City Council

City of Marco Island Florida 51 Bald Eagle Drive Marco Island, Florida cityofmarcoisland.com Meeting Minutes - Final Monday, February 1, 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 February 1, 2021 1. Call to Order Chair Grifoni called the meeting to order at 5:30 P.M. 2. Roll Call Present: 7- Councilor Blonna, Councilor Irwin, Councilor Brechnitz, Vice-Chair Folley, Councilor Rola, Councilor Babrowski and Chair Grifoni Also Present Michael McNees, City Manager Casey Lucius, Assistant to the City Manager Alan L. Gabriel, City Attorney Dave Baer, Police Captain Dave Batiato, Deputy Fire Chief Guillermo Polanco, Finance Director Daniel J. Smith, Community Affairs Director Mary Holden, Senior Planner Lina Upham, Purchasing & Risk Manager Tim Pinter, Public Works Director Miguel Carballo, Fleet & Facilities Manager Jose Duran, Information Technology Director 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 Chair Grifoni indicated the addition of a Proclamation recognizing "Flags for Heroes Week" as Item 8b. on the Agenda. MOTION by Councilor Brechnitz, seconded by Councilor Blonna that the Amended Agenda be Approved. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: Yes: 7- Councilor Blonna, Councilor Irwin, Councilor Brechnitz, Vice-Chair Folley, Councilor Rola, Councilor Babrowski and Chair Grifoni 6. Approval of the Minutes ID 20-1181 Approval of the City Council Meeting Minutes of January 19, 2021 MOTION by Vice-Chair Folley, seconded by Councilor Brechnitz, that the City Council Minutes of January 19, 2021 be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: City of Marco Island Florida Page 1 City Council Meeting Minutes - Final February 1, 2021 Yes: 7- Councilor Blonna, Councilor Irwin, Councilor Brechnitz, Vice-Chair Folley, Councilor Rola, Councilor Babrowski and Chair Grifoni 7. Approval of Consent Agenda No items were placed on the Consent Agenda for Council consideration at this meeting. 8. Proclamations and Presentations a. ID 21-1323 Employee Recognition for Years of Service City Manager McNees recognized and called forward the following City employees to receive their appreciation of service recognition award as presented by City Council Chairman Jared Grifoni. 1) Mr. Juan Cabezas (5 years), Mr. Jeffery Kutzke (10 years, and a second-generation member of the Marco Island Fire Rescue team), and Ms. Sherry Kirsch (15 years). b. Flags for Heroes Proclamation Chair Grifoni voiced and presented a Proclamation announcing "Flags for Heroes Week - February 14 - 19, 2021" to Ms. Linda Sandlin, President of the Marco Island Rotary Club Noontime. Ms. Sandlin thanked Chair Grifoni, and she briefly highlighted the Club's planned activities which will officially 'kick-off' the week on Monday, February 15th at 5:00 P.M. at the corner of San Marco Road and Sandhill Street. All are invited to attend. c. ID 21-1341 Collier County Programs and Services - Crystal K. Kinzel, Clerk of the Circuit Court and Comptroller Collier County Clerk of Circuit Court and Comptroller Crystal Kinzel shared an overview of the many and varied free services and information resources available to County residents and visitors online at www.collierclerk.com. Ms. Kinzel also expressed her desire and intention to re-establish a County resource office on Marco Island for the benefit of the Island's residents, business owners and guests. 9. Citizens' Comments on Agenda Items Not Scheduled for Public Hearing and Items Other Than Those Appearing on the Agenda Ms. Mary Ann Maniace (Eagle Creek Dr., Naples) alerted the Council to her safety concerns regarding construction debris on the roadway on and around East Elkcam Circle and Bald Eagle Drive. She requested greater City Code Enforcement Department attention and focus in this area. Mr. Joe Oliverio (Caxambas Ct.) offered compliments and praise for the helpfulness and responsiveness of the City's Growth Management and Building Service Departments in the servicing of his recent online permit submissions and requests. Mr. Mario Curiale (Eubanks Ct.) acknowledged the newly-elected members of the Council and requested that the City Council work together to maintain the pedestrian and vehicular safety characteristics of the Island. 10. Quasi-Judicial Public Hearing ID 21-1326 Ordinance - First Reading - Rezone Petition Request (REZN-20-000136) to Rezone from Commercial Professional C-1 to Planned Unit Development (PUD) for San Marco Senior Living Located at 40 South City of Marco Island Florida Page 2 City Council Meeting Minutes - Final February 1, 2021 Heathwood Drive, Marco Island, FL 34145 Assistant to the City Manager Casey Lucius read the Ordinance 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 Petitioner's appeal. Community Affairs Director Daniel J. Smith then presented an overview and a visual presentation of the Petitioner's rezoning request, highlighting the site and surrounding area, the results of the City Staff's analysis, and the recommendations of the City Staff and the Planning Board. Members of the Council raised numerous questions and concerns for Mr. Smith to address. Given the duration of Council session to this point and in anticipation of a similar discussion with the Petitioner and those speaking on his behalf, Chair Grifoni called for a brief five-minute recess before hearing from individuals testifying for the Petitioner. (THE MEETING WENT INTO RECESS AT 6:32 P.M. IT IS NOTED FOR THE RECORD THAT ALL COUNCILORS WERE PRESENT WHEN THE MEETING RECONVENED AT 6:37 P.M.) Upon the reconvening of the Council's hearing, Attorney Craig Woodward of Woodward, Pires & Lombardo, P.A., introduced the Petitioner, Mr. Walt Chancey, Co-Managing Partner of Chancey Design of Tampa, Florida, to review the history of the development of the proposed project as well as the salient elements and characteristics of the senior living center that is proposed to be built on the site. Mr. Patrick Vanasse, AICP and Director of Planning / Project Manager with RWA Engineering of Naples, Florida, testified on behalf of the Petitioner on the proposed plan in relation to the City of Marco Island's Land Development Code and the existing allowed property uses around the site of the proposed Planned Unit Development (PUD). Ms. Peggy Beasley, Executive Director of Watermark Retirement Communities, Venice, Florida, also testified on behalf of the Petitioner. Ms. Beasley related details regarding Watermark's portfolio of retirement community properties across 22 states, as well as its specific plans for the proposed facility Following a brief wrap-up of the presentations by the above-noted parties from Mr. Patrick Vanasse, City Councilor Rola displayed and reviewed an eight-slide presentation of questions related to the PUD and certain elements of the Petitioner's development plan. Mr. Vanasse addressed and provided response to a number of Councilor Rola's questions. Councilor Folley followed with a question regarding the plan for an emergency helicopter landing pad, and Mr. Chancey provided a response. Chair Grifoni then called for public comment. Mr. Bruce Merklinghaus (San Marco Rd.) expressed his concerns regarding the level of overall medical support for the residents of Marco Island - both within the context of the proposed retirement community's plan, as well as in the lack of commitment from Naples Community Hospital in the building of a new urgent care facility on the site. Ms. Stacy Witthoff (Lilac Ave.) relayed her family's situation regarding off-Island care for her long-time Marco Island resident mother, and she expressed support for the Petitioner's re-zoning request and proposed on-Island retirement community project. Ms. Pat Pattison (via telephone), raised the following questions: 1) why were the study results on this proposed facility by noted researcher Dr. Margaret Wylde, President & CEO of ProMatura Group LLC of Oxford, MS not made public?; 2) has the collaboration of for-profit and not-for-profit entities on a single City of Marco Island Florida Page 3 City Council Meeting Minutes - Final February 1, 2021 site been vetted with the IRS?, and; 3) what provisions are in place to ensure that hourly employees of the proposed retirement community will show up to assist in any future mandatory evacuation ordered by the State? Ms. Natalie Kirstein (Rialto Way, Naples) shared her situation regarding care for her elderly mother, and she expressed support for both the proposed retirement community and a new urgent care facility for the Island. Mr. Bill Flasche (via telephone), expressed support for the proposed Planned Unit Development with two conditions: 1) that Marco Island residents be giving placement priority when beds become available, and; 2) that Naples Community Hospital not be released from establishing a 'mini hospital' on the proposed site. Former City Councilor Howard Reed (Bald Eagle Dr.) displayed wording from the existing Marco Island Code of Ordinances regarding "unified control", and called into question whether two, distinct entities - Marco Island Hospital, Inc., a Florida not-for-profit associated with Naples Community Hospital, and Marco Island Senior Living LLC, associated with for-profit Watermark Retirement Communities - can share in a single, Planned Unit Development and legitimately meet the standards of "unified control". He further questioned the ability for Watermark to guarantee that hourly staff support would be present and available to assist in a mandatory evacuation scenario, and he called into question Naples Community Hospital's plan to sell a portion of the property that was donated to it and developed into its current utilization through the efforts of, and funding by, Marco Island residents. (Editorial Note: Mr. Rich Kearns ceded his allotted time to speak to provide Mr. Reed the extended time to deliver his remarks) Mr. Jack Patterson, a 22 year full-time resident of Marco Island, noted the many benefits to Marco Island in approving the proposed Planned Unit Development, and he pointed out the Planning Board and the City Staff's endorsement of the proposal. He strongly urged the Council's approval. Mr. Mario Curiale (Eubanks Ct.) indicated that he saw the proposed PUD as an asset to the Island, and he urged the Council's approval, assuming that Marco Island residents are given placement priority when beds become available. Ms. Margaret Merklinghaus (San Marco Rd.) raised a question regarding the retirement community's plan to operate its own ambulance, and she expressed concern with this proposed facility taxing the City's already-limited ambulance services. She also expressed concern with the proposed plan to have only one, qualified nurse on duty to service 86 patients, and she feels that the approval of the Petitioner's request is premature. Ms. Teri Sommerfeld (San Marco Rd.) feels that density, and the manipulations of it to accommodate the Petitioner's request, is a scam. She agrees with former Councilor Reed's assessment regarding "unified control", and she suggested that the Council consider the broader potential of other Petitioners coming forward with assisted living facility plans before committing to this current proposal. Ms. Sommerfeld concluded by noting that resources currently exist on the Island to help people age in place. Following Public Comment, Attorney Craig Woodward and Mr. Patrick Vanasse provided additional response to the questions raised by Councilor Rola and others earlier in the hearing. Councilor Brechnitz and Vice-Chair Folley took the lead at this point in the hearing, and sought clarification and guidance from City Attorney Gabriel, Community Affairs Director Dan Smith and the Petitioner's representatives on the topics of: 1) unified control; 2) density, and; 3) commitments by Naples Community Hospital in the development of a state-of-the-art urgent care center on the site. Councilor Brechnitz specifically asked that the letter that he received from Naples Community Hospital leadership be included in the record. (Editorial Note: The referenced letter is attached under 'Meeting Details' for this meeting on the City of Marco Island website) City of Marco Island Florida Page 4 City Council Meeting Minutes - Final February 1, 2021 Chair Grifoni summarized the open items requiring additional investigation and study to be: 1) defining the standards of "unified control"; 2) reaching a definitive understanding regarding the City and the Petitioner's agreement and responsibilities relative to the proposed passive park on the grounds of the PUD; 3) gaining Naples Community Hospital commitment on a new urgent care facility, and; 4) developing a definitive response and/or plan on the question of an emergency helicopter landing pad for the Island MOTION by Councilor Irwin, seconded by Councilor Blonna, that the Ordinance - First Reading - Rezone Petition Request (REZN-20-000136) to Rezone From Commercial Professional C-1 to Planned Unit Development (PUD) for San Marco Senior Living Located at 40 South Heathwood Drive, Marco Island, FL 34145 be Approved and Advanced to a Second Reading with the provision that the identified outstanding issues be investigated and addressed. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Councilor Blonna, Councilor Irwin, Councilor Brechnitz, Vice-Chair Folley, Councilor Babrowski and Chair Grifoni No: 1- Councilor Rola (THE MEETING WENT INTO RECESS AT 8:29 P.M.. IT IS NOTED FOR THE RECORD THAT SIX OF THE SEVEN COUNCILORS WERE PRESENT WHEN THE MEETING RECONVENED AT 8:35 P.M. (COUNCILOR ROLA DID NOT RETURN UNTIL 8:37 P.M. AND DID NOT PARTICIPATE IN THE VOTE ON AGENDA ITEM 11.1 - "ORDINANCE - SECOND READING - UPDATING CITY'S TRAVEL POLICIES AND PROCEDURES")) 11. Ordinances A. Public Hearings 1. ID 21-1329 Ordinance - Second Reading - Updating City’s Travel Policies and Procedures City Attorney Alan Gabriel read Ordinance 21-03 into the record by title only. City Purchasing & Risk Manager Lina Upham briefly reminded the Council of the purpose of this Ordinance as was initially reviewed and discussed at its First Reading during the Council's January 19, 2021 regular meeting. No public comment was received. MOTION by Vice-Chair Folley, seconded by Councilor Brechnitz, that Ordinance 21-03 - Second Reading - Updating the City's Travel Policies and Procedures, be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Councilor Blonna, Councilor Irwin, Councilor Brechnitz, Vice-Chair Folley, Councilor Babrowski and Chair Grifoni City of Marco Island Florida Page 5 City Council Meeting Minutes - Final February 1, 2021 Not Present: 1- Councilor Rola 2. ID 21-1335 Ordinance - Second Reading - Amending Chapter 2, Article IV, Boards and Commissions, of the Code of Ordinances Assistant to the City Manager Casey Lucius read Ordinance 21-04 into the record by title only. Councilor Brechnitz, who was not present at the January 19th meeting, raised concern with the language and application of the proposed Ordinance. All of the Councilors engaged in additional communication and sharing on this item. Public Comment Mr. Mario Curiale (Eubanks Ct.) expressed his opinion that a term of eight (8) years, regardless of Committee or Board assignment, was more than sufficient for citizens to participate and contribute to the governing process of the City. MOTION by Councilor Irwin, seconded by Councilor Blonna, that Ordinance 21-04 - Second Reading - Amending Chapter 2, Article IV, Boards and Commissions, of the Code of Ordinances, be Approved. MOTION FAILED: Yes: 1- Vice-Chair Folley No: 6- Councilor Blonna, Councilor Irwin, Councilor Brechnitz, Councilor Rola, Councilor Babrowski and Chair Grifoni 3. ID 21-1342 Ordinance - Second 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 Assistant to the City Manager Casey Lucius read Ordinance 21-05 into the record by title only. Community Affairs Director Daniel J. Smith summarized the discussion and direction given by the Council at the First Reading of this Ordinance on January 19th, and he provided clarification on questions raised by select members of the Council. Public Comment Mr. Mario Curiale (Eubanks Ct.) raised concern with certain marine contractors and other construction companies that abuse the spirit of temporary use permits and populate property parcels with needless "junk". He cited several specific examples that have affected him personally. MOTION by Councilor Rola, seconded by Vice-Chair Folley, that Ordinance 21-05 - Second Reading - Proposed Revisions to Section 30-783 - Construction Temporary Use Permit, and Section 30-264 - Heavy Commercial C-5 District - with revision of Lines 112 and 117 to clarify the requirements between general staging and marine staging AND prohibiting the manufacturing of seawall panels in any zoning district, be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Blonna, Councilor Irwin, Councilor Brechnitz, Vice-Chair Folley, Councilor Rola, Councilor Babrowski and Chair Grifoni City of Marco Island Florida Page 6 City Council Meeting Minutes - Final February 1, 2021 B. First Readings (See #10 above - Quasi-Judicial Public Hearing) 12. Resolutions & City Council Items None. 13. Items Removed from the Consent Agenda No items were removed from the Consent Agenda at this meeting. 14. Council Communications & Future Agenda Councilor Blonna, in follow-up on a Council Communications item that he shared at the Council's January 19th meeting, indicated that, in cooperation with the Audubon of the Western Everglades and Conservation Collier, three (3) property parcels for potential conservation 'banking' have been identified. He has drafted three corresponding letters that he proposes be sent to the existing property owners of these parcels and, on the advice of Chair Grifoni, he will provide them to the City Manager for scheduling as an item to review at a future meeting of the Council. Vice-Chair Folley read a prepared document offering observations regarding actions undertaken and Executive Orders issued by the newly-installed Biden administration in Washington. In anticipation that some or many of the policies of the new Administration may eventually affect the beliefs and principles that the citizens of Marco Island hold dear, he invited his fellow Councilors and citizens to join in preparing to rebuff those policies by all legal means possible. Councilor Babrowski questioned the scheduled March 2021 review of the Sea Turtle Ordinance in light of the differences that exist between the Beach & Coastal Resources Advisory Committee's proposals and the proposals brought forward by the City Staff at the Council's January 19th meeting. She proposed that more time be provided to allow the newly-appointed Beach & Coastal Resources Advisory Committee to engage with the City Staff on a revised Ordinance. Councilor Brechnitz shared an update on the output of the first meeting of the Marco Island Community Parks Foundation Board, as well as subsequent developments in the actions and direction of the Foundation. Chair Grifoni thanked Vice-Chair Folley for his comments during Council Communications at this meeting, and he indicated his desire for the Council to fully uphold and defend the rights of the citizens of Marco Island. ID 20-1182 Future Agenda Items Councilor Blonna requested that a review of his drafted letters to existing owners of potential conservation 'banking' property parcels be placed on a Future Agenda of the Council. 15. Council Reports ID 21-1346 Water Quality Update - Councilor Richard Blonna Councilor Blonna outlined his purpose in bringing forward his position paper on water quality, and he thanked several members of the Waterways Advisory Committee, the City Council and the City Staff for the work that they have done to raise the City's responsiveness to this issue. With an intention to engage and educate a greater number of residents and guests of Marco Island on the facts and the myths surrounding the Island's surrounding water quality, he proposed the scheduling of one or more public City of Marco Island Florida Page 7 City Council Meeting Minutes - Final February 1, 2021 workshops on this topic during 2021. After much discussion and idea generation from other members of the Council as to how to best accomplish his objectives, Councilor Blonna agreed to work with City Manager McNees and Public Works Director Pinter in developing a definitive public engagement and education plan. 16. City Manager's Report City Manager McNees shared news with the Council on an agreement with the Collier County Department of Health allowing the City of Marco Island to prioritize its oldest citizens first in any future COVID-19 vaccine events. Given this opportunity and the significant executional enablers that must be activated to allow this to be administered successfully, no vaccination event is being scheduled on Marco Island for the week of February 1st. The rollout of a Marco Island-specific registration process and the resumption of regular COVID-19 vaccination events on the Island will begin as soon as the registration process is fully defined and communicated to the Council and the public. Mr. McNees followed this report on the updated vaccine distribution plan by acknowledging the placement of two City Department leaders on Administrative Leave. He assured the Council that his investigation and course of action will be announced within 48 hours. ID 21-1345 Surplus Property Report Given the late stage of the meeting, the Council concurred with Mr. McNees's recommendation to defer his discussion on Surplus City Properties to a future meeting of the Council. 17. City Attorney's Report None. 18. Departmental Reports ID 20-1180 Monthly Departmental Reports No questions or comments were raised by members of the Council or the public on the Monthly Department Reports. 19. Citizens' Comments Mr. David Crain, Vice-Chair of the Waterways Advisory Committee, conveyed the Committee's interest in helping to engage and educate the public on water quality as proposed by Councilor Blonna, and he asked that the Council continue to keep the Waterways Advisory Committee involved in future discussions, ideation activities and policy deliberations on this issue. 20. Adjournment There being no further business before the Council, the meeting adjourned at 9:29 P.M. ___________________________ Jared Grifoni, Council Chair ATTEST: ___________________________ City of Marco Island Florida Page 8 City Council Meeting Minutes - Final February 1, 2021 Laura Litzan, City Clerk PREPARED BY: ___________________________ Jim Kornas, Recording Specialist City of Marco Island Florida Page 9