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City Council

Regular Meeting

Marco Island, FL · July 20, 2020

AgendaMinutes

Minutes

City of Marco Island Florida 51 Bald Eagle Drive Marco Island, Florida cityofmarcoisland.com Meeting Minutes - Final Monday, July 20, 2020 5:30 PM Community Meeting Room City Council Chair: Erik Brechnitz Vice-Chair: Jared Grifoni City Council: Larry Honig, Howard Reed, Victor Rios, Charlette Roman, Gregory Folley City Manager: Mike McNees City Attorney: Alan L. Gabriel City Clerk: Laura Litzan City Council Meeting Minutes - Final July 20, 2020 1. Call to Order Chair Brechnitz called the meeting to order at 5:30 P.M. 2. Roll Call Present: 6- Chair Brechnitz, Councilor Folley, Vice-Chair Grifoni, Councilor Honig, Councilor Reed and Councilor Rios (Note: Councilor Roman participated via teleconference and experienced intermittent connection issues resulting in the inability to capture her input and vote on the early agenda topics addressed in the course of the meeting) Also Present Michael McNees, City Manager Casey Lucius, Assistant to the City Manager Laura Litzan, City Clerk Alan L. Gabriel, City Attorney Chris Byrne, Project Manager / Incident Commander Tracy Frazzano, Police Chief Dave Baer, Police Captain Mike Murphy, Fire Chief Dave Batiato, Deputy Fire Chief Guillermo Polanco, Finance Director Daniel J. Smith, Community Affairs Director Kelli DeFedericis, Flood Plain Coordinator Jason Smalley, Planner II Lina Upham, Purchasing & Risk Manager Tim Pinter, Public Works Director Jeff Poteet, Water & Sewer General Manager Justin Martin, Water & Sewer Senior Project Manager Jose Duran, Information Technology Manager Jim Kornas, Recording Specialist Citizens and Visitors 3. Invocation Offered by Pastor Bill Fisackerly of the United Methodist 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 VOICE VOTE: Yes: 6- Chair Brechnitz, Councilor Folley, Vice-Chair Grifoni, Councilor Honig, Councilor Reed and Councilor Rios 6. Approval of the Minutes a. ID 20-924 Approval of the Capital Budget Workshop Minutes of June 8, 2020 City of Marco Island Florida Page 1 City Council Meeting Minutes - Final July 20, 2020 MOTION by Councilor Rios, seconded by Vice-Chair Grifoni, that the Minutes of the Capital Budget Workshop of June 8, 2020 be Approved. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: Yes: 6- Chair Brechnitz, Councilor Folley, Vice-Chair Grifoni, Councilor Honig, Councilor Reed and Councilor Rios b. ID 20-898 Approval of the Operating Budget Workshop Minutes of June 15, 2020 MOTION by Councilor Rios, seconded by Councilor Honig, that the Minutes of the Operating Budget Workshop of June 15, 2020 be Approved. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: Yes: 6- Chair Brechnitz, Councilor Folley, Vice-Chair Grifoni, Councilor Honig, Councilor Reed and Councilor Rios c. ID 19-631 Approval of the City Council Meeting Minutes of June 15, 2020 MOTION by Councilor Rios, seconded by Vice-Chair Grifoni, that the City Council Meeting Minutes of June 15, 2020 be Approved. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: Yes: 6- Chair Brechnitz, Councilor Folley, Vice-Chair Grifoni, Councilor Honig, Councilor Reed and Councilor Rios 7. Approval of Consent Agenda Councilor Reed requested that Item 7c. (Award of Contract for the 2020 Annual Street Resurfacing Project to the Lowest Responsible Bidder, Preferred Materials, Inc., in the Amount of $428,480.78) and Item 7f. (Resolution for Variance Petition Request (VP-20-000132) to Section 30-524, Temporary Signs for the Publix Plaza located at 1821 San Marco Road, 167 Barfield Drive, and 175 S. Barfield Drive, Marco Island, FL 34145) be removed from the Consent Agenda. As a result, Items 7c. & 7f. are now reflected in these Minutes under Topic# 13: Items Removed From The Consent Agenda. MOTION by Councilor Rios, seconded by Councilor Folley, that the Amended Consent Agenda be Approved. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: Yes: 6- Chair Brechnitz, Councilor Folley, Vice-Chair Grifoni, Councilor Honig, Councilor Reed and Councilor Rios [Approval of the Consent Agenda passed the routine items listed below.] a. ID 20-869 Approving the Purchase Order for USSI, LLC in an amount not to exceed $154,342.10 for the Smoke Testing of the City’s Wastewater Collection System by Piggy-Backing on Toho Water Authority Contract IFB-20-076 b. ID 20-892 Approving the Purchase Order for American Engineering Consultants of Marco Island, Inc. for the Analysis and Design of the South Barfield Drive Drainage Improvement Project, in an amount not to exceed $115,000.00 d. ID 20-931 Authorize the City Manager to Execute a Consultant Contract with Consor Engineers, LLC d/b/a TKW Consulting Engineers for the Reclaimed Water Production Facility (“RWPF”) Membrane Bioreactor (“MBR”) Windstorm City of Marco Island Florida Page 2 City Council Meeting Minutes - Final July 20, 2020 Fortification Retrofit Design, Bidding, and Engineering Services During Construction in the amount not to exceed $243,577 e. ID 20-890 Resolution for Site Development Plan (SDP-20-000086) Coast Guard Auxiliary Building to Construct a New Single-Story on Property Located at 909 Collier Court, Marco Island, FL 34145 g. ID 20-894 Resolution Approving the State of Florida Department of Emergency Management Grant Agreement for Hazard Mitigation Grant Project 4337-380-R, City Hall Wind Retrofit and Flood Barrier; Authorizing the City Manager to Execute the Grant Agreement h. ID 20-911 Resolution Approving the State of Florida Department of Emergency Management Sub-Recipient Grant Agreement for COVID-19 Pandemic DR-4486 (FL) FEMA Public Assistance; Authorizing the City Manager to Execute the Grant Agreement i. ID 20-886 Resolution Approving Convenience Fee Rates 8. Proclamations and Presentations a. ID 20-934 Proclamation Honoring Retiring Fire Chief Mike Murphy for his Service to the City of Marco Island Chair Brechnitz, the City Council, members of the Marco Island Fire Department and City Staff, and members of the public honored Fire Chief Mike Murphy for his career spanning more than 50 years of public service in fire rescue on the occasion of his impending retirement from the Marco Island Fire Department by proclaiming Friday, July 31, 2020 as 'Chief Michael D. Murphy Day' for the City of Marco Island. b. ID 20-918 Update on Marco Island Loop Trail Feasibility Study - Anne McLaughlin, Collier MPO Ms. Victoria Peters, Community Liaison with the Florida Department of Transportation, presented a status report on the Loop Trail Feasibility Study currently underway by the Metropolitan Planning Organization (MPO). Supported by Ms. Anne McLaughlin, MPO's Executive Director, the presentation outlined the two, distinct projects that address pathways on State Road 951 from US 41 to the Judge SS Jolly Bridge, and on County Road 92 from US 41 to Goodland Road. Mr. Al Musico, Chair of the City's Bike Paths Volunteer Committee, thanked Ms. McLaughlin and Ms. Peters for their many years of support for the benefit of the citizens of Marco Island, and he enthusiastically supported and endorsed the direction outlined in their presentation. 9. Citizens' Comments on Agenda Items Not Scheduled for Public Hearing and Items Other Than Those Appearing on the Agenda. Mr. Mike Hogan, Amber Drive, complimented the Council and the City Staff for the year-long effort by members of the Public Works Department to address and alleviate excessive storm water retention around his home and neighborhood. Citing the leaders of the Public Works team, he expressed sincere appreciation for the consistent dedication, friendliness and professionalism which he observed during the course of the effort. City of Marco Island Florida Page 3 City Council Meeting Minutes - Final July 20, 2020 Messrs. David Neville and Richard Marsico, Caxambas Drive, outlined issues and difficulties that they experienced over four years in their effort to complete the build of their home on Marco Island. Citing deficiencies in the City inspection process and their perceived incompetence of inspection personnel, Messrs. Neville and Marsico requested that the Council support the efforts of the City's Chief Building Official to identify and hire qualified inspection personnel and to solicit greater involvement from Collier County. City Manager McNees confirmed that ongoing engagement and dialogue with the County is in process. 10. Quasi-Judicial Public Hearing (Note: Councilor Roman's telephonic connection issues were resolved and she was able to communicate her input and vote for the remainder of the meeting) a. ID 20-921 Bid Protest: ITB 2020-001 - Purchase of Sixty (60) Portable Generators City Attorney Alan Gabriel swore in all parties who indicated an intention to provide witness or testimony, and each Council member conveyed a verbal ex parte disclosure related to the Petitioner's Appeal. Mr. Gabriel also briefly described the procedural actions undertaken by the City to review and consider the Petitioner's Appeal prior to the matter coming before the Council, and he outlined the Council's role and responsibility in its hearing of the Appeal. (Editorial note: Councilor Roman, at the conclusion of the proceedings, once again reiterated her ex parte declaration to ensure that it was noted in the record) Purchasing & Risk Manager Lina Upham next outlined the process undertaken to solicit and secure bids for the equipment in question, and she was assisted by Water & Sewer Senior Project Manager Justin Martin in addressing clarifying questions raised by members of the Council. Attorney Michael Stearns of Stearns Roberts & Guttentag LLC, as representative for Petitioner Evergreen Specialties Services, provided background on the basis for the Petitioner's Appeal, and argued that the selected provider's equipment specifications were deficient in meeting the City's stated requirements in sixteen specific areas. During the course of his presentation and testimony, Mr. Stearns received and addressed questions from members of the Council. Mr. Larry Davis, President of L.J. Power, Inc., the provider originally selected by the City, also provided testimony before the Council, reiterating his company's commitment to meeting all of the City's requirements and addressing certain specifications that were called into question in the Petitioner's complaint. At the conclusion of the testimony from all parties, City Attorney Gabriel read from the City's ordinance outlining the actions available to the Council in adjudicating and rendering a decision on this matter. MOTION by Councilor Reed, seconded by Councilor Rios, to Uphold the City’s Dispute Committee Recommendation to Deny the Protest (ITB 2020-01) by Evergreen Specialty Services, and to Direct the City Staff to Prepare the Contract to Purchase with L.J. Power, Inc., and to Charge Against the Bond Posted by the Petitioner the Legal Costs Incurred by the City for the Petitioner’s Protest. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Chair Brechnitz, Councilor Folley, Vice-Chair Grifoni, Councilor Honig, Councilor Reed, Councilor Rios and Councilor Roman b. ID 20-888 Resolution for Coastal Construction Setback Line Variance Petition (CCCL-20-000117) for a property located at 594 Spinnaker Drive, Marco Island, FL 34145 City Clerk Laura Litzan read Resolution 20-16 into the record by title only, and City Attorney Alan Gabriel swore in all parties who indicated an intention to provide witness or testimony. Each Council member City of Marco Island Florida Page 4 City Council Meeting Minutes - Final July 20, 2020 conveyed a verbal ex parte disclosure (with the exception of Councilor Roman who could not be heard telephonically during this portion of the meeting). Growth Management Department Planner II Jason Smalley initiated the review by providing the Council with relevant background regarding the variance petition and, along with Mr. Brett Moore, President / Principal Engineer with Humiston & Moore Engineers, responded to questions raised by the Council. MOTION by Councilor Rios, seconded by Vice-Chair Grifoni, that the Resolution - Coastal Construction Setback Line Variance Petition (CCCL-20-000117) for a Property Located at 594 Spinaker Drive, Marco Island, FL 34145, be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Chair Brechnitz, Councilor Folley, Vice-Chair Grifoni, Councilor Honig, Councilor Reed and Councilor Rios No: 1- Councilor Roman 11. Ordinances A. Public Hearings None. B. First Readings ID 20-872 Ordinance - First Reading - Amending Year-Round Irrigation Conservation Measures City Clerk Laura Litzan read the Ordinance into the record by title only. Jeff Poteet, Sewer & Water General Manager, outlined the water and conservation responsibilities of the City in complying with the conservation requirements mandated by the South Florida Water Management District. The proposed Ordinance corrects and realigns differences between the City's current Ordinance and what the District mandates, and provides additional direction regarding allowable watering schedules for new plantings on the Island. No members of the public came forward to comment or emailed when offered by Chair Brechnitz. MOTION by Councilor Rios, seconded by Vice-Chair Grifoni, that the Ordinance - First Reading - Amending the Year-Round Irrigation Conservation Measures, be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Chair Brechnitz, Councilor Folley, Vice-Chair Grifoni, Councilor Honig, Councilor Reed, Councilor Rios and Councilor Roman (THE MEETING WENT INTO RECESS AT 7:28 P.M. IT IS NOTED FOR THE RECORD THAT ALL COUNCILORS WERE PRESENT WHEN THE MEETING RECONVENED AT 7:40 P.M.) City of Marco Island Florida Page 5 City Council Meeting Minutes - Final July 20, 2020 12. Resolutions & City Council Items a. ID 20-922 Resolution Approving the Proposed Millage Rate for Fiscal Year 2021 City Finance Director Guillermo Polanco read Resolution 20-22 into the record by title only, and then proceeded to provide public notice of the proposed millage rates for Marco Island and the Hideaway Beach Tax District. He further communicated the tentative dates for public hearings on the budget as Wednesday, September 9, 2020 and Monday, September 29, 2020 at 5:30 p.m. in the Marco Island Community Meeting Room at 51 Bald Eagle Drive, Marco Island, Florida 34145. Councilor Honig followed Finance Director Polanco's public notice with the display of a one-page graph comparing actual and projected year-over-year changes in: 1) the City's budget, and; 2) the City's actual expenditures for fiscal years 2011 through 2021 (projected). Concluding that no correlation existed between the two, he encouraged the Council and City Staff to focus on year-over-year changes in requested expenditures (rather than budget-to-budget comparisons) in evaluating future department spending requests. Councilors Folley, Grifoni and Brechnitz also offered comments and observations relative to the City's most recent ten-year millage history as well as the continued need to prudently manage spending on behalf of the citizens of Marco Island. No public comment was received. MOTION by Councilor Rios, seconded by Vice-Chair Grifoni, to Adopt Resolution 20-22 Approving the Following Proposed Fiscal Year 2021 Millage Rates: the General Operations Millage Rate of 1.7610 and the Hideaway Beach District Operations Millage Rate of 1.000. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Chair Brechnitz, Councilor Folley, Vice-Chair Grifoni, Councilor Honig, Councilor Reed, Councilor Rios and Councilor Roman b. ID 20-919 Resolution Allowing City Council and Appointed Boards and Committees to Appear Using Communications Media Technology at Public Meetings City Clerk Laura Litzan read Resolution 20-21 into the record by title only. Recognizing that the City Council and the City's appointed Board and Committee members are currently operating under the Governor's Emergency Order allowing member participation via electronic means, the Council discussed perspectives, alternative points of view and potential revisions to this Resolution that could go into effect after the State of Emergency is rescinded. It was confirmed that this Resolution is not intended to modify Section 3.06 - Meetings and Procedures of the City Charter relative to the directive that a physical presence of a majority of the Councilors be required to establish a quorum. MOTION by Councilor Rios, that Resolution 20-21 be Amended to Include Language Allowing the City Council to Decide to Continue to Allow City Council Members and City-appointed Board and Committee Members to Appear at Public Meetings Using Electronic Communications Media Technology or to Revert Back to a Physical Attendance Requirement at Said Meetings at the Conclusion of the Current State of Emergency. MOTION FAILED FOR LACK OF A SECOND. Continued Council comment regarding the guidelines and "mechanics" of consistently implementing Resolution 20-21 across all of the City's Committees and Boards was remanded to the City Staff for further consideration and action. Public Comment: City of Marco Island Florida Page 6 City Council Meeting Minutes - Final July 20, 2020 Dr. Rich Blonna, San Marco Road, observed that the technology and staffing to manage the receipt of remote public input across all of the meeting bodies of the City may pose a significant challenge for the City's Information Technology Team to manage. MOTION by Councilor Rios, seconded by Councilor Folley, that Resolution 20-21 Allowing City Council and Appointed Boards and Committees to Appear at Public Meetings Using Electronic Communications Media Technology, be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Chair Brechnitz, Councilor Folley, Vice-Chair Grifoni, Councilor Honig, Councilor Reed, Councilor Rios and Councilor Roman c. ID 20-900 Yellowbird Roadway Project Suggested Traffic Calming Improvements Public Works Director Timothy Pinter introduced this proposed addition to the already-approved Yellowbird Roadway and Utility Project. Originating from discussions between former interim City Manager David Harden and representatives from the Blue Zones Project and Sharecare organizations of Southwest Florida, it was proposed that Yellowbird Road might be an ideal candidate for certain roadway modifications and appearance enhancements to 'calm' traffic activity on that roadway. After considerable Council input, discussion and debate, Chair Brechnitz opened the floor for public comment. Dr. Rich Blonna, San Marco Road, observed that corresponding traffic management concerns also exist for residents on 6th Avenue and Bluebird Road, and he suggested that the application of a mini traffic circle on Yellowbird Road could help mitigate the issues on 6th Avenue and Bluebird Road as well. MOTION by Councilor Honig, seconded by Councilor Roman, that the City be Authorized to Proceed with the Yellowbird Roadway Project Traffic Calming Improvements and to Prepare a Change Order to the Existing Contract in the Amount of $141,046.00. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Chair Brechnitz, Councilor Folley, Vice-Chair Grifoni, Councilor Honig, Councilor Reed and Councilor Roman No: 1- Councilor Rios d. ID 20-932 Discussion - City of Marco Island Flood Map Revision Timeline City of Marco Island Flood Plain Coordinator Kelli DeFedericis presented a timeline and overview of the work being done by the City to provide the Federal Emergency Management Agency (FEMA) with additional information to improve the accuracy of its preliminary assessment of revised base flood elevations for Marco Island. Public Comment: Mr. Jason Bailey, Dogwood Court, expressed strong support for the City's effort to work with and inform FEMA with additional data, and he encouraged the Council to continue supporting City Staff in this endeavor. Recognizing the impact and importance of FEMA's base flood elevation maps on both residents and businesses alike, the Council endorsed the actions of the City Staff in addressing the areas of concern raised by FEMA's preliminary base flood elevation maps, and it encouraged the Staff to continue its current course of action. e. ID 20-933 Authorize the Purchase of a New 2020 Contender 32ST, a thirty-two foot City of Marco Island Florida Page 7 City Council Meeting Minutes - Final July 20, 2020 Fiberglass Mono-hull Vessel with two Mercury Verados 400 H.P. Outboards, for the Marco Island Police Department with the approved FY20 Capital Improvement Budget, in an amount not to exceed $255,000.00 Police Chief Frazzano outlined the mission of the department's Marine Emergency Response Team in meeting the emergency response and support needs of the residents and guests of the Island. Noting the age, maintenance expense and performance deficiencies of the existing 2004 model Donzi watercraft currently in service, Chief Frazzano laid out the case for replacing the unit with the proposed 2020 model Contender 32ST. No public comment was received. MOTION by Councilor Rios, seconded by Councilor Honig, that the City Manager be Authorized to Execute the Purchase of a Contender 32ST, a Thirty-Two Foot Fiberglass, Mono-Hull Vessel with Two Mercury Verados 400 H.P. Outboards, Equipment and Trailer in an Amount not to Exceed $255,000. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Chair Brechnitz, Councilor Folley, Vice-Chair Grifoni, Councilor Honig, Councilor Reed, Councilor Rios and Councilor Roman IN RECOGNITION OF THE TIME AND THE NUMBER OF ITEMS REMAINING ON THE AGENDA, CHAIR BRECHNITZ ENTERTAINED A MOTION TO EXTEND THE SCHEDULED DURATION OF THE MEETING. MOTION by Councilor Rios, seconded by Councilor Reed that the City Council Session be Extended to Conclude No Later Than 10:00 P.M. MOTION CARRIED BY UNANIMOUS VOICE VOTE. 13. Items Removed from the Consent Agenda 7c. ID 20-896 Award of Contract for the 2020 Annual Street Resurfacing Project to the Lowest Responsible Bidder, Preferred Materials, Inc., in the amount of $428,480.78 At the request of Councilor Reed, Public Works Director Timothy Pinter briefly described the City's plans to fully utilize its street resurfacing funds during the current fiscal year. MOTION by Councilor Reed, seconded by Councilor Rios, that the City Manager be Authorized to Award the Contract for the 2020 Annual Street Resurfacing Project to the Lowest Responsible Bidder, Preferred Materials, Inc., in the Amount of $428,480.78. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Chair Brechnitz, Councilor Folley, Vice-Chair Grifoni, Councilor Honig, Councilor Reed, Councilor Rios and Councilor Roman 7f. ID 20-889 Resolution for Variance Petition Request (VP-20-000132) to Section 30-524, Temporary Signs for the Publix Plaza located at 1821 San Marco Road, 167 S. Barfield Drive, and 175 S. Barfield Drive, Marco Island, FL City of Marco Island Florida Page 8 City Council Meeting Minutes - Final July 20, 2020 34145 City Clerk Laura Litzan read Resolution 20-17 into the record by title only. Councilor Reed, while fully supporting the proposed Resolution, pointed out that, in addition to the Variance approval, there remains other elements of the City's sign ordinance which must be adhered to by the Petitioner. Councilor Reed presented photo examples of a representative instance, and he requested that all parties be mindful of this requirement. No public comment was received. MOTION by Councilor Reed, seconded by Councilor Folley, that the Resolution #20-17 - Variance Petition Request (VP-20-000132) to Section 30-524, Temporary Signs for the Publix Plaza Located at 1821 San Marco Road, 167 S. Barfield Drive, and 175 S. Barfield Drive, Marco Island, FL 34145, be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Chair Brechnitz, Councilor Folley, Vice-Chair Grifoni, Councilor Honig, Councilor Reed, Councilor Rios and Councilor Roman 14. Council Communications & Future Agenda Councilor Honig requested the endorsement of his fellow Councilors to represent the City of Marco Island at the upcoming August 14, 2020 Florida League of Cities Annual Meeting. Chair Brechnitz entertained a Motion to that effect. (Note: The meeting is expected to be conducted remotely via electronic media) MOTION by Councilor Rios, seconded by Councilor Folley, that Councilor Honig be designated as Marco Island's representative to the Florida League of Cities Annual Meeting on August 14, 2020. MOTION CARRIED BY UNANIMOUS VOICE VOTE. Councilor Rios reported his receipt of more than a half a dozen phone calls within the most recent week from concerned citizens alerting him of a recreational vehicle being parked at the base of the Judge SS Jolly Bridge for an extended period and depositing a significant amount trash at that location. Later, during the City Manager's report, Councilor Roman noted that the Growth Management Environmental Report for May, 2020 indicated that measures of total nitrogen at all testing stations once again exceeded the designated standard. She requested that the City Manager bring forward an update to the Council during a future 'City Manager Report' on the action steps being undertaken to improve the Island's storm water quality. No other Councilors contributed information or comment during this portion of the meeting. ID 19-632 Future Agenda Items No new Future Agenda items were proposed by members of the Council. 15. Council Reports None. 16. City Manager's Report City of Marco Island Florida Page 9 City Council Meeting Minutes - Final July 20, 2020 a. Marco Island Police Department - Employee Survey Closeout Referencing his perception that the Employee Climate Survey of the Marco Island Police Department that was undertaken during 2016 remained 'open', City Manager McNees brought closure to this initiative by outlining the actions undertaken by the City in response to the three, key employee concern areas identified by the Survey: 1) Compensation; 2) Leadership & Command, and; 3) Culture. Led by Councilor Rios and Chair Brechnitz, the Council reaffirmed its support of the Department, and voiced its appreciation for the dedication and professionalism of its officers, support staff and leaders. b. Brief Discussion on Impacts of Regional Beach Closures City Manager McNees advised the Council of his discussions with the City Attorney to identify potential legislative agenda items and other actions that might be pursued to help the City better manage the effects of regional beach closures. No specific items or actions were, however, presented or discussed at this meeting. 17. City Attorney's Report ID 19-633 City Attorney’s Report Noting that the Council had before it his updated report, City Attorney Alan Gabriel highlighted no specific items that required the Council's attention. 18. Departmental Reports ID 19-634 Monthly Departmental Reports No questions were raised by members of the Council on the monthly Departmental Reports. 19. Citizens' Comments No citizens came forward to comment at Chair Brechnitz's invitation. 20. Adjournment There being no further business, the meeting adjourned at 9:44 P.M. ________________________________________ Erik Brechnitz, Council Chair ATTEST: ________________________________________ Laura Litzan, City Clerk PREPARED BY: ________________________________________ Jim Kornas, Recording Specialist City of Marco Island Florida Page 10 City Council Meeting Minutes - Final July 20, 2020 City of Marco Island Florida Page 11

Agenda

51 Bald Eagle Drive City of Marco Island Florida Marco Island, Florida cityofmarcoisland.com Meeting Agenda - Final City Council Chair: Erik Brechnitz Vice-Chair: Jared Grifoni City Council: Larry Honig, Howard Reed, Victor Rios, Charlette Roman and Gregory Folley City Manager: Mike McNees City Attorney: Alan L. Gabriel City Clerk: Laura Litzan Monday, July 20, 2020 5:30 PM Community Meeting Room In accordance with CDC social distancing guidelines, seating at public meetings is limited. The City encourages those who wish to observe the meeting to do so through the broadcast on cable TV or the City website (www.cityofmarcoisland.com). If you choose to attend the meeting in person, you are required to maintain social distancing. All persons entering the building will receive a health screening consisting of a temperature check and COVID-19 related questions. 1. Call to Order 2. Roll Call 3. Invocation - Pastor Bill Fisackerly of the United Methodist Church 4. Pledge of Allegiance 5. Approval of the Agenda 6. Approval of the Minutes a. ID 20-924 Approval of the Capital Budget Workshop Minutes of June 8, 2020 Attachments: Meeting Minutes for June 8, 2020, Capital Budget Workshop b. ID 20-898 Approval of the Operating Budget Workshop Minutes of June 15, 2020 Attachments: Meeting Minutes for June 15, 2020, Operating Budget Workshop City of Marco Island Florida Page 1 Printed on 7/14/2020 City Council Meeting Agenda - Final July 20, 2020 c. ID 19-631 Approval of the City Council Meeting Minutes of June 15, 2020 Attachments: Meeting Minutes for June 15, 2020, Regular Meeting 7. Approval of Consent Agenda [Approval of Consent Agenda passes all routine items listed below.] a. ID 20-869 Approving the Purchase Order for USSI, LLC in an amount not to exceed $154,342.10 for the Smoke Testing of the City’s Wastewater Collection System by Piggy-Backing on Toho Water Authority Contract IFB-20-076 Attachments: Toho bid pricing only City of Marco Island Smoke Testing Estimate b. ID 20-892 Approving the Purchase Order for American Engineering Consultants of Marco Island, Inc. for the Analysis and Design of the South Barfield Drive Drainage Improvement Project, in an amount not to exceed $115,000.00 Attachments: South Barfield Proposal South Barfield Grant c. ID 20-896 Award of Contract for the 2020 Annual Street Resurfacing Project to the Lowest Responsible Bidder, Preferred Materials, Inc., in the amount of $428,480.78 Attachments: 2020-021 BID TAB d. ID 20-931 Authorize the City Manager to Execute a Consultant Contract with Consor Engineers, LLC d/b/a TKW Consulting Engineers for the Reclaimed Water Production Facility (“RWPF”) Membrane Bioreactor (“MBR”) Windstorm Fortification Retrofit Design, Bidding, and Engineering Services During Construction in the amount not to exceed $243,577 Attachments: Consor Engineers RWPF MBR Wind Retrofit Scope and Fees City of Marco Island Florida Page 2 Printed on 7/14/2020 City Council Meeting Agenda - Final July 20, 2020 e. ID 20-890 Resolution for Site Development Plan (SDP-20-000086) Coast Guard Auxiliary Building to Construct a New Single-Story on Property Located at 909 Collier Court, Marco Island, FL 34145 Attachments: Resolution 20-23 Staff Report Application Site Plans Site Plan Revised - Pages 2 & 3 Survey Floor Plan North & East Elevation South & West Elevation Front & Rear Elevation Irrigation Plan Landscape Plan Landscape Details Tree Plan Tree Inventory f. ID 20-889 Resolution for Variance Petition Request (VP-20-000132) to Section 30-524, Temporary Signs for the Publix Plaza located at 1821 San Marco Road, 167 S. Barfield Drive, and 175 S. Barfield Drive, Marco Island, FL 34145 Attachments: Resolution 20-17 Staff Report Application Sign Banners & Site Plan g. ID 20-894 Resolution Approving the State of Florida Department of Emergency Management Grant Agreement for Hazard Mitigation Grant Project 4337-380-R, City Hall Wind Retrofit and Flood Barrier; Authorizing the City Manager to Execute the Grant Agreement Attachments: Resolution 20-18 Exhibit A - Sub-Recipient Agreement - Contract H0496 City of Marco Island Florida Page 3 Printed on 7/14/2020 City Council Meeting Agenda - Final July 20, 2020 h. ID 20-911 Resolution Approving the State of Florida Department of Emergency Management Sub-Recipient Grant Agreement for COVID-19 Pandemic DR-4486 (FL) FEMA Public Assistance; Authorizing the City Manager to Execute the Grant Agreement Attachments: Resolution 20-19 Exhibit A - Agreement Z1760 i. ID 20-886 Resolution Approving Convenience Fee Rates Attachments: Resolution 20-20 Card Acceptance Guidelines for Visa Merchants The MasterCard Convenience Fee Program for Government and Education MasterCard Merchant Surcharge FAQ 8. Proclamations and Presentations a. ID 20-934 Proclamation Honoring Retiring Fire Chief Mike Murphy for his Service to the City of Marco Island b. ID 20-918 Update on Marco Island Loop Trail Feasibility Study - Anne McLaughlin, Collier MPO Attachments: Project Application 9. Citizens' comments on agenda items not scheduled for public hearing and items other than those appearing on the agenda. TIME CERTAIN 6:00 P.M. OR AS SOON AS POSSIBLE THEREAFTER [Those who have signed in will be given the first opportunity to speak. Time is limited to 4 minutes per speaker and 30 minutes total time for this agenda item.] 10. Quasi-Judicial Public Hearing Please be advised that the following items on the agenda are quasi -judicial in nature. If you wish to comment upon these items, please inform the Clerk by filling out the available sign -up form. An opportunity for persons to speak on the items will be made available after the applicant and staff have made their presentations under oath or affirmation. Additionally, each person who gives testimony may be subject to cross-examination. If you refuse either to be cross-examined or to be sworn, your testimony will not be considered. The general public will not be permitted to cross-examine witnesses, but the public may request the Council to ask questions of staff or witnesses on their behalf. Persons representing organizations must present evidence of their authority to speak for the organization. (Council members to communicate ex -parte communication.) City of Marco Island Florida Page 4 Printed on 7/14/2020 City Council Meeting Agenda - Final July 20, 2020 a. ID 20-921 Bid Protest: ITB 2020-001 - Purchase of Sixty (60) Portable Generators Attachments: Staff Report Exhibit A: Florida Division of Emergency Management procurement review form Exhibit B: L.J. Power bid submittal Exhibit C: Evergreen bid submittal Exhibit D: L.J. Power email to staff regarding specifications Exhibit E: Technical staff’s request to proceed with the contract award Exhibit F: Notice of intent to recommend award Exhibit G: L.J. Power letters regarding specifications Exhibit H: L.J. Power registration with the State of Florida Exhibit I: Emails from Evergreen regarding Turkey Exhibit J: President’s Executive Order #13920 Exhibit K: Information from the State Department regarding the US relations with Turkey Exhibit L: Notice of protest Exhibit M: Protest Exhibit N: Informal hearing agenda Exhibit O: Email requesting hearing in front of the City Council Exhibit P: Relevant code sections b. ID 20-888 Resolution for Coastal Construction Setback Line Variance Petition (CCCL-20-000117) for a property located at 594 Spinnaker Drive, Marco Island, FL 34145 Attachments: Resolution 20-16 Staff Report Application Architectural Drawings Aerials Survey Site Plan 1 Site Plan 2 11. Ordinances A. Public Hearings - Time Certain Approximately 7:00 p.m. B. First Readings City of Marco Island Florida Page 5 Printed on 7/14/2020 City Council Meeting Agenda - Final July 20, 2020 ID 20-872 Ordinance - First Reading - Amending Year-Round Irrigation Conservation Measures Attachments: Ordinance Chapter 40E-24 FAC Existing Irrigation Restrictions Resolution 10-20 12. Resolutions & City Council Items a. ID 20-922 Resolution Approving the Proposed Millage Rate for Fiscal Year 2021 Attachments: Resolution 20-22 DR-420 Tax Certifications 2021 General Operating Budget Summary b. ID 20-919 Resolution Allowing City Council and Appointed Boards and Committees to Appear Using Communications Media Technology at Public Meetings Attachments: Resolution 20-21 Email from City Attorney Repealed Resolution 15-78 c. ID 20-900 Yellowbird Roadway Project Suggested Traffic Calming Improvements Attachments: Yellowbird Traffic Calming Photos & Estimate d. ID 20-932 Discussion - City of Marco Island Flood Map Revision Timeline Attachments: FIRM Council Memo e. ID 20-933 Authorize the Purchase of a New 2020 Contender 32ST, a thirty-two foot Fiberglass Mono-hull Vessel with two Mercury Verados 400 H.P. Outboards, for the Marco Island Police Department with the approved FY20 Capital Improvement Budget, in an amount not to exceed $255,000.00 Attachments: 2020-015 Bid submittal summary ITB 2020-015 PD boat 13. Items Removed from the Consent Agenda 14. Council Communications & Future Agenda City of Marco Island Florida Page 6 Printed on 7/14/2020 City Council Meeting Agenda - Final July 20, 2020 ID 19-632 Future Agenda Items Attachments: Future Agenda Committee Summary 15. Council Reports - None 16. City Manager's Report a. Marco Island Police Department - Employee Survey Closeout b. Brief Discussion on Impacts of Regional Beach Closures 17. City Attorney's Report ID 19-633 City Attorney’s Report Attachments: City Attorney's Report 18. Departmental Reports ID 19-634 Monthly Departmental Reports Attachments: Finance, Information Technology, Human Resources Information Technology Projects, Goals & Objectives Community Affairs (Building, Growth Management, Parks & Recreation) Public Works Water & Sewer Fire-Rescue Police 19. Citizens' Comments [4 minutes per individual – Each individual has one opportunity to speak.] 20. Adjournment City of Marco Island Florida Page 7 Printed on 7/14/2020 City Council Meeting Agenda - Final July 20, 2020 The public hearings will commence at 7:00 p.m., or soon thereafter as business permits, in the City of Marco Island, Community Room, 51 Bald Eagle Drive, Marco Island, Florida. All interested persons are invited to attend the meeting and participate in the discussion; or, written comments may be sent to the City of Marco Island, 50 Bald Eagle Drive, Marco Island, FL. 34145. Pursuant to Section 286.0105, Florida Statutes, if a person decides to appeal any decision made by City Council with respect to any matter considered at such hearing or meeting, one will need a record of the proceedings for such purpose that person may need to ensure that a verbatim record of the proceedings is made; such record includes the testimony and evidence upon which the appeal is to based. ADA Assistance: Anyone needing special assistance at the City Council hearing due to disability should contact the City of Marco Island at (239) 389-5010 at least two days prior thereto. Please contact the City Clerk at laura@cityofmarcoisland.com if you would like to receive any of the items on the agenda by email. Any Invocation that may be offered before the official start of the Council meeting shall be voluntary offering of a private citizen, to and for the benefit of the Council. The views and beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Council, and the Council is not allowed by law to endorse the religious beliefs or views of this, or any speaker. City of Marco Island Florida Page 8 Printed on 7/14/2020

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