City Council

City of Marco Island Florida 51 Bald Eagle Drive Marco Island, Florida cityofmarcoisland.com Meeting Minutes - Final Monday, April 6, 2020 5:30 PM Community Meeting Room City Council Chair: Erik Brechnitz Vice-Chair: Jared Grifoni City Council: Larry Honig, Howard Reed, Victor Rios and Charlette Roman City Manager: Mike McNees City Attorney: Alan L. Gabriel City Clerk: Laura Litzan City Council Meeting Minutes - Final April 6, 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 (Note: Councilor Roman attended and participated telephonically as per the Council's action at its 3/31/20 meeting to temporarily suspend the rules of in-person attendance during the COVID-19 declared State of Emergency) Also Present Michael McNees, City Manager Laura Litzan, City Clerk Casey Lucius, Assistant to the City Manager Chris Byrne, Incident Commander, COVID-19 Dave Batiato, Deputy Fire Chief Tracy Frazzano, Police Chief Guillermo Polanco, Finance Director Jose Duran, Information Technology Manager 3. Invocation Offered 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 Councilor Reed, to Approve the Agenda. 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 a. ID 19-610 Approval of the City Council Meeting Minutes of March 16, 2020 MOTION by Councilor Rios, seconded by Councilor Reed, that the Minutes of March 16, 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 b. ID 20-803 Approval of the Special-Called City Council Meeting Minutes of March 20, 2020 MOTION by Councilor Rios, seconded by Councilor Honig, that the Minutes of the Special-Called City Council Meeting of March 20, 2020 be Approved. NO VOTE TAKEN ON THIS MOTION. APPROVAL OF THE MINUTES ARE BEING DEFERRED City of Marco Island Florida Page 1 City Council Meeting Minutes - Final April 6, 2020 TO THE NEXT COUNCIL MEETING PENDING VERIFICATION BY THE CITY CLERK THAT ALL PUBLIC COMMENTS RECEIVED AT THE MARCH 20, 2020 MEETING WERE RECOGNIZED IN THE MINUTES FOR THAT MEETING. 7. Approval of Consent Agenda Chair Brechnitz requested that Item 7b. (Resolution Approving the Appointments to the Hideaway Beach District Board) be removed from the Consent Agenda. MOTION by Councilor Rios, seconded by Councilor Young, to Approve the Consent Agenda as Amended. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Chair Brechnitz, Vice-Chair Grifoni, Councilor Honig, Councilor Reed, Councilor Rios, Councilor Roman and Councilor Young Approval of Consent Agenda passes all routine items listed below. a. 18-573 Authorize the City Manager to Execute a Consultant Agreement for the Construction Engineering and Inspection Services Replacement and Improvement of Utilities within the Yellowbird Street Corridor, in the amount not to exceed $116,735 c. ID 20-799 Authorize the City Manager to Execute a Consultant Contract with Black and Veatch for the Source Water Facility Emergency Backup Power Generator and Associated Electrical Switchgear Design, Bidding, and Engineering Services During Construction in the amount of $238,631 d. ID 20-805 Resolution Approving the 2020 Collier County Multi-Jurisdictional Local Mitigation Strategy 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. No members of the public came forward in person to offer comment or suggestions to the Council during this portion of the meeting, and one email (from Mr. Tom Graves ) was received and read aloud by City Manager McNees. 10. Quasi-Judicial Public Hearing None. 11. Ordinances A. Public Hearings ID 20-802 Ordinance - Second 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. City of Marco Island Florida Page 2 City Council Meeting Minutes - Final April 6, 2020 No questions or comments were brought forward by the Council or by members of the public. MOTION by Councilor Rios, seconded by Vice-Chair Grifoni, that the Ordinance - Second Reading - Amending the Code of Ordinances to Provide for Staggered Terms for the Hideaway Beach District Board 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 B. First Readings None. 12. Resolutions & City Council Items None. 13. Items Removed from the Consent Agenda (7b.) ID 20-800 Resolution Approving the Appointments to the Hideaway Beach District Board Chair Brechnitz noted that the proposed resolution failed to specify the terms for the individuals appointed to the Hideaway Beach District Board. In consultation with the current and most recent past Chairpeople for that Board, he proposed modifying language to clarify this oversight. MOTION by Councilor Rios, seconded by Vice-Chair Grifoni, that the Resolution Approving the Appointments for the Hideaway Beach District Board be Amended to read: "... that Steven Zinkan and Paul Fernstrum will serve two year terms, and John Barto, Richard Delawder and Linda Ryan willl serve three year terms ...", 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 14. Council Communications & Future Agenda Council Communications: Councilor Honig opened by urging all who have been affected by layoffs or job losses as a result of the coronavirus pandemic to apply for unemployment insurance benefits. He then complimented City Manager McNees for his efforts in responding to recent individual citizen questions and concerns, and he praised Council Chair Brechnitz and City Finance Director Polanco for their exceptional effort and success in procuring the refinancing of $60 million of the City's water / sewer debt at highly favorable rates which will result in approximately $6 million in savings to the citizens of Marco Island over the life of the loan. He noted the opportunity for the Council to consider future water / sewer ratepayer relief as the City's debt service obligation is mitigated in future years, and he indicated his intention to bring forward a discussion with the Council on this topic at a future Council meeting. Councilor Honig concluded his remarks by providing updated statistics on the structure and leadership of the 412 cities and municipalities in the State of Florida, and by pointing out that only 3 Florida cities (notably including Marco Island) do not have an elected or designated mayor. From his experience as City Council Chair during the post Hurricane Irma emergency period, he believes that the City is being disadvantaged in terms of representation and influence in state and Federal government matters of various kinds by not having an elected mayor. City of Marco Island Florida Page 3 City Council Meeting Minutes - Final April 6, 2020 Councilor Rios, as Marco Island's representative on the Collier County Tourist Development Council, shared information indicating that the reduction in sales tax revenues at the County level resulting from the COVID-19 outbreak are likely to significantly impact the amount of money that the City can expect in the coming year for planned municipal projects and hurricane season emergency response activities. He recommended that the City Manager review existing and planned projects for opportunities to reduce or eliminate expenditures. Councilor Rios next referenced news media reports indicating examples of municipal sewer system damage from citizens utilizing paper towels and other alternatives to toilet paper, and he asked City Manager McNees if incidents of this nature have been observed on Marco Island. Mr. McNees referenced a recent conversation on this topic with Water & Sewer General Manager Jeff Poteet, and he reported that no incidents or damages have been experienced to date. Vice-Chair Grifoni commended Councilor Rios for his warning to the Council regarding future sales tax revenues, and he noted that the citizens of the Island will be looking to the Council to respond responsibly during the next budget development cycle. He next cited reports of developing state and federal plans to fund valuable infrastructure projects to help re-start the economy, and he urged City Staff to be fully prepared to take advantage of any such infrastructure funding opportunites. Vice-Chair Grifoni concluded by complimenting the citizens and business leaders of the Island for their overwhelming support and cooperation in complying with the emergency actions and guidelines issued during this COVID-19 emergency, and he invited members of the public to seek out accurate information and reports on the City's COVID-19 emergency response by regularly consulting the City's website or by reaching out to the City Manager or a member of the Council. Chair Brechnitz echoed Vice-Chair Grifoni's expectation regarding Federal and state-funded infrastructure spending project opportunities that are likely to emerge once the COVID-19 emergency measures are lifted, and he urged the City Staff to be fully prepared to take advantage of these opportunities as soon as they become available. Chair Brechnitz also noted the condition of certain roadways on the Island that are exhibiting dips and waviness soon after being resurfaced, and he requested that City Manager McNees investigate and bring before the Council an analysis and estimate for compaction testing and enhanced roadway underlayment improvements on future road surface repair / replacement projects. Chair Brechnitz concluded his remarks by supporting the comments by Councilor Honig on the subject of amending the City Charter to allow for the election of a mayor for the City. The other Councilors in attendance did not offer comment during this portion of the meeting. ID 19-611 Future Agenda Items Councilor Honig reconfirmed his desire to bring forward a discussion regarding water / sewer rate payer relief as a future agenda topic for the Council. Vice-Chair Grifoni requested that a discussion and decision to amend the Charter to allow for Councilor participation via telephone and the modification of the requirements to recognize a quorum during periods of City-wide emergency be placed onto a future agenda. Chair Brechnitz requested that the City Staff bring forward a proposal for compaction testing and enhanced roadway repair standards as a future agenda topic for Council discussion and decision. 15. Council Reports None. 16. City Manager's Report COVID-19 Update City Manager McNees introduced Ms. Stephanie Vick, Administrator of the Florida City of Marco Island Florida Page 4 City Council Meeting Minutes - Final April 6, 2020 Department of Health for Collier County, who provided, via telephone, a status on the County's fight against the COVID-19 pandemic. Ms. Vick also received and responded to questions from the Council. ID 20-808 Discussion on Public Beach Closure City Manager McNees initiated the discussion on this topic by referencing the Council's direction from the special March 31, 2020 meeting requesting additional data related to incoming traffic, visitors and compliance with the Governor's Executive Orders by individuals and businesses on the Island. He then turned the meeting over to Police Chief Tracy Frazzano who provided the Council with updated information on these items as well as the Department's ongoing efforts to educate businesses and members of the public on the guidelines and directives designed to combat the pandemic. Though Chief Frazzano noted the excellent compliance with the guidelines and directives from all parties, she specifically recognized the potential for social media posts to propagate misinformation and rumors. Chief Frazzano encouraged all members of the public to reach out to the Marco Island Police Department anytime day or night to respond to questions or concerns before contributing to the spread of misinformation by publically posting or passing along unverified comments and observations online. Chief Frazzano, City Attorney Gabriel and City Manager McNees subsequently responded to questions raised by members of the Council. MOTION by Councilor Honig, seconded by Vice-Chair Grifoni, to request that the City Manager share the recent Riviera Condominium Association guidelines for its owners and residents with the Board Presidents and Condominium Managers of all of the beach condominiums on Marco Island for their consideration and voluntary implementation, 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 Public Comments: In-person public comments were offered by Ms. Linda Oakman, Dan River Ct, and Mr. Andrew Kirlin, Marco Island resident. Emailed Public Comments were received from the following individuals and read at the meeting by City Manager McNees: (Listed alphabetically by first name, if known) Mr. Alan Myers Mr. Andrew Lyng Ms. Anne Vanic Ms. Bill Tilton Ms. Christine Quinlan Ms. Claudia Phoenix Dr. Cristina Leske Ms. Dania Emir Mr. Daniel Bogaczyk Ms. Debbie Waidanz Ms. Denise Templeton Mr. Dick Larson City of Marco Island Florida Page 5 City Council Meeting Minutes - Final April 6, 2020 Ms. Donna Gemborys Ms. Doshie Grey Mr. Frank Tedesco Mr. / Ms. G.A. Comerford Mr. Glenn Walton Mr. Greg Folley Ms. Haley Templeton Mr. James Kimberlin Ms. Jerilyn Mapes Mr. Joe Grusling Ms. Judy Houston Ms. Judy Weill Ms. Kathy Bassick Ms. Kathy McAdam Mr. / Ms. LG (first name unknown) Ms. Lana Wahl Mr. / Mrs. Leonard Kuhr Ms. Linda Ferguson Ms. Linda Goodspeed Ms. Lori Hausfeld Ms. Margaret Basic Ms. Margo Folley Ms. Maria Savettiere Ms. Marianne Mulligan Mr. / Mrs. Mark Geis Ms. Mary Ann Reinert Ms. Melissa Wagner Ms. Michelle Hurtley Mr. Mike Tschida Ms. Nancy Thibeault Ms. Patricia Fajardo Mr. Paul Goodspeed Mr. Phares Heindl Mr. Ray Jean Dr. Rich Blonna Mr. Robert Eastman Mr. Ronald Saffin Mr. / Mrs. Scott Hill Mr. Steve Garske Mr. Tom Graves Mr. Travis Conkey Mr. Victor Miller Ms. Victoria Myers Mr. Webb Bassick MOTION by Councilor Rios that the beach on Marco Island be open to any individual(s) with property that provides legal access to the beach, including those with an up-to-date M.I.C.A. Resident Beach access pass. NO SECOND TO THIS MOTION. MOTION by Councilor Honig to Approve the City of Marco Island Proposed Emergency Order April 6, 2020 as drafted. NO SECOND TO THIS MOTION. MOTION by Councilor Reed, seconded by Chair Brechnitz, to request that the City Manager return to the next City Council meeting with a City of Marco Island Florida Page 6 City Council Meeting Minutes - Final April 6, 2020 practical plan to expand beach access consistent with CDC guidelines for social distancing. MOTION WITHDRAWN. City Manager McNees reminded the Council that the current situation relative to the beach closure resulted from incremental actions and orders designed to initially discourage outside visitors from congregating on and crowding the beaches during the typical high-tourist season. The recent traffic, hotel occupancy and social distancing compliance reports from the Marco Island Police Department indicate that those policy actions have succeeded in their intent. Given that the beach is not, in itself, a contributor to the spread of the COVID-19 virus, he recommended that the Council consider taking action at this meeting to provide for some level of pedestrian access to the beach after Easter Sunday with limited hours and continued enforcement of social distancing guidelines. MOTION by Councilor Reed, seconded by Councilor Rios, to authorize the City Manager and Staff to open two pedestrian access points to the beach - one for beach ingress and one for beach egress - beginning April 13, 2020 with signage at both points to clearly indicate: 1) one-way directional pedestrian flow; 2) open from dawn to dusk, and; 3) discouraging beachgoer gear, be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 4- Chair Brechnitz, Vice-Chair Grifoni, Councilor Reed and Councilor Rios No: 3- Councilor Honig, Councilor Roman and Councilor Young (Editorial Note: On April 8, 2020, City Manager McNees, under the authority granted by the Marco Island City Council in declaring a State of Emergency on March 16, 2020, and under Section 10-6 of the City's Civil Emergency Code, in consultation with City Council Chairman Erik Brechnitz, announced that the public pedestrian beach access points at Maple and Collier Boulevard and Winterberry Drive and Collier Boulevard would not reopen on April 13, and would remain closed through at least April 30, 2020 pending further City Council action) 17. City Attorney's Report None. 18. Departmental Reports ID 19-612 Monthly Departmental Reports No questions or comments were raised by members of the Council or the public on the monthly department reports. 19. Citizens' Comments Mr. Andrew Kirlin, Marco Island resident, and Ms. Linda Oakman, Dan River Ct. offered brief comments. Additional emailed public comments were received from the following individuals and read by City Manager McNees: (Listed alphabetically by first name) City of Marco Island Florida Page 7 City Council Meeting Minutes - Final April 6, 2020 Mr. Jim Scarpa Ms. Joanna Metzger Ms. Margaret Basic Ms. Marilyn Dahl Ms. Nancy Thibeault Mr. Tom Graves 20. Adjournment There being no further business, the meeting adjourned at 8:46 P.M. ________________________________________ Erik Brechnitz, Council Chair ATTEST: ________________________________________ Laura Litzan, City Clerk PREPARED BY: ________________________________________ Jim Kornas, Recording Specialist City of Marco Island Florida Page 8