City Council

City of Marco Island Florida 51 Bald Eagle Drive Marco Island, Florida cityofmarcoisland.com Meeting Minutes - Final Monday, January 23, 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 23, 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 Tracy Frazzano, Police Chief Chris Byrne, Fire Chief Daniel J. Smith, Community Affairs Director Justin Martin, Public Works Director Jose Duran, Information Technology Director Jeff Poteet, Water & Sewer General Manager Mary Holden, Senior Planner 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 MOTION by Councilor Blonna, seconded by Councilor Irwin, that the Agenda 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 6. Approval of the Minutes ID 22-2545 Approval of the City Council Meeting Minutes of January 9, 2023 MOTION by Councilor Blonna, seconded by Councilor Brechnitz, that the City Council Meeting Minutes of January 9, 2023, 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 7. Approval of Consent Agenda MOTION by Councilor Brechnitz, seconded by Councilor Rola, that the Consent City of Marco Island Florida Page 1 City Council Meeting Minutes - Final January 23, 2023 Agenda 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 [Approval of the Consent Agenda Passed All Routine Items Listed Below] a. ID 23-2714 Approval of Change Order #1 to the Contract 2022-022 (2022 Tigertail Lagoon/Sand Dollar Island Ecosystem Restoration Project) in the Amount of $158,342.50 for Additional Sand Placement from the Offshore Borrow Area using Hideaway Beach Special Taxing District Funds and Authorization of the Use of Owner Controlled Contingency - Lina Upham, Purchasing and Risk Manager/Deputy City Clerk b. ID 23-2690 Authorize the City Manager to Issue a Purchase Order to Water Science Associates for Professional Engineering Services to Conduct the Underground Deep Injection Control Mechanical Integrity Test to Injection Well (IW) #2 in the Amount of $147,500 - Jeffrey E. Poteet, General Manager, Water & Sewer c. ID 23-2718 Resolution Approving the Appointment of Members to Boards and Committees - Michael J. Sheffield, City Clerk 8. Proclamations and Presentations a. ID 23-2715 Proclamation Honoring Sergeant Hector Diaz City Manager McNees recognized and called forward Police Sergeant Hector Diaz to receive a Proclamation, read by City Clerk Mike Sheffield and presented by Chair Greg Folley, honoring and thanking Sergeant Diaz for his 30 years in law enforcement with 23 years of service to the citizens of Marco Island. A large gathering of colleagues of Sergeant Diaz from the Marco Island Police Department and the Fire Rescue Department also came forward and led all present in a warm round of congratulatory applause for Sergeant Diaz. b. ID 23-2719 Presentation - Safe Harbor Management Agreement - Successful Burrowing Owl Starter Burrows - Kathryn Grigsby-Budet, Environmental Planner Marco Island Environmental Planner Kathryn Grigsby-Budet shared a brief graphical presentation outlining the growth and success of the Marco island Burrowing Owl Starter Burrow incentive program. She thanked the Council for its past and continuing support of the Program. 9. Citizens' Comments on Agenda Items Not Scheduled for Public Hearing and Items Other Than Those Appearing on the Agenda Mr. Don Armstrong (Beach Resort Dr., Naples) of the Marco Island Model Yacht Club petitioned the Council to review and intercede, if necessary, in the current "impasse" that he indicated exists between the Club and the City in allowing Model Yacht Club members to park their vehicles on the grass near the dock and near-water shade structure at Mackle Park. City Manager McNees was asked to investigate and provide assistance to Mr. Armstrong and the Club. 10. Quasi-Judicial Public Hearing City of Marco Island Florida Page 2 City Council Meeting Minutes - Final January 23, 2023 ID 23-2703 Appeal of Planning Board Case - Appeal Case (APBC-22-000286) Regarding the Approved Site Development Plan (SDP-22-000246) for the Development of a Full-Service Restaurant at 1202 Bald Eagle Drive, Marco Island, FL 34145 - Daniel J. Smith, AICP, Director of Community Affairs At the request of Chair Folley, City Attorney Alan Gabriel briefly outlined the background and nature of the Appeal, and he indicated the Council's ability and responsibility to review this Appeal anew, and without any requirement to be constrained or bound by previous Council or Planning Board reviews of this case. Mr. Gabriel also 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. Additionally, Councilor Palumbo communicated his potential Conflict of Interest regarding this Appeal, and he declared his recusal from voting on it. [Editorial Note: Councilor Palumbo's Voting Conflict Memorandum (CE Form 8B) was subsequently filed with the Marco Island City Clerk and is included as an attachment to the record for this meeting under 'Meeting Details' on the City's website (www.cityofmarcoisland.com)] The hearing commenced with review of the Applicant's Appeal by Marco Island Community Affairs Director Daniel Smith, and he presented the City Staff's recommendation to the Council. Attorneys from the law firms Henderson | Franklin (for the Applicant) and Woods, Weidenmiller, Michetti & Rudnick LLP (for the Appellant) each, in turn, presented their respective client's cases to the Council, brought forward expert and witness testimony, and cross-examined Community Affairs Director Smith and other witnesses who were asked to provide testimony. A court reporter took record of the proceedings. A thirteen (13) minute Recess was requested by Chair Folley at 7:07 P.M., and a Motion to Extend the City Council Meeting was made (and passed) at 9:22 P.M. to extend the Council Meeting for an additional 60 minutes during this quasi-judicial hearing. In all, the proceedings exceeded four hours. The following fifteen (15) members of the public came forward to offer comment for Council consideration: 1. Mr. Ben Farnsworth (Edington Place) 2. Mr. Dennis Baumgardner (Balsam Ct.) 3. Ms. Sarah Tipka (Edington Place) 4 Mr. Gregory Pucci (Nautilus Ct.) 5. Ms. Megan Criser (Kendari Terrace, Naples) 6. Ms. Ellen Frey (Edington Place) 7. Mr. Brian Frey (Edington Place) 8. Mr. Todd Goehler (Richmond Ct.) 9. Mr. Charles Mangus (Bald Eagle Dr.) 10. Ms. Rhonda Gloodt (Vernon Place) 11. Mr. Jim Miller (Spruce Ct.) 12. Mr. Mark Melvin (Hideaway Circle W.) 13. Mr. Howard Reed (Bald Eagle Dr.) 14. Mr. David Caruso (Abbeville Ct.) 15. Mr. William Anderson (Palm St.) The following four (4) members of the public also signed in to comment, but declined to come forward (or were absent) when called: 1. Mr. Alex Galiana (Shalimar St.) City of Marco Island Florida Page 3 City Council Meeting Minutes - Final January 23, 2023 2. Mr. Alan Perlman (Old Sheridan St., Southwest Ranches) 3. Mr. David Crain (Gayer Way) 4. Ms. Michelle Pyle (Palm St.) MOTION by Councilor Blonna, seconded by Councilor Rola, to Approve the Appellant's Appeal (APBC-22-000286) Regarding the Approved Site Development Plan (SDP-22-000246) for the Development of a Full-Service Restaurant at 1202 Bald Eagle Drive, Marco Island, FL 34145. MOTION FAILED BY THE FOLLOWING VOTE: Yes: 2- Councilor Blonna and Councilor Rola No: 4- Councilor Brechnitz, Vice-Chair Grifoni, Councilor Irwin and Chair Folley Recused: 1- Councilor Palumbo Chair Folley identified two conditions that could be considered by the Council should it wish to approve the Applicant's Appeal. The conditions he identified were: 1) dedicating the across-the-street, gated, 12 parking space area for employee and valet parking only, and; 2) requiring the Applicant to obtain and maintain dredging permit approvals and execute necessary dredging actions as needed to keep the Site's designated boat slips fully navigable and able to accommodate restaurant customers who arrive by boat. MOTION by Chair Folley, seconded by Vice-Chair Grifoni, that Appeal Case (APBC-22-000286) Regarding the Approved Site Development Plan (SDP-22-000246) for the Development of a Full-Service Restaurant at 1202 Bald Eagle Drive, Marco Island, FL 34145, be Approved with Conditions. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 4- Councilor Brechnitz, Vice-Chair Grifoni, Councilor Irwin and Chair Folley No: 2- Councilor Blonna and Councilor Rola Recused: 1- Councilor Palumbo 11. Ordinances A. Public Hearings None. B. First Readings None. 12. Resolutions & City Council Items a. ID 23-2717 Discussion of Beach Access Improvements Proposed by the Beautification Advisory Committee - Justin Martin, P.E., Director, Public Works Public Works Director Justin Martin, in concert with Mr. Brent Guillot, Vice President of Landscape Architecture with Agnoli, Barber & Brundage, Inc., presented a photo review of the existing conditions at the Winterberry and Maple Avenue beach access pathways along Collier Boulevard. They also presented and discussed several conceptual improvement ideas that could be pursued with Council direction. No members of the public came forward to offer comment. City of Marco Island Florida Page 4 City Council Meeting Minutes - Final January 23, 2023 Chair Folley, in summarizing the discussion and direction of the Council, directed the City Staff to develop a detailed plan for the two beach access pathways with a corresponding budget estimate for consideration during the Council's Fiscal Year 2024 budget development cycle. b. ID 23-2685 Authorize the City Manager to Execute the State of Florida Department of Environmental Protection (FDEP) Resilient Florida Program Grant Agreement Number 22SRP70 for the South Water Treatment Plant (SWTP) West High Service Pump Station (HSPS) in the amount of $900,000.00 - Jeffrey E. Poteet, General Manager Water and Sewer Due to the extended duration of the meeting and the impending late hour adjournment, City Manager McNees requested the Council's consideration in addressing this important, time-sensitive item. No members of the Council or the public raised question or concern regarding this authorization request. MOTION by Councilor Irwin, seconded by Councilor Brechnitz, that the Authorization for the City Manager to Execute the State of Florida Department of Environmental Protection (FDEP) Resilient Florida Program Grant Agreement Number 22SRP70 for the South Water Treatment Plant (SWTP) West High Service Pump Station (HSPS) in the Amount of $900,000.00, 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 13. Items Removed from the Consent Agenda No items were removed from the Consent Agenda at this meeting. 14. Council Communications & Future Agenda ID 22-2550 Future Agenda Items Council Communications and discussion regarding Future Agenda Items was not conducted at this meeting. 15. Council Reports a. ID 22-2676 Proposed Changes to City Council Meeting Structure - Councilor Rich Blonna This item was not addressed and will be rescheduled for review at a future meeting of the Council. b. ID 23-2687 Proposed Additions to City Council Meeting Protocols, Mike McNees, City Manager This item was not addressed and will be rescheduled for review at a future meeting of the Council. 16. City Manager's Report ID 23-2716 Hurricane Ian After Action Report, Mike McNees, City Manager This item was not addressed and will be rescheduled for review at a future meeting of the Council. City of Marco Island Florida Page 5 City Council Meeting Minutes - Final January 23, 2023 17. City Attorney's Report ID 22-2548 City Attorney’s Report No report was provided at this meeting. 18. Departmental Reports ID 22-2547 Monthly Departmental Reports This item was not addressed at this meeting of the Council. 19. Citizens' Comments Due to the late hour and the impending adjournment of this meeting, no Citizen Comments were solicited. 20. Adjournment In light of the late hour and in recognition of the insufficient time to address the remaining items on the Agenda, Chair Folley adjourned the meeting at 10:43 P.M. ___________________________ Greg Folley, Council Chair ATTEST: ____________________________________ Michael J. Sheffield, City Clerk PREPARED BY: ___________________________ Jim Kornas, Recording Specialist City of Marco Island Florida Page 6