City Council

City of Marco Island Florida 51 Bald Eagle Drive Marco Island, Florida cityofmarcoisland.com Meeting Minutes - Final Monday, October 7, 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 City Manager: Michael McNees City Attorney: Alan L. Gabriel City Clerk: Laura Litzan City Council Meeting Minutes - Final October 7, 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 Michael McNees,City Manager Alan Gabriel, City Attorney Laura Litzan, City Clerk Guillermo Polanco, Finance Director Mike Murphy, Fire Rescue Chief Chris Byrne, Emergency Management Recovery Coordinator Tracy Frazzano, Police Chief Tim Pinter, Director of Public Works Jeff Poteet, General Manager of Water and Sewer Daniel Smith, Community Affairs Lina Upham, Purchasing and Risk Manager Jose Duran, Information Technology Manager Citizens and Visitors 3. Invocation - Pastor Tom Boeck of the Marco Lutheran Church 4. Pledge of Allegiance - Led by Chair Brechnitz 5. Approval of the Agenda Motion by Vice-chair Rios, seconded by Councilor Honig to Approve the Agenda as presented. 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 19-465 Approval of the FY2019-2020 Millage Rate & Budget Public Hearing Minutes of September 16, 2019 MOTION by Vice-Chair Rios, seconded by Councilor Honig, to Approve the September 16, 2019 FY 2019-2020 Millage Rate & Budget Public Hearing 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 b. ID 19-322 Approval of the City Council Meeting Minutes of September 16, 2019 Councilor Honig requested two changes amending Item 13, Future Agenda: Original Minutes: Councilor Honig is asking for a discussion on stormwater managerment. City of Marco Island Florida Page 1 City Council Meeting Minutes - Final October 7, 2019 Amended Minutes: Councilor Honig placed an item for discussion on stormwater management. Original Minutes: Chair Brechnitz is seeking consensus to place a discussion as an action item on the ban of recreational marijuana referendum that has been initiated by a political action committee. The majority of Council concurred to place it on a future agenda. Amended Minutes: Chair Brechnitz is seeking consensus to place a discussion as an action item on the ban of recreational marijuana referendum that has been initiated by a political action committee. The majority of Council concurred to place it on a future agenda. Councilor Honig commented that Chair Brechnitz did not need to ask for permission from City Council. MOTION by Vice-Chair Rios, seconded by Councilor Honig, to Approve the September 16, 2019 City Council Meeting Minutes 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 c. ID 19-496 Approval of the Special-Called Meeting Minutes of September 26, 2019 MOTION by Vice-Chair Rios, seconded by Councilor Honig, to Aprove the September 26, 2019 Special-Called 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 the Consent Agenda passes all routine items a-g listed below.) a. ID 19-484 Renewal of Employee Insurance Plans This item was approved under the Consent Agenda. b. ID 19-497 Approval of proposal from Chris-Tel Construction, in an amount not to exceed $157,090.64, for the renovation of the Racquet Center restrooms. This Item was approved under the Consent Agenda. c. ID 19-498 This item was approved under the Consent Agenda. d. ID 19-492 Award of Contract for Sewage Hauling to Southern Sanitation Inc. at a Rate of $350/hour This item was approved under the Consent Agenda. City of Marco Island Florida Page 2 City Council Meeting Minutes - Final October 7, 2019 e. ID 19-501 Resolution Approving the State of Florida Department of Emergency Management Grant Agreement for Hazard Mitigation Grant Project 4337-144-R, Wind Retrofit of the North Water Treatment Plant MBR Building; Authorizing the City Manager to Execute the Grant Agreement This item was approved under the Consent Agenda. f. ID 19-502 Resolution Approving the State of Florida Department of Emergency Management Grant Agreement for Hazard Mitigation Grant Project 4337-112-R, Source Water Facility Emergency Generator; Authorizing the City Manager to Execute the Grant Agreement. This item was approved under the Consent Agenda. g. ID 19-506 Resolution Accepting the FY19 (“SHSGP”) State Homeland Security Grant Program Award in the Amount of $83,600 This item was approved under the Consent Agenda. 8. Proclamations and Presentations a. ID 19-480 Proclamation Honoring Firefighter-EMT Ray Ladurini On behalf of City Council, Chair Brechnitz presented the Proclamation to retiring Firefighter-EMT Ray Ladurini. b. ID 19-508 Proclamation for Domestic Violence Awareness Month On behalf of City Council, Chair Brechnitz presented the Proclamation to Linda Oberhaus, Executive Director of the Collier County Shelter for Abused Women. c. ID 19-517 Proclamation for Florida City Government Week On behalf of City Council, Chair Brechnitz presented the Proclamation to Parks & Recreation Manager Samantha Malloy. 9. Citizens' comments on agenda items not scheduled for public hearing and items other than those appearing on the agenda. Mr. Ken Honecker commented on the $3 meter fee for companion meters on his water bill and requested that the fee be eliminated. He also believes that water and sewer based charges should be the same and questioned why Marco Shores base charges are lower than Marco Island's base charges. Ms. Maria Lamb, Chair of Beach and Coastal Resources Advisory Committee, commented on the ramifications of the Madeira Condominium using the beach next year for construction staging during sea turtle nesting season, hurricane season, rainy season and other issues related to environmental, financial and safety impacts. Mr. Dave Shagott, 1700 Bounty Court, wanted to make sure that the new exterior and interior doors at the Racquet Center restrooms will meet the width requirements for the wider sports wheel chairs. Mr. Amadeo Petricca, 331 Regatta Street, asked when the widening of Yellowbird Street will be done. He believes the money should be found to fund the utility portion of the reconstruction project since it has been five years without any progress. He also commented on how the wastewater surcharges that were City of Marco Island Florida Page 3 City Council Meeting Minutes - Final October 7, 2019 collected were used. Attorney Joseph Coleman with the firm Woodward, Pires and Lombardo, stated that he represents homeowners who have been taken advantage of by unscrupulous contractors. He mentioned that the State's Homeowners Construction Recovery Fund is available and asked about the viability of implementing a local recovery fund option. 10. Quasi-Judicial Public Hearing - None 11. Ordinances - None 12. Resolutions and City Council Items a. ID 19-513 Discussion of Construction, Repair, and Maintenance Options for Sidewalks (Editorial History: City Council members have expressed interest in evaluating possible alternatives to the existing City Code provisions in terms of maintenance responsibility for sidewalks. In addition, Council asked to review methods by which the City might provide greater assistance to individual property owners within the existing City Code definitions of responsibility.) City Manager Mike McNees reviewed the proposed options and responded to Council's questions. After a lengthy discussion, the majority of Councilors expressed a preference for Option 2 (Enhanced Homeowner Assistance) in the short-term and Option 4 (Centralized City Maintenance of all Existing Sidewalks) as the long-term solution. Additional information on Option 4 will be provided to Council as the next budget is developed. b. ID 19-516 Discussion of Award of Contract for Landscape Maintenance Services (Editorial History: Council directed the City Manager to have staff negotiate with Affordable Landscaping Design and Service, LLC. to establish a new project cost that would include all the additional items that were added to the basic service as originally identified in Contract 16-014 and that were presented in the new Bid 19-017. Staff met with Affordable Landscape on September 23rd, and as a result of that meeting Affordable Landscape make an offer for a three-year contract with an optional three-year renewal at the yearly price of $980,700.00, with increases each year after the initial three-year term to account for inflation. This new offer is less than Affordable Landscape’s own bid price by over $250,000.00 and it is less than the next lowest bid price by over $500,000.00.) Public Works Director Tim Pinter reviewed the proposed agreement and responded to Council's questions and concerns. City Attorney Alan Gabriel explained the length of the term of the contract. Attorney Zach Lombardo, representing Affordable Landscaping, clarified his client's position on the proposed agreement. Ms. Yvette Benaroch of Affordable Landscaping commented on Collier County's contractor requirements and local preference. She also stated that as local residents they enjoy working for the City; have always done their best and give back to the community; and take pride in what they do. MOTION by Councilor Reed, seconded by Councilor Honig, to Authorize the City Manager to Execute Contract #2020-02 for Landscape Maintenance Services with Affordable Landscaping Design and Service, LLC. in the Amount of $980,700.00 and to Authorize the Transfer of $263,039.00 from the Reserve Fund for this Project. MOTION CARRIED BY THE FOLLOWING VOTE: City of Marco Island Florida Page 4 City Council Meeting Minutes - Final October 7, 2019 Yes: 7- Councilor Reed, Councilor Honig, Chair Brechnitz, Councilor Young, Councilor Roman, Councilor Grifoni and Vice-Chair Rios (THE MEETING WENT INTO RECESS AT 7:08 P.M. AND IT IS NOTED FOR THE RECORD THE SAME COUNCILORS WERE PRESENT WHEN THE MEETING RECONVENED AT 7:25 P.M.) 13. Items Removed from the Consent Agenda - None 14. Council Communications & Future Agenda Council Communications: Councilor Roman commented on receiving phone calls over the weekend about dead fish washing up in the canals. She questioned whether previously promised protocols were in place and stated that citizens should know who to call and what to expect. The City Manager will look into the matter further and report back to Council. Councilor Roman commented about the issues raised by Maria Lamb regarding the Madeira Condominium using the beach for construction staging. She asked about what is required from the contractor when we issue a permit and whether a checklist is utilized. The City Manager and Community Affairs Director Dan Smith responded to her questions and concerns. Councilor Grifoni asked whether the policy for trapping iguanas has changed, and suggested we change it back if it has. Councilor Grifoni reminded the City Attorney and City Clerk that the required ethics training for City Council needs to be scheduled. He expressed his preference for the on-line course that was available last year. Councilor Reed commented on the “fish kill” mentioned earlier by Councilor Roman and provided his observations from the weekend on the number, size, and location of the dead fish. He reported no dead fish were observed by Sunday, but the Red Tide offshore did make it hard to breath. Councilor Reed commented on receiving an email forwarded from another Councilor related to water quality testing. He determined after speaking with the email’s author that the group he represents may be bidding on the Request for Proposals (RFP) for water testing. Councilor Reed expressed his concern regarding possible issues, to which Attorney Alan Gabriel cautioned that councilors should not be giving consultants information that is not available to all other bidders. Mr. Gabriel reminded Council that all information should be exchanged between Councilors during Council meetings. Councilor Young admitted his responsibility and stated that he was unaware that the email was from a potential bidder. Future Agenda: Councilor Reed requested a discussion item on the process for bringing non-conforming land development projects to the Planning Board and City Council. 15. Council Reports a. ID 19-515 Stormwater Management - Councilor Larry Honig Councilor Honig presented a slide presentation on "Storm Water Management" that explained what it is, why it's important and how it works. He examined the City's commitment, funding and organization and recommends that the Council encourage the City Manager to develop an approach and a plan that supports achieving results within budgets approved by City Council and enhancing the optics on the City's City of Marco Island Florida Page 5 City Council Meeting Minutes - Final October 7, 2019 website and in citizen communications. b. ID 19-514 Ordinance Banning Recreation Marijuana - Chair Erik Brechnitz Chair Brechnitz shared his view that the distribution of recreational marijuana is opposed by most Marco Island citizens, citing the results of the Marco Island Civic Association (MICA) survey. He feels that it is a bad idea to have a year-long debate on the matter and that there are better issues to be discussed in next year's election. A lengthly discussion followed with Councilors expressing their views on the topic. Public Comment Citizens speaking in favor of an ordinance banning recreational marijuana: Ed Issler, 908 S. Joy Circle Citizens speaking against an ordinance banning recreational marijuana: Attorney Scheril Murray Powell, representing CBD clients Dr Rich Blonna, 1541 San Marco Road Alex Popoff, 3504 Planation Way Following discussion, Chair Brechnitz polled the Council on bringing an ordinance forward, with the majority of Council (Grifoni, Honig, Rios and Young) opposed. 16. City Manager's Report City Manager McNees reported on a number of topics: Proposed changes to the sign code that were presented to the Planning Board at their October 4, 2019 meeting. Staff will bring the matter to Council for further discussion and direction at the next meeting. Questions being received about amending the Comprehensive Plan with respect to incorporating items from the Strategic Plan. He will make sure the elements of the Strategic Plan are considered as we move forward with the Comprehensive Plan review next year. Due to the City Manager's scheduled absence at the October 21, 2019 meeting, Council rescheduled the meeting to October 25, 2019 at 5:30 p.m. His meeting with the Marco Island Civic Association's Board of Directors. 17. City Attorney's Report The City Attorney requested that Council meet in an Executive Session regarding Heather Comparini v. City of Marco Island, Case Number 19CA3704. The meeting will be held in Council Chambers at 4:00 p.m. on Thursday, October 24, 2019 with members of City Council, the City Manager, Police Chief and legal counsel attending. 18. Departmental Reports ID 19-321 Monthly Departmental Reports Council has agreed to forego the departmental reports by staff unless Council has a specific question for the department director. There were no questions from City Council. 19. Citizens' Comments - None City of Marco Island Florida Page 6 City Council Meeting Minutes - Final October 7, 2019 20. Adjournment There being no further business to come before City Council, the meeting adjourned at 9:13 p.m. ____________________________ Erik Brechnitz, Council Chair ATTEST AND PREPARED BY: ____________________________ Laura Litzan, City Clerk City of Marco Island Florida Page 7