City Council

City of Marco Island Florida 51 Bald Eagle Drive Marco Island, Florida cityofmarcoisland.com Meeting Minutes - Final Monday, October 17, 2022 5:30 PM Community Meeting Room City Council Chair: Erik Brechnitz Vice-Chair: Jared Grifoni City Council: Rich Blonna, Greg Folley, Becky Irwin, Darrin Palumbo, 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 October 17, 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 John Wallace, Police Captain Chris Byrne, Fire Chief Mat Marshall, Deputy Fire Chief Guillermo Polanco, Finance Director Justin Martin, Public Works Director Jose Duran, Information Technology Director Miguel Carballo, Fleet & Facilities Manager Raul Perez, Chief Building Official Lina Upham, Purchasing & Risk Manager Mary Holden, Senior Planner Martin Luna, Video/Broadcast Technician Citizens and Visitors 3. Invocation Offered by Reverend Scott Kerens of Marco the Presbyterian Church. 4. Pledge of Allegiance Led by Chair Brechnitz. 5. Approval of the Agenda MOTION by Councilor Blonna, seconded by Councilor Folley, 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 21-1952 Approval of the City Council Meeting Minutes of October 3, 2022 MOTION by Councilor Folley, seconded by Vice-Chair Grifoni, that the City Council Meeting Minutes of October 3, 2022 be Approved. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: Yes: 7- Councilor Babrowski, Councilor Blonna, Councilor Folley, Vice-Chair Grifoni, Councilor Irwin, Councilor Rola and Chair Brechnitz City of Marco Island Florida Page 1 City Council Meeting Minutes - Final October 17, 2022 7. Approval of Consent Agenda Councilor Rola requested that Item 7a. (Approval of a New 10-Year Inter-Local Agreement with Collier County Public Schools) be removed from the Consent Agenda. As a result of the request, and in light of the desire to review this item early in the evening's Agenda, this item was moved and discussed during Proclamations and Presentations (Agenda Item #8). [Editorial Note: the results of the Council's review of this topic are reflected in these Minutes under Agenda Item #14: 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 VOTE: Yes: 7- Councilor Babrowski, Councilor Blonna, Councilor Folley, Vice-Chair Grifoni, Councilor Irwin, Councilor Rola and Chair Brechnitz [The Amended Approval of the Consent Agenda Passed All Items Listed Below] b ID 22-2469 Appointment of Sharon Watts to the Beautification Advisory Committee c. ID 22-2468 Extension of the Contract #19-034 with Ronald Book, P.A. for Lobbying Services on Behalf of the City of Marco Island, Florida, before the Florida Legislature for an Additional One-Year Term, Expiring on September 30, 2023 at an Annual Amount of $66,000 - Lina Upham, Purchasing and Risk Manager d. ID 22-2470 Award of a Contract for Supply of Carbon Dioxide (CO2) in the amount of $183,417.50 - Jeffrey E. Poteet, General Manager, Water & Sewer e. ID 22-2449 Award of a Three-Year Contract to Advanced Environmental Laboratories, for Water and Wastewater Laboratory Testing Services in the Amount of $122,547.00, with an Option for an Additional Three-Year Extension, Subject to Budget Appropriation - Jeffrey E. Poteet, General Manager, Water and Sewer f. ID 22-2474 Authorize the City Manager to Renew the Microsoft Enterprise Agreement for an Additional Three-Year Term in the Amount of $137,169.56 per Year for 310 Licenses, Subject to Budget Appropriations - Jose Duran, Director of IT 8. Proclamations and Presentations ID 22-2464 Employee of the Quarter The awarding of the City's Employee of the Quarter was deferred to a future meeting of the Council. Special Presentation In recognition of Councilor Claire Babrowski's final meeting as a member of the Marco Island City Council, Chair Brechnitz, with the support of the Council and City Staff, presented Ms. Babrowski with a plaque recognizing her many contributions to the City and the citizens of Marco Island during her tenure as Councilor on the Marco Island City Council. City of Marco Island Florida Page 2 City Council Meeting Minutes - Final October 17, 2022 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.) offered his perspective on crime in America and his appreciation for the protection and safety provided by the Marco Island Police Department. Ms. Julia Dollinger (Firwood Ct.) alerted the Council to increasing incidences of personal endangerment that exist for pedestrians and bicylists at a number of intersections on Marco Island. Mr. Ed Issler (S. Joy Cir.) presented examples of alleged voter fraud on Marco Island that he indicated were recently reported to the State. Mr. Martin Winter (Perrine Ct.) expressed his concern with certain current candidates for the Marco Island City Council who have not been forthright in admitting to their alignment with certain interest groups on the Island. He also shared his belief that those who express concern with identifying themselves when registering a noise violation in a residential neighborhood for fear of reprisal are hiding behind a convenient, but insincere, rationalization. Mr. Darrin Palumbo (Shadowridge Ct.) briefly spoke to his experience participating in the Candidate Forum for City Council candidates, and he shared several advantages that he, as a 25 year resident of the Island, offers to the citizens of Marco Island as the City's next era of growth unfolds. Mr. Rob White (Rainbow Ct.) expressed his frustration with certain citizens on the Island who, in his opinion, spend inordinate amount of time investigating and raising allegations about their neighbors and reporting them to the authorities. 10. Quasi-Judicial Public Hearing None. 11. Ordinances A. Public Hearings None. B. First Readings ID 22-2463 Ordinance - First Reading - To Implement a Single Family Home Transient Rental Registration Program - Alan Gabriel, City Attorney City Clerk Mike Sheffield read the ordinance into the record by title only. The following members of the public came forward to offer comment: 1) Ms. Elizabeth Reitz (Capistrano Ct.) 2) Mr. Howie Reitz (Capistrano Ct.) 3) Ms. Coral Silsbe (Treasure Ct.) 4) Mr. Ed Issler (S. Joy Cir.) 5) Mr. Rob White (Rainbow Ct.) 6) Mr. Jay Benedetti (Caxambas Dr.) 7) Mr. Hayden Dublois (Collier Ct.) City of Marco Island Florida Page 3 City Council Meeting Minutes - Final October 17, 2022 8) Mr. Martin Winter (Perrine Ct.) 9) Mr. Miklos Van Halen (Delbrook St.) 10) Mr. Howard Reed (Bald Eagle Dr.) 11) Mr. Mark Morze (Yellowbird St.) Following Public Comment and considerable discussion and dialogue between the members of the Council and in consultation with the City Attorney, several Motions were advanced: MOTION by Vice-Chair Grifoni, seconded by Councilor Irwin, that the City Manager and the City Attorney be directed to prepare and bring forward two, legally-sufficient ordinances to the City Council for consideration: 1) a version that more closely resembles the scope and breadth of the current Collier County rental registration ordinance, and; 2) an alternative version of greater scope and breadth that incorporates as many of the proposed modifications to the voter-approved referendum that were negotiated between the City and the referendum-sponsoring Political Action Committee following the August 23, 2022 citizen vote, be Approved. MOTION FAILED BY THE FOLLOWING VOTE: Yes: 2- Vice-Chair Grifoni and Councilor Irwin No: 5- Councilor Babrowski, Councilor Blonna, Councilor Folley, Councilor Rola and Chair Brechnitz MOTION by Councilor Folley, seconded by Chair Brechnitz, that the striking of Paragraph (c) (lines 560-564) of Section 30-90.15 in the document entitled "First Reading 10-17-22 Ordinance", be Approved. 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 MOTION by Vice-Chair Grifoni that the proposed Single Family Home Transient Rental Registration Program be applied across all zoning districts on Marco Island. MOTION FAILED FOR LACK OF A SECOND. MOTION by Councilor Blonna, seconded by Councilor Folley, that the First Reading of the Single Family Home Transient Rental Registration Program be Approved as Amended (with the elimination of Section 30-90.15, part (c) (lines 560 - 564)). MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 4- Councilor Blonna, Councilor Folley, Councilor Rola and Chair Brechnitz No: 3- Councilor Babrowski, Vice-Chair Grifoni and Councilor Irwin DISCUSSION OF THE PROPOSED REGISTRATION PROGRAM IMPLEMENTATION PLAN Assistant City Manager Casey Lucius outlined the projected program requirements, implementation steps, start up costs, staffing expectations, and proposed timeline for launching the Transient Rental Registration Program. She proposed an initial registration fee for property owners subject to the program, and she, with the assistance of other City Staff leaders, addressed a number of questions from members of the Council. Following Council discussion, Chair Brechnitz solicited, without formal vote, Council concurrence to direct the City Staff to: 1) set the initial Transient Rental Registration Program City of Marco Island Florida Page 4 City Council Meeting Minutes - Final October 17, 2022 fee at $800.00 per property; 2) to set January 9, 2023 as the beginning date for receiving property registrations, and; 3) to set June 1, 2023 as the first year deadline date for property owners to register their single-family, transient rental home properties under this program. (THE MEETING WENT INTO RECESS AT 8:10 P.M. IT IS NOTED FOR THE RECORD THAT ALL COUNCILORS WERE PRESENT WHEN THE MEETING RECONVENED AT 8:15 P.M.) 12. Hurricane Ian Items City Manager McNees summarized several of the notable incidents and infrastructure impacts during and following Hurricane Ian. Recognizing the improvements implemented by the City and many private entities since Hurricane Irma in 2017, he expressed appreciation for the efforts that City Staff, residents, businesses, and off-Island organizations provided to advance the Island's resiliency and recovery. a. ID 22-2483 Resolution - Approving the Temporary Waiver of Certain Hurricane Ian Related Building Permit Fees - Raul Perez, Chief Building Official City Clerk Mike Sheffield read Resolution 22-39 into the record by title only. City Chief Building Official Raul Perez briefly outlined the intent and direction of the proposed Resolution, and he addressed a number of 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 Resolution 22-39 - Approving the Temporary Waiver of Certain Hurricane Ian-related Building Application Permit Fees and City Code Restrictions, 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 22-2476 Discussion - Hurricane Ian Code Enforcement - Mike McNees, City Manager City Manager Mike McNees requested that the Council consider approving a reasonable, discretionary enforcement period for certain City codes in the aftermath of Hurricane Ian. No members of the public came forward to offer comment. MOTION by Vice-Chair Grifoni, seconded by Councilor Folley, that the City Manager and Staff be authorized to apply discretion for the next 90 days in the enforcement of seven select code provisions with the need to return to the Council prior to the conclusion of that timeframe for a report of impacts and future Council direction, 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 City of Marco Island Florida Page 5 City Council Meeting Minutes - Final October 17, 2022 c. ID 22-2465 Adjustment of Current Emergency Pay Policy for Hurricane Ian - Casey Lucius, Assistant City Manager Assistant City Manager Casey Lucius briefly outlined the background and history of the City's Emergency Pay Policy, and she explained the rationale for the requested change. City Manager Mike McNees also contributed to the discussion and, with Assistant City Manager Lucius, responded to several questions raised by members of the Council. No members of the public came forward to offer comment. MOTION by Vice-Chair Grifoni, seconded by Councilor Folley, that the modified Emergency Pay Policy for Hurricane Ian 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 13. Resolutions & City Council Items a. ID 22-2466 Legislative Priorities - Casey Lucius, Assistant City Manager Assistant City Manager Casey Lucius briefly outlined the recommendations proposed by the City's Legislative Consultant to the City Council on September 6, 2022, and she requested the Council's consideration in expanding the list of project priorities in light of new needs resulting from the Island's exposure to Hurricane Ian. Public Works Director Justin Martin also provided responses to questions raised by members of the Council. No members of the public came forward to offer comment. MOTION by Vice-Chair Grifoni, seconded by Councilor Blonna, that the two proposed water quality initiatives be prioritized, along with six of the eight proposed 'hurricane response' initiatives presented, with the understanding that City Legislative Consultant Ron Book be provided with an opportunity to offer insight in modifying the list for the upcoming State Legislative session, 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 22-2412 Fireboat Repair vs. Replacement Analysis Presentation - Chris Byrne, Chief, Fire-Rescue Fire Chief Chris Byrne, in follow-up to the direction from Council on April 18, 2022, presented a 'repair vs. replacement' analysis for the department's Fireboat, along with a request for further Council direction. No members of the public came forward to offer comment. MOTION by Councilor Irwin, seconded by Vice-Chair Grifoni, that the City Manager be authorized to develop specifications and to solicit bids for the purpose of replacing the City's existing Fireboat, 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 City of Marco Island Florida Page 6 City Council Meeting Minutes - Final October 17, 2022 14. Items Removed from the Consent Agenda 7a. ID 22-2431 Approval of a New 10-year Inter-local Agreement with Collier County Public Schools to Lease the Tommie Barfield Elementary (TBE) School Baseball Field - Mike McNees, City Manager City Manager McNees reminded the Council of its previous review of the expiring 10-year Inter-Local Agreement that the City of Marco Island had with the Collier County School District regarding the maintenance and use of the playing field at Tommie Barfield Elementary School. In line with the direction of the Council, and in recognition of desire by Marco Island Academy to continue to have access to the playing field and, potentially, to make long-term capital improvements to improve the quality of the grounds, Mr. McNees presented the Council with two agreements: one between the City of Marco Island and the Collier County School District, and a second agreement between Marco Island Academy and the City of Marco Island. He recommended Council approval of both agreements. Public Comment Ms. Jane Watt (Red Bay Ln.), Founder and Board Chairman of the Marco Island Academy, thanked the City for working on behalf of the Academy in securing a long-term agreement for the maintenance and use of the playing field, and she affirmed Marco Island Academy's commitment to honor and invest in the field for the benefit of all of the community youth-oriented programs relying on it. MOTION by Vice-Chair Grifoni, seconded by Councilor Blonna, that Authorization of the City Manager to Execute the New 10-Year Iner-Local Agreement with Collier County Public Schools and the Marco Island Academy on the Lease of the Tommie Barfield (TBE) Elementary School Baseball Field, 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 Motion to Extend The Meeting MOTION by Vice-Chair Grifoni, seconded by Councilor Blonna, to extend the City Council Meeting to conclude no later than 9:45 P.M. 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 Communications & Future Agenda Vice-Chair Grifoni requested that City Manager McNees follow-up with him to obtain the contact information for the citizen who offered to donate sand-bagging equipment to the City, and he asked Mr. McNees to confirm the nature of the arrangement that the City has with the J.W. Marriott and the Hilton hotels on the Island relative to housing City first-responder and emergency service personnel during events like Hurricane Ian. Vice-Chair Grifoni also proposed an item for the Council's Future Agenda, and he referenced a recent Downs & St. Germaine Research Company estimate projecting a direct, negative $1 billion economic impact to Collier County as a result of Hurricane Ian. He asked that his fellow Counselors remain mindful of this as they address issues coming before the Council that could affect the vitality of the Island's business community. Councilor Folley raised a question regarding the City's policies on water bill relief for citizens following City of Marco Island Florida Page 7 City Council Meeting Minutes - Final October 17, 2022 Hurricane Ian, and City Manager McNees and City Finance Director Polanco outlined what can be addressed by policy and under current contractual covenants on a case-by-case basis. Councilor Irwin followed up on Councilor Folley's question as it pertains to pool refills resulting from Gulf water contamination, and City Finance Director Polanco responded to Councilor Irwin's request. Councilor Irwin also notified the Council of her planned participation in a tour on October 20th hosted by the South Florida Water Management District Big Cypress Basin, and she requested an update from City Manager McNees on the status of two RFIs (Requests for Information) on: 1) technologies to address excess nutrients in the City's treatment of wastewater, and; 2) systems and processes that can be deployed in a sample of the Island's canals to improve their measured dissolved oxygen levels and reduce harmful nutrients. City Manager McNees shared the current status on both initiatives. Chair Brechnitz reminded the Council and the public of the Council's October 21st Workshop addressing Workforce Housing and the City Manager's goals and objectives for the coming year, and he noted the change in the date for the mid-November City Council Meeting. ID 21-1953 Future Agenda Items Vice-Chair Grifoni requested that a review and discussion of ways to educate and encourage on-Island fuel station owners to consider installing stand-alone generators for their fuel pumps be brought forward as a Future Agenda item. 16. Council Reports None. 17. City Manager's Report None. 18. City Attorney's Report ID 21-1954 City Attorney’s Report City Attorney Alan Gabriel advised the Council of the mediation activity occurring on October 18th under the Florida Land Use and Environmental Dispute Resolution Act (FLUEDRA). Mr. Gabriel also noted an upcoming opportunity for Councilors to fulfill their annual State-mandated ethics training requirement. 19. Departmental Reports ID 21-1955 Monthly Departmental Reports At the request of Councilor Folley, City Finance Director Guillermo Polanco briefly reviewed a six-year historical analysis of property taxes for homesteaded vs. non-homesteaded properties on Marco Island under 'neutral' and 'rollback' millage rates. City Manager McNees noted the informational nature of the analysis for the Council's advisement and use. 20. Citizens' Comments Mr. Martin Winter (Perrine Ct.) shared his perspective on the previously-discussed property tax impact analysis presented by City Finance Director Polanco, and he raised a concern on the procedural legitimacy of the Transient Rental Registration Program Ordinance returning to the Council for a Second City of Marco Island Florida Page 8 City Council Meeting Minutes - Final October 17, 2022 Reading given the changes that were approved by Council at this evening's meeting. Mr. Winter concluded by asking the Council to consider the apparent inconsistency that he sees in enacting an ordinance that was promoted as fully self-funded while at the same time requiring start-up costs that will be borne by the Island's taxpayers at large. He offered, on behalf of the 43% of voters who voted against the Transient Rental Registration Ordinance, to meet with members of the Council to discuss recommendations to improve the ordinance. 21. Adjournment There being no further business before the Council, the meeting adjourned at 9:41 P.M. ___________________________ Erik Brechnitz, Council Chair ATTEST: ____________________________________ Michael J. Sheffield, City Clerk PREPARED BY: ___________________________ Jim Kornas, Recording Specialist City of Marco Island Florida Page 9