City Council

City of Marco Island Florida 51 Bald Eagle Drive Marco Island, Florida cityofmarcoisland.com Meeting Minutes - Final Wednesday, September 9, 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 September 9, 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 Also Present Michael McNees, City Manager Casey Lucius, Assistant to the City Manager Laura Litzan, City Clerk Alan L. Gabriel, City Attorney Tracy Frazzano, Police Chief Chris Byrne, Fire Chief Dave Batiato, Deputy Fire Chief Guillermo Polanco, Finance Director Daniel J. Smith, Community Affairs Director Tim Pinter, Public Works Director Samantha Malloy, Parks, Culture & Recreation Manager Jose Duran, Information Technology Director Jim Kornas, Recording Specialist Citizens and Visitors 3. Invocation Offered by Pastor Thomas McCulley of the New Life Community Church. 4. Pledge of Allegiance Led by Chair Brechnitz. 5. Approval of the Agenda MOTION by Councilor Rios, seconded by Vice-Chair Grifoni, that the Agenda be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Chair Brechnitz, Councilor Folley, Vice-Chair Grifoni, Councilor Honig, Councilor Reed, Councilor Rios and Councilor Roman 6. Public Hearing - Adoption of Tentative FY2020-2021 Millage Rate & Budget a. ID 20-998 Resolution Adopting The Tentative FY2021 Millage Rate - City of Marco Island Finance Director Guillermo Polanco provided background on the tentative Marco Island fiscal year 2021 millage rate and read Resolution 20-32 into the record by title only. Prior to the Council's consideration and adopton of the millage levy resolution, he announced the following: 1) The name of the principal taxing authority is the City of Marco Island, Florida; 2) The current year aggregate rolled-back rate is 1.8078 mils; 3) The change over the aggregate rolled-back rate is an increase of 0.13 percent; 4) The millage rate to be levied is 1.7610 mils for the City of Marco Island; City of Marco Island Florida Page 1 City Council Meeting Minutes - Final September 9, 2020 5) The City has a dependent special district, and the Board of Supervisors of the Hideaway Beach Special Taxing District at its May 14, 2020 Meeting recommended a tax levy of 1.0000 mil for district operations Councilor Honig and Vice-Chair Grifoni commented on, and provided data in support of, the significance of the millage rate rollback for the citizens of Marco Island. No public comments were received. MOTION by Councilor Rios, seconded by Councilor Roman, that Resolution 20-32 Adopting the Tentative FY2021 Millage Rate - City of Marco Island, 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 b. ID 20-999 Resolution Adopting the Tentative FY2021 Budget - City of Marco Island Finance Director Guillermo Polanco read Resolution 20-33 into the record by title only, and Councilors Folley, Grifoni and Reed commented on projects and future spending allocations that they hope to see addressed in the upcoming year. Public Comments: Dr. Rich Blonna, San Marco Rd., provided perspective on the contributions to public safety that he ascribed to the maintenance of sidewalks and the installation of vehicle license plate-reading cameras on the Island. Mr. Michael Tschida, owner of two properties on Marco Island, expressed his strong opposition to the installation of vehicle license plate-reading cameras on Marco Island. MOTION by Councilor Rios, seconded by Councilor Roman, that Resolution 20-33 Adopting the Tentative FY2021 Budget - City of Marco Island, 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 20-1000 Resolution Adopting the Tentative FY2021 Millage Rate - Hideaway Beach Special Taxing District Finance Director Guillermo Polanco read Resolution 20-34 into the record by title only. In response to Councilor Folley's request, Mr. Polanco and Chair Brechnitz provided all present and viewing the proceedings a brief overview of the origination and reasons for the Hideaway Beach Tax District's additional millage rate. No public comments were received. MOTION by Councilor Rios, seconded by Councilor Honig, that Resolution 20-34 Adopting the Tentative FY2021 Millage Rate - Hideaway Beach Special Taxing District, 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 d. ID 20-1001 Resolution Adopting the Tentative FY2021 Budget - Hideaway Beach Special Taxing District Finance Director Guillermo Polanco read Resolution 20-35 into the record by title only. Prior to the City of Marco Island Florida Page 2 City Council Meeting Minutes - Final September 9, 2020 consideration and adoption of millage rate levy, he announced the following: 1) The name of the taxing authority is Hideaway Beach District; 2) The current year rolled-back rate is 0.9530 mils; 3) The Hideaway Beach District is a dependent special district of the City, and the Board of the Hideaway Beach Special Taxing District at its May 14, 2020 meeting has recommended a tax levy of 1.0000 mil for district operations, an increase of 5% above the rolled-back rate No public comments were received. MOTION by Councilor Rios, seconded by Councilor Honig, that Resolution 20-35 Adopting the Tentative FY2021 Budget - Hideaway Beach Special Taxing District, 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 7. Approval of the Minutes a. ID 20-982 Approval of the City Council Meeting Minutes of July 20, 2020 MOTION by Councilor Rios, seconded by Councilor Honig, that the City Council Meeting Minutes of July 20, 2020, 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 b. ID 20-977 Approval of the Zoom Introduction Workshop #1 Minutes of August 12, 2020 MOTION by Councilor Rios, seconded by Vice-Chair Grifoni, that the City Council Zoom Introduction Workshop #1 Minutes of August 12, 2020, 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 c. ID 20-978 Approval of the Zoom Introduction Workshop #2 Minutes of August 13, 2020 MOTION by Councilor Rios, seconded by Councilor Honig, that the City Council Zoom Introduction Workshop #2 Minutes of August 13, 2020, 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 d. ID 19-639 Approval of the City Council Meeting Minutes of August 17, 2020 MOTION by Councilor Rios, seconded by Councilor Honig, that the City Council Meeting Minutes of August 17, 2020, 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 3 City Council Meeting Minutes - Final September 9, 2020 8. Approval of Consent Agenda MOTION by Councilor Rios, seconded by Vice-Chair Grifoni, 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 Consent Agenda Passed All Routine Items Listed Below.] a. ID 20-989 Appointment of Ms. Mary Aronin to the Beach & Coastal Resources Advisory Committee - Councilor Larry Honig b. ID 20-986 Authorize the City Manager to Issue a Purchase Order to the Lowest and Most Responsible Bidder, Leathers & Associates, Inc., for Mackle Park Playground Repairs and Updates in the Amount of $79,500.00, as per ITB #2020-024 c. ID 20-1003 Approval of the Amendment to City Manager’s Employment Agreement 9. Proclamations and Presentations a. ID 20-994 Employee Recognition for Years of Service City Manager McNees recognized and called forward the following City employees to receive their appreciation of service recognition certificate and pin as presented by City Council Chairman Erik Brechnitz: 1) Ms. Dreama Ayers (5 years); 2) Mr. Paul Bollenback (5 years); 3) Mr. Patrick Hayman (10 years); 4) Mr. Tim Pinter (15 years), and; 5) Mr. Dave Batiato (30 years) b. ID 20-1002 2020 Marco in Bloom Landscape Awards Ms. Maria Tobin, Vice-Chair of the Beautification Advisory Committee, named the category winners of the 2020 Marco-in-Bloom Landscape Awards with a corresponding photographic presentation of the winning designs. c. ID 20-1020 Southwest Florida Regional Resiliency Compact - Michael Savarese, Ph.D. With an introduction by Councilor Charlette Roman, Dr. Michael Savarese, Professor of Coastal Resilience and Climate Adaptation at Florida Gulf Coast University's Water School, presented and addressed questions on the Southwest Florida Regional Resiliency Compact and its "Memorandum of Understanding for Review and Ratification" proposal for the City of Marco Island. With an interest in more fully understanding the interaction between this Compact and the recent Army Corps of Engineers recommendations for hardening southwest Florida's coastal areas in anticipation of continuing climate change effects, Chair Brechnitz invited Dr. Mohamed Dabees, Ph.D, P.E., D.CE and Vice President of Humiston and Moore Engineers, to also provide comment and perspective for the benefit of the Council. No other public comments were received. City of Marco Island Florida Page 4 City Council Meeting Minutes - Final September 9, 2020 After considerable Council discussion, City Manager McNees was asked to lead a Staff and City Attorney review of the proposed Compact, with the intention of bringing forward a recommendation to a regularly-scheduled session of the Council during October. d. ID 20-995 Plans for the 2020-2021 Season of the City of Marco Island’s Farmers’ Market Ms. Samantha Malloy, Parks, Culture & Recreation Manager, presented the City's proposed plan for the 2020 - 2021 Season of the weekly Farmer's Market. Recognizing and anticipating the continued need for COVID-related precautions as well as the commencement of the planned Veterans' Community Park construction project , Ms. Malloy reviewed proposed modifications to the 2020 - 2021 plan that would allow the popular Farmer's Market to continue into the new year. After considerable Council discussion and input, City Manager McNees summarized the direction from the Council to be: 1) no added outdoor face mask requirement for public attendees of the Farmer's market, and; 2) a revised vendor participation plan that includes a food tent with seating as well as potentially more food service vendor participants during the November - December timeframe. 10. Citizens' Comments on Agenda Items Not Scheduled for Public Hearing and Items Other Than Those Appearing on the Agenda. Dr. Rich Blonna, San Marco Rd., expressed appreciation for the City's ongoing effort to address noise complaints attributable to short-term residential rentals. Noting the very active citizen commentary on this issue on social media, he proposed that the City more thoughtfully quantify the incidence data on this issue to better target and focus resources in addressing citizen concerns. 11. Quasi-Judicial Public Hearing ID 20-1007 Resolution - Utility Easement Vacation request (LV-20-000176) to vacate the six-foot utility easements along the common lot line of the property located at 690 & 700 S. Barfield Drive, Marco Island, FL 34145 City Clerk Laura Litzan read Resolution 20-37 into the record by title only. 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 Pettioner's Appeal. Community Affairs Director Daniel J. Smith introduced the Appeal and provided background on the requested drainage and utility easement as well as the recommendation and vote by the Planning Board on this matter. No one came forward to speak on behalf of the Petitioner, and no public comments were received. MOTION by Councilor Rios, seconded by Councilor Honig, that Resolution 20-37 - Utility Easement Vacation Request (LV-20-000176) to Vacate the Six-Foot Utility Easements Along the Common Lot Line of the Property Located at 690 & 700 S. Barfield Drive, Marco Island, FL 34145, be Approved with the Listed Conditions. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Chair Brechnitz, Councilor Folley, Vice-Chair Grifoni, Councilor Honig, Councilor Reed, Councilor Rios and Councilor Roman 12. Ordinances City of Marco Island Florida Page 5 City Council Meeting Minutes - Final September 9, 2020 A. Public Hearings None. B. First Readings None. 13. Resolutions & City Council Items a. ID 20-996 Award of Contract #2020-022 for the Construction Management at Risk Services for the Development of New Fire Station 50 to the Highest-Ranking Firm, Manhattan Construction Company, in the amount of $87,613 ($86,263.00 for the Pre-Construction Phase and $1,350 for all direct reimbursable costs) Fire Chief Chris Byrne summarized the actions undertaken to identify the recommended construction manager at risk firm. Together with Mr. Gordon Knapp, Sr. Vice President of Manhattan Construction, Fire Chief Byrne addressed questions raised by members of the Council regarding the process and the overall status of the project. No comments were received from members of the public. MOTION by Councilor Reed, seconded by Councilor Roman, to Authorize the City Manager to Award Contract #2020-022 for the Construction Manager at Risk Services for the Development of New Fire Station 50 to the Highest-Ranking Firm, Manhattan Construction Company, in the Amount of $87,613 ($86,263.00 for the pre-construction phase and $1,350 for all direct reimbursable costs), 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 8:08 P.M. IT IS NOTED FOR THE RECORD THAT ALL COUNCILORS WERE PRESENT WHEN THE MEETING RECONVENED AT 8:15 P.M.) b. ID 20-1004 Resolution Supporting the Marco Island Police Department City Clerk Laura Litzan read Resolution 20-36 into the record by title only. Public Comment Dr. Rich Blonna, San Marco Rd., offered the perspective that those who put their lives on the line for the protection of others are the true "heroes" among us. He whole-heartedly supported the Resolution in support of the Marco Island Police Department. MOTION by Councilor Rios, seconded by Vice-Chair Grifoni, that Resolution 23-36 Supporting the Marco Island Police Department, be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: City of Marco Island Florida Page 6 City Council Meeting Minutes - Final September 9, 2020 Yes: 7- Chair Brechnitz, Councilor Folley, Vice-Chair Grifoni, Councilor Honig, Councilor Reed, Councilor Rios and Councilor Roman 14. Items Removed from the Consent Agenda No items were removed from the Consent Agenda at this meeting. 15. Council Communications & Future Agenda Vice-Chair Grifoni began by praising the efforts and success of the Beautification Advisory Committee's Utility Box Art Project. He next referenced several emails received by members of the Council regarding the proposed re-naming of the numerical streets on Marco Island, and he expressed his desire to see this addressed at a future meeting of the Council. Vice-Chair Grifoni highlighted the upcoming October 19th Council meeting date, and he requested consideration for a 6:30 P.M. start for that meeting. (Editorial Note: all members of the Council subsequently concurred with the revised starting time for the October 19th meeting). Vice-Chair Grifoni concluded by raising the need for the Council to review, potentially modify, and/or reaffirm its direction regarding the City's current COVID-19 Emergency Order . Councilor Rios, in noting the strong citizen response on the August 18th referendum on recreational marijuana, asked City Attorney Gabriel to provide guidance on the Council's next steps for action. Councilor Rios next requested City Manager McNees's response regarding overnight recreational vehicle parking in the Marco Town Center lot, and he posed a question to Police Chief Frazzano on whether vehicles parked in the swale near the Marco Town Center were ticketed. Council Rios then requested that City Manager McNees and City Attorney Gabriel provide the Council with an opinion on the effectiveness of the City's Land Development Code in regulating short-term residential rental activity. Finally, in observing an increase in the number of car carriers and people arriving on the Island without a broadly apparent increase in local restaurant patronage, Councilor Rios asked City Manager McNees for an indication as to when he foresees the Governor lifting the remaining restrictions on indoor public dining. Councilor Honig provided an update on the renewal of the National Flood Insurance Program and the FEMA Flood Map revisions as discussed during his online attendance of the August 14th Florida League of Cities Business Session. Noting a strong interest in both topics by many members of the League, he assured the Council and the public that there is great support across the state to ensure that both items receive rigorous attention, review and input as both items proceed toward implementation. Councilor Reed, in support of Councilor Rios's comments on local restaurants, believes that the State-mandated restrictions for indoor dining should be lifted as soon as possible to encourage those who are "self-limiting" their restaurant visits to dine out more often. After proposing a new item for the Council's Future Agenda, Councilor Reed presented a slide show of the completed Utility Box Art Project locations in praise of the artists (and others) who came together to make this effort such an overwhelming success. Councilor Folley began by indicating his intention to propose several additional criteria for next year's Annual Performance Review of the City Manager at a future meeting of the Council. He followed this item with a presentation and a review of the data associated with the COVID-19 pandemic in Florida, along with statistics related to police shootings of unarmed victims around the country. In both instances, he believes that the magnitude of the issue has been grossly misrepresented by the media. Councilor Roman added her praise and congratulations to all who made the Utility Box Art Project a success. She raised a procedural question regarding the Council's process for adding an additional meeting to the Council's calendar, and she noted the lack of citizen response in calling in to provide comment under the new phone number that was displayed during the evening's meeting. Later, during the City Manager's Report, Councilor Roman reinforced the need for the City to have an easy and trusted process for receiving citizen comments, and she reminded City Manager McNees of her request that the Council receive the City's MS4 report and submission to the State of Florida. City of Marco Island Florida Page 7 City Council Meeting Minutes - Final September 9, 2020 ID 19-640 Future Agenda Items Vice-Chair Grifoni requested that a proposal re-naming the numerical street names on Marco Island be brought before the Council at a future meeting. He also requested that the City bring forward a review of the existing COVID-19 Emergency Order for potential Council action and re-ratification to an upcoming Council meeting. Councilor Reed requested that the white paper "Rules for Garage Sales" be added to the Council's Future Agenda. Councilor Folley indicated his desire to bring forward a white paper on additional performance criteria for the City Manager's Annual Review at an upcoming Council meeting. 16. Council Reports None. 17. City Manager's Report City Manager McNees praised and thanked the Marco Island Center for the Arts for gracing the walls of City Hall with its roseate spoonbill art expressions. Brought about through the efforts of Beach & Coastal Resources Advisory Board Chairperson Maria Lamb and others, Mr. McNees noted that the intent of this effort is to beautify City Hall and to provide a rotating exhibition of art to showcase the creativity and talent of the Island's local artists. Mr. McNees next introduced Assistant to the City Manager Casey Lucius who provided an update on the progress of the City's nine-person Department Head Committee tasked with gathering input and developing proposals to address citizen concerns regarding short-term residential rentals. (Note: Citizen comments on this topic may be submitted to vacationrentals@cityofmarcoisland.com). 18. City Attorney's Report City Attorney Alan Gabriel referenced his email to the Council regarding required ethics training and the opportunity to register for an upcoming session of that training scheduled for October 14th. 19. Departmental Reports ID 19-641 Monthly Departmental Reports No comments were offered on the department reports. 20. Citizens' Comments An identified caller, in response to the Council's concern regarding the dearth of incoming citizen comments, briefly called in to test the system. Ms. Becky Irwin, Arawak Ave. and member of the Beautification Advisory Committee, extolled the efforts of Committee Member Shelli Connelly for taking her (Becky's) idea on utility box beautification and driving it to its successful completion. Naming other individuals who were key to the project's success, she pointed out several key benefits of a positive, public / private art partnership for the City of Marco Island. 21. Adjournment City of Marco Island Florida Page 8 City Council Meeting Minutes - Final September 9, 2020 There being no further business before the Council, the meeting adjourned at 9:25 P.M. ___________________________ Erik Brechnitz, Council Chair ATTEST: ___________________________ Laura Litzan, City Clerk PREPARED BY: ___________________________ Jim Kornas, Recording Specialist City of Marco Island Florida Page 9