City Council

City of Marco Island Florida 51 Bald Eagle Drive Marco Island, Florida cityofmarcoisland.com Meeting Minutes - Final Monday, October 5, 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 October 5, 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 Dave Baer, Police Captain Chris Byrne, Fire Chief Daniel J. Smith, Community Affairs Director Kelli DeFedericis, Flood Plain Coordinator Tim Pinter, Public Works Director Jeff Poteet, Water & Sewer General Manager Samantha Malloy, Parks, Culture & Recreation Manager Jose Duran, Information Technology Manager Jim Kornas, Recording Specialist Citizens and Visitors 2. Invocation Offered by Pastor Scott Kerens of the Marco Presbyterian Church. 4. Pledge of Allegiance Led by Chair Brechnitz. 5. Approval of the Agenda MOTION by Councilor Rios, seconded by Councilor Honig, that the 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 6. Approval of the Minutes ID 19-646 Approval of the City Council Meeting Minutes of September 21, 2020 Councilor Honig noted and corrected the characterization in the Minutes of September 21, 2020 regarding Chair Brechnitz's request to remove ID 20-1031 'Renewal of the Policy for the FY 2021 Property, Liability and Excess Worker's Compensation Insurance Coverage with Public Risk Insurance Agency ("PRIA")' from the Consent Agenda. MOTION by Councilor Rios, seconded by Councilor Honig, that the Minutes of the September 21, 2020 City Council Meeting be Approved as Amended. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: City of Marco Island Florida Page 1 City Council Meeting Minutes - Final October 5, 2020 Yes: 7- Chair Brechnitz, Councilor Folley, Vice-Chair Grifoni, Councilor Honig, Councilor Reed, Councilor Rios and Councilor Roman 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 20-1053 Approval of Employee Insurance Plans b. ID 20-1059 Award of Contracts to a Number of Firms for Water and Wastewater Engineering Related Services on an As-Needed Basis (RFQ 2020-020) 8. Proclamations and Presentations ID 20-1028 Employee Recognition for Years of Service City Manager McNees recognized and called forward Ms. Sharon Kovacs in honor of her 5 years of service to the City of Marco Island. Chair Brechnitz presented Ms. Kovacs with her appreciation of service recognition certificate and pin. 9. Citizens' Comments on Agenda Items Not Scheduled for Public Hearing and Items Other Than Those Appearing on the Agenda Mr. Kyle Grucci, Beachcomber St., requested consideration and action by the Council and the City Manager to explore the re-opening of access to Key Marco Island to Marco Island resident and visitor bikers and walkers without fee. City Manager McNees confirmed that discussions on this matter were underway prior to the COVID-19 State of Emergency, and that he would revive those discussions in light of Mr. Grucci's request. 10. Quasi-Judicial Public Hearing None. 11. Ordinances A. Public Hearings 1. ID 20-1063 Ordinance - Second Reading - Amendment to the Ordinance Banning Recreational Marijuana City Clerk Laura Litzan read Ordinance 20-03 into the record by title only. No comments or questions were raised by members of the Council or the public on this item. MOTION by Councilor Rios, seconded by Councilor Roman, that the second reading of Ordinance 20-03 - Amendment to the Ordinance Banning Recreational Marijuana, be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: City of Marco Island Florida Page 2 City Council Meeting Minutes - Final October 5, 2020 Yes: 7- Chair Brechnitz, Councilor Folley, Vice-Chair Grifoni, Councilor Honig, Councilor Reed, Councilor Rios and Councilor Roman 2. ID 20-1073 Ordinance - Second Reading - Amendment to the Floodplain Ordinance City Clerk Laura Litzan read Ordinance 20-04 into the record by title only. No comments or questions were raised by members of the Council. Public Comment Dr. Rich Blonna, San Marco Rd., requested clarification on Section 26-90 which was highlighted in yellow in the Floodplain Ordinance. Flood Plain Coordinator Kelli DeFedericis responded and explained the reason for the highlighted language. MOTION by Councilor Rios, seconded by Councilor Honig, that the second reading of Ordinance 20-04 - 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 20-1076 Ordinance - Second Reading - Amendment to the Noise Ordinance City Clerk Laura Litzan read Ordinance 20-05 into the record by title only. Police Chief Tracy Frazzano, assisted by Police Captain David Baer, presented background, rationale and data in support of the structure and approach of the proposed amendments to the Noise Ordinance. Councilor Reed followed Chief Frazzano's presentation with a thoughtful audio and visual demonstration of the characteristics and science of sound, highlighting issues related to its perceived nature and intensity as it is measured from various points and distances typically encountered in and around residential areas on the Island. Following active discussion and input by members of the Council, Chair Brechnitz invited members of the public to comment. The following individuals came forward: Mr. Steve Fleischer, Yarmouth St., spoke to issues of noise that he and his wife regularly experience from a rental house behind his home. He offered his comments and expertise on elements of the proposed ordinance from his perspective as a former automotive audio engineer. Ms. Christine Dowell, Biscayne Way, noted that excessive music can be found coming from rental homes as early as 7:00 A.M. Ms. Teri Sommerfeld, San Marco Rd., expressed doubt about the ability of the provisions and measurement methods outlined in the proposed Ordinance being able to adequately address the Island's noise issues. Mr. Phares Heindl, Leland Way, expressed frustration with the perceived lack of progress in addressing the Island's noise issues since 2015, and he feels that the citizens of the Island City of Marco Island Florida Page 3 City Council Meeting Minutes - Final October 5, 2020 are looking to the Council to take the time necessary on this Ordinance to "... get this right...". Mr. Ed Issler, Joy Circle, requested that the Council take into account the magnification of sound that occurs as it travels across water when it (the Council) considers establishing the threshold distances and decibel levels in the proposed Ordinance. Mr. Issler further proposed additional / alternative criteria and actions to address the concerns of residents and residential rental property owners relative to individuals inhabiting regularly-offending properties. Mr. Kevin Stanutz, June Ct., expressed his belief that Marco Island's noise issue is much more than a matter of improved enforcement by the City's police and code enforcement officials. Mr. David Romano, Amber Dr., believes that a lack of action on noise is severely impacting property values on the Island. No call-in comments were received. Following the public comments, Chair Brechnitz led the Council in identifying and establishing key metrics, reference points and limits for the proposed Noise Ordinance. Members of the Council also raised and discussed additional actions that could be undertaken to make habitual violators more accountable over time. MOTION by Councilor Reed, seconded by Councilor Honig, that the second reading of Ordinance 20-05 - Amendment to Noise Ordinance (with Council Amendments), 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 8:15 P.M. IT IS NOTED FOR THE RECORD THAT ALL COUNCILORS WERE PRESENT WHEN THE MEETING RECONVENED AT 8:25 P.M.) B. First Readings None. 12. Resolutions & City Council Items ID 20-1075 Vacation Rental Report Assistant to the City Manager Casey Lucius reviewed the results and recommendations by a City cross-department leadership team charged with gathering public input, reviewing existing practices and policies, and proposing future strategies to mitigate the effect of residential vacation rental properties on the tranquility and character of Marco's residential neighborhoods. Following comment and input from members of the Council, Chair Brechnitz opened the floor for public input. City of Marco Island Florida Page 4 City Council Meeting Minutes - Final October 5, 2020 In-person Comments Ms. Teri Somerfeld, San Marco Rd., expressed her belief that: 1) a City-managed process of registration by owners intending to rent their homes, and; 2) a City ordinance addressing maximum residential occupancy are two important tools to employ in addressing concerns related to residential vacation rentals. Mr. Phares Heindl, Leland Way, recommended that the Council approach this issue by considering a series of "baby steps" including: 1) enacting an occupational license requirement for owners of residential vacation rental properties, and; 2) defining residential vacation rentals as less than 30 days per rental or advertised as such for three times in a year. Mr. Heindl also advocated for a trial period and review of this issue after six months. Mr. Ed Issler, Joy Circle, initiated his comments by citing definitions in the City's Land Development Code and by referencing a Miami judicial ruling in 2018 which, he believes, closely parallels the residential vacation rental situation on Marco Island. He believes that there are ways to better regulate residential vacation rental properties without running afoul of the State's statutes. Mr. David Romano, Amber Dr., strongly believes that codified home occupancy limits are critically important to managing the residential vacation rental situation on the Island. Phone-in Comments Ms. Julie Rose, (street unknown), requested that the amended Noise Ordinance be given an opportunity to work before the Council considers the imposition of additional restrictions on homeowners. Ms. Sandra (last name unknown), a condominium owner, recommended that the City consider requiring property registration and a valid State and County tax ID number by residential property owners who intend to rent their homes. Ms. Holly Rennie, Amber Dr., encouraged the Council to follow the example of Stone Harbor and Avalon, New Jersey in implementing a comprehensive series of regulatory and enforcement actions in controlling short-term vacation rental activity. At the conclusion of the public comment on this item and additional follow up input from Councilors Roman and Reed, Chair Brechnitz thanked Ms. Lucius for the efforts and outputs of the City's cross-department leadership team, and he encouraged her and the team to continue developing the recommendations outlined in her report for future Council consideration and action. Motion to Extend the Meeting MOTION by Councilor Honig, seconded by Councilor Rios, to extend the City Council meeting to conclude no later than 10:00 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 13. Items Removed from the Consent Agenda None. 14. Council Communications & Future Agenda City of Marco Island Florida Page 5 City Council Meeting Minutes - Final October 5, 2020 Councilor Rios began by underscoring the importance of addressing the Beach Lighting Ordinance for the benefit of the Island's loggerhead turtle population at an upcoming meeting. He next surprised the Council and City Staff in announcing his intention to resign from the Marco Island City Council after the Council's October 19th session. Councilor Rios thanked the Council, the public and all who have supported him as he closes out this second year of his term on the Council. Chair Brechnitz and the other members of the Council thanked Councilor Rios then and toward the conclusion of the meeting for his service on behalf of the citizens of Marco Island. Councilor Honig noted the upcoming City Council Candidate Forum that is scheduled for 6:00 P.M. on Wednesday, October 7th in the Community Meeting Room. Underscoring the gravity and importance of the Council election by highlighting examples of the impact that a Marco Island City Councilor makes on the quality and direction of life on the Island, Councilor Honig encouraged all to view the Forum via the existing media and video channels that currently broadcast all City Council meetings. (NOTE: Councilor Roman left the meeting at 9:35 P.M.) Chair Brechnitz, in referencing ID 20-1053 - Approval of Employee Insurance Plans approved as part of the Consent Agenda, noted a favorable $670,000 swing in expected insurance costs for the City that was not highlighted and discussed earlier in the meeting. ID 19-647 Future Agenda Items Councilor Reed requested that his proposed discussion on 'First Amendment/Public Comment/Council Rules' be removed from the Council's Future Agenda. 15. Council Reports a. ID 20-1062 Emergency / Executive Orders - Vice Chair Jared Grifoni Recognizing the progress made in responding to the COVID-19 pandemic in the State of Florida, and the still-in-effect 'State of Local Emergency Proclamation' granting emergency powers to the City Manager by the Council on March 16, 2020, Vice-Chair Grifoni raised the question as to when a reconsideration of the 'State of Local Emergency Proclamation' might be brought forward for Council review and action. City Manager McNees indicated that this item would come forward to the Council at its October 19th meeting. b. ID 20-1072 Addition of Goals Element to City Manager’s Annual Evaluation - Councilor Greg Folley Councilor Folley presented several recommended modifications to the City Manager's annual evaluation which he had recently reviewed with the City Manager and the City Attorney. Members of the Council agreed to review the proposed modfications, provide feedback, and come prepared to vote on the adoption of the revised evaluation elements at the October 19th meeting of the Council. Motion to Extend the Meeting MOTION by Councilor Honig, seconded by Councilor Rios, to extend the City Council meeting to conclude no later than 10:10 P.M. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: Yes: 6- Chair Brechnitz, Councilor Folley, Vice-Chair Grifoni, Councilor Honig, Councilor Reed and Councilor Rios City of Marco Island Florida Page 6 City Council Meeting Minutes - Final October 5, 2020 (Note: Councilor Roman was not present for this Motion and Vote) c. ID 20-1074 Discussion - Christmas Parade - Vice Chair Jared Grifoni Vice-Chair Grifoni brought forward the prospect of having the City take responsibility for coordinating and facilitating potential parades and/or a Christmas tree-lighting activity that might come forward from local groups in response to the recently-announced cancellation of similar plans by the Christmas Island Style Committee. Public Comment Mr. Steve Stefanides, Chair of the Christmas Island Style Committee, explained the safety concerns that the Committee weighed in coming to its decision. He outlined several of the modified activity plans that the Committee is still pursuing, and he expressed disappointment that some members of the public are inappropriately blaming the City Manager for the Christmas Island Style Committee's decision. 16. City Manager's Report City Manager McNees updated the Council on two City Staff professional certifications earned as well as the October 12th start date of the newly-hired Marco Island Facilities and Fleet Manager. 17. City Attorney's Report None. 18. Departmental Reports ID 19-649 Monthly Departmental Reports The Council offered no comments on the Departmental Reports. 19. Citizens' Comments No comments were received from members of the public. 20. Adjournment There being no further business before the Council, the meeting adjourned at 10:07 P.M. ___________________________ Erik Brechnitz, Council Chair ATTEST: ___________________________ Laura Litzan, City Clerk City of Marco Island Florida Page 7 City Council Meeting Minutes - Final October 5, 2020 PREPARED BY: ___________________________ Jim Kornas, Recording Specialist City of Marco Island Florida Page 8