City Council

City of Marco Island Florida 51 Bald Eagle Drive Marco Island, Florida cityofmarcoisland.com Meeting Minutes - Final Monday, August 15, 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 August 15, 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 (Note: Councilor Folley participated in the meeting via Zoom teleconference connection) Also Present Michael McNees, City Manager Casey Lucius, Assistant City Manager Mike Sheffield, City Clerk Alan L. Gabriel, City Attorney Tracy Frazzano, Police Chief Matt Marshall, Deputy Fire Chief Daniel J. Smith, Community Affairs Director Jose Duran, Information Technology Director Jeff Poteet, Water & Sewer General Manager Justin Martin, Acting Public Works Director Samantha Malloy, Parks, Culture & Recreation Manager Martin Luna, Video/Broadcast Technician Jim Kornas, Recording Specialist Citizens and Visitors Motion to Allow for Remote Participation MOTION by Councilor Blonna, seconded by Vice-Chair Grifoni, that Councilor Folley be allowed to fully participate and vote on all matters coming before the Council via remote telephonic connection at this meeting, be Approved. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: Yes: 6- Councilor Babrowski, Councilor Blonna, Vice-Chair Grifoni, Councilor Irwin, Councilor Rola and Chair Brechnitz 3. Invocation Offered by Rabbi Mark Gross of the Jewish Congregation of Marco Island. 4. Pledge of Allegiance Led by Chair Brechnitz. 5. Approval of the Agenda MOTION by Councilor Blonna, 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 City of Marco Island Florida Page 1 City Council Meeting Minutes - Final August 15, 2022 a. ID 22-2293 Approval of the Operating Budget Workshop Minutes of July 18, 2022 MOTION by Councilor Blonna, seconded by Councilor Rola, that the Operating Budget Workshop Minutes of July 18, 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 21-1941 Approval of the City Council Meeting Minutes of July 18, 2022 MOTION by Vice-Chair Grifoni, seconded by Councilor Irwin, that the City Council Meeting Minutes of July 18, 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 Irwin, 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 the Routine Items Listed Below.] a. ID 22-2375 Resolution - Amending Existing Fees for the Parks & Recreation Facility & the Farmers Market - Samantha Malloy, Manager of Parks, Culture & Recreation b. ID 22-2382 Resolution - Approving the Fiscal Year 2022-23 Non-Ad Valorem Assessment Rolls - Guillermo Polanco, Director of Finance c. ID 22-2371 Authorize the City Manager to Issue a Purchase Order to Quality Enterprises USA Inc., for Additional/Unforeseen Work to Replace an 8-Inch Diameter Gravity Sanitary Sewer Main Located in the Hideaway Beach Community in the Amount of $55,087.30 using the City’s Public Infrastructure Construction Contract #2021-006 - Jeffrey E. Poteet, General Manager Water & Sewer d. ID 22-2374 Authorize the City Manager to Execute Contract 2022-024 with Layne Christensen for Acidification of Two Brackish Groundwater Production Wells (#13 and 16) in the Amount of $235,960 - Jeffrey E. Poteet, General Manager Water & Sewer 8. Proclamations and Presentations a. ID 22-2174 Employee Service Awards: Eric Dial 15 Years City of Marco Island Florida Page 2 City Council Meeting Minutes - Final August 15, 2022 Michael Schmadtke 5 Years Angel Casabona 5 Years City Manager McNees recognized and called forward the above-noted City employees to receive their appreciation of service recognition certificate and pin as presented by City Council Chairman Erik Brechnitz. Each recipient received a warm round of applause from the Council, the City Staff, family members, and the guests who were in attendance. b. ID 22-2376 Presentation - Complete Streets - Dan Burden and Mark Fenton of Blue Zones Led by an introduction by Ms. Megan Greer, Blue Zones Project Worksite Lead for Southwest Florida, Mr. Dan Burden, Blue Zones Project's Director of Inspiration and Innovation, and Mr. Mark Fenton, Blue Zones Project's Public Health, Planning & Transportation Consultant, presented their organization's Complete Streets concept for the Council's consideration and direction. No members of the public came forward to offer comment. MOTION by Councilor Irwin, seconded by Councilor Blonna, that the City Staff be directed to bring forward a Complete Streets resolution for consideration at a future meeting of the 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 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.) recounted several recent and historical events that are, in his view, examples of how America is evolving negatively, and he urged all present to exercise their freedom and right to vote on August 23rd. Ms. Dianna Dohm (N. Collier Blvd.), on behalf of the Marco Island Chamber of Commerce, highlighted the events of the upcoming 25th Anniversary of Marco Island celebration, with special recognition of the individuals and businesses who contributed time and resources to make the anniversary events unique and memorable. Mr. Phil Wanzenberg (Woodbine Ct.), on behalf of the 400+ members of the Marco Sports Fishing Club, cited the declining condition of the City's waterways and backwaters for marine life, and he urged the Council to support the Waterways Advisory Committee's recommendation to initiate an RFI (Request for Information) soliciting available technologies and techniques for removing excessive phosphorous and other nutrients from the City Utility's reuse water. Mr. Chris Hansen (Shenandoah Ct.) echoed Mr. Wanzenberg's request and urged the Council to commit to a definitive timetable to return the City's waterways to a healthy state. Mr. Ed Issler (S. Joy Circle), as the Chair of the Take Back Marco Political Action Committee, shared background on how several provisions in the proposed Rental Registration Ordinance were developed, and he expressed his expectation that, should the voters of Marco Island approve it on August 23rd, the Council and the City Staff will provide an implementation plan that will allow existing single-family vacation rental home owners to transition to compliance in an orderly manner. Mr. David Rasmussen (Caxambas Ct., via telephone), as Co-Manager of Clean Marco Waters, LLC, City of Marco Island Florida Page 3 City Council Meeting Minutes - Final August 15, 2022 shared numerical data and quantities of nutrients that his organization believes is being released into the Island's waterways through the application of reuse water on the Island. Ms. Lori Reinalda (Bald Eagle Dr.) shared her view that the proposed Rental Registration Ordinance that is currently before the voters is, in reality, a "power grab" and a veiled attempt to ban single-family vacation home rentals on Marco Island. Mr. Martin Winter (Perrine Ct.) similarly echoed Ms. Reinalda's concern, and urged residents to read the proposed ordinance and vote 'No' on August 23rd. Ms. Alys Macias (Dove Ct.), as Chair of the Keep Marco Island Free Political Action Committee, outlined what she and her organization is for, and against, while highlighting the percentage of the PAC's funding that has come from local residents and business owners. Mr. Darrin Palumbo (Shadowridge Ct.) announced his candidacy for a seat on the Marco Island City Council in November, and he shared a brief overview of his qualifications for the benefit of the voters on Marco Island. Mr. Hayden Dublois (Collier Ct.) compared the provisions of the proposed Rental Registration Ordinance with a similar ordinance adopted by the City of Marathon (Florida) over ten years ago, and he presented several statistics that supported his assessment that the enactment of that ordinance had a minimal impact on that city's tourism activity. He also showed and offered his comments on the claims put forward in several direct mail pieces that were recently received at voters' homes on Marco Island. Ms. Kathy Dennis (Yellowbird St.) shared her point of view on the proposed Rental Registration Ordinance and noted the appearance of the first multi-million dollar lawsuit filed against the City of Marco Island to stop the proposed ordinance. Ms. Lindsay Skender (Elk Cir.) shared her experience as a recipient of retaliation for reporting noisy tenants at the short-term vacation rental property near her home. Ms. Christine Dowell (Biscayne Way) read a passage from Article VI, Section 6.03 (Initiative, Referendum, Recall - Procedure for Filing) of the City Charter, and pointed out that the recently-reported lawsuit against the City by business and rental property owners is using the Marco Island City Attorney's legal opinion of the deficiencies in the proposed ordinance as a 'roadmap' for the lawsuit. 10. Quasi-Judicial Public Hearing No items for the Council's hearing were brought forward at this meeting. 11. Ordinances A. Public Hearings None. B. First Readings ID 22-2377 Ordinance - First Reading - Removing the Word “Permanent” and “Aluminum” from the Definition of Boat Dock and Boat Lift Canopy in Section 54-101 - Dan Smith, Director of Community Affairs City Clerk Mike Sheffield read the first reading of the Ordinance into the record by title only. City of Marco Island Florida Page 4 City Council Meeting Minutes - Final August 15, 2022 Community Affairs Director Daniel Smith reacquainted the Council with the background relative to this issue, and he conveyed the recommendations of the Planning Board following its revisited review of the matter at the Council's request. No members of the public came forward to offer comment. MOTION by Councilor Blonna that Ordinance - First Reading - Removing the word "permanent" and "aluminum" from the definition of boat dock and boat dock lift canopy in Section 54-101, be Approved. MOTION FAILED FOR LACK OF A SECOND. 12. Resolutions & City Council Items a. ID 22-2360 Award of Contract for the 2022 Annual Street Resurfacing Project to the Lowest Responsible Bidder, Preferred Materials, Inc., in the Amount of $1,639,075.70 - Mike Daniel, Acting Public Works Director Acting Public Works Director Justin Martin briefly outlined the rationale for the request, and he responded to questions raised by members of the Council. No members of the public came forward to offer comment. MOTION by Councilor Irwin, seconded by Councilor Blonna, that the Award of Contract for the 2022 Annual Street Resurfacing Project to the Lowest Possible Bidder, Preferred Materials, Inc., in the Amount of $1,639,075.70, be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 5- Councilor Babrowski, Councilor Blonna, Councilor Folley, Councilor Irwin and Chair Brechnitz No: 2- Vice-Chair Grifoni and Councilor Rola b. ID 22-2378 City Manager’s Annual Performance Evaluation Chair Brechnitz summarized his assessment of the Council's ratings of the City Manager's performance over the past year, and several members of the Council added their perspective on the City Manager's performance and areas of focus for future improvement. City Manager McNees similarly commented on his self assessment and performance ratings. Councilor Folley was asked to develop recommendations for improving the structure and format of the Performance Evaluation Form to be utilized to assess the City Manager's performance in the coming year, and he was asked to bring his proposal(s) forward for review at a future meeting of the Council. City Clerk Mike Sheffield was asked to schedule a Workshop for the Council in late September - early October, 2022 for the development of the City Manager's Goals and Priorities for the upcoming year. No members of the public came forward to offer comment. MOTION by Councilor Folley, seconded by Councilor Blonna, that a 3% increase in base salary for the City Manager for the 2023 fiscal year, be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Councilor Blonna, Councilor Folley, Vice-Chair Grifoni, Councilor Irwin, Councilor Rola and Chair Brechnitz No: 1- Councilor Babrowski City of Marco Island Florida Page 5 City Council Meeting Minutes - Final August 15, 2022 13. Items Removed from the Consent Agenda No items were removed from the Consent Agenda at this meeting. 14. Council Communications & Future Agenda a. ID 22-2380 Pool Rentals: <https://swimply.com/pooldetails/29070> - Councilor Rich Blonna Councilor Blonna raised concern with the recent appearance of at least one website that is advertising the rental of single-family home pools on Marco island on an hourly and daily basis. His concern precipitated a broader discussion on the City's jurisdiction relative to in-home kitchen rentals and the application / regulation of commercial activities under Chapter 30, Article III - Home Occupations, of the City's Land Development Code. Public Comment Mr. Martin Winter (Perrine Ct.) cautioned the Council on over-reacting to one listing for home pool rentals on the subject website. (Note: Mr. Winters' comments were conveyed during Agenda Item #19: Citizens' Comments) Council Action No Motion or Vote was solicited on this topic, however City Attorney Alan Gabriel was asked to initiate a review of Florida law regarding local regulation of home-based businesses and to provide a legal opinion on the sufficiency and application of the City's existing ordinances on this matter. b. ID 21-1940 Future Agenda Items Councilor Folley was asked to bring forward proposal(s) to improve the Performance Evaluation Form for the Annual City Manager Performance Review to a near-term, future meeting of the Council. City Clerk Mike Sheffield was asked to schedule a Council Workshop in late-September / early October 2022 to solidify the City Manager's Annual Performance Evaluation's priorities, goals and performance metrics for the upcoming year. (Note this request was raised during Agenda Item #12b: City Manager's Annual Performance Evaluation). Councilor Blonna requested that a 'Request for Information' (RFI) soliciting the latest technologically-feasible processes for removing excess nutrients from reuse water be placed on a Future Agenda of the Council. City Attorney Alan Gabriel was asked to bring his assessment of the sufficiency and application of the City's existing ordinances and Florida law relative to the regulation of home-based businesses on Marco Island. (Note: this request was raised during Agenda Item #14a: Pool Rentals). City Clerk Mike Sheffield was asked to schedule a Council Workshop to develop action plans that the City could pursue to encourage private development of locally-available, affordable workforce housing solutions. (Note: this request was raised during Agenda Item #15: City of Marco Island Workforce Housing Options). Also under Council Communications: Vice-Chair Grifoni, in referencing Item 7a from the Consent Agenda (Amending Existing Fees for the City of Marco Island Florida Page 6 City Council Meeting Minutes - Final August 15, 2022 Parks & Recreation Facility and the Farmers Market), noted his concern that the City's fee increases could be burdensome on many small and/or non-profit entities that utilize the City's facilities and grounds. He concluded by noting the execution and success of the soccer tournament that was played at Mackle Park during the weekend of August 12 - 14, 2022. 15. Council Reports ID 22-2381 City of Marco Island Workforce Housing Options - Vice-Chair Jared Grifoni Vice-Chair Grifoni, assisted by Ms. Megan Greer, Blue Zones Project Worksite Lead for Southwest Florida, reviewed and discussed: 1) the existing mismatch between the City's Land Development Code and the recently-completed City of Marco Island Comprehensive Plan on the subject of affordable workforce housing, and; 2) two potentially-innovative ways to address the workforce housing issue for Marco Island. No members of the public came forward to offer comment. Following active discussion by members of the Council, Chair Brechnitz received consensus to request that the City Staff schedule a Council Workshop to deep-dive the issue and determine actions to address the problem. 16. City Manager's Report City Manager McNees updated the Council on the progress of the negotiations with the Collier County School Board on the continued utilization of the Tommie Barfield Elementary School baseball field by Marco Island school teams and youth sports groups. He indicated that a proposed ten year agreement will be coming before the Council for approval soon. City Manager McNees also advised the Council of Mr. Justin Martin's appointment as Interim Public Works Director, noting that Mr. Martin will continue to devote two days per week in his current capacity as Engineering and Operations Manager with the Marco Island Water & Sewer Utility, and three days per week as Interim Public Works Director. 17. City Attorney's Report ID 21-1939 City Attorney’s Report City Attorney Alan Gabriel reported that the City has yet to be served on the lawsuit that was reportedly filed to stop the short-term rental registration ordinance that is coming before the voters of Marco Island on August 23rd. Separately, in response to a question raised by Councilor Rola, City Attorney Gabriel indicated that the lawsuit against the City relative to the installation of license plate readers on the Judge SS Jolley and the Goodland bridges is on hold pending a court ruling on an identical suit brought against the City of Coral Gables, Florida. 18. Departmental Reports ID 21-1938 Monthly Departmental Reports Councilor Irwin highlighted several statistics from the June 2022 Police Department Report regarding noise complaints received and verified. Councilor Irwin also commented on the number of arrests made through June of 2022 versus the first six months of 2021. City of Marco Island Florida Page 7 City Council Meeting Minutes - Final August 15, 2022 She commended Chief Frazzano and her Department on the excellent work that she and her team are doing within the community. 19. Citizens' Comments Mr. Hayden Dublois (Collier Ct.) suggested that, in advance of its upcoming Workshop, that the Council investigate and consider the approach that Polk County, Florida employs in waiving all impact fees for properties being developed to provide affordable workforce housing. Mr. Dublois also commended the City on its recognition by the National Procurement Institute as a 2022 recipient of that organization's Achievement of Excellence in Procurement Award. Ms. Karen Twyning (Tigertail Ct.) shared her praise of a noise awareness monitoring device and app for rental property owners that she says assists in controlling excessively noisy tenants in rental homes. She took it upon herself to send information on the device to other owners of rental home properties on the Island. 20. Adjournment There being no further business before the Council, the meeting adjourned at 9:23 P.M. ___________________________ Erik Brechnitz, Council Chair ATTEST: ____________________________________ Michael J. Sheffield, City Clerk PREPARED BY: ___________________________ Jim Kornas, Recording Specialist City of Marco Island Florida Page 8