City Council

City of Marco Island Florida 51 Bald Eagle Drive Marco Island, Florida cityofmarcoisland.com Meeting Minutes - Final Monday, April 18, 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 18, 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 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 Reverend Scott Kerens of the Marco Presbyterian Church. 4. Pledge of Allegiance Led by Chair Brechnitz. 5. Approval of the Agenda MOTION by Vice-Chair Grifoni, seconded by Councilor Blonna, 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 21-1916 Approval of the City Council Meeting Minutes of April 4, 2022 MOTION by Councilor Folley, seconded by Vice-Chair Grifoni, that the City Council Meeting Minutes of April 4, 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 Councilor Rola requested that Items 7a. (Approving the Purchase Order for One Source Construction, Inc. City of Marco Island Florida Page 1 City Council Meeting Minutes - Final April 18, 2022 ... in the amount not to exceed $69,170.00), 7b. (Approving the Purchase Order for One Source Construction, Inc. ... in the amount not to exceed $103,880.00) and 7d. (Acceptance of Agreement for Veterans' Community Park Donation) be removed from the Consent Agenda. As a result, Items 7a., 7b. and 7d. are now reflected in these Minutes under Topic #13: Items Removed From the Consent Agenda. MOTION by Councilor Blonna, seconded by Councilor Rola, 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 the Routine Item Listed Below] c. ID 22-2211 Approving the Appointments to the Hideaway Beach District Board 8. Proclamations and Presentations a. ID 22-2208 Proclamation Recognizing Arbor Day 2022 Chair Brechnitz, with the support of the entire Council, read a Proclamation proclaiming April 29, 2022 as 'Arbor Day' for Marco Island. Ms. Shelli Connelly, Chair of the Beautification Advisory Committee, received the Proclamation and a warm round of applause from all present. b. ID 22-2215 2022 Marco in Bloom Awards At the invitation of Chair Brechnitz, Ms. Shelli Connelly, Chair of the Beautification Advisory Committee, outlined the selection criteria and announced the winning and runner-up recipients of the 2022 Marco-In-Bloom Awards. Nominated properties were judged in three categories: 1) Condominiums; 2) Residential Properties - Professionally Landscaped, and; 3) Residential Properties - Personally Landscaped. Representatives and/or homeowners for the awarded properties received a '2022 Marco-in-Bloom Awardee' yard sign and enthusiastic applause from those in attendance. A brief video recognizing all of the nominated properties for this year's competition followed. c. Impromptu Recognition Chair Brechnitz took a moment to recognize the impending departure from the City Staff of Mr. Tim Pinter, Public Works Director, and Ms. Mary Holden, Growth Management Department Senior Planner. All present gave them a warm round of applause and thanked them for their years of 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 Mr. Phil Kostelnik (Channel Ct.) referenced recent examples of high-visibility 'smash and grab' criminal actions in major U.S. cities, and he thanked the Marco Island's Police and Fire Departments for their past success in protecting the citizens and business owners of Marco Island. He specifically highlighted the need to implement effective actions to protect the Island's business owners from similar 'smash and grab' incidents in the future. Mr. Ed Issler (S. Joy Cir) raised concern with the direction taken by the City Council at its Quasi-Judicial Hearing on March 7, 2022 regarding the off-site parking agreement for the commercial property located at 1202 Bald Eagle Drive. Citing his understanding of the City's Land Development Code (LDC), Mr. Issler indicated that the LDC does not allow a Site Development Plan to be approved until the parking plan has been recorded. In light of this understanding, he requested that the City Council review its current direction City of Marco Island Florida Page 2 City Council Meeting Minutes - Final April 18, 2022 with further counsel and input from the City Attorney. Additionally, Mr. Issler advised the Council that the Take Back Marco Political Action Committee has, to date, obtained 800 signatures toward its drive to qualify to have its proposed residential rental registration ordinance brought before the Island's voters in a referendum in August, 2022. Ms. Renee Ford (Bald Eagle Drive) recalled her appearance during the Citizen Comments portion of the April 5, 2021 City Council meeting regarding her observations about the increasing litter and declining cleanliness of the Island's inland areas. Now, as a member of the 'Love Your Island Litter Prevention Committee' of the Marco Island Rotary Club, she announced the Committee's first inland Island cleanup event and expressed the desire of her Committee to partner with the City's Beautification Advisory Committee on a quarterly basis to remain vigilant and to apply recurring corrective effort toward this issue. 10. Quasi-Judicial Public Hearing None. 11. Ordinances A. Public Hearings ID 22-2217 Ordinance - Second Reading - Final Adoption of an Amendment to the City of Marco Island 2040 Comprehensive Plan Incorporating by Reference the Ten-Year Water Supply Facilities Work Plan and Adopting a Property Rights Element to the City Council Deputy City Clerk Lina Upham read Ordinance 22-04 into the record by title only. Growth Management Department Senior Planner Mary Holden briefly outlined the nature of the changes to the Marco Island 2040 Comprehensive Plan. One question was directed to Water & Sewer General Manager by Councilor Rola. No members of the public came forward to offer comment. MOTION by Councilor Folley, seconded by Councilor Blonna, that Ordinance 22-04 - Second Reading - Final Adoption of an Amendment to the City of Marco Island 2040 Comprehensive Plan Incorporating by Reference the Ten-Year Water Supply Facilities Work Plan and Adopting a Property Rights Element to the City Council, 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. First Readings 1. ID 22-2218 Ordinance - First Reading - Land Development Code Amendments - Removal of Affordable Housing Density Bonus and Incentive Units Deputy City Clerk Lina Upham read the first reading of the Resolution into the record by title only. City of Marco Island Florida Page 3 City Council Meeting Minutes - Final April 18, 2022 Growth Management Department Senior Planner Mary Holden noted that the proposed amendments were brought forward to align the Land Development Code with the Marco Island 2040 Comprehensive Plan. She also addressed several questions from members of the Council. No members of the public came forward to offer comment. MOTION by Councilor Folley, seconded by Councilor Blonna, that the Ordinance - First Reading - Land Development Code Amendments - Removal of Affordable Housing Density Bonus and Incentive Units, 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 2. ID 22-2220 Ordinance - First Reading - Revisions to Code Language in Section 54-116 Boathouses - Allowing Boat Dock Canopies and Boat Lift Canopies with Design Requirements. Also Revising and Adding Definitions to Section 54-101 Deputy City Clerk Lina Upham read the first reading of the proposed ordinance into the record by title only. Community Affairs Director Daniel J. Smith reviewed the background for the proposed revisions and addressed several questions by members of the Council. Public Comment Mr. Dick Nemmers (Breakwater Ct.) expressed his support for the proposed revisions, and he noted that more than 40 residential dock owners have already placed deposits on an aluminum frame with canvas awning design that would be allowed under this revised ordinance. Mr. William Palladino (Sea Ct.) noted his multiple appearances before the Planning Board and the City Council on this issue, and he noted the emergence of service providers that will remove the canvas canopy for homeowners that might be away when an impending storm is likely. He asked the Council to approve the proposed revisions to the ordinance. Captain Barbara Evans (Rose Ct.) showed photos of residential fence structures that she believes obstructs the view from neighboring properties far more than the proposed boat canopies. She indicated her support for the revised ordinance. Mr. Ralf Unruh (Martinique Ct.) similarly showed a photo of an allowed, white, six-foot vinyl fence on the Island that, in his mind, is far more intrusive than the appearance of boat canopies on the Island's canals. He requested that the Council approve the proposed revisions to the ordinance. Ms. Patti Lamotte (Heathwood Dr.), representing the Marco Island Civic Association Board of Directors, reminded the Council of the concerns that resulted in boat houses and similar structures being restricted back in 1998. She cited certain elements of the proposed ordinance as being "vague", and she asked the Council to thoughtfully review and consider the concerns that M.I.C.A. and others have raised about the proposed structures. City of Marco Island Florida Page 4 City Council Meeting Minutes - Final April 18, 2022 Mr. Hans Loose (Lamplighter Dr.) expressed his belief that the presence of boat canopies of varying designs, sizes and colors will reduce the property values of homeowners on the Island. He asked the Council to reject the proposed revisions to the ordinance. MOTION by Councilor Irwin, seconded by Councilor Blonna, that Ordinance - First Reading - Revisions to Code Language in Section 54-116 Boathouses - Allowing Boat Dock Canopies and Boat Lift Canopies with Design Requirements. Also Revising and Adding Definitions to Section 54-101, be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Councilor Babrowski, Councilor Blonna, Councilor Folley, Vice-Chair Grifoni, Councilor Irwin and Councilor Rola No: 1- Chair Brechnitz 12. Resolutions & City Council Items a. ID 22-2213 Approving the Purchase Order for Hole Montes, Inc., for the Design of the Collier Alternate Bike Lane Project, in an amount not to exceed $207,065.00 Public Works Director Timothy Pinter noted that the proposed project is a continuation of the Island's ongoing bike lane project, and he addressed two questions from members of the Council. No members of the public came forward to offer comment. MOTION by Councilor Irwin, seconded by Councilor Blonna, that the Purchase Order for Hole Montes, Inc. for the Design of the Collier Alternate Bike Lane Project, in an Amount Not to Exceed $207,065.00, 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 22-2214 Approving the Purchase Order for Atkins North America, Inc., for the Design of the North Barfield Shared Use Pathway Project, in an amount not to exceed $137,202.08 Public Works Director Timothy Pinter noted that the North Barfield Shared Use Pathway Project is a top priority in the Ad Hoc Bike Committee 2022 Master Plan. The requested amount provides funding for the design stage of the project timeline. Public Comment Mr. Phil Kostelnik (Channel Ct.) came forward as a member of the Ad Hoc Bike Committee to express his appreciation for the Council's support on this and previous projects. He concluded his comments by sharing his recent observation of adults riding with children who are not properly outfitted with bicycle safety helmets. MOTION by Councilor Folley, seconded by Councilor Irwin, that the Purchase Order for Atkins North America, Inc. for the Design of the North Barfield Shared Use Pathway Project, in an Amount Not to Exceed $137,202.08 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 18, 2022 c. ID 22-2216 Authorize the City Manager to Issue a Purchase Order to Marine Diesel Service, Inc. in the Amount of $145,536.00 for Fireboat 50 Engine Repower After considerable discussion, and with the unanimous consent of the Council, Chair Brechnitz asked the City Manager and Staff to conduct an analysis and bring back to the Council: 1) a cost-benefit assessment and comparison of alternatives to repowering the existing 10-year old Fireboat 50 Marine Fire Rescue Boat, and; 2) a full review of the interlocal mutual aid agreements and specifics where the City of Marco Island provides and receives mutual aid services with / from other local, state and federal jurisdictions and agencies. No members of the public came forward to offer comment. d. ID 22-2219 Sidewalk Referendum Questions and Follow-up Discussion to Councilor Grifoni’s February position paper City Manager McNees shared the City Staff's assessment of the opportunities and limitations of pursuing either: 1) the creation of a special assessment district, or; 2) a City-wide ad valorem taxing district for funding the City's assumption of responsibility for the care and maintenance of all City sidewalks. After considerable discussion, the Council unanimously concurred with Chair Brechnitz's direction to the City Staff to bring the budgeting of this initiative into the Council's 2023 fiscal year budget development process. No members of the public came forward to offer comment. 13. Items Removed from the Consent Agenda 7a. ID 22-2209 Approving the Purchase Order for One Source Construction, Inc., for the installation of Storm Drainage Improvements at 482 North Barfield Drive, in the amount not to exceed $69,170.00 Councilor Rola requested insight and clarification on the swale restoration efforts along Barfield Drive prior to, and following, this project. Public Works Director Timothy Pinter addressed Councilor Rola's questions and concerns. No members of the public came forward to offer comment. MOTION by Councilor Rola, seconded by Councilor Blonna, that Purchase Order for One Source Construction, Inc., for the Installation of Storm Drainage Improvements at 482 North Barfield Drive, in the Amount Not to Exceed $69,170.00, 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 7b. ID 22-2210 Approving the Purchase Order for One Source Construction, Inc., for the installation of Storm Drainage Improvements at 1085 Rupert Drive, in the amount not to exceed $103,880.00 Councilor Rola requested insight and clarification on the swale restoration efforts prior to, and following, this project. Public Works Director Timothy Pinter addressed Councilor Rola's questions and concerns. No members of the Council or the public raised question or concern with this item. City of Marco Island Florida Page 6 City Council Meeting Minutes - Final April 18, 2022 MOTION by Councilor Rola, seconded by Vice-Chair Grifoni, that the Purchase Order for One Source Construction, Inc., for the Installation of Storm Drainage Improvements at 1085 Rupert Drive, in the Amount Not to Exceed $103,880.00, 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 7d. ID 22-2223 Acceptance of Agreement for Veterans’ Community Park Donation Councilor Rola expressed concern with several of the provisions in the proposed agreement with the donating party. Citing the proposed term (99 years), and certain provisions granting review rights and rights of first refusal as examples, he characterized the donation agreement document as more of a 'business agreement' rather than a 'donation', Councilor Rola requested that his colleagues consider the long-term effects of this arrangement. Public Comment Ms. Mary Alger (Clyburn St.) indicated her initial opposition to allowing a donor the rights to name the Veterans' Community Park bandshell prior to hearing its proposed name. Once learning the details, she expressed her support for the name (Unity Bandshell) and the donation. Mr. Dave Everson (Bald Eagle Dr.) shared his concern regarding the 'legalese' and the degree of control that the City gives up in accepting the proposed donation agreement. He believes that it would be an injustice to the citizens of Marco Island for the Council to approve this donation agreement. Mr. Dwight Goslee (Treasure Ct., via telephone) referenced his email to members of the Council regarding his reservations and concerns regarding this donation agreement. He questioned how the $1.0 million donation will impact the overall cost of the Veterans' Community Park project. MOTION by Councilor Blonna, seconded by Councilor Folley, that the Acceptance of the Agreement for the Veterans' Community Park Donation, 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 14. Council Communications & Future Agenda Councilor Blonna advised the Council of his continued efforts to identify and nominate property parcels to Conservation Collier. At the next Conservation Collier meeting on May 4th, he intends to present the City's Rapid Infiltration Basins (RIBS) property to Conservation Collier as discussed during the Council's March 21, 2022 session. Additionally, he reported that, of the 22 residential property parcels on Marco Island with gopher tortoise burrows, two property parcel owners have expressed an openness to receiving a purchase bid from Conservation Collier if their properties are deemed to be of interest. Councilor Blonna also solicited comments from his fellow Councilors on restoring the practice of having the City Council review and approve the Site Development Plans for all commercial properties that first come forward to the Planning Board for review and approval. Councilors Grifoni, Folley and Brechnitz questioned the value of restoring this secondary approval process on Site Development Plans that fully meet all provisions in the Marco Island Code of Ordinances. Councilor Babrowski, in recalling previous Council discussions on: 1) the parking and congestion issues in Old Marco, and; 2) budgeted City monies for approved road improvement projects not being fully spent, City of Marco Island Florida Page 7 City Council Meeting Minutes - Final April 18, 2022 requested that no reallocation of those unspent road improvement funds be undertaken until Councilor Blonna's 'A Ten-Point Plan for Old Marco Parking and Traffic Flow' be reviewed by the Council. Councilor Babrowski also referenced and supported the citizen email received by members of the Council regarding the height of center median landscaping at the pedestrian crossings along Collier Boulevard. She requested that the City promptly address this highlighted safety concern. Vice-Chair Grifoni shared photos of residents and visitors enjoying recent special events at Mackle Park, and he thanked the Parks & Recreation staff for continuing to build community spirit on the Island. He expressed his desire to see a thoughtful discussion regarding programming and expanded park maintenance support during the upcoming 2023 fiscal year budget process. Vice-Chair Grifoni also brought attention to the recent press release by Heartland Forward that ranked the Naples/Marco Island area as the 10th most dynamic area in the United States. He reviewed several of the key criteria used to establish this ranking, and he pointed to the expanded economic base that the Naples/Marco Island area has enjoyed over the last 30 years as a key contributor to its success. Vice-Chair Grifoni concluded by highlighting an assessment published in the April 11th edition of the Wall Street Journal that identified the U.S. states that fared best through the COVID pandemic. Noting that Florida ranked very well in this analysis, Vice-Chair Grifoni attributed Florida' resiliency to actions by state and local leaders that minimized lockdowns and avoided the imposition of authoritarian measures. Councilor Folley concurred with Vice-Chair's observations and noted that the Wall Street Journal analysis did not factor in Florida's largely older population in comparing its performance to that of other, younger states. In separate comments later during Council Communications, he confirmed with City Manager McNees that the City Staff is coordinating its efforts and recommendations with the efforts of the Ad Hoc Bike Path Committee regarding traffic congestion and pedestrian / bicycle safety in the Old Marco area. Councilor Irwin supported Councilor Babrowski's comments regarding pedestrian safety at the City's crosswalks, and she indicated that she (Councilor Irwin) had spoken with Public Works Director Pinter and the owner of the City's landscape maintenance provider about the height of the vegetation at those crosswalks. Councilor Irwin continued her remarks by communicating that the 'Ten Thousand Trees in Ten Years' initiative is progressing, and that a Memorandum of Understanding is being drafted with the leadership of the Naples Botanical Garden to provide consultation assistance. Councilor Irwin concluded by thanking all of the visitors and guests who made Marco Island their destination of choice during this fall and winter season, and for continuing to enhance Marco Island's reputation as "the happiest place on earth". Chair Brechnitz reminded the Council (and all viewing the proceedings) of the 80th anniversary of the Doolittle Raid on Tokyo. Though the physical damage from the aerial bombing was minimal, the psychological effect on the citizens of both Japan and the United States was a crucial turning point in the Pacific theatre of World War II. Chair Brechnitz concluded by requesting the status of the Conditional Use Permit application for Caxambas Park, and the solicitation of bids for the reconstruction of the Winterberry bridge at South Heathwood Drive. Community Affairs Director Smith and Public Works Director Pinter provided responses. ID 21-1917 Future Agenda Items Councilor Blonna noted that his request during the April 4th City Council's Council Communications to bring forward a whitepaper co-authored with new Planning Board member Hayden Dublois on 'A Ten-Point Plan For Old Marco Parking and Traffic Plan' had not yet appeared on the Council's Future Agenda. City of Marco Island Florida Page 8 City Council Meeting Minutes - Final April 18, 2022 (Editorial Note: City Manager McNees apologized for the oversight and assured Councilor Blonna that this would be corrected). Councilor Babrowski requested that a comprehensive review and discussion of City employee compensation, travel allowances, workload, working environment and employee survey results be placed on a Future Agenda (or Workshop) for the Council. 15. Council Reports None. 16. City Manager's Report City Manager McNees reported that more than 3,000 responses to the Citizen Survey had been received, and that a report on the results will be coming before the Council in May. In concert with this survey, Mr. McNees indicated that the anticipated citizen engagement smartphone app is currently being tested and will be deployed during the month of May as well. In addressing employee retention and recent City Staff turnover, Mr. McNees outlined: 1) what has been done; 2) what is happening now, and; 3) what future actions can be undertaken to stabilize and retain the City's employee talent pool. He assured the Council that he and his leadership team are taking this situation seriously, and that the City's important initiatives and projects are progressing as planned. 17. City Attorney's Report ID 21-1918 City Attorney’s Report City Attorney Gabriel directed the Council's attention to his written City Attorney Report for their consideration. 18. Departmental Reports ID 21-1919 Monthly Departmental Reports Councilor Blonna requested the status of the City's Five-Year Plan for Parks & Recreation. Community Affairs Director Smith confirmed that the development of the plan is still on track. 19. Citizens' Comments Mr. Ed Issler (S. Joy Cir., via telephone) communicated his understanding that the City of Naples does not allow short-term vacation rentals, and that 25 of the 30 cities recognized in the Heartland Forward ranking quoted by Vice-Chair Grifoni during Council Communications have rental registration programs. Mr. Issler also commented on the Council's sidewalk discussion (Item 12d of the Agenda) by questioning: a) whether the 1% temporary Collier County sales tax increase could help fund the City's improvement and maintenance of sidewalks, or; b) if the $1 million donation for Veterans' Community Park (Item 7d under Items Removed From The Consent Agenda) could free up other City-budgeted funds to address the City's improvement and maintenance of sidewalks. 20. Adjournment There being no further business before the Council, the meeting adjourned at 9:04 P.M. City of Marco Island Florida Page 9 City Council Meeting Minutes - Final April 18, 2022 ___________________________ Erik Brechnitz, Council Chair ATTEST: ____________________________________ Lina Upham, Deputy City Clerk PREPARED BY: ___________________________ Jim Kornas, Recording Specialist City of Marco Island Florida Page 10