City Council

City of Marco Island Florida 51 Bald Eagle Drive Marco Island, Florida cityofmarcoisland.com Meeting Minutes - Final Monday, February 7, 2022 5:30 PM Community Meeting Room City Council Chair: Erik Brechnitz Vice-Chair: Jared Grifoni City Council: Claire Babrowski, Rich Blonna, Greg Folley, Becky Irwin, Joe Rola City Manager: Mike McNees Assistant City Manager: Casey Lucius City Attorney: Alan L. Gabriel City Clerk: Laura Litzan City Council Meeting Minutes - Final February 7, 2022 1. Call to Order Chair Brechnitz called the meeting to order at 5:30 P.M. 2. Roll Call Present: 6- Councilor Blonna, Councilor Irwin, Councilor Brechnitz, Vice-Chair Folley, Councilor Babrowski and Chair Grifoni Not Present: 1- Councilor Rola (Note: Councilor Rola arrived at 5:37 P.M.) Also Present Michael McNees, City Manager Casey Lucius, Assistant City Manager Laura Litzan, City Clerk Alan L. Gabriel, City Attorney Tracy Frazzano, Police Chief Chris Byrne, Fire Chief Daniel J. Smith, Community Affairs Director Tim Pinter, Public Works Director Jose Duran, Information Technology Director Patricia Kammerer, Environmental Planner Martin Luna, Video/Broadcast Technician Jim Kornas, Recording Specialist Citizens and Visitors 3. Invocation Offered by the Reverend Tom Boeck of the Marco Lutheran Church. 4. Pledge of Allegiance Led by Chair Brechnitz. 5. Approval of the Agenda Chair Brechnitz indicated that Item 11B. (Ordinance - First Reading - Sea Turtle Protection) was not ready for Council action and will be brought forward for review at the next regular meeting of the City Council. MOTION by Vice-Chair Grifoni, seconded by Councilor Blonna, that the Agenda be Approved as Amended. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: Yes: 6- Councilor Blonna, Councilor Irwin, Councilor Brechnitz, Vice-Chair Folley, Councilor Babrowski and Chair Grifoni Not Present: 1- Councilor Rola 6. Approval of the Minutes ID 21-1899 Approval of the City Council Meeting Minutes of January 24, 2022 MOTION by Councilor Blonna, seconded by Vice-Chair Grifoni, that the City City of Marco Island Florida Page 1 City Council Meeting Minutes - Final February 7, 2022 Council Meeting Minutes of January 24, 2022 be Approved. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: Yes: 6- Councilor Blonna, Councilor Irwin, Councilor Brechnitz, Vice-Chair Folley, Councilor Babrowski and Chair Grifoni Not Present: 1- Councilor Rola 7. Approval of Consent Agenda No items were brought forward for Council approval under the Consent Agenda at this meeting. 8. Proclamations and Presentations ID 21-2016 Employee Recognition of Joshua Ferris, Police Department (10 years of service) City Manager McNees recognized and called forward Police Officer Joshua Ferris to receive his appreciation of service recognition certificate and pin. Presented by City Council Chairman Erik Brechnitz with the full support of the Council, all present engaged in a warm round of applause in appreciation for Officer Ferris's service to the citizens of Marco Island. 9. Citizens'Comments on Agenda Items Not Scheduled For Public Hearing and Items Other Than Those Appearing on the Agenda. Ms. Christine Dowell (Biscayne Way) indicated that the Citizens for a Better Marco Political Action Committee (PAC) obtained its legal opinion regarding short-term vacation rentals in residential districts on Marco Island. Given its newly-obtained information, the PAC will be requesting a presence and an opportunity to provide input at the Council's Short-Term Rental Workshop on February 17, 2022. Mr. Ed Issler (S. Joy Circle), on behalf of the Take Back Marco Political Action Committee, notified the Council that the PAC's proposed citizen referendum on short-term vacation rental registrations and its accompanying proposed ordinance was submitted to the City Clerk on Friday, February 4th. Patterned after a similar ordinance and registration process that is in effect in Fort Lauderdale, Mr. Issler highlighted several key points for the Council's understanding and consideration prior to its upcoming Workshop on February 17th. Mr. Dennis Eckels (Barbados Ct.) shared his belief that the operation of short-term vacation rentals should be classified as 'businesses' and not be allowed to operate within residential single family districts on the Island. He asked the Council to do all in its power to curtail their continued operation. Ms. Karen Stephan (Leland Way) referenced her several letters/emails to the Council regarding her observed safety concerns with the ingress/egress situation at Mackle Park every Wednesday during the weekly Farmer's Market. She questioned why the City would continue to encourage so many visitors to drive, park and congregate at a quiet residential park, and she requested that the Council immediately terminate the weekly Farmers' Market event. Ms. Shelli Connelly (Covewood St.) and Ms. Mary Beth Cummings (Banyan Ct.), on behalf of the City's Beautification Advisory Committee, shared details regarding the upcoming Marco Nature Night Event (Wednesday, February 16, 2022 from 5:30 PM - 7:30 PM) and the Marco-in-Bloom contest (contest submissions by March 12, 2022). All Island residents and guests were invited to participate and to learn more by consulting the Beautification Advisory Committee's web page on www.cityofmarcoisland.com. 10. Quasi-Judicial Public Hearing None. City of Marco Island Florida Page 2 City Council Meeting Minutes - Final February 7, 2022 11. Ordinances A. Public Hearings None. B. First Readings ID 22-2073 Ordinance - First Reading - Sea Turtle Protection Not reviewed as previously noted under Item 5 (Approval of the Agenda). 12. Resolutions & City Council Items a. ID 22-2074 Legislative Update on SB 974, SB 512, SB 620, and SB 280 Assistant City Manager Casey Lucius reviewed the City Staff report on the status of four State Senate bills, and their most recent updates, as the bills have proceeded through Legislative Committee reviews in State House and Senate. Ms. Lucius indicated that the City Staff stood ready to prepare letters on behalf of the Council to 106th District State Representative Robert Rommel, 28th District State Senator Kathleen Passidomo, and Marco Island Legislative Lobbyist Ron Book in accord with the Council's direction. MOTION by Chair Brechnitz to authorize the City Manager to send a letter to State House Representative Rommel and State Senator Passidomo on behalf of the Marco Island City Council expressing its opposition to Senate Bill 512's proposed limit on the fees that local governments can charge for processing a rental registration application, be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 4- Councilor Blonna, Councilor Brechnitz, Vice-Chair Folley and Councilor Rola No: 3- Councilor Irwin, Councilor Babrowski and Chair Grifoni MOTION by Chair Brechnitz to authorize the City Manager to send a letter to State House Representative Rommel on behalf of the Marco Island City Council expressing its opposition to Senate Bill 620's proposed authorization allowing private businesses to claim and sue for damages resulting from counties or municipalities that enact or amend certain ordinances or charter provisions that causes a reduction of at least 15% of the business' profit, be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 5- Councilor Blonna, Councilor Brechnitz, Vice-Chair Folley, Councilor Rola and Councilor Babrowski No: 2- Councilor Irwin and Chair Grifoni b. ID 22-2076 Report on Planning Board Discussion Regarding the Use of Boat Covers on the Island Currently Prohibited in Sec. 54-116 Community Affairs Director Daniel Smith provided a brief background on the issue in question, and he outlined the requested direction by the City's Planning Board regarding this provision in the City's ordinances. City of Marco Island Florida Page 3 City Council Meeting Minutes - Final February 7, 2022 Following questions to Mr. Smith and considerable discussion between the members of the Council, Chair Brechnitz invited members of the public to come forward to offer comment. Public Comment Mr. William Palladino (Sea Ct.) responded to several concerns raised by Community Affairs Director Smith during his review of the proposed changes to Sec. 54-116 of the City's ordinances, and he reiterated his request (as voiced at the December 6, 2021 City Council Meeting) that personal watercraft canopy coverings be allowed to protect boats docked by residential owners at their homes. Mr. Jerry Karem (Nautilus Ct.) also responded to certain concerns that were noted in Community Affairs Director Smith's report to the Council, and he noted his experience and ability to quickly and safely remove a canvas boat covering should high winds threaten the Island. He later asked for an explanation of the classification 'conditional use permit' as it might apply to boat covers and canopies in the City's ordinances. Mr. Douglas Hess (Grapewood Ct.) shared the dangers he experienced in placing and removing approved boat covers that are currently allowed on the Island, and he requested that the Council consider the proposed modifications to the ordinance. Mr. Bill Hillyer (Rose Ct.) expressed his support for modifying Section 54-116 to allow for personal watercraft boat canopies. Mr. Rolf Unruh (Martinique Ct.) shared comparative photos of currently approved boat covers vs. boat houses and the proposed boat canopies. He urged the Council to support the change to the ordinance. Mr. Mark Ryland (La Peninsula Blvd., Isles of Capri) expressed his belief that, if the 'monorail' mooring cover assist system is allowed under a revision to Sec. 54-116 of the City's ordinance, then the proposed protective boat canopies should be allowed as well. Mr. Jason Bailey (Dogwood Ct., Chair of the Marco Island Planning Board), shared a summary of the Planning Board's discussion of boat canopies vs. boat covers. He advised the Council that, if a property owner is required to obtain a permit in the future to install a boat canopy, then the work to install a canopy will require the engagement of a contractor to complete the process. Mr. Gary LaMotte (S. Heathwood Dr.) expressed his concern regarding irresponsible homeowners who might not properly secure or remove the proposed canopy covers in advance of a significant wind event. He believes that licensed contractors should be required to be engaged in the installation of such canopies, if approved, and that details regarding heights, setbacks and other considerations be addressed by the Planning Board. Though noting these aforementioned considerations, he expressed continued support for the ordinance as it is currently drafted. Mr. Ron Meyering (Goldcoast Ct.) joked that all boat covers on his street should be required to be maize and blue (University of Michigan colors). Mr. Mike Livorsi (Goldcoast Ct.) shared his experience with two of the canopy covers at his home(s) in Cape Coral, and he noted that there was no issue with the safety or ability to remove the canvas canopies prior to two named storms that he experienced there. Captain Barbara Evans (Rose Ct.) re-addressed the concerns raised during Community Affairs Director Smith's summary of the issue, and she recommended that removal of the canopies in advance of a significant wind event be a requirement of the homeowner under any revision to the ordinance. Ms. Wendy Morrell (Aztec Ct.) expressed support for the proposed canopies, but urged the Council (and City of Marco Island Florida Page 4 City Council Meeting Minutes - Final February 7, 2022 the Planning Board) to limit the allowed color variations to enhance the uniformity of appearance across the Island. Ms. Elizabeth Heil (Pepperwood Ct.) noted that, for elderly residents with health issues, the current canvas boat covers are much too difficult and arduous to safely apply and remove. She invited anyone in attendance at the meeting to assist her and her husband in re-applying the existing approved canvas cover onto their boat to experience, first-hand, the difficulty that elderly boat owners currently face. Mr. Larry Boswell (address unknown) noted that the boat canopies on Isles of Capri are very attractive and enhance the appearance of the boating community. He questioned why the Council would not want to support homeowners who wish to protect their boat investment with an attractive canopy. He cited a recent, personal example of damage that occurred to his pontoon boat that was not protected by a canvas canopy. Ms. Mary Hall (N. Collier Blvd.) reiterated and supported the previous recommendation to limit the variations in colors and styles of canvas canopies so as to enhance the aesthetics and 'calming effect' of these structures on the Island. MOTION by Councilor Blonna, seconded by Councilor Folley, to authorize the Planning Board to revise the language of Sec. 54-116 of the City's Code of Ordinances replacing the term 'cover' with 'canopy', approving the definition of the Mooring Cover Assist System, and establishing consistent criteria for citizen application for approved use of protective boat canopies in their respective waterways to protect their personal, non-professional watercraft, 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 13. Items Removed from the Consent Agenda No items were removed from the Consent Agenda at this meeting. 14. Council Communications & Future Agenda Vice-Chair Grifoni thanked Councilor Blonna for his diligent and successful effort in advancing three archealogical / ecological Marco Island property parcels through Conservation Collier and the Collier County Board of Commissioners review and prioritization process. Vice-Chair Grifoni followed his comments with similar thanks and praise for the City Staff members and supporting parties that helped to make the February 5th 'Toes in the Sand' Island Rocks Concert such a popular success. Councilor Blonna followed Vice-Chair Grifoni's comments with additional detail and praise of District 1 Commissioner Rick Locastro's active support for the Marco Island properties advanced. In the upcoming cycle of Conservation Collier's process, Councilor Blonna asked the City Staff to consider nominating its 47 acre Rapid Infiltration Basin System (RIBS) parcel for consideration. Chair Brechnitz proposed that Councilor Blonna draft a whitepaper proposal to outline and formalize his thoughts. Councilor Blonna also raised concern with: 1) the operation of motorized scooters, electric bikes and other motorized personal conveyances on the City's shared use path, and; 2) the appropriateness and safety of a 45 mile per hour speed limit for multi-passenger electric golf carts traveling on the road between the Marco Island Academy and the Stan Gober Bridge. (Editorial Note: Public Works Director Timothy Pinter was called upon to provide insight on the City's most recent speed limit study and the process to request speed limit changes). Councilor Babrowski noted that a Future Agenda topic indicates an upcoming review of the Code Enforcement Magistrate's contract with the City of Marco Island as a 'Consent Agenda' item. She City of Marco Island Florida Page 5 City Council Meeting Minutes - Final February 7, 2022 requested that it be re-classified as a regular agenda item with time for Council discussion when it comes before the Council for approval. Councilor Folley expressed his concern for pedestrian safety at the intersection of Swallow Ave. and South Collier Boulevard for those attempting to gain beach access via the South Beach access pathway. He noted his discussions with District 1 Commissioner Rick Locastro on this topic, and he reported that the County is planning to improve pedestrian crosswalk visibility and illumination at various points along Collier Boulevard within the next six months. Councilor Irwin asked about the ability for citizens and business owners to call-in to the City Council Workshop on February 17th. Noting the recent Coastal Breeze article encouraging public attendance to this Workshop, she asked that parties both 'for' and 'against' further regulation of short-term vacation rentals on the Island be given equal opportunity and time to bring forward their perspectives to the Council on this issue. Chair Brechnitz queried Police Chief Tracy Frazzano and Fire Chief Chris Byrnes on their confidence in being able to move emergency equipment and to respond to emergency conditions across the Island during the weekly Farmer's Market at Mackle Park. Councilor Babrowski added her personal experience of the excessive time that it took her to drive through that area during a recent weekly Market event. Chiefs Frazzano and Byrnes indicated their belief that their departments have the capacity to promptly respond to emergency calls, and City Manager McNees communicated his intention to "stay on it" with his City leaders to ensure citizen and visitor safety. ID 21-1900 Future Agenda Items No new items were proposed for the Council's Future Agenda at this meeting. 15. Council Reports ID 22-2069 Sidewalk Referendum - Vice-Chair Jared Grifoni Vice-Chair Grifoni reviewed the actions of past Councils on the subject of sidewalk ownership and maintenance, and he recommended that the Council proceed toward drafting a referendum in time for a City-wide citizen vote on the issue in August, 2022. Public Comment Ms. Christine Dowell (Biscayne Way) expressed her disappointment that the temporary Collier County 1% sales tax increase was used to help fund the Veterans' Community Park project rather than funding improvements to the City's sidewalks. She raised question with what, exactly, does it mean to "bring existing sidewalks up to City code"? Does that mean the wider, five foot sidewalk sections? Ms. Dowell also cited examples where the interpretation of the current requirements for sidewalks has resulted in unnecessary confusion and expense for certain homeowners. Ms. Amy Magnus (Dana Ct.) similarly raised question with the interpretation of sidewalk compliance given the presence (or absence of) culverts for certain homeowners. She believes that citizens need to have very specific details and answers to many questions and likely situations before they can assess and express their preferences in a referendum on this issue. Chair Brechnitz asked City Manager McNees and City Attorney Gabriel to seek the advice of the City's Bond Counsel (Bryant Miller Olive P.A.) on alternative methods to fund sidewalk maintenance, and the ability for this Council to bind future Marco Island City Councils to the terms and conditions of an ad valorem tax. This item will return to the Council for review at a future meeting. City of Marco Island Florida Page 6 City Council Meeting Minutes - Final February 7, 2022 16. City Manager's Report None. 17. City Attorney's Report City Attorney Gabriel advised the Council that the City has seven days to review the submission by the Take Back Marco Political Action Committee. 18. Departmental Reports ID 21-1901 Monthly Departmental Reports Councilors Irwin, Folley, Blonna and Babrowski noted the marked reduction in year-over-year totals for arrests, criminal cases, noise violations and other statistics in the monthly Police Department Report, and they commended Police Chief Frazzano for her leadership and focus on prevention, education and professionalism. 19. Citizens' Comments No members of the public came forward to offer comment during this portion of the Agenda. 20. Adjournment There being no further business before the Council, the meeting adjourned at 8:33 P.M. ___________________________ Erik Brechnitz, Council Chair ATTEST: ____________________________________ Laura Litzan, City Clerk PREPARED BY: ___________________________ Jim Kornas, Recording Specialist City of Marco Island Florida Page 7