City Council

City of Marco Island Florida 51 Bald Eagle Drive Marco Island, Florida cityofmarcoisland.com Meeting Minutes - Final Monday, March 2, 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 March 2, 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 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 Mary Holden, Senior Planner Jim Kornas, Recording Specialist Citizens and Visitors 3. Invocation Offered by Councilor Howard Reed. 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 19-588 Approval of the City Council Meeting Minutes of February 18, 2020 MOTION by Councilor Rios, seconded by Councilor Young, that the Minutes of February 18, 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 Young requested the removal of both Item 7a. (ID 20-758 Approving a Purchase Order to City of Marco Island Florida Page 1 City Council Meeting Minutes - Final March 2, 2020 Coastal Engineering Consultants, Inc. in the amount not to exceed $96,690.00 for Hideaway Beach Erosion Control Project Third Year Physical Monitoring Survey) and Item 7b. (ID 20-752 Award of Contract #2020-006 for Construction Management at Risk Services for the Development of Veterans' Community Park to the Highest-Ranking Firm, Manhattan Construction Company, in the Amount of $168,222.00 for the Pre-Construction Phase) for discussion under Item 13 of the Agenda. 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. Police Chief Tracy Frazzano delighted the Council and meeting attendees with a demonstration of the new remote-controlled, mini Marco Island Ford Explorer police cruiser that will be used in support of the department's 'Coloring with a Cop' and Tommie Barfield School outreach program. 10. Quasi-Judicial Public Hearing None. 11. Ordinances None. 12. Resolutions & City Council Items a. ID 19-721 Discussion of Construction, Repair, and Maintenance Options for Sidewalks City Manager McNees outlined the direction that he had received from the Council on this topic and briefly discussed two of the four options that could be implemented without significant delay or requiring the identification of new revenue sources, those being Option 2: Enhanced Homeowner Assistance, and Option 3: City-funded Improvements with Assessment Back to Property Owner. After Council review and discussion, City Manager McNees was directed to implement Option 2 (Enhanced Homeowner Assistance) immediately and to return to Council in approximately 45 days with a realistic annual cost estimate for the City to assume full responsibility for pedestrian sidewalks. b. ID 20-755 Award of Contract #2020-009 for Planning Consulting Services to update the Comprehensive Plan-Phase I to Florida Gulf Coast University, in the amount of $74,623. Florida Gulf Coast University (FGCU) submitted the highest rating proposal. MOTION by Councilor Roman, seconded by Vice-Chair Grifoni, that the City Manager execute the Award of Contract #2020-009 for Planning Consulting Services to update the Comprehensive Plan - Phase I to Florida Gulf Coast University, in the amount of $74,623.00 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 City of Marco Island Florida Page 2 City Council Meeting Minutes - Final March 2, 2020 ID 20-758 Approving a Purchase Order to Coastal Engineering Consultants, Inc., in the amount not to exceed $96,690.00 for the Hideaway Beach Erosion Control Project Third Year Physical Monitoring Survey Councilor Young shared written comments that he had solicited from Mr. Gary McAlpine, Collier County Manager of Coastal Zone Management, indicating Mr. McAlpine's unfamiliarity with the proposed Hideaway Beach Erosion Control Third Year Physical Monitoring Survey. Upon review of the comments, members of the Council addressed questions to Public Works Director Tim Pinter regarding the interaction and engagement of the County in the permitting of projects related to Hideaway Beach's erosion control efforts. MOTION by Vice-Chair Grifoni, seconded by Councilor Rios, that the Purchase Order to Coastal Engineering Consultants, Inc. in the amount not to exceed $96,690.00 for the Hideaway Beach Erosion Control Project Third Year Physical Monitoring Survey 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 ID 20-752 Award of Contract #2020-006 for the Construction Management at Risk Services for the Development of Veterans’ Community Park to the Highest-Ranking Firm, Manhattan Construction Company, in the Amount of $168,223.00 for the Pre-Construction Phase Councilor Young shared written comments that he solicited from Dr. Carlos Portu, Chair of the Marco Island Parks & Recreation Advisory Committee, on the proposed award of the pre-construction phase contract to Manhattan Construction Company. Ms. Lina Upham, Marco Island Purchasing & Risk Manager, outlined the purpose of the pre-construction phase of the Veterans Community Park project. Ms. Upham clarified terminology under Section 4 of the proposed contract outlining specific exclusions, and she addressed questions and concerns raised by the Council. Ms. Upham was subsequently joined by Mr. Gordon Knapp, Manhattan Construction's Senior Vice President, who similarly addressed questions from the Council and provided specific details on the deliverables to be expected during each phase of the planned Veterans Community Park project. MOTION by Vice-Chair Grifoni, seconded by Councilor Honig, that the Award of Contract #2020-006 for the Construction Management at Risk Services for the Development of Veterans Community Park to the Highest-Ranking Firm, Manhattan Construction Company, in the amount of $168, 223.00 for the Pre-Construction Phase be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Chair Brechnitz, Vice-Chair Grifoni, Councilor Honig, Councilor Reed, Councilor Roman and Councilor Young No: 1- Councilor Rios THE COUNCIL WENT INTO RECESS AT 7:28 P.M., AND RETURNED AT 7:40 P.M. WITH ALL COUNCILORS IN ATTENDANCE. 14. Council Communications & Future Agenda Council Communications City of Marco Island Florida Page 3 City Council Meeting Minutes - Final March 2, 2020 Councilor Roman congratulated and thanked the Audubon of the Western Everglades Owl Patrol and all the Owl Watch volunteers who received recognition at the February 18th City Council meeting. She next shared information provided by the Executive Director of the Florida League of Cities indicating that, of roughly 412 municipal government bodies in the State of Florida, 70% have an elected City Council / appointed City Manager structure that is similar to that of Marco Island. Councilor Roman further indicated that only 10% of the municipalities have a separately elected, 'strong' City Mayor form of government. Councilor Roman then referenced a memo drafted by the City Attorney on the subject of " Rules of Decorum" after a recent January 2020 City Council meeting. She raised concern regarding the placement of restrictions on the rights of citizens to express themselves during the Public Comment portions of City Council meetings, and she wondered aloud whether specific actions should be undertaken to minimize the City's potential litigation risk. Councilor Roman next referenced the two fatalities and a recent rollover accident that have taken place thus far into the 2019 - 2020 season, and she indicated that she has asked the City Manager for a plan to address and enhance public safety. Councilor Roman concluded by advising the Council of her upcoming participation on behalf of the Council in: 1) a workshop on the second phase of the Urban Resiliency Planning Team NOAA Project for Collier County addressing "Collier County's Vulnerability to Fresh Water Inundation and the Impact of Mangrove Wetland Restoration Strategies", and; 2) a meeting of the newly-formed Growing Climate Solutions - Path to Positive Southwest Florida coalition. She promised a follow-up report to the Council at the conclusion of her participation in both activities. Councilor Rios reported that more than 18,000 people visited and viewed 'The Wall That Heals' Vietnam Veterans Memorial that was on Marco Island between February 20 - 23, and he noted that this year's attendance exceeded that of previous exhibitions of this Memorial on Marco Island in 2011 and 2015. Councilor Rios further observed that the event proceeded without significant incident, and he expressed appreciation for the strong police, fire and citizen volunteer support by Marco Island, Collier, Lee and other Florida counties for making this year's event so successful. The Councilor next referenced a forthcoming article in the Naples Daily News regarding the condition and effectiveness of the Island's swales, and he proposed stopping all currently budgeted swale improvement activity until more rigorous specifications can be developed and deployed to enhance swale effectiveness. He later requested Council support to not award any future swale work until such a set of specifications can be developed. Vice-Chair Grifoni echoed and supported Councilor Rios's observations regarding 'The Wall That Heals' event, and he noted the impact that the exposition had on himself and the many students and adults who visited the Memorial. He then observed that Committee report summaries that were attached to City Council agendas have been absent as of late. He indicated that he had proposed the initiation of these summaries several years ago so that citizens and members of the Council could have an easy-to-access "running tally" of the topics under review and discussion at the Committee level. He believes that this visibility enhances the ability of the Council to recognize, support and bring action on issues and recommendations emanating at the Committee level, and he requested the re-establishment of this practice with future Council agendas. Vice-Chair Grifoni next thanked City Manager McNees and Police Chief Frazzano for quickly gathering data to help quantify the issues surrounding vehicle and pedestrian safety. He recognized Chief Frazzano's efforts to develop enhanced enforcement and personnel strategies to address the issue, and he looks forward to a near-term review and discussion of this topic at a future Council session. Councilor Reed began by sharing photos from the recently held RC Laser Mid-Winter Championship Regatta which was held at Mackle Park on Saturday & Sunday (February 29 - March 1). He spoke to the various attributes and considerations that allow such an event to be held successfully, and he complimented Community Affairs Director Dan Smith and Parks, Culture & Recreation Manager Samantha Malloy for executing a parking and amenities plan that demonstrated outstanding sensitivity to the needs of those who participated. Councilor Reed next showed photos and spoke to the unveiling of the sculpture on display at the northwest corner of the intersection of Tamiami Trail East (Highway 41) and Collier Boulevard. He provided insights on the artist and other notable people who were in attendance, and he City of Marco Island Florida Page 4 City Council Meeting Minutes - Final March 2, 2020 applauded the effort as an example of "public art done right". While on the subject of 'art', Councilor Reed shared citizen feedback and observations regarding the 'Call To Artists' and the 'Rules To Entry' for the Utility Box Creative Wraps project that was approved by Council at its December 2, 2019 meeting. He concluded his remarks by expressing agreement with Councilor Roman's assessment of the right of citizens to speak freely during the Public Comment portion of Council meetings, and he indicated his wish that a Council discussion on this topic will come forward soon. Councilor Young began by amending and clarifying his intentions regarding two items on the Future Agenda list. He then referenced a communication that he received from Steve Morgan, a Professional Engineer who is a recognized municipal stormwater management consultant to various municipalities and communities in Florida. Mr. Morgan questioned the stated cost per linear foot of swale regrading on Marco Island as reported in a recent Naples Daily News article. Public Works Director Tim Pinter provided background on the process used to identify and select the provider for the most recent swale regrading effort, and Chair Brechnitz requested that City Manager McNees address Councilor Young's concern and recommendation prior to releasing the purchase contract for the remaining swale regrading projects planned for the balance of the current budget year. Councilor Young next addressed the previously raised topic of regular Committee reports to Council, and he indicated that City Manager McNees developed a proposal that could be reviewed and shared with the Council at its request. Councilor Young concluded by asking City Manager McNees about the status of a plan to address fish kills and likely forthcoming algae cleanup in the City's waterways, and City Manager McNees indicated that a resource and budget allocation to devote resources specifically to this effort could be brought forward at the direction of the Council. Councilor Honig initiated his remarks by observing the effect that managerial turnover has had on the backlog of City projects and initiatives, and he encouraged his fellow Councilors to allow City Manager McNees the time and latitude to address the issues at the pace that he deems necessary to successfully execute the responsibilities of his office. Councilor Honig next recalled the detailed discussions that occurred during the 2019 - 2020 budget process regarding the public works projects that were proposed, considered and, ultimately, approved for the current budget year, and he noted the difficulty that is often faced by the City in soliciting bids from contractors who have access to much larger project opportunities from other, larger cities in the southern half of the State. Councilor Roman noted that, during Councilor Honig's term as Chair of the Council, the process for engaging with, monitoring, and providing direction to the Committees was clearly understood and very effective. Chair Brechnitz expressed his support for the renewed implementation of written report summaries as requested by Vice-Chair Grifoni earlier in the Council Communications portion of the meeting, but he indicated that, given the agenda length and duration of current City Council meetings, he would not support the Committee Chairs providing verbal reports / presentations to the Council. Councilor Reed echoed Councilor Honig's perspective on allowing the City Manager and Staff the latitude and the time necessary to execute its initiatives, and he cautioned the Council about "second-guessing" and "micromanaging" their efforts. Councilor Young reminded all present that, in a spirit of "continuous improvement", documenting the process by which a Committee could be heard would enhance the Council's ability to engage with and guide Committee efforts. City Manager McNees, in response to the Council's dialogue, noted that the Committee Report Summaries are burdened with a number of out-of-date topics, directions and initiatives. He indicated that he recently gave direction to his Staff and Committee liaisons to have each Committee address its list at its next scheduled Committee meeting. City Manager McNees further advised the Council that he had directed his Staff liaisons to communicate to the Committees that, if a Committee wishes to bring a topic forward to a future City Council meeting, that Committee Chair need only communicate that wish to the Staff liaison or the City Manager, and with the assistance in preparation by the Staff Liaison, the Committee will have its topic placed onto a City Council agenda. City of Marco Island Florida Page 5 City Council Meeting Minutes - Final March 2, 2020 Chair Brechnitz concluded the Council Communications portion of the meeting by: 1) confirming with the City Manager that the sign ordinance would come forward to the next City Council meeting; 2) calling attention to the FEMA Flood Map Community Engagement meeting at Mackle Park on Tuesday, March 3rd and; 3) humorously commending Chief Frazzano and the Marco Island Police Department on their 'happy feet' video. ID 19-589 Future Agenda Items Councilor Roman requested that a plan to improve traffic and pedestrian safety be brought forward by the City Manager for review, and she proposed the removal of "Comprehensive Plan Update" from the Future Agenda. Councilor Reed requested the removal of his future agenda topic "Parking at Mackle Lake Park". Councilor Young requested the removal of his future agenda topic "Third Party Information for Zero Based Budgeting", and he confirmed his intention to deliver on his "Citizen Survey" topic at a future meeting. The Meeting went into recess at 7:28 P.M., and returned with all Councilors present at 7:40 P.M. 15. Council Reports ID 20-754 Proposed MS4 Amendment as Recommended by the Waterways Advisory Committee - Councilor Sam Young Councilor Young briefly introduced this agenda topic and encouraged members of the community who might wish to better understand stormwater management and the City's existing MS4 ordinance to reach out to him to receive a hyperlink to "25 Facts About Stormwater and the MS4 Permit Program". After receiving clarification that the documents that he had provided as attachments to this item on the Council agenda would be available as part of the public record, he brought forward a Motion. Moiton by Councilor Young, seconded by Councilor Honig, that the Draft MS4 Ordinance be remanded to the Planning Board for review and action. NO VOTE TAKEN ON THIS MOTION. Councilor Grifoni noted that the current MS4 ordinance had been reviewed and approved by the Planning Board and the City Council as recently as 2018. Councilor Reed observed that, since the proposal addresses potential changes to an existing ordinance, it should be first remanded to the City Staff and City Attorney for review prior to proceeding through the Planning Board and City Council review and deliberation process. He proposed amending the Motion on the floor accordingly. Councilor Reed further pointed out that the proposed ordinance brings single-family homes on less than one acre under the same stormwater management regulations that apply to commercial and industrial properties on the Island, and he recommended that a workshop be scheduled to fully illuminate and discuss the benefits, costs and executional impacts of this proposed revision to the existing ordinance. Public Comment Mr. Jason Bailey, Dogwood Court and Vice-Chair of the Planning Board, indicated that his consultations with local and regional Florida stormwater engineering experts on this topic have convinced him that significant improvements to stormwater management could be achieved for residential properties through other innovative, less-costly approaches not comprehended in the proposed revisions to the MS4 ordinance. City of Marco Island Florida Page 6 City Council Meeting Minutes - Final March 2, 2020 Mr. Bob Roth, Barbarosa Court, Professional Engineer and Member of the Waterways Advisory Committee, noted that the proposed revisions to the MS4 ordinance to include residential properties on Marco Island is consistent with stormwater ordinances in effect in Naples and other communities in Florida. He further pointed out that, unlike other Florida communities, the majority of Marco's residential homes are in very close proximity to a waterway without any requirement to manage stormwater from roofs or concrete surfaces from draining directly into those waterways. Dr. Rich Blonna, San Marco Road, complimented Council Young's intent in bringing forward a revision to the MS4 ordinance that addresses residential properties less than one acre, and he expressed his belief that simple, natural solutions to capturing stormwater runoff from residential properties before that runoff reaches the canals is needed. Mr. Rick Woodworth, North Barfield Road and Chair of the Waterways Advisory Committee, reminded all present that this proposed revision is "all about the water", and that, if further study is needed, that it should be reviewed by City Staff, Environment Research & Design, Inc. and the Planning Board so that the proposal is fully evaluated prior to returning before City Council. Mr. David Crain, Gayer Road and Vice-Chair of the Waterways Advisory Committee, noted that the Committee voted unanimously to approve the proposed revision to the MS4 ordinance, and he pointed out that the City's move away from residential septic systems to City sewers inadvertently encouraged the building of many more large-footprint homes with larger areas of impervious surfaces from which stormwater runoff collects pollutants. He supported the suggestion of convening a workshop on this issue, and he agreed that City Staff and the experts should provide input on the proposed ordinance. At the conclusion of the Public Comments, Chair Brechnitz directed questions to Community Affairs Director Dan Smith regarding the maximum residential and commercial pervious / impervious surface ratios recently addressed and discussed by the Planning Board. City Manager McNees and City Attorney Gabriel noted that the formatting and terminology of the proposed revision does not currently meet the requirements for an amended ordinance, and they recommended that the City Staff be allowed to review and apply the appropriate formatting modifications prior to the proposed ordinance coming before the Planning Board. Amended MOTION by Councilor Young, seconded by Councilor Honig, that the Draft MS4 Ordinance be remanded first to the City Staff and then to the Planning Board for review and action. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Chair Brechnitz, Vice-Chair Grifoni, Councilor Honig, Councilor Reed, Councilor Rios, Councilor Roman and Councilor Young 16. City Manager's Report City Manager McNees communicated that unanticipated repairs to an important underground telecommunications node coming onto the Island will result in approximately 24 hours of restricted traffic access at the intersection of Bald Eagle and Collier Boulevard. He then advised the Council that he has initiated contingency planning efforts with his department heads in anticipation of the unlikely event of the Corona virus affecting the staffing of critical City service areas. 17. City Attorney's Report None. 18. Departmental Reports City of Marco Island Florida Page 7 City Council Meeting Minutes - Final March 2, 2020 ID 19-590 Monthly Departmental Reports No questions were raised by members of the Council regarding the department reports. 19. Citizens' Comments Mr. Bob Roth, Barbarosa Court and member of the Waterways Advisory Committee, noted that any efforts to adjust the allowable pervious / impervious surface ratios for residential construction and properties without also addressing the management and treatment of stormwater runoff will not improve the condition of the waterways. Dr. Rich Blonna, San Marco Court, commented on the swales and his belief that specific standards for swale construction are required to ensure that they percolate stormwater effectively before the water is released into the Island's waterways. He recognized that all parties with an interest in water quality - concerned citizens, the Committees, the City Staff and the City Council - are putting forward 'best efforts' to improve the situation, and he asked that everyone be mindful of the need to cooperate to ensure the best result for the citizens of Marco Island. 20. Adjournment There being no further business, the meeting adjourned at 8:19 P.M. ________________________________________ Erik Brechnitz, Council Chair ATTEST: ________________________________________ Laura Litzan, City Clerk PREPARED BY: ________________________________________ Jim Kornas, Recording Specialist City of Marco Island Florida Page 8