City Council

City of Marco Island Florida 51 Bald Eagle Drive Marco Island, Florida cityofmarcoisland.com Meeting Minutes - Final Tuesday, January 19, 2021 5:30 PM Community Meeting Room City Council Chair: Jared Grifoni Vice-Chair: Greg Folley City Council: Claire Babrowski, Rich Blonna, Erik Brechnitz, Becky Irwin, Joe Rola City Manager: Mike McNees City Attorney: Alan L. Gabriel City Clerk: Laura Litzan City Council Meeting Minutes - Final January 19, 2021 1. Call to Order Chair Grifoni called the meeting to order at 5:30 P.M. 2. Roll Call Present: 6- Councilor Blonna, Councilor Irwin, Vice-Chair Folley, Councilor Rola, Councilor Babrowski and Chair Grifoni Absent: 1- Councilor Brechnitz Also Present Michael McNees, City Manager Casey Lucius, Assistant to the City Manager Laura Litzan, City Clerk Alan L. Gabriel, City Attorney Dave Baer, Police Captain Chris Byrne, Fire Chief Daniel J. Smith, Community Affairs Director Mary Holden, Senior Planner Tonia Selmeski, Environmental Planner Lina Upham, Purchasing & Risk Manager Tim Pinter, Public Works Director Raul Perez, Chief Building Official Martin Luna, Video/Broadcast Technician Jim Kornas, Recording Specialist Citizens and Visitors 3. Invocation Offered by Reverend Jessica H. Babcock of Saint Mark's Episcopal Church. 4. Pledge of Allegiance Led by Chair Grifoni. 5. Approval of the Agenda MOTION by Vice-Chair Folley, seconded by Councilor Blonna that the Agenda be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Councilor Blonna, Councilor Irwin, Vice-Chair Folley, Councilor Rola, Councilor Babrowski and Chair Grifoni 6. Approval of the Minutes a. ID 21-1294 Approval of the City Council Comprehensive Plan Workshop Minutes of December 7, 2020 MOTION by Councilor Blonna, seconded by Councilor Rola, that the Minutes of the City Council Comprehensive Plan Workshop of December 7, 2020, be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: City of Marco Island Florida Page 1 City Council Meeting Minutes - Final January 19, 2021 Yes: 6- Councilor Blonna, Councilor Irwin, Vice-Chair Folley, Councilor Rola, Councilor Babrowski and Chair Grifoni b. ID 20-1176 Approval of the City Council Meeting Minutes of January 4, 2021 MOTION by Councilor Blonna, seconded by Vice-Chair Folley, that the Minutes of January 4, 2021, be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Councilor Blonna, Councilor Irwin, Vice-Chair Folley, Councilor Rola, Councilor Babrowski and Chair Grifoni 7. Approval of Consent Agenda MOTION by Councilor Blonna, seconded by Councilor Irwin, that the Consent Agenda be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Councilor Blonna, Councilor Irwin, Vice-Chair Folley, Councilor Rola, Councilor Babrowski and Chair Grifoni [Approval of Consent Agenda Passed the Routine Item Listed Below.] a. ID 21-1300 Award of Contracts to a Number of Companies for Public Infrastructure Construction Services on an As-Needed Basis (RFQ 2021-006) 8. Proclamations and Presentations ID 21-1307 Presentation - Safe Harbor Management Agreement Chair Grifoni recognized and led the Council in congratulating the initial group of 13 property owner recipients of Marco Island's burrowing owl Safe Harbor Management Agreement incentive. The following property owners were present, received their incentive award personally, and participated in a group photo with Chair Grifoni and members of the Audubon of the Western Everglades Owl Watch Volunteer Team: Mr. Austin Bell (Yellowbird St.) Ms. Shelli Connelly (Covewood St.) Mr. Andrew Serafin (W. Flamingo Circle) The following property owners were not present but received recognition and thanks from Chair Grifoni and the Council: (Listed alphabetically by last name) Mr. Paul Butman and Ms. Sharon Lake (McIlvaine Ct.) Mr. John and Ms. Gloria Giering (Landmark St.) Mr. John Harbeson (Strawberry Ct.) Ms. Rebecca Krisko (Sandhill St.) Mr. Steven and Ms. Christine Martucci (McIlvaine Ct.) Mr. J.D. Metzger (Spinnaker Dr.) Ms. Amanda and Mr. Casey Nowlin (Tahiti Rd.) Mr. Robert and Ms. Diane Sakuta (Pelican Ct.) Mr. Edward and Ms. Tamara Skrzynski (San Marco Rd.) Mr. Shane Willis (Fairlawn Ct.) City of Marco Island Florida Page 2 City Council Meeting Minutes - Final January 19, 2021 Vice-Chair Folley took a moment to thank the leadership of the Beach & Coastal Resources Advisory Committee, the Audubon of the Western Everglades and City Council Chair Grifoni for working together to make this program a model for conservation efforts across the country. 9. Citizens' Comments on Agenda Items Not Scheduled for Public Hearing and Items Other Than Those Appearing on the Agenda Mr. Phillip Kostelnik (Channel Ct.) noted the Council's approval of the Consent Agenda item earlier in the evening on public infrastructure construction services and requested that the City address the repair of potholes that he has observed on Barfield Road between San Marco Road and Collier Boulevard. 10. Quasi-Judicial Public Hearing No quasi-judicial items were brought before the Council at this meeting. 11. Ordinances A. Public Hearings ID 21-1304 Ordinance - Second Reading - Proposed Changes to the City of Marco Island Code of Ordinances Chapter 38 - Planning, Creating an Application Methodology and General Review Requirements for Amendments to the Comprehensive Plan City Clerk Laura Litzan read Ordinance 21-02 into the record by title only. Community Affairs Director Dan Smith outlined the modifications implemented since the first reading of this Ordinance in January, and he addressed questions and concerns raised by members of the Council. City Manager McNees also provided clarification and insight on the relationship between this Ordinance and the development of the next generation of the City's Comprehensive Plan. No public comments were brought forward. MOTION by Councilor Blonna, seconded by Vice-Chair Folley, that Ordinance 21-02 - Second Reading - Proposed Changes to the City of Marco Island Code of Ordinance Chapter 38 - Planning, Creating an Application Methodology and General Review Requirements for Amendments to the Comprehensive Plan AND the Accompanying Fee Resolution, be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Councilor Blonna, Councilor Irwin, Vice-Chair Folley, Councilor Rola, Councilor Babrowski and Chair Grifoni B. First Readings 1. ID 21-1298 Ordinance - First Reading - Updating City’s Travel Policies and Procedures City Clerk Laura Litzan read the Ordinance into the record by title only. Purchasing and Risk Manager Lina Upham highlighted the reasons and need for this updating City of Marco Island Florida Page 3 City Council Meeting Minutes - Final January 19, 2021 to the City's Travel Policies and Procedures Ordinance, and she addressed questions from members of the Council. City Attorney Alan Gabriel also provided clarification on this Ordinance's interpretation related to the pre-approval of travel by members of the Council. No public comments were brought forward. MOTION by Councilor Irwin, seconded by Vice-Chair Folley, that the Ordinance - First Reading - Updating the City's Travel Policies & Procedures, be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Councilor Blonna, Councilor Irwin, Vice-Chair Folley, Councilor Rola, Councilor Babrowski and Chair Grifoni 2. ID 21-1303 Ordinance - First Reading - Proposed Revisions to Article V. - Sea Turtle Protection City Clerk Laura Litzan read the Ordinance into the record by title only. City Environmental Planner Tonia Selmeski presented a brief video and descriptive slides highlighting the most noteworthy proposed revisions to the Ordinance, and she provided response to the many questions raised by members of the Council. Following extensive discussion by the Council (most notably on the proposed 15% light transmittance standard for new construction and improvements to existing structures within view of, and visible from, the beach), Ms. Maria Lamb, Chair of the City's Beach & Coastal Resources Advisory Committee, shared her concerns with several aspects of the proposed Ordinance as presented and indicated her disapproval of the Ordinance as drafted. No other members of the public provided comment. MOTION by Councilor Blonna, seconded by Vice-Chair Folley, that Ordinance - First Reading - Proposed Revisions to Article V. - Sea Turtle Protection incorporate Council inputs and proceed toward a SECOND READING before the Council at a future date. MOTION WITHDRAWN. NO VOTE TAKEN. MOTION by Vice-Chair Folley, seconded by Councilor Blonna, that the Ordinance - First Reading - Proposed Revisions to Article V. - Sea Turtle Protection BE DEFERRED and return to the Council for FIRST READING review after the City Staff and the Beach & Coastal Resources Advisory Committee engage in more comprehensive, shared development on the proposed Ordinance. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Councilor Blonna, Councilor Irwin, Vice-Chair Folley, Councilor Rola, Councilor Babrowski and Chair Grifoni (THE MEETING WENT INTO RECESS AT 7:04 P.M. IT IS NOTED FOR THE RECORD THAT THE SIX COUNCILORS WERE PRESENT WHEN THE MEETING RECONVENED AT 7:15 P.M.) City of Marco Island Florida Page 4 City Council Meeting Minutes - Final January 19, 2021 3. ID 21-1302 Ordinance - First Reading - Proposed Revisions to Section 30-783 - Construction Temporary Use Permit and Section 30-264 - Heavy Commercial (C-5) District - Conditional Use to Allow for the Manufacturing of Concrete Seawall Panels City Clerk Laura Litzan read the Ordinance into the record by title only. Community Affairs Director Dan Smith summarized the previous City Council's direction on this matter, and he provided definitional information and recommendations from local marine contractors to help inform the Council's deliberations on this Ordinance. The Council engaged Mr. Smith in extensive questioning and discussion, and heard from Marco Island resident Steve Sokol, owner of Blue Marlin Marine Construction, on this matter as well. No other members of the marine contractor community or the public provided comment. The Council recognized that no public notification or discussion regarding the on-Island manufacturing of concrete seawall panels in Marco Island's Heavy Commercial (C-5) District had been undertaken prior to the first reading of this Ordinance. MOTION by Councilor Babrowski, seconded by Councilor Rola, that Ordinance - First Reading - Proposed Revisions to Section 30-783 - Construction Temporary Use Permit WITHOUT Corresponding Revisions to Section 30-264 - Heavy Commercial (C-5) District - Conditional Use to Allow for the Manufacturing of Concrete Seawall Panels, be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Councilor Blonna, Councilor Irwin, Vice-Chair Folley, Councilor Rola, Councilor Babrowski and Chair Grifoni 4. ID 21-1318 Ordinance - First Reading - Proposed Changes to Sec. 2-204 - Terms of Members City Clerk Laura Litzan read the Ordinance into the record by title only. Councilor Irwin, sponsor of this item on the agenda, shared her proposed changes to Sec. 2-204 - Terms of Members of existing Ordinance 13-04. Councilor Blonna offered an alternative proposal, explained his rationale, and made a Motion in support of his alternative. Vice-Chair Folley seconded the Motion. Following a constructive and collaborative discussion between members of the Council, Councilor Blonna and Vice-Chair Folley amended the Motion as noted. Chair Grifoni asked City Attorney Alan Gabriel to provide feedback and a recommendation on the application of this revision on ad-hoc committees prior to this Ordinance coming before the Council for its second reading. Public Comment: Ms. Christine Dowell, Biscayne Way, requested clarification on when the revised term limitations might go into effect. Mr. David Crain, Gayer Way, shared his belief that eight years as a member of any Committee is fully adequate. City of Marco Island Florida Page 5 City Council Meeting Minutes - Final January 19, 2021 Mr. Philip Kostelnik, Channel Ct., related his perspective on the benefits of engaging experienced citizen volunteers on the City's Committees and Boards. MOTION by Councilor Blonna, seconded by Vice-Chair Folley, that Ordinance - First Reading - Proposed Changes to Sec. 2-204 - Terms of Members be Amended to now state that: "No members appointed to the Planning Board may serve more than a total of eight (8) continuous years. All other members of Boards, Committees or Commissions may serve no longer than a total of twelve (12) years on any single Committee", be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Councilor Blonna, Councilor Irwin, Vice-Chair Folley, Councilor Rola, Councilor Babrowski and Chair Grifoni 12. Resolutions & City Council Items a. ID 20-1291 Resolution Approving the Appointment of Volunteers to Boards and Committees Chair Grifoni briefly outlined the nomination and appointment process to proceed as follows: The selection order will be alphabetical by Councilor and by Committee (or Board), beginning with the Beach & Coastal Resources Committee, and rotating among the Councilors so that each Councilor will have an opportunity to nominate one "first" candidate for a Committee (or Board). Councilor Babrowski's nomination to the Planning Board will follow the other nominations and, in deference to the Council members, the Council Chair will make his nomination to the Planning Board last. Following the identification of each Committee's (or Board's) nominees, the Chair will ask the Council to ratify that Committee's (or Board's) nominees by consensus. At the conclusion of all Committee (and Board) nominations and ratifications, the Council will vote on the Resolution, thus confirming the appointments. Committee Selections: Beach & Coastal Resources Advisory Committee Councilor Blonna - (deferred his selection) Vice-Chair Folley - Mr. Jim Scarpa Chair Grifoni - Mr. Nathaniel O'Donnell Councilor Irwin - (deferred her selection) Councilor Rola - Ms. Sally Ganem Beautification Advisory Committee Vice-Chair Folley - Mr. Dustin Nesmith Chair Grifoni - Ms. Shelli Connelly Councilor Irwin - (deferred her selection) Councilor Rola - Mr. James Eby Councilor Blonna - (deferred his selection) Parks & Recreation Advisory Committee Chair Grifoni - Ms. Adrian Conner City of Marco Island Florida Page 6 City Council Meeting Minutes - Final January 19, 2021 Councilor Irwin - Ms. Allyson Richards Councilor Rola - Mr. Dave Shagott Councilor Blonna - Dr. Carlos Portu Vice-Chair Folley - Mr. Doug Kelly Planning Board Councilor Irwin - Mr. Geoff Fahringer Councilor Rola - Mr. Ed Issler* / Ms. Nanette Rivera Councilor Blonna - Mr. Larry Honig Vice-Chair Folley - Mr. Mike Hogan Councilor Babrowski - Mr. Jason Bailey Chair Grifoni - Mr. Dave Vergo * Upon Chair Grifoni's request for consensus of the Planning Board nominees, Councilor Blonna read prepared remarks that raised objection to Mr. Issler's nomination. Following discussion among members of the Council, a Motion was made, and a Vote was taken. MOTION by Councilor Blonna, seconded by Councilor Irwin, that the nomination and appointment of Mr. Ed Issler to the Planning Board be rejected. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 4- Councilor Blonna, Councilor Irwin, Councilor Babrowski and Chair Grifoni No: 2- Vice-Chair Folley and Councilor Rola Following the Motion and Vote, Councilor Rola nominated Ms. Nanette Rivera to the Planning Board. The Council then ratified the Planning Board list of nominees, with Ms. Rivera included, by consensus. Waterways Advisory Committee Councilor Rola - Mr. Eugene Wordehoff Councilor Blonna - Mr. David Crain Vice-Chair Folley - Mr. Martin Winter Chair Grifoni - Mr. Steven Sokol Councilor Irwin - (deferred her selection) City Clerk Laura Litzan read Resolution 21-09 into the record by title only. No public comment was received on any of the nominations. MOTION by Councilor Irwin, seconded by Councilor Blonna, that Resolution 21-09 - Approving the Appointment of Volunteers to Boards and Committees, be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Councilor Blonna, Councilor Irwin, Vice-Chair Folley, Councilor Rola, Councilor Babrowski and Chair Grifoni b. ID 21-1308 Rezone Petition Request - Requesting Continuation to February 1, 2021 City Council Meeting of Rezone Petition request (REZN-20-000136) to Rezone from Commercial Professional C-1 to Planned Unit Development (PUD) for San Marco Senior Living Facility Located at 40 South Heathwood Drive, Marco Island, FL 34145 No discussion by the Council. City of Marco Island Florida Page 7 City Council Meeting Minutes - Final January 19, 2021 No public comment was received. MOTION by Councilor Babrowski, seconded by Councilor Blonna, that the Rezone Petition Request - Requesting Continuation to February 1, 2021 City Council Meeting of Rezone Petition Request (REZN-20-000136) to Rezone from Commercial Professional C-1 to Planned Unit Development (PUD) for San Marco Senior Living Facility Located at 40 South Heathwood Drive, Marco Island, FL 34145, be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Councilor Blonna, Councilor Irwin, Vice-Chair Folley, Councilor Rola, Councilor Babrowski and Chair Grifoni 13. Items Removed from the Consent Agenda No items were removed from the Consent Agenda at this meeting. 14. Council Communications & Future Agenda After requesting an item for discussion under 'Future Agenda Items', Councilor Blonna notified the Council of his unsuccessful application for appointment to the Acquisitions Committee of Conservation Collier, as well as his collaboration with the leadership of the Audubon of the Western Everglades in identifying parcels on Marco Island that could be recommended to Conservation Collier for purchase and preservation in line with Conservation Collier's mission. Councilor Babrowski briefly reported the following observations and insights that she gathered from her onboarding discussions with City Staff and her debriefings with City Committee and Board members appointed by former Councilor Victor Rios: 1) Though City Staff leaders exhibit impressive technical competence and possess a deep, relevant experience base, documented institutional knowledge and clear lines of capable succession talent within the City employee base are not apparent, and; 2) In speaking with the volunteer Committee and Board members with whom she met, Councilor Babrowski identified confusion on some Committees relative to their alignment with the strategic direction of the City Council. She recommended: a) periodic engagement by the City Manager to enhance his visibility with the Committees; b) at minimum, once-annual scheduled Committee Chair reports to the Council to align strategic priorities, and; c) updates to the stated Charter of certain Committees and/or Boards. In support of Coucilor Babrowski's recommendations, Chair Grifoni noted previous Council discussions on the Council's engagement with the City's Boards and Committees, and he looked to City Manager McNees to implement a schedule of reviews with the Council. Chair Grifoni continued his Council Communications remarks by: 1) Congratulating the Parks & Recreation Department Staff on its excellent execution of the January 9th Island Rocks Concert at Veterans' Community Park under unseasonably cool weather conditions; 2) Encouraging the City Staff to develop and budget higher-visibility awareness tools and campaigns promoting future Community-wide events and activities at Veterans' Community Park, and by; 3) Noting that the recently-completed shared-use path on San Marco Road leading to Marco Island Academy has insufficient pedestrian lighting to safely illuminate the path for students, bicyclists and others. In line with Chair Grifoni's comments on lights and pathway lighting, Councilor Blonna requested that City of Marco Island Florida Page 8 City Council Meeting Minutes - Final January 19, 2021 consideration be given to installing crosswalk warning lights in the Tommie Barfield School Zone crossing at Cushing and San Marco Road. (Editorial Note: Public Works Director Tim Pinter indicated that he would review the budget available in the current budget year and provide a response to the Council). Additionally, Councilor Irwin raised a question regarding the application of red crossing lights for the beach access crossing near Maple Ave. and S. Collier Boulevard. (Editorial Note: Public Works Director Tim Pinter responded). ID 20-1177 Future Agenda Items Councilor Blonna notified the Council of his white paper submission on 'Water Quality' and registered a request for his brief presentation on this topic under 'Council Reports' at a future meeting of the Council. 15. Council Reports None. 16. City Manager's Report City Manager McNees commented on his observations and experiences regarding pedestrian lighting as raised by members of the Council, and then directed the Council's attention to the renewal of the City's AA1 credit rating by Moody's Investor Service bond credit rating agency. a. ID 21-1316 Discussion of Red Tide/Fish Kills Noting the high costs associated with mobilizing, harvesting and demobilizing a contractor-sourced effort to clean up periodic fish kills, as well as the alternative costs of purchasing or adapting existing City equipment and training and protecting City employees to respond, City Manager McNees outlined his thought process for addressing this periodic phenomenon. After much Council discussion, questioning and shared insights, Chair Grifoni requested that the City Manager, City Attorney and City Staff: 1) define the level of fish kill severity at which the City would recommend hiring a contractor to address the issue; 2) Investigate the cost to equip and train City employees to address acute future fish kill deposits in canals and waterways; 3) Ascertain the City's risks, responsibilities and requirements should it decide to support volunteer fish kill cleanup efforts, and; 4) Develop a tiered response plan that measures and responds to varying degrees of fish kill intensity and dispersion in the City's canals and waterways. b. Marco Island COVID-19 Vaccination Clinic In a late-breaking opportunity made possible through the efforts of Fire Chief Chris Byrne and the Marco Island Fire Rescue team, City Manager McNees notified the Council and the public of a COVID-19 vaccine inoculation opportunity at Veterans' Community Park on Friday, January 22 beginning at 9:00 A.M. Given the limited number of vaccine doses available, City Manager McNees outlined and stressed the specific eligibility requirements, means and timetable for citizens to schedule an inoculation reservation. c. ID 21-1305 Vacation Rental Report City of Marco Island Florida Page 9 City Council Meeting Minutes - Final January 19, 2021 Assistant to the City Manager Casey Lucius highlighted the key elements of the City's Vacation Rental Report and responded to questions raised by members of the Council. No public comments were received on her report. Motion to Extend the Meeting MOTION by Councilor Irwin, seconded by Vice-Chair Folley, to extend the City Council meeting to conclude no later than 9:40 P.M., be Approved. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: Yes: 6- Councilor Blonna, Councilor Irwin, Vice-Chair Folley, Councilor Rola, Councilor Babrowski and Chair Grifoni 17. City Attorney's Report ID 20-1178 City Attorney’s Report City Attorney Alan Gabriel referenced his report as attached to the Agenda and did not highlight any items that required specific Council attention. 18. Departmental Reports ID 20-1179 Monthly Departmental Reports No Council or public comments were received on the Department Reports. 19. Citizens' Comments No public comments were offered during this portion of the Agenda. 20. Adjournment There being no further business before the Council, the meeting adjourned at 9:30 P.M. ___________________________ Jared Grifoni, Council Chair ATTEST: ___________________________ Laura Litzan, City Clerk PREPARED BY: ___________________________ Jim Kornas, Recording Specialist City of Marco Island Florida Page 10