City Council

City of Marco Island Florida 51 Bald Eagle Drive Marco Island, Florida cityofmarcoisland.com Meeting Minutes - Final Monday, January 22, 2024 5:30 PM Community Meeting Room City Council Chair: Jared Grifoni Vice-Chair: Erik Brechnitz City Council: Rich Blonna, Greg Folley, 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 January 22, 2024 1. Call to Order Chair Grifoni called the meeting to order at 5:30 P.M. 2. Roll Call Present: 6- Councilor Blonna, Vice-Chair Brechnitz, Chair Folley, Councilor Irwin, Councilor Palumbo and Chair Grifoni Absent: 1- Councilor Rola Also Present Michael McNees, City Manager Casey Lucius, Assistant City Manager Joan Taylor, City Clerk Alan L. Gabriel, City Attorney (remote, via Zoom teleconference connection) Tracy Frazzano, Police Chief Chris Byrne, Fire Chief Daniel J. Smith, Community Affairs Director Justin Martin, Public Works Director Jose Duran, Information Technology Director Jeff Poteet, Water & Sewer General Manager Miguel Carballo, Fleet & Facilities Manager Raul Perez, Chief Building Official Sonia Iszler, Water & Sewer Engineering & Operations Manager Kelli DeFedericis, Flood Plain Coordinator Martin Luna, Video/Broadcast Technician Jim Kornas, Recording Specialist Citizens and Visitors 3. Invocation Offered by Reverend Scott Kerens of The Marco Presbyterian Church. 4. Pledge of Allegiance Led by Chair Grifoni. 5. Approval of the Agenda MOTION by Councilor Folley, seconded by Councilor Irwin, that the Agenda be Approved. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: Yes: 6- Councilor Blonna, Vice-Chair Brechnitz, Chair Folley, Councilor Irwin, Councilor Palumbo and Chair Grifoni 6. Approval of the Minutes ID 23-3088 Approval of the City Council Meeting Minutes of January 8, 2024 MOTION by Councilor Blonna, seconded by Councilor Irwin, that the City Council Meeting Minutes of January 8, 2024 be Approved. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: City of Marco Island Florida Page 1 City Council Meeting Minutes - Final January 22, 2024 Yes: 6- Councilor Blonna, Vice-Chair Brechnitz, Chair Folley, Councilor Irwin, Councilor Palumbo and Chair Grifoni 7. Approval of Consent Agenda Vice-Chair Brechnitz requested that Item 7a. (Award of Purchase Order ... Tennis Court Resurfacing) be removed from the Consent Agenda. Councilor Blonna requested that Item 7b. (Approve a Change Order for Capital Consulting Solutions, LLC) be removed from the Consent Agenda. As a result, Items 7a. and 7b. are now reflected in these Minutes under Agenda Item 13: Items Removed From the Consent Agenda. No other agenda items remained for Council approval under the Consent Agenda. 8. Proclamations and Presentations ID 23-3359 Presentation - Waterways Hydrodynamic Study - Jacobs Engineering Group, Inc. - Justin Martin, P.E., Director, Public Works Public Works Director Justin Martin briefly outlined the background for the hydrodynamic study, and he introduced Mr. Kyle Winslow, Ph.D, PE of Jacobs Engineering who presented, via Zoom teleconference connection, the results of the tide modeling and predicted internal waterway flushing results from re-sizing certain waterway connecting culverts under San Marco Road. Together. Messrs. Martin and Winslow addressed a number of questions from members of the Council. Public Comment Mr. David Rasmussen (Caxambas Ct.) cited obstacles that he believes could impede the attainment of the study's predicted canal flushing improvements, and he urged the City and the Council to conduct live, real-world testing before committing to a public works project. Mr. David Crain (Gayer Way) expresed concern with current south-to-north depth profile of the Landmark water body, and its ability to adequately flush itself under regular tidal flows in its current condition. 9. Citizens' Comments on Items Not Scheduled for Public Hearing and Items Other Than Those Appearing on the Agenda Ms. Janet Green (Manor Terrace) presented data regarding burrowing owl mortality on Marco Island, and she requested that the Council ban rodenticide from use on the Island in favor of other eco-friendly solutions. [Editorial Note: Later, during Council Communications, Community Affairs Director Daniel Smith, in response to a question from Councilor Blonna, indicated that current State law precludes the City from enacting a rodenticide ban] Ms. Sue Baum (Cape Marco Dr.) requested that the Council continue to support the Jewish Congregation of Marco Island's ability to offer non-resident beach parking in its parking lot. Ms. Lisa Foster (S. Seas Ct.) expressed her concern with allowing additional non-resident beach parking given the lack of public restroom facilities nearby. She also indicated that current discussions at the Planning Board level regarding Workforce/Affordable Housing alternatives did not, in her opinion, offer enough detail as to how a program to expand and manage alternatives would be executed. City of Marco Island Florida Page 2 City Council Meeting Minutes - Final January 22, 2024 10. Quasi-Judicial Public Hearing None. 11. Ordinances A. Public Hearings 1. ID 24-3376 Ordinance - Second Reading - Proposed Changes to Chapter 26, Floods, Regarding Floodplain - Kelli DeFedericis, CFM, Floodplain Coordinator, Community Affairs - Growth Management City Clerk Joan Taylor read Ordinance 24-04 into the record by title only. City Flood Plain Coordinator Kelli DeFedricis briefly explained FEMA's 50% structural improvement threshold limit for damaged structures, and the definition of "substantial improvement" during a twelve month (vs. formerly five-year) cumulative cost timetable under Section 26-62 of the proposed Ordinance. No members of the public came forward to offer comment. MOTION by Councilor Folley, seconded by Councilor Palumbo, that Ordinance 24-04 - Proposed Changes to Chapter 26, Floods, Regarding Floodplain, be Approved on Second Reading. MOTION CARRIED BY THE FOLLOWING COUNCIL VOTE: Yes: 6- Councilor Blonna, Vice-Chair Brechnitz, Chair Folley, Councilor Irwin, Councilor Palumbo and Chair Grifoni 2. ID 24-3377 Ordinance - Second Reading - Proposed Ordinance for Adoption of the Latest Edition of the Florida Building Code - Raul Perez, Chief Building Official City Clerk Joan Taylor read Ordinance 24-05 into the record by title only. Marco Island Chief Building Official Raul Perez came forward to address questions. No questions or comments were raised by members of the Council or the public. MOTION by Vice-Chair Brechnitz, seconded by Councilor Blonna, that Ordinance 24-05 - Proposed Adoption of the Latest Edition of the Florida Building Code, be Approved on Second Reading. MOTION CARRIED BY THE FOLLOWING COUNCIL VOTE: Yes: 6- Councilor Blonna, Vice-Chair Brechnitz, Chair Folley, Councilor Irwin, Councilor Palumbo and Chair Grifoni B. First Readings ID 23-3336 Ordinance - First Reading - Establishing the City of Marco Island as a Bill of Rights Sanctuary City - Councilor Greg Folley City Clerk Joan Taylor read the Ordinance into the record by title only. City of Marco Island Florida Page 3 City Council Meeting Minutes - Final January 22, 2024 Councilor Greg Folley provided background on the genesis of the proposed Ordinance, and he introduced Ms. Kristina Heuser, J.D. of the Kristina Heuser Law Firm, to offer legal perspective and to respond to questions raised by members of the Council. Following Council discussion and citizen input, Councilor Folley asked to engage with City Manager McNees and City Attorney Gabriel in enhancing the Ordinance's operational provisions prior to its Second Reading before the Council. Public Comment Mr. Keith Flaugh (Quintara Ct.), CEO and Co-Founder of the Florida Citizens Alliance, briefly shared his perspective on why such an Ordinance is needed on Marco Island. Ms. Jill Kiley (Cutler Ct.) quoted passages from a January 1, 2024 document entitled: "An Open Letter To The American People From This Declaration of Military Accountability", and she explained why this Ordinance will protect the rights of Marco Island's citizens. Mr. Scott Kiley (Cutler Ct.) conveyed his support of the Ordinance and pointed to certain actions by the World Health Organization (WHO) and by those who support a globalist agenda that he views with concern. Dr. Richard Schroeder (Naples) cited his observed instances of violations against the 1st and 4th Amendments of the U.S. Constitution. MOTION by Councilor Palumbo, seconded by Councilor Folley, that the Ordinance establishing the City of Marco Island as a Bill of Rights Sanctuary City be Approved on First Reading with the direction that the implementation and operational details related to its application and enforcement on Marco Island be incorporated into its Second Reading for Council review and approval. MOTION CARRIED BY THE FOLLOWING COUNCIL VOTE: Yes: 6- Councilor Blonna, Vice-Chair Brechnitz, Chair Folley, Councilor Irwin, Councilor Palumbo and Chair Grifoni (THE MEETING WENT INTO RECESS AT 7:56 P.M. IT IS NOTED FOR THE RECORD THAT ALL COUNCILORS WERE PRESENT WHEN THE MEETING RECONVENED AT 8:01 P.M.) 12. Resolutions & City Council Items a. ID 24-3375 Resolution - Authorizing Participation in a Lawsuit Challenging Form 6 - Financial Disclosure Requirement for all Municipal Elected Officials - Alan Gabriel, City Attorney City Clerk Joan Taylor read Resolution 24-04 into the record by title only. City Attorney Alan Gabriel outlined the offer extended by his law firm (Weiss Serota Helfman Cole + Bierman, P.L.) to its client municipalities and their elected officials interested in seeking injunctive relief from the filing of Florida State Financial Disclosure Form 6 during 2024. Questions regarding the likelihood of potentially obtaining relief prior to the Form 6 filing deadline, obtaining the proposed minimum number City of Marco Island Florida Page 4 City Council Meeting Minutes - Final January 22, 2024 of municipalities to participate in the initiative, and the identification of alternative funding sources for the proposed participation fee were addressed. Public Comment Ms. Christine Dowell (Biscayne Way) shared a summary of the results of her telephone conversation with a representative from the Florida Commission on Ethics on this subject. MOTION by Vice-Chair Brechnitz, seconded by Councilor Blonna, that Resolution 24-04 - Authorizing City of Marco Island Participation in a Lawsuit Challenging Form 6 - Financial Disclosure Requirement for all Municipal Elected Officials, be Approved. MOTION CARRIED BY THE FOLLOWING COUNCIL VOTE: Yes: 5- Councilor Blonna, Vice-Chair Brechnitz, Chair Folley, Councilor Irwin and Councilor Palumbo No: 1- Chair Grifoni b. ID 24-3378 Award of Contract to Quality Enterprise Inc. to Replace the Potable, Sewer, and Reclaimed Water Mains Attached to the Bridge on Collier Boulevard at the Bluebonnet Waterway in the Amount of $2,105,419.00 - Jeffrey E. Poteet, General Manager, Water & Sewer Department City of Marco Island Water & Sewer Department General Manager Jeff Poteet briefly outlined and clarified the location for the proposed replacement water mains in relation to recent past projects that were approved by the Council. No members of the public came forward to offer comment. MOTION by Vice-Chair Brechnitz, seconded by Councilor Palumbo, that the City Manager's Authorization to Award a Contract to Quality Enterprise, Inc. to Replace the Potable, Sewer, and Reclaimed Water Mains Attached to the Bridge on Collier Boulevard at the Bluebonnet Waterway in the Amount of $2,105,419.00, be Approved. MOTION CARRIED BY THE FOLLOWING COUNCIL VOTE: Yes: 6- Councilor Blonna, Vice-Chair Brechnitz, Chair Folley, Councilor Irwin, Councilor Palumbo and Chair Grifoni c. ID 24-3379 Award of Contract to Seagate Development Group, LLC for the Construction of a New Collection and Distribution Building and Covered Open Storage Structure in the Amount of $5,661,542.00 - Jeffrey E. Poteet, General Manager, Water & Sewer Department City of Marco Island Water & Sewer General Manager Jeff Poteet briefly outlined the intent and benefit of the proposed construction and, together with Water & Sewer Engineering and Operations Manager Sonia Iszler, addressed several questions from members of the Council. Public Comment Ms. Christine Dowell (Biscayne Way) cited comparative costs and perceived benefits for this construction initiative relative to her estimated costs to implement advanced water treatment capabilities at the City's Water & Sewer utility for the Council's interest and consideration. MOTION by Councilor Palumbo, seconded by Councilor Blonna, that the City Manager's Authorization to Award a Contract to Seagate Development Group, LLC for the Construction of a New Collection and Distribution Building and Covered Open Storage Structure in the Amount of $5,661,542.00, be Approved. City of Marco Island Florida Page 5 City Council Meeting Minutes - Final January 22, 2024 MOTION CARRIED BY THE FOLLOWING COUNCIL VOTE: Yes: 6- Councilor Blonna, Vice-Chair Brechnitz, Chair Folley, Councilor Irwin, Councilor Palumbo and Chair Grifoni 13. Items Removed from the Consent Agenda 7a. ID 24-3380 Award of Purchase Order as a Result of ITB 2024-004 Marco Island Racquet Center Tennis Court Re-Surfacing to J Courts, Inc in the Amount of $57,000.00 - Miguel Carballo, Manager, Fleet and Facilities Vice-Chair Brechnitz requested clarification from Fleet & Facilities Manager Miguel Carballo on the funding source for the proposed project. Mr. Carballo explained the existing policy regarding hurricane-related repairs. No members of the public came forward to offer comment. MOTION by Councilor Blonna, seconded by Councilor Irwin, that the City Manager's Authorization to Award a Purchase Order as a Result of ITB 2024-004 Marco Island Racquet Center Tennis Court Resurfacing to J Courts in the Amount of $57,000.00 be Approved. MOTION CARRIED BY THE FOLLOWING COUNCIL VOTE: Yes: 5- Councilor Blonna, Chair Folley, Councilor Irwin, Councilor Palumbo and Chair Grifoni No: 1- Vice-Chair Brechnitz 7b. ID 24-3382 Approve a Change Order for Capital Consulting Solutions, LLC, in the Amount of $15,367.50 - Miguel Carballo, Manager of Fleet & Facilities Councilor Blonna requested clarification on the need and role of the proposed consultant's hiring in light of the collaboration with, and oversight by, Collier County on this project. City of Marco Island Fleet & Facilities Manager Miguel Carballo provided response and explanation. No members of the public came forward to offer comment. MOTION by Councilor Palumbo, seconded by Councilor Irwin, that the City Manager's Authorization to Issue a Change Order for Capital Consulting Solutions, LLC in the Amount of $15,367.50, be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 5- Vice-Chair Brechnitz, Chair Folley, Councilor Irwin, Councilor Palumbo and Chair Grifoni No: 1- Councilor Blonna 14. Council Communications & Future Agenda Council Blonna began his comments by announcing that a free Step Smart Fall Prevention Program Seminar is being conducted for the public on Wednesday, January 31, 2024 from 12:00 noon - 2:00 P.M. at the Marco Island YMCA. Councilor Blonna next polled his colleague Councilors on their interest in supporting the development of an ordinance that would restrict motorized e-bikes and other similarly-propelled vehicles from being driven on the City's sidewalks and shared-use pathways. Following significant Council input and discussion, City Manager McNees and Police Chief Frazzano volunteered to enhance the Police Department's public safety promotional effort to encourage the installation and use of manual warning bells by bicycle and City of Marco Island Florida Page 6 City Council Meeting Minutes - Final January 22, 2024 e-bike riders. Councilor Blonna then queried Community Affairs Director Daniel Smith on the why rodenticides could not be banned for use on Marco Island. Director Smith indicated that State law prohibits municipalities from banning the use of such products. Councilor Blonna next shared the content of his discussion with representatives from Conservation Collier regarding erecting permanent gopher tortoise road encroachment barriers on their property parcels located between 181 - 201 South Barfield Rd. His communication to the Council precipitated discussion with the City Staff on the process to ensure timely permit issuance and the application of permitting fees. Councilor Blonna concluded by requesting insight from Community Affairs Director Smith on how to advise the officials of the Marco Island Senior Softball League regarding their desire to receive approval to erect permanent shade structures around the main softball diamond at Winterberry Park. Councilor Folley advised the Council of the success of the previous weekend's Police Foundation Second Annual Pickleball Slammer event, and he thanked the many parties locally and within Collier County and State government that collaborated to address the low-lying area of the beach where rainwater had been collecting and transitioning into a grassy marsh as reported by a citizen at the Council's December 4, 2023 Meeting. In reference to public comments received earlier in the meeting, Councilor Folley shared his position regarding the application of conditional use event parking approvals to support non-event, paid beach parking extension requests for lots near the Collier Boulevard beach corridor. He also requested that the City Attorney explore alternatives to City taxpayer funding of the participation fee for the lawsuit challenging the State's 2024 Form 6 Financial Disclosure requirement of elected municipal leaders. [Editorial Note: see Agenda Item 12a.] Councilor Palumbo added his thanks and appreciation for the collaborative effort that was on display in addressing the low-lying beach area concern previously cited, and he indicated that he would support having each individual City Councilor personally fund their portion (1/7th) of the proposed Form 6 Financial Disclosure lawsuit participation fee of $10,000 per participating municipality. Councilor Palumbo communicated his intention to approach Collier County to assess its potential interest in converting the site of the former Tax Collector's Office (1040 Winterberry Drive) into a residents-only beach parking location. Councilor Palumbo next commented on the neglected appearance of the County's Tigertail Park and Beach area, and he indicated his intention to explore potential ways to encourage and assist Collier County in rejuvenating the public facilities there. Councilor Palumbo asked City Manager McNees to update the Council on his discussions with the American Legion to ensure that recognition for those who served in the United States Merchant Marine is considered in future veterans' activities on Marco Island. Councilor Palumbo also noted that, with the eastward residential growth of Naples, Golden Gate, and the surrounding area, the Council and the citizens of Marco Island need to be forward-thinking in how to best manage the expected increase in visitation to the Island in a manner that benefits the entire Marco Island community. Councilor Irwin briefly updated the Council on her and City Manager McNees's participation in a recent Leadership Collier panel and education session. She also added her thanks to all who assisted in addressing the low-lying beach area concern that was previously cited. City of Marco Island Florida Page 7 City Council Meeting Minutes - Final January 22, 2024 Councilor Irwin concluded by advising her colleague Councilors of her Florida League of Cities Inaugural Leadership class invitation and related activities that are scheduled to be conducted in Orlando in the month of February. Chair Grifoni briefly summarized and encouraged the Council to view Argentine President Javier Milei's presentation and remarks regarding socialism and socialistic economies at the 2024 World Economic Forum in Davos, Switzerland. Chair Grifoni also shared his enthusiasm for the recent announcement of Naples' first professional soccer sports franchise, and he noted an upcoming celebratory public event scheduled for January 27, 2024 at the Paradise Coast Sports Complex in Naples from 3:00 - 5:30 P.M. ID 23-3085 Future Agenda Items No items were added to the Future Agenda during this meeting. Motion To Extend The Meeting MOTION by Councilor Folley, seconded by Councilor Palumbo, to extend the City Council meeting to conclude no later than 9:35 P.M. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: Yes: 6- Councilor Blonna, Vice-Chair Brechnitz, Chair Folley, Councilor Irwin, Councilor Palumbo and Chair Grifoni 15. Council Reports None. 16. City Manager's Report City Manager McNees noted the improved utilization and increase in scheduled activities at Veterans Community Park, and he encouraged the Council to remain observant of the many activities there. Mr. McNees also spoke highly of the Florida League of Cities Legislative Team and its efforts to advance and protect the interests of municipalities in Florida, and he alerted the Council to some pending legislation regarding small utility operations that may be of concern to the City of Marco Island. City Manager McNees concluded by advising the Council of an upcoming Marco Island Water & Sewer Department Open House from 9:00 A.M. - 12:00 Noon on Wednesday, February 14. 17. City Attorney's Report ID 23-3082 City Attorney’s Report Vice-Chair Brechnitz requested insight on a billing item included on the City Attorney's Report. City Attorney Alan Gabriel provided a response and clarification. 18. Departmental Reports ID 23-3086 Monthly Departmental Reports No comments or questions were raised regarding the Monthly Department Reports. City of Marco Island Florida Page 8 City Council Meeting Minutes - Final January 22, 2024 19. Citizens' Comments Mr. David Crain (Gayer Way) briefly commented on: 1) Councilor Palumbo's observations regarding the state of the facilities and grounds at Tigertail Beach; 2) his concerns for bicyclist safety along Collier Boulevard, and; 3) his perceived advantages to the City of upgrading the Isles of Capri sewer system. 20. Adjournment There being no further business before the Council, Chair Grifoni adjourned the meeting at 9:34 P.M. ___________________________ Jared Grifoni, Council Chair ATTEST: ____________________________________ Joan Taylor, City Clerk PREPARED BY: ___________________________ Jim Kornas, Recording Specialist City of Marco Island Florida Page 9