City Council

City of Marco Island Florida 51 Bald Eagle Drive Marco Island, Florida cityofmarcoisland.com Meeting Minutes - Final Monday, January 9, 2023 5:30 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 January 9, 2023 1. Call to Order Chair Folley called the meeting to order at 5:30 P.M. 2. Roll Call Present: 7- Councilor Blonna, Councilor Brechnitz, Vice-Chair Grifoni, Councilor Irwin, Councilor Palumbo, Councilor Rola and Chair Folley Also Present Michael McNees, City Manager Casey Lucius, Assistant City Manager Mike Sheffield, City Clerk Alan L. Gabriel, City Attorney Chris Byrne, Fire Chief Guillermo Polanco, Finance Director Daniel J. Smith, Community Affairs Director Justin Martin, Public Works Director Jose Duran, Information Technology Director Jeff Poteet, Water & Sewer General Manager Lina Upham, Purchasing & Risk Manager Samantha Malloy, Parks, Culture & Recreation Manager Martin Luna, Video/Broadcast Technician Jim Kornas, Recording Specialist Citizens and Visitors 3. Invocation Offered by Reverend Steve Schoof of the Marco Presbyterian Church. 4. Pledge of Allegiance Led by Chair Folley. 5. Approval of the Agenda Chair Folley requested that Council discussion on Agenda Item 12c. (Racquet Center - Parks & Recreation Advisory Committee (PRAC) Recommendations) be moved forward in the Agenda to take place after Agenda Item #8 (Proclamations and Presentations). MOTION by Councilor Brechnitz, seconded by Councilor Blonna, that the Agenda be Approved as Amended. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: Yes: 7- Councilor Blonna, Councilor Brechnitz, Vice-Chair Grifoni, Councilor Irwin, Councilor Palumbo, Councilor Rola and Chair Folley 6. Approval of the Minutes ID 22-2544 Approval of the City Council Meeting Minutes of December 5, 2022 MOTION by Councilor Blonna, seconded by Councilor Palumbo, that the City Council Meeting Minutes of December 5, 2022, be Approved. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: City of Marco Island Florida Page 1 City Council Meeting Minutes - Final January 9, 2023 Yes: 7- Councilor Blonna, Councilor Brechnitz, Vice-Chair Grifoni, Councilor Irwin, Councilor Palumbo, Councilor Rola and Chair Folley 7. Approval of Consent Agenda Councilor Brechnitz requested that Agenda Item 7g. (Two Purchase Orders ... Tigertail Lagoon/Sand Dollar Island Ecosystem Restoration Project ...) be removed from the Consent Agenda. Councilor Rola requested that Agenda Item 7d. (Purchase Order to Southern Sanitation, Inc. for Emergency Pumping Services ...) be removed from the Consent Agenda. At the direction of Chair Folley, these items were discussed and are reflected in these Minutes as Items 13a. & 13b., respectively, under 'Items Removed From The Consent Agenda'. [Approval of the Consent Agenda Passed The Routine Items Listed Below] a. ID 22-2560 Authorize the City Manager to Issue a Purchase Order to Motorola Solutions for the Purchase of Replacement Public Safety Portable Radios in the Amount of $96,050.06 - Chris Byrne, Fire Chief, Fire Rescue Department b. ID 22-2495 Authorize the City Manager to Execute an Interlocal Agreement with North Collier Fire Control & Rescue District for the Purpose of Participating as a Partnering Agency for a Shared Incident Command Management Software System - Chris Byrne, Fire Chief, Fire-Rescue Department c. ID 22-2665 Approval of the Fire Apparatus Maintenance Services Agreement - Chris Byrne, Fire Chief, Fire Rescue Department e. ID 22-2666 Award of Contract to Matheson for the Supply of Carbon Dioxide (CO2) at $0.28 Per Pound (Estimated Annual Spend of $218,540.00) - Jeffrey E. Poteet, General Manager, Water & Sewer f. ID 22-2667 Award of a Contract to Tanner Industries, Inc. for the Supply of Anhydrous Ammonia at $1.49 Per Pound (Estimated Annual Spend of $39,753.20) - Jeffrey E. Poteet, General Manager, Water & Sewer h. ID 22-2675 Conservation Collier Acquisition Support Letter - Councilor Rich Blonna 8. Proclamations and Presentations a. ID 22-2532 Employee Service Awards: Leslie Mackin Water & Sewer 5 years of Service Henry Tejeda Building Dept. 5 Years of Service Heather Smith Building Dept. 5 Years of Service City Manager McNees recognized and called forward the following City employees to receive their appreciation of service recognition certificate and pin as presented by City Council Chairman Greg Folley. 1) Ms. Heather Smith (5 years), and; 2) Mr. Leslie Mackin (5 years). Mr. Henry Tejeda (5 years) was not present to receive his recognition. City of Marco Island Florida Page 2 City Council Meeting Minutes - Final January 9, 2023 Ms. Smith and Mr. Mackin received a warm round of applause from the Council, City Staff and guests who were present. b. ID 22-2670 Employee Recognition of Fidencio Mireles Jr. - Florida Rural Water Association Mr. Steve Soltau, H2O Knowledge-Pro, on behalf of the Florida Rural Water Association (FRWA) Apprenticeship Program, presented Mr. Fidencio Mireles, Jr. of the City of Marco Island Water & Sewer Department, a plaque recognizing his successful completion of his two-year apprenticeship program. All present expressed their approval and congratulations by offering a warm round of applause to Mr. Mireles. 9. Citizens' Comment on Items Not Scheduled For Public Hearing and Items Other Than Those Appearing on the Agenda Mr. Phil Kostelnik (Channel Ct.) expressed his appreciation for the work by the Marco Island Police Department, and he offered his humorous perspective on the arrival of the 'snowbirds' to Marco Island. Mr. Paul Reisinger (Gulfstream St.) requested direction and support in obtaining City Staff permitting assistance to facilitate the rebuild of his on-beach storage boxes that were destroyed during Hurricane Ian. He was asked to reach out to Community Affairs Director Daniel Smith during regular City business hours to address his request. 10. Quasi-Judicial Public Hearing ID 22-2669 Resolution - Coastal Construction Control Line Variance Setback Request (CCCL-22-000245)) for the Property Located at 598 Spinnaker Drive, Marco Island, FL 34145 - Mary P. Holden, Senior Planner, Growth Management City Clerk Mike Sheffield read Resolution 23-01 into the record by title only. 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. Community Affairs Director Daniel Smith provided an overview of the issue for Council consideration and action, and he responded to several question from members of the Council. A representative for the Applicant similarly provided testimony and addressed several questions from members of the Council. No members of the public came forward to offer comment. MOTION by Councilor Brechnitz, seconded by Councilor Irwin, that Resolution 23-01 - Coastal Control Line Variance Setback Request (CCCL-22-000245) for the Property Located at 598 Spinnaker Drive, be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Councilor Brechnitz, Vice-Chair Grifoni, Councilor Irwin, Councilor Palumbo, Councilor Rola and Chair Folley No: 1- Councilor Blonna 11. Ordinances City of Marco Island Florida Page 3 City Council Meeting Minutes - Final January 9, 2023 A. Public Hearings None. B. First Readings None. 12. Resolutions & City Council Items a. ID 22-2668 Results of the Nutrient Removal Request for Information (RFI) - Jeffrey E. Poteet, General Manager, Water & Sewer Marco Island Water & Sewer Department General Manager Jeff Poteet provided an overview of the solicitation effort to obtain information on technologies that might enhance the nutrient removal process for wastewater treatment, and he responded to a number of questions from members of the Council. Public Comment Mr. David Crain (Gayer Way), Chair of the Marco Island Waterways Advisory Committee, came forward to share insight and clarify understandings relative to water quality samples that were recently extracted from Marco Island waterways. MOTION by Councilor Blonna, seconded by Councilor Rola, that representatives from the organizations: 1) Phosphorous Free Water Solutions, and; 2) Jacobs Engineering be invited to share their technologies and information with members of the City of Marco Island Staff and the City's Waterways Advisory Committee. MOTION FAILED BY THE FOLLOWING VOTE: Yes: 3- Councilor Blonna, Councilor Palumbo and Councilor Rola No: 4- Councilor Brechnitz, Vice-Chair Grifoni, Councilor Irwin and Chair Folley b. ID 22-2674 Discussion of 2017 Ad Hoc Parking Solutions Committee Recommendations and Subsequent Actions - Justin Martin, P.E., Director, Public Works Marco Island Public Works Director Justin Martin presented highlights from the 2017 Marco Island Ad Hoc Parking Solutions Committee's work, and he offered potential solutions from that effort that could be pursued to address the difficult pedestrian and traffic issues in and around the Old Marco area. Public Comment Mr. Howard Reed (Bald Eagle Dr.) shared his perspective on the proposal to engineer and install parallel parking spaces along Bald Eagle Drive, and he recommended that the Council reject any plans that would include such changes along that roadway. Following the Public Comment and considerable discussion by the Council, Chair Folley directed that City Staff review the budgeted allocations for other road improvement projects that are already in the City's queue, and return to the Council with a prioritized list of projects that can be initiated and completed within the total combined budget for all currently identified roadway projects. c. ID 22-2680 Racquet Center Memo - Parks and Recreation Advisory Committee (PRAC) Recommendations Regarding Racquet Center Usage and City of Marco Island Florida Page 4 City Council Meeting Minutes - Final January 9, 2023 Feasibility Study - Carlos Portu, Chairman, Parks & Recreation Advisory Committee Marco Island Community Affairs Director Daniel Smith introduced Mr. Ken Ballard, President and Founding Partner of Ballard*King & Associates, to review, over Zoom video conference connection, the results of his consulting firm's study and recommendations regarding the Marco Island Racquet Center. Presenting four alternative courses of action for Council consideration, he was followed by Dr. Carlos Portu, Chair of the Parks & Recreation Advisory Committee, who engaged in dialogue with the Council on each of the four identified paths of action. The following members of the public came forward to offer their comments for Council consideration: Mr. Doug Kelly (N. Barfield Dr.) Ms. Lisa Hogan (Amber Dr.) Mr. Tim Clune (Collier Blvd.) Mr. Mark McKillan (walk on; no street address identified) Mr. Taylor Bach (walk on; no street address identified) MOTION by Vice-Chair Grifoni, seconded by Councilor Brechnitz, that the City Staff bring forward a plan to convert two existing tennis courts to pickleball courts in the near-to-intermediate term, with the Parks & Recreation Advisory Committee taking up a full cost and feasibility study of implementing the Ballard*King 'Option 4' recommendation for future City Council consideration and action, be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Councilor Brechnitz, Vice-Chair Grifoni, Councilor Irwin, Councilor Palumbo, Councilor Rola and Chair Folley No: 1- Councilor Blonna (THE MEETING WENT INTO RECESS AT 7:38 P.M. IT IS NOTED FOR THE RECORD THAT ALL COUNCILORS WERE PRESENT WHEN THE MEETING RECONVENED AT 7:45 P.M.) d. ID 22-2679 Post Hurricane Ian Permit Fee and Code Enforcement Moratorium Update, Police Chief Tracy Frazzano and Community Affairs Director Dan Smith In recognition that the expiration date of the City of Marco Island Permit Fee and Code Enforcement Moratorium had passed on December 28, 2022, no Council action was taken on this item. 13. Items Removed from the Consent Agenda 7g. ID 22-2672 Authorize the City Manager to Issue Two Purchase Orders to Humiston & Moore Engineers for Professional Consulting Services Associated with the Tigertail Lagoon/Sand Dollar Island Ecosystem Restoration Project for Construction Administration and Post-Construction in the Amount of $84,643 and Construction and Post-Construction Environmental Services in the Amount of $81,395 using the City’s Professional Services Contract #17-005 - Justin Martin, P.E., Director, Public Works Councilor Brechnitz, in response to troubling commentary that he recently observed on social media City of Marco Island Florida Page 5 City Council Meeting Minutes - Final January 9, 2023 regarding this project, requested that Mr. Justin Martin, Marco Island Public Works Director, and Mr. Mohamed Dabees, Vice-President & Senior Coastal Modeler/Project Engineer for Humiston & Moore Engineers, come forward to address questions raised by him and other members of the Council on the project plan and sources of funding for the Tigertail Lagoon/Sand Dollar Island Ecosystem Restoration effort currently underway around Hideaway Beach. Public Comment Mr. David Crain (Gayer Way), Chair of the Marco Island Waterways Advisory Committee, came forward to convey his, and his Committee's, support for the project. MOTION by Councilor Blonna, seconded by Councilor Brechnitz, that the Authorization of the City Manager to Issue Two Purchase Orders to Humiston & Moore Engineers for Professional Consulting Services Associated with the Tigertail Lagoon/Sand Dollar Island Ecosystem Restoration Project for Construction, Administration, and Post-Construction in the Amount of $84,643 and Construction and Post-Construction Environmental Services in the Amount of $81,395 Using the City's Professional Services Contract #17-005, be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 7- Councilor Blonna, Councilor Brechnitz, Vice-Chair Grifoni, Councilor Irwin, Councilor Palumbo, Councilor Rola and Chair Folley 7d. ID 22-2664 Authorize the City Manager to Issue a Purchase Order to Southern Sanitation, Inc. for Emergency Pumping Services of the Sanitary Sewer Collection System in the Aftermath of Hurricane Ian in the Amount of $134,575.00 using City of Marco Island Contract #19-031 for Sewage Hauling - Jeffrey E. Poteet, General Manager Water & Sewer Water & Sewer Department General Manager Jeff Poteet addressed questions raised by Councilor Rola regarding the basis for this purchase order. MOTION by Councilor Brechnitz, seconded by Councilor Rola that, Authorization to the City Manager to Issue a Purchase Order to Southern Sanitation, Inc. for Emergency Pumping Services of the Sanitary Sewer Collection System in the Aftermath of Hurricane Ian in the Amount of $134,575.00 Using City of Marco Island Contract #19-031 for Sewage Hauling, be Approved. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: Yes: 7- Councilor Blonna, Councilor Brechnitz, Vice-Chair Grifoni, Councilor Irwin, Councilor Palumbo, Councilor Rola and Chair Folley 14. Council Communications & Future Agenda Vice-Chair Grifoni, in consideration of the Council's discussion and direction on Agenda Item 12c. (Racquet Center - Parks & Recreation Advisory Committee (PRAC) Recommendations), suggested that the Committee and City Staff consider exploring opportunities with the Collier County Tourist Development Council to help fund future facility improvements at the Marco Island Racquet Center. Additionally, Vice-Chair Grifoni asked the City Staff to remain mindful and helpful in addressing concerns of the gentleman who came forward during Citizens' Comments earlier in the meeting regarding the City's permit requirements for rebuilding his beach boxes that were destroyed by Hurricane Ian. Councilor Irwin asked City Manager McNees to share his insights on: 1) when Caxambas Park might be re-opened by Collier County, and; 2) the status of the City's efforts to identify and propose revisions to eliminate or modify outdated and ineffective provisions in the City's Codes. Mr. McNees provided an City of Marco Island Florida Page 6 City Council Meeting Minutes - Final January 9, 2023 update in line with Councilor Irwin's request. Councilor Rola requested that the City Attorney and the City Staff provide an update regarding: 1) the recent, pending Old Marco area restaurant Applicant appeal, and; 2) the status of developer plans for the site of the former Sonitasole facility on S. Barfield Road. Councilor Palumbo supported Council Irwin's desire to see more action and information on the re-opening of Caxambas Park, and he indicated his desire for the Council to discuss and explore to explore the potential of modifying the City Charter to enable the position of 'mayor' for the City of Marco Island. Councilor Brechnitz, in response to Councilor Palumbo's recommendation, indicated his intention to lead a discussion regarding the position of 'mayor' coincident with his Charter Review Process White Paper review which he hopes to bring forward to the February 21, 2023 City Council Meeting. Chair Folley requested that Councilors who are representing the City of Marco Island by participating in County or Regional Boards and Committees be prepared to present brief updates on their Board/Committee progress periodically during the 2023 calendar year. ID 22-2549 Future Agenda Items Councilor Blonna requested that his topic "Fertilizer Ordinance" be removed as a Future Agenda item for the Council. Councilor Irwin requested that a review of the South Florida Water Management District Big Cypress Basin tour that was conducted in late October, 2022 be added to the Council's Future Agenda. Motion to Extend the Meeting MOTION by Councilor Blonna, seconded by Councilor Palumbo, to extend the City Council Meeting to conclude no later than 10:00 P.M. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: Yes: 7- Councilor Blonna, Councilor Brechnitz, Vice-Chair Grifoni, Councilor Irwin, Councilor Palumbo, Councilor Rola and Chair Folley 15. Council Reports ID 22-2682 Discussion of City Manager Performance Reviews, Council Chairman Greg Folley In follow-up to the discussion that he raised during Council Communications at the December 5, 2022 City Council Meeting, Chair Folley initiated dialogue with the Council regarding what, if any, additional action should be taken relative to the City Manager's failure to document the performance reviews with his direct reports in a timely manner. Considerable discussion ensued between members of the Council and, in collaboration with, City Manager McNees. No members of the public came forward to offer comment. City Manager McNees confirmed that documented annual reviews with all of his direct reports for 2022 had been completed, and he re-affirmed his commitment to continue to maintain this record-keeping discipline in the future. Chair Folley requested copies of Mr. McNees's most-recent performance reviews with his direct reports. Motion to Extend the Meeting City of Marco Island Florida Page 7 City Council Meeting Minutes - Final January 9, 2023 MOTION by Councilor Blonna, seconded by Councilor Brechnitz, to extend the Council Meeting to conclude no later than 10:05 P.M. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: Yes: 7- Councilor Blonna, Councilor Brechnitz, Vice-Chair Grifoni, Councilor Irwin, Councilor Palumbo, Councilor Rola and Chair Folley 16. City Manager's Report ID 22-2681 Proposed Additions to City Council Meeting Protocols, Mike McNees, City Manager In consideration of the late hour, City Manager McNees did not present the topic of City Council Meeting Protocols at this meeting. He did, however, briefly advise the Council of: 1) the City of Marco Island's Police Department assistance to the City of Sanibel in providing temporary, FEMA-reimbursed police officer presence as it continues to recover from the effects of Hurricane Ian, and; 2) his reminder to the Council to provide input to Fleet & Facilities Manager Miguel Carballo on the new Fire Station 50 inaugural plaque. 17. City Attorney's Report None. 18. Departmental Reports ID 22-2546 Monthly Departmental Reports Councilor Rola commended the Water & Sewer Department Team for regularly reporting the measured levels of nutrients in its waste water. Councilor Irwin commented on the October and November reported numbers on Page 11 of the monthly Police Department report. 19. Citizens' Comments Mr. William Flasche (Bald Eagle Dr.) reported his observations, as a resident of that area, regarding the parking situation along Bald Eagle Drive in Old Marco, and he expressed disappointment with certain members of the Council in what he saw as excessive criticism of the City Manager earlier in the meeting. 20. Adjournment There being no further business before the Council, Chair Folley adjourned the meeting at 10:07 P.M. ___________________________ Greg Folley, Council Chair ATTEST: ____________________________________ Michael J. Sheffield, City Clerk PREPARED BY: City of Marco Island Florida Page 8 City Council Meeting Minutes - Final January 9, 2023 ___________________________ Jim Kornas, Recording Specialist City of Marco Island Florida Page 9