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City Council

Regular Meeting

Marco Island, FL · December 5, 2022

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Minutes

City of Marco Island Florida 51 Bald Eagle Drive Marco Island, Florida cityofmarcoisland.com Meeting Minutes - Final Monday, December 5, 2022 4:00 PM Community Meeting Room City Council Chair: Greg Folley Vice-Chair: Jared Grifoni City Council: Rich Blonna, Erik Brechnitz, 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 December 5, 2022 Swearing in of Newly Elected and Re-Elected City Councilors ID 22-2539 Official 2022 General Election Results Following a brief introduction by outgoing Chair Erik Brechnitz, the Honorable Robert L. Crown, Collier County Court Administrative Judge, administered the oath of office to Councilors Re-Elect Gregory Folley and Erik Brechnitz, and newly-elected Councilor Darrin Palumbo. A warm round of applause of congratulations followed from all who were in attendance. 1. Call to Order Chair Brechnitz called the meeting to order at 4:03 P.M. 2. Roll Call Present: 7- Councilor Blonna, Chair Folley, Vice-Chair Grifoni, Councilor Irwin, Councilor Palumbo, Councilor Rola and Councilor 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 Guillermo Polanco, Finance Director Daniel J. Smith, Community Affairs Director Justin Martin, Public Works Director Jeff Poteet, Water & Sewer General Manager Miguel Carballo, Fleet & Facilities Manager Lina Upham, Purchasing & Risk Manager Mary Holden, Senior Planner Martin Luna, Video/Broadcast Technician Jim Kornas, Recording Specialist Citizens and Visitors 3. Invocation Offered by the Reverend Jessica Babcock of St. Mark's Episcopal Church. 4. Pledge of Allegiance Led by Chair Brechnitz. 5. Election of Chair and Vice-Chair ID 22-2467 Election of Chair and Vice-Chair Chair Brechnitz briefly outlined the nomination and selection process and opened the floor for nominations to the position of Chair of the Marco Island City Council. MOTION by Councilor Palumbo nominating current Vice-Chair Grifoni as Chair of City of Marco Island Florida Page 1 City Council Meeting Minutes - Final December 5, 2022 the Marco Island City Council. Yes: 3- Vice-Chair Grifoni, Councilor Irwin and Councilor Palumbo No: 4- Councilor Blonna, Chair Folley, Councilor Rola and Councilor Brechnitz MOTIONS by Councilors Blonna and Rola nominating Councilor Folley as Chair of the Marco Island City Council. Yes: 4- Councilor Blonna, Chair Folley, Councilor Rola and Councilor Brechnitz No: 3- Vice-Chair Grifoni, Councilor Irwin and Councilor Palumbo Chair-Elect Folley assumed the position of Chair and opened the floor for nominations to the position of Vice-Chair of the Marco Island City Council. MOTION by Chair-Elect Folley nominating Vice-Chair Grifoni to continue as Vice-Chair of the Marco Island City Council. Yes: 5- Chair Folley, Vice-Chair Grifoni, Councilor Irwin, Councilor Palumbo and Councilor Brechnitz No: 2- Councilor Blonna and Councilor Rola MOTION by Councilor Rola nominating Councilor Blonna as Vice-Chair of the Marco Island City Council. [NOTE: Motion not voted upon given the previous 5-2 vote tally in favor of Vice-Chair Grifoni] (THE MEETING WENT INTO RECESS AT 4:09 P.M. TO ADJUST THE ELECTRONIC EQUIPMENT TO RECOGNIZE AND ALIGN WITH THE NEW COUNCIL POSITIONS AND SEATING ARRANGEMENT. ALL COUNCILORS WERE PRESENT WHEN THE MEETING RECONVENED AT 4:16 P.M.) 6. Approval of the Agenda MOTION by Councilor Blonna, seconded by Councilor Brechnitz, that the Agenda be Approved. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: Yes: 7- Councilor Blonna, Chair Folley, Vice-Chair Grifoni, Councilor Irwin, Councilor Palumbo, Councilor Rola and Councilor Brechnitz 7. Approval of the Minutes a. ID 21-1956 Approval of the City Council Meeting Minutes of October 17, 2022 MOTION by Councilor Brechnitz, seconded by Councilor Irwin, that the City Council Meeting Minutes of October 17, 2022 be Approved. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: Yes: 7- Councilor Blonna, Chair Folley, Vice-Chair Grifoni, Councilor Irwin, Councilor Palumbo, Councilor Rola and Councilor Brechnitz b. ID 22-2462 Approval of the City Council Workshop Minutes of October 21, 2022 City of Marco Island Florida Page 2 City Council Meeting Minutes - Final December 5, 2022 MOTION by Councilor Blonna, seconded by Councilor Brechnitz, that the City Council Workshop Minutes of October 21, 2022, be Approved. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: Yes: 7- Councilor Blonna, Chair Folley, Vice-Chair Grifoni, Councilor Irwin, Councilor Palumbo, Councilor Rola and Councilor Brechnitz c. ID 22-2508 Approval of the City Council Special-Called Meeting Minutes of November 3, 2022 MOTION by Councilor Blonna, seconded by Councilor Brechnitz, that the City Council Special-Called Meeting Minutes of November 3, 2022, be Approved. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: Yes: 7- Councilor Blonna, Chair Folley, Vice-Chair Grifoni, Councilor Irwin, Councilor Palumbo, Councilor Rola and Councilor Brechnitz 8. Approval of Consent Agenda Councilor Brechnitz requested that Item 8c. (Authorize the City Manager to Execute a Contract for Vacation Rental Software) be removed from the Consent Agenda. Chair-Elect Folley directed that the item be moved under #13 (Resolutions & City Council Items) to immediately follow Item 13a. (Approval of Resolution 22-43 regarding Short Term Rental Registration Fund Budget). MOTION by Councilor Blonna, seconded by Councilor Brechnitz, that the Consent Agenda be Approved as Amended. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: Yes: 7- Councilor Blonna, Chair Folley, Vice-Chair Grifoni, Councilor Irwin, Councilor Palumbo, Councilor Rola and Councilor Brechnitz [Approval of the Amended Consent Agenda Passed the Routine Items Listed Below] a. ID 22-2528 Resolution Approving the Uniform Method for Collection of Non-Ad Valorem Assessments - Guillermo Polanco, Director, Finance b. ID 22-2540 Resolution to Approve the County’s Acquisition of a 0.39-Acre Parcel Located at 507 Inlet Drive, Marco Island, under the Conservation Collier Land Acquisition Program - Michael J. Sheffield, City Clerk d. ID 22-2524 Authorize the City Manager to Issue a Purchase Order to Commercial Design Services (CDS) in the Amount of $190,794.58, under State of Florida Contract Number 56120000-19-ACS, to Purchase Furniture, Seating, and Labor Needed to Outfit the New Fire Station 50 - Miguel Carballo, Manager, Fleet & Facilities e. ID 22-2507 Authorize the City Manager to Upgrade the Service Authorization to Purchase Order #220344 with Jacobs Engineering Group Inc., for Additional/Required Design Efforts to Upgrade the Pumping System and Electrical Improvements Located at the Source Water Facility in the Amount of $150,448.00 - Jeffrey E. Poteet, General Manager, Water and Sewer City of Marco Island Florida Page 3 City Council Meeting Minutes - Final December 5, 2022 f. ID 22-2506 Authorize the City Manager to Issue a Purchase Order to Jacobs Engineering Group Inc. for Permitting, Bid Phase, Construction Phase, and Startup Engineering Services for the South Water Treatment Plant (SWTP) West High Service Pump Station (HSPS) in the Amount of $186,708.00 Under City of Marco Island Contract #2020-020 for As-Needed Water and Wastewater Engineering Services - Jeffrey E. Poteet, General Manager Water and Sewer g. ID 22-2513 Authorize the City Manager to Issue a Purchase Order to Alan Jay Fleet Sales for the Purchase of three (3) 2023 Chevy Silverado 2500 Trucks in the Amount of $152,325.00 - Jeffrey E. Poteet, General Manager, Water and Sewer h. ID 22-2536 Authorize the City Manager to Approve the Change Order to the Contract #2020-002 with Affordable Landscaping Services and Design, LLC to Add Services for the New Veterans’ Community Park in the Amount of $66,887.00 Annually - Lina Upham, Purchasing & Risk Manager 9. Proclamations and Presentations a. ID 22-2176 Employee Service Awards: Eric Garwood Water & Sewer 5 years of service Guillermo Polanco Finance 10 Years of Service Steve Cunningham Water & Sewer 15 years of service Justin Martin Public Works 15 years of service City Manager Mike McNees recognized and called forward the following City Employees to receive their appreciation of service recognition certificate and pin as presented by City Council Chair Greg Folley: 1) Mr. Guillermo Pollanco (10 years); Mr. Steve Cunningham (15 years), and; 3) Mr. Justin Martin (15 years). Mr. Eric Garwood (5 years) could not be present to receive his recognition, but City Manager McNees recognized his contributions as a Marine veteran and his work in educating Marco Island Middle School students in the proper respect for, and folding of, the American flag. All of the evening's recognized employees received a warm round of applause from the Council, their City colleagues and the citizens and guests present. b. ID 22-2491 Employee of the Quarter City Manager Mike McNees announced and called forward City Employee Ivo Krizek, Senior I/C Technician, to receive recognition as the City's 'Employee of the Quarter' for the 3rd Quarter of 2022. Ms. Krizek received congratulations from Chair Greg Folley and a warm round of applause from all present. 10. Citizens' Comments on Agenda Items Not Scheduled for Public Hearing And Items Other Than Those Appearing on the Agenda Mr. Phillip Kostelnik (Channel Ct.) complimented the activities surrounding the November Veterans' Day celebration, and thanked all of the men and women who serve our country in the protection of our freedoms and way of life. City of Marco Island Florida Page 4 City Council Meeting Minutes - Final December 5, 2022 Mr. Ed Issler (S. Joy Cir.) came forward to offer his apology to those whom he publicly identified as violators of the State of Florida's voting laws at the October 17, 2022 meeting of the City Council. Separately, Mr. Issler congratulated the City on the success of its inaugural activities with the official opening of Veterans' Community Park on December 3rd, and he requested that the City re-address the size and quantity of the landscaping elements at the rear of the Unity Bandshell. Ms. Kassie-Annie Rigas (Amber Dr.) expressed her belief that the Council should prohibit public accusations at its meetings and issue a public statement denouncing Mr. Issler's comments at the October 17, 2022 City Council Meeting. Ms. Ashley Jenkins (111th St. N., Naples) shared the mission of her organization (The Water Offishells) in addressing debris, bacteria and pollutants in Collier County's waterways, and she invited members of the Council and the City Staff to tune in to, and to participate in, the organization's December 16, 2022 virtual event. Ms. Shelley McKernan (8th St. N., Naples) amplified upon the invitation and work offered by her colleague (Ms. Jenkins), and she expressed her hope that members of the Marco Island City Staff and community will participate in the December 16th virtual event. Mr. Hayden Dublois (Collier Ct.) congratulated the newly-elected and returning Councilors, and he shared his observations on the frustrations that he saw in evidence at the December 2, 2022 Planning Board Meeting among residents regarding ongoing safety, parking and congestion issues in and around the Old Marco area. He recommended that the Council consider calling together a special Ad-Hoc Committee to delve into and address the concerns that were raised. Ms. Heather Ohm Rodriguez (818 Hyacinth Ct.) shared her extreme embarrassment in being falsely accused by a Marco Island resident as a Florida Voter Law violator during the Citizen Comment portion of the October 17, 2022 City Council Meeting. She strongly urged the Council to devise and adopt a process to stop inaccurate and unjust accusations from being brought forward in this important public forum. Mr. Robert Donohoe (Dandelion Ct.) similarly came forward to express his extreme displeasure with also being named as a Florida Voting Law violator at the October 17th City Council Meeting, and he shared the actions that he has undertaken to solicit a retraction from the individual making those accusations. [EDITORIAL NOTE: As a 'time certain' Agenda item on the City Council's Meeting Agenda, the 'Citizens' Comments' portion of the meeting was conducted at 6:00 P.M., midway through the Council's review, discussion and deliberations regarding Agenda Item 12(A)2 (Ordinance - Second Reading - To Implement a Single Family Home Transient Rental Registration Program). At the conclusion of those 'Citizens' Comments', the meeting went into recess at 6:13 P.M. It is noted for the record that all Councilors were present when the meeting reconvened at 6:23 P.M.] 11. Quasi-Judicial Public Hearing ID 22-2534 Resolution - Boundary Adjustment and Utility Easement Vacation Request (LV-21-000166 & LOT-22-000167) for Property Located at 980 and 990 Scott Drive, Marco Island, FL 34145 - Mary P. Holden, Senior Planner, City of Marco Island Florida Page 5 City Council Meeting Minutes - Final December 5, 2022 Growth Management City Attorney Alan Gabriel swore in all parties who indicated an intention to provide witness or testimony, and each Council member conveyed a verbal ex parte disclosure related to the Applicant's appeal. City Clerk Mike Sheffield read Resolution 22-46 into the record by title only. Growth Management Senior Planner Mary Holden provided background on the boundary adjustment and utility easement vacation request, and she responded to several questions raised by members of the Council. No members of the public came forward to offer comment. MOTION by Councilor Blonna, seconded by Vice-Chair Grifoni, that Resolution 22-46 - Boundary Adjustment and Utility Easement Vacation Request (LV-21-000166 & LOT-22-000167) for Property Located at 980 and 990 Scott Drive, be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Blonna, Chair Folley, Vice-Chair Grifoni, Councilor Irwin, Councilor Palumbo, Councilor Rola and Councilor Brechnitz 12. Ordinances A. Public Hearings 1. ID 22-2530 Ordinance - Second Reading - Change to Section 30-1002 Regarding Setbacks of Pool and Screen Enclosures on Waterfront Lots - Daniel J. Smith, AICP, Director of Community Affairs City Clerk Mike Sheffield read Ordinance 22-07 into the record by title only. Community Affairs Director Daniel Smith outlined the background on the setback correction change and addressed several questions from members of the Council. Public Comment: Ms. Patti LaMotte (S. Heathwood Dr.), Board Member of the Marco Island Civic Association (M.I.C.A.), requested that the Council reject the proposed change in favor of a re-specification of the City's pool and screen enclosure setback requirements to better align with the setback requirements currently outlined within M.I.C.A.'s property deed restrictions. MOTION by Vice-Chair Grifoni, seconded by Councilor Brechnitz, that Ordinance 22-07 - Second Reading - Change to Section 30-1002 Regarding Setbacks of Pool and Screen Enclosures on Waterfront Lots, be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 5- Chair Folley, Vice-Chair Grifoni, Councilor Irwin, Councilor Palumbo and Councilor Brechnitz No: 2- Councilor Blonna and Councilor Rola 2. ID 22-2535 Ordinance - Second Reading - To Implement a Single Family Home Transient Rental Registration Program - Alan Gabriel, City Attorney City of Marco Island Florida Page 6 City Council Meeting Minutes - Final December 5, 2022 City Clerk Mike Sheffield read Ordinance 22-08 into the record by title only. City Attorney Alan Gabriel outlined the distinctions between the documents included in the Council's pre-meeting package of information on this Agenda items, and he addressed a number of questions from members of the Council during the Council's extended discussion and debate on this topic. City Manager McNees, Police Chief Frazzano and FIre Chief Byrnes were similarly asked by members of the Council to provide clarification and insight on certain elements of the Ordinance and its implementation The following individuals came forward to offer comment and perspective for the Council's consideration: 1. Mr. Hayden Dublois (Collier Ct.) 2. Ms. Christine Dowell (Biscayne Way) 3. Mr. Rafael Sanchez (N. Barfield Dr.) 4. Mr. Ed Issler (S. Joy Cir.) 5. Ms. Julie Rose (Capri Ct.) 6. Mr. Peter Rigas (Amber Dr.) 7. Ms. Dale Lomupo (Winterberry Dr.) 8. Mr. Martin Winter (Perrine Ct.) 9. Mr. John Richardson (Mendel Ave.) 10. Mr. Miklos Van Halen (Delbrook Way) 11. Ms. Linda Goslee (Treasure Ct.) 12. Mr. Howard Reed (Bald Eagle Dr.) Following Public Comment, Chair Folley asked City Attorney Gabriel for clarification on the proper procedure to consider amendments to the proposed Ordinance. Several Councilors also raised 'points of order' for City Attorney Gabriel's interpretation and advice. Chair Folley then, on an amendment-by-amendment basis, placed each amendment before the Council for potential consensus, and he remanded those that received consensus approval to Attorney Gabriel for inclusion into the final draft of revised Ordinance 22-08. MOTION by Councilor Blonna, seconded by Councilor Brechnitz, that Ordinance 22-08 - Second Reading - To Implement a Single Family Home Transient Rental Registration Program, be Approved with Amendments. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 4- Councilor Blonna, Chair Folley, Councilor Rola and Councilor Brechnitz No: 3- Vice-Chair Grifoni, Councilor Irwin and Councilor Palumbo B. First Readings None. 13. Resolutions & City Council Items a. ID 22-2522 Approval of a Resolution identifying a Transient Rental Registration Fee and a Resolution Appropriating Funds for FY23 for the Transient Rental Registration Special Revenue Fund - Casey Lucius, Assistant City Manager City Clerk Mike Sheffield read Resolution 22-42 into the record by title only. Assistant City Manager Casey Lucius outlined the anticipated expense elements associated with City of Marco Island Florida Page 7 City Council Meeting Minutes - Final December 5, 2022 implementing the Council-approved Rental Registration Ordinance, and she addressed several questions regarding the proposed rental registration fee. No members of the public came forward to offer comment. MOTION by Councilor Blonna, seconded by Councilor Rola, that Resolution 22-42 - Identifying a Transient Rental Registration Fee, be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 5- Councilor Blonna, Chair Folley, Councilor Palumbo, Councilor Rola and Councilor Brechnitz No: 2- Vice-Chair Grifoni and Councilor Irwin MOTION by Councilor Blonna, seconded by Councilor Brechnitz, that Resolution 22-43 - Appropriating Funds for FY23 for the Transient Rental Registration Special Revenue Fund, be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 5- Councilor Blonna, Chair Folley, Councilor Palumbo, Councilor Rola and Councilor Brechnitz No: 2- Vice-Chair Grifoni and Councilor Irwin (8c) ID 22-2525 Authorize the City Manager to Execute a Contract for Vacation Rental Registration Software in the Amount of $87,179.00 - Casey Lucius, Assistant City Manager Assistant City Manager Casey Lucius outlined the criteria that were utilized to assess and evaluate the alternatives investigated which led to the proposed provider and course of action, and she addressed a number of questions from members of the Council. Public Comment: Mr. Randy Egan (Bonita Ct.) expressed concern with cost of the proposed software, and he recommended that the City share in the software solution utilized by Collier County in administering its rental registration program. Mr. Miklos Van Halen (Delbrook Way) recommended that the City pursue writing its own software to maintain exclusive control of the source code and the information gathered through it. Ms. Teri Sommerfeld (San Marco Rd.) cautioned the Council in implementing a less-robust, "Mom & Pop" solution that will not meet all of the City's needs in identifying vacation rental properties and managing their registration process. MOTION by Councilor Blonna, seconded by Councilor Rola, to Authorize the City Manager to Execute a Contract for Vacation Rental Registation Software in the Amount of $87,179, be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 4- Councilor Blonna, Chair Folley, Councilor Rola and Councilor Brechnitz No: 3- Vice-Chair Grifoni, Councilor Irwin and Councilor Palumbo b. ID 22-2490 Approval of the Proposed 2023 Schedule of Regular City Council Meetings - Michael J. Sheffield, City Clerk City Clerk Mike Sheffield reviewed the meeting requirements for the Council as outlined in the City Charter, and he offered two alternative schedules for 2023 - one which expressly complied with the 1st & 3rd Mondays of the month requirement, and an alternative schedule that recommended several modified City of Marco Island Florida Page 8 City Council Meeting Minutes - Final December 5, 2022 dates to accommodate the Chair's 2023 availability. Councilor Blonna, recognizing the duration of many of the Council's 2022 meetings, and in consideration of the work that is before the Council in the upcoming year, proposed a third scheduling alternative that comprehends two, regularly-scheduled meetings each month for all twelve months of calendar year 2023. No members of the public came forward to offer comment. MOTION by Councilor Blonna, seconded by Councilor Palumbo, that the Council calendar for calendar year 2023 be modified to recognize and schedule two, regular meetings every month (24 meetings, total), be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 4- Councilor Blonna, Vice-Chair Grifoni, Councilor Palumbo and Councilor Rola No: 3- Chair Folley, Councilor Irwin and Councilor Brechnitz Motion To Extend The Meeting MOTION by Councilor Blonna, seconded by Vice-Chair Grifoni, 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 Blonna, Chair Folley, Vice-Chair Grifoni, Councilor Irwin, Councilor Palumbo, Councilor Rola and Councilor Brechnitz (THE MEETING WENT INTO RECESS AT 8:58 P.M. IT IS NOTED FOR THE RECORD THAT ALL COUNCILORS WERE PRESENT WHEN THE MEETING RECONVENED AT 9:06 P.M.) 14. Items Removed from the Consent Agenda Consent Agenda Item 8c. (Authorize the City Manager to Execute a Contract for Vacation Rental Software) was reviewed and voted upon by the Council immediately following the Council's deliberations and actions on Agenda Item 13a. (Approval of Resolution 22-43 regarding Short Term Rental Registration Fund Budget). The record of the Council's action on this item is noted following Agenda Item 13a. 15. Council Communications & Future Agenda Councilor Blonna congratulated the returning and newly-elected members to the Council, and he expressed his disappointment with the social media attacks and innuendos that the City Council candidates were subjected to by certain members of the public. Later, during the 'Departmental Reports' portion of the meeting, Councilor Blonna requested that an item be placed on the Council's Future Agenda. Councilor Rola requested an update from the City Manager on the status of RFI (Request for Information) responses from vendors that could implement technologies that might improve the Water & Sewer Department's ability to remove additional nitrogen and phosphorous from the City's wastewater. City Manager McNees provided an update, which was followed by a general discussion among several Councilors on this issue. City of Marco Island Florida Page 9 City Council Meeting Minutes - Final December 5, 2022 Vice-Chair Grifoni offered his congratulations to the City's Parks & Recreation team and all who supported the inaugural activities at Veterans' Community Park. He also indicated his desire to see a process for curbing false accusations during the Public Comment portion of City Council Meetings, and he proposed several items for the Council's Future Agenda. Newly-elected Councilor Palumbo, in response to Councilor Blonna's observations, shared an example of the misinformation that was communicated about him in an effort to discredit him during his campaign. He supported Vice-Chair Grifoni's recommendation that a process for curbing false accusations at City Council Meetings should be implemented. Later during Council Communications, Councilor Palumbo requested insight on the procedure to invite recently-elected Collier County School Board President Kelly Lichter to address the Council and to discuss ways for implementing budget efficiency measures for the benefit of students on and off the Island. Councilor Irwin offered comment and response to those citizens who have called into question her ethics and integrity, and she cited examples of the professional standards that she has been proud to maintain as a successful realtor on the Island. Councilor Irwin also provided data on Ft. Lauderdale's rental registration program, and she recommended the book "13 Ways To Kill Your Community" as promoted by the Florida League of Cities. She concluded by proposing one item for the Council's Future Agenda. Councilor Brechnitz offered his congratulations to the City Staff on the successful Veterans' Community Park event over the past weekend, and he expressed his pleasant surprise on how quickly the park was restored to its litter-free state after the event. Newly-elected Chair Greg Folley expressed his appreciation for the trust placed in him by his fellow Councilors to lead the City Council through the upcoming year, and he praised the leadership and example set by Councilor Brechnitz and Vice-Chair Grifoni in their roles during the most recent several years. Additionally, Chair Folley raised concern with City Manager McNees' documentation discipline regarding annual performance reviews with his direct reports, and City Manager McNees pledged to improve the timeliness of his documentation going forward. Chair Folley requested that this topic be placed on a Future Agenda of the Council. ID 21-1957 Future Agenda Items Councilor Blonna requested that a review of the Ad Hoc Parking Solutions Committee Report be placed on a Future Agenda of the City Council. Vice-Chair Grifoni requested that the following items be added to the Council's Future Agenda: 1) a presentation from Lee County Electric Cooperative on underground power lines on Marco Island; 2) opportunities to educate and encourage fuel station owners to install backup generators to power their fuel pumps during emergency conditions; 3) a presentation to the Council on the City Staff's post-hurricane 'learnings' following Hurricane Ian, and; 4) a review of the City's Noise Ordinance standards for properties not subject to the newly-passed Rental Registration Ordinance Councilor Irwin requested that a report on the October, 2022 tour conducted by the Southwest Florida Water Management District Picayune Strand Board with members of the City Staff and Council be placed on a Future Agenda of the City Council. Chair Folley requested that a discussion of the City Manager's process for ensuring up-to-date, documented annual performance reviews with his direct reports be added as a discussion item on the Council's Future Agenda. City of Marco Island Florida Page 10 City Council Meeting Minutes - Final December 5, 2022 Motion To Extend The Meeting MOTION by Councilor Blonna, seconded by Councilor Irwin, to extend the City Council Meeting to conclude no latre than 10:10 P.M. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: Yes: 7- Councilor Blonna, Chair Folley, Vice-Chair Grifoni, Councilor Irwin, Councilor Palumbo, Councilor Rola and Councilor Brechnitz 16. Council Reports None. 17. City Manager's Report City Manager McNees shared his satisfaction with the execution of the Veterans' Community Park inaugural events on December 3rd, and he expressed his thanks to all who brought the events to fruition. City Manager McNees also reminded the Council of the City Staff's participation in the Southwest Florida Legislative Delegation session on December 6th, and he indicated the potential for outside funding from a new source to facilitate the City obtaining one of the two 'high-water' vehicles that were identified as a City need following Hurricane Ian. City Manager McNees also commented on the Council's discussion regarding civility in Council and public discourse, and he suggested that a "expected behaviors" statement precede citizen public comment opportunities at future City Council meetings. 18. City Attorney's Report ID 21-1958 City Attorney’s Report City Attorney Gabriel offered his congratulations to the returning and newly-elected Councilors, and he reminded the Council of the upcoming State-mandated ethics training. He also commented on an item that came before the Planning Board at its December 2nd meeting. 19. Departmental Reports ID 21-1959 Monthly Departmental Reports Councilor Blonna, during this portion of the Agenda, requested that a review of the Ad Hoc Parking Solutions Committee Report be placed on a Future Agenda of the City Council. 20. Citizens' Comments No members of the public came forward to offer comment during this portion of the meeting. 21. Adjournment There being no further business before the Council, Chair Folley adjourned the meeting at 10:09 P.M. _____________________________________________ Greg Folley, Council Chair City of Marco Island Florida Page 11 City Council Meeting Minutes - Final December 5, 2022 ATTEST: _____________________________________________ Michael J. Sheffield, City Clerk PREPARED BY: _____________________________________________ Jim Kornas, Recording Specialist City of Marco Island Florida Page 12

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: 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 Monday, December 5, 2022 4:00 PM Community Meeting Room Swearing in of Newly Elected and Re-Elected City Councilors Oath of Office will be administered by the Honorable Robert L. Crown, Collier County Court Administrative Judge Councilor Re-Elect Erik Brechnitz Councilor Re-Elect Gregory Folley Councilor Elect Darrin Palumbo ID 22-2539 Official 2022 General Election Results Attachments: Certificate of Canvassing Board 1. Call to Order 2. Roll Call 3. Invocation - Reverend Jessica Babcock of St. Mark's Episcopal Church 4. Pledge of Allegiance 5. Election of Chair and Vice-Chair ID 22-2467 Election of Chair and Vice-Chair 6. Approval of the Agenda 7. Approval of the Minutes City of Marco Island Florida Page 1 Printed on 11/29/2022 City Council Meeting Agenda - Final December 5, 2022 a. ID 21-1956 Approval of the City Council Meeting Minutes of October 17, 2022 Attachments: City Council Meeting Minutes of October 17, 2022 b. ID 22-2462 Approval of the City Council Workshop Minutes of October 21, 2022 Attachments: City Council Workshop Minutes of October 21, 2022 c. ID 22-2508 Approval of the City Council Special-Called Meeting Minutes of November 3, 2022 Attachments: City Council Special-Called Meeting Minutes of November 3, 2022 8. Approval of Consent Agenda [Approval of Consent Agenda passes all routine items listed below.] a. ID 22-2528 Resolution Approving the Uniform Method for Collection of Non-Ad Valorem Assessments - Guillermo Polanco, Director, Finance Attachments: Resolution 22-45 Uniform Collection Advertisement b. ID 22-2540 Resolution to Approve the County’s Acquisition of a 0.39-Acre Parcel Located at 507 Inlet Drive, Marco Island, under the Conservation Collier Land Acquisition Program - Michael J. Sheffield, City Clerk Attachments: Resolution 22-44 Collier County Ordinance 2002-63 Project Design Report c. ID 22-2525 Authorize the City Manager to Execute a Contract for Vacation Rental Registration Software in the Amount of $87,179.00 - Casey Lucius, Assistant City Manager Attachments: Energov and GovOS Comparison GOVOS Proposal Energov Proposal d. ID 22-2524 Authorize the City Manager to Issue a Purchase Order to Commercial Design Services (CDS) in the Amount of $190,794.58, under State of Florida Contract Number 56120000-19-ACS, to Purchase Furniture, Seating, and Labor Needed to Outfit the New Fire Station 50 - Miguel Carballo, Manager, Fleet & Facilities Attachments: State of Florida Contract Number 56120000-19-ACS - Approved Reseller e. ID 22-2507 Authorize the City Manager to Upgrade the Service Authorization to Purchase Order #220344 with Jacobs Engineering Group Inc., for Additional/Required Design Efforts to Upgrade the Pumping System and Electrical Improvements Located at the Source Water Facility in City of Marco Island Florida Page 2 Printed on 11/29/2022 City Council Meeting Agenda - Final December 5, 2022 the Amount of $150,448.00 - Jeffrey E. Poteet, General Manager, Water and Sewer Attachments: Jacobs Scope of Services Proposal 10-19-22 f. ID 22-2506 Authorize the City Manager to Issue a Purchase Order to Jacobs Engineering Group Inc. for Permitting, Bid Phase, Construction Phase, and Startup Engineering Services for the South Water Treatment Plant (SWTP) West High Service Pump Station (HSPS) in the Amount of $186,708.00 Under City of Marco Island Contract #2020-020 for As-Needed Water and Wastewater Engineering Services - Jeffrey E. Poteet, General Manager Water and Sewer Attachments: Jacobs Consultant Service Authorization 10-05-22 g. ID 22-2513 Authorize the City Manager to Issue a Purchase Order to Alan Jay Fleet Sales for the Purchase of three (3) 2023 Chevy Silverado 2500 Trucks in the Amount of $152,325.00 - Jeffrey E. Poteet, General Manager, Water and Sewer Attachments: Alan Jay Fleet Sales Quote 11-08-22 h. ID 22-2536 Authorize the City Manager to Approve the Change Order to the Contract #2020-002 with Affordable Landscaping Services and Design, LLC to Add Services for the New Veterans’ Community Park in the Amount of $66,887.00 Annually - Lina Upham, Purchasing & Risk Manager Attachments: Change Order #4 12-05-22 9. Proclamations and Presentations a. ID 22-2176 Employee Service Awards: Eric Garwood Water & Sewer 5 years of service Guillermo Polanco Finance 10 Years of Service Steve Cunningham Water & Sewer 15 years of service Justin Martin Public Works 15 years of service b. ID 22-2491 Employee of the Quarter 10. 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.] 11. Quasi-Judicial Public Hearing City of Marco Island Florida Page 3 Printed on 11/29/2022 City Council Meeting Agenda - Final December 5, 2022 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.) ID 22-2534 Resolution - Boundary Adjustment and Utility Easement Vacation Request (LV-21-000166 & LOT-22-000167) for Property Located at 980 and 990 Scott Drive, Marco Island, FL 34145 - Mary P. Holden, Senior Planner, Growth Management Attachments: Resolution 22-46 Staff Report Application & Cover Letter - LV-22-000166 Application & Cover Letter - LOT-22-000167 Agent Letter of Authorization Exisiting Boundary Survey - 980 & 990 Scott Drive Lot Adjustment Exhibit Lot 15 Sketch & Legal - Propsed Easement Lot 16 Sketch & Legal - Propsed Easement Warranty Deed 980 Scott Drive Warranty Deed 990 Scott Drive Letters of No Objection - Copies of Certified Mail Utilities Letters of No Objection 12. Ordinances A. Public Hearings 1. ID 22-2530 Ordinance - Second Reading - Change to Section 30-1002 Regarding Setbacks of Pool and Screen Enclosures on Waterfront Lots - Daniel J. Smith, AICP, Director of Community Affairs Attachments: Ordinance 22-07 Staff Report Ordinance 18-09 Ordinance 19-07 2. ID 22-2535 Ordinance - Second Reading - To Implement a Single Family City of Marco Island Florida Page 4 Printed on 11/29/2022 City Council Meeting Agenda - Final December 5, 2022 Home Transient Rental Registration Program - Alan Gabriel, City Attorney Attachments: Ordinance 22-08 Comments Regarding Transient Rental Registration Ordinance B. First Readings 13. Resolutions & City Council Items a. ID 22-2522 Approval of a Resolution identifying a Transient Rental Registration Fee and a Resolution Appropriating Funds for FY23 for the Transient Rental Registration Special Revenue Fund - Casey Lucius, Assistant City Manager Attachments: Resolution 22-42 Identifying a Transient Rental Registration Fee Resolution 22-43 Short Term Rental Registration Fund Budget Draft Rental Registration Program Budget b. ID 22-2490 Approval of the Proposed 2023 Schedule of Regular City Council Meetings - Michael J. Sheffield, City Clerk Attachments: Proposed City Council 2023 Meeting Schedule 14. Items Removed from the Consent Agenda 15. Council Communications & Future Agenda ID 21-1957 Future Agenda Items Attachments: Future Agenda 01.09.23 16. Council Reports 17. City Manager's Report 18. City Attorney's Report ID 21-1958 City Attorney’s Report Attachments: City Attorney Report 19. Departmental Reports ID 21-1959 Monthly Departmental Reports City of Marco Island Florida Page 5 Printed on 11/29/2022 City Council Meeting Agenda - Final December 5, 2022 Attachments: Public Works Water & Sewer Police - September 2022 Police - October 2022 Finance Internal Services Community Affairs Fire-Rescue 20. Citizens' Comments [4 minutes per individual – Each individual has one opportunity to speak.] 21. 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 6 Printed on 11/29/2022

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