City Council

City of Marco Island Florida 51 Bald Eagle Drive Marco Island, Florida cityofmarcoisland.com Meeting Minutes - Final Monday, February 4, 2019 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: David Harden City Attorney: Alan L. Gabriel City Clerk: Laura Litzan City Council Meeting Minutes - Final February 4, 2019 1. Call to Order Chair Brechnitz called the meeting to order at 5:30 P.M. 2. Roll Call Present: 7- Councilor Reed, Councilor Honig, Chair Brechnitz, Councilor Young, Councilor Roman, Councilor Grifoni and Vice-Chair Rios Also Present David Harden, 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 Guillermo Polanco, Finance Director Lina Upham, Purchasing and Risk Manager Tim Pinter, Director of Public Works Chris Byrne, Hurricane Incident Commander Jeff Poteet, General Manager of Water and Sewer Daniel Smith, Community Affairs Director Jordan Turek, Information Technology Director Lisa Smith, Recording Specialist Bill Miller, Special Detail Police Officer Citizens and Visitors 3. Invocation - Led by Rabbi Mark Gross of the Jewish Congregation of Marco Island 4. Pledge of Allegiance - Led by Chair Brechnitz 5. Approval of the Agenda MOTION by Vice-Chair Rios, seconded by Councilor Roman, to approve the Agenda. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Reed, Councilor Honig, Chair Brechnitz, Councilor Young, Councilor Roman, Councilor Grifoni and Vice-Chair Rios 6. Approval of the Minutes a. ID 19-033 Approval of the City Council Meeting Minutes of January 17, 2019, Continued from the City Council Meeting of January 7, 2019 MOTION by Vice-Chair Rios, seconded by Councilor Young, to approve the January 17, 2019 City Council Meeting Minutes. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Reed, Councilor Honig, Chair Brechnitz, Councilor Young, Councilor Roman, Councilor Grifoni and Vice-Chair Rios City of Marco Island Florida Page 1 City Council Meeting Minutes - Final February 4, 2019 b. ID 18-676 Approval of the City Council Meeting Minutes of January 22, 2019 MOTION by Vice-Chair Rios, seconded by Councilor Young, January 22, 2019 City Council Meeting Minutes. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Reed, Councilor Honig, Chair Brechnitz, Councilor Young, Councilor Roman, Councilor Grifoni and Vice-Chair Rios 7. Approval of the Consent Agenda MOTION by Vice-Chair Rios, seconded by Councilor Honig, to approve the Consent Agenda. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Reed, Councilor Honig, Chair Brechnitz, Councilor Young, Councilor Roman, Councilor Grifoni and Vice-Chair Rios [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. (*) ID 19-043 Resolution Approving a Purchase Order to Eli Contracting, Inc. in the Amount of $295,305.27 for Relocation of the City of Marco Island Water and Sewer Infrastructure Located Within the Collier Blvd. Right of Way North of the Judge SS Jolley Bridge, Related to the Florida Department of Transportation (FDOT) Collier Blvd. (SR 951) Resurfacing Project This item was approved under the Consent Agenda. 8. City Council Items A. Presentations 1. ID 19-011 Marco Island Fire Rescue Anniversary Milestones Marco Island Fire Rescue Chief Mike Murphy presented the following individuals for their dedication and years of service to the citizens of Marco Island: Battalion Chief Jeff Kutzke - 30 years Lieutenant James Jay - 15 years Firefighter Sergio Deleon - 10 years Firefighter Jesse Yarnell - 10 years Engineer Ed Cabal - 10 years 2. ID 19-013 Ad Hoc Parking Solutions Committee Report - Chair Robert Cholka Ad Hoc Parking Solutions Committee Chair Cholka gave a slideshow presentation on the Committee's accomplishments, outstanding items and recommendations for 2019. Public Works Director Tim Pinter answered Council's questions and concerns regarding drainage. City of Marco Island Florida Page 2 City Council Meeting Minutes - Final February 4, 2019 MOTION by Councilor Roman, seconded by Vice-Chair Rios, to accept the Ad Hoc Parking Solution Committee's report and consider some of their priorities in the budget process this year. NO VOTE TAKEN ON THIS MOTION MOTION by Councilor Roman, seconded by Vice-Chair Rios, to accept the Ad Hoc Parking Solution Committee's report and use some of their priorities in the budget process this year, amended to include making the swale parking permanent recommendations in the commercial policies. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Reed, Councilor Honig, Chair Brechnitz, Councilor Young, Councilor Roman, Councilor Grifoni and Vice-Chair Rios 3. ID 19-047 Presentation by Kimley-Horn and Associates, Inc. - Veterans’ Community Park Master Plan Update and Preparation of Site Plan Parks and Recreation Advisory Committee Chair Carlos Portu introduced Kimley-Horn Project Manager James Pankonin who gave an updated presentation on the Veterans' Community Park Master Plan. (THE MEETING WENT INTO RECESS AT 7:35 IT IS NOTED FOR THE RECORD THE SAME COUNCILORS WERE PRESENT WHEN THE MEETING RECONVENED AT 7:45) Following recess, discussions ensued and Mr. Pankonin answered Council's questions and concerns. He will take Council's input into consideration when developing their final recommendations. B. Discussion Items 1. ID 19-041 Appointment of Volunteers to Boards and Committees (Editorial History: At the January 7, 2019 meeting, City Council received the board and committee applications solicited pursuant to Council directive.) City Clerk Laura Litzan explained the process and noted after nominations are made, only one (1) vote will be taken that will include all of the Councilor's nominations. Councilor Young's nominations: Planning Board--Mr. Jason Bailey Waterways Advisory Committee--Mr. Brent Wilson Parks and Recreation Advisory Committee--Mr. Carlos Portu Beautification Advisory Committee--Mr. Peter Strungis Beach and Coastal Resources Advisory Committee--Mr. Donald Bonica Vice-Chair Rios's nominations: Planning Board--Mr. Joe Rola Waterways Advisory Committee--Mr. William Trotter Parks and Recreation Advisory Committee--Ms. Dawn Kuhn Beautification Advisory Committee--Ms. Maria Tobin Beach and Coastal Resources Advisory Committee--Mr. Robert Eastman City of Marco Island Florida Page 3 City Council Meeting Minutes - Final February 4, 2019 Chair Brechnitz's nominations: Planning Board--Michael Finkle Waterways Advisory Committee--Mr. Leslie Shade Parks and Recreation Advisory Committee--Ms. Delores Siegel Beautification Advisory Committee--Ms. Kathy Keeling Beach and Coastal Resources Advisory Committee--Mr. Ray McChesney Due to Councilor Grifoni's appointee resigning from the Beautification Advisory Committee, he nominated Mr. Eric Czarnecki. City Clerk Laura Litzan read into the record by title only, Resolution 19-05. MOTION by Vice-Chair Rios, seconded by Councilor Young, to approve Resolution 19-05, appointing members to the Marco Island Planning Board, Waterways Advisory Committee, Parks and Recreation Advisory Committee, Beautification Advisory Committee and Beach and Coastal Resources Advisory Committee. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Reed, Councilor Honig, Chair Brechnitz, Councilor Young, Councilor Roman, Councilor Grifoni and Vice-Chair Rios 2. ID 19-034 Consideration of Emergency Medical Services (EMS) Options (Editorial History: City and County EMS Staff had a meeting on January 29, 2019 concerning drugs, personnel issues and unit staffing. City Council had requested that staff bring back a recommendation concerning County Manager Leo Ochs' letter of October 16, 2018.) Fire Chief Mike Murphy gave a presentation on the consideration of Emergency Medical Services (EMS) Options and answered Council's questions and concerns. Following discussion, it was determined by consensus that the City Manager should negotiate with the County Manager to relocate the underutilized Isle of Capri ambulance to Marco Island. 3. ID 19-038 Authorization for the City Manager to Negotiate a Contract with BSSW, Inc. for Design of a New Fire Station #50 (Editorial History: During the FY 2019 budget approval process, the City Council identified Fire Station 50 as a priority capital project. On November 9, 2018, City of Marco Island advertised a Request for Qualifications (RFQ) for the design of Fire Rescue Station 50 and nine (9) design firms responded to this RFQ. The top three (3) firms were ranked as follows: 1. BSSW Architects 2. Sweet Sparkman Architects 3. Victor Latavish Architect) City Clerk Laura Litzan read into the record by title only, Resolution 19-10. Public Comment: None City of Marco Island Florida Page 4 City Council Meeting Minutes - Final February 4, 2019 MOTION by Vice-Chair Rios, seconded by Councilor Honig, to approve Resolution 19-10, authorizing the City Manager to negotiate a contract with BSSW, Inc. for design of a New Fire Station #50. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Reed, Councilor Honig, Chair Brechnitz, Councilor Young, Councilor Roman, Councilor Grifoni and Vice-Chair Rios 9. Citizens' comments on agenda items not scheduled for public hearing and items other than those appearing on the agenda. Mr. Ed Issler, 908 South Joy Circle, provided a brief history of Smokehouse Bay and is asking City Council to find a solution regarding not enough flushing for accidential discharges. Mr. and Mrs. Joe Giannone, 151 Channel Court, spoke about a new resolution regarding the change to holiday parking. He commented they decorate their home for Christmas and he parks their vehicles in the right-of-way without encroaching on anyone's property. He is asking Council to reconsider the new resolution. Ms. Maria Lamb, 1565 Ludlow Road, believes that Collier County's effort to construct a one (1) size fits all Fertilizer Ordinance is a mistake because it would restrict Marco Island's ability to address water quality issues. She noted Marco Island is a barrier island that has special needs and provided additional recommendations. She urged Council to reject the one (1) size fits all Fertilizer Ordinance at the workshop tomorrow. Mr. Phil Kostelnik, 121 Channel Court, thanked City Council for the opportunity to recite the Pledge of Allegiance. He noted there are too many heavy trucks traveling on Marco Island blocking the bicycle lanes and speeding. Ms. Margaret Merklinghaus, 1140 San Marco Road, commented on the speeders traveling on Yellowbird Street and suggested a speed bump or make it a one (1) way street. Mr. Ken Honecker, 632 Dorando Court, noted that a motion to reconsider normally occurs at the beginning of a Council meeting and asked if the reconsideration vote is coming at the end of the meeting under Council Communications. Those speaking in opposition to Council's reconsideration of the ALF: Ms. Elizabeth Geis, 205 Waterside Circle Ms. Delores Honese was called to speak, but ceded her time Mr. Bruce Merklinghaus, 1140 San Marco Road Ms. Bernie Greischen, 51 South Seas Court Ms. Teri Sommerfeld, 1111 San Marco Road Mr. Mark Geis, 205 Waterside Circle 10. Quasi-Judicial Public Hearing - None 11. Ordinances - None A. Public Hearings - None B. First Readings - None 12. Resolutions for Adoption - None City of Marco Island Florida Page 5 City Council Meeting Minutes - Final February 4, 2019 13. Council Reports - None 14. Council Communications & Future Agenda ID 18-677 Future Agenda Items Council Communications: Councilor Honig commented on three (3) items: does HB157 take away local control in terms of the Fertilizer Ordinance if the County wishes to override what Marco Island has; he commended City Staff for a great job at the Souper Bowl and; he made a motion to reconsider the permanent exceptions for the parking regulations and enforcement from the last Council meeting. MOTION by Councilor Honig, seconded by Vice-Chair Rios, to reconsider Ordinance 19-04 (File ID-19-024). MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Councilor Honig, Chair Brechnitz, Councilor Young, Councilor Roman, Councilor Grifoni and Vice-Chair Rios No: 1- Councilor Reed Councilor Grifoni asked for a motion to reconsider the Assisted Living Facility (ALF) for the purposes of allowing the ALF to come back for review sooner than one (1) year. MOTION by Councilor Grifoni, seconded by Councilor Honig, to reconsider the Assisted Living Facility Ordinance (ALF). MOTION FAILED BY THE FOLLOWING VOTE: Yes: 2- Councilor Honig and Councilor Grifoni No: 5- Councilor Reed, Chair Brechnitz, Councilor Young, Councilor Roman and Vice-Chair Rios Councilor Roman commented on two (2) items; at the last Council Meeting, citizens not being permitted to speak, staff asking if the citizens would like to cede their time and if they were for or against the ALF when signing in. She asked for clarification from the City Attorney regarding the County's authority for a County wide Fertilizer Ordinance. Interim City Manager Harden responded that the County can not impose a Fertilizer Ordinance on the City of Marco Island. MOTION by Councilor Young, seconded by Vice-Chair Rios, to authorize the City Manager and the City Attorney to approach NCH to acquire any and all properties on Tract A-B-C and allow it to go on a referendum for the citizens to decide what they want. The City Attorney advised that this is not a topic for Council's discussion at this time. NO VOTE TAKEN ON THIS MOTION MOTION by Councilor Honig, seconded by Vice-Chair Rios, to extend the meeting fifteen (15) meetings to 9:45 P.M. MOTION CARRIED BY THE FOLLWING VOTE: Yes: 7- Councilor Reed, Councilor Honig, Chair Brechnitz, Councilor Young, Councilor Roman, Councilor Grifoni and Vice-Chair Rios City of Marco Island Florida Page 6 City Council Meeting Minutes - Final February 4, 2019 Future Agenda Councilor Reed requested a discussion on the potential impacts of the Gulf of Mexico currents on the Marco Island waterways to coincide with the waterways workshop. Councilor Honig asked that his future agenda item on strategy be uncoupled from his name, in view of the City Manager's desire to take the leadership of this project. Councilor Grifoni requested his adopt a canal discussion be included in the water quality workshop and removed from the future agenda. Chair Brechnitz supported Councilor Honig's discussion on having a Mayor for Marco Island and requested that be moved up on the future agenda. 15. City Manager's Report - None 16. City Attorney's Report City Attorney Alan Gabriel is seeking direction from Council on a litigation matter involving former Police Officer Kevin Hennings and his wife. He noted the plaintiff has offered voluntarily to dismiss the claim if the City would agree to not pursue attorney's fees or costs against them for dismissing the claim. It is his recommendation to accept their proposal. MOTION by Vice-Chair Rios, seconded by Councilor Honig, to follow the recommendations of the City Attorney and accept the offer. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Reed, Councilor Honig, Chair Brechnitz, Councilor Young, Councilor Roman, Councilor Grifoni and Vice-Chair Rios 17. Departmental Reports ID 18-679 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 Report - Public Works Director Tim Pinter Water and Sewer Report - General Manager Jeff Poteet Police Department Report - Police Chief Al Schettino 18. Citizens' Comments - None 19. Adjournment There being no further business to come before City Council, the meeting adjourned at 9:37 P.M. ___________________________ Erik Brechnitz, Council Chairman ATTEST: _________________________________________ Laura Litzan, City Clerk PREPARED BY: ________________________________________ Lisa Smith, Recording Specialist City of Marco Island Florida Page 7 City Council Meeting Minutes - Final February 4, 2019 City of Marco Island Florida Page 8