City Council

City of Marco Island Florida 51 Bald Eagle Drive Marco Island, Florida cityofmarcoisland.com Meeting Minutes - Final Monday, February 6, 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 February 6, 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 Jennifer Pierce, Fire Marshall Lina Upham - Purchasing and Risk Manager/Dept. City Clerk Justin Martin, Public Works Director Jose Duran, Information Technology Director Jeff Poteet, Water & Sewer General Manager Mary Holden, Planning Manager Jim Kornas, Vacation Rental Registration Supervisor 3. Invocation Offered by Reverend Scott Kerens of Marco Presbyterian Church. 4. Pledge of Allegiance Led by Chair Folley. 5. Approval of the Agenda Chair Folley requested that item 12 (a) come before the Council immediately after Item 8 (Proclamations and Presentations). MOTION by Councilor Irwin, seconded by Councilor Brechnitz, 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 22-2564 Approval of the City Council Meeting Minutes of January 23, 2023 Councilor Blonna requested that the motion on page 4 to be amended to read "MOTION by Councilor Blonna, seconded by Councilor Rola, to Approve the Applicant's 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." Chair Folley requested that the conditions noted on page 4 to be amended as follows: "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 City of Marco Island Florida Page 1 City Council Meeting Minutes - Final February 6, 2023 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 Councilor Brechnitz, seconded by Councilor Blonna, that the Minutes of January 23, 2023, 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 7. Approval of Consent Agenda MOTION by Councilor Blonna, seconded by Vice-Chair Grifoni, that the Consent 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 23-2742 Resolution Appointing Carleton C. Ealy as a Trustee on the Police Officers’ Pension Plan Board and on the Firefighters’ Pension Plan Board - Michael J. Sheffield, City Clerk b.. ID 23-2731 Authorize the City Manager to issue Two Purchase Orders to One Source Construction, Inc., for the Replacement of Storm Pipe at 1423 Delbrook Way in the amount of $101,838.00 and the Repair of Storm Pipe at 1265 Jamaica Road in the amount of $119,132.90, using the City’s Public Infrastructure Construction Services under the current Contract No. 2021-006 - Storm Gewirtz, Storm Water Engineer, Public Works c. ID 22-2663 Award of Contract 2023-002 to Jacobs Engineering Group Inc. for the Design of the Source Water Facility Mitigation Project (FEMA Grant) in the Amount of $137,780 - Jeffrey E. Poteet, General Manager Water & Sewer 8. Proclamations and Presentations ID 23-2733 Presentation by the US Army Corps of Engineers on the Re-initiation of the Collier County Coastal Storm Risk Management Study - Abbegail Preddy, USACE Abbegail Preddy with the US Army Corps of Engineers presented to the City Council via-Zoom. She provided an overview of plans to re-initiate the Collier County Coastal Storm Risk Management Study using updated information and lessons learned from the previous study. Ms. Preddy also responded to concerns expressed by several councilors that the proposed re-instated plan does not take Marco Island into consideration. Councilor Brechnitz requested that City Manager assign a senior staff member to attend the weekly project coordination meetings and to report back to the City Council. 9. Citizens' Comments on Agenda Items Not Scheduled for Public Hearing and Items Other Than Those Appearing on the Agenda City of Marco Island Florida Page 2 City Council Meeting Minutes - Final February 6, 2023 Mr. Bill Bailey (Lamplighter Drive) explained that his boat dock was damaged during Hurricane Ian and requested that City Council waive the variance fee for its rebuild. Ms. Christine Dowell (Biscayne Way) expressed her concern regarding the City Attorney's statement at the last meeting, that the Land Development Code trumps the Comprehensive Plan. She added that she was unable to find any record as to whether the ATV vehicle that recently hit and killed five Black Skimmers at the Marriott beach was properly registered. She concluded with questions regarding the trees planted on West Elkcam Circle, and requested an update on 10,000 Tree in 10 Years initiative. Mr. Sam Brown (Collier Court) showed pictures of broken electric and cable covers on lawns throughout Marco Island and asked if the City could assist with ensuring that the appropriate utility companies repair the covers. Mr. Deb Henry (Tulip Court) suggested the City purchase a commercial building on the corner of Bald Eagle Drive and Collier Boulevard and convert it for Police and Fire employee housing. Mr. David Rasmussen (Caxambas Court) spoke about caps on City roads that he believed to be a safety hazard. He also asked the City Council to schedule another water quality workshop. 10. Quasi-Judicial Public Hearing Meeting went into Recess Meeting reconvened ID 23-2743 City Attorney Alan Gabriel swore-in all parties who indicated an intention to provide witness or testimony, and Council members conveyed a verbal ex parte disclosure related to this variance request. Mary Holden, Planning Manager, reviewed the proposed variance and answered City Council questions. MOTION by Vice-Chair Grifoni, seconded by Councilor Brechnitz, that the Variance Request for a Twelve and One-Half Foot (12.5’) Front Yard Setback Variance (25’ Required by Code) Resulting in a Twelve and One-Half (12.5’) Foot Front Yard Setback for the Proposed Collection and Distribution Building Located at 807 East Elkcam Circle, Marco Island, FL 34145, 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 11. Ordinances A. Public Hearings None. B. First Readings None. 12. Resolutions & City Council Items City of Marco Island Florida Page 3 City Council Meeting Minutes - Final February 6, 2023 a. ID 23-2737 Resolution in Support of the Collier County Foundation as a Central Agent for the Receipt and Distribution of Financial Donations during Times of Local Crisis or Disaster - Michael J. Sheffield, City Clerk Eileen Connoly-Keesler, President and CEO of the Collier Community Foundation, and Dan Summers, the Director of Emergency Services at Collier County made a presentation on this subject and explained that having one central donation point, Collier Community Foundation, would minimize the risk of fraud during the emergencies. Ms. Connoly-Keesler also updated the City Council on the Foundation's activities. MOTION by Councilor Brechnitz, seconded by Councilor Blonna, that the Resolution in Support of the Collier County Foundation as a Central Agent for the Receipt and Distribution of Financial Donations during Times of Local Crisis or Disaster, 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 b. ID 23-2734 Vacation Rental Registration Implementation Update - Jim Kornas, Vacation Rental Supervisor Jim Kornas, Vacation Rental Supervisor, updated City Council on the vacation rental registration program implementation. Additionally, he requested the clarification of "Transient Public Lodging Establishments" definition, in particular its application to rentals of more than 30 days. After discussion, City Council formed a consensus that the rental registration Ordinance does not apply to rentals of more than 30 days, and directed City staff to interpret the definition that way. Additionally, Council held a discussion regarding one of the guiding principles or the Ordinance - that no tax dollars should be used to fund the program. Councilor Grifoni questioned whether that is taking place and Councilor Brechnitz requested detailed accounting of this program. Public comment: Ms. Christine Dowell (Biscayne Way) pointed out that City's estimate of 800 short-term rentals is much different from her last year estimate of 2000. She also elaborated on her understanding of the definition of short term rental. Mr. Howard Reed (Bald Eagle Dr.) reminded City Council that short-term rentals is the main reason he got involved in the City politics. He also provided a clarification of the term short term rental. Mr. Martin Winter (Perrine Ct.) expressed his opinion that the Ordinance is full of flaws and that a lot of tax dollars have been spent on this already. 13. Items Removed from the Consent Agenda None. 14. Council Communications & Future Agenda ID 22-2567 Future Agenda Items No new items were requested to be placed on the future agenda. City of Marco Island Florida Page 4 City Council Meeting Minutes - Final February 6, 2023 15. Council Reports Councilor Blonna expressed his disappointment that the reuse water RFI (request for information) showed up on the Waterways Advisory Committee agenda after City Council voted it down. Vice-chair Grifoni reminded that when he was a City Council Chair he used to make presentations in front of newly appointed committee members and remind of the committee missions. There was a further discussion regarding committee budgets and how are they created. Councilor Brechnitz briefed that the Collier County Tourist Development Council approved additional funding to the one approved by the Coastal Advisory Committee for the Tigertail Lagoon/Sand Dollar Island dredging project. Additional funding was going to the Board of County Commissioners for a final approval on their next meeting. Vice-chair Grifoni requested Staff prepare an update on the workforce housing, especially in light of changes to the State Statute. Councilor Palumbo expressed his support for Chair Folley and Councilor Brechnitz in regards to as what was perceived as a threatening letter from the attorney representing new restaurant being built at Olde Marco. Councilor Brechnitz provided additional details. Councilor Irwin recommended other Councilors attend Florida League of Cities Institute for the Elected Officials, that she found to be very beneficial. She also clarified funding and permitting questions regarding trees planted along Elkcam Cir. Chair Folley congratulated President Ronald Reagan on his birthday. a. ID 23-2723 Proposed Changes to City Council Meeting Structure - Councilor Rich Blonna Councilor Blonna provided a brief overview of the suggestions outlined in his white paper.After a discussion, City Council reached a consensus to leave the process as is and to utilize the option to hold council workshops more frequently. b. ID 23-2724 Proposed Additions to City Council Meeting Protocols - Mike McNees, City Manager City Manager Michael McNees gave an overview of some ideas related to meeting protocols/rules of decorum. City Council had a discussion regarding various possible changes, challenges, and solutions. Public Comment: Mr. Howard Reed (Bald Eagle Dr.) prepared a brochure that could be disseminated to public speakers at the City Council that summarizes rules of procedure and what is expected. 16. City Manager's Report City Manager Michael McNees brought forward an idea that City should hire an urban planning consultant to develop a master plan for the Olde Marco area. After discussion, City Council directed the City Manager to come back with some interim solutions. The City Attorney cautioned that the suggestion to impose a temporary development moratorium that was brought up by Councilors Blonna and Rola would have legal challenges and was not viable. City of Marco Island Florida Page 5 City Council Meeting Minutes - Final February 6, 2023 Mr. McNees announced that there was going to be a tour of City's North Water treatment plan on February 15, 2023 and everyone was welcome to attend. City Manager ended his report by addressing misconception in the community that City government is guided by money and business interests. He stressed that City of Marco Island government always balances different interests - residents, tourists, businesses, etc. and that majority of staff time is spent addressing individual resident concerns. ID 23-2725 Hurricane Ian After Action Report, Mike McNees, City Manager City Manager McNees provided an overview of his After Action Report, which included steps to address those areas that were identified as in-need of improvement before the 2023 Hurricane Season. He also stated that he sought the feedback of employees via an after action employee survey. Councilor Grifoni requested that the survey results be shared with the entire City Council. 17. City Attorney's Report ID 23-2722 City Attorney’s Report City Attorney Alan Gabriel asked council members whether anyone had questions about his written report. Councilor Rola requested a clarification on items in his report - Yellowbird impact fees and lake management contract, as well as the status of one of the pending lawsuits. 18. Departmental Reports ID 22-2565 Monthly Departmental Reports No additional questions. 19. Citizens' Comments Mr. Martin Winter, a member of the Waterways Advisory Committee (WAC), provided clarification regarding the WAC's reasoning for placing a Request for Information (RFI) on a meeting agenda for the second time. He stated that the intent was not to undermine City Council's decision, but merely to get more information about the removal of phosphorus. He also made some comments regarding WAC budget. Mr. Dave Crain, Chair of the WAC, stated that the meeting agenda was prepared prior to City Council voting down the RFI. He added that WAC is preparing a new RFI for canal aeration. Mr. Crain also expressed his hope that Chair Folley will attend an upcoming WAC meeting to greet new member. 20. Adjournment There being no further business before the Council, Chair Folley adjourned the meeting at 9:36 P.M. _____________________________________________ Greg Folley, Council Chair ATTEST: City of Marco Island Florida Page 6 City Council Meeting Minutes - Final February 6, 2023 _____________________________________________ Michael J. Sheffield, City Clerk PREPARED BY: _____________________________________________ Lina Upham, Deputy City Clerk City of Marco Island Florida Page 7