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City Council

Regular Meeting

Marco Island, FL · June 6, 2022

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Minutes

City of Marco Island Florida 51 Bald Eagle Drive Marco Island, Florida cityofmarcoisland.com Meeting Minutes - Final Monday, June 6, 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: Mike Sheffield City Council Meeting Minutes - Final June 6, 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 Mike Sheffield, City Clerk Alan L. Gabriel, City Attorney Tracy Frazzano, Police Chief Chris Byrne, Fire Chief Daniel J. Smith, Community Affairs Director Jeff Poteet, Water & Sewer General Manager Martin Luna, Video/Broadcast Technician Jim Kornas, Recording Specialist Citizens and Visitors 3. Invocation Offered by Father Timothy Navin of the San Marco Catholic Church. 4. Pledge of Allegiance Led by Chair Brechnitz. 5. Approval of the Agenda Chair Brechnitz noted that Item 8b. (Presentation - Fourth of July Fireworks Donation) would be presented by Ms. Sharon Lockwood of the J.W. Marriott Marco Island Beach Resort. Councilor Blonna raised a procedural question regarding the appearance of Item 8c (Presentation - Florida Alliance for Vacation Rentals) and whether it should be removed and placed on a Future Agenda or, if allowed, be placed under Item 12 (Resolutions & City Council Items) coincident with the Council's discussion of Item 12c. (Discussion Related to the Vacation Rental Registration Initiative). After brief Council discussion and Chair Brechnitz's attempt to obtain Council consensus, a Motion was put forward for Council vote. MOTION by Vice-Chair Grifoni, seconded by Councilor Irwin, that the Agenda be Approved as Amended to recognize the change to Item 8b. and to keep Item 8c. on the Agenda as noted. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 5- Councilor Babrowski, Councilor Folley, Vice-Chair Grifoni, Councilor Irwin and Chair Brechnitz No: 2- Councilor Blonna and Councilor Rola 6. Approval of the Minutes City of Marco Island Florida Page 1 City Council Meeting Minutes - Final June 6, 2022 a. ID 22-2283 Approval of the Budget Policies & Assumptions Workshop Minutes of May 16, 2022 MOTION by Councilor Blonna, seconded by Councilor Folley, that the Budget Policies & Assumptions Workshop Minutes of May 16, 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 b. ID 21-1927 Approval of the City Council Meeting Minutes of May 16, 2022 MOTION by Councilor Rola, seconded by Councilor Blonna, that the City Council Meeting Minutes of May 16, 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 MOTION by Councilor Blonna, seconded by Councilor Rola, that the Consent 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 [Approval of the Consent Agenda Passed All Routine Items Listed Below] a. ID 22-2295 Approval of Proclamation for the Rotary Club of Marco Island Noontime b. ID 22-2287 Approval of Amendment to the Agreement with Special Magistrate, Myrnabelle Roche, Esq., to Allow for a Minimum Charge of $645 (or 3 hours) per Hearing Date - Lina Upham, Purchasing & Risk Manager c. ID 22-2301 Letter of Support of Acquisition of a Parcel for the Conservation Collier Program - Councilor Rich Blonna 8. Proclamations and Presentations a. ID 22-2072 Employee Service Awards: Jeff Poteet - 30 Years of Service City Manager McNees recognized and called forward Water & Sewer Utility General Manager Jeff Poteet to receive his service recognition certificate and pin for 30 years of service to the City and the citizens of Marco Island which commenced five years before the City's incorporation in 1997. With his wife at his side, Mr. Poteet received his award from Council Chair Brechnitz with the support of the entire Council, City Staff and the citizens present. A warm round of congratulatory applause followed. b. ID 22-2285 Presentation - Marco Island Civic Association Fourth of July Fireworks Donation - Ruth McCann, Executive Director Ms. Sharon Lockwood, Area General Manager of the J.W. Marriott Marco Island Resort, was pleased to present a ceremonial $10,000.00 check to Chair Brechnitz and the City of Marco Island to help support City of Marco Island Florida Page 2 City Council Meeting Minutes - Final June 6, 2022 this year's Fourth of July Freedom Celebration and fireworks display. Chair Brechnitz led those gathered in the chamber in a warm round of applause in thanks and appreciation to the leadership and staff of the J.W. Marriott Marco Island Resort. c. ID 22-2289 Presentation - Florida Alliance for Vacation Rentals - Denis Hanks, Executive Director Mr. Denis Hanks, Executive Director of the Florida Alliance for Vacation Rentals, shared the results of a 2020 report by the University of Central Florida on the business and economic impact of the vacation rental industry on the State of Florida in general, and Marco Island, in particular. Indicating a pro-regulatory stance on home sharing arrangements, Mr. Hanks also provided the Council with specific information regarding the implementation and results of a rental registration ordinance that was put into effect in Ft. Lauderdale in 2015. At the conclusion of Mr. Hanks' presentation and his responses to questions raised by members of the Council, Chair Brechnitz opened the floor to public comment. Mr. Hayden Dublois (Collier Ct.) expressed his belief that stronger local regulation of single-family vacation rental homes will not negatively impact the desirability of Marco Island as a vacation destination. He pointed to information obtained from the recent Marco Island Citizen Survey as evidence that residents are calling upon the Council to act decisively on this issue. Mr. Ed Issler (S. Joy Cir.) challenged the data and the conclusions outlined in Mr. Denis Hanks' presentation and reiterated his understanding that short-term, single-family vacation homes are recognized by the State of Florida as businesses and, therefore, should be subject to local regulatory oversight. Ms. Christine Dowell (Biscayne Way) urged the Council to prioritize the wants and needs of residents over those of transient visitors and vacationers. She pointed to data from the Marco Island Citizen Survey as evidence that the residents of the Island distrust the Council to act in their interest on the issue of short-term, single-family vacation homes, and she offered alternative data to the information presented by Mr. Hanks. Mr. Mark Morze (Yellowbird St.) expressed his opinion that any ordinance that might require homeowners who rent their homes to register their guests should also apply to homeowners who temporarily accommodate family members or guests during visits. d ID 22-2290 Presentation - 2022 Atlantic Hurricane Preparedness - Chris Byrne, Fire-Rescue Chief Marco Island Fire Chief Chris Byrne presented an overview of what members of the community can do to prepare for the 2022 hurricane season, and he outlined key tools and capabilities that the City has in place to respond. He also invited all members of the public to an Island-wide Town Hall Meeting on June 22nd at 5:30 P.M. to review and discuss hurricane preparation and response tactics for this coming season. 9. Citizens' Comments on Agenda Items Not Scheduled for Public Hearing and Items Other Than Those Appearing on the Agenda Mr. Phillip Kostelnik (Channel Ct.) reminded all present of the 78th anniversary of the Allied invasion of Normandy and he voiced his appreciation to those who made the ultimate sacrifice to free Europe from tyranny and to ensure the freedoms that we, as Americans, enjoy. Mr. Hayden Dublois (Collier Ct.), as a member of the Marco Island Planning Board, provided the Council with an overview of the discussion at the most recent Planning Board Meeting regarding the application of patron-to-parking ratios for commercial businesses on the Island. He noted the Planning Board's City of Marco Island Florida Page 3 City Council Meeting Minutes - Final June 6, 2022 unanimous request for the Council to provide direction to the Planning Board on this issue. Mr. Ed Issler (S. Joy Cir.) urged the Council to listen to, and to sympathize with, the needs and wants of the citizens of Marco Island in addressing the negative effects of short-term, single-family vacation home rentals in residential districts on the Island. Ms. Nanette Rivera (Solana Ct.), as Vice-Chair of the Planning Board, noted the cost and complexity that is arising from classifying boat canopies as permanent structures under Ordinance #22-05 that was approved by Council at its May 2, 2022 meeting. She requested that the Council direct the City Staff to review the Ordinance, and to return it to its simple, minimally-bureaucratic intent. Mr. Ralf Unruh (Martinique Ct.) concurred with the perspective and request voiced by Planning Board Vice-Chair Rivera, and he shared several photos that supported his view that the recently-approved boat canopies should be classified as 'temporary' rather than 'permanent' structures. Captain Barbara Evans (Rose Ct.) urged the Council to "make this easy" and simply classify canvas boat canopy covers as 'non-permanent'. Mr. David Crain (Gayer Way) agreed with those who preceded him and asked the Council to "get this done". Mr. Charles Monthier (no address given) came forward to indicate his support of the direction voiced by those who came forward on this issue. Following the public comments received, Chair Brechnitz asked City Manager McNees to revisit the Ordinance and to bring forward a solution that addresses the concerns raised by those who came forward to speak on this issue. 10. Quasi-Judicial Public Hearing None. 11. Ordinances A. Public Hearings ID 22-2286 Ordinance - Second Reading - Amending Chapter 22 “Fire Prevention and Protection,” Article III “Firefighters’ Pension Plan” - Chris Byrne, Fire Chief City Clerk Mike Sheffield read Ordinance 22-06 into the record by title only. Fire Chief Chris Byrne outlined the reason for the amendment, and he pointed out the deletion of a line in the language of the Ordinance since the Ordinance's First Reading on May 16, 2022. No members of the public came forward to offer comment. MOTION by Councilor Irwin, seconded by Councilor Blonna, that Ordinance 22-06 - Second Reading - Amending Chapter 22 "Fire Prevention and Protection", Article III "Firefighters' Pension Plan", 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 4 City Council Meeting Minutes - Final June 6, 2022 B. First Readings None. 12. Resolutions & City Council Items a. ID 22-2268 Approve Memorandum of Understanding with the Naples Botanical Gardens - Casey Lucius, Assistant City Manager Assistant City Manager Casey Lucius outlined the elements of the proposed Memorandum of Understanding, and she addressed several questions and comments raised by members of the Council. Public Comment Ms. Nanette Rivera (Solana Ct.), shared her experience as a Board member on the Big Cypress Basin Board in working with the Naples Botanical Gardens (NBG) in the identification and development of alternative ground covers for swales. She volunteered the swale in front of her home for testing on Marco Island should the City wish to pursue such an activity with the NBG. MOTION by Councilor Irwin, seconded by Councilor Folley, that the April 29, 2022 Memorandum of Understanding between the City of Marco Island and the Naples Botanical Gardens 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 22-2270 Municipal Code Audit Discussion and Options - Casey Lucius, Assistant City Manager Assistant City Manager Casey Lucius summarized the Council's initial direction to the City Staff at its October 4, 2021 meeting, and she outlined the subsequent actions by the City to identify the proposed resource to conduct a Municipal Code Audit of the City's Code of Ordinances. Noting the budgetary impact in pursuing one of two alternative timetables for beginning the process (either July, 2022 under the current 2022 fiscal year or October 2022 with the start of the 2023 fiscal year), Ms. Lucius addressed a number of questions raised by members of the Council regarding the scope of the project and the qualifications of the proposed consultant company. Public Comment Ms. Teri Sommerfeld (San Marco Rd.) raised concern with the 'engineering' versus 'legal' orientation of the proposed firm, and she recommended that the Council request that the City expand its search to identify one or more alternative providers. Mr. Ed Issler (S. Joy Cir.) recalled his experience on the Marco Island Planning Board addressing the long and difficult reconciliation of one chapter (Chapter 30) of the City's Land Development Code. He questioned whether the proposed provider's budget estimate to complete a thorough Municipal Code Audit was sufficiently informed and adequate. He, too, suggested that the City expand its search to identify one or more alternative providers. MOTION by Councilor Babrowski, seconded by Vice-Chair Grifoni, that the City Manager be Authorized to Sign an Agreement with SEPI Engineering to begin work in July, 2022 on a comprehensive Municipal Code Audit in an amount not to exceed $70,000, be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: City of Marco Island Florida Page 5 City Council Meeting Minutes - Final June 6, 2022 Yes: 7- Councilor Babrowski, Councilor Blonna, Councilor Folley, Vice-Chair Grifoni, Councilor Irwin, Councilor Rola and Chair Brechnitz (THE MEETING WENT INTO RECESS AT 7:36 P.M. IT IS NOTED FOR THE RECORD THAT ALL COUNCILORS WERE PRESENT WHEN THE MEETING RECONVENED AT 7:41 P.M.) Upon reconvening the meeting, Chair Brechnitz directed that Council's attention to the flower display on the east end of the dais provided by Ms. Susan Neustadt, President of the Calusa Garden Club of Marco Island, in thanks to the City of Marco Island, and in honor of National Garden Week (June 6 - 11, 2022). c. ID 22-2284 Discussion related to Vacation Rental Registration Initiative - Alan Gabriel, City Attorney Chair Brechnitz initiated the discussion by briefly chronicling the recent actions of the Take Back Marco Political Action Committee (PAC) to qualify its proposed Ordinance and referendum with the Collier County Supervisor of Elections. City Attorney Alan Gabriel described the responsibilities of the Council under the City's Charter, as well as its options in addressing the PAC's Ordinance as currently drafted. He reminded the Council of his May 26, 2022 memorandum entitled "Vacation Rental Registration Ordinance" which outlined 19 specific concerns with the proposed Ordinance. A lengthy Council discussion and Public Comment period followed. Public Comment Ms. Elaine Regis (via telephone, no address given), as a Marco Island homeowner who rents her home, expressed strong opposition to the proposed rental registration Ordinance. She sees the provisions of the Ordinance to be too restrictive, unfairly applied, anti-child in its current form, and unconstitutional under Florida law. Ms. Christine Dowell (Biscayne Way) offered her estimation of the fee revenue that could be raised by implementing a rental registration program, and she cited an Easter Sunday (April 17, 2022) incident in a residential neighborhood where multiple weapons and illegal narcotics were confiscated by police. She challenged interpretations of Florida law that suggest that local municipalities like Marco Island cannot regulate short-term, single-family home vacation rentals in residential districts, and she presented a page of 'facts' issued by the Citizens for a Better Marco Political Action Committee regarding interpretations of Florida law on the issue. Mr. Ed Issler (S. Joy Cir.) spoke to a number of elements in the proposed Ordinance as successfully petitioned by the Take Back Marco Political Action Committee, and he cited the number of signatures obtained as evidence of the interest and support by the Island's residents to implement a rental registration process. Mr. Issler further offered his opinion on the additional staffing that may be required to manage and enforce the proposed registration Ordinance, and he cited the Island's original deed restrictions as an important tool in regulating short-term vacation rental activity on the Island. Ms. Sherri Johnson (via telephone, Ember Ct.) raised concern with targeting owners of rental homes with provisions and restrictions that do not apply to other, non-renting homeowners on the Island. She outlined the list of monitoring and safety tools that she has employed to ensure renter safety and neighbor satisfaction, and she asked that residents be considerate of homeowners who rent their properties responsibly. Mr. Martin Winter (Perrine Ct.) expressed his opposition to regulation that, he believes, is costly and City of Marco Island Florida Page 6 City Council Meeting Minutes - Final June 6, 2022 redundant to protections that are already in place to regulate and manage short-term, single-family vacation rental homes on the Island. He believes that a small contingent of people are intent upon closing down all vacation rental home activity, and he sees them using the fear of negative impacts (e.g. increases in crime, decreases in water quality) to generate non-renting homeowner support. He believes that adoption of the proposed Ordinance will subject the City to needless and expensive legal challenges and, as a taxpayer on the Island, he does not want to bear the burden of this cost. He strongly urged the Council to consider real data (vs. emotional appeals) in addressing this issue. Mr. Allen Miller (Snowberry Ct.) expressed his concern that the proposed Ordinance is poorly written and simply adds layers of government onto a problem that should and can be solved by homeowners speaking with one another directly. As a property manager for over 100 properties exclusively on Marco Island, he supports the identification of a local individual who is required to respond to local authorities should an issue arise with a rental property, but he believes that several other provisions in the proposed Ordinance will add unnecessary burden and expense. He does not believe that the proposed Ordinance should go before the voters in its current form. Ms. Beth Baltis (Woodbine Ct.) shared her one month experience living on the Island next door to a single-family vacation rental home that has housed seven different rental tenants over that time. Though she has fallen in love with Marco Island, the situation with the rental home next door is "insane". She believes that there needs to be better City responsiveness and regulation to address this problem on Marco Island. Mr. Matthew Foertsche (Century Dr.) urged caution in embracing increasing government regulation. As a former resident of a highly-regulated state, he experienced the stifling effect of too much oversight over business and personal activities over the years. He sees the proposed Ordinance as not creative enough, and he encouraged the Council to consider a solution that can benefit both the business and the community perspectives that are being expressed relative to this issue. Mr. Mark Dennis (Yellowbird St.), as an individual who operates short-term rentals, pointed to the existing City ordinances that he sees as adequate in addressing the noise, trash and parking concerns expressed by others. He sees the proposed Ordinance as an attempt to violate property rights, and he urged the Council to reject adopting the Ordinance as proposed, but rather, place it before the citizens for a vote. Mr. Louis Johnson (Hummingbird Ct.) sees this issue as one being pushed by a small minority of the Island's population base. He feels that the proposed rental registration Ordinance is a violation of owner property rights, and he urged caution in adopting an Ordinance which the City Attorney has deemed legally problematic. Ms. Anne Marchetti (Milan Ct.) relayed her experience over ten years as a full-time resident grappling with the growth in the number of short-term, single-family vacation rentals that have sprouted up on her block and across her canal. Not seeing the City's current code enforcement actions as adequate, she supports the rental registration program and the Ordinance as proposed. Mr. Bruce Merklinghaus (San Marco Rd.) suggested that the Council either accept the proposed Ordinance or offer one of its own to address the problem. Having seen and heard all of the points of view on this issue, he would like to see action to finally address the problem. Ms. Linda Goslee (Treasure Ct.) expressed her belief that the Political Action Committees that have arisen and are bringing the proposed Ordinance forward are the result of Council inaction over the past eight years. She looks forward to having this issue come before the voters. Mr. Hayden Dublois (Collier Ct.) came forward to dispel several inaccuracies that he believes surround the discussion about short-term, single-family vacation homes on Marco Island. Believing that many of the negative effects of this issue are not obvious, he believes that the results of the recent Marco Island City of Marco Island Florida Page 7 City Council Meeting Minutes - Final June 6, 2022 Citizen Survey certainly indicate the depth of concern that full-time and part-time residents have about this issue. Mr. Paul Tateo (Gayer Way) expressed his belief that the proposed Ordinance will not solve the issues that residents are hoping to see addressed. He noted the limited choices that the Council has at this time regarding the proposed Ordinance, and he encouraged the Council to do what it thinks is right in determining whether to put this proposed Ordinance before the voters. Ms. Julie Scholl (via telephone, Capri Ct.) indicated her belief that a very small percentage of the vacation rental homes on the Island are a problem. Given this belief, she sees the proposed Ordinance to be "excessive", and she encouraged actions that would educate rental home owners on the best practices for responsibly managing their properties. Ms. Teri Sommerfeld (San Marco Rd.) cautioned the Council about placing too much weight on the comments of the responsible, professional property managers who have spoken on this issue. She cited data that some residents have been gathering on this topic, and she expressed appreciation for the Political Action Committees that have worked to bring forward an Ordinance that will provide greater regulation of the short-term vacation rentals on the Island. Mr. Denis Hanks (Florida Alliance for Vacation Rentals Executive Director) came forward to explain and add clarification to the some of the data that he provided earlier in the meeting. Ms. Pam Dooley (Eden Ct.) shared her experience as a member of the Island's working service community and asked the Council to be mindful of the housing costs that are being driven ever higher on the Island. MOTION by Councilor Blonna for the City of Marco Island to Accept and Adopt the Marco Island Ordinance entitled: "Implement a Single-Family Home Transient Rental Registration Program Including Rules, Inspections, Penalties, and Suspensions" as written without revision or modification. MOTION FAILED FOR LACK OF A SECOND. MOTION by Councilor Rola, seconded by Councilor Babrowski, to Find the Initiative Petition to be Sufficient Pursuant to Section 166.03 of the Florida Statutes, and to Request the Collier Supervisor of Elections to Schedule This Item for Vote at the August 23, 2022 Primary Election, be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 4- Councilor Babrowski, Councilor Folley, Councilor Rola and Chair Brechnitz No: 3- Councilor Blonna, Vice-Chair Grifoni and Councilor Irwin Motion To Extend The Meeting MOTION by Councilor Folley, seconded by Councilor Blonna, that the City Council Meeting be extended to conclude no later than 10:15 P.M., 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 d. ID 22-2297 Discussion - Code Compliance and Vendors on the Beach Police Chief Tracy Frazzano and Community Affairs Director Daniel Smith outlined the actions of their respective departments in reviewing and interpreting the City's Code of Ordinances regarding structures on the beach, and they addressed several questions and clarifications requested by members of the Council. City of Marco Island Florida Page 8 City Council Meeting Minutes - Final June 6, 2022 Ms. Joan Paquette, Manager of the Hilton Marco Beach Resort, Mr. Paul Reisinger, owner of Paul's Beach Rentals, and Mr. Bob Mulhere, Director of Planning for Hole Montes, Inc. were all called upon by the Council to provide input and insight on the issue and its implications for business owners and beachgoers on the beach side of the hotels, resorts and condominiums. No other members of the public came forward to offer comment. The Council requested that Mr. Mulhere collaborate with the City in drafting an amendment to the City's Land Development Code that addresses the concerns and long-standing practices of the beach vendors and their customers without unduly affecting other visiting beachgoers. Police Chief Frazzano was asked to temporarily suspend enforcement actions pursuant to the adoption of an amended Code. e. ID 22-2303 Approval of Additional Cost Associated with the One-time Longevity Bonus, Casey Lucius, Assistant City Manager Assistant City Manager Casey Lucius outlined the rationale for the one-time longevity bonus for eligible bargaining unit employees. No members of the public came forward to offer comment. MOTION by Councilor Folley, seconded by Councilor Blonna, that the funding of a one-time longevity bonus for the eligible bargaining unit employees as presented as part of a City-wide retention initiative at the May 2, 2022 City Council meeting, be Approved. MOTION CARRIE BY THE FOLLOWING VOTE: Yes: 7- Councilor Babrowski, Councilor Blonna, Councilor Folley, Vice-Chair Grifoni, Councilor Irwin, Councilor Rola and Chair Brechnitz 13. Items Removed from the Consent Agenda No items were removed from the Consent Agenda at this meeting. 14. Council Communications & Future Agenda Councilor Folley, in referencing the concerns raised by two members of the Marco Island Planning Board and several members of the public during Agenda Item #9 (Public Comment), stated that the Council's approval of Ordinance #22-05 on May 2, 2022 was never intended to burden homeowners with excessive cost or bureaucratic delay in installing boat canopies that meet the City's requirements. [Editorial Note: Community Affairs Director Daniel Smith noted for the Council that Florida State Code requires that any structure that is in place for more than 180 days be classified as 'permanent' and subject to the same permitting, review, survey and approval process as other permanent structures]. Chair Brechnitz surveyed the Council for confirmation that all members were in agreement that boat canopies should be classified as 'temporary'. Consensus on this intent was confirmed for the benefit of the City Staff as it was directed to re-address this issue. Councilor Blonna reported that the City's proposed Rapid Infiltration Basin (RIBS) property was not approved for further consideration and action by Conservation Collier at its most recent meeting. After a brief discussion, Chair Brechnitz asked City Manager McNees to pursue advertising the property for sale and soliciting bids for it. Councilor Blonna also thanked Police Chief Frazzano for spending time with him and introducing him to the Code Enforcement Staff and, separately, for allowing him to experience the police department's firearm training simulator. Councilor Babrowski, in an effort to clarify the Council's intention and direction, asked how the City will proceed in addressing the parking and pedestrian safety concerns in the Old Marco section of the Island, City of Marco Island Florida Page 9 City Council Meeting Minutes - Final June 6, 2022 as well as other outstanding requests for Council direction from the Planning Board. City Manager McNees indicated that the City Staff is actively working on a response to the Council's requested parking and pedestrian safety concerns. Councilor Irwin expressed her preference and hope that the business owners of commercial properties in the Old Marco area would work together with the local residents to develop collaborative, creative solutions to address the parking and pedestrian safety issues in that area. Separately, she also thanked Fire Chief Byrne and Police Chief Frazzano for the ride-along experience that she recently enjoyed with both departments. Vice-Chair Grifoni noted that the Ad Hoc Parking Solutions Committee of several years ago was very successful at obtaining and utlizing community and business owner input in developing its proposals for highly-congested areas of the Island. He also reminded the Council that it had considered and did not agree to pursue some of the more difficult and costly recommendations outlined in the May 2, 2022 presentation to the Council by Councilor Blonna and Planning Board member Hayden Dublois. Vice-Chair Grifoni noted the reduction in standing water at certain intersections after the recent six to nine inch rain event, and he thanked the City Staff for its continued efforts in addressing this around the Island. Chair Brechnitz raised and solicited Council member interest in opening up the City's Sign Ordinance for review at a future meeting of the Council, but withdrew his suggestion upon receiving little support during the Council's subsequent discussion. ID 21-1928 Future Agenda Items Motion To Extend The Meeting MOTION by Councilor Irwin, seconded by Councilor Blonna, that the City Council meeting be extended to conclude no later than 10:30 P.M., 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 15. Council Reports None. 16. City Manager's Report City Manager Mike McNees provided the Council with a brief summary of observations offered by an attendee at the recent May 31 - June 3 Florida City Managers Association Annual Conference. 17. City Attorney's Report None. 18. Departmental Reports ID 21-1929 Monthly Departmental Reports No questions were raised by the Council or the public regarding the Departmental Reports. 19. Citizens' Comments City of Marco Island Florida Page 10 City Council Meeting Minutes - Final June 6, 2022 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 10:26 P.M. ___________________________ Erik Brechnitz, Council Chair ATTEST: ____________________________________ Michael J. Sheffield, City Clerk PREPARED BY: ___________________________ Jim Kornas, Recording Specialist City of Marco Island Florida Page 11

Agenda

51 Bald Eagle Drive City of Marco Island Florida Marco Island, Florida cityofmarcoisland.com Meeting Agenda - Final 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: Mike Sheffield Monday, June 6, 2022 5:30 PM Community Meeting Room 1. Call to Order 2. Roll Call 3. Invocation - Father Timothy Navin of the San Marco Catholic Church 4. Pledge of Allegiance 5. Approval of the Agenda 6. Approval of the Minutes a. ID 22-2283 Approval of the Budget Policies & Assumptions Workshop Minutes of May 16, 2022 Attachments: Budget Policies & Assumptions Workshop of May 16, 2022 b. ID 21-1927 Approval of the City Council Meeting Minutes of May 16, 2022 Attachments: City Council Meeting Minutes of May 16, 2022 7. Approval of Consent Agenda [Approval of Consent Agenda passes all routine items listed below.] a. ID 22-2295 Approval of Proclamation for the Rotary Club of Marco Island Noontime Attachments: Proclamation b. ID 22-2287 Approval of Amendment to the Agreement with Special Magistrate, City of Marco Island Florida Page 1 Printed on 6/3/2022 City Council Meeting Agenda - Final June 6, 2022 Myrnabelle Roche, Esq., to Allow for a Minimum Charge of $645 (or 3 hours) per Hearing Date - Lina Upham, Purchasing & Risk Manager Attachments: Special Magistrate Agreement Amendment Payments made for Special Magistrate Services c. ID 22-2301 Letter of Support of Acquisition of a Parcel for the Conservation Collier Program - Councilor Rich Blonna Attachments: Draft Letter Conservation Collier 6.6.22 8. Proclamations and Presentations a. ID 22-2072 Employee Service Awards: Jeff Poteet - 30 Years of Service b. ID 22-2285 Presentation - Marco Island Civic Association Fourth of July Fireworks Donation - Ruth McCann, Executive Director c. ID 22-2289 Presentation - Florida Alliance for Vacation Rentals - Denis Hanks, Executive Director Attachments: FAVR Marco Island Presentation June 2022 d ID 22-2290 Presentation - 2022 Atlantic Hurricane Preparedness - Chris Byrne, Fire-Rescue Chief Attachments: City Council Presentation 6.6.22 9. Citizens' comments on agenda items not scheduled for public hearing and items other than those appearing on the agenda. TIME CERTAIN 6:00 P.M. OR AS SOON AS POSSIBLE THEREAFTER [Those who have signed in will be given the first opportunity to speak. Time is limited to 4 minutes per speaker and 30 minutes total time for this agenda item.] 10. Quasi-Judicial Public Hearing Please be advised that the following items on the agenda are quasi -judicial in nature. If you wish to comment upon these items, please inform the Clerk by filling out the available sign -up form. An opportunity for persons to speak on the items will be made available after the applicant and staff have made their presentations under oath or affirmation. Additionally, each person who gives testimony may be subject to cross-examination. If you refuse either to be cross-examined or to be sworn, your testimony will not be considered. The general public will not be permitted to cross-examine witnesses, but the public may request the Council to ask questions of staff or witnesses on their behalf. Persons representing organizations must present evidence of their authority to speak for the organization. (Council members to communicate ex -parte communication.) 11. Ordinances City of Marco Island Florida Page 2 Printed on 6/3/2022 City Council Meeting Agenda - Final June 6, 2022 A. Public Hearings ID 22-2286 Ordinance - Second Reading - Amending Chapter 22 “Fire Prevention and Protection,” Article III “Firefighters’ Pension Plan” - Chris Byrne, Fire Chief Attachments: ORDINANCE 22-06 Marco Island Firefighters Pension Plan Actuarial Impact Statement 5.25.22 B. First Readings 12. Resolutions & City Council Items a. ID 22-2268 Approve Memorandum of Understanding with the Naples Botanical Gardens - Casey Lucius, Assistant City Manager Attachments: Botanical Gardens and City MOU - May 2022 b. ID 22-2270 Municipal Code Audit Discussion and Options - Casey Lucius, Assistant City Manager Attachments: SEPI Consulting Services Proposal - May 2022 c. ID 22-2284 Discussion related to Vacation Rental Registration Initiative - Alan Gabriel, City Attorney Attachments: Vacation Rental Registration Ordinance (Memo Fnl. 5.26.22) Memo Re: Registration Petition Options 5.18.22 6th Rev. Final Marco Rental Ordinance 3.24.22-Appr. For Technical Sufficiency Affidavit 022022 final Cover Letter for Submittal of Ordinance 3.24.22 Final Marco Rental Ordinance 3.24.22-final Technical Sufficiency Initiative Petition (Rev. 6th) - City Attorney Sufficiency Letter (3.31.22) Petition Form Final Rental Registration Program 3.24.22 d. ID 22-2297 Discussion - Code Compliance and Vendors on the Beach Attachments: Beach Vendor Letter Revision 5.9.22 Beach Vendor Letter - 2021 Sec. 54.38 Concession Operations, Equipment Rentals & Vendors on the Beach & Adjoining Waters Sec. 54.36 Regulation of Use & Conduct on the Beach Temp-Stuctures e. ID 22-2303 Approval of Additional Cost Associated with the One-time Longevity Bonus, Casey Lucius, Assistant City Manager City of Marco Island Florida Page 3 Printed on 6/3/2022 City Council Meeting Agenda - Final June 6, 2022 Attachments: Memo to Council June 2022 Longevity Bonus FF MOU Re Stipend & Longevity Bonus June 2022 Police MOU Re: Stipend & Longevity Bonus June 2022 13. Items Removed from the Consent Agenda 14. Council Communications & Future Agenda ID 21-1928 Future Agenda Items Attachments: Future Agenda 06.20.22 15. Council Reports 16. City Manager's Report 17. City Attorney's Report 18. Departmental Reports ID 21-1929 Monthly Departmental Reports Attachments: Public Works Water & Sewer Police 19. Citizens' Comments [4 minutes per individual – Each individual has one opportunity to speak.] 20. Adjournment All interested persons are invited to attend the meeting and participate in the discussion; or, written comments may be sent to the City of Marco Island, 50 Bald Eagle Drive, Marco Island, FL. 34145. Pursuant to Section 286.0105, Florida Statutes, if a person decides to appeal any decision made by City Council with respect to any matter considered at such hearing or meeting, one will need a record of the proceedings for such purpose that person may need to ensure that a verbatim record of the proceedings is made; such record includes the testimony and evidence upon which the appeal is to based. ADA Assistance: Anyone needing special assistance at the City Council hearing due to disability should contact the City of Marco Island at (239) 389-5010 at least two days prior thereto. Please contact the City Clerk at msheffield@cityofmarcoisland.com if you would like to receive any of the items on the agenda by email. Any Invocation that may be offered before the official start of the Council meeting shall be voluntary offering of a private citizen, to and for the benefit of the Council. The views and beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Council, and the Council is not allowed by law to endorse the religious beliefs or views of this, or any speaker. City of Marco Island Florida Page 4 Printed on 6/3/2022 City Council Meeting Agenda - Final June 6, 2022 City of Marco Island Florida Page 5 Printed on 6/3/2022

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