City Council

City of Marco Island Florida 51 Bald Eagle Drive Marco Island, Florida cityofmarcoisland.com Meeting Minutes - Final Tuesday, February 22, 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 22, 2022 1. Call to Order Chair Brechnitz called the meeting to order at 5:30 P.M. 2. Roll Call Present: 7- Councilor Babrowski, Councilor Blonna, Councilor Folley, Vice-Chair Grifoni, Councilor Irwin, Councilor Rola and Chair Brechnitz 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 Guillermo Polanco, Finance Director Daniel J. Smith, Community Affairs Director Tim Pinter, Public Works Director Jeff Poteet, Water & Sewer General Manager Miguel Carballo, Fleet & Facilities Manager Raul Perez, Chief Building Official Mary Holden, Senior Planner Patricia Kammerer, Environmental Planner Martin Luna, Video/Broadcast Technician Jim Kornas, Recording Specialist Citizens and Visitors 3. Invocation Offered by Reverend Thomas McCulley of the New Life Community Church. 4. Pledge of Allegiance Led by Chair Brechnitz. 5. Approval of the Agenda MOTION by Councilor Blonna, seconded by Vice-Chair Grifoni, that the Agenda be Approved. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: Yes: 7- Councilor Babrowski, Councilor Blonna, Councilor Folley, Vice-Chair Grifoni, Councilor Irwin, Councilor Rola and Chair Brechnitz 6. Approval of the Minutes ID 21-1902 Approval of the City Council Meeting Minutes of February 7, 2022 MOTION by Councilor Folley, seconded by Councilor Irwin, that the City Council Minutes of February 7, 2022 be Approved. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: Yes: 7- Councilor Babrowski, Councilor Blonna, Councilor Folley, Vice-Chair Grifoni, Councilor Irwin, Councilor Rola and Chair Brechnitz City of Marco Island Florida Page 1 City Council Meeting Minutes - Final February 22, 2022 7. Approval of Consent Agenda Councilor Rola requested that Item 7b. (Authorize the City Manage to Execute a Change Order No. 2 to Contract 2021-019, Fruit Farm Creek Restoration Culvert Project ... in the Amount of $85,695.00 ... for Additional Work to Install a Water Main Directional Drill Pipe) be removed from the Consent Agenda. Chair Brechnitz requested that Item 7c. (Authorize the City Manager to Execute a Change Order No. 2 to Contract 2021-029, San Marco Road, and Heathwood Drive Intersection Reconstruction Project ... in the Amount of $136,167.98 ... for the Additional Work Due to Unforseen Utility Conflicts) be removed from the Consent Agenda. As a result of these requests, Items 7b. & 7c. are now reflected in these Minutes under Topic #13: Items Removed From The Consent Agenda. MOTION by Councilor Blonna, seconded by Councilor Folley, that the Consent Agenda be Approved as Amended. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: Yes: 7- Councilor Babrowski, Councilor Blonna, Councilor Folley, Vice-Chair Grifoni, Councilor Irwin, Councilor Rola and Chair Brechnitz [Approval of the Consent Agenda Passed Routine Item 7a. Listed Below] a. ID 22-2094 Resolution Updating the City of Marco Island’s Signature Authority 8. Proclamations and Presentations ID 22-2093 Employee Recognition of Chief Building Official Raul Perez In recognition for his leadership in streamlining and improving the operation of the City's Building Department, and in honor of his being named as "Building Official of the Year" by the Florida Gulfcoast Chapter of the Building Officials' Association of Florida, City Manager McNees called forward Marco Island Chief Building Official Raul Perez to receive congratulations and a certificate of recognition for his achievements by City Council Chair Erik Brechnitz and the entire Marco Island City Council. Mr. Perez received a warm round of applause from all present. 9. Citizens' Comments on Agenda Items Not Scheduled for Public Hearing and Items Other Than Those Appearing on the Agenda Mr. Philip Kostelnik (Channel Ct.) shared his praise of the volunteers and organizations that pour themselves out to make the community a better place for all who visit and live on Marco Island. Mr. Ed Issler (S. Joy Cir.) reflected on the Council's February 17th Workshop, and he urged the Council to exercise leadership on the subject of single-family vacation home rental registrations. He indicated that many more vacation rental properties are registered in City of Ft. Lauderdale than was quoted by the official from the Florida Alliance for Vacation Rentals at that Workshop, and he indicated the intention of the Take Back Marco PAC to provide City leadership with a list of addresses that it asserts are single-family vacation rental properties on Marco Island. Mr. Kent Kadel (Palm St.) raised concern with the privacy and parking impacts expected to be felt by the residents of the Marco Inn Villas Condominium complex in light of the City Planning Board's recent City of Marco Island Florida Page 2 City Council Meeting Minutes - Final February 22, 2022 approval of a planned multi-story restaurant on the property adjacent to the condominium. He invited members of the Council to visit the area on a Friday or Saturday evening during the current season to observe the crowding that is already being experienced in that area prior to the construction and opening of the proposed 268-seat restaurant. 10. Quasi-Judicial Public Hearing ID 22-2086 Resolution - Utility Easement Vacation Request (LV-21-000202) for Property Located at 215 & 219 Seahorse Court, Marco Island, FL 34145 City Clerk Laura Litzan read Resolution 22-04 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 Applicant's appeal. City Senior Planner Mary Holden outlined the elements of the proposal, shared a brief overview of the Planning Board's deliberations, and responded to questions raised by members of the Council. MOTION by Vice-Chair Grifoni, seconded by Councilor Rola, that Resolution 22-04 - Utility Easement Vacation Request (LV-21-000202) for Property Located at 215 & 219 Seahorse Ct., be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Babrowski, Councilor Blonna, Councilor Folley, Vice-Chair Grifoni, Councilor Irwin, Councilor Rola and Chair Brechnitz 11. Ordinances A. Public Hearings None. B. First Readings 1. ID 22-2085 Ordinance - First Reading - Consideration and Transmittal of an Amendment to the Comprehensive Plan 2040 Incorporating by Reference the Ten-Year Water Supply Facilities Work Plan and Adopting a Property Rights Element City Clerk Laura Litzan read the ordinance into the record by title only. Senior Planner Mary Holden explained the reasons for the proposed amendment, and she indicated the Planning Board's recommendation that the proposed changes be adopted. Public Comment Mr. Ed Issler (S. Joy Cir.) indicated his support of the proposed amendment offered by Councilor Rola, and he expressed his belief that the additional language clarifies and limits the interpretation and potential negating effects of leases on citizen property rights. MOTION by Councilor Rola, seconded by Councilor Blonna, that Infrastructure Policy Element 1.1.1 of the Comprehensive Plan be amended to add the phrase "... subject to State Law and local ordinance ..." at the conclusion of that Element. MOTION FAILED BY THE FOLLOWING VOTE: City of Marco Island Florida Page 3 City Council Meeting Minutes - Final February 22, 2022 Yes: 2- Councilor Blonna and Councilor Rola No: 5- Councilor Babrowski, Councilor Folley, Vice-Chair Grifoni, Councilor Irwin and Chair Brechnitz Water & Sewer General Manager presented highlights of the his Ten-Year Water Supply Work Plan as presented to the Marco Island Planning Board at its February 4th meeting, and he noted the sufficiency of the City's water sources and supply capabilities to meet the needs of the Utility's customers for the foreseeable future. MOTION by Councilor Blonna, seconded by Councilor Folley, that Ordinance - First Reading - Consideration and Transmittal of an Amendment to the Comprehensive Plan 2040 Incorporating by Reference the Ten-Year Water Supply Facilities Work Plan and Adopting a Property Rights Element, be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Babrowski, Councilor Blonna, Councilor Folley, Vice-Chair Grifoni, Councilor Irwin, Councilor Rola and Chair Brechnitz 2. ID 22-2087 Ordinance - First Reading - LDC Amendment (LDCA-21-000296) to Section 30-222, C-3 Permitted Uses, to Allow for Animal Grooming Services City Clerk Laura Litzan read the ordinance into the record by title only. Senior Planner Mary Holden outlined the reason for the proposed amendment to the Land Development Code and indicated the Planning Board's unanimous approval of the amendment. No members of the public came forward to offer comment. MOTION by Vice-Chair Grifoni, seconded by Councilor Folley, that Ordinance - First Reading - LDC Amendment (LDCA-21-000296) to Section 30-222, C-3 Permitted Uses, to Allow for Animal Grooming Services, be Approved on First Reading. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Babrowski, Councilor Blonna, Councilor Folley, Vice-Chair Grifoni, Councilor Irwin, Councilor Rola and Chair Brechnitz 3. ID 22-2073 Ordinance - First Reading - Sea Turtle Protection City Clerk Laura Litzan read the ordinance into the record by title only. Community Affairs Director Daniel J. Smith briefly outlined the key elements of the proposed ordinance, and Mr. Robert Eastman, Vice-Chair of the Beach & Coastal Resources Advisory Committee, provided the Council with a demonstration and the practical application of window tinting to the light transmittance level of 15 percent versus the proposed 45 percent. Messrs. Smith and Eastman addressed questions raised by several members of the Council. No members of the public came forward to offer comment. MOTION by Councilor Irwin, seconded by Councilor Blonna, that Ordinance - First Reading - Sea Turtle Protection, be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: City of Marco Island Florida Page 4 City Council Meeting Minutes - Final February 22, 2022 Yes: 7- Councilor Babrowski, Councilor Blonna, Councilor Folley, Vice-Chair Grifoni, Councilor Irwin, Councilor Rola and Chair Brechnitz 12. Resolutions & City Council Items a. ID 22-2092 Reappointment of the Special Magistrate Myrnabelle Roche, Esq. for an Additional Two-Year Term City Finance Director Gil Polanco provided the Council with a brief history of the City's Special Magistrate process, and he outlined the key financial aspects of the existing and proposed contract with Ms. Myrnabelle Roche, Esq., the current Magistrate. Considerable discussion regarding the role of fines and fine collection as a means to modify the behavior of violators was undertaken by the Council, and the City Manager was requested to: 1) bring forward, with the assistance of the City Attorney, proposed actions, beyond the issuance of property liens, to collect outstanding fines due, and; 2) to bring forward a recommendation on the possible expansion of the bench of Special Magistrates in the future. No members of the public came forward to offer comment. MOTION by Councilor Folley, seconded by Councilor Babrowski, that the Reappointment of the Special Magistrate Myrnabelle Roche, Esq. for an Additional Two-Year Term, be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Councilor Babrowski, Councilor Blonna, Councilor Folley, Councilor Irwin, Councilor Rola and Chair Brechnitz No: 1- Vice-Chair Grifoni b. ID 22-2105 Resolution - Building Permit Fee Schedule Updates City Clerk Laura Litzan read Resolution 22-05 into the record by title only. City Chief Building Official Raul Perez, assisted by Messrs. Bruce Cowans and Mark Carpenter of MGT Consultants (over the phone), presented and reviewed the recommended changes to the Building Department's Schedule of Fees for building permits and related services for the Council's consideration. No members of the public came forward to offer comment. MOTION by Councilor Folley, seconded by Councilor Rola, that Resolution 22-05 - Building Permit Fee Schedule Updates, be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Babrowski, Councilor Blonna, Councilor Folley, Vice-Chair Grifoni, Councilor Irwin, Councilor Rola and Chair Brechnitz c. ID 22-2096 Resolution Calling a Referendum Seeking Elector Approval for the Continued Levy of a Special Ad Valorem Tax Within the Hideaway Beach District City Clerk Laura Litzan read Resolution 22-06 into the record by title only. Chair Brechnitz briefly explained the history of the Hideaway Beach Tax District and the past referendums among the residents of Hideaway Beach to levy a special ad valorem tax for successive ten-year periods to fund dredging, beach renourishment and related beach management operations in the Hideaway Beach City of Marco Island Florida Page 5 City Council Meeting Minutes - Final February 22, 2022 area. No questions were raised by the Council or members of the public. MOTION by Councilor Folley, seconded by Councilor Blonna, that Resolution 22-06 Calling for a Referendum Seeking Elector Approval for the Continued Levy of a Special Ad Valorem Tax Within the Hideaway Beach District, be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Babrowski, Councilor Blonna, Councilor Folley, Vice-Chair Grifoni, Councilor Irwin, Councilor Rola and Chair Brechnitz d. ID 22-2097 Municipal Code Audit City Manager Michael McNees reviewed two alternative paths to audit and streamline the City's comprehensive Code of Ordinances as requested by the Council during its 'Council Communications' discussion in October, 2021. Identifying six key objectives for this effort, Mr. McNees recommended that the Council endorse the solicitation and hiring of an outside legal firm to offer edits and recommendations that rationalize the Code of Ordinances in line with the six objectives stated, and subsequently bring that rationalized Code before the Council and the public for review and input. The Council endorsed Mr. McNees's proposed direction with the intent of funding this effort for the 2023 fiscal year. 13. Items Removed from the Consent Agenda b. ID 22-2088 Authorize the City Manager to Execute a Change Order No. 2, to Contract 2021-019, Fruit Farm Creek Restoration Culvert Project, with Quality Enterprises USA in the Amount of $85,695.00 for the Additional Work to install a Water Main Directional Drill Pipe Councilor Rola questioned the nature of this apparent project cost overrun, and he recommended that a Six Sigma analysis to identify the root cause of this overrun be undertaken. Public Works Director Pinter provided an explanation for the Change Order request. No members of the public came forward to offer comment. MOTION by Councilor Folley, seconded by Councilor Irwin, that the City Manager be Authorized to Execute a Change Order No. 2, to Contract 2021-019, Fruit Farm Creek Restoration Culver Project, with Quality Enterprises USA in the Amount of $85,695.00 for the Additional Work to Install a Water Main Directional Drill Pipe, be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Babrowski, Councilor Blonna, Councilor Folley, Vice-Chair Grifoni, Councilor Irwin, Councilor Rola and Chair Brechnitz c. ID 22-2091 Authorize the City Manager to Execute a Change Order No. 2 to Contract 2021-029, San Marco Road, and Heathwood Drive Intersection Reconstruction Project, with Quality Enterprises USA, Inc. in the Amount of $136,167.98 for Additional Work due to Unforeseen Utility Conflicts Chair Brechnitz raised concern with the quality and accuracy of the City's records regarding the location of underground utility pipes and structures, and he asked for an explanation of will be done going forward to minimize future unforeseen utility conflicts. Public Works Director Timothy Pinter responded to the questions raised by Chair Brechnitz and other members of the Council. City of Marco Island Florida Page 6 City Council Meeting Minutes - Final February 22, 2022 No members of the public came forward to offer comment. MOTION by Councilor Irwin, seconded by Councilor Blonna, that the City Manager be Authorized to Execute a Change Order No. 2 to Contract 2021-029, San Marco Road and Heathwood Drive Intersection Reconstruction Project, with Quality Enterprises USA, Inc. in the Amount of $136,167.98 for Additional Work Due to Unforeseen Utility Conflicts. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Babrowski, Councilor Blonna, Councilor Folley, Vice-Chair Grifoni, Councilor Irwin, Councilor Rola and Chair Brechnitz 14. Council Communications & Future Agenda Chair Brechnitz, under the advice of City Attorney Gabriel, requested the Council's endorsement to speak as its "designated spokesperson" at an upcoming meeting that he and Councilor Blonna plan to attend on the Tigertail Dredging Project. The Council provided Chair Brechnitz with its endorsement to proceed as he requested. ID 21-1903 Future Agenda Items Councilor Blonna requested that his white paper entitled "Purchase of RIBS Property by Conservation Collier" be placed on the March 21, 2022 Agenda of the City Council. Vice-Chair Grifoni requested that "Joint Commission/Council Meeting" be removed from the Future Agenda in light of that session now being on the calendar for the Council on March 1, 2022. 15. Council Reports None. 16. City Manager's Report City Manager McNees reported that he completed his recertification with the International City Managers Association. 17. City Attorney's Report ID 21-1908 City Attorney’s Report City Attorney Gabriel noted the inclusion of Code Enforcement Cases in his written report, and he indicated that the Council's recent discussions regarding fine collections and potential City actions to compel violators to pay their fines is already having an impact on changing violator behaviors. 18. Departmental Reports ID 21-1904 Monthly Departmental Reports Councilor Folley asked City Manager McNees to prepare, prior to the development of the 2023 fiscal year budget process, an assessment of the savings and efficiencies gained by the creation of the Fleet & Facilities Management Department. Councilor Rola asked Fire Chief Byrne to ensure that the estimate for re-powering the City's fire boat be provided to the Council prior to the initiation of the 2023 fiscal year budget process. He also asked about the City's fire boat recent deployment to Everglades City and the Isles of Capri. City of Marco Island Florida Page 7 City Council Meeting Minutes - Final February 22, 2022 19. Citizens' Comments Ms. Teri Sommerfeld (San Marco Rd.) expressed her appreciation to Councilor Rola and Chair Brechnitz for pulling the items from the Consent Agenda for further discussion at the evening's meeting, and she proposed that more explanation be provided on cost elements that are listed under the Consent Agenda. Ms. Sommerfeld also requested that the City not simply look at legal qualifications, but also consider firms that know and understand Florida in its effort to identify a resource to assist in streamlining and rationalizing the City's Code of Ordinances and its Land Development Code. 20. Adjournment There being no further business before the Council, the meeting adjourned at 7:43 P.M. ___________________________ Erik Brechnitz, Council Chair ATTEST: ____________________________________ Laura Litzan, City Clerk PREPARED BY: ___________________________ Jim Kornas, Recording Specialist City of Marco Island Florida Page 8