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City Council

Regular Meeting

Marco Island, FL · August 1, 2024

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Minutes

City of Marco Island Florida 51 Bald Eagle Drive Marco Island, Florida cityofmarcoisland.com Meeting Minutes - Final Thursday, August 1, 2024 1:00 PM Special-Called Meeting 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 August 1, 2024 1. Call to Order Chair Grifoni brought the special-called meeting to order at 1:00 P.M. 2. Roll Call Present: 5- Councilor Blonna, Vice-Chair Brechnitz, Councilor Folley, Councilor Palumbo and Chair Grifoni Not Present: 1- Councilor Irwin Absent: 1- Councilor Rola (Note: Councilor Irwin arrived at 1:29 P.M.) Also Present CITY STAFF: Michael McNees, City Manager Casey Lucius, Assistant City Manager Joan Taylor, City Clerk David Tolces, City Attorney Tracy Frazzano, Police Chief Keith Richter, Code Enforcement Supervisor Chris Byrne, Fire Chief Daniel Zunzunegui, Fire Marshall Daniel J. Smith, Community Affairs Director Martin Luna, Video/Broadcast Technician Jim Kornas, Recording Specialist OTHERS: Jeff Katims, Consultant - Research Director, GFK 3. Ordinance - First Reading ID 24-3699 Ordinance - First Reading - Revised Municipal Code of Ordinances - Jeff Katims, Consultant - Research Director, GFK At Chair Jared Grifoni's request, City Clerk Joan Taylor read Ordinance 24-15 into the record by title only. Vice-Chair Brechnitz and Councilor Blonna requested clarification on several process and procedural elements related to the Council's pre-meeting review of the provided documentation, as well as the role and responsibility of the City Staff in updating the City's Code of Ordinances in the future. Mr. Jeff Katims, Consultant - Research Director, GFK, responded to the Councilors' inquiries, and he provided an overview of the project Scope of Work and the timeline under which this project unfolded. During the course of the review and discussion, the following was confirmed: CHAPTER 1 GENERAL PROVISIONS, ARTICLE III. Officers and Employees, DIVISION 2. City Manager: The text that was stricken from Section 2-85 (Supervision of Departments) is not eliminated, but rather is removed as redundant to the duties of the City Manager as identified in the City's Charter. City of Marco Island Florida Page 1 City Council Meeting Minutes - Final August 1, 2024 CHAPTER 1 GENERAL PROVISIONS, ARTICLE III. Officers and Employees, DIVISION 4. City Clerk: Section 2-121 (Office Established; Duties) (7): "The City Clerk shall serve as the Secretary for the Board of Directors of the Marco Island Community Parks Foundation", was confirmed. CHAPTER 2 (ADMINISTRATION), ARTICLE I. IN GENERAL: Section 2-31 (Induction of Members into Office: Oath) No modifications were made to the existing text. CHAPTER 4 ALCOHOLIC BEVERAGES, ARTICLE I. IN GENERAL: Section 4-10 (Unlawful Acts in Establishments) (1) & (2): The desciptor "any female person" was confirmed. CHAPTER 6 (BUILDINGS AND BUILDING REGULATIONS), ARTICLE VI. POST-DISASTER REDEVELOPMENT PLAN: Section 6-179 (Emergency Repairs and Emergency Permitting) (a) Emergency repairs, (1)(b): The description "covering exterior wall openings with plywood or plastic sheeting" was clarified to include "sheetrock" as an allowed material. CHAPTER 18 (ENVIRONMENT), ARTICLE IV. NOISE CONTROL: Section 18-105 (Specifically Prohibited Activities): The City Staff was directed to confirm that the proposed modifications to this Section were ministerial only and do not result in any substantive change to the Code. CHAPTER 18 (ENVIRONMENT), ARTICLE V. ENDANGERED, THREATENED OR LISTED SPECIES PROTECTION: Section 18-144 (Activities Within Protection Zones): No changes were made to current text. The City Staff, however, was directed to engage with responsible State/Federal agencies to confirm the recommended perimeter protection zones for affected species, and to return with recommendations for modifications to the existing Code. CHAPTER 18 (ENVIRONMENT), ARTICLE VIII. STORMWATER REGULATIONS: Section 18-211 (Definitions): The definition of "Swale" as written was confirmed. CHAPTER 38 (PLANNING), ARTICLE III. DEVELOPMENT AGREEMENTS: Section 38-71 (Title of Article) No modification was made to the existing text. CHAPTER 42 (STREETS, SIDEWALKS AND OTHER PUBLIC PLACES), ARTICLE I. GENERAL: Section 42-36 (Duty of Abutting Property Owners to Construct and Maintain Sidewalks) (a) (1): Vacant lots: No modification was made to the existing text. The City Staff was directed to review this Section and engage the Council on any future proposed modifications to this Section of the Code. The City Staff was directed to continuously monitor changes to State statutes and regulations that impact the City's Code of Ordinances to implement administrative (not policy) changes, with the advice and input of the City's legal counsel, to maintain the Code's alignment with those statutes and regulations. The City Staff was further directed to advance recommended modifications to the City's Code of Ordinances on matters of substance or policy change as they occur for the review and approval of the Marco Island City Council before enactment in the City's Code of Ordinances. MOTION by Vice-Chair Brechnitz, seconded by Councilor Irwin, that Ordinance 24-15 - Revised Municipal Code of Ordinances, be Approved on First Reading. MOTION CARRIED BY THE FOLLOWING COUNCIL VOTE: Yes: 6- Councilor Blonna, Vice-Chair Brechnitz, Councilor Folley, Councilor Irwin, Councilor Palumbo and Chair Grifoni City of Marco Island Florida Page 2 City Council Meeting Minutes - Final August 1, 2024 4. Public Comment Ms. Lynn Nathanson (Bluebonnet Ct.) expressed her concern that the First Reading of the Revised Municipal Code of Ordinances might result in substantive changes to the City's ordinances relative to the modes and methods of public transportation on the Island. Mr. Stephen Gray (N. Collier Blvd.) communicated his belief that the 353 page document of the Revised Municipal Code of Ordinances should have been made available to the public several weeks prior its First Reading before the Council. Ms. Vicky Myers (Bluebonnet Ct.) shared her concern that Chapter 4 (Alcoholic Beverages), Article II. (Locational Restrictions for Establishments Involving On-Premises Consumption) of the Revised Code of Ordinances was substantively changed by the wording modifications proposed in Section 4-32. City Council Chair Jared Grifoni, City Attorney David Tolces, and City Manager Mike McNees all affirmed, separately and individually, that the changes proposed and adopted on this First Reading of Ordinance 24-15 were not intended to, nor did they in fact, alter the meaning or intent of the City's existing Code of Ordinances. Chair Grifoni thanked Councilor Folley for encouraging and championing the Council and City Staff's initiative to streamline the City's Code of Ordinances for the benefit of the City and its citizens. 5. Adjournment There being no further business before the Council, Chair Grifoni adjourned the special-called meeting at 1:58 P.M. ___________________________ Jared Grifoni, Council Chair ATTEST: ____________________________________ Joan Taylor, City Clerk PREPARED BY: ___________________________ Jim Kornas, Recording Specialist City of Marco Island Florida Page 3

Agenda

51 Bald Eagle Drive City of Marco Island Florida Marco Island, Florida cityofmarcoisland.com Meeting Agenda - Final 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: David Tolces City Clerk: Joan Taylor Thursday, August 1, 2024 1:00 PM Community Meeting Room Special-Called Meeting 1. Call to Order 2. Roll Call 3. Ordinance - First Reading ID 24-3699 Ordinance - First Reading - Revised Municipal Code of Ordinances - Jeff Katims, Consultant - Research Director, GFK Attachments: Ordinance 24-15 First Reading Memorandum First Reading Draft 4. Public Comment [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.] 5. Adjournment City of Marco Island Florida Page 1 Printed on 7/26/2024 City Council Meeting Agenda - Final August 1, 2024 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 at 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. Marco Island City Council Rules of Decorum The City of Marco Island is committed to the First Amendment principal of free speech and to full and open discussion of the City’s business in open forum. It also recognizes that in order to ensure meetings of the City Council are conducted in a manner that allows the business of the City to be effectively conducted, and ensures that members of the public can be heard in a fair, impartial and respectful manner, that reasonable rules based on time, place, and manner of that speech are in order. The members of the Marco Island City Council, employees of the City of Marco Island, and citizen participants are expected to reflect proper decorum and treat each other with courtesy and respect as follows: • The City Council Chair is in control of the meeting at all times. The Chair is granted wide discretion to interpret and enforce these rules of decorum and other City Council Policies and Procedures. • When recognized by the Chair, citizen participants will address all comments to the Chair, speaking from the designated podium. No individual shall make slanderous, disparaging or unduly repetitive remarks. • Only those persons who have signed for a particular item of business will be given the opportunity to speak. Exceptions may be granted at the sole discretion of the Chair. • Demonstrations in the form of clapping, applauding, heckling or other verbal outbursts in support or in opposition to a speaker during his or her remarks are not permitted. Such demonstrations between speakers may be further limited by the Chair should they serve to disrupt the orderly conduct of the meeting. • For the safety of all in the chambers, signs, placards, or anything blocking sightlines, entrances, exits or aisles in the City Council Chambers are not permitted. • No more than one person may stand in the aisles or at the dais. Individuals waiting to be recognized shall wait in an area designated by the City. Persons exiting the council chambers shall do so quietly. • Anyone who violates these Rules of Decorum may forfeit their right to speak and may be asked to leave or cease their public comment at the discretion of the Chair. Citizen Comment on Consent Agenda Items • Items listed under Consent Agenda are viewed to be routine and the recommendation will be enacted by one motion. If discussion is desired by the Council, the item(s) will be removed from the Consent Agenda and will be considered separately. City of Marco Island Florida Page 2 Printed on 7/26/2024 City Council Meeting Agenda - Final August 1, 2024 • Anyone wishing to comment on any item on the Consent Agenda should submit a Speakers Request Card before these item(s) are considered. Each speaker is limited to three (3) minutes on any item removed from the Consent Agenda. City of Marco Island Florida Page 3 Printed on 7/26/2024

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