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City Council

Regular Meeting

Marco Island, FL · August 7, 2023

AgendaMinutes

Minutes

City of Marco Island Florida 51 Bald Eagle Drive Marco Island, Florida cityofmarcoisland.com Meeting Minutes - Final Monday, August 7, 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 August 7, 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 Joan Taylor, City Clerk Alan L. Gabriel, City Attorney Tracy Frazzano, Police Chief Chris Byrne, Fire Chief Daniel J. Smith, Community Affairs Director Justin Martin, Public Works Director Jose Duran, Information Technology Director Angela Johenning, Purchasing & Risk Manager Samantha Malloy, Parks, Culture & Recreation Manager Martin Luna, Video/Broadcast Technician Jim Kornas, Recording Specialist Citizens and Visitors 3. Invocation Offered by Pastor Matthew White of the Wesley United Methodist Church. 4. Pledge of Allegiance Led by Chair Folley. 5. Approval of the Agenda MOTION by Councilor Brechnitz, seconded by Vice-Chair Grifoni, 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 a. ID 22-2623 Approval of the Operating Budget Workshop Minutes of July 24, 2023 MOTION by Councilor Blonna, seconded by Councilor Brechnitz, that the Operating Budget Workshop Minutes of July 24, 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 b. ID 22-2607 Approval of the City Council Meeting Minutes of July 24, 2023 City of Marco Island Florida Page 1 City Council Meeting Minutes - Final August 7, 2023 MOTION by Councilor Rola, seconded by Councilor Irwin, that the City Council Meeting Minutes of July 24, 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 MOTION by Vice-Chair Grifoni, seconded by Councilor Irwin, 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 the Routine Items Listed Below] a. ID 23-2970 Authorize the City Manager to Issue a Purchase Order to One Source Construction Inc. for Storm Sewer Outfall Pipe Replacement and Seawall Connection at 960 Maple Court, in the amount of $91,408.07, using the Citywide Infrastructure Construction Services Contract 2021006OSC - Justin Martin, P.E., Director, Public Works b. ID 23-2972 Authorize the City Manager to Issue a Purchase Order to One Source Construction Inc. for the Replacement of an Existing Storm Sewer Pipe from 493 Tallwood Street to 483 Tallwood Street, in the amount of $124,981.65, using the City Public Infrastructure Construction Services Contract 2021-006 - Just Martin, P.E., Director, Public Works c. ID 23-2983 Authorize the City Manager to Issue a Purchase Order to Hole Montes, Inc. in the amount of $70,890.00 for the Design, Permitting, Bidding, and Engineering Services During Construction for the Water Main Improvements in the North Marco Area - Jeffrey E. Poteet, General Manager, Water and Sewer d. ID 23-2981 Resolution - Approving Contracts that will Exceed or are Estimated to Exceed $50,000 - Angela Johenning, Purchasing & Risk Manager 8. Proclamations and Presentations a. ID 23-2987 Recognition of Service by the Marco Island Police and Fire Departments and the Collier County Sheriff’s Office in Response to an Incident that Occurred on Marco Island on June 19, 2023 - Police Chief Tracy Frazzano Chair Folley recognized and called forward the members of the Marco Island Police and Fire Rescue Departments, along with Collier County Sheriff Kevin Rambosk and the members of the Collier County Police and SWAT teams who worked together to successfully de-escalate and resolve a hostage/gunman situation without injury on Marco Island on June 19, 2023. Sheriff Rambosk and Police Chief Frazzano shared a few words of appreciation and thanks to the officers and first responders who participated in the effort. City of Marco Island Florida Page 2 City Council Meeting Minutes - Final August 7, 2023 Chair Folley continued with recognition and praise for Police Chief Tracy Frazzano's leadership and skill along with the support of her team in responding and diffusing the dangerous June 19th incident. All present offered a warm round of applause for the City and County's men and women who work to ensure the safety and well-being of the people of Marco Island and the greater Collier County community. b. ID 23-2985 Request for Right-of-Way Permit Fee Waiver - David Leaser, Beautification Advisory Committee Mr. David Leaser, Chair of the Marco Island Beautification Advisory Committee, brought forward a request to waive the City's standard right-of-way permit fee for the planting of nine citizen-donated trees under the Committee's Ten Thousand Trees in Ten Years pilot program. MOTION by Councilor Palumbo, seconded by Councilor Irwin, that the City's standard right-of-way permit fee be waived for the duration of the Pilot Phase of the Beautification Advisory Committee's Ten Thousand Trees in Ten Years Program, be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Councilor Brechnitz, Vice-Chair Grifoni, Councilor Irwin, Councilor Palumbo, Councilor Rola and Chair Folley No: 1- Councilor Blonna c. ID 23-2980 Parks and Recreation Advisory Committee Presentation - Committee Chair Allyson Richards & Committee Member Dr. Carlos Portu Current Parks & Recreation Advisory Committee Chair Allyson Richards, and Past Committee Chair Dr. Carlos Portu, reviewed the recent successes and current status of recreational and community-enhancing projects championed by the Parks & Recreation Advisory Committee. They also requested Council endorsement and support for the Committee's plan to allocate $5,000.00 from its 2022 - 2023 Fiscal Year budget to commission a conceptual landscape design plan for a potential Owl Habitat Park on Leland Way near Mackle Park. Public Comment Ms. Brittany Piersma, Field Biologist for the Audubon of the Western Everglades, shared her organization's support for the project, and she provided data on the current nesting conditions for burrowing owls on the proposed Owl Habitat Park location. MOTION by Councilor Brechnitz, seconded by Vice-Chair Grifoni, that the Parks & Recreation Advisory Committee be authorized to apply $5,000.00 of its 2022 - 2023 Fiscal Year budget allocation to pursue a conceptual landscape design plan for a future proposed Owl Habitat Park near Mackle Park, 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 9. Citizens' Comments on Agenda Items Not Scheduled for Public Hearing and Items Other Than Those Appearing on the Agenda. Mr. Darin Spindler, President of the San Marco Residences Condominium Association, requested that the Council support his Association's intention to pursue a zoning variance and conditional use request to offer paid parking opportunities for beachgoers utilizing the City's public beach access point across from the San Marco Residences at 291 South Collier Boulevard. [Editorial Note: Ensuing Council discussion of this issue is summarized under Agenda Item #14: Council Communications & Future Agenda] City of Marco Island Florida Page 3 City Council Meeting Minutes - Final August 7, 2023 Ms. Deb Henry (Tulip Ct.), in addressing those present as well as those viewing the meeting remotely, encouraged all registered Marco Island voters to heed the recently announced requirement to re-register with the County at colliervotes.gov to obtain mail-in ballots for the primary and general elections in March, April, and November, 2024. 10. Quasi-Judicial Public Hearing None. 11. Ordinances None. 12. Resolutions & City Council Items a. ID 23-2977 Approve a One-Year Extension of Contract #2020-002 with Affordable Landscaping Services and Design, LLC for Landscape Maintenance Services in the amount of $1,103,882.03 Annually - Angela Johenning, Purchasing & Risk Manager City Purchasing & Risk Manager Angela Johenning briefly outlined the background regarding this one-year extension request, and she provided insight on the City's vendor selection process during the 2020 - 2021 Fiscal Year. No members of the public came forward to offer comment. MOTION by Councilor Irwin, seconded by Councilor Palumbo, that the City Manager be authorized to issue a one-year extension of Contract #2020-002 with Affordable Landscaping Services and Design, LLC for landscape maintenance services in the amount of $1,103,882.03 annually, 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 23-2971 Review of Offer to Sell the Rapid Infiltration Basin Property (RIBS) for $156,000.00 to CM Creek, LLC - Angela Johenning, Purchasing & Risk Manager City Purchasing & Risk Manager Angela Johenning presented the results of the City's July 3, 2023 Invitation to Bid on this previously-declared surplus property, and recommended that the Council decline the offer from the lone bidder to retain the property for future City use. Public Works Director Justin Martin provided support and addressed a number of questions from members of the Council regarding how this property might be utilized in the future. Attorneys representing the lone bidder (CM Creek LLC) provided insight on their client's perspective and intentions regarding the property. No members of the public came forward to offer comment. MOTION by Councilor Blonna, seconded by Councilor Brechnitz, that the review of, and decision on, the purchase offer for the Rapid Infiltration Basin (RIBS) property be Continued to the Council's September 18, 2023 meeting, and that the City Staff engage with the Florida Department of Environmental Protection (FDEP) in the interim to determine the feasibility, cost, and potential likelihood of City of Marco Island Florida Page 4 City Council Meeting Minutes - Final August 7, 2023 obtaining FDEP approval and permits to support the City's future potential uses for the property, 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 13. Items Removed from the Consent Agenda No items were removed from the Consent Agenda at this meeting. 14. Council Communications & Future Agenda Councilor Blonna requested that members of the Council provide City Clerk Joan Taylor their thoughts and desired goals for each of the City's Advisory Committees as soon as possible so that he and Ms. Taylor can proceed with the approach and structure for standardizing and directing the work of the Committees in line with the 7/24/23 Council-endorsed Advisory Committee Resolution Template. Councilor Blonna also advised the Council of two potential grants that are available to help fund municipal efforts to conserve open space and wetlands to assist in the City's conservation efforts. Councilor Blonna concluded his remarks by formally withdrawing his support for a City investigation to procure a third City-owned public beach access pathway north of the existing Winterberry and Maple Avenue access points along South Collier Boulevard. Councilor Brechnitz queried City Staff members about: 1) the progress of State-mandated condominium inspections; 2) the final remit date by the company that constructed the new Fire Station 50 facility, and; 3) when the City took over payment of the insurance premiums on Fire Station 50 following the completion of its construction. Councilor Palumbo raised three areas for discussion during his Council Communications comments. 1) Councilor Blonna's insight on why the Collier County Board of Commissioners withdrew its support of Conservation Collier's proposed purchase of the City's proposed Inlet Rd. property; 2) the City's jurisdictional authority to replace, move, and update the waterway navigational markers within and around the Island, and; 3) what can be done to facilitate the proposed paid parking proposal brought forward by the President of the San Marco Residences Condominium Association during the evening's 'Citizens' Comments' portion of the meeting. Councilor Irwin indicated her support of the San Marco Residences Condominium Association request, and she communicated her continued support for the City to pursue a third City-owned public beach access path near, or off of, Collier Boulevard. She also advised the Council of the Beautification Advisory Committee's interest in beautifying and restoring the 13 historical markers that are displayed around the Island, and she expressed her concern with the recent resignations of two members of the Waterways Advisory Committee. Chair Folley clarified the renewal date of the current Marco Island Police labor agreement, and he requested that the City Staff undertake a process audit of the City's current Codes and Permitting process to eliminate unnecessary burden and streamline the overall process. City Manager McNees indicated that members of the City Staff are in the early stages of such an endeavor, and that he soon expects to bring forward a set of recommendations for the Council's consideration. ID 22-2608 Future Agenda Items No new Future Agenda Items were added to, or removed from, the Council's schedule. City of Marco Island Florida Page 5 City Council Meeting Minutes - Final August 7, 2023 (THE MEETING WENT INTO RECESS AT 8:40 P.M. IT IS NOTED FORM THE RECORD THAT ALL COUNCILORS WERE PRESENT WHEN THE MEETING RECONVENED AT 8:45 P.M.) 15. Council Reports ID 23-2976 Update on the Army Corps of Engineers Coastal Storm Risk Management Feasibility Study - Councilor Rich Blonna Councilor Blonna presented a review of the results of his, Public Works Director Justin Martin, and Humiston & Moore Vice President & Coastal Modeler Mohamed Dabees's ongoing engagement in the charettes, virtual meetings, and weekly workgroup meetings chaired by representatives of the U.S. Army Corps of Engineers (USACE) regarding its Southwest Florida Coastal Storm Risk Management Feasibility Study. Recognizing the apparent lack of success in getting USACE to incorporate Marco Island's needs and recommendations into its Feasibility Study via the existing channels of engagement, Chair Folley obtained Council consensus to direct the City Staff to formalize and document its concerns in a written letter to USACE leadership. 16. City Manager's Report None. 17. City Attorney's Report City Attorney Alan Gabriel formally announced the calling of a special, non-public, attorney-Council litigation strategy meeting on from 1:00 P.M. until approximately 4:30 P.M on August 18, 2021. 18. Departmental Reports ID 22-2609 Monthly Departmental Reports Councilor Irwin briefly highlighted the City Code noise violation statistics for the month of June, 2023 versus June, 2022. 19. Citizens' Comments No members of the public came forward to offer comment during this portion of the meeting. 20. Adjournment There being no further business before the Council, Chair Folley adjourned the meeting at 9:25 P.M. ___________________________ Greg Folley, Council Chair City of Marco Island Florida Page 6 City Council Meeting Minutes - Final August 7, 2023 ATTEST: ____________________________________ Joan Taylor, City Clerk PREPARED BY: ___________________________ Jim Kornas, Recording Specialist City of Marco Island Florida Page 7

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, August 7, 2023 5:30 PM Community Meeting Room 1. Call to Order 2. Roll Call 3. Invocation - Pastor Matthew White of Wesley United Methodist Church 4. Pledge of Allegiance 5. Approval of the Agenda 6. Approval of the Minutes a. ID 22-2623 Approval of the Operating Budget Workshop Minutes of July 24, 2023 Attachments: Operating Budget Workshop Minutes of July 24, 2023 b. ID 22-2607 Approval of the City Council Meeting Minutes of July 24, 2023 Attachments: City Council Meeting Minutes of July 24, 2023 7. Approval of Consent Agenda [Approval of Consent Agenda passes all routine items listed below.] a. ID 23-2970 Authorize the City Manager to Issue a Purchase Order to One Source Construction Inc. for Storm Sewer Outfall Pipe Replacement and Seawall Connection at 960 Maple Court, in the amount of $91,408.07, using the Citywide Infrastructure Construction Services Contract 2021006OSC - Justin Martin, P.E., Director, Public Works City of Marco Island Florida Page 1 Printed on 8/2/2023 City Council Meeting Agenda - Final August 7, 2023 Attachments: One Source Construction Inc. Proposal #23067 b. ID 23-2972 Authorize the City Manager to Issue a Purchase Order to One Source Construction Inc. for the Replacement of an Existing Storm Sewer Pipe from 493 Tallwood Street to 483 Tallwood Street, in the amount of $124,981.65, using the City Public Infrastructure Construction Services Contract 2021-006 - Just Martin, P.E., Director, Public Works Attachments: One Source Construction Inc. Proposal #23059-2 c. ID 23-2983 Authorize the City Manager to Issue a Purchase Order to Hole Montes, Inc. in the amount of $70,890.00 for the Design, Permitting, Bidding, and Engineering Services During Construction for the Water Main Improvements in the North Marco Area - Jeffrey E. Poteet, General Manager, Water and Sewer Attachments: Hole Montes Proposal Revised 7-28-23 d. ID 23-2981 Resolution - Approving Contracts that will Exceed or are Estimated to Exceed $50,000 - Angela Johenning, Purchasing & Risk Manager Attachments: Resolution 23-35 8. Proclamations and Presentations a. ID 23-2987 Recognition of Service by the Marco Island Police and Fire Departments and the Collier County Sheriff’s Office in Response to an Incident that Occurred on Marco Island on June 19, 2023 - Police Chief Tracy Frazzano b. ID 23-2985 Request for Right-of-Way Permit Fee Waiver - David Leaser, Beautification Advisory Committee c. ID 23-2980 Parks and Recreation Advisory Committee Presentation - Committee Chair Allyson Richards & Committee Member Dr. Carlos Portu Attachments: Proposed Burrowing Owl Park Location Scope of Services for Burrowing Owl Park 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 [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 City of Marco Island Florida Page 2 Printed on 8/2/2023 City Council Meeting Agenda - Final August 7, 2023 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 B. First Readings 12. Resolutions & City Council Items a. ID 23-2977 Approve a One-Year Extension of Contract #2020-002 with Affordable Landscaping Services and Design, LLC for Landscape Maintenance Services in the amount of $1,103,882.03 Annually - Angela Johenning, Purchasing & Risk Manager Attachments: Extension Letter & Pricing Schedule through 9-30-24 b. ID 23-2971 Review of Offer to Sell the Rapid Infiltration Basin Property (RIBS) for $156,000.00 to CM Creek, LLC - Angela Johenning, Purchasing & Risk Manager Attachments: RIBS Property Appraisal 11-1-22 CM Creek, LLC Bid Proposal 7-19-23 Resolution 21-23 Declaring Property Surplus 13. Items Removed from the Consent Agenda 14. Council Communications & Future Agenda ID 22-2608 Future Agenda Items Attachments: Future Agenda 8-21-23 15. Council Reports ID 23-2976 Update on the Army Corps of Engineers Coastal Storm Risk Management Feasibility Study - Councilor Rich Blonna City of Marco Island Florida Page 3 Printed on 8/2/2023 City Council Meeting Agenda - Final August 7, 2023 Attachments: USACE White Paper USACE PowerPoint 16. City Manager's Report 17. City Attorney's Report - None 18. Departmental Reports ID 22-2609 Monthly Departmental Reports Attachments: Public Works Water & Sewer Police 19. Citizens' Comments [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 8/2/2023

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