City Council

City of Marco Island Florida 51 Bald Eagle Drive Marco Island, Florida cityofmarcoisland.com Meeting Minutes - Final Monday, April 10, 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 April 10, 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 Special Motion MOTION by Vice-Chair Grifoni, seconded by Councilor Irwin, to allow Councilor Brechnitz remote participation. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: Yes: 6- Councilor Blonna, Vice-Chair Grifoni, Councilor Irwin, Councilor Palumbo, Councilor Rola and Chair Folley Also Present Michael McNees, City Manager Casey Lucius, Assistant City Manager Alan L. Gabriel, City Attorney Kelley Faulk, Recording Clerk Chris Byrne, Fire Chief Tracy Frazzano, Police Chief Daniel J. Smith, Community Affairs Director Mary Holden, Planner Manager Kathryn Grigsby, Environmental Planner Lina Upham, Purchasing & Risk Manager & Deputy City Clerk Jeff Poteet, Water & Sewer General Manager Jose Duran, Information Technology Director Martin Luna, Audio/Video Technician 3. Invocation - Father Timothy Navin of the San Marco Catholic Church 4. Pledge of Allegiance 5. Approval of the Agenda MOTION by Councilor Blonna, seconded by Councilor Palumbo, 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 22-2578 Approval of the City Council Meeting Minutes of March 20, 2023 Councilor Blonna requested that Item #18 be corrected to show he thanked Dan Smith vice Chief Byrne. MOTION by Councilor Blonna, seconded by Councilor Rola, that the City Meeting Minutes of March 20, 2023, be Approved as Amended. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: City of Marco Island Florida Page 1 City Council Meeting Minutes - Final April 10, 2023 Yes: 7- Councilor Blonna, Councilor Brechnitz, Vice-Chair Grifoni, Councilor Irwin, Councilor Palumbo, Councilor Rola and Chair Folley 7. Approval of Consent Agenda [Approval of Consent Agenda passed all routine items listed below.] MOTION by Councilor Irwin, seconded by Councilor Rola, 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 a. ID 23-2818 Authorize the City Manager to Issue a Purchase Order to One Source Construction, Inc., for the Replacement of Existing Storm Water Pipe at 252 Edgewater Court in the amount of $83,600, using the City’s Public Infrastructure Construction Services Contract 2021-0006 - Justin Martin, P.E., Director, Public Works b. ID 23-2828 Authorize the City Manager to Issue a Purchase Order to Manhattan Road and Bridge Company to Replace a Structural Tension Tendon on the Concrete Support Slabs of the West Winterberry Bridge in the Amount of $59,000 - Justin Martin, P.E., Director, Public Works 8. Proclamations and Presentations a. ID 22-2655 Employee Service Awards: Barton Bradshaw - 30 Years Isaac Mendez - 5 Years Rogelio Carmona Silva - 5 Years Nicholas Varro - 10 Years Nicholas Varro was unable to attend. b. ID 23-2830 Presentation - Growth Management Landscape and Fertilizer Registration and Code Enforcement Update - Kathryn Grigsby-Budet, Environmental Planner - Ira Warder, Community Service Officer Kathryn Grigsby Budet, Environmental Planner and Ira Warder, Community Service Officer presented on the Growth Management Landscape and Fertilizer Registration and Code Enforcement project. They reviewed the process, created a database of all landscapers, developed a registration process brochure in both English and Spanish, and provided the GIBMP Green Industry Best Management Practices. c. ID 22-2652 Employee of the Quarter Kathryn Grigsby Budet, Environmental Planner and Ira Warder, Community Service Officer were presented with the Employee of the Quarter Award for the First Quarter of 2023. City Manager Mike McNees stated that the Fourth Quarter of 2022 Award will be delivered at the next meeting. City of Marco Island Florida Page 2 City Council Meeting Minutes - Final April 10, 2023 d. ID 23-2825 Presentation - Donation for the Mackle Park Bocce Ball Court - Councilor Darrin Palumbo Councilor Palumbo recognized Luigi Carvelli with “The Carvelli Restaurant Group” and John Martini with the Marco Island Bocce League for their donations to the City Bocce courts at Mackle Park. Mr. Martini requested that the Council consider naming it the "The Carvelli Family Bocce Center." e. ID 23-2826 Presentation - 2023 Marco in Bloom Awards - Beautification Advisory Committee Julie McDonald and David Leaser of the Beautification Committee presented the 2023 Marco in Bloom awards. f. ID 23-2808 Presentation - Beautification Advisory Committee Update David Leaser, Chair of the Beautification Advisory Committee, presented additional photos of the Marco in Bloom winners. He recognized the donors who supported the Marco Island Tree Planting and discussed Marco Nature Night while thanking those supporters. He discussed the Ten Thousand Trees Initiative, its’ program updates, and the new TenThousandTrees.org website. He mentioned Arbor Day and a potential beautification project at the Southeast corner of San Marco Boulevard and Bald Eagle, which the Council supported. 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 Joe Alger discussed the Florida Association of Realtors suing Marco Island over the Short-Term Vacation Rental ordinance. He stated he was concerned about a conflict of interest among the Councilors who are realtors. Chair Folley stated the conflict rules have been assessed and there is no conflict. Martin Winter showed a video and discussed concerns about how people are using the noise ordinances and regulations. Greg Smalley spoke about a “Zombie” home next to him that has been violating codes. George Wittmann discussed a “Zombie” house and requested that Councilors look at the Marco Island ordinances and discuss this topic with their attorney. Peter Rigas discussed the Rental Registration Program and its’ ordinances. Kassie-Ann Rigas mentioned two lawsuits against the City of Marco Island and then presented a video by Attorney David Di Pietro of Di Peitro Partners. Deb Henry discussed how to be good neighbors and suggested a Good Neighbor Program. Randy Egan requested that the wording on the Short-Term Vacation Rental ordinance be corrected and that a Q&A workshop be held for the Short-Term Vacation Rental ordinance. Dan High discussed the depth conditions of Big Marco and Capri Pass. Richard Nemmers appealed to the City Council to consider how to regulate golf cart usage. Rene Ford, a member of the Marco Island Noontime Rotary Club, discussed Earth Day 2023 and their partnership with the YMCA of Collier County for the 2nd Annual Island-Wide Clean-Up. She thanked City of Marco Island Florida Page 3 City Council Meeting Minutes - Final April 10, 2023 Councilor Irwin for her brainstorming sessions. 10. Quasi-Judicial Public Hearing None. 11. Ordinances A. Public Hearings None. B. First Readings None. 12. Resolutions & City Council Items a. ID 23-2817 Resolution - Boat Dock Extension Request (BD-22-000279) for the Shipps Landing Condominium Property Located at 1090 South Collier Boulevard, Marco Island, FL 34145 - Mary P. Holden, Planning Manager Deputy City Clerk Lina Upham read Resolution 23-14 into the record by title only. Mary Holden, Senior Planner presented the boat dock extension and changes. Nick Pearson of Terrell, Hall & Associates answered several Councilmember’s questions. No Public Comments. MOTION by Councilor Irwin, seconded by Vice-Chair Grifoni, that the Resolution – Boat Dock Extension Request (BD-22-000279) for the Shipps Landing Condominium Property Located at 1090 South Collier Boulevard, 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 b. ID 23-2827 Resolution - Authorize the City Manager to Execute a Contract with Metal Shark Boats for the Acquisition of a 38 Defiant NXT Fireboat and Authorize the Execution of a Capital Lease Agreement for an Amount not to Exceed $1,140,539.49 - Chris Byrne, Fire-Rescue Chief, Fire-Rescue Department Deputy City Clerk Lina Upham read Resolution 23-15 into the record by title only. Fire Chief Chris Byrne presented proposals and pricing for the Fireboat replacement. Mr. Byrne responded to Councilmembers’ questions regarding usage, budget timing, and pricing. Mr. McNees referenced that the conversations of the Fireboat go back two fiscal years, and pricing is going up. He stated his support for the replacement. Public Comment: Martin Winter discussed his support for the new Fireboat. City of Marco Island Florida Page 4 City Council Meeting Minutes - Final April 10, 2023 Kassie-Ann Rigas discussed her support for the new Fireboat. MOTION by Councilor Irwin, seconded by Vice-Chair Grifoni, that the Resolution Authorize the City Manager to Execute a Contract with Metal Shark Boats for the Acquisition of a 38 Defiant NXT Fireboat and Authorize the Execution of a Capital Lease Agreement for an Amount not to Exceed $1,140,539.49, be Approved. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: Yes: 5- Councilor Blonna, Vice-Chair Grifoni, Councilor Irwin, Councilor Palumbo and Chair Folley No: 2- Councilor Brechnitz and Councilor Rola c. ID 23-2836 Temporary Irrigation Water Restrictions - Jeffrey E. Poteet, General Manager, Water and Sewer Jeffrey Poteet discussed water concerns, revenues, and needed temporary water restrictions. No Public Comment. MOTION by Councilor Irwin, seconded by Councilor Palumbo, that the Temporary Irrigation Water Restrictions, be Approved. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: Yes: 6- Councilor Blonna, Councilor Brechnitz, Councilor Irwin, Councilor Palumbo, Councilor Rola and Chair Folley No: 1- Vice-Chair Grifoni Recess (THE MEETING WENT INTO RECESS AT 8:25 P.M. IT IS NOTED FOR THE RECORD THAT ALL COUNCILORS WERE PRESENT WHEN THE MEETING RECONVENED AT 8:32 P.M.) 13. Items Removed from the Consent Agenda None. 14. Council Communications & Future Agenda ID 22-2579 Future Agenda Items Vice-Chair Grifoni commented on Councilor Palumbo’s efforts and the generosity of the Carvelli Restaurant Group for the Bocce courts. He discussed noise ordinances, his concerns about false complaints, and asked for a report on false complaints. He discussed his position regarding businesses and anyone working in the local economy having the ability to speak on topics that have a direct and indirect economic impact. He added these individuals must live under the regulations and decisions they place on other people. Chair Folley added that voters knew what the elected officials stood for on issues and what their role was in the economy. Vice-Chair Grifoni mentioned that short-term rentals directly and indirectly impact the island economically through taxes, revenues, and other ways. He requested a Shade meeting to understand the potential lawsuits on the Short-Term Vacation Rental program. City Attorney, Alan Gabriel stated it would be preferable to wait for a Shade meeting once the City is served with the most recent lawsuit and he discussed the steps for a Shade meeting. Councilor Blonna asked if the audit on the parking plans for the Old Marco businesses would come out of City of Marco Island Florida Page 5 City Council Meeting Minutes - Final April 10, 2023 the development of the Master Plan. Community Affairs Director, Dan Smith, stated these topics were two different items and he would be speaking about them next month. Councilor Blonna asked Vice Chair Grifoni about a previous motion regarding banning parking in swales except for owners and guests. Vice Chair Grifoni stated they decided it was inappropriate without backup information, including Dan Smith’s inventory, and reaching out to the affected parties. Councilor Blonna mentioned his appreciation for their ability to share ideas and experiences, for being such a diverse group and how he especially appreciated Vice-Chair Grifoni’s guidance at the last meeting regarding procedural matters. Councilor Palumbo noted he appreciates that the past Councilors still show an interest in the community and continue to share their experiences. At the request of David Wood, Councilor Palumbo accepted Mr. Wood’s request for a Facebook Marco Island Life post to be read into public record. He commented on the Coast Breeze article titled “Anti-STR Registration Group Meets in Closed Session”. He listed the top 10 areas to move out of and top 10 cities to move to. Councilor Palumbo discussed SB 714. City Attorney, Alan Gabriel stated there are two bills pending in the Florida Legislature. Councilor Palumbo discussed the need for green space. He asked about potential fiber optic boxes being placed in swales, per an online post, and asked staff to investigate it. Councilor Irwin asked if there were certain exclusions for the temporary water restrictions. Mr. Poteet responded that there are exclusions listed in the chart. She thanked the Police Department and Code Enforcement for assisting in the Sunrise Easter Service. She discussed the decrease in crime, parking complaints, traffic citation, noise complaints and more per the police report. She discussed the need for a walkable beach access north of San Marco Road. Councilor Brechnitz discussed that a major item was removed from the Planning Board which impacted many Planning Board members for their Easter holiday. He asked Mr. Smith if he had spoken to MICA about the project and if they would be enforcing their setback restrictions. Mr. Smith stated the application mentions that any building perimeter application requires a meeting with MICA. Chair Folley asked Chief Byrne to reconsider having the the Fire engine replacement on the next agenda. He asked Mr. Smith for confirmation that the Mackle Park parking lot issue listed on the May 8th agenda was regarding a request from the sailing club, which Mr. Smith confirmed. Chair Folley asked Mr. Gabriel to discuss options for Zombie houses at an upcoming meeting. Mr. Gabriel stated court actions could be filed seeking an injunction or inspection warrant by a judge. Mr. Gabriel will bring back recommendations and costs. Councilor Brechnitz stated that liens on Zombie homes do not change behavior and that we need to go to court to collect the fines. Mr. Gabriel stated they have been receiving payments due to the liens and litigation and will bring this information forward. Councilor Rola spoke about a memorandum from Justin Martin regarding MS4 violations of illicit discharge of grease into decorative stone. He recommended that the City Council direct the City Manager to have City Staff modify our codes regarding grease traps and grease paraphernalia to enforce correct operations. Chair Folley stated we should get more information. Councilor Rola mentioned the infrastructure maintenance, field activities, and its statement about inspecting heavy traffic at the Collier and Barfield intersection. He noticed that it did not state a solution to the traffic. Another activity stated in the Public Works report was the need to patch Collier Blvd in front of Stonewalls. Councilor Rola asked if Collier Blvd was to be repaved every 10 years. It was requested that Mr. McNees come back with the repaving schedule. MOTION was made (and passed) at 9:30 P.M. by Councilor Blonna, seconded by Vice Chair Grifoni, to extend the City Council Meeting for an additional 15 minutes. MOTION CARRIED BY THE FOLLOWING VOICE VOTE. City of Marco Island Florida Page 6 City Council Meeting Minutes - Final April 10, 2023 Yes: 7- Councilor Blonna, Councilor Brechnitz, Vice-Chair Grifoni, Councilor Irwin, Councilor Palumbo, Councilor Rola and Chair Folley 15. Council Reports ID 23-2816 Advisory Committee Update - Councilor Rich Blonna Councilor Blonna asked to move his White Paper to be placed at the top of the 24th agenda. Council agreed. At this point, the Chairman opened the floor to citizen comment under item 19 and motioned to extend the meeting an additional 5 minutes at 9:45 PM. Motion was made at 9:45 P.M. by Councilor Blonna, seconded by Councilor Rola, to extend the City Council Meeting for an additional 5 minutes. 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 Mr. McNees discussed that the MIPD staff procured a $17,000 grant from the Firehouse Subs Public Safety Foundation for the purchase of a Zodiac MyPro MK3 Rescue Rib boat. Mr. McNees spoke about the Short-Term Vacation Rental program and requested that people work together to address the issues. MOTION was made at 9:50 P.M. by Councilor Blonna, seconded by Councilor Irwin, to extend the City Council Meeting for an additional 5 minutes. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: MOTION by Councilor Blonna, seconded by Councilor Irwin, for the acquisition of the Zodiac MyPro MK3 Rescue Rib boat, 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 17. City Attorney's Report Mr. Gabriel stated his team will do whatever the Council wishes regarding the Short-Term Vacation Rental wording. 18. Departmental Reports ID 22-2580 Monthly Departmental Reports Vice-Chair Grifoni looks forward to seeing the city’s Humvee. He requested to receive more information about the website/program where the Humvee was obtained so they could review it for additional free or low-cost capital equipment. Councilor Palumbo recognized the City Staff for their great job using resources to bring community services and on the high-water vehicle from the Gary Sinise Foundation. 19. Citizens' Comments City of Marco Island Florida Page 7 City Council Meeting Minutes - Final April 10, 2023 Martin Winter requested that someone reach out to Mr. Eagan to fully answer his question. He spoke about the need for a city newsletter. Following citizen comment, the Chair moved to item 16. 20. Adjournment There being no further business before the Council, Chair Folley adjourned the meeting at 9:55 P.M. ________________________ Greg Folley, Council Chair ATTEST: ________________________ Lina Upham, Deputy City Clerk PREPARED BY: _________________________ Kelley Faulk, Recording Clerk City of Marco Island Florida Page 8