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City Council

Regular Meeting

Marco Island, FL · October 25, 2019

AgendaMinutes

Minutes

City of Marco Island Florida 51 Bald Eagle Drive Marco Island, Florida cityofmarcoisland.com Meeting Minutes - Final Friday, October 25, 2019 5:30 PM Community Meeting Room City Council City Council Meeting Minutes - Final October 25, 2019 1. Call to Order Chair Brechnitz called the meeting to order at 5:30 pm. 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 Michael Murphy, Fire Chief Richard Stoltenborg, Police Captain Guillermo Polanco, Finance Director Daniel Smith, Community Affairs Director Lina Upham, Purchasing & Risk Manager Tim Pinter, Public Works Director Jeff Poteet, Water & Sewer General Manager Jose Duran, Information Technology Manager Citizens and Visitors 3. Invocation - Led by Pastor Tim Navin of San Marco Catholic Church 4. Pledge of Allegiance Led by Leaders and Scouts of Troop 234 5. Approval of the Agenda MOTION by Vice-Chair Rios, seconded by Councilor Honig, that the Agenda be Approved. 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 Motion by Vice-Chair Rios, seconded by Councilor Honig, to Approve the October 7, 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 Councilor Young requested the removal of Item 7 (b) (Puchase of John Deere 85G Hydraulic Excavator and Equipment) from the consent agenda. MOTION by Vice-Chair Rios, seconded by Councilor Grifoni, 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 the Consent Agenda passes all routine items listed below.] City of Marco Island Florida Page 1 City Council Meeting Minutes - Final October 25, 2019 ID 19-537 Approving a Purchase Order to Quality Enterprises, USA, in an Amount not to Exceed $79,990.00 for the Painting of the Herb Savage Bridge ID 19-500 Award a Contract and Authorize a Purchase Order in the Amount of $180,125 (which includes an $8,500 owner’s contingency) to Boromei Construction, Inc. for the Construction a Bleach Storage Structure at the Reclaimed Water Production Facility (RWPF) (ITB 19-032) 8. Proclamations and Presentations - None 9. Citizens' comments on agenda items not scheduled for public hearing and items other than those appearing on the agenda. Ms. Bernie Greichen pointed out that two overhead lights near the Police Department on the City's campus have been inoperative since January and that there is a significant section of roadway on Bonita Ct. that is 'sinking' or 'folding in'. These items were noted by Public Works Director Tim Pinter for investigation and follow-up. 10. Quasi-Judicial Public Hearing - None 11. Ordinances ID 19-547 Ordinance - First Reading - Fiscal Year 2019 Budget Re-appropriation Finance Director Guillermo Polanco briefly described the pupose of this most recent Fiscal Year 2019 Budget Re-Appropriation summary report and outlined its comparative elements for the Council. No questions were raised by Council Members. Public Questions & Comments - None MOTION by Vice-Chair Rios, seconded by Councilor Honig, to Approve the first reading of the Fiscal Year 2019 Budget Re-Appropriation. 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 and City Council Items a. ID 19-527 Resolution Creating a Waterways Advisory Committee to Provide Recommendations City Purchasing and Risk Manager Lina Upham read into the record by title only. Public Works Director Tim Pinter noted for the Council that this Resolution is a second re-write of it as approved at the September 19 Waterways Advisory Committee. No questions were raised by the Council, nor was there any comment offered by attending members of the public. MOTION by Vice-Chair Rios, seconded by Councilor Honig, to Approve the Resolution Creating a Waterways Advisory Committee to Provide Recommendations. 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 2 City Council Meeting Minutes - Final October 25, 2019 b. ID 19-551 Discussion - City Council Direction and consent to address inconsistency in the Sign Code Community Affairs Director Daniel Smith requested direction of the Council in addressing inconsistencies in Sign Code as well as its current limitations and the enforcement issues related to its application. MOTION by Councilor Honig, seconded by Vice-Chair Rios to direct the staff to come back to City Council with language adding temporary signs in the commercial rights-of-way and the role of code enforcement. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 5- Councilor Honig, Chair Brechnitz, Councilor Young, Councilor Grifoni and Vice-Chair Rios No: 2- Councilor Reed and Councilor Roman 13. Items Removed from the Consent Agenda ID 19-539 Authorizing the Purchase of a New 2019 John Deere 85G Hydraulic Excavator and Equipment per the approved Capital Improvement Program, “pay as you go”. Councilor Young questioned whether a proper 'value analysis' was conducted justifying the expenditure for this equipment prior to its appearance on the Consent Agenda. Public Works Director Tim Pinter addressed the questions and concerns raised by Councilor Young and the other members of the Council. Citizens Teri Sommerfeld and David Crain also offered comment on the process and discussion. MOTION by Councilor Reed, seconded by Vice-Chair Rios to Approve the authorization for the purchase of a new 2019 John Deere 85G hydraulic excavator. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Reed, Councilor Honig, Chair Brechnitz, Councilor Young, Councilor Roman, Councilor Grifoni and Vice-Chair Rios 14. Council Communication & Future Agenda Councilor Honig commended The Island Country Club for its October 9th event which brought together the City's new and existing senior staff with members of the public for a 'meet and greet' opportunity. He shared a specific citizen-proposed recommendation that was raised during this activity, and he lauded the benefits of such informal public and city government engagement. Councilor Honig also voiced his frustration with the recurring violations at the site of the Madeira condominium complex. Councilor Grifoni echoed Councilor Honig's statements and voiced similar concerns regarding protections for the Island's burrowing owls. He commended recent work by the Beach and Coastal Resources Committee on this topic. He also raised the question of meter reading fees from an earlier Council discussion, and Finance Director Guillermo Polanco responded. Vice-Chair Rios spoke to the delayed re-nourishment of the South Beach area, and he commended the American Legion effort and the generosity of the Hideaway Beach community in helping to fund the forthcoming visit of the Vietnam Traveling Memorial Wall. He then raised concern regarding the impact of the recent North Collier Boulevard lane closures and the need for effective traffic management at Yellowbird Street. Water & Sewer General Manager Jeff Poteet provided an update indicating that the majority of the project has been completed with a corresponding reduction in lane closures and traffic congestion. Vice-Chair concluded by recommending that long-standing agenda items on the Council's Future Agenda be reviewed and removed if no longer relevant. City of Marco Island Florida Page 3 City Council Meeting Minutes - Final October 25, 2019 Councilor Reed spoke to the recent direction to increase water quality testing in the canals by raising the question as to whether off-shore testing might be included in the plan. Chair Brechnitz recommended that Councilors await a review of the specifics of the RFP before addressing this recommendation in the Council. Councilor Young proposed that an update from the Coastal Advisory Committee be added as a Future Agenda item. He requested an update from City Manager McNees on the process and timetable for reviewing and scoring the submitted water testing RFPs from vendors. City Manager McNees provided an update and addressed questions. Councilor Young then distributed a document to the Council and City Staff outlining the results of water quality report found on the Florida Department of Environmental Protection (FDEP) website indicating that nitrogen is not the only contaminant impairing the waters in and around Marco Island. Councilor Roman noted that City Staff was absent from a FDEP public hearing on water quality that was conducted approximately seven months ago and advised the Council that she expressed her concern to the City Manager. She also commended her fellow Councilors for their voicing of care and concern for the environment and 'world class beaches' of Marco Island. She recognized the collaborative effort of the City's departments in presenting evidence during the most recent Code Magistrate Hearing, and she encouraged the Council to continue to provide the tools necessary to City Staff to continue to enforce and protect the environment on and around the Island. Councilor Roman concluded by recognizing The Island Country Club for its hosting of the October 9th event, and suggested that, perhaps, a similar event next year could be timed to coincide with the kick-off of Government Week. 15. Council Reports - None 16. City Manager's Report City Manager McNees presented a report on "Beach & Coastal Protection" in line with Council's previous request to bring together a comprehensive set of recommendations to improve the execution of protective and enforcement activities in support of the coastal environment around Marco Island. The Council received the City Manager's recommendations positively and endorsed them as presented. City Manager McNees requested support from the Council to begin the groundwork for creating a non-profit foundation to facilitate the ability for citizens to make monetary donations in support of Veteran's Park. The Council endorsed his direction and is looking forward to continuing updates as progress continues. City Manager McNees then presented a brief report on his attendance at the 10/20 - 10/23 International City/County Management Conference held in Nashville, Tennessee. 17. City Attorney's Report City Attorney Alan Gabriel pointed out that the City does not currently have official rules and regulations regarding the handling of quasi-judicial hearings and ex-parte communications. The Council endorsed his proposal to prepare an ordinance specifying such rules and regulations for future Council review. 18. Departmental Reports No comments were raised by Council on the Departmental Reports. 19. Citizens' Comments Citizens Yvette Benaroch and David Crain individually supported the Council's discussions direction regarding water quality testing by bringing awareness to other sources of information and suggesting a wider view as to the sources of potential contamination affecting the Island. City of Marco Island Florida Page 4 City Council Meeting Minutes - Final October 25, 2019 20. Adjournment The meeting adjourned at 7:49 pm. _______________________________________ Erik Brechnitz, Council Chairman ATTEST: ________________________________________ Laura Litzan, City Clerk PREPARED BY: ________________________________________ Jim Kornas, Recording Specialist City of Marco Island Florida Page 5

Agenda

51 Bald Eagle Drive City of Marco Island Florida Marco Island, Florida cityofmarcoisland.com Meeting Agenda - Final 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 Friday, October 25, 2019 5:30 PM Community Meeting Room 1. Call to Order 2. Roll Call 3. Invocation - Pastor Tom Boeck of the Marco Lutheran Church 4. Pledge of Allegiance 5. Approval of the Agenda 6. Approval of the Minutes ID 19-528 Approval of the City Council Meeting Minutes of October 7, 2019 Attachments: October 7, 2019 City Council Meeting Minutes 7. Approval of the Consent Agenda [Approval of Consent Agenda passes all routine items. 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. ID 19-537 Approving a Purchase Order to Quality Enterprises, USA, in an Amount not to Exceed $79,990.00 for the Painting of the Herb Savage Bridge Attachments: Herb Savage Bridge Proposal City of Marco Island Florida Page 1 Printed on 10/18/2019 City Council Meeting Agenda - Final October 25, 2019 b. ID 19-539 Authorizing the Purchase of a New 2019 John Deere 85G Hydraulic Excavator and Equipment per the approved Capital Improvement Program, “pay as you go”. Attachments: Excavator Proposal Dobbs Equipment c. ID 19-500 Award a Contract and Authorize a Purchase Order in the Amount of $180,125 (which includes an $8,500 owner’s contingency) to Boromei Construction, Inc. for the Construction a Bleach Storage Structure at the Reclaimed Water Production Facility (RWPF) (ITB 19-032) 8. Proclamations and Presentations - None 9. Citizens' comments on agenda items not scheduled for public hearing and items other than those appearing on the agenda. TIME CERTAIN 6:00 P.M. OR AS SOON AS POSSIBLE THEREAFTER [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.] 10. Quasi-Judicial Public Hearing - None 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. Public Hearings - Time Certain Approximately 7:00 p.m. B. First Readings ID 19-547 Ordinance - First Reading - Fiscal Year 2019 Budget Re-appropriation Attachments: Ordinance Exhibit A - 2019 Re-Appropriation 12. Resolutions and City Council Items City of Marco Island Florida Page 2 Printed on 10/18/2019 City Council Meeting Agenda - Final October 25, 2019 a. ID 19-527 Resolution Creating a Waterways Advisory Committee to Provide Recommendations Attachments: Resolution 19-43 b. ID 19-551 Discussion - City Council Direction and consent to address inconsistency in the Sign Code 13. Items Removed from the Consent Agenda 14. Council Communication & Future Agenda ID 19-529 Future Agenda Items Attachments: Future Agenda Committee Summary 15. Council Reports - None 16. City Manager's Report a. Report on Beach & Coastal Protection b. Discussion - Establish Not-for-Profit Foundation for Private Sponsorship of Veterans' Community Park 17. City Attorney's Report ID 19-530 City Attorney’s Report Attachments: City Attorney Report 18. Departmental Reports ID 19-531 Monthly Departmental Reports Attachments: Finance, Information Technology, Human Resources Information Technology Projects, Goals & Objectives Community Affairs Fire-Rescue 19. Citizens' Comments [4 minutes per individual – Each individual has one opportunity to speak.] 20. Adjournment City of Marco Island Florida Page 3 Printed on 10/18/2019 City Council Meeting Agenda - Final October 25, 2019 The public hearings will commence at 7:00 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. City of Marco Island Florida Page 4 Printed on 10/18/2019

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