City Council

City of Marco Island Florida 51 Bald Eagle Drive Marco Island, Florida cityofmarcoisland.com Meeting Minutes - Final Monday, April 4, 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 Deputy City Clerk: Lina Upham City Council Meeting Minutes - Final April 4, 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 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 Lina Upham, Deputy City Clerk / Purchasing & Risk Manager Mary Holden, Senior Planner Martin Luna, Video/Broadcast Technician Jim Kornas, Recording Specialist Citizens and Visitors 3. Invocation Offered by Pastor Daphne Johnson of the Wesley United Methodist Church. 4. Pledge of Allegiance Led by Chair Brechnitz. 5. Approval of the Agenda MOTION by Vice-Chair Grifoni, seconded by Councilor Rola, 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 21-1913 Approval of the City Council Meeting Minutes of March 21, 2022 MOTION by Councilor Folley, seconded by Councilor Blonna, that the City Council Meeting Minutes of March 21, 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 7. Approval of Consent Agenda City of Marco Island Florida Page 1 City Council Meeting Minutes - Final April 4, 2022 MOTION by Councilor Folley, seconded by Councilor Irwin, that the Consent Agenda 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 [Approval of the Consent Agenda Passed the Routine Item Listed Below.] ID 22-2188 Authorize the City Manager to Issue a Purchase Order to Water Science Associates for Professional Engineering Services in the Amount of $68,500.00 to Provide Technical Design and Engineering Services during the Rehabilitation of Two Production Wells #13 and #16 8. Proclamations and Presentations a. ID 22-2070 Employee Recognition of Lisa Lee Loewer, Brandi Garwood, and Mark Haueter City Manager McNees recognized and called forward the following City employees to receive their appreciation of service recognition certificate and pin as presented by City Council Chairman Erik Brechnitz: 1) Sgt. Mark Haueter (10 years) - Police Department 2) Ms. Brandi Garwood (15 years) - Finance Department 3) Ms. Lisa Lee Loewer (15 years) - Building Department b. ID 22-2198 Employee of the Quarter Mr. James Kornas, Recording Specialist with the City Clerk's Staff, was recognized and honored by Chair Brechnitz, the Council, and the City Staff as Marco Island's "Employee of the Quarter" for the 1st quarter of 2022. c. ID 22-2127 Board of Collier County Commissioners - Rick LoCastro, Commissioner, District 1 Collier County District 1 Commissioner Rick LoCastro provided the Council with an overview of the ten most visible accomplishments that the County recently achieved in partnership with the Marco Island City Council. Under a theme of "Getting Stuff Done", Commissioner LoCastro thanked the City and the Council for its active engagement and collaboration, and he communicated his intention to continue to deliver visible, positive results for the benefit of the citizens and business community on Marco Island. 9. Citizens' Comments on Agenda Items Not Scheduled for Public Hearing and Items Other Than Those Appearing on the Agenda Mr. Thomas Hall (N. Collier Blvd.), upon expressing appreciation for the efforts of the County in addressing the access and safety issues at Caxambas Park, noted the obstacles which members of the general public encounter in attempting to gain fair and equal access to the parking and boat ramp facilities. He offered a recommendation for the City and the County's consideration. Ms. Christine Dowell (Biscayne Way) shared several observations and questions raised by citizens who conveyed their concerns to the Citizens for a Better Marco Political Action Committee regarding the operation and environment at Caxambas Park. 10. Quasi-Judicial Public Hearing City of Marco Island Florida Page 2 City Council Meeting Minutes - Final April 4, 2022 Under Common Resolution 22-10 Deputy City Clerk Lina Upham read Resolution 22-10 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. Senior Planner Mary Holden described the four, related Variance Petition Requests, and she briefly summarized the direction by the Planning Board on these items at its March 18, 2022 meeting. No members of the public came forward to offer comment. a. ID 22-2183 Resolution - Variance Petition Request (VP-21-000298) to Sec. 30-624. (l) (3), Height of light fixture-from 14 feet to 60 feet for the Marco Island Academy located at 2255 San Marco Road, Marco Island, FL 34345 b. ID 22-2184 Resolution - Variance Petition Request (VP-21-000299) to Section 30-441 (g) - Relocating trees from the required landscape buffer, and to permit a scoreboard, flagpole, field lights and 6” flush concrete curb in the landscape buffer for the Marco Island Academy located at 2255 San Marco Road, Marco Island, FL 34145 c. ID 22-2185 Resolution - Variance Petition Request (VP-21-000325) variance to setback for scoreboard-from 15 feet to 2.5 feet for the Marco Island Academy located at 2255 San Marco Road, Marco Island, FL 34145 d. ID 22-2186 Resolution - Variance Petition Request (VP-21-000326) to setback for flagpole-7.5 feet to 2.5 feet for the Marco Island Academy located at 2255 San Marco Road, Marco Island, FL 34145 MOTION by Vice-Chair Grifoni, seconded by Councilor Blonna, that Resolution 22-10 - Variance Petition Requests VP-21-000298 (height of light fixture), VP-21-000299 (scoreboard, flagpole, field lights, tree re-location & 6" flush concrete curb in the landscape buffer), VP-21-000325 (scoreboard setback) and VP-21-000326 (flagpole setback) for the Marco Island Academy at 2255 San Marco Road, 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 Under Separate Resolutions e. ID 22-2187 Resolution - Conditional Use Permit Request (CUP-22-000002) to Sec. 30-84(7) to construct a Recreational Vehicle Garage with door heights of twelve (12’) feet, for a property located at 1751 Ludlow Road, Marco Island, FL 34145 Deputy City Clerk Lina Upham read Resolution 22-11 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 of Marco Island Florida Page 3 City Council Meeting Minutes - Final April 4, 2022 Senior Planner Mary Holden provided background on the Applicant's appeal, and she shared a brief summary of the Planning Board's direction and recommendation. No members of the public came forward to offer comment. MOTION by Councilor Folley, seconded by Councilor Blonna, that Resolution 22-11 - Condition Use Permit Request (CUP-22-000002) to Sec. 30-84(7) to Construct a Recreational Vehicle Garage with Door Heights of Twelve (12) Feet, fro a Property Located at 1751 Ludlow Road, 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 f. ID 22-2189 Resolution - Variance Petition Request (VP-21-000309) to allow for a reduced vehicle drive width from 12’ to 11’; eliminate the required 10 -foot landscape buffer along the North property line; allow a dumpster enclosure in the buffer along the South property line; reduce the required 5-foot wide landscape island to a 3-foot 8-inch-wide landscape island; and reduce the foundation plantings from the required 5-foot wide to 1-foot for the property Located at 297 North Collier Boulevard, Marco Island, FL 34145 Deputy City Clerk Lina Upham read Resolution 22-12 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. Community Affairs Director Daniel J. Smith introduced the Appeal, provided background on the proposed Variance Petition Request, and briefly summarized the direction of the Planning Board on this Resolution. Mr. Joey Oliverio (Applicant), property and business owner at this location, provided the Council with his perspective and rationale for the Appeal, and he addressed questions raised by members of the Council. No members of the public came forward to offer comment. MOTION by Councilor Folley, seconded by Councilor Irwin, that Resolution 22-12 - Variance Petition Request (VP-21-000309) to Allow for a Reduced Vehicle Drive Width from the 12' to 11'; Eliminate the Required 10-Foot Landscape Buffer Along the North Property Line; Allow a Dumpster Enclosure in the Buffer Along the South Property Line; Reduce the Required 5-Foot Wide Landscape Island to a 3-Foot, 8-Inch Wide Landscapte Island; and Reduce the Foundation Plantings From the Required 5-Foot Wide to 1-Foot for the Property Located at 297 North Collier Boulevard, be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Councilor Babrowski, Councilor Blonna, Councilor Folley, Vice-Chair Grifoni, Councilor Irwin and Chair Brechnitz No: 1- Councilor Rola 11. Ordinances None. 12. Resolutions & City Council Items City of Marco Island Florida Page 4 City Council Meeting Minutes - Final April 4, 2022 a. ID 22-2182 Approving the Purchase Order for One Source Construction, Inc., for the installation of Storm Drain Outfall Replacement at 224 Landmark Street in the Amount not to exceed $249,850.00 Public Works Director Timothy Pinter outlined the rationale and need for the proposed project. No members of the public came forward to offer comment. MOTION by Councilor Irwin, seconded by Councilor Blonna, that the Purchase Order for Once Source Construction, Inc., for the Installation of Storm Drain Outfall Replacement at 224 Landmark Street in the Amount Not To Exceed $249,850.00, 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 b. ID 22-2191 Resolution Approving the State of Florida Department of Emergency Management Grant Agreement for Hazard Mitigation Grant Project 4337-266-A, Fire Station 50, Code Plus Phase II, for a Grant in the Amount of $1,325,079.80; Authorizing the Expenditure of Matching Funds; Authorizing the City Manager to Execute the Grant Agreement Deputy City Clerk Lina Upham read Resolution 22-13 into the record by title only. Fire Chief Chris Byrne outlined the benefits of participating in the proposed Hazard Mitigation Grant Project, and he addressed several questions from members of the Council. No members of the public came forward to offer comment. MOTION by Vice-Chair Grifoni, seconded by Councilor Folley, that Resolution 22-13 - Approving the State of Florida Department of Emergency Management Grant Agreement for Hazard Mitigation Grant Project 4337-266-A, Fire Station 50, Code Plus Phase II for a Grant in the Amount of $1,325,079.80; Authorizing the Expenditure of Matching Funds; Authorizing the City Manager to Execute the Grant Agreement, 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 22-2200 Acceptance of Agreement for Veterans’ Community Park donation Chair Brechnitz, as Chair of the Marco Island Community Parks Foundation, described the Foundation's discussion and understandings with the donor and the donor's representatives, and he addressed questions raised by members of the Council. An important point of clarification is noted within the following Motion. No members of the public came forward to offer comment. MOTION by Councilor Blonna, seconded by Vice-Chair Grifoni, that the Acceptance of the Agreement for the Veterans' Community Park Donation naming the onsite bandshell "Unity Bandshell", 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 City of Marco Island Florida Page 5 City Council Meeting Minutes - Final April 4, 2022 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 sought insight from City Attorney Gabriel and his fellow Councilors on the process and procedural steps for the Council to undertake once the Take Back Marco Political Action Committee's signature campaign has been completed. Councilor Blonna also advised the Council of his communication with the Chair of the Marco Island Planning Board on the Planning Board's effort to align the City's Land Development Code with the recently updated Comprehensive Plan. His communication precipitated a discussion between members of the Council and City Manager McNees on identifying a resource that can help shepherd this effort and provide avenues for public engagement and comment. Councilor Folley requested an update on the status of the Old Marco / North Bald Eagle Drive traffic study from City Manager Mike McNees and Community Affairs Director Dan Smith. Both gentlemen indicated 'no change' to the current plan and timetable. Councilor Rola raised concern with the independence and timing of the plan, questioning the ability of the study to adequately quantify the 'peak activity' that has already occurred during the winter tourist season. Councilor Irwin raised concern with recent citizen reports of vehicle-caused gopher tortoise deaths. She urged all residents and guests to exercise caution and to slow down when driving to help protect this important Marco Island animal species. Councilor Irwin concluded by inviting residents and guests to participate in the upcoming April 9th Gopher Tortoise Educational Event at Mackle Park beginning at 10:00 A.M. Chair Brechnitz requested an update from Water & Sewer General Manager Jeff Poteet on the evaluation of the assets of the North Marco Utilities Company. Mr. Poteet provided an update in response to Chair Brechnitz's request. ID 21-1914 Future Agenda Items Councilor Blonna requested that his joint whitepaper with Marco Island Planning Board member Hayden Dublois on "A Ten-Point Plan For Old Marco Parking and Traffic Flow" be placed on a Future Agenda of the Council. Vice-Chair Grifoni requested and received confirmation that the 'Sidewalk Report' will be on the April 18th City Council Agenda. Councilor Folley requested that the recently-discussed Water Quality Workshop be placed on a Future Agenda of the Council. [Editorial Note: Deputy City Clerk Lina Upham was asked to solicit Council member availability for a Workshop between the first and second Council Meetings in May, 2022 (between May 2nd and May 16th)] 15. Council Reports ID 22-2178 Dredging Big Marco and Capri Pass - Councilor Rich Blonna Councilor Blonna briefly summarized the highlights from his whitepaper, and he proposed an action plan to address the navigational and safety issues at Big Marco/Capri Pass. Public Comment City of Marco Island Florida Page 6 City Council Meeting Minutes - Final April 4, 2022 Mr. Frank Perrucci, representing the Marine Industries Association of Collier County, supported Councilor Blonna's assessment of the safety situation that currently exists in Big Marco/Capri Pass, and he offered his insights and recommendations in encouraging the responsible state and federal agencies to engage more actively on this problem. Mr. Gene Burson, Commander of the Marco Island Sail and Power Squadron, reminded the Council of the Squadron's twice-per-year survey of the 'Aids to Navigation' markers (ATONS) around the Island. Noting that many ATONS are missing or mis-located, he expressed his organization's concern with the safety and economic impacts that improper navigational markers have on the Marco Island boating community. MOTION by Councilor Blonna, seconded by Councilor Folley, that the City Manager be Authorized to Expend No More Than $10,000.00 in City Funds to Augment the Gulf Survey Activity Being Undertaken by the Hideaway Beach Tax District Board in Support of Obtaining a Survey that can Be Submitted to State Agencies with a Dredging Permit Request for Big Marco Pass, 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 16. City Manager's Report City Manager McNees pointed the Council to the Departmental Reports for both the Public Works and the Water & Sewer Department attached to the evening's agenda that summarize City actions currently underway in response to the Environmental Research & Design, Inc. (Dr. Harper) report on water quality improvement. In future editions of the Departmental Reports for both departments, continuing actions in response to the report's recommendations will be highlighted in blue. Mr. McNees also advised the Council and the public of the Water & Sewer Department's 'Open House' at its North Water Treatment Plant on Wednesday, April 13th, from 9:00 - 11:30 A.M. A map and additional information is available on the City's website at www.cityofmarcoisland.com. 17. City Attorney's Report City Attorney Gabriel advised the Council that a demand letter was sent on April 1st to the owner of the property with an accruing $267,000 lien balance, and that a further course of action will be discussed with the Council once the owner responds (or fails to respond) in a timely manner. 18. Departmental Reports ID 21-1915 Monthly Departmental Reports Councilor Blonna raised several questions regarding: 1) reference to a stormwater management ordinance, and; 2) the water quality restoration plan (4e) reference in the Public Works Departmental Report, as well as; 3) the reference to the selection of a wastewater treatment consultant study in the Water & Sewer Department Report. Councilor Folley asked Police Chief Frazzano for clarification on the impact to the City's crime reporting statistics once the FBI's National Incident Based Reporting System (NIBRS) is adopted nationwide. Councilor Irwin addressed several questions to Police Chief Frazzano regarding statistics in the latest Police Department Report regarding: 1) parking; 2) noise; 3) persons arrested, and; 4) daily traffic count on the Judge SS Jolley Bridge. Councilor Rola also requested from Chief Frazzano clarification on when the collection of daily, incoming City of Marco Island Florida Page 7 City Council Meeting Minutes - Final April 4, 2022 traffic counts began. He also asked Public Works Director Tim Pinter for copies of several documents referenced in the Public Works Department Report. 19. Citizens' Comments Ms. Christine Dowell (Biscayne Way) shared a number of comments and questions that she received from citizens on items included in the Departmental Reports. 20. Adjournment There being no further business before the Council, the meeting adjourned at 8:09 P.M. ___________________________ Erik Brechnitz, Council Chair ATTEST: ____________________________________ Lina Upham, Deputy City Clerk PREPARED BY: ___________________________ Jim Kornas, Recording Specialist City of Marco Island Florida Page 8