City Council

City of Marco Island Florida 51 Bald Eagle Drive Marco Island, Florida cityofmarcoisland.com Meeting Minutes - Final Monday, February 3, 2020 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 February 3, 2020 1. Call to Order Chair Brechnitz called the meeting to order at 5:30 P.M. 2. Roll Call Present: 7- Chair Brechnitz, Vice-Chair Grifoni, Councilor Honig, Councilor Reed, Councilor Rios, Councilor Roman and Councilor Young Also Present Michael McNees, City Manager Laura Litzan, City Clerk Alan L. Gabriel, City Attorney Mike Murphy, Fire Chief Dave Batiato, Deputy Fire Chief Tracy Frazzano, Police Chief Dave Baer, Police Captain Guillermo Polanco, Director of Finance Daniel J. Smith, Community Affairs Director Tim Pinter, Public Works Director Jeff Poteet, Water & Sewer General Manager Jose Duran, Information Technology Manager Jim Kornas, Recording Specialist Citizens and Visitors 3. Invocation Led by Pastor Scott Kerens of The Marco Presbyterian Church. 4. Pledge of Allegiance Led by Chair Brechnitz. 5. Approval of the Agenda MOTION by Councilor Rios, seconded by Vice-Chair Grifoni that the Agenda be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Chair Brechnitz, Vice-Chair Grifoni, Councilor Honig, Councilor Reed, Councilor Rios, Councilor Roman and Councilor Young 6. Approval of the Minutes ID 19-581 Approval of the City Council Meeting Minutes of January 21, 2020 MOTION by Councilor Rios, seconded by Councilor Roman that the Minutes of January 21, 2020 be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Chair Brechnitz, Vice-Chair Grifoni, Councilor Honig, Councilor Reed, Councilor Rios, Councilor Roman and Councilor Young 7. Approval of Consent Agenda Councilor Reed requested the removal of Item 7a. (Appointment of Mr. Rick Woodworth to the Audit City of Marco Island Florida Page 1 City Council Meeting Minutes - Final February 3, 2020 Committee - Councilor Sam Young) from the Consent Agenda. MOTION by Councilor Rios, seconded by Councilor Reed, to Approve the Consent Agenda as Amended. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Chair Brechnitz, Vice-Chair Grifoni, Councilor Honig, Councilor Reed, Councilor Rios and Councilor Roman No: 1- Councilor Young Approval of the Amended Consent Agenda passed the routine item listed below: b. ID 19-710 Donation of Framed Historic Photographs to the Marco Island Historical Society (MIHS) 8. Proclamations and Presentations ID 19-712 Marco Island Stormwater Inlet Treatment System Public Works Director Tim Pinter reviewed the history and purpose of the Suntree Technologies, Inc. stormwater filter system with a request to continue the use of the existing stormwater filters and the replacement of their skimmer booms to capture hydrocarbons, grease and oils in an effort to continue to meet the City's requirements of its MS4 Phase II permit. Public Comment: Mr. David Rasmussen, Caxambas Court, showed a cross-sectional sketch of a representative stormwater filter basin with post-installation modifications that he observed compromising the effectiveness of a number of stormwater filters on the Island. Mr. Rich Blonna, San Marco Road, raised questions regarding the effect of stormwater sediment contributing to waterway turbidity (cloudiness) versus chemical (nutrient) harm. After much Council discussion and questioning regarding the expected effects of the existing system on water quality, Chair Brechnitz requested that City Manager McNees bring forward a cost / benefit analysis and recommendation to the Council on the value and effectiveness of continuing to use and maintain the existing stormwater runoff filtering system. 9. Citizens' comments on agenda items not scheduled for public hearing and items other than those appearing on the agenda. Mr. Phillip Kostelnik, Channel Court, read prepared remarks thanking those veterans who planned and participated in the City's November 11, 2019 Veteran's Day ceremony event. He continued by reminding all present of the upcoming Vietnam Veterans Memorial Wall exhibit that will be on display February 20 - 23, 2020 as an opportunity to honor those who "... made the ultimate sacrifice ...". Mr. David Rasmussen, Caxambas Court, expressed his anger and disappointment regarding an unnamed member of the Waterways Advisory Committee whom he felt responded flippantly and inappropriately to his presentation and plea for action on cleaning up dead fish in the Island's waterways. Mr. Rasmussen encouraged the Council to consider removing the individual from the Waterways Advisory Committee. Mr. Ken Honecker, Marco Island, recalled his August, 2019 comments before the Council regarding the City's Sewer Treatment Plant Upgrade and questioned whether all affected parties on and off of the Island are sharing in the cost burden associated with this project. He concluded by expressing dissatisfaction with with what he saw as Council action to "... stifle free speech ..." during the Public Comment section of City of Marco Island Florida Page 2 City Council Meeting Minutes - Final February 3, 2020 the January 21, 2020 City Council Meeting. He requested that the Council reconsider its approach when members of the public come forward to speak at future Council meetings. Ms. Shelli Connelly, member of the City's Beautification Advisory Committee, came forward to update the Council on the plans and resources engaged in executing the recently-approved utillity box 'wrap' project. She also encouraged the Council and those in attendance to come to the Beautification Advisory Committee's upcoming 'Marco Nature Night' event on February 19, 2020. 10. Quasi-Judicial Public Hearing None. 11. Ordinances None. 12. Resolutions & City Council Items a. ID 19-575 Fire Station 50 Rebuild Discussion and Direction Fire Chief Mike Murphy provided the Council with an in-depth presentation and review of the site and facility layout for a new 'City Emergency / Continuity of Operations' Center proposed as a replacement structure to the City's existing Fire Station 50 facility. He also briefly highlighted the potential funding sources and alternatives for financing the proposed project, and he addressed various questions from the Council and members of the Community who were in attendance. MOTION by Vice-Chair Grifoni, seconded by Councilor Reed, that the City Manager proceed with the architectural drawing for the City Emergency / Continuity of Operations Center for submission to FEMA, the development of a financial plan and timetable, and the evaluation of a 'construction manager at risk' approach versus a 'straight construction bid', be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Chair Brechnitz, Vice-Chair Grifoni, Councilor Honig, Councilor Reed, Councilor Rios, Councilor Roman and Councilor Young 13. Items Removed from the Consent Agenda ID 19-709 Appointment of Mr. Rick Woodworth to the Audit Committee - Councilor Sam Young Councilor Reed raised concern with appropriateness and fit of the candidate for his proposed appointment to the Audit Committee by citing instances where the candidate's 'soft skills' and inability to follow process had been in evidence as Chair of the Waterways Advisory Committee. All members of the Council engaged in constructive comment and perspective sharing, and citizen Dr. Jerry Swiacki, Thrush Court, cited a proposed City Committee apppointment that came before a previous City Council where the Councilors were not in agreement in confirming the appointment. MOTION by Councilor Honig, seconded by Councilor Rios, that the appointment of Mr. Rick Woodworth to the Audit Committee be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 5- Chair Brechnitz, Vice-Chair Grifoni, Councilor Honig, Councilor Rios and Councilor Young No: 2- Councilor Reed and Councilor Roman City of Marco Island Florida Page 3 City Council Meeting Minutes - Final February 3, 2020 14. Council Communications & Future Agenda Council Communications Vice-Chair Grifoni briefly highlighted local, national and international news sources that picked up the story of the Council's recently-approved Burrowing Owl Incentive Program. He noted the positive message and impact that this Program has on the City and its efforts to protect its wildlife, and he thanked the many individuals and organizations who helped to usher this Program through to its successful enactment. Vice-Chair Grifoni then reported on the results of the first Youth Council that met on January 30th, and he expressed high expectations from future Youth Council sessions that will continue through the current school year. He concluded his Council Communiction remarks by referencing a recent citizen email and previously-voiced citizen concerns regarding crosswalk lighting at the South Beach access point. City Manager McNees responded by indicating that he has received citizen input on this and other similar street / crosswalk lighting concerns, and that he and his Staff are preparing a response for Council review in the near future. Councilor Rios noted that his term on the Collier County Tourist Development Council (TDC) is coming to an end in April, and that he (or another City Council member) must be endorsed and appointed by the Marco Island City Council for the upcoming term. Chair Brechnitz sought endorsement from the Council to support Councilor Rios's continuation on the TDC, and all members expressed support. Councilor Rios concluded his remarks by reminding members of the Council that it is inappropriate and out-of-process for a Councilor to forward a citizen complaint via email to all of the other members of the Council. Councilor Honig expressed surprise with the commentary that was raised regarding the financing of the 'City Emergency / Continuity of Operations Center' earlier in the meeting. He referenced his use of the City Finance Director's numbers in outlining the planned distribution and allocation of the 1% Sales Tax funds during the January 6, 2020 City Council meeting, and he noted the endorsement and support that he received from the Council at that time. Councilor Honig next spoke to the benefits that resulted from the Council's engagement with the Collier County Board of County Commissioners, and he exhorted the next City Council to establish and maintain strong relationships with the Board of County Commissioners during the 2020-2021 leadership transition. Councilor Honig then showed a photo of the mayor of Ft. Myers attending a White House meeting, and he expressed his belief that Marco Island is disadvantaged by not having a City-wide elected mayor. He continued by referencing his membership and participation on behalf of the Council on the Southwest Florida League of Cities and pointed out that Naples, Ft. Myers, Bonita Springs, Sannibel, Punta Gorda and Estero all have elected mayors to represent the citizens of those cities. Councilor Honig concluded by advising the Council of his discussions with City Manager McNees regarding a proposed revision to the Community Room seating arrangement to place the City Manager more in the line of sight of the Council. Councilor Young commended the City's Growth Management Department for its publication and dissemination of "Pointless Personal Pollution", a public awareness document prepared by the Florida Department of Environmental Protection Nonpoint Source Management Section. This document is listed among 'Marco's Top Ten' for February 2020 on the City of Marco Island - City Hall Bulletin, and is available and searchable on www.cityofmarcoisland.com. Councilor Young next asked City Manager McNees for an update on the City's efforts in cleaning up dead fish and algae in the waterways, and he requested action on this issue in advance of the next City budget cycle. He followed with a question regarding the status of the City's proposed plan to address sidewalk improvements, and City Manager McNees responded that a proposal would likely be ready for the Council's February 18th meeting. Councilor Young concluded by pointing out that the Waterways Advisory Committee completed a proposed amendment to the MS4 and, with an email endorsement from Dr. Harper of Environmental Research & Design, Inc. (ERD), he believes that actions to improve the condition of the waters in and around the Island should not wait for completion of the water quality testing effort recently awarded to ERD. Councilor Roman began by offering her comment on the City Council meeting room redesign proposed by City of Marco Island Florida Page 4 City Council Meeting Minutes - Final February 3, 2020 Councilor Honig. She then noted that Management Reports on the City Council agenda have not been updated, and that she has seen no definitive action on her request to have an annual, recurring schedule of updates from the Chairs of the various City Committees and Advisory Boards. Councilor Roman concluded by requesting that the City Manager's Report provide greater visibility on the timetable for the return of specific topics that have been requested by the Council. Councilor Reed spoke of Governor DeSantis's recent appointment of Dr. Julia Nesheiwat as Florida's first Chief Resilience Officer (CRO), and to his attendance at a local meeting to meet and engage with Dr. Nesheiwat, Dr. Michael Saravese of Florida Gulf Coast University and others who are working to respond to projected climate change impacts on The Sunshine State. He voiced his support for recognizing the potential impact of climate change in the planning and design of facilities like the 'City Emergency / Continuity of Operations Center' that was presented and discussed during the evening's Council meeting. Councilor Reed concluded by speaking to the broad latititude that the Council Chair has to maintain order during Council meetings, and to the right for citizens to exercise free speech in a non-disruptive manner. He called upon Chair Brechnitz to review the law and reverse his stand on the censorship of citizen comments related to the behavior of Councilors in the course of their employment on the City Council. Chair Brechnitz deferred his Council Communication comments in consideration of the remaining agenda items and the extended duration of the evening's Council meeting. ID 19-582 Future Agenda Items Vice-Chair Grifoni requested that 'Park and Future Athletic Improvements' be placed on a future agenda for Council review and consideration. Councilor Honig requested that 'Roadways' be added onto a future agenda for the Council. 15. Council Reports ID 19-713 Lighting Ordinance for Protection of Sea Turtles - Councilor Victor Rios Councilor Rios provided background on the urgency and need to address the City's twenty year old ordinance on beach lighting in its effort to protect sea turtle hatchlings, and he noted the expense and effort undertaken by the Florida Fish & Wildlife Conservation Commission (FWC) to develop new model standards for beach communities to adopt. He urged the Council to direct the City Manager to revise Marco Island's existing ordinance with a goal of enacting updated rules and standards prior to the start of the 2020 sea turtle nesting season. Councilor Roman sought clarification and understanding of Councilor Rios's intent for his 'Lighting Ordinance for Protection of Sea Turtles' whitepaper, and she noted that Council had previously directed the City Manager to update the City's ordinance in response to the 'Beach & Coastal Protection' report that he presented to Council at its meeting on October 25, 2019. City Manager McNees confirmed that the City Staff is actively working on a revised ordinance in collaboration with the Beach & Coastal Resources Committee. Public Comment: Mr. Al Diaz, a long-time Marco Island condominium manager, expressed concern with certain terminology and implementation elements inherent in the model FWC ordinance. He pointed out certain impacts of the FWC model ordinance that would unfairly burden condominium managers, and he requested that an educational effort be established prior to the enforcement of new lighting rules and guidelines for condominium owners and associations. City of Marco Island Florida Page 5 City Council Meeting Minutes - Final February 3, 2020 At the request of Councilor Roman and Chair Brechnitz, Police Chief Frazzano communicated that the Sea Turtle Conservancy is hosting a lighting workshop for condominium managers and others on Marco Island on Tuesday, February 25, 2020 from 9:30 am - 1:30 pm. Chair Brechnitz concluded discussion on this topic by cautioning the City Manager and the Council to carefully consider the costs and unintended impacts of a hastily-developed ordinance, and he directed the City Manager to continue working with the Beach & Coastal Resources Committee and the City Attorney to draft a well-considered ordinance as quickly as is practical to do so. 16. City Manager's Report City Manager McNees briefly outlined his upcoming participation in Collier County Commissioner Donna Fiala's Town Hall Meeting and the Florida City & County Managers Association (FCCMA) Winter Institute Conference in Daytona Beach on February 6-7, 2020. 17. City Attorney's Report None 18. Departmental Reports ID 19-583 Monthly Departmental Reports There were no questions or comments from the Council on the Department Reports. 19. Citizens' Comments No citizens came forward to comment. 20. Adjournment There being no further business, the meeting adjourned at 9:37 P.M. ________________________________________ Erik Brechnitz, Council Chair ATTEST: ________________________________________ Laura Litzan, City Clerk PREPARED BY: ________________________________________ Jim Kornas, Recording Specialist City of Marco Island Florida Page 6