City Council

City of Marco Island Florida 51 Bald Eagle Drive Marco Island, Florida cityofmarcoisland.com Meeting Minutes - Final Monday, December 2, 2019 5:30 PM Community Meeting Room City Council Chair: Erik Brechnitz Vice-Chair: Jared Grifoni City Council: Larry Honig, Howard Reed, Charlette Roman, Victor Rios and Sam Young City Manager: Mike McNees City Attorney: Alan L. Gabriel City Clerk: Laura Litzan City Council Meeting Minutes - Final December 2, 2019 1. Call to Order Chair Brechnitz called the meeting to order at 5:30 P.M. 2. Roll Call Present: 6- Chair Brechnitz, Vice-Chair Grifoni, Councilor Honig, Councilor Reed, Councilor Rios and Councilor Young Absent: 1- Councilor Roman Also Present Michael McNees, City Manager Laura Litzan, City Clerk Alan L. Gabriel, City Attorney Mike Murphy, Fire Chief Tracy Frazzano, Police Chief Guillermo Polanco, Director of Finance Daniel J. 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 Chris Byrne, Emergency Manager Recovery Coordinator Jim Kornas, Recording Specialist Citizens and Visitors 3. Invocation - Pastor Bill Fisackerly of the Wesley United Methodist Church 4. Pledge of Allegiance Led by Chair Brechnitz. 5. Approval of the Agenda MOTION by Councilor Rios, seconded by Councilor Honig, that the Agenda be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Chair Brechnitz, Vice-Chair Grifoni, Councilor Honig, Councilor Reed, Councilor Rios and Councilor Young 6. Approval of the Minutes a. ID 19-560 Approval of the City Council Meeting Minutes of October 25, 2019 MOTION by Councilor Rios, seconded by Councilor Honig, that the minutes of October 25, 2019 be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Chair Brechnitz, Vice-Chair Grifoni, Councilor Honig, Councilor Reed, Councilor Rios and Councilor Young b. ID 19-368 Approval of the City Council Meeting Minutes of November 4, 2019 MOTION by Councilor Rios, seconded by Vice-Chair Grifoni, that the Minutes of City of Marco Island Florida Page 1 City Council Meeting Minutes - Final December 2, 2019 November 4, 2019 be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Chair Brechnitz, Vice-Chair Grifoni, Councilor Honig, Councilor Reed, Councilor Rios and Councilor Young 7. Approval of the Consent Agenda Approval of the Consent Agenda passes all routine items listed below: a. ID 19-526 Resolution Approving the Uniform Method for Collection of Non-Ad Valorem Assessments b. ID 19-569 Resolution Approving the State of Florida Department of Emergency Management Grant Agreement for Hazard Mitigation Grant Project 4337-266-R, Fire Station 50, Code Plus Phase I c. ID 19-596 Approving a Purchase Order to Eli Contracting, Inc., in the amount not to exceed $114,056.25 for the Repair of a Storm Drain Line at 165 Gulfstream Street MOTION by Councilor Rios, seconded by Councilor Honig, that the Agenda be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Chair Brechnitz, Vice-Chair Grifoni, Councilor Honig, Councilor Reed, Councilor Rios and Councilor Young 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. Mr. Rick Woodworth showed photographs and brought to the Council's attention recent instances at the JW Marriott where the access gates on Collier Avenue to allow incoming and outgoing freight movement have been left open for excessive periods of time. He also pointed out that the visual screening material that was originally in place on those gates to shield the freight movement area from public view had been removed, resulting in an ongoing unsightly appearance of the loading/unloading area along Collier Boulevard when the gates are closed. He requested Council support and action by City Staff to address this situation with the leadership of the JW Marriott. Council responded by requesting that City Manager McNees take immediate action on this matter. 10. Quasi-Judicial Public Hearing - None 11. Ordinances - None 12. Resolutions and City Council Items a. ID 19-595 Accept the Selection Committee Ranking of the RFP 19-033 Consulting Services for Nutrient Source Evaluation and Assessment and Authorize the City Manager to Negotiate a Contract with the Highest Ranked Firm Environmental Research & Design, Inc. City Manager McNees summarized the recent actions taken to identify the recommended contract City of Marco Island Florida Page 2 City Council Meeting Minutes - Final December 2, 2019 resource to assess the sources of nutrient contamination in the Island's waterways, and introduced Purchasing & Risk Manager Lina Upham to detail the steps of the selection process. Mr. McNees and Ms. Upham addressed questions from the Council. Upon his arrival, Dr. Harvey H. Harper, President of Environmental Research & Design, Inc. (the recommended contract resource) was invited by Chair Brechnitz to address the Council and public in attendance, and Dr. Harper responded to questions from the Council. Public Comments: Mr. David Rasmussen stepped forward to plead for action on the increasing nutrient levels and degrading water quality that he has observed over his twenty years on the Island. Ms. Maria Lamb asked how many City outfalls empty water directly into the Gulf of Mexico or Tigertail lagoon. She was specifically concerned about the pipe at the outfall on Hideaway Beach that empties water into the Tigertail lagoon. She attempted to find out who manages and tests the water coming from Hideaway Beach but has had no success. Mr. Rich Blonna, a resident who attended the presentations by the top three candidate firms, complimented all concerned on the professionalism of the selection process and the selection of Environmental Research & Design, Inc. as the proposed contract resource to assess the sources of nutrient contamination in the Island's waterways. MOTION by Councilor Young, seconded by Councilor Rios, to accept the Selection Committee ranking of the RFP 19-033 consulting services project for nutrient source evaluation / assessement and to authorize the City Manager to negotiate a contract with the highest-ranked firm, Environmental Rsearch & Design, Inc. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Councilor Reed, Councilor Honig, Councilor Young, Vice-Chair Grifoni, Councilor Rios and Chair Brechnitz b. ID 19-598 Burrowing Owl Incentive Grant Vice-Chair Grifoni outlined the history in the development of this proposed program and requested Council recognition and support of its direction prior to requesting review by the Florida Fish and Wildlife Conservation (FWC) and the City Attorney. Mr. Brad Cornell, Southwest Florida Policy Associate of the Audubon of Western Everglades / Audubon Florida organization, spoke in support of Vice-Chair Grifoni's summary of the proposed program, and expressed appreciation for the City's support in stabilizing the burrowing owl population on the Island. Councilor Young voiced a need for more aggressive fines for those who disturb or destroy burrowing owl nests, and Chair Brechnitz affirmed the Council's support of the direction outlined in the provided file ID 19-598. City Attorney Alan Gabriel was asked to provide prompt review of the document with the intent of having a completed Burrowing Owl Incentive Grant proposal returning to the Coucil for review and action prior to the start of the 2020 burrowing owl nesting season. c. ID 19-603 Resolution Creating a Beautification Advisory Committee to Provide Recommendations City Clerk Laura Litzan read into the record the resolution by title only. Coucilors Reed and Rios requested clarification regarding the responsibilities of the proposed Committee, and City Clerk Litzan and Public Works Director Pinter provided responses. Councilor Honig concluded the discussion by complimenting the members of the Committee for the ideas that they had generated to date. City of Marco Island Florida Page 3 City Council Meeting Minutes - Final December 2, 2019 MOTION by Councilor Rios, seconded by Councilor Honig, that the Resolution Creating a Beautification Advisory Committee to Provide Recommendations be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Councilor Reed, Councilor Honig, Councilor Young, Vice-Chair Grifoni, Councilor Rios and Chair Brechnitz d. ID 19-601 Proposal by the Beautification Advisory Committee (BAC) to Install Creative Art Wraps on City of Marco Island Utility Boxes Councilors Young, Rios and Reed offered comment and perspective on several elements of this proposal. Councilor Reed, particularly, expressed support but indicated concern with the potential for future public misunderstanding and/or misinterpretation of the message that the Council's approval of this proposal could convey. MOTION by Vice-Chair Grifoni, seconded by Councilor Rios, that the Proposal by the Beautification Advisory Committee (BAC) to Install Creative Art Wraps on City of Marco Island Utility Boxes be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 5- Councilor Honig, Councilor Young, Vice-Chair Grifoni, Councilor Rios and Chair Brechnitz No: 1- Councilor Reed e. ID 19-605 Proposed Articles of Incorporation to Create Marco Island Community Parks Foundation, Inc. Chair Brechnitz introduced this topic by indicating that the proposed Articles of Incorporation were crafted in the hope that a final version could come forward for review and approval by the Council at its January 6, 2020 meeting. He invited Council and public comment and discussion. Councilor Young sought clarity regarding this Foundation's unique character and need, and Mr. Rich Blonna, a Marco Island resident, expressed concern with the roles and responsibilities of the proposed Marco Island Community Parks Foundation, Inc. and the City's Parks & Recreation Department. No vote regarding these Articles of Incorporation was taken at this meeting. 13. Items Removed from the Consent Agenda No items were removed from the Consent Agenda. 14. Council Communications & Future Agenda ID 19-369 Future Agenda Items Council Communications: Councilor Honig thanked Vice-Chair Grifoni and Chair Brechnitz for their leadership in developing the Burrowing Owl Incentive Grant and the Marco Island Community Parks Foundation, Inc. initiatives. He followed these comments by strongly encouraging the Council and City Staff to respond vigorously to the public concern raised regarding the Collier Boulevard freight access gate at the JW Marriott given the commitments that JW Marriott leadership provided to the Council and the City at the time of its expansion and renovation. Councilor Honig next complimented City Manager McNees on his written response to a Citizen's request regarding property rentals on the Island, and he recommended that the response be published for wider public viewing and awareness. He concluded by requesting that the City Manager and City of Marco Island Florida Page 4 City Council Meeting Minutes - Final December 2, 2019 City Staff bring attention and focus to: 1) preparing detailed and well-communicated timetables and alternative route recommendations to citizens prior to, and during, the execution of the Winterberry Bridge project; 2) promptly addressing the traffic density concerns on Yellowbird Avenue as previously raised by Council; 3) working with the Planning Board on a timely update to the Comprehensive Plan, and; 4) addressing citizen and developer requests, permit applications and Council-approved development plans with greater attention, speed and courtesy. Councilor Young next presented visual material to underscore the urgency and need for the City to have a faster and more specifically-defined response plan for marine life mortality and algae growth in the waterways and canals. He highlighted related upcoming agenda items that are being addressed by the Collier County Coastal Advisory Subcommittee of which he is a member, and he committed to bringing an update on the work of that body to the next City Council meeting. Councilor Young concluded by showing an underwater photo and proposing that the Council and City Staff undertake actions to eliminate the use of the disposable plastic shopping bags on the Island. Councilor Rios expanded upon Councilor Young's comments and a follow-on question raised by Councilor Honig regarding the County's role in the disposal of dead fish and other marine life by relaying information that he had been given on this topic by Collier County authorities during the 2018 calendar year. Councilor Reed contributed to the discussion by noting that the evidence regarding marine life mortality largely indicates that the 'die-offs' are occurring offshore and are being driven into the Island's canals and waterways by the winds and the tides. He agreed with Councilor Young that the City's response on these situations needs to be extremely fast, and he indicated that he has had discussions with the City Manager on developing a means to identify these large-scale, hazardous 'kills' while they are still offshore. He pointed out to the Council and the audience the exceptional resources available to the City in its effort to address water quality as a result of Councilor Roman's Governor-appointed position on the South Florida Water Management District Board and her position as Chair of the Big Cypress Basin Board, and he complimented Councilor Roman's efforts in representing the citizens of Southwest Florida and Marco Island on these two well-resourced bodies. Given the Council discussion and immediacy of the need to identify a process and action plan to address the issue of 'fish kills' in the waterways and canals in and around the Island, Chair Brechnitz requested that City Manager McNees bring forward an agenda item and proposed plan for addressing this problem to a near-term City Council meeting. He also requested that Public Works Director Tim Pinter anticipate and develop alternative route recommendations and public communications that may be required with the impending road work on Route 951 leading to the Island and the scheduled exhibition of the Traveling Vietnam Veterans Memorial Wall on Marco Island from February 20 -23, 2020. Future Agenda Items: Councilor Honig requested that discussion on the Collier County 1% sales tax allocation and the Florida League of Cities topic be added to a near-term City Council Meeting agenda. Councilor Rios referenced three existing water quality topics that he had previously raised on the Future Agenda under 'Upcoming Water Quality Workshop', and requested that the City Staff first address and bring forward a plan to reduce contaminants in reuse / reclaimed water to an near-term City Council Meeting agenda. 15. Council Reports - None 16. City Manager's Report City Manager McNees briefly addressed and corrected his response to a question raised by the Council at City of Marco Island Florida Page 5 City Council Meeting Minutes - Final December 2, 2019 the November 4, 2019 Council Meeting regarding his receipt of a letter from the Department of Environmental Protection regarding Marco Island's water quality. No additional questions or comments in response to Mr. McNees's update were raised. Vice-Chair Grifoni then asked City Manager McNees for an estimated timetable on the Council's next opportunity to re-address the budgetary implications of City-wide sidewalk maintenance on the Island. City Manager McNees confirmed his understanding of Vice-Chair Grifoni's request, and indicated his intention to have this topic as an agenda item for City Council review no later than early February, 2020. 17. City Attorney's Report ID 19-370 City Attorney’s Report City Attorney Alan Gabriel referenced his City Attorney Report and advised the Council that a settlement agreement with the plaintif's attorney in Heather Comparini v. The City of Marco Island, The Marco Island Police Department, and Alfred Schettino (PGIT Claim No. 351577) had been reached, and that the proposed settlement is in line with the parameters set forth by Council at its October 24, 2019 closed-session meeting. MOTION by Councilor Reed, seconded by Councilor Rios that the proposed settlement and the authorization of the City Manager to execute a settlement agreement in Heather Comparini v. The City of Marco Island, The Marco Island Police Department, and Alred Schettino (PGIT Claim No. 351577) be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Chair Brechnitz, Vice-Chair Grifoni, Councilor Honig, Councilor Reed, Councilor Rios and Councilor Young 18. Departmental Reports ID 19-371 Monthly Departmental Reports Chair Brechnitz solicited the members of Council for questions and comments regarding the Monthly Department Reports. No questions or comments were raised. 19. Citizens' Comments No citizens came forward in response to Chair Brechnitz's invitation to address the Council. 20. Adjournment There being no further business, the meeting adjourned at 7:23 P.M. ________________________________________ Erik Brechnitz, Council Chair ATTEST: ________________________________________ Laura Litzan, City Clerk PREPARED BY: City of Marco Island Florida Page 6 City Council Meeting Minutes - Final December 2, 2019 ________________________________________ Jim Kornas, Recording Specialist City of Marco Island Florida Page 7