City Council

City of Marco Island Florida 51 Bald Eagle Drive Marco Island, Florida cityofmarcoisland.com Meeting Minutes - Final Monday, March 16, 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 16, 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 Roman Not Present: 1- 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 Tim Pinter, Public Works Director Chris Byrne, Emergency Manager Recovery Coordinator Mary Holden, Senior Planner Jose Duran, Information Technology Manager Jim Kornas, Recording Specialist Citizens and Visitors Special Introduction City Manager McNees introduced Ms. Casey Lucius, newly named Assistant to the City Manager, to a warm welcome and applause from the Council and the Citizens in attendance. 3. Invocation Offered by Councilor Reed. 4. Pledge of Allegiance Led by Chair Brechnitz. 5. Approval of the Agenda Chair Brechnitz proposed the addition of two agenda topics: 1) 'State of Emergency Proclamation by Marco Island' for discussion under Agenda Item 8 (Proclamations and Presentations), and; 2) 'Resolution to Approve the Execution and Delivery of a Forward Fixed Rate Lock Letter Agreement and Appointing an Escrow Agent' for discussion under Agenda Item 13 (Items Removed From The Consent Agenda). MOTION by Councilor Rios, seconded by Councilor Honig, that the Amended Agenda AND THE AMENDED 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 Roman 6. Approval of the Minutes City of Marco Island Florida Page 1 City Council Meeting Minutes - Final March 16, 2020 ID 19-591 Approval of the City Council Meeting Minutes of March 2, 2020 MOTION by Vice-Chair Grifoni, seconded by Councilor Rios, that the Minutes of March 2, 2020 be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Chair Brechnitz, Vice-Chair Grifoni, Councilor Honig, Councilor Reed, Councilor Rios and Councilor Roman 7. Approval of Consent Agenda Chair Brechnitz requested the removal of Item 7a. (ID 20-769 Award of Contract #2020-017 for Financial Advisory Services with PFM Financial Advisors, LLC Related to the Issuance of Debt by Piggy-Backing of City of North Port Contract 2020-003) and Item 7b. (ID 20-770 Award of Contract #2020-018 for Bond Counsel Services with Bryant Miller Olive, P.A. (BMO) by Piggy-Backing of City of St. Petersburg Contract and Using Existing City of Marco Island Rates) for discussion under Item 13 of the Agenda. [Approval of Consent Agenda passes the routine item listed below as noted Under Item 5: Approval of Agenda] c. ID 20-774 Resolution Creating a City of Marco Island Audit Advisory Committee 8. Proclamations and Presentations a. State of Local Emergency Proclamation City Manager McNees briefly summarized the reasons for the Proclamation, and Chair Brechnitz read the Proclamation into the Record. City Manager McNees and City Attorney Gabriel then responded to questions raised by members of the Council regarding: 1) the extent of the decision making authority granted to the City Manager under this Proclamation; 2) the effective duration of the Local Emergency Declaration, and; 3) the engagement of the Council on matters of Community concern during this emergency. Also, at the request of Councilor Roman, City Manager McNees offered his view and perspective on certain future actions to protect public health that may be warranted under the advice of the Centers for Disease Control & Prevention (CDC) and the Florida State Department of Health. Public Comment: Dr. Rich Blonna, San Marco Road, expressed support for City Manager McNees's recommendation to keep the Island's beaches open at this time. Mr. Cliff Donenfeld, Naples resident and candidate for Collier County Commissioner District 1, communicated that he received information from the Director of Engineering at the University of Miami indicating that very limited beach closures are currently in effect or under consideration in the Miami / Ft. Lauderdale area to address the influx of college spring break vacationers. Ms. Christine Dowell, Biscayne Way, expressed her concern with the potential impact of vacationers from the east coast of Florida and elsewhere bringing the COVID-19 virus to Marco Island. She reminded the Council of its responsibility to protect the citizens of Marco Island. MOTION by Councilor Rios, seconded by Councilor Honig, that the State of Local Emergency Proclamation and the Granting of Emergency Response Powers to the City Manager, be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Chair Brechnitz, Vice-Chair Grifoni, Councilor Honig, Councilor Reed, Councilor Rios and Councilor Roman City of Marco Island Florida Page 2 City Council Meeting Minutes - Final March 16, 2020 b. ID 20-780 Presentation by the Beach and Coastal Resources Advisory Committee Mr. Robert Eastman, Vice-Chair of the Beach and Coastal Resources Advisory Committee (BACR), recognized those present and others not in attendance who assist the Committee in executing its mission. He reviewed a presentation outlining several of the key accomplishments of the Committee over the past year, and he shared detailed results from the plastic straw ban and recent beach cleanup activity. Councilor Roman complimented the Committee and pointed out the positive comments regarding the BACR in a recent editorial by the Naples Daily News. Councilor Rios followed the presentation with a question to the City Manager on the status of a revised Ordinance regarding sea turtle lighting, and City Manager McNees and Community Affairs Director Dan Smith provided an update on the status of that revision. Vice-Chair Grifoni asked if more community education is needed, and Mr. Eastman confirmed this need. 9. Citizens' Comments On Agenda Items Not Scheduled For Public Hearing And Items Other Than Those Appearing On The Agenda In Person: Mr. Eric Stahl, Collier Boulevard, expressed frustration with an apparent lack of disciplinary action regarding misrepresentations that he indicated were made about him to police authorities by a City employee. Mr. David Rasmussen, Caxambas Court, proposed that the Council consider freezing near-term capital expenditure plans and diverting 50% of the expected revenue from the Collier County 1% sales tax increase in favor of providing immediate citizen property tax relief. Mr. Cliff Donenfeld, Naples, introduced himself as a candidate for Collier County Commissioner District 1, and briefly outlined his history on Marco Island. He expressed his support for Mr. Rasmussen's proposal, and he requested that repairs to the water fountains in the dog park at Mackle Park be considered. Via Email to publiccomments@cityofmarcoisland.com: Ms. Debbie Wendt proposed changing the intersection of Yellowbird Road and 6th Avenue from a two-way to a four-way stop-sign-controlled intersection to improve traffic safety. Ms. Melissa Kamen inquired as to who would have the authority on Marco Island to enforce the size of gatherings at restaurants and bars, should such a restriction be put into place as has been recently introduced in other states to limit the spread of the COVID-19 virus. Mr. Paul Sullivan, in commenting on the discussion surrounding the State of Local Emergency Proclamation, proposed only allowing Residents Beach to remain open to limit the the ability for non-residents to spread the COVID-19 virus on the Island. 10. Quasi-Judicial Public Hearing ID 20-775 Appeal to the City Council of Staff’s Decision (OI-20-000018) that the Conditional Use Permit approved by Resolution 15-05 and the Site Development Plan approved by Resolution 17-26 have expired City Attorney Alan Gabriel swore in all parties intending to provide witness or testimony, and each Council City of Marco Island Florida Page 3 City Council Meeting Minutes - Final March 16, 2020 member provided verbal ex parte statements related to Petitioner's Appeal. Community Affairs Director Dan Smith next outlined the nature and detail of the Appeal before the Council, and he reviewed photos, drawings and a timeline of relevant actions and submissions by the Petitioner as well as the decisions and communications regarding the Petitioner's Conditional Use Permit and Site Development Plan by the City's Growth Development Department. Attorney Joseph Davidow of Willis & Davidow, LLC, as representative for the Petitioner, reviewed and highlighted the material provided by the Petitioner, and argued definitions, interpretations and understandings in support of the Petitioner's Appeal. MOTION by Councilor Rios, seconded by Councilor Honig, to Overrule the City Staff''s Decision (OI-20-000018) that the Conditional Use Permit approved by Resolution 15-05 and the Site Development Plan approved by Resolution 17-26 have expired, be Approved. MOTION FAILED BY THE FOLLOWING VOTE: Yes: 3- Vice-Chair Grifoni, Councilor Honig and Councilor Rios No: 3- Chair Brechnitz, Councilor Reed and Councilor Roman The Meeting Went into Recess at 7:45 P.M. and Reconvened at 7:55 P.M. With the Six Councilors Present at Roll Call in Attendance. 11. Ordinances A. Public Hearings None. B. First Readings 1. ID 20-776 Ordinance - First Reading - Amending the Code of Ordinances to Provide for Staggered Terms for the Hideaway Beach District Board City Clerk Laura Litzan read the Ordinance into the Record by title only. No questions or comments were brought forward by the Council or the members of the public in attendance. MOTION by Councilor Rios, seconded by Vice-Chair Grifoni, that the Ordinance - First Reading - Amending the Code of Ordinances to Provide for Staggered Terms for the Hideaway Beach District Board by Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Chair Brechnitz, Vice-Chair Grifoni, Councilor Honig, Councilor Reed, Councilor Rios and Councilor Roman 2. ID 20-777 Ordinance - First Reading - Relating to Signage; Amending Section 30-522(b)(10) of the Code of Ordinances of the City of Marco Island, to Allow Signs in the Public Right-of-Way in all City of Marco Island Florida Page 4 City Council Meeting Minutes - Final March 16, 2020 Zoning Districts; Revising Section 30-524 of the Code of Ordinances of the City of Marco Island; Providing that Unauthorized Signs are Subject to Removal; Providing for Inclusion in the City Code; Providing for Severability/Interpretation; and Providing for an Effective Date City Clerk Laura Litzan read the Ordinance into the Record by title only. (Councilor Young arrived at 8:29 P.M. and participated in the discussion and vote on this item) MOTION by Councilor Rios, seconded by Councilor Honig, that the Ordinance - First Reading - Relating to Signage; Amending Section 30-522(b)(10) of the Code of Ordinance of the City of Marco Island, to Allow Signs in the Public Right-of-Way in all Zoning Districts; Revising Section 30-524 of the Code of Ordinances of Marco Island; Providing that Unauthorized Signs are Subject to Removal; Providing for Inclusion in the City Code; Providing for Severability / Interpretation; and Providing for an Effective Date, be Approved. NO VOTE TAKEN. A lenghthy discussion followed, with Councilors offering comments and recommendations. No questions or comments were brought forward by the members of the public who were in attendance. AMENDED MOTION by Councilor Rios, seconded by Councilor Honig, that the Ordinance - First Reading - Relating to Signage; Amending Section 30-522(b)(10) of the Code of Ordinance of the City of Marco Island, to Allow Signs in the Public Right-of-Way in all Zoning Districts; Revising Section 30-524 of the Code of Ordinances of Marco Island; Providing that Unauthorized Signs are Subject to Removal; ALLOWING CITIZENS TO REMOVE SIGNS IN THE RIGHT-OF-WAY IN FRONT OF THEIR PROPERTY OUTSIDE OF THE ALLOWED TIMEFRAME WITHOUT UNNECESSARILY BURDENING CODE ENFORCEMENT; Providing for Inclusion in the City Code; Providing for Severability / Interpretation; and Providing for an Effective Date, be Approved. MOTION FAILED. Yes: 3- Vice-Chair Grifoni, Councilor Honig and Councilor Rios No: 4- Chair Brechnitz, Councilor Reed, Councilor Roman and Councilor Young 12. Resolutions & City Council Items (Items 12a. and 12b. were discussed and voted upon prior to Councilor Young's arrival at 8:29 P.M.) a. ID 20-779 Award of Contract No. 2020-008 for the Structural Bridge Design Services for the Replacement of the West Winterberry Drive Bridge, in the amount of $937,021.95 to TY Lin International Public Works Director Tim Pinter briefly outlined the reasons and need for the West Winterberry Drive Bridge redesign and replacement as well as the contract solicitation and selection process, and he responded to questions from the Council. No questions or comments were brought forward by the members of the public who were in attendance. City of Marco Island Florida Page 5 City Council Meeting Minutes - Final March 16, 2020 MOTION by Councilor Reed, seconded by Councilor Roman, that the City Manager be authorized to execute Contract No. 2020-008 for the Structural Bridge Design Service for the Replacement of the West Winterberry Drive Bridge to TY LIN International in the amount of $937,021.95, be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Chair Brechnitz, Vice-Chair Grifoni, Councilor Honig, Councilor Reed, Councilor Rios and Councilor Roman Not Present: 1- Councilor Young b. ID 20-773 Fire Station 50 Construction Manager at Risk Fire Chief Mike Murphy outlined the rationale for pursuing a 'construction manager at risk' construction bid for the design and execution of the Fire Station 50 project, and he requested Council approval for the City Manager to proceed in this manner. No questions or comments were brought forward by the members of the public who were in attendance. MOTION by Councilor Reed, seconded by Councilor Rios, that the City Manager be allowed to solicit, select and negotiate a contract for a Construction Manager at Risk and bring back to City Council for review and approval, be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Chair Brechnitz, Vice-Chair Grifoni, Councilor Honig, Councilor Reed, Councilor Rios and Councilor Roman Not Present: 1- Councilor Young 13. Items Removed from the Consent Agenda (Items 13a., 13b. and 13c. were discussed and voted upon prior to Councilor Young's arrival at 8:29 P.M.) Finance Director Guillermo Polanco addressed related Items 13a. and 13b. together and introduced Managing Director Jay Glover of Public Financial Management, LLC and Attorney Duane Draper of law firm Bryant Fuller Olive, P.A. to the Council. Mr. Polanco explained the costs and rationale for retaining both firms in support of the proposed bond refinancing opportunity requested in Item 13c. No questions or comments were brought forward by members of the Council or from members of the public who were in attendance. a. ID 20-769 Award of Contract #2020-017 for Financial Advisory Services with PFM Financial Advisors, LLC Related to the Issuance of Debt by Piggy-Backing of City of North Port Contract 2020-003. MOTION by Councilor Rios, seconded by Councilor Roman, that the Award of Contract #2020-017 for Financial Advisory Services with PFM Financial Advisors, LLC Related to the Issuance of Debt by Piggy-Backing of City of North Port Contract #2020-003, be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Chair Brechnitz, Vice-Chair Grifoni, Councilor Honig, Councilor Reed, Councilor Rios and Councilor Roman Not Present: 1- Councilor Young b. ID 20-770 Award of Contract #2020-018 for Bond Counsel Services with Bryant Miller Olive, P.A. (BMO) by Piggy-Backing of City of St. Petersburg Contract and City of Marco Island Florida Page 6 City Council Meeting Minutes - Final March 16, 2020 Using Existing City of Marco Island Rates MOTION by Councilor Rios, seconded by Councilor Roman, that the Award of Contract #2020-018 for Bond Counsel Service with Bryant Miller Olive, P.A. (BMO) by Piggy-Backing of City of St. Petersburg Contract and Using Existing City of Marco Island Rates, be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Chair Brechnitz, Vice-Chair Grifoni, Councilor Honig, Councilor Reed, Councilor Rios and Councilor Roman Not Present: 1- Councilor Young c. ID 20-793 A Resolution to Approve the Execution and Delivery of a Forward Fixed Rate Lock Letter Agreement with PNC Bank, National Association, Relating to the Issuance of a City of Marco Island Taxable Utility System Refunding Revenue Bond, Series 2020 to Refinance the 2013 Series Bonds; and Appointing an Escrow Agent. City Clerk Laura Litzan read the Resolution into the Record by title only. Finance Director Guillermo Polanco explained the urgency and opportunity for the City to lock in highly favorable financing rates and funding availability amid the existing national and international market turmoil, and he and Messrs. Glover and Draper addressed questions from the Council. City Manager McNees added support for Council consideration of this Resolution in light of the uncertainty surrounding the ability for the Council to meet again as a result of the rapidly-evolving COVID-19 Emergency Response guidelines for public gatherings. MOTION by Councilor Rios, seconded by Vice-Chair Grifoni, that Resolution #20-07 Authorizing the City Council Chair to Execute the Forward Fixed Rate Lock Letter and Appointing an Escrow Agent, be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Chair Brechnitz, Vice-Chair Grifoni, Councilor Honig, Councilor Reed, Councilor Rios and Councilor Roman Not Present: 1- Councilor Young 14. Council Communications & Future Agenda Council Communications: Councilor Rios, in reference to earlier discussion during the Quasi-Judicial Public Hearing portion of the meeting, commented that, in his experience, no construction work may begin in Collier County until a building permit has been issued and posted on the property in question. Councilor Reed showed photos of a local business displaying and advertising scooters for rent in the commercial right-of-way, and he commended City leadership and the business owner for working together to resolve the issue. He next showed photos of an inappropriate condition for the display of the American flag on top of Fire Station 51 when there is insufficient wind, and he asked for City Staff action to correct the condition. He concluded by indicating his intention to bring forward a white paper for discussion at a future Council meeting. Councilor Honig distributed to members of the Council and the City Manager a recent Wall Street Journal article regarding the engagement of environmentally-conscious citizens and groups, city developers and builders over actions to mitigate potential future flooding concerns in certain sections of Miami. City of Marco Island Florida Page 7 City Council Meeting Minutes - Final March 16, 2020 Councilor Roman referenced a recent email from Ms. Linda Colombo, President of the Friends of Tigertail, to all members of the Council requesting attendance and support at upcoming meetings of the Tourist Development Council and the Coastal Advisory Committee on the topic of "Tigertail Lagoon and Waters to the North". Chair Brechnitz advised that he had responded to Ms. Colombo, and in light of new guidelines regarding public gatherings as a result of the COVID-19 emergency management activities, those meetings have been postponed. Councilor Roman next provided a brief update to the Council on three, current resiliency initiatives underway in Southwest Florida. She requested consensus from her fellow Councilors to bring forward a review and discussion of the Leadership Principles and potential participation of Marco Island's City Council in the 'Leadership Circle' of the newly-formed Growing Climate Solutions - Path to Positive Southwest Florida coalition. She also requested Council consensus to support her returning to the Council with a review of a Memorandum of Understanding for the Southwest Florida Regional Resiliency Compact. Chair Brechnitz addressed a question of clarification to the City Staff regarding temporary signs in the rights-of-way, and he requested a Motion to extend the duration of the meeting. MOTION by Councilor Rios, seconded by Councilor Reed, to extend the Council Meeting to 9:45 P.M. MOTION APPROVED BY CONSENSUS VOICE VOTE. ID 19-592 Future Agenda Items Councilor Reed requested that his white paper entitled "The Intersection of the First Amendment, Public Comment and City Council Rules", be added as a Future Agenda item. Councilor Roman requested that the participation of the Council in the newly-formed "Growing Climate Solutions - Path to Positive Southwest Florida" coalition be added as a Future Agenda item. Councilor Roman requested that Council review of the 'Memorandum of Understanding' for the Southwest Florida Regional Resiliency Compact be added as a Future Agenda item. 15. Council Reports ID 20-757 Mackle Park & Winterberry Park Youth Soccer Equipment - Vice-Chair Jared Grifoni Vice-Chair Grifoni introduced discussion of the new soccer goals for Mackle and Winterberry Parks by speaking to the condition of the ten year old equipment that is posing a safety concern to players of all ages. He was supported by comments from Councilors Roman, Rios, Reed and Brechnitz. MOTION by Vice-Chair Grifoni, seconded by Councilor Reed, to commit approximately $5,000 in the FY 2021 budget for Parks and Recreation to purchase upgraded All-Weather Metal soccer goals for Mackle Park and Winterberry Park. NO VOTE TAKEN. MOTION AMENDED AS FOLLOWS: MOTION by Vice-Chair Grifoni, seconded by Councilor Reed, to identify and divert unused funds in the FY 2020 budget for Parks and Recreation to purchase high-quality, upgraded soccer goals for Mackle Park and Winterberry Park. 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 of Marco Island Florida Page 8 City Council Meeting Minutes - Final March 16, 2020 City Manager McNees reported that the State of Florida's budget for the upcoming fiscal year includes an allocation of $650,000 for the City's 'City Emergency / Continuity of Operations' Center development project on the site of the City's current Fire Station 50 facility. City Manager McNees also advised the Council that two of the City's water-related requests were not included in the Florida state budget proposal for fiscal year 2021. 17. City Attorney's Report ID 19-594 City Attorney’s Report City Attorney Alan Gabriel briefly summarized the conclusion and results of two litigation matters and one labor and employment matter outlined in the March 9, 2020 City Attorney Matter Review Memorandum. 18. Departmental Reports ID 19-593 Monthly Departmental Reports No questions were raised by the Council or the members of the public regarding the Monthly Department Reports. 19. Citizens' Comments Dr. Rich Blonna, San Marco Road, complimented City Clerk Laura Litzan on the information that she provided at his request as he prepares to run for City Council this fall, and he thanked Police Chief Frazzano, City Manager McNees, Finance Director Polanco, Stormwater Engineer Tomassetti, Water & Sewer General Manager Poteet and Water & Sewer Senior Project Manager Martin for meeting with him and addressing his queries and requests for insight. Ms. Christine Dowell, Biscayne Way, expressed disagreement with the Council's decision regarding temporary signage earlier in the meeting, and she noted that she, and other citizens, obtain timely information about upcoming activities and events from the temporary signs that are on display in the rights-of-way around the Island. Mr. Jose Rodriguez, City of Marco Island Park Attendant, submitted a question via publiccomments@cityofmarcoisland.com regarding the status of keeping the Racquet Center open given the recent direction from the Governor's office on social gatherings of ten or more people. City Manager McNees responded by sharing his current direction regarding outdoor activities like tennis and pickleball, and Chair Brechnitz noted the recent decision to suspend all spring season tennis leagues by the Collier County Tennis Association. 20. Adjournment There being no further business, the meeting adjourned at 9:38 P.M. ________________________________________ Erik Brechnitz, Council Chair ATTEST: ________________________________________ Laura Litzan, City Clerk City of Marco Island Florida Page 9 City Council Meeting Minutes - Final March 16, 2020 PREPARED BY: ________________________________________ Jim Kornas, Recording Specialist City of Marco Island Florida Page 10