City Council

City of Marco Island Florida 51 Bald Eagle Drive Marco Island, Florida cityofmarcoisland.com Meeting Minutes - Final Tuesday, February 19, 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 19, 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 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 Pastor Thomas McCulley of the New Life Community Church 4. Pledge of Allegiance - Led by Chair Brechnitz 5. Approval of the Agenda Chair Brechnitz requested removing Item 7-b (Resolution Ratifying the 2 & 1/2 Year Fire Fighter Union Collective Bargaining Agreement) from the Consent Agenda. MOTION by Vice-Chair Rios, seconded by Councilor Young, to approve the Agenda as amended. 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 ID 18-680 Approval of the City Council Meeting Minutes of February 4, 2019 MOTION by Vice-Chair Rios, seconded by Councilor Young, to approve the February 4, 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 19, 2019 7. Approval of the Consent Agenda MOTION by Vice-Chair Rios, seconded by Councilor Honig, to approve the Consent Agenda as amended. 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 19-053 Resolution Approving a Purchase Order to Eli Contracting, Inc. in an Amount Not to Exceed $224,285.63 for the Shadow Ridge Court Storm Drain System Repair/Replacement This item was approved under the Consent Agenda. b. ID 19-040 Resolution Ratifying the 2 & 1/2 Year Fire Fighter Union Collective Bargaining Agreement (Editorial History: IAFF Local 2887 agreement was tentatively accepted by the Firefighters and, via membership vote on January 3, 2019 and approved.) City Clerk Laura Litzan read into the record by title only, Resolution 19-13. Chair Brechnitz removed this item from the Consent Agenda. He is asking Chief Murphy to explain the significant raises given to the employees and noted that the citizens have a right to understand this and for this item not to be under the Consent Agenda. Fire Chief Mike Murphy provided background information and Deputy Fire Chief Dave Batiato answered Council's questions and concerns. Public Comment: None MOTION by Councilor Honig, seconded by Councilor Roman, to approve Resolution 19-13, Ratifying the 2 & 1/2 Year Fire Fighter Union Collective Bargaining Agreement. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Reed, Councilor Honig, Chair Brechnitz, Councilor Young, Councilor Roman, Councilor Grifoni and Vice-Chair Rios 8. City Council Items A. Presentations - None B. Discussion Items 1. ID 19-057 Approval of City Manager Position Profile and Recruitment Brochure City of Marco Island Florida Page 2 City Council Meeting Minutes - Final February 19, 2019 (Editorial History: At the February 4, 2019 meeting, City Council received an update via telephone from Mr. Ken Parker, ICMA/FCCMA Senior Advisor, outlining the proposed process for the selection of a new city manager. As proposed by Mr. Parker, the attached position profile and recruitment brochure are presented for Council’s approval.) Florida County City Manager Association (FCCMA) Senior Advisor Ken Parker provided information on the brochure for the City Manager position profile and recruitment. Council engaged in discussion and it was determined by consensus to implement the following changes: *describing hospitals to be in nearby Naples *change verbiage from "must" to "should/would" *change verbiage from "island resort community" to "coastal community experience" *educational experience masters preferred instead of required *5 years City Manager experience with additional top level operational experience *salary $185,000. depending on experience Public Comment: None MOTION by Councilor Honig, no second, to accept the calendar as presented by Mr. Parker. NO VOTE TAKEN ON THIS MOTION MOTION by Councilor Honig, seconded by Vice-Chair Rios, to accept the calendar as presented by Mr. Parker with the dates of February 19, 2019 and ending August 5, 2019. NO VOTE TAKEN ON THIS MOTION MOTION by Councilor Reed, no second, to direct Mr. Parker to begin as soon as possible and deliver a modified calendar that allows enough time for Council to stick with it and not have to constantly change it because something slipped through. MOTION FAILED FOR LACK OF SECOND MOTION by Councilor Honig, seconded by Vice-Chair Rios, to accept the calendar as presented by Mr. Parker, ending August 5, 2019, amended to allow Interim City Manager David Harden to follow through the budget process. 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 (THE MEETING WENT INTO RECESS AT 7:05 P.M. IT IS NOTED FOR THE RECORD THE SAME COUNCILORS WERE PRESENT WHEN THE MEETING RECONVENED AT 7:15 P.M.) City of Marco Island Florida Page 3 City Council Meeting Minutes - Final February 19, 2019 2. ID 19-054 Request to Extend the City-Wide Landscape Maintenance Contract #16-014 with Affordable Landscaping Services & Design, Inc. for an Additional 3-Year Term at $736,921.00 per Year (Editorial History: The City currently has a contract with Affordable Landscaping Services for landscape maintenance of all types throughout the City. This three (3) year contract will expire on March 14, 2019. The terms of the contract allow for it to be renewed for one additional three (3) year period. Affordable has indicated that they would like to renew the contract.) Interim City Manager David Harden provided background information and is seeking direction from Council on whether to renew the contract for Affordable Landscaping or rebid the contract. Public Comment: Ms. Yvette Benarroch, owner of Affordable Landscaping, addressed the issues she has had. She noted the violations they received that they were not performing according to the contract and noted it has been corrected and is in the past. She said she is proud of what they have done for the community and have worked hard for the last fifteen years. Mr. Al Benarroch, owner of Affordable Landscaping, noted they have performed whatever the contracts calls for and they are licensed for everything they do on the island. Mr. Rick Woodworth, 908 North Barfield Drive, advised he has no personal animosity towards the owners of Affordable Landscaping and has no conflict of interest. He said he has made complaints to the City against them for blowing grass clippings into the storm drains. It is his opinion the self supervision clause is a mistake and supports Council's efforts to renew the contract on a month to month basis. Mr. Tom Fisher, 1024 Fieldstone Drive, supports Affordable Landscaping and believes if they go out to bid, they will be at a disadvantage because the competitors know about their contract and that is not fair to them. Ms. Terri Sommerfeld, 1111 San Marco Road, recommended Council look at the reviews on Yelp for Affordable Landscaping and supports the idea that Council take their time and make it more Florida friendly. MOTION by Councilor Young, to rebid the contract under the six (6) month period as called out in the contract and for the City to do a cost benefit analysis of bringing it in house. MOTION WITHDRAWN MOTION by Councilor Young, to rebid the contract and include a cost benefit analysis of bringing it in house and amending some of the language regarding penalties and supervision. MOTION FAILED FOR LACK OF SECOND MOTION by Vice-Chair Rios, seconded by Councilor Reed, to exercise Council's option to extend on a month to month basis, the current contract and request Staff come back with a contract that incorporates some of the new ideas. 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 4 City Council Meeting Minutes - Final February 19, 2019 3. ID 19-058 Additional Funding for Iguana Trapping. Additional $15,000 until September 30, 2019 (Editorial History: In the FY19 budget, City Council allocated $5,000 for Iguana trapping services. Those funds have been spent in the first quarter of FY19. The City has received several requests, both by e-mail and verbally, that Iguana trapping be continued.) Interim City Manager David Harden provided background information and Community Affairs Director Dan Smith answered Council's questions and concerns. Public Comment: Ms. Dawn Kuhn, 505 Tigertail Court, appreciates the program since the iquanas are a nuisance. MOTION by Vice-Chair Rios, seconded by Councilor Young, to approve Resolution 19-15, Additional $15,000. Funding for Iguana Trapping until September 30, 2019. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 5- Councilor Reed, Councilor Honig, Councilor Young, Councilor Grifoni and Vice-Chair Rios No: 2- Chair Brechnitz and Councilor Roman 9. Citizens' comments on agenda items not scheduled for public hearing and items other than those appearing on the agenda. Ms. Maria Lamb, 1565 Ludlow Road, spoke on behalf of the Beach and Coastal Resource Advisory Committee. She updated Council on what they do as a committee, including the name change with the expanded mission of coastal habitat and wildlife. She expressed her concerns with an initiative from the dais to remove the word environmental mandate from their committee and mainly focus on just cleaning the beach. (Councilor Young left the meeting at at 6:26 P.M. and returned at 6:29 P.M.) Mr. Jack Patterson, 860 Panama Court, suggested Council direct the City Manager to look into the 2017 employee survey and hire a qualified third party to investigate what is occurring in the Police Department and report back to Council. Ms. Dawn Kuhn, 505 Tigertail Court, commented on the new City website and how it seems to have lost the easy accessibility to locate public records now. She quoted state statutes and is asking that the website go back to the way it was before. 10. Quasi-Judicial Public Hearing - None 11. Ordinances A. Public Hearings - None B. First Readings 1. ID 19-051 An Ordinance Amending Sec 50-37 of the City Code to Provide for an Exception to Swale Parking Restriction Enforcement in Residential Districts from November 15 through January 15 City of Marco Island Florida Page 5 City Council Meeting Minutes - Final February 19, 2019 (Editorial History: On January 22, 2019, City Council adopted Ordinance 19-04 amending Section 50-37 of the City Code to provide for a permanent exception to swale parking restrictions in residential districts during the holiday season. At the meeting of February 4, 2019, Council voted 6-1 to reconsider the adopted ordinance following concerns expressed that the provision that requires obtaining the written permission of the owners of property adjacent to the swale would be prohibitive in certain situations.) City Clerk Laura Litzan read into the record by title only on first reading, an Ordinance amending Sec 50-37 of the City Code to provide for an exception to swale parking restriction enforcement in residential districts from November 15 through January 15. Public Comment: Mr. Joe Gioanne, 151 Channel Court, said he would never park in front of anyone's house and thanked Council for reconsidering the amendment. He is asking only that parking properly licensed registered vehicles be allowed to park in the City owned right-of-way in front of vacant undeveloped lots during the holiday period without permission from the undeveloped lot's owner. MOTION by Councilor Grifoni, seconded by Councilor Young, to approve on first reading, An Ordinance Amending Sec 50-37 of the City Code to Provide for an Exception to Swale Parking Restriction Enforcement in Residential Districts from November 15 through January 15. 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 2. ID 19-055 An Ordinance to Allow Parking in Swales and Alleys in Commercial Zoning Districts Between 7:00 AM and Midnight (Editorial History: During the last few years, City Council has passed Resolutions imposing a moratorium on the enforcement of parking restrictions for vehicles parking in the swales and alleys within Commercial Zoning Districts. These Resolutions allowed for parking between the hours of 7:00 a.m. and midnight. The effect of these resolutions has been beneficial. Consequently, City Council expressed the desire to have this done on a permanent basis by amending the City Code.) City Clerk Laura Litzan read into the record by title only an first reading, an Ordinance to allow parking in swales and alleys in commercial zoning districts between 7:00 A.M. and Midnight. Public Comment: None MOTION by Vice-Chair Rios, seconded by Councilor Roman, to approve on first reading, An Ordinance to Allow Parking in Swales and Alleys in Commercial Zoning Districts Between 7:00 AM and Midnight. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Reed, Councilor Honig, Chair Brechnitz, Councilor Young, Councilor Roman, Councilor Grifoni and Vice-Chair Rios 12. Resolutions for Adoption - None City of Marco Island Florida Page 6 City Council Meeting Minutes - Final February 19, 2019 13. Council Reports ID 19-056 Discussion -Charter Change to Provide for a “Mayor” - Councilor Larry Honig Councilor Honig gave a slide presentation regarding a charter change to provide for a Mayor. Council engaged in discussions regarding the advantages and disadvantages of having a Mayor. Following discussions, it was determined by consensus not to move this item forward. (Councilor Young left the meeting at 8:58 P.M. and returned at 9:01 P.M.) 14. Council Communications & Future Agenda ID 18-681 Future Agenda Items Council Communications: Vice-Chair Rios advised the Tourist Development Council (TDC) made a presentation regarding funds for a trolley and noted Naples obtained a grant from the state and suggested Marco Island apply for a grant since there are no funds available from the TDC. Councilor Roman commented on three (3) items; Metropolitan Planning Organization (MPO) report lights for the Jolley Bridge have been ordered and scheduled for installation, along with arms and poles will also be replaced in late March or early April; the inability to search for documents on the new City website and there being no quality control over it; and her last comments is in regards to the Turrell, Hall and Associates water quality report and believes it is time for Council to establish a multi-year plan. Councilor Reed asked Council to consider changing the water quality workshop to April 1, 2019 to include data from Collier County Pollution Control which will be testing Marco Island waterways on February 26, 2019. MOTION by Councilor Honig, seconded by Vice-Chair Rios, to extend the meeting fifteen (15) minutes 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 Councilor Young believes two (2) meetings will be needed in order to gain traction and suggested continuing with the March 18, 2019 workshop. Councilor Grifoni expressed his displeasure with workshops being held at 1:00 P.M. and believes 5:00 P.M. or 5:30 P.M. meetings are needed in order to maximize citizen participation. Chair Brechnitz disclosed he will be having a medical procedure on March 21. He noted the state mandating a rental ordinance for the entire state of Florida and asked Council if they would like to make contact with the lobbyist so he can oppose any state mandated ordinance. His final comment was in reference to an email received asking for census workers for Marco Island and asked if that could be posted on the City's website. City of Marco Island Florida Page 7 City Council Meeting Minutes - Final February 19, 2019 15. City Manager's Report - None 16. City Attorney's Report ID 18-674 City Attorney’s Report No action taken by Council. 17. Departmental Reports ID 18-683 Monthly Departmental Reports No action taken by Council. 18. Citizens' Comments - None 19. Adjournment There being no further business to come before City Council, the meeting adjourned at 9:44 P.M. ___________________________ Erik Brechnitz, Council Chairman ATTEST: _________________________________________ Laura Litzan, City Clerk PREPARED BY: ________________________________________ Lisa Smith, Recording Specialist City of Marco Island Florida Page 8