City Council

City of Marco Island Florida 51 Bald Eagle Drive Marco Island, Florida cityofmarcoisland.com Meeting Minutes - Final Monday, September 21, 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 21, 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 Roman (Note: Councilor Rios arrived at 5:49 P.M.) 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 Dave Baer, Police Captain Chris Byrne, Fire Chief Guillermo Polanco, Finance Director Daniel J. Smith, Community Affairs Director Lina Upham, Purchasing & Risk Manager Tim Pinter, Public Works Director Jason Tomassetti, Storm Water Engineer Kelli DeFedericis, Flood Plain Coordinator Jose Duran, Information Technology Director Jim Kornas, Recording Specialist Citizens and Visitors 3. Invocation Offered by Councilor Reed. 4. Pledge of Allegiance Led by Chair Brechnitz. 5. Approval of the Agenda MOTION by Councilor Folley, seconded by Councilor Reed, 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 Roman 6. Public Hearing - Adoption of Final FY2020-2021 Millage Rate & Budget Finance Director Guillermo Polanco announced the following regarding the adoption of the Final FY2020-2021 Millage Rate & Budget: Section 200.065, Florida Statutes, governs the budget adoption process. The Truth in Millage ("TRIM") statute establishes a detailed timeline and approval process that requires two public hearings held in the month of September and separate actions for establishing the tax levy and for approving the annual budget. The first of these public hearings was held on September 9, 2020, and the second is this evening. City of Marco Island Florida Page 1 City Council Meeting Minutes - Final September 21, 2020 To comply with the TRIM regulations, City Council is required to take separate actions in a specified order. At each of the public hearings, the public may speak and ask questions before Council adopts any measures. Council must then adopt a millage rate before it adopts a budget. The millage rate and budget must be adopted by separate votes at the advertised hearing. The final millage rate adopted at the second hearing cannot exceed the tentatively adopted millage rate. The proposed final millage rate is the rolled back rate of 1.7610 mils for City operations. At the hearing, prior to adoption of the millage levy resolution, the following must be announced: 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 City of Marco Island. 5. The City has a dependent special district and the Board of Supervisors of the Hideaway Beach Special Taxing District at their May 14, 2020 meeting recommended a tax levy of 1.000 mil for district operations. This is a 5% increase from the rollback rate of .9530 from the prior year. a. ID 20-1022 Resolution Adopting the Final FY2021 Millage Rate - City of Marco Island Finance Director Polanco read Resolution 20-38 into the record by title only. No public comments were received. MOTION by Councilor Roman, seconded by Councilor Honig, that Resolution 20-38 Adopting the Final FY 2021 Millage Rate - City of Marco Island, be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Chair Brechnitz, Councilor Folley, Vice-Chair Grifoni, Councilor Honig, Councilor Reed and Councilor Roman b. ID 20-1023 Resolution Adopting the Final FY2021 Budget - City of Marco Island Finance Director Polanco read Resolution 20-39 into the record by title only. No public comments were received. MOTION by Councilor Roman, seconded by Councilor Honig, that Resolution 20-39 Adopting the Final FY2021 Budget - City of Marco Island, be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Chair Brechnitz, Councilor Folley, Vice-Chair Grifoni, Councilor Honig, Councilor Reed and Councilor Roman c. ID 20-1024 Resolution Adopting the Final FY2021 Millage Rate - Hideaway Beach Special Taxing District Finance Director Polanco read Resolution 20-40 into the record by title only. No public comments were received. MOTION by Councilor Honig, seconded by Councilor Folley, that Resolution 20-40 Adopting the Final FY2021 Millage Rate - Hideaway Beach Special Tax District, be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Chair Brechnitz, Councilor Folley, Vice-Chair Grifoni, Councilor Honig, Councilor Reed and Councilor Roman City of Marco Island Florida Page 2 City Council Meeting Minutes - Final September 21, 2020 d. ID 20-1025 Resolution Adopting the Final FY2021 Budget - Hideaway Beach Special Taxing District Finance Director Polanco read Resolution 20-41 into the record by title only. No public comments were received. MOTION by Councilor Honig, seconded by Councilor Folley, that Resolution 20-41 Adopting the Final FY2021 Budget - Hideaway Beach Special Taxing District, be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Chair Brechnitz, Councilor Folley, Vice-Chair Grifoni, Councilor Honig, Councilor Reed and Councilor Roman 7. Approval of the Minutes ID 19-645 Approval of the City Council Meeting Minutes of September 9, 2020 MOTION by Councilor Honig, seconded by Councilor Roman, that the Minutes of September 9, 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 Roman 8. Approval of Consent Agenda Chair Brechnitz requested that ID 20-1031 'Renewal of the Policy for the FY2021 Property, Liability and Excess Worker's Compensation Insurance Coverage with Public Risk Insurance Agency ("PRIA") in the amount $993,942.00' be removed from the Consent Agenda. The Council's action on this item is, therefore, now reflected under Topic #14: Items Removed From The Consent Agenda. 9. Proclamations and Presentations (Editorial Note: Councilor Rios arrived at this point in the agenda and participated in all following motions advanced and all votes cast by members of the Council) ID 20-1048 Comprehensive Plan Update - A presentation of the Draft Final Assessment Report that completes Phase One of our Comprehensive Plan Update Via Zoom teleconference, Dr. Margaret Banyan, Professor, Department of Political Science and Public Policy, Florida Gulf Coast University, presented the Phase One draft final assessment analysis conducted by the consulting team assisting the City Staff in the updating of Marco Island's Comprehensive Plan. She addressed questions from members of the Council and outlined the timetable for the next phases of the project. Public Comment Dr. Rich Blonna, San Marco Rd., requested clarification from Dr. Banyan on the source of the data on deficient housing units noted in the Phase One assessment. Mr. Ed Issler, Joy Circle, noted the critical importance of the future land use and transportation elements of the next Comprehensive Plan in determining the housing needs of the Island. City of Marco Island Florida Page 3 City Council Meeting Minutes - Final September 21, 2020 10. Citizens' Comments on Agenda Items Not Scheduled for Public Hearing and Items Other Than Those Appearing on the Agenda. Mr. Phillip Kostelnik, Channel Ct., commented on the smoothing of the road surface on County Road 951, and he recommended that the City consider retaining the same company for road surface repairs on the Island. He concluded with noting the significance of the sinking pavement at the corner of Bald Eagle and San Marco Roads. Mr. Ken Honecker, former City Council member, provided the Council with a brief history and perspective from his experience as an original member of the Ad Hoc Rental Housing Committee of 2008 - 2009. Mr. David Duncan, Columbus Way, shared his observations regarding commercial business activities that he sees being brazenly conducted in residential neighborhoods. Chair Brechnitz requested that the City Manager investigate the specific locations and activities observed by Mr. Duncan. Call-In Comments Mr. Andy Patterson, Pepperwood Ct., called in during agenda Item 12 B. (Ordinances - First Readings) to relay his family's experiences with a short-term vacation rental home in his neighborhood. 11. Quasi-Judicial Public Hearing None. 12. Ordinances A. Public Hearings None. B. First Readings 1. ID 20-1041 Ordinance - First Reading - Amendment to the Ordinance Banning Recreational Marijuana City Clerk Laura Litzan read the Ordinance into the record by title only. City Attorney Alan Gabriel then briefly outlined the activities undertaken in collaboration with the Ban Recreational Marijuana PAC to identify and correct certain deficiencies in the Ordinance that was adopted on August 18, 2020 by the citizens of Marco Island. He addressed several clarifying questions raised by a member of the Council. No public comments were received. MOTION by Councilor Rios, seconded by Councilor Reed, that the First Reading of the Amendment to the Ordinance Banning Recreational Marijuana, 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 2. ID 20-1045 Ordinance - First Reading - Amendment to the Floodplain Ordinance City of Marco Island Florida Page 4 City Council Meeting Minutes - Final September 21, 2020 City Clerk Laura Litzan read the Ordinance into the record by title only. City Flood Plain Coordinator Kelli DeFedericis introduced the rationale for the proposed amendments to the Flood Plain Ordinance and addressed questions from members of the Council. No public comments were received. MOTION by Councilor Rios, seconded by Councilor Roman, that the First Reading - Amendment to the Floodplain Ordinance, 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 3. ID 20-1047 Ordinance - First Reading - Amendment to the Noise Ordinance City Clerk Laura Litzan read the Ordinance into the record by title only. Following an introduction by Chair Brechnitz outlining the key elements requiring Council consideration and input, Police Captain David Baer reviewed the proposed Ordinance and addressed questions and concerns raised by members of the Council. Public Comment The following citizens came forward in-person to relay their experiences and concerns regarding noise issues in their neighborhoods (Note: listed alphabetically by first name) Mr. Bruce Merklinghaus, San Marco Rd. Ms. Chris Dowell, Biscayne Way Mr. David Romano, Amber Dr. Mr. Dwight Goslee, Treasure Ct. Mr. Kevin Stanutz, June Ct. Ms. Linda Goslee, Treasure Ct. Ms. Maria Lamb, Ludlow Rd. Mr. Michael Frazer, Pheasant Ct. The following callers provided their experiences and concerns regarding noise and the proposed Ordinance as well: (Note: listed alphabetically by first name, as recognized) Mr. Andrew Tyler Mr. Hector Fernandez Ms. Jody Fields Mr. Phares Heindl Mr. Terry Neal City Manager McNees clarified for all present and viewing the proceedings that the Noise Ordinance is not intended to represent the totality of the City's approach toward short-term vacation rental properties on the Island. He went on to note that a separate, more comprehensive effort is underway by the City to address the concerns raised by citizens regarding short-term vacation rentals. Chair Brechnitz followed City Manager McNees's comments by requesting: 1) that citizen input be solicited to better inform the City's forthcoming proposals to more effectively manage short-term vacation rentals, and; 2) that the City's enforcement team stiffen its commitment to enforcing existing ordinances and statutes that affect the conduct and behavior of City of Marco Island Florida Page 5 City Council Meeting Minutes - Final September 21, 2020 short-term vacation property owners and renters. MOTION by Councilor Reed, seconded by Councilor Honig, that the Ordinance - First Reading - Amendment to the Noise Ordinance as amended and summarized by Council Chair Brechnitz, be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 5- Chair Brechnitz, Councilor Folley, Vice-Chair Grifoni, Councilor Honig and Councilor Reed No: 2- Councilor Rios and Councilor Roman 13. Resolutions & City Council Items a. ID 20-1040 Southwest Florida Regional Resiliency Compact - Memorandum of Understanding (MOU) Councilor Roman reminded the Council of its decision at its September 9th session to direct City Attorney Gabriel to review the Southwest Florida Regional Resiliency Compact Memorandum of Understanding. City Manager Gabriel summarized his review of the document and confirmed that it allows the City to participate in the Compact without obligating it or causing it to relinquish any of its authority or autonomy. Public Comment Dr. Rich Blonna, San Marco Rd., shared his previous favorable experiences with inter-governmental Compacts, and he strongly urged the Council to support Marco Island's participation in the Southwest Florida Regional Resiliency Compact Memorandum of Understanding. MOTION by Councilor Roman, seconded by Councilor Reed, that the Southwest Florida Regional Resiliency Compact Memorandum and Marco Island's participation in the Compact, 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 20-1043 Bio-swale Design & Permitting Requirements within the City of Marco Island Right-of-Way Public Works Director Tim Pinter and Stormwater Engineer Jason Tomassetti reviewed the City's proposed minimum design criteria and permitting requirements to allow for the construction of bio-swales in the City Rights-of-Way. They addressed questions and received input from members of the Council regarding various implementation considerations related to the proposal. Public Comment Mr. Andrew Kirlin, Chair of the Beautification Advisory Committee, offered an alternative implementation approach for Council's consideration with a general endorsement of bio-swales offered over the phone by an Environmental Planning Specialist from the Conservancy of Southwest Florida. MOTION by Vice-Chair Grifoni, seconded by Councilor Reed, that the City adopt the design and permitting requirements for bio-swales with the Rights-of-Way as presented, and that the City Manager direct that these standards be inserted into the Construction Standards Handbook for work within the public Rights-of Way, City of Marco Island Florida Page 6 City Council Meeting Minutes - Final September 21, 2020 be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 5- Chair Brechnitz, Vice-Chair Grifoni, Councilor Honig, Councilor Reed and Councilor Roman No: 1- Councilor Folley Motion To Extend The Meeting MOTION by Councilor Reed, seconded by Vice-Chair Grifoni, to extend the City Council meeting to conclude no later than 9:45 P.M. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: Yes: 6- Chair Brechnitz, Councilor Folley, Vice-Chair Grifoni, Councilor Honig, Councilor Reed and Councilor Roman No: 1- Councilor Rios 14. Items Removed from the Consent Agenda ID 20-1031 Renewal of the Policy for FY2021 Property, Liability, and Excess Worker’s Compensation Insurance Coverage with Public Risk Insurance Agency (“PRIA”) in the amount of $993,942.00 Purchasing & Risk Manager Lina Upham outlined the key risks covered under the requested policy renewal for the benefit of the Council and the public. No public comments were received. MOTION by Councilor Rios, seconded by Councilor Reed, that the City Manager be authorized to renew the FY 2021 policy for Property, Liability and Excess Worker's Compensation Insurance coverage with Public Risk Insurance Agency (PRIA) in the amount of $993,942.00, 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 15. Council Communications & Future Agenda Councilor Honig noted that his participation in the Florida League of Cities on behalf of the City of Marco Island is coming to a close, and he urged the remaining and soon-to-be-elected members of the Council to identify a new representative to participate in the next League of Cities Zoom session on November 19th. He briefly recounted the highlights of two key discussion topics at the most recent session of that body, and he strongly recommended that the new City Council forge a strong relationship and bond with the Collier County Board of County Commissioners to ensure that the citizens of Marco Island receive their fair share of the resources that this body controls. Councilor Roman, in support of Council Honig's recommendation, asked that the City Manager create a list of recommended bodies in which representation and participation by members of the Marco Island City Council would benefit the City and citizens of the Island. Councilor Roman next noted the most recent measurements of total nitrogen in the water samples taken from the 14 testing sites around the Island that have exceeded the standards, and she recognized Council's receipt of the year five, National Pollutant Discharge Elimination System (NPDES) Stormwater Program MS4 permit report that was submitted by the City to the State of Florida. City of Marco Island Florida Page 7 City Council Meeting Minutes - Final September 21, 2020 ID 19-644 Future Agenda Items Vice-Chair Grifoni reiterated his request at the September 9th Council meeting that a review of the existing Marco Island COVID-19 Emergency Order enacted earlier this year be brought before the Council for its action. 16. Council Reports a. ID 20-1049 Modified Garage Sale Regulations - Councilor Howard Reed Councilor Reed presented his whitepaper and recommendation that the City Staff consider drafting an amendment to Sec. 30-795 - Temporary Sales of the City Ordinance to allow for up to four days per year for garage sales in residential zoning districts. b. ID 20-1050 Modified Beach Regulation Regarding Alcohol - Councilor Howard Reed Utilizing a pictorial review of the beach and park public access signs around the Island, Councilor Reed pointed out the inconsistency across the various signs and the messages that are conveyed as they relate to prohibited items and actions. He asked that the City Manager and Staff to: 1) investigate and confirm the penalties for violating the prohibitions noted on the signs; 2) identify who is responsible for enforcement; 3) provide a recommendation on communicating with the public on this, and; 4) investigate and provide a recommendation on enacting a modification to Sec. 54-36 - Regulation of Use and Conduct on the Beach to prohibit alcohol on the beach. Motion To Extend The Meeting MOTION by Chair Brechnitz, seconded by Councilor Honig, to extend the City Council meeting to conclude no later than 10:00 P.M. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: Yes: 6- Chair Brechnitz, Councilor Folley, Vice-Chair Grifoni, Councilor Honig, Councilor Reed and Councilor Roman No: 1- Councilor Rios 17. City Manager's Report City Manager McNees advised the Council that public notices regarding the City's intent to purchase two properties have been posted. He indicated a plan to conduct one-on-one discussions and a follow-up presentation to the Council on these properties on October 19th. 18. City Attorney's Report ID 19-643 City Attorney’s Report No questions were addressed to City Attorney Gabriel regarding his written report. 19. Departmental Reports ID 19-642 Monthly Departmental Reports No questions were raised by members of the Council on the Departmental Reports. City of Marco Island Florida Page 8 City Council Meeting Minutes - Final September 21, 2020 20. Citizens' Comments Mr. Andrew Kirlin, Chair of the Beautification Advisory Committee (BAC), advised the Council that the BAC had recently conducted a review of existing, City-owned property which could be helpful in assessing the new property needs of the City. 21. Adjournment There being no further business before the Council, the meeting adjourned at 9:51 P.M. ___________________________ Erik Brechnitz, Council Chair ATTEST: ___________________________ Laura Litzan, City Clerk PREPARED BY: ___________________________ Jim Kornas, Recording Specialist City of Marco Island Florida Page 9