City Council

City of Marco Island Florida 51 Bald Eagle Drive Marco Island, Florida cityofmarcoisland.com Meeting Minutes - Final Tuesday, February 20, 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 February 20, 2024 1. Call to Order Chair Grifoni called the meeting to order at 5:30 P.M. 2. Roll Call Present: 7- Councilor Blonna, Vice-Chair Brechnitz, Councilor Folley, Councilor Irwin, Councilor Palumbo, Councilor Rola and Chair Grifoni 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 Jeff Poteet, Water & Sewer General Manager Miguel Carballo, Fleet & Facilities Manager Mary Holden, Senior Planner Sonia Iszler, Water & Sewer Engineering & Operations Manager Martin Luna, Video/Broadcast Technician Jim Kornas, Recording Specialist Citizens and Visitors 3. Invocation Offered by Reverend Thomas McCulley of the New Life Community Church. 4. Pledge of Allegiance Led by Chair Grifoni. 5. Approval of the Agenda Chair Grifoni noted that Agenda Items 11(B)2 (Ordinance - First Reading - Public Hearing, Consideration and Transmittal of Amendments to our Comprehensive Plan ...) and 11(B)3 (Ordinance - First Reading - Rezone Petition (REZN-23-000341) for the South Water Treatment Plant ...) are Continued to the Council's March 4, 2023 Agenda. City Manager McNees communicated that a revised internal management process is being implemented within the City to manage ordinance legal notice requirements. MOTION by Councilor Blonna, seconded by Councilor Irwin, that the Agenda be Approved as Amended. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: Yes: 7- Councilor Blonna, Vice-Chair Brechnitz, Councilor Folley, Councilor Irwin, Councilor Palumbo, Councilor Rola and Chair Grifoni 6. Approval of the Minutes ID 23-3095 Approval of the City Council Meeting Minutes of February 5, 2024 MOTION by Vice-Chair Brechnitz, seconded by Councilor Folley, that the City City of Marco Island Florida Page 1 City Council Meeting Minutes - Final February 20, 2024 Council Meeting Minutes of February 5, 2024 be Approved. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: Yes: 7- Councilor Blonna, Vice-Chair Brechnitz, Councilor Folley, Councilor Irwin, Councilor Palumbo, Councilor Rola and Chair Grifoni 7. Approval of Consent Agenda MOTION by Councilor Blonna, seconded by Councilor Folley, that the Consent Agenda be Approved. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: Yes: 7- Councilor Blonna, Vice-Chair Brechnitz, Councilor Folley, Councilor Irwin, Councilor Palumbo, Councilor Rola and Chair Grifoni [Approval of the Consent Agenda Passed the Routine Items Listed Below] a. ID 24-3421 Authorize the City Manager to Issue a Purchase Order to Titan Concrete & Utilities, Inc., for the Repair of Pipes and Storm Boxes at Bald Eagle Drive and Tallwood Street in the Amount of $115,200.00 Using the City Public Infrastructure Construction Services Contract 2023-029 - Justin Martin, P.E., Director of Public Works b. ID 24-3416 Authorize the City Manager to Issue a Purchase Order to Titan Concrete & Utilities, Inc., for the Installation of a New Outfall Pipe at 1241 Stone Court in the Amount of $90,899.20 Using the City Public Infrastructure Construction Services Contract 2023-029 - Justin Martin, P.E., Director of Public Works c. ID 24-3428 Authorize the City Manager to Execute Purchase Orders to Cardio Partners and Stryker for the Upgrade of Cardiac Monitors in the Total Amount of $58,724.60 - Chris Byrne, Fire Chief, Fire Rescue Department d. ID 24-3414 Appointment of City Council Chairman Jared Grifoni to the Collier County Tourist Development Council (TDC) - Joan Taylor, City Clerk 8. Proclamations and Presentations ID 24-3434 Presentation - Firehouse Magazine 2023 National Fire Station Design Award, Dan Summers, BSSW Architects Mr. Dan Summers, President of BSSW Architects, Inc., presented the Firehouse Magazine 2023 National Fire Station Design Award to Marco Island Fire Chief Chris Byrne and Marco Island Fleet & Facilities Manager Miguel Carballo before the Council and all present. Chief Byrnes conveyed remarks of appreciation and thanks to the members of the Council, the City Staff, and the construction management team who worked together collaboratively to provide the citizens of Marco Island with an exceptionally well-designed, resilient emergency response center. 9. Citizens' Comments of Items Not Scheduled for Public Hearing and Items Other Than Those Appearing on the Agenda Mr. Don Armstrong (Beach Resort Dr., Naples), Commodore of the Marco Island Model Yacht Club, expressed concern with the difficulties experienced by the Club in obtaining City approvals to provide adequate, convenient parking for its Model Yacht Club events and activities. City of Marco Island Florida Page 2 City Council Meeting Minutes - Final February 20, 2024 10. Quasi-Judicial Public Hearing None. 11. Ordinances A. Public Hearings ID 23-3356 Ordinance - Second Reading - Establishing the City of Marco Island as a Bill of Rights Sanctuary City - Councilor Greg Folley (CONTINUED FROM 2/5/24 COUNCIL MEETING) City Clerk Joan Taylor read Ordinance 24-06 into the record by its original title, followed by Ordinance 24-06 under its revised title. Councilor Folley, as lead advocate for the adoption of Ordinance 24-06, noted the following revisions since the First Reading of this ordinance before the Council at its January 22, 2024 meeting: 1) a revision of the title of the ordinance from "...establishing the City of Marco Island as a Bill of Rights Sanctuary City ..." to "... establishing the City of Marco Island as a Constitutionally Protected Freedom Zone ..."; 2) clarification in Section 4 (Definitions), and Section 5 (Prohibitions) specifically identifying that this ordinance shall only apply to Federal laws which violate or unreasonably restrict, impede, or impinge upon an individual’s Constitutional rights; 3) an addition in Section 6A (Penalties) which clarifies the role of the State Circuit Court in determining a requesting party's entitlement to attorneys' fees, and; 4) the addition of language in Section 6B (Penalties) clarifying the process and procedure for receiving and addressing claims raised with the City of Marco Island Public Comment The following individuals came forward to express support for the passage of Ordinance 24-06: 1) Ms. Mary Alger (Clyburn St.) 2) Ms. Jill Kiley (Cutler Ct.) 3) Reverend Anthony Thomas (Collier Blvd., Naples) 4) Ms. Ruth Putnam (Salvadore Ct.) 5) Mr. Keith Flaugh (Quintara Ct.) 6) Mr. Daniel Cook (Orchid Bay Dr., Naples) 7) Mr. Jay Kohlhagen (Linwood Ave., Naples) 8) Ms. Carol DiPaolo (N. Collier Blvd.) 9) Ms. Sherri Parmar (Central Ave., Ft. Myers) 10) Mr. Joe Alger (Clyburn St.) 11) Dr. Shelly Derrough (Collier Ct.) 12) Dr. David Randall (Collier Ct.) 13) Ms. Marcy Petzi (S. Collier Blvd.) 14) Dr. Richard Schroeder (Snowy Owl Way, Naples) 15) Mr. Luigi Carvelli (Aruba Ct.) City of Marco Island Florida Page 3 City Council Meeting Minutes - Final February 20, 2024 16) Mr. Joe Oliverio (Caxambas Ct.) 17) Ms. Kristina Heuser (Pan Am Ave., Naples) The following individuals came forward to express concern with certain elements and/or enforcement of the proposed Ordinance: 1) Ms. Linda Scherzinger (Plantation Ct.) 2) Mr. Bruce Weide (S. Collier Blvd.) 3) Mr. Robert Donahoe (Dandelion Ct.) Following Council discussion, City Manager and City Attorney input, and the public comments received, an amended Motion was placed before the Council for a vote. MOTION by Councilor Folley, seconded by Councilor Brechnitz, that Amended Ordinance 24-06 - Establishing the City of Marco Island as a Constitutionally-Protected Freedom Zone, along with the following revisions: 1) In Section 6A (Penalties) - recharacterizing "Anyone" at the start of this Section as "Any agent of the City of Marco Island", and modifying Lines 189 - 191 of the Ordinance 24-06 Second Reading Redlined Version document to note: "prevailing for the entitlement of attorney fees", and; 2) In Sections 6A & 6B (Penalties) - harmonizing the language in both sections to recognize and ensure that City employees will not be held accountable for actions that are lawful at the time of their commission and later deemed unlawful after the fact, be Approved on Second Reading. MOTION CARRIED BY THE FOLLOWING COUNCIL VOTE: Yes: 6- Vice-Chair Brechnitz, Councilor Folley, Councilor Irwin, Councilor Palumbo, Councilor Rola and Chair Grifoni No: 1- Councilor Blonna (THE MEETING WENT INTO RECESS AT 7:49 P.M. IT IS NOTED FOR THE RECORD THAT ALL COUNCILORS WERE PRESENT WHEN THE MEETING RECONVENED AT 8:00 P.M.) B. First Readings 1. ID 24-3429 Ordinance - First Reading - Workforce/Affordable Housing Code Amendments - Mary P. Holden, Planning Manager, Community Affairs/Growth Management City Clerk Joan Taylor read Ordinance 24-07 into the record by its original title, followed by Ordinance 24-07 under its amended title. [Editorial Note: the amended title version of Ordinance 24-07 can be found on www.cityofmarcoisland.com under Our Government > Agendas and Minutes > City Council 2/20/2024 > Meeting Details] City of Marco Island Florida Page 4 City Council Meeting Minutes - Final February 20, 2024 City of Marco Island Senior Planner Mary Holden briefly outlined the actions of the Growth Management Department and the City's Planning Board in crafting the Ordinance and publicly noticing its proposed revisions. She clarified the application of Florida Statute Section 166.04151(7) (aka the "Live Local Act") on new construction, and she addressed a number of questions from members of the Council. No members of the public came forward to offer comment. MOTION by Councilor Blonna, seconded by Councilor Palumbo, that Amended Title Ordinance 24-07 - Workforce/Affordable Housing Code Amendments, be Approved on First Reading. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: 6- Councilor Blonna, Vice-Chair Brechnitz, Councilor Folley, Councilor Irwin, Councilor Palumbo and Chair Grifoni No: 1- Councilor Rola 2. ID 24-3430 Ordinances - First Reading - Public Hearing, Consideration and Transmittal of Amendments to our Comprehensive Plan 2040 Incorporating by Reference the Ten-Year Water Supply Facilities Work Plan and Eliminating Infrastructure Element Policy 1.1.1.1, and (by separate ordinance) Amending the Future Land Use Map, to the City Council - Mary P. Holden, Planning Manager - Community Affairs - Growth Management As announced by Chair Grifoni during the Approval of the Agenda portion of the meeting, this item is being Continued to the Council's March 4, 2024 meeting. 3. ID 24-3432 Ordinance - First Reading - Rezone Petition (REZN-23-000341) for the South Water Treatment Plant, to Change the Zoning District Designation from RSF-4 to Public Use for Property Located at 415 Lily Court, Marco Island, FL 34145 - Mary P. Holden, Senior Planner, Community Affairs/Growth Management As announced by Chair Grifoni during the Approval of the Agenda portion of the meeting, this item is being Continued to the Council's March 4, 2024 meeting. 12. Resolutions & City Council Items a. ID 24-3411 Resolution - Approving a Local Agency Program (LAP) Agreement with the Florida Department of Transportation (FDOT) for the Construction of the Collier Boulevard Alternate Bike Lanes - North and South Segments Project - Justin Martin, P.E., Director, Public Works City Clerk Joan Taylor read Resolution 24-07 into the record by title only. No members of the public came forward to offer comment. MOTION by Vice-Chair Brechnitz, seconded by Councilor Irwin, that Resolution 24-07 - that Authorization for the City Manager to Approve a Local Agency Program (LAP) Agreement with the Florida Department of Transportation (FDOT) for the Construction of the Collier Boulevard Alternate Bike Lanes - North and City of Marco Island Florida Page 5 City Council Meeting Minutes - Final February 20, 2024 South Segments Project, be Approved. MOTION CARRIED BY THE FOLLOWING COUNCIL VOTE: Yes: 7- Councilor Blonna, Vice-Chair Brechnitz, Councilor Folley, Councilor Irwin, Councilor Palumbo, Councilor Rola and Chair Grifoni b. ID 24-3400 Authorize the City Manager to Reappropriate $352,325.00 in Grant Matching Funds for the Replacement of the City Hall Roof System and the Installation of Flood Panels - Miguel Carballo, Manager, Fleet and Facilities City of Marco Island Fleet & Facilities Manager Miguel Carballo provided background on the rationale for the proposed reappropriation, and he addressed several questions from members of the Council. No members of the public came forward to offer comment. MOTION by Council Folley, seconded by Councilor Palumbo, that Authorization for the City Manager to Reappropriate $352,325.00 in Grant Matching Funds for the Replacement of the City Hall Roof System and the Installation of Flood Panels, be Approved. MOTION CARRIED BY THE FOLLOWING COUNCIL VOTE: Yes: 7- Councilor Blonna, Vice-Chair Brechnitz, Councilor Folley, Councilor Irwin, Councilor Palumbo, Councilor Rola and Chair Grifoni c. ID 24-3426 Authorize the City Manager to Execute a Change Order to Metal Shark Boats for Technology Improvements to the Fire Rescue Vessel Currently Under Construction in the Amount of $72,385.65 - Chris Byrne, Fire Chief, Fire Rescue Department City of Marco Island Fire Chief Chris Byrne explained the benefits of the proposed technology upgrade, and he addressed several questions from members of the Council. No members of the public came forward to offer comment. MOTION by Councilor Irwin, seconded by Councilor Blonna, that Authorization for the City Manager to Execute a Change Order to Metal Shark Boats for Technology Improvements to the Fire Rescue Vessel Currently Under Construction in the Amount of $72,385.65, be Approved. MOTION CARRIED BY THE FOLLOWING COUNCIL VOTE: Yes: 7- Councilor Blonna, Vice-Chair Brechnitz, Councilor Folley, Councilor Irwin, Councilor Palumbo, Councilor Rola and Chair Grifoni d. ID 24-3431 Award of Contract to Cardinal Contractors, Inc. for the Construction of the Biologically Active Filter (BAF) Improvements Located at the Source Water Facility in the Amount of $9,822,100 - Jeffrey E. Poteet, General Manager, Water & Sewer Department City of Marco Island Water & Sewer Department General Manager Jeff Poteet, along with Mr. Joe Elarde, Project Manager with Jacobs Engineering Group, outlined the improvements gained by implementing the proposed biologically active filter system for the City of Marco Island. No members of the public came forward to offer comment. MOTION by Councilor Palumbo, seconded by Councilor Folley, that Authorization for the City Manager to Award a Contract to Cardinal Contractors, Inc. for the Construction of the Biologically Active Filter (BAF) Improvements Located at the City of Marco Island Florida Page 6 City Council Meeting Minutes - Final February 20, 2024 Source Water Facility in the Amount of $9,822,100.00, be Approved. MOTION CARRIED BY THE FOLLOWING COUNCIL VOTE: Yes: 7- Councilor Blonna, Vice-Chair Brechnitz, Councilor Folley, Councilor Irwin, Councilor Palumbo, Councilor Rola and Chair Grifoni e. ID 24-3437 Approve an Amendment to the Unity Park Foundation Charitable Agreement, Casey Lucius, Ph.D., Assistant City Manager Assistant City Manager Casey Lucius outlined and explained the rationale for the request by the donor Foundation, and she addressed questions raised by members of the Council. No members of the public came forward to offer comment. MOTION by Councilor Irwin, seconded by Councilor Palumbo, that the Amendment to the Unity Park Foundation Charitable Agreement be Approved. MOTION CARRIED BY THE FOLLOWING COUNCIL VOTE: Yes: 7- Councilor Blonna, Vice-Chair Brechnitz, Councilor Folley, Councilor Irwin, Councilor Palumbo, Councilor Rola and Chair Grifoni f. ID 24-3433 Candidate Review for the Ad Hoc Business Development & Redevelopment Committee - Joan Taylor, City Clerk City Clerk Joan Taylor updated the Council on the candidate applications received for the subject ad hoc committee, and she addressed several questions from members of the Council. No members of the public came forward to offer comment. MOTION by Councilor Palumbo, seconded by Councilor Blonna, that All Seven Proposed Candidates for Appointment to the Ad Hoc Business Development and Redevelopment Committee, be Approved. MOTION CARRIED BY THE FOLLOWING COUNCIL VOTE: Yes: 7- Councilor Blonna, Vice-Chair Brechnitz, Councilor Folley, Councilor Irwin, Councilor Palumbo, Councilor Rola and Chair Grifoni 13. Items Removed from the Consent Agenda No items were removed from the Consent Agenda for further discussion by the Council at this meeting. 14. Council Communications & Future Agenda Councilor Folley referenced the parking and permit approval difficulties raised by the Marco Island Model Yacht Club's Commodore during Citizens' Comments earlier in the meeting, and City Manager McNees advised the Council that a proposed solution is at hand. Councilor Folley also confirmed with Marco Island Police Chief Tracy Frazzano the expiration of the City's current agreement with the City's Police Union, and he recommended that the Council initiate its planning and preparation for its upcoming labor negotiation. Councilor Palumbo expressed his support for a solution to the concerns raised by the Commodore of the Marco Island Model Yacht Club, and he encouraged all Americans to unite around an effort to rein in the country's growing Federal fiscal deficit. Councilors Folley and Brechnitz offered their perspectives on this topic. Chair Grifoni called the Council's attention to an effort by Collier County District Commissioner Burt City of Marco Island Florida Page 7 City Council Meeting Minutes - Final February 20, 2024 Saunders to redefine the composition of Collier County's governing body. Seeing a potential reduction of representation for the citizens of Marco Island under the alternatives advanced by Commissioner Saunders, Chair Grifoni recommended that the Council and Marco Island's residents be prepared to make its voice heard as this issue advances through the County Commission process. ID 23-3096 Future Agenda Items No new items were proposed for the Council's Future Agenda at this meeting. 15. Council Reports ID 24-3435 The Utility of Tracking Available Density/Dwelling Units - Councilor Rich Blonna Councilor Blonna shared his learning from an intensive investigation into the classification and tracking of density units by zoning category, and he concluded that sufficient density units currently exist to accommodate the City's workforce/affordable housing direction without exceeding the City's total density maximum. Motion To Extend The Meeting MOTION by Councilor Blonna, seconded by Councilor Palumbo, to extend the City Council meeting to conclude no later than 9:35 P.M. MOTION CARRIED BY UNANIMOUS COUNCIL CONSENT. Yes: 7- Councilor Blonna, Vice-Chair Brechnitz, Councilor Folley, Councilor Irwin, Councilor Palumbo, Councilor Rola and Chair Grifoni 16. City Manager's Report None. 17. City Attorney's Report ID 23-3097 City Attorney’s Report City Attorney Alan Gabriel updated the Council on the status of his firm's filing of a Form 6 injunctive relief request in Federal court in Miami and Florida State Court in Leon County on behalf of 26 municipalities and 74 elected officials in the State of Florida. Additionally, City Attorney Gabriel requested, and received, Council consent to file a public nuisance complaint with the Collier County Circuit Court against the property owners of 910 Ship Court to compel their compliance and action in addressing long-standing City code violations at that address. 18. Departmental Reports ID 23-3098 Monthly Departmental Reports and Floodplain Management Progress Report No comments or questions were raised regarding the Monthly Department Reports or the Floodplain Management Progress Report. 19. Citizens' Comments No members of the public came forward to address the Council during this portion of the agenda. City of Marco Island Florida Page 8 City Council Meeting Minutes - Final February 20, 2024 20. Adjournment There being no further business before the Council, Chair Grifoni adjourned the meeting at 9:35 P.M. ___________________________ Jared Grifoni, Council Chair ATTEST: ____________________________________ Joan Taylor, City Clerk PREPARED BY: ___________________________ Jim Kornas, Recording Specialist City of Marco Island Florida Page 9