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City Council

Regular Meeting

Marco Island, FL · February 21, 2023

AgendaMinutes

Minutes

City of Marco Island Florida 51 Bald Eagle Drive Marco Island, Florida cityofmarcoisland.com Meeting Minutes - Final Tuesday, February 21, 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 21, 2023 1. Call to Order Chair Folley called the meeting to order at 5:30 pm. 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 Michael Sheffield, City Clerk Alan L. Gabriel, City Attorney Chris Byrne, Fire Chief Guillermo Polanco, Finance Director Daniel J. Smith, Community Affairs Director Mary Holden, Senior Planner Lina Upham, Purchasing & Risk Manager & Deputy City Clerk Justin Martin, Public Works Director Jose Duran, Information Technology Director Kelli DeFedericis, Flood Plain Coordinator Martin Luna, Audio/Video Technician Kelley Faulk, Recording Clerk Citizens and Visitors 3. Invocation Offered by Reverend Thomas McCulley of New Life Community Church. 4. Pledge of Allegiance Led by Chair Folley. 5. Approval of the Agenda MOTION by Vice-Chair Grifoni, seconded by Councilor Brechnitz, 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 22-2570 Approval of the City Council Meeting Minutes of February 6, 2023 MOTION by Councilor Blonna, seconded by Councilor Palumbo, that the City Council Meeting Minutes of February 6, 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 City of Marco Island Florida Page 1 City Council Meeting Minutes - Final February 21, 2023 Councilors Blonna and Rola requested that item 7e be moved to the regular agenda. Councilor Brechnitz requested item 7b be moved to the regular agenda. MOTION by Councilor Brenchnitz, seconded by Councilor Blonna, that the Consent 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 [Approval of the Consent Agenda Passed All Routine Items Listed Below.] a. ID 23-2744 Authorize the City Manager to Sign a Grant Agreement with the Federal Department of Emergency Management for $90,000 for the Development of a Watershed Master Plan - Kelli DeFedericis, Flood Plain Coordinator c. ID 23-2765 Award Contracts to 14 Firms for Coastal Engineering, Surveying Services, and Water Quality Related Engineering Services on an As-Needed Basis (RFQ 2023-009) - Justin Martin, Director, Public Works d. ID 23-2768 Resolution Appointing Thomas Kirstein as the Fifth Trustee on the Firefighters’ Pension Plan Board, as Chosen by the Plan’s Board of Trustees - Mike Sheffield, City Clerk 8. Proclamations and Presentations a. ID 23-2758 Proclamation - Flood Awareness Week - Kelli DeFedericis, CFM, Floodplain Coordinator Chair Folley presented a Proclamation for Flood Awareness Week (March 6 - 12, 2023) to Kelli DeFedericis, Flood Plain Coordinator. b. ID 23-2763 Presentation - Community Rating System Class Improvement - Kelli DeFedericis, CFM, Floodplain Coordinator Ms. DeFedericis presented on the City's improvement from Community Rating System (CRS) classification six (6) to five (5) five. Mr. McNees recognized her work. c. ID 23-2760 Presentation - Collier County Update of Caxambas Park - Olema Edwards, Collier County Parks and Recreation Director, and Dane Atkinson, Project Manager for Collier County Facilities Management Ms. Olema Edwards, Collier County Parks and Recreation Director, and Mr. Dane Atkinson, Project Manager for Collier County Facilities Management, provided updates on Caxambas Park's post Hurricane Ian repairs and reopening. City Council members asked questions regarding commercial uses, potential reopening dates, and launch area for kayaks. County staff assured City Council that no decisions will be made without their input. 9. Citizens' Comments on Agenda Items Not Scheduled for Public Hearing and Items Other Than Those Appearing on the Agenda Mr. Randy Egan (Bonita Ct.) spoke on the Short-Term Rental Ordinance and the time frame for repeat City of Marco Island Florida Page 2 City Council Meeting Minutes - Final February 21, 2023 violations. 10. Quasi-Judicial Public Hearing ID 23-2761 Appeal to City Council of Administrative Decision (APCC-22-000293) of the Marco Island Land Development Code Regarding an Official Interpretation - Daniel J. Smith, AICP, Director, Community Affairs MOTION by Councilor Palumbo, seconded by Councilor Irwin to grant the appeal upon the condition that any use on the property shall not include residential use. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 5- Councilor Brechnitz, Vice-Chair Grifoni, Councilor Irwin, Councilor Palumbo and Chair Folley No: 2- Councilor Blonna and Councilor Rola 11. Ordinances A. Public Hearings None. B. First Readings None. 12. Resolutions & City Council Items a. ID 23-2735 Approval of Interlocal Agreement Between Collier County and the City of Marco Island for Tourist Development Tax Funds for the Tigertail Lagoon/Sand Dollar Island Ecosystem Restoration Project for Fiscal Year 2022-2023 - Mike McNees, City Manager MOTION by Councilor Blonna, seconded by Vice-Chair Grifoni, that the Interlocal Agreement Between Collier County and the City of Marco Island for Tourist Development Tax Funds for the Tigertail Lagoon/Sand Dollar Island Ecosystem Restoration Project for Fiscal Year 2022-2023, 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 b. ID 23-2736 Approval of Change Order #2 to the Contract 2022-022 (2022 Tigertail Lagoon/Sand Dollar Island Ecosystem Restoration Project) in the Amount of $650,400 for Additional Sand Volume Necessary to Mitigate Hurricane Ian Damage (Fully Funded by the Collier County Tourist Development Council) - Justin Martin, Public Works Director MOTION by Councilor Blonna, seconded by Councilor Brechnitz, that Change Order #2 to the Contract 2022-022 (2022 Tigertail Lagoon/Sand Dollar Island Ecosystem Restoration Project) in the Amount of $650,400 for Additional Sand Volume Necessary to Mitigate Hurricane Ian Damage, be Approved. MOTION CARRIED BY THE FOLLOWING VOTE. City of Marco Island Florida Page 3 City Council Meeting Minutes - Final February 21, 2023 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 7e. ID 23-2772 Authorize the City Manager to Issue a Purchase Order to Manhattan Road and Bridge Company for the repair of the West Winterberry Bridge in the Amount of $100,000 - Justin Martin, P.E., Director, Public Works MOTION by Councilor Rola, seconded by Councilor Irwin, that the Purchase Order to Manhattan Road and Bridge Company for the emergency repair of the West Winterberry Bridge in the Amount of $100,000, 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 7b. ID 23-2764 Authorize the City Manager to Execute a One-Year Contract Renewal with Maudlin & Jenkins, LLC, to Perform the City's Annual Financial Audit for the Fiscal Year Ending on September 30, 2022 - Guillermo Polanco, Director, Finance Councilor Brechnitz stated that the best practice is to change auditors from time to time and urged City staff to resolicit this contract for the Fiscal Year 2024. MOTION by Councilor Brechnitz , seconded by Vice-Chair Grifoni, to Authorize the City Manager to Execute a One-Year Contract Renewal with Maudlin & Jenkins, LLC, to Perform the City's Annual Financial Audit for the Fiscal Year Ending on September 30, 2022, 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 Councilor Blonna discussed the "No Parking" signs in front of the YMCA swale. City Staff explained that those "No Parking" signs were a part of their conditional use approval. Councilor Irwin commended City staff for advertising request for Information (RFI) for methodology to Increase Oxygen in the City's canals. She also suggested that City consider producing periodic newsletters to the community. Vice-Chair Grifoni commended City staff on disseminating information regarding City's reuse water and supported City's overall enhanced communication efforts. Councilor Brechnitz appreciated the chance to review the Department Head Goals, however expressed his concern that none of those goals included any budgetary items. Councilor Palumbo agreed with Councilor Irwin's idea to enhance communications with the community. Councilor Rola stressed that the "No Parking" signs should be enforced. Chair Folley agreed with the idea of the enhanced communications through multi-means, such as newsletter, app, website, etc. He requested that the Sailing Club parking at Mackle Park be reviewed. He City of Marco Island Florida Page 4 City Council Meeting Minutes - Final February 21, 2023 also informed the Council that he was elected as the Metropolitan Planning Organization (MPO) Chairman for 2023. He gave an update on upcoming County and FDOT projects, including upcoming I75/Collier Blvd. interchange. ID 22-2593 Future Agenda Items 15. Council Reports None. 16. City Manager's Report Mr. McNees, announced that he will be joining Chief Frazzano and other Police Department representatives in the official presentation of Department's Accreditation from the State Commission on Law Enforcement and Accreditation. 17. City Attorney's Report ID 22-2569 City Attorney’s Report Mr. Gabriel, updated the Council on several pending legal matters and specifically mentioned FLUEDRA mediation that was scheduled for March 24, 2023. He also gave an update on City's code review status. 18. Departmental Reports ID 22-2568 Monthly Departmental Reports 19. Citizens' Comments No members of the public came forward to offer comments. 20. Adjournment There being no further business before the Council, Chair Folley adjourned the meeting at 8:31 P.M. ________________________ Greg Folley, Council Chair ATTEST: ________________________ Michael J. Sheffield, City Clerk PREPARED BY: _________________________ Kelley Faulk, Recording Clerk City of Marco Island Florida Page 5

Agenda

51 Bald Eagle Drive City of Marco Island Florida Marco Island, Florida cityofmarcoisland.com Meeting Agenda - Final 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 Tuesday, February 21, 2023 5:30 PM Community Meeting Room 1. Call to Order 2. Roll Call 3. Invocation 4. Pledge of Allegiance 5. Approval of the Agenda 6. Approval of the Minutes ID 22-2570 Approval of the City Council Meeting Minutes of February 6, 2023 Attachments: City Council Meeting Minutes of February 6, 2023 7. Approval of Consent Agenda [Approval of the Consent Agenda Passed All Routine Items Listed Below.] a. ID 23-2744 Authorize the City Manager to Sign a Grant Agreement with the Federal Department of Emergency Management for $90,000 for the Development of a Watershed Master Plan - Kelli DeFedericis, Flood Plain Coordinator City of Marco Island Florida Page 1 Printed on 3/28/2023 City Council Meeting Agenda - Final February 21, 2023 Attachments: FEMA Award Email Master Research Agreement Florida Atlantic University Grant Award Pages from Master Research Agreement Florida Atlantic University City Cost Breakdown City of Marco Island Budget and Budget Justification 2-6-23 7b. ID 23-2764 Authorize the City Manager to Execute a One-Year Contract Renewal with Maudlin & Jenkins, LLC, to Perform the City's Annual Financial Audit for the Fiscal Year Ending on September 30, 2022 - Guillermo Polanco, Director, Finance Attachments: Contract 19-010 Renewal - Expiration 9-30-23 c. ID 23-2765 Award Contracts to 14 Firms for Coastal Engineering, Surveying Services, and Water Quality Related Engineering Services on an As-Needed Basis (RFQ 2023-009) - Justin Martin, Director, Public Works Attachments: Sample Contract 2023-009 d. ID 23-2768 Resolution Appointing Thomas Kirstein as the Fifth Trustee on the Firefighters’ Pension Plan Board, as Chosen by the Plan’s Board of Trustees - Mike Sheffield, City Clerk Attachments: Resolution 23-09 Firefighters' Pension Plan Code of Ordinances 7e. ID 23-2772 Authorize the City Manager to Issue a Purchase Order to Manhattan Road and Bridge Company for the repair of the West Winterberry Bridge in the Amount of $100,000 - Justin Martin, P.E., Director, Public Works Attachments: Quote - Winterberry Drive Bridge Repair 8. Proclamations and Presentations a. ID 23-2758 Proclamation - Flood Awareness Week - Kelli DeFedericis, CFM, Floodplain Coordinator Attachments: Proclamation b. ID 23-2763 Presentation - Community Rating System Class Improvement - Kelli DeFedericis, CFM, Floodplain Coordinator Attachments: Community Rating System - City of Marco Island 2023 c. ID 23-2760 Presentation - Collier County Update of Caxambas Park - Olema Edwards, Collier County Parks and Recreation Director, and Dane Atkinson, Project Manager for Collier County Facilities Management Attachments: City of Marco Island City Council Presentation 2-21-23 City of Marco Island Florida Page 2 Printed on 3/28/2023 City Council Meeting Agenda - Final February 21, 2023 9. Citizens' Comments on Agenda Items Not Scheduled for Public Hearing and Items Other Than Those Appearing on the Agenda [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.] 10. Quasi-Judicial Public Hearing 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 23-2761 Appeal to City Council of Administrative Decision (APCC-22-000293) of the Marco Island Land Development Code Regarding an Official Interpretation - Daniel J. Smith, AICP, Director, Community Affairs City of Marco Island Florida Page 3 Printed on 3/28/2023 City Council Meeting Agenda - Final February 21, 2023 Attachments: OI-22-000155 Official Interpretation Letter Cover Letter Regarding Appeal Appeal to City Council Administrative Decision Application Appeal of O1-22-000155 Walker's Cay Luxury Resort & Marina List of Exhibits Exhibit 1 Ordinance 03-04 Exhibit 2 Future Land Use Map Exhibit 3 Policy 3.2.8 Exhibit 4 FS 509.242 Exhibit 5 FS 509-013 Exhibit 6 F.S. 718.103 DefinItions Exhibit 7 Ordinance 03-05 Exhibit 8 Ordinance 04-13 Exhibit 9 Zoning Map Exhibit 10 Sec.30.42. C-4 Permitted Uses Exhibit 11 SDP Approval Letter June 2005 Exhibit 12 SDP Approval Letter March 2011 Exhibit 13 LDC Sec. 30-679 Time Limits Exhibit 14 Pre-Application Meeting Request Exhibit 15 DS 220607 Request for Interpretation & Vested Rights Exhibit 16 Walker Cay Marina Interpretation Letter Exhibit 17 Sec. 30-4 Interpretations Exhibit 18 Sec 30-974 Appeals Exhibit 19 Emails Regarding Appeal Period Walker Cay Marina - Appeal Presentation 11. Ordinances A. Public Hearings B. First Readings 12. Resolutions & City Council Items a. ID 23-2735 Approval of Interlocal Agreement Between Collier County and the City of Marco Island for Tourist Development Tax Funds for the Tigertail Lagoon/Sand Dollar Island Ecosystem Restoration Project for Fiscal Year 2022-2023 - Mike McNees, City Manager Attachments: Interlocal Agreement b. ID 23-2736 Approval of Change Order #2 to the Contract 2022-022 (2022 Tigertail City of Marco Island Florida Page 4 Printed on 3/28/2023 City Council Meeting Agenda - Final February 21, 2023 Lagoon/Sand Dollar Island Ecosystem Restoration Project) in the Amount of $650,400 for Additional Sand Volume Necessary to Mitigate Hurricane Ian Damage (Fully Funded by the Collier County Tourist Development Council) - Justin Martin, Public Works Director Attachments: 2022-022 Change Order #2 13. Items Removed from the Consent Agenda 14. Council Communications & Future Agenda ID 22-2593 Future Agenda Items Attachments: Future Agenda 3-6-23 15. Council Reports 16. City Manager's Report 17. City Attorney's Report ID 22-2569 City Attorney’s Report Attachments: City Attorney's Report 18. Departmental Reports ID 22-2568 Monthly Departmental Reports Attachments: Finance Three Month Budget Status Report - FY2023 Internal Services Community Affairs Fire-Rescue 19. Citizens' Comments [4 minutes per individual – Each individual has one opportunity to speak.] 20. Adjournment City of Marco Island Florida Page 5 Printed on 3/28/2023 City Council Meeting Agenda - Final February 21, 2023 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 if you would like to receive any of the items on the agenda by email. Please contact the City Clerk @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 3/28/2023

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