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City Council

Regular Meeting

Marco Island, FL · June 19, 2023

AgendaMinutes

Minutes

City of Marco Island Florida 51 Bald Eagle Drive Marco Island, Florida cityofmarcoisland.com Meeting Minutes - Final Monday, June 19, 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: Joan Taylor City Council Meeting Minutes - Final June 19, 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 Casey Lucius, Assistant City Manager Alan L. Gabriel, City Attorney Tracy Frazzano, Police Chief Chris Byrne, Fire Chief Guillermo Polanco, Finance Director Daniel J. Smith, Community Affairs Director Justin Martin, Public Works Director Jeff Poteet, Water & Sewer General Manager Leslie Sanford, Human Resource Manager Martin Luna, Audio/Video Technician Kelley Faulk, Recording Clerk 3. Invocation Offered by Father Timothy Navin of the San Marco Catholic Church. 4. Pledge of Allegiance Led by Chair Folley. 5. Approval of the Agenda MOTION by Vice Chair Grifoni, seconded by Councilor Blonna, that the Agenda 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 6. Approval of the Minutes ID 22-2596 Approval of the City Council Meeting Minutes of June 5, 2023 MOTION by Councilor Blonna, seconded by Councilor Brechnitz, that the Minutes 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 7. Approval of Consent Agenda Councilor Brechnitz requested that Agenda topic 7D (Recommendation to Approve an Updated Workers Compensation Policy) be removed from the Consent Agenda. This topic is now reflected in these Minutes under Agenda topic 13 (Items Removed From the Consent Agenda). City of Marco Island Florida Page 1 City Council Meeting Minutes - Final June 19, 2023 MOTION by Councilor Brechnitz, seconded by Councilor Blonna, that the Consent Agenda be Approved as Amended. MOTION CARRIED BY THE FOLLOWING 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 the Routine Items Listed Below] a. ID 23-2932 Resolution - Appointment to the Audit Advisory Committee - Casey Lucius, Ph.D., Assistant City Manager b. ID 23-2935 Resolution - Appointment of City of Marco Island City Clerk, Joan Taylor, to the Police Officers’ Pension Board - Casey Lucius, Ph.D., Assistant City Manager c. ID 23-2914 Authorize the City Manager to Issue a Purchase Order to One Source Construction for the Replacement of Existing 18” Stormwater Pipe at 1501 Galleon Avenue in the Amount of $109,009.39 using the Citywide Infrastructure Construction Services Contract 2021-006 - Justin Martin, P.E., Director, Public Works 8. Proclamations and Presentations ID 23-2925 Proclamation - Recognizing Camp Able on Marco Island Chair Folley presented the Proclamation for Camp Able Month. MICA Presentation Marco Island Civic Association (MICA) presentation was added to the Agenda. MICA and Residents' Beach presented the City with $2,500 for the July 4th Fireworks display. Chair Folley recognized 4th of July Firework donations from the Marriott and the Hilton. 9. Citizens' Comments on Agenda Items Not Scheduled for Public Hearing and Items Other Than Those Appearing on the Agenda Amy Magnus discussed Short-Term Rentals. Kassie-Annie Regis discussed the economic impact of rental regulations on tourism. Peter Rigas discussed leadership. Martin Winter discussed beach parking at Caxambas. 10. Quasi-Judicial Public Hearing None. 11. Ordinances None. City of Marco Island Florida Page 2 City Council Meeting Minutes - Final June 19, 2023 12. Resolutions & City Council Items a. ID 23-2919 Resolution - Budget Appropriation of Funds from the Water and Sewer Operating Reserve Fund to the Water and Sewer Operating Fund to Cover Unbudgeted Electric Rate Increases Implemented by Lee County Electric Cooperative (LCEC) in the Amount of $822,000 - Jeffrey E. Poteet, General Manager, Water & Sewer Department Assistant City Manager Casey Lucius read Resolution 23-24 into the record by title only. Water & Sewer Department General Manager Jeffrey Poteet discussed the Florida Power & Lights (FPL), Lee County Electric Cooperative (LCEC) rates, and the Marco Island's budget shortfall. Councilors agreed to invite LCEC to explain the rate increase. There was no public comment. MOTION by Councilor Brechnitz, seconded by Councilor Rola, that the Budget Appropriation of Funds from the Water and Sewer Operating Reserve Fund to the Water and Sewer Operating Fund to cover unbudgeted electric rate increases implemented by Lee County Electric Cooperative (LCEC) in the amount of $822,000, 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 b. ID 23-2936 Resolution - Authorizing the Issuance of Series 2023 Bonds in Exchange for and to Refund all or a Portion of the City’s Outstanding Revenue Bond, Series 2020 - Guillermo A. Polanco, CPA, Director, Finance Assistant City Manager Casey Lucius read Resolution 23-25 into the record by title only. Finance Director Guillermo Polanco discussed the option to convert 2020 bonds from taxable to tax-exempt. Councilor Brechnitz recognized Mr. Polanco for his work on the bond. Mr. Polanco thanked Finance Consultant Jay Glover and Bond Councilor Jane Draper. There was no public comment. MOTION by Councilor Brechnitz, seconded by Vice-Chair Grifoni, to authorize the issuance of Series 2023 Bonds in exchange for and to refund all or a portion of the City's outstanding Revenue Bond, Series 2020, 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 c. ID 23-2937 Presentation - Update of the City’s Water Quality Improvement Actions - Justin Martin, P.E., Director, Public Works Public Works Director Justin Martin discussed the City Water Quality Actions which included topics such as the Request for Information (RFI) to improve water quality and/or increase dissolved oxygen in the Marco Island waterways (canals); Alternate Water Quality Plan (category 4e) submittal to Florida City of Marco Island Florida Page 3 City Council Meeting Minutes - Final June 19, 2023 Department of Environment Protection (FDEP); Legislative Appropriations (Grants); Fertilizer Ordinance Registration deadline, the Impaired Water List, and updates to the slides. Councilors agreed to have the Rapid Infiltration Basin (RIBS) property pilot move forward. Councilor Irwin requested that the cleaning technology be included in the RFI. Councilors had consensus to include other technologies in the RFI. City Manager Michael McNees stated that the 4e FDEP was just initiated and the FDEP will help determine measurements of success. Waterways Committee Chair David Crain discussed the nutrient and phosphorus trends and standards, environmental impacts, aeration, title flushing, sweeper, and evaluating results. Councilors and Mr. McNees thanked Mr. Martin and his staff for their work. There was no public comment. d. ID 23-2938 Procurement of an Attorney for a Second Opinion on the City’s Ordinance 22-08 Transient Rental Registration, Greg Folley, City Council Chairman Chair Folley discussed his research and his recommendation of Mr. Pritt, as a second opinion. A discussion ensued among the Councilors. Public Comment: Peter Rigas expressed his thoughts on the second opinion and does not support the recommendation. Hayden Dublois supported the recommendation. Martin Winter would appreciate more candidate options. MOTION by Councilor Brechnitz, seconded by Councilor Blonna, that the procurement of an attorney for a second opinion on the City's Ordinance 22-08 Transient Rental Registration, be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 4- Councilor Blonna, Councilor Brechnitz, Councilor Rola and Chair Folley No: 3- Vice-Chair Grifoni, Councilor Irwin and Councilor Palumbo Recess (THE MEETING WENT INTO RECESS AT 7:38 P.M. AND ALL COUNCILORS WERE PRESENT WHEN THE MEETING RECONVENED AT 7:47 P.M.) 13. Items Removed from the Consent Agenda 7d. ID 23-2934 Recommendation to Approve an Updated Workers Compensation Policy - Casey Lucius, Ph.D., Assistant City Manager Assistant City Manager Casey Lucius discussed updating the Workers Compensation Policy. She City of Marco Island Florida Page 4 City Council Meeting Minutes - Final June 19, 2023 compared the differences between the bargaining unit policy and the general employee's policy. She requested that the general employee policy be changed to include up to 40 hours of paid time off for an on-the-job injury. There was no public comment. MOTION by Councilor Irwin, seconded by Councilor Palumbo, to update the Workers Compensation policy, 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 14. Council Communications & Future Agenda ID 22-2597 Future Agenda Items Councilor Blonna spoke with Marco resident Charlette Roman of the South Florida Water Management District. Charlette Roman has agreed to speak in April/May 2024. Councilor Blonna discussed his concerns over the inappropriate comments toward the Council members. Councilor Irwin obtained consensus for staff to review additional beach access. Councilor Palumbo thanked MICA, Marriott, and the Hilton for their fireworks donation. He agreed with Councilor Blonna's comments regarding the inappropriate comments and the need for professionalism. Councilor Palumbo requested that Council members raise their hands to ensure that a consensus is achieved. Vice-Chair Grifoni discussed the Short-Term Rental legal-stay, the second legal recommendation, and the need to resolve these issues. He supports having the City Attorney and City Manager create a legal sufficient ordinance. Councilor Irwin, Councilor Brechnitz, Chair Folley, Councilor Palumbo agreed with the recommendation. Councilor Rola and Councilor Blonna disagreed with the proposal. Consensus was achieved. City Attorney Alan Gabriel stated he could work with staff on a legally sufficient draft ordinance. Councilor Rola asked for clarification and an update on the 10,000 Trees Program and pilot program. 15. Council Reports ID 23-2887 New Advisory Committee Template and Resolutions - Councilor Rich Blonna Councilor Blonna presented his White Paper on the Advisory Committee's standardization. He discussed his five areas of concern, a course of action, feedback, and a standardized template. His presentation requested three motions: 1) Standardize the Advisory Committee Resolution Template, 2) Create a new Bike Path Advisory Committee (this motion was withdrawn after a discussion), 3) Grant permission to meet with the Individual Advisory Committees and their City Liaisons. Councilor Blonna thanked Chair Lindsay Boehner, David Rasmussen, and Linda Ryan with the Beach & Coastal Resources Advisory Committee; Chair David Leaser and Julie McDonald with the Beautification Advisory Committee; Michael Welty of the Waterways Committee; and Chair Allyson Richards and Lisa Hogan with the Parks & Recreation Committee. Councilors agreed for Committee standardization. Council agreed that Councilor Blonna would work with City of Marco Island Florida Page 5 City Council Meeting Minutes - Final June 19, 2023 the City Clerk. Chair Folley recommended piloting with one Committee. Public Comment: Peter Rigas commended Councilor Blonna's work. Some of his comments included prioritizing goals and managing private funding. Martin Winter agreed with Councilor Blonna's work. Some of his comments including recognizing volunteer's capacity and empowerment. 16. City Manager's Report Mr. McNees discussed his perspective on having a consensus from City Council members for directing staff resources.. 17. City Attorney's Report ID 22-2598 City Attorney’s Report There were no comments on the City Attorney's reports. 18. Departmental Reports ID 22-2599 Monthly Departmental Reports There were no comments on the Monthly Department Reports. 19. Citizens' Comments Christine Dowell discussed people's perspective of the national economy. She discussed her concerns that Short-Term Rentals are not obtaining permits and safety inspections. 20. Adjournment There being no further business before the Council, Chairman Folley adjourned the meeting at 9:20 p.m. ________________________ Greg Folley, Council Chair ATTEST: ________________________ Joan Taylor, City Clerk PREPARED BY: _________________________ Kelley Faulk, Recording Clerk City of Marco Island Florida Page 6

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: Joan Taylor Monday, June 19, 2023 5:30 PM Community Meeting Room 1. Call to Order 2. Roll Call 3. Invocation - Father Timothy Navin of the San Marco Catholic Church 4. Pledge of Allegiance 5. Approval of the Agenda 6. Approval of the Minutes ID 22-2596 Approval of the City Council Meeting Minutes of June 5, 2023 Attachments: City Council Meeting Minutes of June 5, 2023 7. Approval of Consent Agenda (5:40 - 5:50 p.m.) [Approval of Consent Agenda passes all routine items listed below.] a. ID 23-2932 Resolution - Appointment to the Audit Advisory Committee - Casey Lucius, Ph.D., Assistant City Manager Attachments: Resolution 23-22 Eugene Siegel Resume b. ID 23-2935 Resolution - Appointment of City of Marco Island City Clerk, Joan Taylor, to the Police Officers’ Pension Board - Casey Lucius, Ph.D., Assistant City Manager City of Marco Island Florida Page 1 Printed on 6/13/2023 City Council Meeting Agenda - Final June 19, 2023 Attachments: Resolution 23-23 c.. ID 23-2914 Authorize the City Manager to Issue a Purchase Order to One Source Construction for the Replacement of Existing 18” Stormwater Pipe at 1501 Galleon Avenue in the Amount of $109,009.39 using the Citywide Infrastructure Construction Services Contract 2021-006 - Justin Martin, P.E., Director, Public Works Attachments: One Source Construction Proposal #23003 d. ID 23-2934 Recommendation to Approve an Updated Workers Compensation Policy - Casey Lucius, Ph.D., Assistant City Manager Attachments: Workers Comp Policy Update 8. Proclamations and Presentations (5:50 - 6:00 p.m.) ID 23-2925 Proclamation - Recognizing Camp Able on Marco Island Attachments: Proclamation 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 (6:00 - 6:30 p.m.) [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 - None. 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.) 11. Ordinances - None. A. Public Hearings - None. B. First Readings - None. 12. Resolutions & City Council Items (6:30 - 7:55 p.m.) City of Marco Island Florida Page 2 Printed on 6/13/2023 City Council Meeting Agenda - Final June 19, 2023 a. ID 23-2919 Resolution - Budget Appropriation of Funds from the Water and Sewer Operating Reserve Fund to the Water and Sewer Operating Fund to Cover Unbudgeted Electric Rate Increases Implemented by Lee County Electric Cooperative (LCEC) in the Amount of $822,000 - Jeffrey E. Poteet, General Manager, Water & Sewer Department (6:30 - 6:40 p.m.) Attachments: Resolution 23-24 b. ID 23-2936 Resolution - Authorizing the Issuance of Series 2023 Bonds in Exchange for and to Refund all or a Portion of the City’s Outstanding Revenue Bond, Series 2020 - Guillermo A. Polanco, CPA, Director, Finance (6:40 - 6:50 p.m.) Attachments: Resolution 23-25 Preliminary Numbers Revenue Bond Series 2023 c. ID 23-2937 Presentation - Update of the City’s Water Quality Improvement Actions - Justin Martin, P.E., Director, Public Works (6:50 - 7:10 p.m.) d. ID 23-2938 Procurement of an Attorney for a Second Opinion on the City’s Ordinance 22-08 Transient Rental Registration, Greg Folley, City Council Chairman (7:10 - 7:55 p.m.) Attachments: Pritt Contractor Agreement (Proposed 6-7-23) Pritt Biography 2023 13. Items Removed from the Consent Agenda (7:55 - 8:00 p.m.) 14. Council Communications & Future Agenda (8:00 - 8:10 p.m.) ID 22-2597 Future Agenda Items Attachments: Future Agenda 7-24-23 15. Council Reports (8:10 - 8:55 p.m.) ID 23-2887 New Advisory Committee Template and Resolutions - Councilor Rich Blonna Attachments: Advisory Committees Update Presentation 16. City Manager's Report (8:55 - 9:00 p.m.) 17. City Attorney's Report (9:00 - 9:05 p.m.) ID 22-2598 City Attorney’s Report Attachments: City Attorney 18. Departmental Reports (9:05 - 9:15 p.m.) City of Marco Island Florida Page 3 Printed on 6/13/2023 City Council Meeting Agenda - Final June 19, 2023 ID 22-2599 Monthly Departmental Reports Attachments: Finance Internal services Community Affairs Fire-Rescue 19. Citizens' Comments (9:15 - 9:30 p.m.) [4 minutes per individual – Each individual has one opportunity to speak.] 20. Adjournment 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 jtaylor@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 4 Printed on 6/13/2023

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