Grifoni, Councilor Honig,
Vice-Chair Rios, Chair Brechnitz and Councilor Young
9. Citizens' comments on agenda items not scheduled for public hearing and items other
than those appearing on the agenda.
Mr. Ray Seward, 287 Rockhill Court, wanted to make clear he is better known as "crusty nasty citizen" by
this Council and spoke about two (2) articles in the newspapers; the Coastal Breeze and the Marco Eagle,
where a number of people were insulted by the article and asked if this is how elections are won. It was
determined the owner of the article is Councilor Honig. It is his opinion that Councilor Honig is not being
truthful to the people. Councilor Honig admitted he owns it, but denied writing the article.
Mr. Phil Kostelnik, 121 Channel Court, congratulated the newly elected Councilors and said Council needs
to learn to be nice and respectful of each other as well as the residents who volunteer on the committees.
He suggested Council spend their time and energy on hiring a new City Manager. His second concern
pertains to Key Marco residents who are now charging a $5.00 fee for bicyclist to ride on their streets and
Whiskey Creek Road has become Marco Island's first toll road.
Mr. Ed Issler, 908 South Joy Circle, also congratulated the newly elected members and advised their first
order of business is to select the right person to be the Interim City Manager. He believes the ground work
has already been done and implored Council to make that their top order of business.
Mr. Jeff Gilbert, 441 Battersea Court, spoke on behalf of a resident on Shorecrest Court regarding
sidewalk damage from the hurricane. He is asking Council to look at this situation and possibly figure out
some sort of way to permit him to repair the damaged portion of the sidewalk instead of replacing the
whole thing.
Ms. Adrian Conner, 247 North Collier Boulevard, Joe's Barber Shop, thanked Council, Code Enforcement
and City staff for finding an amendment to their issue and is happy it is over.
10. Quasi-Judicial Public Hearing - None
(THE MEETING WENT INTO RECESS AT 7:19 P.M. IT IS NOTED FOR THE RECORD THE SAME
COUNCILORS WERE PRESENT WHEN THE MEETING RECONVENED AT 7:25 P.M.)
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City Council Meeting Minutes - Final November 13, 2018
11. Ordinances
a. ID 18-604 Ordinance - Second 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.
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.)
City Clerk Laura Litzan read into the record by title only, Ordinance 18-19.
Public Comment: None
MOTION by Vice-Chair Rios, seconded by Councilor Young, to approve Ordinance
18-19 on Second Reading for Fiscal Year 2018 Budget Re-appropriation. MOTION
CARRIED BY THE FOLLOWING VOTE:
Yes: 7- Councilor Reed, Councilor Roman, Councilor Grifoni, Councilor Honig, Vice-Chair
Rios, Chair Brechnitz and Councilor Young
12. Resolutions for Adoption
ID 18-578 Resolution - A Variance Petition (VP-18-005429) request reducing the
required twenty-five (25) foot rear setback to twenty-one (21) for the
property address of 1049 Fieldstone Drive, Marco Island, FL 34145
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City Council Meeting Minutes - Final November 13, 2018
(Editorial History: The applicant applied for a screen enclosure permit. The plans indicated replacing a
screen wall with a new CMU wall encroaching four (4) feet into the twenty-five (25) foot year yard setback.
The application was denied based upon the encroachment into the rear twenty-five (25) foot setback. We
met with the applicant and it was discovered the new wall was part of a previously issued concrete permit
and was already in place. As a result, the Owner is requesting approval of a variance for the
encroachment. On October 5, 2018, Planning Board voted unanimously (7-0) to approve this variance with
findings and conditions of approval.)
City Attorney Alan Gabriel asked Council to treat this Variance Petition as a Quasi-Judicial item and he
swore in all witnesses. Each Councilor provided their ex-parte communications.
City Clerk Laura Litzan read into the record by title only, Resolution 18-87.
Community Affairs Director Dan Smith presented the project and answered Council's questions and
concerns.
Public Comment: None
MOTION by Vice-Chair Rios, seconded by Councilor Young, to approve Resolution
18-87, A Variance Petition (VP-18-005429) request reducing the required
twenty-five (25) foot rear setback to twenty-one (21) for the property address of
1049 Fieldstone Drive, Marco Island, Florida 34145. MOTION CARRIED BY THE
FOLLOWING VOTE:
Yes: 7- Councilor Reed, Councilor Roman, Councilor Grifoni, Councilor Honig, Vice-Chair
Rios, Chair Brechnitz and Councilor Young
MOTION by Councilor Reed, seconded by Councilor Young, to waive the fee in
Resolution 18-87, A Variance Petition (VP-18-005429) request reducing the
required twenty-five (25) foot rear setback to twenty-one (21) for the property
address of 1049 Fieldstone Drive, Marco Island, Florida 34145. MOTION CARRIED
BY THE FOLLOWING VOTE:
Yes: 7- Councilor Reed, Councilor Roman, Councilor Grifoni, Councilor Honig, Vice-Chair
Rios, Chair Brechnitz and Councilor Young
13. Council Reports
ID 18-632 Discussion - City Manager Search Process - Chair Jared Grifoni
Councilor Grifoni held a discussion on the City Manager search process and how to move forward with the
new Council Members.
Council engaged in discussions and it was questioned if a Councilor who was on the losing side, could
make a motion to reconsider. City Attorney Alan Gabriel advised a motion is appropriate and can be made
and further discussions and considerations are open to the new Council on how to proceed.
During Councilor Reed's comments, Vice-Chair Rios made a point of order saying, the City Attorney has
advised this is a new City Council and Councilor Reed's statement does not apply. Chair Brechnitz
concurred and ruled to allow Councilor Reed to continue speaking.
Public Comment:
Ms. Terry Sommefeld, 1111 San Marco Road, thanked Council for using the money effectively by bringing
the three (3) candidates for interviews. She believes an Interim Manager will know it's not permanent and
would construct the framework for hiring a permanent City Manager.
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City Council Meeting Minutes - Final November 13, 2018
MOTION by Vice-Chair Rios, seconded by Councilor Roman, to have Chair
Brechnitz and Councilor Young as soon as can be arranged, to interview the
three (3) previous City Manager candidate finalists and then have Council vote
again to see if Council can hire one (1) of the three (3) finalist. MOTION CARRIED
BY THE FOLLOWING VOTE:
14. Council Communications
Councilor Young had no comment.
Vice-Chair Rios expressed his disagreement with the content of the letter that was sent to the legislative
delegation and believes the motion was inaccurately recorded.
Councilor Reed congratulated Councilor Roman who was featured in an article in the "Ebella Magazine".
Councilor Roman asked Council when looking at the budget calendar to consider doing a strategic
planning session and a priority setting session. Her second comment is in regards to vacancies on three
(3) committees at the County level that will need to be filled and would like to see that on the next agenda.
It was determined for Vice-Chair Rios to attend the Tourist Development Council (TDC) meeting on
November 26, 2018, even though he has not been re-elected to that committee.
Chair Brechnitz made a point of order asking how the County Committee appointments are made and he
was advised the Councilors elect them and the Board of County Commissioners approves them.
Councilor Grifoni thanked Parks and Recreation staff for their Halloween event. He commented on the
passing of the sales tax increase and when those funds will become available to Marco Island. He
suggested scheduling a time in the future for that discussion.
Councilor Honig spoke about the uneven applications of codes regarding dumpster enclosures and
sidewalks in front of finished lots. He proposed asking the City to put a moratorium on code violations
until there is a new City Manager in place. Following discussions, Council unanimously concurred for
Interim City Manager Guillermo Polanco to come back with recommendations.
Councilor Honig reminded Council on May 21, 2018, City Council took a no confidence vote (4-3) on then
Chair Grifoni regarding his handling of the former City Manager Lee Niblock matter. He is asking Council
to thank Councilor Grifoni for his service.
Public Comment: None
MOTION by Councilor Honig, seconded by Vice-Chair Rios, that City Council
tonight, express its appreciation for and its confidence in Jared Grifoni. MOTION
CARRIED BY THE FOLLOWING VOTE:
Yes: 5- Councilor Grifoni, Councilor Honig, Vice-Chair Rios, Chair Brechnitz and Councilor
Young
No: 2- Councilor Reed and Councilor Roman
Following the vote, Chair Brechnitz expressed his displeasure with the tone of the meeting tonight.
He commented he looks through the windshield and not the rear view mirror, to put all this behind
them and move forward. He said it accomplishes nothing and the citizens do not like it.
Councilor Honig made a point of order saying the Chair is criticizing what he did and Chair
Brechnitz ruled he was not, only that the tone of the meeting has gotten progressively worse.
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City Council Meeting Minutes - Final November 13, 2018
15. Future Agenda
ID 18-467 Future Agenda Items
Vice-Chair Rios is requesting a discussion on the following items; political signs in the right of way,
separating Code Enforcement from the Police Department, water quality issues, review of the South
Barfield Drainage Project and he will provide position papers.
Councilor Grifoni is requesting to add a discussion on a spending ordinance and will provide a position
paper.
Councilor Young is requesting to a discussion on the following items; zero budgeting, review of the
committee appointment process, fertilizer ordinance, suntree filter inspections, Turrell Hall and Associates
water quality report and a citizen/staff climate survey on a routine bases and will provide position papers.
Chair Brechnitz is requesting to a discussion on a revision of the Rules of Procedures on how to add new
appointments to the Committees for the December 10, 2018 agenda.
16. City Manager's Report
ID 18-468 City Manager’s Report
Interim City Manager Guillermo Polanco provided his report and answered Council's questions or concerns.
17. City Attorney's Report
ID 18-469 City Attorney’s Report
City Attorney Alan Gabriel provided his report and answered Council's questions and concerns. He asked
City Council if they would like to approve the settlement agreement proposed in the litigation matter "Colby
Banker vs Kranich, Kranich and The City of Marco Island.
MOTION by Councilor Reed, seconded by Vice-Chair Rios, to approve the
settlement proposal in the amount of $10,000. in the "Colby Banker vs Kranich,
Kranich and The City of Marco Island" litigation matter. MOTION CARRIED BY THE
FOLLOWING VOTE:
Yes: 7- Councilor Reed, Councilor Roman, Councilor Grifoni, Councilor Honig, Vice-Chair
Rios, Chair Brechnitz and Councilor Young
18. Departmental Reports
ID 18-470 Monthly Departmental Reports
Council has agreed to forego the departmental reports by staff unless Council has a specific question for
the department head.
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City Council Meeting Minutes - Final November 13, 2018
Public Works Report - Public Works Director Tim Pinter
Water and Sewer Report - General Manager Jeff Poteet
Police Department Report - Police Chief Al Schettino
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
Water & Sewer Report - General Manager Jeff Poteet
Fire-Rescue Report - Fire Chief Mike Murphy
19. Citizens' Comments
Mr. Andrew Kirlin, 1062 Hartley Avenue, suggested Council consider establishing an Ad Hoc Permit
Committee to assist in the delayed permitting process and suggested using LED lights on the old bridge.
20. Adjournment
There being no further business to come before City Council, the meeting adjourned at 9:23 P.M.
___________________________
Erik Brechnitz, Council Chairman
ATTEST:
_________________________________________
Laura Litzan, City Clerk
PREPARED BY:
________________________________________
Lisa Smith, Recording Specialist
City of Marco Island Florida Page 11
Agenda
City of Marco Island Florida
51 Bald Eagle Drive
Marco Island, Florida
cityofmarcoisland.com
Summary Agenda - Final-revised
Tuesday, November 13, 2018
5:30 PM
Community Meeting Room
City Council
Chair: Erik Brechnitz
Vice-Chair: Victor Rios
City Council: Jared Grifoni, Larry Honig, Howard Reed, Charlette Roman and Sam
Young
Interim City Manager: Guillermo Polanco
City Attorney: Alan L. Gabriel
City Clerk: Laura Litzan
City Council Summary Agenda - November 13, 2018
Final-revised
Swearing in of Councilors Elect
Councilor-Elect Erik Brechnitz
Councilor-Elect Victor Rios
Councilor-Elect Sam Young
1. Call to Order
2. Roll Call
3. Invocation - Rabbi Mark Gross, Marco Island Jewish Congregation
4. Pledge of Allegiance
5. Election of Chair and Vice-Chair
ID 18-602 Election of Chair and Vice-Chair
6. City Manager's Public Update
7. 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 18-466 Approval of the City Council Meeting Minutes of October 15,
2018
Attachments: October 15, 2018 City Council Meeting Minutes
2. ID 18-631 Approval of the Special-Called Meeting Minutes of November 5,
2018
Attachments: November 5, 2018 Special-Called Meeting Minutes
B. (*) Resolutions
1. ID 18-575 Resolution Approving and authorizing the execution of an agreement
for apparatus maintenance services between Greater Naples Fire
District and the City of Marco Island.
Attachments: Resolution 18-82
Fleet Maintenance Agreement (Proposed 10.5.18)
City of Marco Island Florida Page 2 Printed on 11/14/2018
City Council Summary Agenda - November 13, 2018
Final-revised
2. ID 18-592 Resolution Authorizing a Temporary Moratorium on the
Enforcement of Construction Activities taking place on Sundays
for the Central Beach Regrading Project
Attachments: Resolution 18-83
3. ID 18-598 Resolution - Temporary Driveway and Swale Parking
Moratorium in Residential Areas for the Holiday Season
Attachments: Resolution 18-84
4. ID 18-623 Resolution Authorizing the purchase of a new 2018 Western
Star Truck with a Dump Body and Equipment per the approved
Capital Improvement Program, “pay as you go”.
Attachments: Resolution 18-85
Tampa Truck Proposal
5. ID 18-625 Resolution Authorizing the Interim City Manager to Execute a
One-Year Contract Renewal with Maudlin & Jenkins, LLC, to
Perform the City's Annual Financial Audit for the Fiscal Year
Ending on September 30, 2018.
Attachments: Resolution 18-86
8. City Council Items
A. Presentations
1. ID 18-619
2. ID 18-601 Proclamation for Giving Tuesday - November 27, 2018
Attachments: Proclamation
Background Information
B. Discussion
1. ID 18-600 Approval of the 2019 City Council Meeting Schedule
Attachments: 2019 City Council Meeting Schedule
Prior Year Budget Calendar
2019 Calendar
2. ID 18-595 Letter from County Manager Leo E. Ochs, Jr. regarding
Ambulance Coverage for the City of Marco Island
Attachments: County Manager Letter
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9. 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
10. Quasi-Judicial Public Hearing
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.)
11. Ordinances
a. ID 18-604 Ordinance - Second Reading - Fiscal Year 2018 Budget Re-appropriation
Attachments: Ordinance 18-19
Exhibit A
12. Resolutions for Adoption
ID 18-578 Resolution - A Variance Petition (VP-18-005429) request reducing the
required twenty-five (25) foot rear setback to twenty-one (21) for the
property address of 1049 Fieldstone Drive, Marco Island, FL 34145
Attachments: Resolution18-87
Staff Report
Application
Request to waive fee
Site Plans
Site Pictures
13. Council Reports
ID 18-632 Discussion - City Manager Search Process - Chair Jared Grifoni
14. Council Communications
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15. Future Agenda
ID 18-467 Future Agenda Items
Attachments: Copy of Future Agenda
Committee Summary
16. City Manager's Report
ID 18-468 City Manager’s Report
Attachments: City Manager's Report
Ad-Hoc Hurricane Committee Correspondence to CC
17. City Attorney's Report
ID 18-469 City Attorney’s Report
Attachments: City Attorney Report
18. Departmental Reports
ID 18-470 Monthly Departmental Reports
Attachments: Public Works
Water & Sewer
Police
Finance, Informaton Technology, Human Resources
Information Technology Goals & Objectives
Parks & Recreation
Growth Management
Building Services
Fire-Rescue
19. Citizens' Comments
[4 minutes per individual – Each individual has one opportunity to speak.]
20. Adjournment
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Final-revised
The public hearings will commence at 5:30 p.m., or soon thereafter as business permits, in the
City of Marco Island, Community Room, 51 Bald Eagle Drive, Marco Island, Florida. All interested
persons are invited to attend the meeting and participate in the discussion; or, written comments
may be sent to the City of Marco Island, 50 Bald Eagle Drive, Marco Island, FL. 34145. Pursuant
to Section 286.0105, Florida Statutes, if a person decides to appeal any decision made by City
Council with respect to any matter considered at such hearing or meeting, one will need a record
of the proceedings for such purpose that person may need to ensure that a verbatim record of the
proceedings is made; such record includes the testimony and evidence upon which the appeal is
to based. ADA Assistance: Anyone needing special assistance at the City Council hearing due
to disability should contact the City of Marco Island at (239) 389-5010 at least two days prior
thereto. Please contact the City Clerk at laura@cityofmarcoisland.com if you would like to receive
any of the items on the agenda by email.
Any Invocation that may be offered before the official start of the Council meeting shall be voluntary
offering of a private citizen, to and for the benefit of the Council. The views and beliefs expressed
by the invocation speaker have not been previously reviewed or approved by the Council, and the
Council is not allowed by law to endorse the religious beliefs or views of this, or any speaker.
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