City Council

City of Marco Island Florida 51 Bald Eagle Drive Marco Island, Florida cityofmarcoisland.com Meeting Minutes - Final-revised Monday, March 20, 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 Deputy City Clerk: Lina Upham City Council Meeting Minutes - Final-revised March 20, 2023 1. Call to Order Vice Chair Grifoni 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 Special Motion MOTION by Councilor Brechnitz, seconded by Councilor Palumbo, to allow Chairman Folley’s remote participation. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: Yes: 6- Councilor Blonna, Councilor Brechnitz, Vice-Chair Grifoni, Councilor Irwin, Councilor Palumbo and Councilor Rola Also Present Michael McNees, City Manager Casey Lucius, Assistant City Manager Michael Sheffield, City Clerk Alan L. Gabriel, City Attorney Richard Stoltenborg, Police Chief Chris Byrne, Fire Chief Daniel J. Smith, Community Affairs Director Lina Upham, Purchasing & Risk Manager & Deputy City Clerk Mary Holden, Planner Manager Justin Martin, Public Works Director Miguel Carballo, Fleet & Facilities Manager Jeff Poteet, Water & Sewer General Manager Jose Duran, Information Technology Director Martin Luna, Audio/Video Technician 3. Invocation - Reverend Gary Goodrich of Marco Presbyterian Church 4. Pledge of Allegiance Led by Vice Chair Grifoni. 5. Approval of the Agenda MOTION by Councilor Blonna, seconded by Councilor Rola, 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 22-2574 Approval of the City Council Meeting Minutes of March 6, 2023 MOTION by Councilor Brechnitz, seconded by Councilor Blonna, that the City Council Meeting Minutes of March 6, 2023, be Approved. MOTION CARRIED BY City of Marco Island Florida Page 1 City Council Meeting Minutes - Final-revised March 20, 2023 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 Councilor Blonna requested that item 7d (Recommendation that the Collier County Board of County Commissioners Re-appoint Councilor Erik Brechnitz to the Coastal Advisory Committee) be moved to the regular agenda. MOTION by Councilor Brechnitz, seconded by Councilor Irwin, 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 Consent Agenda passed all routine items listed below.] a. ID 23-2798 Authorize the City Manager to Issue a Purchase Order to One Source Construction, Inc., for the Replacement of Existing Storm Water Pipe at 824 Giralda Court in the amount of $85,568.00, using the City’s Public Infrastructure Construction Services Contract No. 2021-006 - Justin Martin, Director, Public Works b. ID 23-2804 Authorize the City Manager to Sign a Memorandum of Understanding (MOU) with the American Legion Post 404 Regarding Selling Pavers in Veterans Community Park for American Legion Fundraising - Mike McNees, City Manager c. ID 23-2805 Award of Contract to Master Pyro Display, LLC, for the 2023 4th of July Fireworks, in the amount of $75,000 - Lina Upham, Purchasing and Risk Manager 8. Proclamations and Presentations a. ID 23-2801 Proclamation - Recognizing the 40th Anniversary of the Calusa Garden Club City Council presented a Proclamation recognizing the 40th Anniversary of the Calusa Garden Club. b. ID 23-2809 Tigertail Lagoon/Sand Dollar Island Ecosystem Restoration Project Update - Justin Martin, Director, Public Works Public Works director Justin Martin introduced Linda Ryan, Chair, Hideaway Beach Tax District Board and Mohamed Dabees, Vice President, Humiston & Moore. Linda Ryan and Mohamed Dabees provided an update on the progress of the project, which includes the opening of the Marco River lagoon entrance, the deepening of the lagoon channel, and the connection between the northern and southern lagoon. The ecosystem rebuilding of the Sand Dollar Point berm continues. The project, which is expected to be completed in May 2023, has a total cost of roughly $4.2 million ($3.3 million funded by HB Tax District and .921M funded by County Tourist Taxes). City of Marco Island Florida Page 2 City Council Meeting Minutes - Final-revised March 20, 2023 9. 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 Robert Bowe discussed the congestion and traffic safety issues of parking at the entrance to Veteran’s Park and Joy circle. Ken Honecker asked that the City Council research his questions regarding the FEMA 2.0 discount. Linda Goslee stated she appreciated City Clerk Mike Sheffield’s competency and professionalism during the elections and city projects. Howard Reed discussed an upcoming March 24th mediation hearing under the Florida Land Use & Environment Dispute Act. Chris Dowell discussed the overflow of the Used Flag Deposit box at City Hall. 10. Quasi-Judicial Public Hearing ID 23-2782 Resolution - Boat Dock Extension Request (BD-22-000271) for an Additional 24-Foot Protrusion from the Allowed 30-foot Protrusion for a Total of 54-feet for the Property Located at 1143 Kerr Court, Marco Island, FL 34145 - Mary Holden, Planning Manager, Growth Management City Attorney Alan Gabriel swore-in all parties who indicated an intention to provide testimony, and Council members declared ex parte disclosure. Clerk Mike Sheffield read into the record by title only Resolution 23-13. Daniel Smith, Community Affairs Director spoke & presented an exhibit about the 24-foot protrusion. MOTION by Councilor Brechnitz, seconded by Councilor Blonna, that the Boat Dock Extension Request (BD-22-000271) for an Additional 24-Foot Protrusion from the Allowed 30-foot Protrusion for a Total of 54-feet for the Property Located at 1143 Kerr Court, 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 NA B. First Readings NA 12. Resolutions & City Council Items a. ID 23-2793 Options for Old Marco Parking City of Marco Island Florida Page 3 City Council Meeting Minutes - Final-revised March 20, 2023 In his presentation to Council, Public Works Director Justin Martin identified the primary reasons for the parking problems in Old Marco. Those reasons include insufficient parking to adequality serve commercial uses, some businesses operating with an unauthorized increase in seating capacity, and patrons parking in swales. Director Martin identified some long-term and short-term options for resolving the problems. Long-term solutions include the City’s enforcement of zoning certificate compliance, the use of residential parking permits, and development of an Old Marco master plan. Short-term solutions included banning parking in swales, use of a parking shuttle, and conversion of a nearby empty lot to public parking. Councilor Rola summarized the solutions that he had identified in this White Paper for immediate parking and traffic relief. Councilor Rola expressed the need to establish a master database of commercial establishments. Recess from 7:39-7:45pm Public Speakers Leslie Heil –The many cars parked in swales have damaged swales and sidewalks and created safety issues. Opposed to parking in the swales. David Heil – Council should focus on road design improvements in Old Marco in addition to the parking problems. A Master Plan will take too long to complete. Hayden Dublois – Conditions aren’t safe in Old Marco. Certain proposed solutions require implementation sooner rather than later. Howard Reed – Council should focus on allowing businesses to have enough parking spaces on their own property to accommodate their own customers. Bob Mulhere – Several existing commercial businesses were approved by the County several years ago before the County had developed a formal Site Development Plan process in place. Ellen Frey – Serious safety issues exist in Old Marco caused by the overcrowding of cars and people. Janet Watson - Council should direct staff to prepare a list of businesses with the number of parking spaces each is allowed. Raphael Curquejo – Conditions in Old Marco aren’t safe. The City should bring business owners together at a workshop to develop a plan to resolve the problem. Bill Flash – Council must prevent parking problems in the future by changing the code to permit restaurants enough parking spaces to accommodate their customers. After deliberations, there was consensus to direct staff to conduct an audit of Site Development Plans of the businesses in Old Marco. City Manager McNees informed Council that research involves searching through the record archives of both the County and the City, so staff would need enough time to complete the work. There was also enough support to direct staff to bring back more information about a potential Master Plan for Old Marco. Further, Councilors directed that an item be placed on a future agenda to consider banning parking in swales in Old Marco to everyone other than residents and their guests. (Editorial Note: Council did not take a formal vote for this agenda item). b. ID 23-2807 Options for the Conversion of Two (2) Existing Tennis Courts to Pickleball City of Marco Island Florida Page 4 City Council Meeting Minutes - Final-revised March 20, 2023 Courts at the Marco Island Racquet Center - Miguel Carballo, Manager, Fleet & Facilities Fleet & Facilities Manager Miguel Carballo presented three options for converting the two (2) existing tennis courts to Pickleball Courts. He recommended that Council approve Option 3 “Engineered Conversion.” There was no public comment. MOTION by Chair Folley, seconded by Councilor Grifoni, that the Options for the Conversion of Two (2) Existing Tennis Courts to Pickleball Courts at the Marco Island Racquet Center, be Approved. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: Yes: 4- Vice-Chair Grifoni, Councilor Irwin, Councilor Palumbo and Chair Folley No: 3- Councilor Blonna, Councilor Brechnitz and Councilor Rola 13. Items Removed from the Consent Agenda 7d. ID 23-2810 Recommendation that the Collier County Board of County Commissioners Re-appoint Councilor Erik Brechnitz to the Coastal Advisory Committee - Mike Sheffield, City Clerk Councilor Blonna expressed support for Councilor Brechnitz’ reappointment and expressed his hope that the City will receive additional TDC money to fund future dredging projects. MOTION by Councilor Irwin, seconded by Councilor Blonna, that the Recommendation that the Collier County Board of County Commissioners Re-appoint Councilor Erik Brechnitz to the Coast Advisory Committee, 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 ID 22-2575 Future Agenda Items Councilor Irwin asked for an update on the city newsletter. Mr. McNees stated it is being priced and will be shown in the Operating Budget. Councilor Irwin is concerned that the news has generalized SWFL’s Red Tide issues, and this has resulted in visitors cancelling their vacations to Marco Island. Councilor Blonna thanked the supporters of the United Band Shell. He was especially thankful to the Parks Foundation for obtaining the funding. He was very impressed with the acoustics, speakers, and crystal clarity of the events. Council Palumbo discussed an article showing Florida having one of the lowest tax burdens in the US and he stated that the future legacy depends on the council. He attended a boxing match held at the Band Shell where funds were raised for inner city children. He was impressed with the boxing match sportsmanship. Lastly, he went door knocking and visited the Hilton Hotel where he spoke to the General Manager and asked if they thought of building a parking garage in front of the hotel. Councilor Palumbo said that the Council shouldn’t be afraid to discuss all potential solutions to Marco’s parking problems, even those that may be unpopular, such as parking garages. Chair Folley reminded counsel of the upcoming April Code Review Workshop. He asked about the status City of Marco Island Florida Page 5 City Council Meeting Minutes - Final-revised March 20, 2023 of the Charter Review White Paper and Councilor Brechnitz stated that a more efficient way to review and amend the City Charter is to pick out a few key areas that Council thinks need amending, and then decide if those proposed amendments should go to voters. He further stated that he will have recommendations ready for Council’s review by May. Councilor Blonna agreed with Councilor Palumbo that discussions such as parking issues need to be discussed. He asked if there was a method to see where people came from such as Marco Island resident, Naples, etc. Councilor Brechnitz stated that Marco Island restaurants are very busy and doing well. The many off-island residents eating at Marco Island restaurants contribute to the parking problems. Vice Chair Grifoni stated that the reality is, we must honor the rights of Marco Island businesses. The high demand for services in the future will help to reduce the tax burden of residents. Vice Chair Grifoni recognized Parks & Recreation for their Boss concert and Band Shell support. He recognized Mr. Bowe’s concerns and asked that they be reviewed. He followed up on his request to obtain a timeline for when workforce housing will be placed on the future agenda. Vice Chair Grifoni asked for an extension for the meeting until 9:45pm. Chair Folley asked that Mr. McNees investigate Mr. Honecker’s questions about the FEMA 2.0 flood insurance discount. Councilor Rola had no comments. 15. Council Reports None. 16. City Manager's Report None. 17. City Attorney's Report ID 22-2577 City Attorney’s Report City Attorney Gabriel provided an update on the Marco Club FLUEDRA mediation. He received a notice from the attorney for the Marco Club requesting the mediation that is scheduled to be held on March 24 be rescheduled. Vice Chair Grifoni asked Mr. Gabriel if the traffic camera lawsuit that had been dismissed without prejudice has been refiled by the plaintiffs or if it has concluded. Mr. Gabriel stated that an amended complaint against the City has been refiled and is pending. Chief Frazzano is not named as a defendant in the refiled complaint. 18. Departmental Reports ID 22-2576 Monthly Departmental Reports Council Blonna thanked Dan Smith for his report and discussed working with the staff on learning how to review online Site Development Plans. Council Palumbo thanked City Clerk Mike Sheffield and discussed how invaluable he was during the City of Marco Island Florida Page 6 City Council Meeting Minutes - Final-revised March 20, 2023 election and onboarding. He wished him the best in his new position. 19. Citizens' Comments Bill Flash discussed his concern regarding the number of people coming onto the island. He requested that the city address island-wide onsite restaurant parking requirements. 20. Adjournment There being no further business before the Council, Vice Chair Grifoni adjourned the meeting at 9:41 P.M. ________________________ Jared Grifoni, Council Vice Chair ATTEST: ________________________ Lina Upham, Deputy City Clerk PREPARED BY: _________________________ Kelley Faulk, Recording Clerk City of Marco Island Florida Page 7