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City Council

Regular Meeting

Marco Island, FL · August 17, 2020

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Minutes

City of Marco Island Florida 51 Bald Eagle Drive Marco Island, Florida cityofmarcoisland.com Meeting Minutes - Final Monday, August 17, 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 August 17, 2020 1. Call to Order Chair Brechnitz called the meeting to order at 5:30 P.M. 2. Roll Call Present: 7- Chair Brechnitz, Councilor Folley, Vice-Chair Grifoni, Councilor Honig, Councilor Reed, Councilor Rios and Councilor Roman (Note: Councilor Folley participated in the meeting via Zoom teleconference connection) 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 Dave Batiato, Deputy Fire Chief Guillermo Polanco, Finance Director Daniel J. Smith, Community Affairs Director Mary Holden, Senior Planner Jason Smalley, Planner II Tonia Selmeski, Environmental Planner Tim Pinter, Public Works Director Jeff Poteet, Water & Sewer General Manager Justin Martin, Water & Sewer Senior Project Manager Raul Perez, Chief Building Official Jose Duran, Information Technology Manager Jim Kornas, Recording Specialist Citizens and Visitors 3. Invocation Offered by Pastor Steve Schoof of the Marco Presbyterian Church. 4. Pledge of Allegiance Led by Chair Brechnitz. 5. Approval of the Agenda As provided in Section 8(g) of the City of Marco Island City Council Rules of Procedure, Councilor Reed, having voted with the majority on ID 20-900 (Yellowbird Roadway Project Suggested Traffic Calming Improvements) at the July 20, 2020 meeting of the City Council, requested that a reconsideration of that item and vote be added to the evening's agenda. MOTION by Councilor Rios, seconded by Vice-Chair Grifoni, that the Amended Agenda be Approved. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: Yes: 7- Chair Brechnitz, Councilor Folley, Vice-Chair Grifoni, Councilor Honig, Councilor Reed, Councilor Rios and Councilor Roman City of Marco Island Florida Page 1 City Council Meeting Minutes - Final August 17, 2020 Chair Brechnitz directed that the Yellowbird Roadway Project reconsideration topic be placed on the agenda under Item 13: Items Removed from the Consent Agenda. 6. Approval of the Minutes ID 19-638 Approval of the City Council Meeting Minutes of July 20, 2020 Chair Brechnitz indicated that consideration and approval of the July 20, 2020 Meeting Minutes would be deferred to the September 9, 2020 City Council Meeting. 7. Approval of Consent Agenda MOTION by Councilor Rios, seconded by Councilor Honig, that the Consent Agenda be Approved. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: Yes: 7- Chair Brechnitz, Councilor Folley, Vice-Chair Grifoni, Councilor Honig, Councilor Reed, Councilor Rios and Councilor Roman [Approval of the Consent Agenda Passed the Routine Items Listed Below.] a. ID 20-899 Resolution of the City Council of Marco Island, Florida, approving the Fiscal Year 2020-21 Non-Ad Valorem Assessment Rolls b. ID 20-935 Award of Contract 2020-023 for Large Meter Assembly Maintenance, Testing, Repair, Calibration, and Replacement Services to the Lowest Responsible Bidder - Vanguard Utility Service, Inc. in the amount of $55,640 annually c. ID 20-926 Approving the Purchase Order for a new, fully equipped, 2020 Ford F350, 4 Door, 4X4 for the Fire Rescue Department, in the amount of $58,145.00, from Tamiami Ford Inc. d. ID 20-960 Conveyance of Sewer Facilities from Marco Island Academy to the City of Marco Island e. ID 20-967 Appointment of Mr. Martin Winter to the Waterways Advisory Committee - Councilor Greg Folley 8. Proclamations and Presentations a. ID 20-959 Employee Recognition for Years of Service City Manager Mike McNees shared his intention to bring before the Council visibility and recognition of City employees who have reached five year milestone anniversaries of their initial dates of hire. In this initial presentation, the following three employees received an appreciation of service recognition certificate and pin presented by City Council Chairman Erik Brechnitz: 1) Ms. Daisy Martinez (5 years): 2) Ms. Samantha Malloy (10 years): 3) Mr. Fidencio Morales (15 years) b. ID 20-965 Collier County Transit Development Plan - Michelle Arnold, Director of Public Transit & Neighborhood Enhancement City of Marco Island Florida Page 2 City Council Meeting Minutes - Final August 17, 2020 Ms. Michelle Arnold, Collier Area Transit's Director of Public Transit & Neighborhood Enhancement, and Mr. Randall Farwell, Senior Associate / Senior Transit Specialist with Tindale-Oliver & Associates, presented the Collier Area Transit's 'Vision' Transit Development Plan for Marco Island. (Note: Ms. Arnold participated in person, while Mr. Farwell participated via remote telephonic connection). Soliciting comment and input, Ms. Arnold and Mr. Farwell received and addressed questions and recommended enhancements to the 'vision' plan as offered by members of the Council, and they received endorsement and support to proceed on behalf of the citizens and business community of Marco Island. Public Comments Ms. Dianna Dohm, Executive Director of the Marco Island Chamber of Commerce, came forward to thank Ms. Arnold and the Collier Area Transit (CAT) organization for its work, and requested CAT's continued prioritization of its planned Immokalee-to-Marco Island express line for the benefit of the leisure, hospitality and service personnel employed on the Island. Emailed Public Comments: City Manager McNees read aloud relevant emailed comments submitted by Ms. Paulette Alexander and Ms. Rhonda McAuliffe-Gloodt regarding the topic and presentation as well. 9. Citizens' Comments on Agenda Items not Scheduled for Public Hearing and Items Other Than Those Appearing on the Agenda. Mr. Joe Rola, Banyan Ct., pointed out certain sections of the City's Land Development Code that he believes can bolster the City's efforts in regulating residential rental activity. Mr. Rola also recognized and complimented the Marco Island Police Department's recent enforcement actions of in-swale and across-sidewalk parking restrictions in his residential neighborhood. Mr. Rick Locastro, Buccaneer Ct. and candidate for Collier County Commissioner - District 1, reminded all present of the impending primary election day of August 18th, and he outlined his qualifications and unique experiences that he believes best position him to serve in this role. Mr. Nicholas Marich, Hickory Ct., shared his observations regarding the growing problem of across-sidewalk parking and inadequate trash containment attributable to weekend residential property renters. He specifically noted the disconnect between the advertised overnight sleeping capacity of rental homes versus the vehicle parking capacity that most homes have available for renters. Messrs. Richard Marsico and David Neville, Caxambas Dr., brought forward their ordeal in completing the build of their home on Marco Island, asserting their belief that the City was, and is, unconcerned with addressing their concerns. Mr. Phares Heindl, Leland Way, introduced his campaign and candidacy for Marco Island City Council, outlining his history of service to the citizens of Marco Island. 10. Quasi-Judicial Public Hearings City Attorney Alan Gabriel reminded the Council that, pursuant to Resolution 20-21 as adopted at its July 20, 2020 meeting, any Councilor who participates virtually (i.e. via remote electronic means) may not participate in, or vote on, quasi-judicial matters. Chair Brechnitz confirmed this understanding with Councilor Folley who was attending the meeting via Zoom video and audio connection. a. ID 20-963 Resolution - Variance Petition Request (VP-20-000140) for McDonalds Corporation, to deviate from Sec. 30-441 to allow for reduced buffer widths on all four sides of the lot located at 899 North Collier Boulevard, Marco City of Marco Island Florida Page 3 City Council Meeting Minutes - Final August 17, 2020 Island, FL 34145 Chair Brechnitz noted the relationship between this Variance Petition Request (VP-20-000140) and the Site Development Plan (SDP-19-001024) next scheduled for review. City Attorney Alan Gabriel swore in all parties for both Resolutions (Resolutions 20-25 and 20-26), and each Council member conveyed a verbal ex parte disclosure related to the Petitioner's appeal on both items. City Clerk Laura Litzan then read Resolution 20-25 into the record by title only. Growth Management Department Planner II Jason Smalley provided the Council with background and relevant detail regarding the Variance Petition Request. Questions by members of the Council were addressed by Mr. Smalley and Mr. Albert Lopez of CPH, Inc., the architectural and engineering firm retained by the McDonald's Corporation franchisee. No representatives from McDonalds Corporation or the franchisee were in attendance. Recognizing the long-standing failure of the franchisee to maintain its landscape buffers in compliance with past City approvals, a lengthy discussion ensued. No members of the public came forward to comment. MOTION by Councilor Rios, seconded by Councilor Honig that, under the condition that assurances from the Petitioner are received and documented that the condition of the landscape buffers will be maintained to City standards at all times going forward, that the Resolution - Variance Petition Request (VP-20-000140) for McDonalds Corporation, to Deviate from Sec. 30-441 to Allow for Reduced Buffer Widths on All Four Sides of the Lot Located at 899 North Collier Boulevard, Marco Island, FL 34145, be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Chair Brechnitz, Vice-Chair Grifoni, Councilor Honig, Councilor Reed, Councilor Rios and Councilor Roman b. ID 20-962 Resolution - Site Development Plan (SDP-19-001024) McDonalds Corporation for the expansion of drive-thru capacity for the property located at 899 North Collier Boulevard, Marco Island, FL 34145 City Clerk Laura Litzan read Resolution 20-26 into the record by title only. No members of the public came forward to comment. MOTION by Vice-Chair Grifoni, seconded by Councilor Honig, that Resolution - Site Development Plan (SDP-19-001024) McDonalds Corporation for the Expansion of Drive-Thru Capacity for the Property Located at 899 North Collier Booulevard, Marco Island, FL 34145, be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Chair Brechnitz, Vice-Chair Grifoni, Councilor Honig, Councilor Reed, Councilor Rios and Councilor Roman c. ID 20-961 Resolution - Variance Petition Request (VP-20-000129) to Sec. 30-1024 (1) a., to install a thirty (30) foot flagpole at a property located at 1390 Jamaica Road, Marco Island, FL 34145 City Clerk Laura Litzan read Resolution 20-27 into the record by title only. City of Marco Island Florida Page 4 City Council Meeting Minutes - Final August 17, 2020 City Attorney Alan Gabriel swore in Ms. Mary Holden, Growth Management Department Senior Planner, as the party to give testimony on behalf of the City. Neither the Petitioner nor his representative was present to offer testimony. Each Councilor provided a verbal ex parte disclosure related to the Petitioner's appeal. Senior Planner Holden briefly outlined the recommendation by the City to the deny the requested variance, and she noted the Planning Board's recent vote upholding the recommended denial of the Petitioner's request. A lengthy Council review and discussion ensued. No public comment was received. MOTION by Councilor Reed, seconded by Councilor Roman, that the Resolution To Deny Variance Petition Request (VP-20-000129) to Sec. 30-1024 (1) A., to Install a Thirty (30) Foot Flagpole at a Property Located at 1390 Jamaica Road, Marco Island, FL 34145, be Approved. MOTION FAILED BY THE FOLLOWING VOTE: Yes: 2- Councilor Reed and Councilor Roman No: 4- Chair Brechnitz, Vice-Chair Grifoni, Councilor Honig and Councilor Rios MOTION by Vice-Chair Grifoni, seconded by Councilor Rios, that Variance Petition Request (VP-20-000129) to Sec. 30-1024 (1) A., to Install a Thirty (30) Foot Flagpole at a Property Located at 1390 Jamaica Road, Marco Island, FL 34145, be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 4- Chair Brechnitz, Vice-Chair Grifoni, Councilor Honig and Councilor Rios No: 2- Councilor Reed and Councilor Roman (THE MEETING WENT INTO RECESS AT 7:21 P.M. IT IS NOTED FOR THE RECORD THAT ALL COUNCILORS WERE PRESENT WHEN THE MEETING RECONVENED AT 7:30 P.M.) 11. Ordinances A. Public Hearings ID 20-946 Ordinance - Second Reading - Amending Year-Round Irrigation Conservation Measures City Clerk Laura Litzan read Ordinance 20-02 into the record by title only. Water & Sewer General Manager Jeff Poteet briefly explained the reason for amending the Ordinance, and addressed a question from the Council. No public comments were received. MOTION by Vice-Chair Grifoni, seconded by Councilor Rios, that Ordinance 20-02 - Second Reading - Amending Year-Round Irrigation Conservation Measures, be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: City of Marco Island Florida Page 5 City Council Meeting Minutes - Final August 17, 2020 Yes: 7- Chair Brechnitz, Councilor Folley, Vice-Chair Grifoni, Councilor Honig, Councilor Reed, Councilor Rios and Councilor Roman B. First Readings ID 20-968 Ordinance - First Reading - Proposed changes to Sec. 30-793 regarding Seawall Manufacturing and Staging on Marco Island City Clerk Laura Litzan read the Ordinance into the record by title only. Community Affairs Director Daniel J. Smith provided background on the reasons for the proposed changes to the Ordinance, and he noted the Planning Board's direction to the City Staff to modify Section 30-793, and eliminate seawall manufacturing on Marco Island. Noting subsequent discussion and input with local marine and general contractors, Mr. Smith highlighted several modifications to the proposed Ordinance that were added to better address environmental, citizen and contractor concerns. He addressed the many questions and concerns raised by members of the Council. Public Comment Mr. Steve Sokol, 961 Collier Ct. and owner of Blue Marlin Marine Construction, provided his perspective on the off-island fabrication of seawall panels, the utilizaton of C-5 zoned commercial areas, the human and environmental effects of truck traffic and noise, and the limited impact to seawall customer pricing in adopting the proposed Ordinance. Mr. Duane Thomas, 296 Rockhill Ct. and owner of Duane Thomas Marine Construction, noted the complex nature of the seawall problem on Marco Island and the need for the City and the Council to identify new and unique solutions to addressing the issue. He sees water quality as the primary concern that is made worse by deteriorating seawalls, and he believes that vacant lot availability for staging and deploying materials will be necessary, regardless of the path taken. City Manager McNees read aloud the recommendation submitted via email by Ms. Shirley Steffen Turchi, Seminole Ct., proposing seawall construction on the Island. Chair Brechnitz requested that City Staff: 1) Continue to advance a cooperative effort with marine contractors and the City Council in refining the language and provisions of the proposed revised Ordinance; 2) Establish an Ordinance Effective Date that is considerate of already-existing seawall customer contracts, and; 3) Explore the possibility of establishing a location for seawall fabrication within the Island's C-5 commercial property zone MOTION by Councilor Roman, seconded by Councilor Reed, that the Ordinance - First Reading - Proposed Changes to Sec. 30-793 Regarding Seawall Manufacturing and Staging on Marco Island be Continued to September, 2020 to allow for further City Staff refinement. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Chair Brechnitz, Councilor Folley, Vice-Chair Grifoni, Councilor Honig, Councilor Reed, Councilor Rios and Councilor Roman City of Marco Island Florida Page 6 City Council Meeting Minutes - Final August 17, 2020 12. Resolutions & City Council Items a. ID 20-964 Veterans’ Community Park 60% Construction Document Cost Estimate and Project Status Public Works Director Timothy Pinter recounted for the Council the activities and facility design changes leading up to its review of this 60% Construction Document cost estimate. Joined by Mr. Gordon Knapp, Senior Vice President of Manhattan Construction Company, and Mr. James Pankonin, Lead Landscape Architect / Urban Designer with Kimley-Horn & Associates, Mr. Pinter addressed the many questions and concerns raised by members of the Council. Public Comment Dr. Carlos Portu, Chair of the Parks & Recreation Advisory Committee, noted the that the focus of the Committee has been in ensuring that the needs of the community are being met in the design of the Veterans' Park structures rather than in attempting to meet a specific cost target. He believes that the proposed design changes that have been incorporated into the design to date have added considerable value for the community in the expected longevity and usefulness of the structures. Dr. Rich Blonna, San Marco Road, noted with appreciation the many years of effort that have gone into the planning and development of the Veterans' Park project, and he asked that all parties work together to execute a great park at the greatest value possible. Mr. Andrew Kirlin, Chair of the Beautification Advisory Committee, supported the need for the project. MOTION by Councilor Reed, seconded by Councilor Roman, that the Veterans' Community Park Final 60% Construction Document Estimate as Submitted by Manhattan Construction Company on July 31st, 2020, be Approved. 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 b. ID 20-897 Award of Contract for Purchase of Standby Generators to L.J. Power, Inc., in the amount of $2,640,000.00 (60 generators at $44,000 each) Water & Sewer General Manager Jeff Poteet noted that, in line with the significant hazard grant mitigation funding provided for FEMA-approved projects after Hurricane Irma, and in fulfillment of the Council's authorization in January, 2020 to issue an RFP for sixty (60) standby generators, the City is requesting approval to award the contract to its lowest bidder, L.J. Power, Inc. No public comment was proffered. MOTION by Councilor Rios, seconded by Councilor Roman, that the Contract for the Purchase of Standby Generators to L.J. Power, Inc. in the Amount of $2,640,000 (60 Generators at $44,000 each), 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 Motion to Extend the Meeting MOTION by Councilor Rios, seconded by Councilor Reed, to extend the City City of Marco Island Florida Page 7 City Council Meeting Minutes - Final August 17, 2020 Council meeting to conclude no later than 10:15 P.M. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: Yes: 7- Chair Brechnitz, Councilor Folley, Vice-Chair Grifoni, Councilor Honig, Councilor Reed, Councilor Rios and Councilor Roman c. ID 20-969 Discussion of Revisions to City Ordinance 15-06 Related to “Noise Control” City Manager McNees introduced this discussion item by requesting Council support to revise existing City Ordinance 15-06. He then introduced Police Captain David Baer to provide data and rationale in support of this request. Council discussion on this topic and the ensuing questions brought to light a number of objective and subjective considerations in assessing problem noise. Recognizing the inherent difficulty in enforcing non-objective criteria in the existing Ordinance, Councilor Reed and others brought forward suggestions designed to strengthen the application, understanding and enforceability of the City's noise Ordinance. In-person Public Comments were brought forward by the following: Mr. Tom Bak, Bonita Ct., suggested that the Council direct its efforts at the state level to encourage legislation that will allow municipalities to better regulate and control short term residential rental activity in their area. Mr. Phares Heindl, Leland Way, supported the direction to improve the City's noise Ordinance. He proposed convening a workshop to gather greater community involvement and input, and he sees benefit in addressing revisions to the existing noise Ordinance in concert with the City's plan to address short term rentals on the Island. Mr. Martin Winter, Perrine Ct., recognized the benefits associated with visitors to the Island, and advocated for objective, clearly communicated standards and rules for visitors to follow. Ms. Linda Goslee, Treasure Ct., noted that she has seen a significant increase in problem noise from short term residential renters over the past 15 years. She advocated for a 'community-based solution' that engages the Island's residents and home owners. Mr. Mark Morze, Skylark Ave., noted that, as both a homeowner and property manager, he recognizes and understands both sides of the problem noise issue. He indicated that he employs an interior/exterior noise detection monitor that provides him with text message alerts when rental home noise levels exceed a predetermined level. He offered to demonstrate the device and participate in whatever civic engagement initiative that the City might institute to bring home owners and property managers into a dialogue on this issue. Ms. Bernie Greichen, South Seas Ct., relayed her experience living near a rental home with absentee ownership. She proposed that, rather than levying fines on the short-term renters, absentee owners should be held accountable and fined for the noise and disruption caused by their tenants. Mr. Alex Parker III, Dan River Ct., expressed appreciation that the issue of short-term rentals was being addressed at the City Council level. He recounted his family's experiences with noise levels emanating from short-term rental properties around his home, and he sees the situation getting worse. He proposed that the City view and approach short-term rental properties for what they are - businesses that should be licensed, inspected and managed like other commercial enterprises on the Island. Mr. Joe Rola, Banyan Ct., suggested that, rather than simply modifying the City's existing noise ordinance, the City should review and consider the existing Naples ordinance which, he believes, offers strong, City of Marco Island Florida Page 8 City Council Meeting Minutes - Final August 17, 2020 objective measures for addressing problem noise in the community. City Manager McNees read aloud comments submitted via email from the following individuals: (Note: Listed Alphabetically by First Name, if Known) Anthony Felice Frankie & Cathy Spina Hector C. Fernandez Helene Sabatino J Pinto Fields Lori Merenda Patti LaMotte Rhonda McAuliffe-Gloodt Zully Ruiz MOTION by Councilor Rios, seconded by Councilor Roman, to direct the City Staff to prepare a revised 'Noise Control' ordinance to replace Ordinance 15-06 based on the input of City Council as determined through this discussion. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Chair Brechnitz, Councilor Folley, Vice-Chair Grifoni, Councilor Honig, Councilor Reed, Councilor Rios and Councilor Roman Motion to Extend the Meeting MOTION by Councilor Rios, seconded by Councilor Honig, to extend the City Council meeting to conclude no later than 11:00 P.M. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: Yes: 7- Chair Brechnitz, Councilor Folley, Vice-Chair Grifoni, Councilor Honig, Councilor Reed, Councilor Rios and Councilor Roman d. ID 20-958 City Manager’s Performance Evaluation Chair Brechnitz initiated the review of the City Manager's performance by indicating that: 1) each Councilor would be offered the opportunity to comment on the ratings that he / she individually scored, and; 2) at the conclusion of each Councilor's comments, a discussion of the City Manager's compensation and contract for the next year would be conducted. (Editorial Note: Given his short tenure on the Council, Councilor Folley elected to forego rating the City Manager's performance on the listed criteria). Following the individual Councilor comments and the discussion regarding the City Manager's contract, Mr. McNees expressed his appreciation for the trust and support that he received from Council over the past year. Motion to Extend the Meeting Motion by Councilor Rios, seconded by Councilor Reed, to extend the City Council meeting to conclude no later than 11:15 P.M. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: Yes: 7- Chair Brechnitz, Councilor Folley, Vice-Chair Grifoni, Councilor Honig, Councilor Reed, Councilor Rios and Councilor Roman 13. Items Removed from the Consent Agenda Reconsideration of City Council Vote on Yellowbird Roadway Project Suggested Traffic Calming Improvements (ID 20-900) as Voted on at the July 20, 2020 City Council Meeting City of Marco Island Florida Page 9 City Council Meeting Minutes - Final August 17, 2020 Citing additional insight and information clarified subsequent to the Council vote at the July 20, 2020 meeting, Councilor Reed shared his new understandings with the members of the Council and requested a reconsideration of the July 20th vote. MOTION by Councilor Reed, seconded by Councilor Rios, that the Authorization to the City 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 be Reconsidered / Rescinded. MOTION FAILED BY THE FOLLOWING VOTE: Yes: 2- Councilor Reed and Councilor Rios No: 5- Chair Brechnitz, Councilor Folley, Vice-Chair Grifoni, Councilor Honig and Councilor Roman 14. Council Communications & Future Agenda ID 19-637 Future Agenda Items Vice-Chair Grifoni requested that the 'Bioswale Project' voted upon by the Beautification Advisory Committee be brought before the Council at its September meeting. Councilor Roman requested the removal of the 'Environmental Stewardship Award' from the Council's Future Agenda. She also requested that Dr. Michael Savarese's presentation on 'The Southwest Florida Regional Resiliency Compact' be added to the September Council agenda. Councilor Rios requested that a resolution in support of Marco Island's Police Department be prepared and come to a vote of the Council at its September meeting. Councilor Reed requested the removal of the item 'Definition of "Connected" Regarding Guest Houses' from the Future Agenda. He requested the addition of a whitepaper on the subject of 'Alcohol on the Beach' to the Future Agenda. He also requested that the topic 'Removal of Docks From Demolished Homes' be brought forward by the City Staff for Council review in the September / October timeframe. 15. Council Reports None. 16. City Manager's Report City Manager McNees apologized to Vice-Chair Grifoni for inadvertently reading disparaging comments submitted by a citizen via email earlier in the meeting. 17. City Attorney's Report ID 19-636 City Attorney’s Report City Attorney Gabriel asked the Council to consult his report on the status of projects and litigation matters that are in process. 18. Departmental Reports ID 19-635 Monthly Departmental Reports City of Marco Island Florida Page 10 City Council Meeting Minutes - Final August 17, 2020 Vice-Chair Grifoni advised City Manager McNees and Public Works Director Pinter that he was forwarding an email from a citizen regarding sidewalks on San Marco Road for their review and attention. 19. Citizens' Comments No additional comments from citizens or guests were received. 20. Adjournment There being no further business before the Council, the meeting adjourned at 11:09 P.M. ___________________________ Erik Brechnitz, Council Chair ATTEST: ___________________________ Laura Litzan, City Clerk PREPARED BY: ___________________________ Jim Kornas, Recording Specialist 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, August 17, 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 Steve Schoof of the Marco Presbyterian Church 4. Pledge of Allegiance 5. Approval of the Agenda 6. Approval of the Minutes ID 19-638 Approval of the City Council Meeting Minutes of July 20, 2020 Attachments: Meeting Minutes for July 20, 2020 7. Approval of Consent Agenda [Approval of Consent Agenda passes all routine items listed below.] City of Marco Island Florida Page 1 Printed on 8/11/2020 City Council Meeting Agenda - Final August 17, 2020 a. ID 20-899 Resolution of the City Council of Marco Island, Florida, approving the Fiscal Year 2020-21 Non-Ad Valorem Assessment Rolls Attachments: Resolution 20-24 b. ID 20-935 Award of Contract 2020-023 for Large Meter Assembly Maintenance, Testing, Repair, Calibration, and Replacement Services to the Lowest Responsible Bidder - Vanguard Utility Service, Inc. in the amount of $55,640 annually Attachments: Vanguard Bid 2020-023 Bid Tab c. ID 20-926 Approving the Purchase Order for a new, fully equipped, 2020 Ford F350, 4 Door, 4X4 for the Fire Rescue Department, in the amount of $58,145.00, from Tamiami Ford Inc. Attachments: Squad 51 proposal Sheriff's Bid for Squad 51 d. ID 20-960 Conveyance of Sewer Facilities from Marco Island Academy to the City of Marco Island Attachments: MIA Bill of Sale Sketch e. ID 20-967 Appointment of Mr. Martin Winter to the Waterways Advisory Committee - Councilor Greg Folley Attachments: Application 8. Proclamations and Presentations a. ID 20-959 Employee Recognition for Years of Service b. ID 20-965 Collier County Transit Development Plan - Michelle Arnold, Director of Public Transit & Neighborhood Enhancement Attachments: Executive Summary Presentation 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 Hearings City of Marco Island Florida Page 2 Printed on 8/11/2020 City Council Meeting Agenda - Final August 17, 2020 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.) a. ID 20-963 Resolution - Variance Petition Request (VP-20-000140) for McDonalds Corporation, to deviate from Sec. 30-441 to allow for reduced buffer widths on all four sides of the lot located at 899 North Collier Boulevard, Marco Island, FL 34145 Attachments: Resolution 20-25 Staff Report Application Site Plan - rev 3-31-20 Site Plan - rev 7-27-20 Buffer Deviation Letter 3-30-20 Landscape L-1 - rev 7-29-20 Landscape L-2 - rev 7-29-20 b. ID 20-962 Resolution - Site Development Plan (SDP-19-001024) McDonalds Corporation for the expansion of drive-thru capacity for the property located at 899 North Collier Boulevard, Marco Island, FL 34145 Attachments: Resolution 20-26 Staff Report Application Site Plan - rev 3-30-20 Site Plan - rev 7-27-20 Landscape Plan Landscape Plan L-1 - rev 7-29-20 Landscape Plan L-2 - rev 7-29-20 Buffer Deviation Letter 3-30-20 2011 SDP Conditional Approval Letter City of Marco Island Florida Page 3 Printed on 8/11/2020 City Council Meeting Agenda - Final August 17, 2020 c. ID 20-961 Resolution - Variance Petition Request (VP-20-000129) to Sec. 30-1024 (1) a., to install a thirty (30) foot flagpole at a property located at 1390 Jamaica Road, Marco Island, FL 34145 Attachments: Resolution 20-27 Staff Report Application Site Plan Owner Letter 7-15-20 11. Ordinances A. Public Hearings ID 20-946 Ordinance - Second Reading - Amending Year-Round Irrigation Conservation Measures Attachments: Ordinance 20-02 Chapter 40E-24 FAC Existing Irrigation Restrictions Resolution 10-20 B. First Readings ID 20-968 Ordinance - First Reading - Proposed changes to Sec. 30-793 regarding Seawall Manufacturing and Staging on Marco Island Attachments: Ordinance Staff Repot 12. Resolutions & City Council Items a. ID 20-964 Veterans’ Community Park 60% Construction Document Cost Estimate and Project Status Attachments: Veterans' Community Park 60% Construction Document Architect Renderings b. ID 20-897 Award of Contract for Purchase of Standby Generators to L.J. Power, Inc., in the amount of $2,640,000.00 (60 generators at $44,000 each) Attachments: L.J. Power, Inc. Bid Submittal c. ID 20-969 Discussion of Revisions to City Ordinance 15-06 Related to “Noise Control” Attachments: Ordinance 15-06 City of Marco Island Florida Page 4 Printed on 8/11/2020 City Council Meeting Agenda - Final August 17, 2020 d. ID 20-958 City Manager’s Performance Evaluation Attachments: Section 4 - Performance Evaluations Compiled Ratings 13. Items Removed from the Consent Agenda 14. Council Communications & Future Agenda ID 19-637 Future Agenda Items Attachments: Future Agenda Committee Summary 15. Council Reports - None 16. City Manager's Report 17. City Attorney's Report ID 19-636 City Attorney’s Report Attachments: City Attorney Report 18. Departmental Reports ID 19-635 Monthly Departmental Reports Attachments: Finance, Information Technology, Human Resources Nine Month Budget Status - FY2020 Information Technology Projects, Goals & Objectives Community Affairs (Building, Growth Management, Parks & Recreation) Fire-Rescue Public Works Water & Sewer Police 19. Citizens' Comments [4 minutes per individual – Each individual has one opportunity to speak.] 20. Adjournment City of Marco Island Florida Page 5 Printed on 8/11/2020 City Council Meeting Agenda - Final August 17, 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 be 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 6 Printed on 8/11/2020

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