City Council

City of Marco Island Florida 51 Bald Eagle Drive Marco Island, Florida cityofmarcoisland.com Meeting Minutes - Final Tuesday, February 18, 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 18, 2020 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 Dave Batiato, Deputy Fire Chief Tracy Frazzano, Police Chief Guillermo Polanco, Director of Finance Daniel J. Smith, Community Affairs Director Tim Pinter, Public Works Director Raul Perez, Chief Building Official Jose Duran, Information Technology Manager Mary Holden, Senior Planner Sherry Hoyo, Planner I Jim Kornas, Recording Specialist Citizens and Visitors 3. Invocation Led by Pastor Thomas McCulley of New Life Community 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 ID 19-584 Approval of the City Council Meeting Minutes of February 3, 2020 MOTION by Councilor Rios, seconded by Vice-Chair Grifoni that the Minutes of February 3, 2020 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 Consent Agenda City of Marco Island Florida Page 1 City Council Meeting Minutes - Final February 18, 2020 MOTION by Councilor Honig, seconded by Councilor Reed that the Consent 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 Approval of the Consent Agenda passes the routine item listed below: ID 19-723 Appointment of Councilor Victor Rios to the Collier County Tourist Development Council (TDC) 8. Proclamations and Presentations a. ID 19-719 Proclamation Recognizing Audubon Western Everglades Owl Watch Program Chair Brechnitz read the Proclamation recognizing the Audubon Western Everglades Owl Watch Program and presented it to the Owl Watch Program representatives in attendance amid a round of applause from the Council, City Staff and Citizens present at the meeting. b. ID 19-720 Proclamation Recognizing Relay for Life Chair Brechnitz read the Proclamation recognizing Relay for Life, and presented it to the Relay for Life representatives in attendance amid a round of applause from the Council, City Staff and Citizens present at the meeting. c. ID 19-726 Presentation - Building and Growth Management Services Permitting Process Update Community Affairs Director Daniel J. Smith outlined and summarized the recent improvements that have been implemented to improve the permitting process, and together with Raul Perez, Chief Building Official, addressed questions raised by members of the Council. City Manager McNees also provided his perspective on how the 2019 - 2024 - 2034 Strategic Plan and the City's Comprehensive Plan work together to ensure that City resources and supporting ordinances are aligned to meet the Council's vision for Marco Island. 9. Citizens' comments on agenda items not scheduled for public hearing and items other than those appearing on the agenda. Ms. Terri Shifflett, a resident of French Village Condominiums on Collier Boulevard, advised the Council of the storm drain, sod damage and pedestrian and bicyclist safety concerns which have arisen from the recent increase in the number and size of vehicles being parked on Spruce Avenue between Collier Boulevard and Fieldstone Street. She proposed making that section of roadway a 'No Parking' area to allow French Village Condominium residents and guests easier and safer egress from the condominium's parking lot. The Council asked City Manager McNees & Staff to investigate Ms. Shifflet's concern. Ms. Bernie Greichen, South Seas Court, addressed the Council regarding her receipt of a letter indicating that members of the Council will soon be providing input to the petitioner / developer interested in establishing an assisted living facility on Marco Island. Understanding that the Councilors will be attempting to convey criteria and concerns of highest interest to those citizens most affected by the establishment of such a facility, she outlined her wishes and concerns, and reminded the Council of interim City Manager Harden's assurances of transparency in the review and consideration of any such facility for Marco Island. Mr. Paul Winter, Orange Court, brought to the attention of the Council the extended-duration City of Marco Island Florida Page 2 City Council Meeting Minutes - Final February 18, 2020 manufacturing, debris, heavy truck traffic, noise and dust associated with the construction of seawall panels by a contractor on vacant residential lots at 1216 & 1224 Orange Court. He pointed out the apparent ability of the contractor to leverage the utilization of two adjacent open lots to operate "... a full-scale manufacturing plant ...", and he requested that the Council direct a review and reconsideration of the applicable limitations and guidelines. Chair Brechnitz indicated that the City's Growth Management Department is aware of, and is currently reviewing, this situation with the intention of bringing forward revised recommendations to the Planning Board and the Council in the near future. Mr. Rich Blonna, San Marco Road, referenced the earlier comments by Ms. Bernie Greichen and requested clarity regarding the nature and content of the letter of which Ms. Greichen spoke. Chair Brechnitz briefly shared what he knew of the letter, and City Manager McNees communicated that the property owner has yet to put forward and propose a specific plan for the City and the community to review. City Manager McNees assured all present that, if and when a specific proposal is brought forward, it will be "... very open and very public ...". Ms, Yvette Bennaroch, on behalf of the American Legion Post 404, thanked everyone for the turnout and support of the arrival of 'The Wall That Heals' traveling Vietnam Veterans Memorial. She invited all to attend the official opening ceremony at Veterans Community Park on Thursday, February 20 at 12:00 pm, and she noted that the closing ceremony will be held at 1:30 pm on Sunday, February 23. 10. Quasi-Judicial Public Hearing None. 11. Ordinances None. 12. Resolutions & City Council Items ID 19-735 Award of Contract for the Construction of the Yellowbird Street Roadway and Utility Reconstruction Project to the Lowest Responsible Bidder, Wright Construction Group, in the Amount of $4,071,696.95 Public Works Director Tim Pinter advised the Council that the process for selecting a contractor for the Yellowbird Street roadway and utility reconstruction project was complete, and he requested Council approval to award the contract and issue the purchase order for the construction of the project. MOTION by Vice-Chair Grifoni, seconded by Councilor Rios, that the City Manager award the contract and issue the purchase order for the construction of the Yellowbird Street roadway and utility reconstruction project to Wright Construction Group in an amount not to exceed $4,071,696.95, be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Chair Brechnitz, Vice-Chair Grifoni, Councilor Honig, Councilor Reed, Councilor Rios and Councilor Young 13. Items Removed from the Consent Agenda None. 14. Council Communications & Future Agenda Council Communications City of Marco Island Florida Page 3 City Council Meeting Minutes - Final February 18, 2020 Councilor Rios augmented the information shared by citizen Yvette Benarroch earlier in the meeting regarding the ability for the public to view 'The Wall That Heals', and he thanked the Marco Island Police and Fire Departments for their efforts in ensuring a smooth, trouble-free arrival for the Memorial onto the Island. Councilor Rios then corrected a comment offered by condominium manager Al Diaz during the Public Comment portion of the 'Lighting Ordinance for Protection of Sea Turtles' discussion at the February 3, 2020 City Council meeting regarding who would bear the responsibility for fines levied on violators of the beach lighting restrictions. Councilor Rios concluded by requesting confirmation from City Manager McNees that City Staff-recommended revisions to the beach lighting ordinance would come before the Council before the start of the 2020 turtle nesting season. City Manager McNees confirmed that expectation. Vice-Chair Grifoni briefly commented on the success of the second Youth Council that was held during the week of February 10th, and noted that the next meeting of the Youth Council is scheduled for the week of February 24th. Councilor Young shared comments offered by former interim City Manager David Harden in a recent email regarding the "benign" impact of the existing SunTree filters as well as Mr. Hardin's opinion that the filters could be removed without adverse impact to the City's waterways whenever an inlet is worked on. He then advised the Council that he and City Manager McNees would be conducting a field trip to observe firsthand the condition of a subset of the filters installed on the Island. Councilor Young next addressed the Council discussion at the February 3rd meeting regarding a Committee candidate's "... inability to follow process...", and he highlighted an example of the Waterways Advisory Committee bringing forward a unanimously-supported recommendation to enhance the MS4 ordinance that has yet to be placed on an agenda for Council review. Chair Brechnitz, City Manager McNees and Councilor Honig offered comment on the existing process for the preparation and placement of items onto the Council's agenda, and Councilor Young reiterated his concern that modest, straightforward actions to improve the Island's water quality are being deferred unnecessarily pending the completion of the recently-contracted water quality monitoring and measurement project. Councilor Young added to his comments by reminding City Manager McNees of an awaited response by Council on a fish cleanup proposal and a proposed interim sidewalk enhancement effort, and he questioned whether the permit granted in 1979 to the Hideaway Beach Community to allow a water outfall without discharge testing is allowed "in perpetuity". Later in the meeting, he brought forward documentation outlining the structure, work flows and other operational elements of the Code Enforcement Department for Collier County, and he suggested that the City Manager use it as a model for realigning the City's Code Enforcement Department. Councilor Reed acknowledged Councilor Young's concerns and spoke to the expectation of the citizens of Marco Island that the City Council "get it right" in spending taxpayer dollars to improve the quality of the Island's waterways. He noted that the selection of Environmental Research & Design, Inc. to assess the sources of nutrient contamination was a deliberate action on the part of the Council and City Staff to "get it right", and he expressed continued support for "waiting for the science" before setting policy and making important resource decisions to address the water quality issue. Councilor Reed also commended Councilor Young for seeking and obtaining information that may be helpful to the City Manager and his Staff in its effort to re-align the Marco Island Code Enforcement Department. However, he also reminded the Council of its role and cautioned against reaching beyond that role in an attempt to direct how the City Staff should organize itself or operate on a day-to-day basis. Vice-Chair Grifoni noted that the Council had already allocated money in the current budget for the swales, median restructuring and water quality testing that are all expected to have a positive impact on the condition of the waters in and around the Island. He expressed his belief that the process for bringing forward items for Council review is "not as onerous as it appears", and he encouraged Councilor Young to pursue the recommendations offered to bring forward his proposed agenda item for Council consideration. City of Marco Island Florida Page 4 City Council Meeting Minutes - Final February 18, 2020 Councilor Rios cautioned members of the Council to not overstate the need for "the science" in delaying action in the pursuit of improved water quality. He indicated that Dr. Harper of Environmental Research & Design, Inc. endorsed taking reasonable actions prior to the conclusion of the forthcoming nutrient assessment effort. Chair Brechnitz, in response to Councilor Young's comments regarding the Hideaway Beach water discharge outfall, noted that water from the outfall is only in evidence one or two times a year when a exceptional rain event causes it to occur. He reiterated the ability for Councilor Young to gather the appropriate documentation and work with the City Manager to schedule an agenda item for Council review. Chair Brechnitz then communicated that he had spoken with the City Manager on a means to provide more clarity as to when Future Agenda items can be expected to return to Council for review and action, and he announced that, in consideration of the current length of the agendas and the duration of Council meetings, he had decided against adding Committee Reports as a regularly-appearing agenda topic for the City Council. He encouraged Councilors to avail themselves of the various ways by which they can stay abreast of the direction and activities of the Committees. Chair Brechnitz next spoke to the concerns raised at the last Council meeting about citizens being able to excise their rights to free speech. He noted the multiple opportunities during the course of every City Council meeting where citizens are offered the ability to offer comment, and he referenced the many citizen comments that he had received during the last City Council election cycle expressing a desire to return to Council proceedings that are conducted with decorum, respect and dignity. He advised the Council that he has begun the development of a proposed performance evaluation document to annually assess the performance of the City Manager, and he indicated that he will have a draft document available for Council input. Chair Brechnitz concluded by sharing information that he had received during a Metropolitan Planning Organization (MPO) meeting regarding near-term roadwork plans for Hwy 951 at the intersections of Capri Boulevard and Mainsail Drive. ID 19-585 Future Agenda Items Councilor Young requested that proposed changes to the MS4 ordinance as drafted by the Waterways Advisory Committee be brought forward as a future agenda item. Chair Brechnitz indicated that sidewalk recommendations will be forthcoming for Council review and action at the March 2, 2020 City Council Meeting. Chair Brechnitz confirmed with City Manager McNees that a recommendation for the Code Enforcement Department reporting relationship will be forthcoming as a future agenda item. 15. Council Reports ID 19-722 Roadways - Councilor Larry Honig Councilor Honig opened the topic by showcasing a cost-effective road maintenance project that significantly improved the quality of the roadway in his neighborhood. Given the success of the approach, and at the behest of City Manager McNees and Public Works Director Pinter, Councilor Honig brought forward his presentation to assess the Council's willingness to entertain potential future proposals from the City Staff to re-align certain budget allocations and timings to derive more benefit and efficiency in addressing roadway conditions for the citizens of Marco Island. The Council expresed its willingness to be open to future proposals of this nature from the City Staff. City of Marco Island Florida Page 5 City Council Meeting Minutes - Final February 18, 2020 16. City Manager's Report City Manager McNees publicly recognized Emergency Manager Recovery Coordinator Chris Byrnes for his efforts and success in securing $1,056,975 in FEMA grant money to enhance the flood-proofing and storm-resiliency of City Hall. Mr. McNees next notified all in attendance that FEMA's modified flood plain maps have been issued, and that a public Open House with FEMA representatives to address questions regarding the new maps is scheduled for Tuesday, March 3, 2020 at Mackle Park beginning at 4:00 p.m. Mr. McNees concluded by expressing his displeasure and disappointment with the editorial leadership of the Naples Daily News in its publishing of comments and accusations by an individual from the Marco Island Police Department who is currently under disciplinary review. 17. City Attorney's Report ID 19-586 City Attorney’s Report City Attorney Alan Gabriel called attention to a settlement proposal received by the City regarding a September, 2019 drafted, but unfiled, complaint against the City and four former members of the Marco Island Police Department. MOTION by Councilor Rios, seconded by Councilor Young, that the City Manager and City Attorney be authorized to move forward to accept the proposed $100,000 settlement offer and sign the necessary documents to secure the City's release from all future claims, be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Chair Brechnitz, Vice-Chair Grifoni, Councilor Honig, Councilor Reed, Councilor Rios and Councilor Young Additionally, at the request of Councilor Rios, City Attorney Gabriel updated the Council on the status of 'Marco Island Academy Sewer Access' by indicating that draft documents to allow utility access are in the process of being finalized. 18. Departmental Reports ID 19-587 Monthly Departmental Reports No questions were raised by members of the Council. 19. Citizens' Comments Mr. Andrew Kirlin, Chair of the Beautification Advisory Committee, reminded the Council and all present of the Wednesday, February 19 Marco Nature Night event in the Community Room beginning at 5:30 P.M. He briefly outlined the presentation topics and encouraged all to attend. 20. Adjournment There being no further business, the meeting adjourned at 7:53 P.M. ________________________________________ Erik Brechnitz, Council Chair City of Marco Island Florida Page 6 City Council Meeting Minutes - Final February 18, 2020 ATTEST: ________________________________________ Laura Litzan, City Clerk PREPARED BY: ________________________________________ Jim Kornas, Recording Specialist City of Marco Island Florida Page 7