City Council

City of Marco Island Florida 51 Bald Eagle Drive Marco Island, Florida cityofmarcoisland.com Meeting Minutes - Final Monday, October 2, 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 October 2, 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 (participated remotely via Zoom teleconference connection) Casey Lucius, Assistant City Manager (participated remotely via Zoom teleconference connection) Joan Taylor, City Clerk Alan L. Gabriel, City Attorney Tracy Frazzano, Police Chief Chris Byrne, Fire Chief Guillermo Polanco, Finance Director Justin Martin, Public Works Director Jose Duran, Information Technology Director Jeff Poteet, Water & Sewer General Manager Miguel Carballo, Fleet & Facilities Manager Leslie Sanford, Human Resources Manager Angela Johenning, Purchasing & Risk Manager Martin Luna, Video/Broadcast Technician Jim Kornas, Recording Specialist Citizens and Visitors 3. Invocation Offered by the Reverend Scott Kerens of the Marco Presbyterian 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 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 23-3061 Approval of the City Council Workshop Minutes of September 18, 2023 MOTION by Councilor Brechnitz, seconded by Councilor Blonna, that the City Council Workshop Minutes of September 18, 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 City of Marco Island Florida Page 1 City Council Meeting Minutes - Final October 2, 2023 b. ID 22-2624 Approval of the City Council Meeting Minutes of September 18, 2023 Councilor Blonna pointed out a minor error in the spelling of Ms. Allyson Richards' name under Item 9 (Proclamations and Presentations). [Editorial Note: the error was corrected prior to publishing the Minutes of September 18th] MOTION by Councilor Brechnitz, seconded by Councilor Irwin, that the City Council Meeting Minutes of September 18, 2023 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 7. Approval of Consent Agenda Councilor Blonna requested that Item 7e. (Award of the Full Design of the Pickleball Center) be removed from the Consent Agenda. [Editorial Note: the Council's direction on this topic is recorded under Item 13 (Items Removed From The Consent Agenda)] MOTION by Councilor Irwin, 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 23-3038 Resolution - Approving Purchase Orders Anticipated to Exceed $50,000 for FY 2024 - Angela Johenning, Purchasing & Risk Manager b. ID 23-3068 Resolution - Approving of the Appointment of Mr. Daniel J. High to the Waterways Advisory Committee - Joan Taylor, City Clerk c. ID 23-3075 Approval of Employee Insurance Plans - Leslie W. Sanford, Human Resources Manager d. ID 23-3074 Approval of Lease Agreement Providing Space within Fire Station 50 to the Collier County Board of County Commissioners for the Purposes of Co-locating a Collier County EMS Ambulance and Crew Members and Authorizing the City Manager to Execute the Agreement - Chris Byrne, Fire Chief, Fire-Rescue Department 8. Proclamations and Presentations None. 9. Citizens' Comments on Items Not Scheduled for Public Hearing and Items Other Than Those Appearing on the Agenda Ms. Anita Sargest (Manor Terrace) questioned whether the Marco Island Civic Association (M.I.C.A.) had been formally brought into the Council's discussion regarding the possibility of allowing parking facilities for the public in multi-family residential districts and Churches along the Collier Boulevard beach corridor (Item 13a. of the September 18, 2023 City Council Agenda). She requested that the Council and City Staff engage with her and the residents in her neighborhood on the specific actions that are planned prior to the City of Marco Island Florida Page 2 City Council Meeting Minutes - Final October 2, 2023 approval and implementation of any such activity. 10. Quasi-Judicial Public Hearing None. 11. Ordinances None. 12. Resolutions & City Council Items a. ID 23-3114 Renewal of the Policy for FY2024 Property, Liability, and Excess Worker’s Compensation Insurance Coverage with Brown & Brown, formerly known as Public Risk Insurance Agency (“PRIA”) in the Amount of $1,843,186.00 - Angela Johenning, Purchasing & Risk Manager City Purchasing & Risk Manager Angela Johenning, accompanied by Mr. Ben C. Few IV of Ben Few & Company, Inc. outlined the request for approval of the City's FY2024 property, liability, and excess worker's compensation insurance coverage in light of the substantial increase in rates over the previous year. Both presenters addressed several questions that were raised by members of the Council. No members of the public came forward to offer comment. MOTION by Councilor Brechnitz, seconded by Councilor Blonna, that the Renewal of the Policy for FY2024 Property, Liability, and Excess Worker's Compensation Insurance Coverage with Brown & Brown (formerly Known as Public Risk Insurance Agency (PRIA)) in the Amount of $1,843,186.00, 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 23-3102 Authorize the City Manager to Issue a Purchase Order to Synagro South, LLC for Dewatering and Cleaning of Four 500,000 Gallon Influent Storage Tanks in the Amount of $446,059.00 - Jeffrey E. Poteet, General Manager, Water and Sewer Water & Sewer Utility General Manager Jeff Poteet noted a correction to the amount identified in the Executive Summary to be taken from the Water & Sewer Department's unrestricted fund balance, and he shared detail on the rationale for the proposed expenditure. No members of the public came forward to offer comment. MOTION by Vice-Chair Grifoni, seconded by Councilor Irwin, that Authorization for the City Manager to Issue a Purchase Order to Synagro South, LLC for Dewatering and Cleaning of Four 500,000 Gallon Influent Storage Tanks in the Amount of $244,552.00, 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 23-3048 Review of Offer to Sell the Rapid Infiltration Basin Property (RIBS) for $156,000.00 to CM Creek, LLC - Angela Johenning, Purchasing & Risk City of Marco Island Florida Page 3 City Council Meeting Minutes - Final October 2, 2023 Manager City Purchasing & Risk Manager Angela Johenning, accompanied by City Public Works Director Justin Martin, outlined the additional due diligence that was conducted by the City Staff at the request of the Council at its August 7, 2023 meeting on the potential alternative use for this property which was originally offered for sale. Given their findings, Ms. Johenning and Mr. Martin recommended that the Council not proceed with the sale of the property to CM Creek LLC. No members of the public came forward to offer comment. MOTION by Councilor Blonna, seconded by Councilor Rola, that the Rejection of the Offer to Sell the Rapid Infiltration Basin (RIBS) Property for $156,000 to CM Creek LLC, 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 d. ID 23-3116 Approval of a Resolution , Alan Gabriel, City Attorney City Attorney Alan Gabriel read Resolution 23-54 into the record by title only. He also explained the impact of recently-adopted Florida Senate Bill 250 in making "null and void ab initio" Marco Island Ordinance 22-08 after the September 28, 2022 experience of Hurricane Ian in Southwest Florida. He also proposed that two uses of the word "prior" be changed to "before" in the third and fourth paragraphs of Resolution 23-54, if adopted by the Council. The Council engaged in significant discussion regarding this Resolution. Public Comment Ms. Fiona Winter (Perrine Ct.) offered her perspective on how taxpayer funds could have been better deployed than expended in support of Ordinance 22-08. Mr. Martin Winter (Perrine Ct.) opined that, given the illegality of the ordinance, the matter should never have been brought before the Marco Island electorate for a vote. He proposed that the Council and City Staff issue a public notice accounting for all monies expended and wasted in the implementation of Ordinance 22-08. Mr. Chris Hansen (Shenandoah Ct.) shared his observations regarding the will of the voters on the regulation of short-term vacation rentals on the Island, and he expressed his belief that the issues posed by short-term vacation rentals in residential districts will not go away. MOTION by Councilor Irwin, seconded by Vice-Chair Grifoni, that Resolution 23-54 - Declaring the Vacation Rental Registration Program Ordinance 22-08 Null and Void Ab Initio, with two applications of the word "prior" changed to "before" in paragraphs three and four of the Resolution to align with the State statute, be Approved. 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 13. Items Removed from the Consent Agenda 7e. ID 23-3115 Award of the Full Design of the Pickleball Center Phase 1 to Agnoli, Barber & Brundage, Inc. in the Amount of $111,100.00 - Miguel Carballo, Manager, Fleet and Facilities Councilor Blonna shared his reasoning for requesting that this item be removed from the Consent Agenda, City of Marco Island Florida Page 4 City Council Meeting Minutes - Final October 2, 2023 and he recommended that the Council and City Staff consider identifying an alternative, stand-alone location for the establishment of a pickleball playing facility on the Island. No members of the public came forward to offer comment. MOTION by Councilor Blonna, seconded by Councilor Brechnitz, that the Award of the Full Design of the Pickleball Center Phase I to Agnoli, Barber & Brundage, Inc. in the Amount of $111,100.00, 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 Councilor Blonna read a prepared statement regarding his belief regarding the legality of short-term vacation rental homes in residential, single-family (RSF) districts on the Island. His proposal to bring a Motion for Council consideration met with a "point of order" procedural challenge from other members of the Council. Following extensive dialogue among members of the Council and input from the City Attorney, Councilor Blonna withdrew his request. Later during Council Communications, Councilor Blonna thanked the members of the Council for their stated intention to focus on other key matters of importance for the City and the Island in the weeks and months ahead. Councilor Palumbo encouraged the citizens of Marco Island to reach out to their State and Federal elected representatives regarding the insurance affordability issues that are affecting Florida residents. He also requested clarification on the finality of the Council's earlier decision regarding the Rapid Infiltration Basin (RIBS) property as discussed under Item 12c. of the evening's Agenda. Later, during Council Communications, Councilor Palumbo also decried the wasted City spending in implementing Ordinance 22-08. Councilor Rola pointed out his understanding that the City's Land Development Code allows only for property uses that are expressly identified in the Code rather than uses that allowable if not explicitly excluded. He believes that this is an important distinction to note regarding the permitted uses of homes in residential, single-family (RSF) districts. Later during Council Communications, he requested specific documentation on what recently-enacted Florida statutes beyond Senate Bill 250 preclude the ability to modify the City's Land Development Code after October 1, 2024. [Editorial Note: Assistant City Manager Casey Lucius communicated remotely to City Attorney Alan Gabriel that Senate Bill 718 and House Bill 41 address Councilor Rola's question] Councilor Brechnitz inquired if the City's proposed contract to acquire the North Marco Utilities Company might be ready for Council review and approval at its next meeting. City Attorney Gabriel indicated that a number of issues are likely to preclude its readiness before November. Councilor Irwin indicated her belief that the long-standing short-term vacation rental controversy has made rental property owners more attentive to, and considerate of, their neighbors, and she proposed that the City allow the existing noise, trash, and parking ordinances help regulate the behaviors of temporary and seasonal visitors to the Island. Councilor Irwin concluded by citing and commenting on the August noise complaint statistics published by the Marco Island Police Department. Vice-Chair Grifoni indicated that, in addition to State of Florida Senate Bill 250, additional legislation (as noted above) approved during the most recent Florida Legislative Session precludes the ability for the City, or the citizens via referendum, to enact a restrictive vacation rental ordinance on Marco Island ever again. He also bemoaned the taxpayer money wasted by the City in implementing Ordinance 22-08. Chair Folley concluded Council Communications by: City of Marco Island Florida Page 5 City Council Meeting Minutes - Final October 2, 2023 1. encouraging the Council to focus on unity of intent and purpose going forward; 2. commenting on the re-opening of the newly-completed Snook Inn, and; 3. proposing that the Council's November 20th and December 18th meetings be cancelled. (Note: all members of the Council were in concurrence with this proposal) ID 22-2625 Future Agenda Items No new items were added to the Future Agenda at this meeting. (THE MEETING WENT INTO RECESS AT 7:31 P.M. IT IS NOTED FOR THE RECORD THAT ALL COUNCILORS WERE PRESENT WHEN THE MEETING RECONVENED AT 7:41 P.M.) 15. Council Reports a. ID 23-3066 White Paper - Proposal to Amend the Code of Ordinances Regulating the Hours for Placement and Removal of Trash and Recycle Bins - Councilor Darrin Palumbo Councilor Palumbo presented for discussion his rationale for proposing an amendment to the Code of Ordinances regulating the hours for placement and removal of trash and recycle bins in residential neighborhoods. Public Comment Mr. Martin Winter (Perrine Ct.) spoke in support of Councilor Palumbo's proposal, and he pointed to the potential savings that could accrue to the City from the change. Mr. Wayne Rose (Capri Ct.) urged the Council to seriously consider the recommendations proposed by Councilor Palumbo. Mr. Michael Josephs (Wintergreen Ct.) expressed his appreciation to the Council for all of its work, and he suggested that the Council proceed cautiously in making changes to the trash and recycle bin ordinance at this time. In consideration of the perspectives offered by members of the Council and the public, and in recognition of the continued reliance upon the existing noise, parking, and trash placement/removal ordinances to regulate behaviors in the City's residential neighborhoods, Chair Folley requested that Councilor Palumbo proceed toward defining a more modest change to his proposal when returning to the Council with his recommendation for approval. b. ID 23-3069 White Paper - Proposal to Draft a Ballot Question Regarding Salary Adjustments of City Council and City Council Title Change from Chair/Vice-Chair to Mayor/Vice-Mayor - Vice-Chair Jared Grifoni Vice-Chair Grifoni outlined his rationale for proposing changes to the City's Charter for the titles and terms of office for City Council Chair and Vice-Chair, as well as the annual compensation for elected City Councilors. He additionally proposed that the issues be placed before the voters during the March 2024 City of Marco Island Florida Page 6 City Council Meeting Minutes - Final October 2, 2023 Presidential Preference Primary to minimize City of Marco Island taxpayer expense for bringing these items to the electorate. All members of the Council offered input and perspective. No members of the public came forward to offer comment. Chair Folley concluded the discussion noting general Council endorsement for Vice-Chair Grifoni to proceed with drafting a specific proposal for future Council review and decision. c ID 23-3070 Presentation and Discussion of City’s 4e Application - Councilor Joe Rola Councilor Rola presented data in support of his position that, given the significant progress already achieved in reducing measured Total Nitrogen in the City's waterways, continued pursuit of major-expenditure water quality improvement projects as outlined in the City's 4e application with the Florida Department of Environmental Protection (FDEP) may be unnecessary. No members of the public came forward to offer comment. Following extensive discussion among the Councilors and with City Public Works Director Justin Martin, and a recommendation by City Manager Mike McNees, Chair Folley requested that the City's current direction be maintained with an eye toward a subsequent review of the issue early next year. [Editorial Note: the presentation materials utilized by Councilor Rola were revised prior to the meeting, but after the meeting agenda was finalized and published. The updated presentation materials are available on the City of Marco Island website under Our Government > Agendas and Minutes > City Council > 10/2/23 > Meeting Details] 16. City Manager's Report City Manager McNees thanked the Council for supporting his, and Assistant City Manager Lucius's attendance at the International City/County Management Association Conference in Austin, Texas. 17. City Attorney's Report City Attorney Alan Gabriel reminded the Council of its need to complete its annual Ethics & Sunshine Law training, and he provided the Council with alternative ways to successfully complete this year's requirement. 18. Departmental Reports ID 22-2626 Monthly Departmental Reports No comments were made by members of the Council or the public on the Monthly Department Reports. 19. Citizens' Comments Mr. Mark Morze (Yellowbird St.) thanked the Council for its action on the short-term rental ordinance, and he offered comment and support for an "honest" rental registration system. Additionally, he offered his support for the trash and recycle bin proposal brought forward by Councilor Palumbo earlier in the meeting. 20. Adjournment There being no further business before the Council, Chair Folley adjourned the meeting at 9:10 P.M. City of Marco Island Florida Page 7 City Council Meeting Minutes - Final October 2, 2023 ___________________________ Greg Folley, Council Chair ATTEST: ____________________________________ Joan Taylor, City Clerk PREPARED BY: ___________________________ Jim Kornas, Recording Specialist City of Marco Island Florida Page 8