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City Council

Regular Meeting

Marco Island, FL · September 9, 2024

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Minutes

City of Marco Island Florida 51 Bald Eagle Drive Marco Island, Florida cityofmarcoisland.com Meeting Minutes - Final Monday, September 9, 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 September 9, 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 (Note: Councilor Folley participated remotely via Zoom teleconference connection) Motion to Allow for Remote Participation by Councilor Folley MOTION by Vice-Chair Brechnitz, seconded by Councilor Palumbo, to allow Councilor Folley to participate in, and vote on, all allowable matters coming before the Council at this meeting. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: Yes: 6- Councilor Blonna, Vice-Chair Brechnitz, 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 Guillermo Polanco, Finance Director Daniel J. Smith, Community Affairs Director Justin Martin, Public Works Director (participated via Zoom teleconference connection) Jose Duran, Information Technology Director Jeff Poteet, Water & Sewer General Manager Angela Johenning, Purchasing & Risk Manager Mary Holden, Senior Planner Sonia Iszler, Water & Sewer Engineering & Operations Manager Samantha Malloy, Parks, Culture & Recreation Manager Martin Luna, Video/Broadcast Technician Jim Kornas, Recording Specialist Citizens and Visitors 3. Invocation Offered by Rabbi Mark Gross of the Jewish Congregation of Marco Island. 4. Pledge of Allegiance Led by Chair Grifoni. 5. Approval of the Agenda Councilor Blonna requested that Agenda Item 13f. (Recommendation by the Parks and Recreation Advisory Committee to Install a Merchant Marine Flag in Veterans' Community Park) be the first item reviewed under Agenda Item 13 (Resolutions and City Council Items). City of Marco Island Florida Page 1 City Council Meeting Minutes - Final September 9, 2024 MOTION by Councilor Irwin, seconded by Councilor Blonna, 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. Public Hearing - Adoption of Tentative FY2024-2025 Millage Rate & Budget a. ID 24-3736 Resolution - Adopting the Tentative FY2025 Millage Rate - City of Marco Island - Guillermo Polanco, Director, Finance City Clerk Joan Taylor read Resolution 24-48 into the record by title only. City Finance Director Guillermo Polanco then announced that Section 200.065, Florida Statutes, governs the budget adoption process. The Truth in Millage (“TRIM”) statute establishes a detailed timeline and approval process that requires two public hearings held in the month of September, and separate actions for establishing the tax levy, and for approving the annual budget. To comply with the TRIM regulations, the City Council is required to take separate actions in a specified order. At each of the public hearings, the public may speak and ask questions before Council adopts any measures. Council must then adopt a millage rate before it adopts a budget. The millage rate and budget must be adopted by separate votes at the advertised hearing. The final millage rate adopted at the second hearing cannot exceed the tentatively adopted millage rate. The Second Hearing for the City of Marco Island's adoption of the tentative FY 2024 - 2025 millage rate and budget is scheduled for September 23, 2024 in the Marco Island Community Meeting Room at 5:30 P.M. The proposed tentative millage rate is the rolled back rate of 1.2400 mils for City operations. Any change approved by City Council will be reflected in the resolution adopting the final millage rate. 1. The name of the principal taxing authority is the City of Marco Island, Florida. 2. The current year aggregate rolled-back rate is 1.3189 mils. 3. The current year proposed aggregate millage rate is 1.3217 mils. 4. The change over the aggregate rolled-back rate is an increase of .21 percent. 5. The millage rate to be levied is 1.2400 mils for City of Marco Island. 6. The City has a dependent special district, and the Board of Supervisors of the Hideaway Beach Special Taxing District, at their May 17, 2024 meeting, recommended a tax levy of 1.600 mil for district operations. No members of the public came forward to offer comment. MOTION by Vice-Chair Brechnitz, seconded by Councilor Palumbo, that Resolution 24-48 - Adopting the Tentative FY 2025 City of Marco Island Millage Rate, 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 24-3737 Resolution - Adopting the Tentative FY2025 Budget - City of Marco Island - Guillermo Polanco, Director, Finance City Clerk Joan Taylor read Resolution 24-49 into the record by title only. City Finance Director Guillermo Polanco noted that the Resolution before the Council would formally adopt the fiscal year 2025 budget, and is in compliance with the Section 200.065 Truth in Millage ("TRIM") statute. City of Marco Island Florida Page 2 City Council Meeting Minutes - Final September 9, 2024 Finance Director Polanco further noted that included in this Resolution is the approval of the Water & Sewer Fund, which does not propose increased rates for the 2025 fiscal year. Following the initial Motion and Second to adopt the FY 2025 budget as presented, Vice-Chair Brechnitz advanced a Motion to amend the proposed FY 2025 budget. Under the advice of City Attorney Alan Gabriel, Chair Jared Grifoni opened the floor to public comment, and, following the comments offered by members of the public, put the proposal to amend the FY 2025 budget to a vote of the Council prior to addressing the initial Motion and Second to adopt the FY 2025 budget as presented. Public Comment The following individuals voiced opposition to the inclusion of $206,000.00 in the proposed FY 2025 budget to fund a three month, in-season Collier Boulevard beach corridor and on-Island circular transit bus / trolley pilot program during FY 2025: 1) Ms. Laurie Harris (N. Collier Blvd.) 2) Mr. Randy Harris (N. Collier Blvd.) 3) Ms. Sheila Yahwitz (N. Collier Blvd.) 4) Ms. Lynn Nathanson (Bluebonnet Ct.) 5) Mr. Steve Rahoczy (Seaview Ct.) 6) Ms. Christine Dowell (Biscayne Way) 7) Ms. Victoria Myers (Bluebonnet Ct.) 8) Mr. Dan Marzano (Seaview Ct.) 9) Mr. Howard Reed (Royal Marco Way) The following individual, as a member of the Collier County Public Transit Advisory Committee, shared her Committee's perspective on engaging with local communities to identify solutions to reduce traffic density. Ms. Benita Staadecker (Water Oaks Way, Naples) MOTION by Vice-Chair Brechnitz, seconded by Councilor Folley, to Amend the Tentative FY 2025 City of Marco Island Budget by removing the $206.000.00 Currently Allocated as a line item for a Collier Boulevard Beach Corridor and on-Island Public Transit Circulator Pilot Program . MOTION FAILED BY THE FOLLOWING COUNCIL VOTE: Yes: 3- Vice-Chair Brechnitz, Councilor Folley and Councilor Rola No: 4- Councilor Blonna, Councilor Irwin, Councilor Palumbo and Chair Grifoni MOTION by Councilor Blonna, seconded by Councilor Palumbo, that Resolution 24-49 - Adopting the Tentative Fiscal Year 2025 Budget, be Approved. MOTION CARRIED BY THE FOLLOWING COUNCIL VOTE: Yes: 5- Councilor Blonna, Councilor Folley, Councilor Irwin, Councilor Palumbo and Chair Grifoni No: 2- Vice-Chair Brechnitz and Councilor Rola c. ID 24-3738 Resolution - Adopting the Tentative FY2025 Millage Rate - Hideaway Beach Special Taxing District - Guillermo Polanco, Director, Finance City Clerk Joan Taylor read Resolution 24-50 into the record by title only. City of Marco Island Florida Page 3 City Council Meeting Minutes - Final September 9, 2024 City Finance Director Guillermo Polanco advised the Council that the tentative millage being considered for the Hideaway Beach Taxing District is 1.600 mils for District operations. Any change approved by the City Council will be reflected on Second Reading. Required public hearing announcements will be made prior to consideration of the Resolution, and not repeated. 1. The name of the taxing authority is Hideaway Beach District. 2. The current year rolled-back rate is 1.5509 mils. 3. The Hideaway Beach District is a dependent special district of the City, and the Board of the Hideaway Beach Special Taxing District, at its May 16, 2024 meeting, has recommended a tax levy of 1.6000 mils for district operations, an increase of 3.2% above the rolled back rate. No members of the public came forward to offer comment. MOTION by Councilor Blonna, seconded by Vice-Chair Brechnitz, that Resolution 24-50 - Adopting the Tentative Fiscal Year 2025 Millage Rate for the Hideaway Beach Special Taxing District, 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 24-3739 Resolution - Adopting the Tentative FY2025 Budget - Hideaway Beach Special Taxing District - Guillermo Polanco, Director, Finance City Clerk Joan Taylor read Resolution 24-51 into the record by title only. No questions were directed to City Finance Director Polanco by members of the Council, and no members of the public came forward to offer comment. Vice-Chair Brechnitz noted that this tax levy is only applied to, and paid by, owners of property within the Hideaway Beach community. MOTION by Councilor Blonna, seconded by Councilor Irwin, that Resolution 24-51 - Adopting the Tentative FY 2025 Budget for the Hideaway Beach Special Taxing District, 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 7. Approval of the Minutes ID 23-3157 Approval of the City Council Meeting Minutes of August 19, 2024 MOTION by Councilor Irwin, seconded by Councilor Palumbo, that the City Council Meeting Minutes of August 19 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 8. Approval of Consent Agenda Councilor Rola requested that Agenda Item 8d. (Award of Contract to Thomas Marine Construction, Inc. for the Repair of the West Winterberry Drive Bridge) be removed from the Consent Agenda. City of Marco Island Florida Page 4 City Council Meeting Minutes - Final September 9, 2024 [Editorial Note: the Council's action on this item is now reflected under Agenda Item 14 (Items Removed From the Consent Agenda)] MOTION by Councilor Blonna, seconded by Vice-Chair Brechnitz, that the Consent 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 [Approval of the Consent Agenda Passed the Routine Items Listed Below] a. ID 24-3779 Authorize the City Manager to Execute a Change Order to C.A.P Government, Inc. for Purchase Order for Municipal Support Inspection Services in the Amount not to exceed $80,000.00 (Original PO $13,440) - Raul Perez, Chief Building Official, Building Services b. ID 24-3818 Authorize the City Manager to Execute a Purchase Order Change Order to Bentley Electric Company of Naples FL., Inc. for Street Light Maintenance Services in the Amount of $61,000 (Original PO $45,555) - Justin Martin, P.E., Director, Public Works c. ID 24-3819 Authorize the City Manager to Issue a Purchase Order to Titan Concrete & Utilities, Inc., for the Stormwater Pipe Replacement at 275 S. Heathwood Drive in the Amount of $96,300.00, using the City Public Infrastructure Construction Services Contract 2023-029 - Justin Martin, P.E., Director of Public Works 9. Proclamations and Presentations a. ID 23-3321 Employee Service Awards: Fidencio Mireles - 10 Years City Manager Mike McNees recognized and called forward Mr. Fidencio Mireles of the City's Water & Sewer Department to receive his appreciation of service recognition certificate and pin as presented by City Council Chair Jared Grifoni. Mr. Mireles received a warm round of applause from all present. b. ID 24-3747 Proclamation - Hunger Action Month September 2024 City Council Chair Jared Grifoni announced a Proclamation declaring September 2024 as Hunger Action Month and presented it to Ms. Evelyn Rosetti-Ryan, Executive Director, and representatives of the Our Daily Bread Food Pantry of Marco Island. Ms. Rosetti-Ryan shared a brief expression of appreciation, and she received a warm round of applause from all present. 10. Citizens' Comments on Items Not Scheduled for Public Hearing and Items Other Than Those Appearing on the Agenda Mr. Phil Kostelnik (Channel Ct.) offered a brief moment of silence in recognition of the forthcoming anniversary of the September 11, 2001 World Trade Center tragedy, and he shared his perspective on various immigration-related issues in the country. Ms. Wanda Burson and Mr. Erik Condee of the Marco Island Christmas Island Style Committee reminded the Council of this volunteer organization's 37 year history on Marco Island, and they proposed a potential alternative for the City's annual rental of Holiday lighting along Collier Boulevard. City of Marco Island Florida Page 5 City Council Meeting Minutes - Final September 9, 2024 Ms. Yvette Benarroch (Rose Ct.) thanked her volunteers and the voters of Marco Island for supporting her candidacy for the Florida House of Representatives District 81 seat during this year's Primary Election season. Ms. Christine Dowell (Biscayne Way) expressed her belief that the City should increase its advanced notification of known water projects and water service interruptions for the benefit of residents whose medical conditions may require them to make alternative arrangements. 11. Quasi-Judicial Public Hearing None. 12. Ordinances A. Public Hearings ID 24-3789 Ordinance - Second Reading - Revised Municipal Code of Ordinances - Jeff Katims, Consultant, Research Director, GFK City Clerk Joan Taylor read Ordinance 24-15 into the record by title only. Assistant City Manager Casey Lucius provided an explanation for the removal of the fines and fees schedules from the body of Ordinance 24-15, and she clarified the 2024 fiscal year expense impact of the project. No members of the public came forward to offer comment. MOTION by Councilor Blonna, seconded by Councilor Palumbo, that Ordinance 24-15 - Revised Municipal Code of Ordinances, be Approved on Second Reading. 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. First Readings ID 24-3822 Ordinance - First Reading - Rezone (REZN-24-000105) Petition Request to Rezone from C-1/C-1T Commercial to C-3 Commercial for Property Located at 531 South Collier Boulevard, Marco Island, FL 34145 - Mary P. Holden, Planning Manager, Community Affairs/Growth Management City Clerk Joan Taylor read Ordinance 24-16 into the record by title only. City of Marco Island Senior Planner Mary Holden outlined the details of the proposed rezoning petition, and she noted that no new density was being added as a result of this rezoning request. [Note: Councilor Palumbo, citing his business partner relationship with the Applicant, filed State of Florida Form 8B and recused himself from voting on this rezoning request] Public Comment City of Marco Island Florida Page 6 City Council Meeting Minutes - Final September 9, 2024 Ms. Mary Moore (Java Ct.) spoke for herself and on behalf of Mr. & Mrs. Eduardo Ravera (Java Ct.) and other nearby residential property owners expressing trust in the Applicant's promised actions to mitigate the effect of the development and business operations of this commercial property prior to, and after, the completion of its construction. She reinforced the nearby residential property owners' desire to be included in the planning of this rezoned commercial property's mitigation elements. Attorney Noah Davies, on behalf of the Applicant, assured the Council that his client would continue to solicit the participation and input of nearby residential property owners in the planning of this commercial property's mitigation elements. MOTION by Councilor Folley, seconded by Councilor Irwin, that Ordinance 24-16 - Rezone Petition Request (REZN-24-000105) to Rezone from C-1/C-1T Commercial to C-3 Commercial for the Property Located at 531 South Collier Boulevard, Marco Island, FL 34145, be Approved on First Reading. MOTION CARRIED BY THE FOLLOWING COUNCIL VOTE: Yes: 6- Councilor Blonna, Vice-Chair Brechnitz, Councilor Folley, Councilor Irwin, Councilor Rola and Chair Grifoni 13. Resolutions & City Council Items a. ID 24-3815 Resolution - Adopting a Schedule of Fees, Deposits and Surety Amounts Pertaining to Registration of Lawn and Landscape Maintenance Professionals, Administration of Nuisance Abatement Actions, Applications for Cable Telecommunication Services Franchises, Establishment of Utility Accounts, Inspection of Grease Traps and Interceptors, Registration and Inspection of Grease Haulers, Applications for Alternative Water and Sewer Impact Fees, and Agreements for Developer Water and Sewer Contribution Credit - Jeff Katims, Consultant, Research Director, GFK City Clerk Joan Taylor read Resolution 24-52 into the record by title only. No members of the public came forward to offer comment. MOTION by Councilor Palumbo, seconded by Councilor Folley, that Resolution 24-52 - Adopting a Schedule of Fees, Deposits, and Surety Amounts Pertaining to Registration of Lawn and Landscape Maintenance Professionals, Administration of Nuisance Abatement Actions, Applications for Cable Telecommunication Services Franchises, Establishment of Utility Accounts, Inspection of Grease Traps and Interceptors, Registration and Inspection of Grease Haulers, Applications for Alternative Water and Sewer Impact Fees, and Agreements for Developer Water and Sewer Contribution Credit, 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 24-3816 Resolution - Adopting an Updated Schedule of Civil Penalties & Fines for Enforcement of the City’s Code of Ordinances Utilizing the Civil Violation Citation Procedure - Jeff Katims, Consultant, Research Director, GFK City of Marco Island Florida Page 7 City Council Meeting Minutes - Final September 9, 2024 City Clerk Joan Taylor read Resolution 24-53 into the record by title only. No members of the public came forward to offer comment. MOTION by Councilor Palumbo, seconded by Councilor Irwin, that Resolution 24-53 - Adopting an Updated Schedule of Civil Penalties & Fines for Enforcement of the City's Code of Ordinances Utilizing the Civil Violation Citation Procedure, 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 24-3817 Resolution - Adopting Updated Civil Penalties and Fines for Enforcement of the City's Code of Ordinances Utilizing the Notice of Violation Procedure - Jeff Katims, Consultant, Research Director, GFK City Clerk Joan Taylor read Resolution 24-54 into the record by title only. No members of the public came forward to offer comment. MOTION by Vice-Chair Brechnitz, seconded by Councilor Palumbo, that Resolution 24-54 - Adopting Updated Civil Penalties and Fines for Enforcement of the City's Code of Ordinances Utilizing the Notice of Violation Procedure, 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 24-3813 Award of Contract to Public Risk Insurance Agency (PRIA) in the Amount of $1,424,444 for Property, Casualty, and Excess Worker’s Compensation Insurance Coverage - Angela Johenning, Purchasing & Risk Manager Purchasing and Risk Manager Angela Johenning briefly summarized the result of the City's June 2024 Request for Proposal (RFP) solicitation, as well the resulting year-over-year premium cost reduction for the City's property, casualty, and excess worker's compensation insurance coverage. City Manager Mike McNees commended Ms. Johenning for her dedication and effort in achieving this significant premium reduction. No members of the public came forward to offer comment. MOTION by Vice-Chair Brechnitz, seconded by Councilor Palumbo, that the Award of Contract to Public Risk Insurance Agency (PRIA) in the Amount of $1,424,444 for Property, Casualty, and Excess Worker's Compensation Coverage, 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 24-3821 Award of Contract to Infinite Construction, LLC for the Marco Island - San Marco Drainage Improvement of $982,703.01 - Justin Martin, P.E., Director, Public Works City of Marco Island Public Works Director Justin Martin, via Zoom teleconference connection, presented and discussed his recommendation to award this contract to Infinite Construction, LLC. He also addressed several questions from members of the Council. City of Marco Island Florida Page 8 City Council Meeting Minutes - Final September 9, 2024 No members of the public came forward to offer comment. MOTION by Councilor Blonna, seconded by Councilor Irwin, that the Award of Contract to Infinite Construction, LLC for the Marco Island San Marco Drainage Improvement Project in the Amount of $982,703.01, 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 24-3814 Recommendation by the Parks and Recreation Advisory Committee to Install a Merchant Marine Flag in Veterans’ Community Park - Samantha Malloy, Manager of Parks, Culture & Recreation City of Marco Island Manager of Parks, Culture & Recreation Samantha Malloy, and Parks and Recreation Advisory Committee (PRAC) Chair Allyson Richards, jointly presented the PRAC's recommendation to install the proposed Merchant Marine flag in Veterans' Community Park among the armed forces service flags in the flag plaza, and to support the recognition of the Merchant Mariners in the City's annual Veterans Day and Memorial Day celebrations. Public Comment The following members of American Legion Post 404, Marco Island shared their perspectives on the proposed flag inclusion: Mr. Lee Rubenstein, Post 404 Commander, (Rialto Way, Naples) Mr. Bruce McDonald (Spinnaker Dr.) Mr. Joe Varano (S. Heathwood Dr.) Ms. Yvette Benarroch (Rose Ct.) The following individual shared his perspective on the proposed flag inclusion: Captain Ralph Rohena, (Begonia Ct.) MOTION by Councilor Irwin, seconded by Councilor Blonna, to Amend the City Staff Recommendation and Direct the City Manager to Identify an Alternate Location and Research the Cost to Accommodate the Future Installation of a Merchant Marine Memorial in Veterans Community Park. 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 g. ID 24-3825 Rejection of Bids for the Tide Leveling - Canal Flushing Improvement Project (ITB 2024-020) - Justin Martin, P.E., Director, Public Works City of Marco Island Public Works Director Justin Martin, via Zoom teleconference connection, presented and explained his recommendation to formally reject the bids received on Canal Flushing Improvement Project ITB 2024-020. No members of the public came forward to offer comment. MOTION by Councilor Folley, seconded by Councilor Palumbo, that Authorization to the City Manager to Reject the Bids for Tide Leveling / Canal Improvement Project ITB 2024-020 be Approved, and that the City Staff be Directed to Seek Additional State Legislative Appropriation Funding for this Project in FY 2025. MOTION CARRIED BY THE FOLLOWING COUNCIL VOTE: City of Marco Island Florida Page 9 City Council Meeting Minutes - Final September 9, 2024 Yes: 7- Councilor Blonna, Vice-Chair Brechnitz, Councilor Folley, Councilor Irwin, Councilor Palumbo, Councilor Rola and Chair Grifoni h. ID 24-3824 Discussion - Naming of City Park Located in the San Marco Planned Unit Development (NCH Property across from City Hall) - Daniel Smith, Director, Community Affairs/Growth Management City of Marco Island Community Affairs Director Daniel Smith outlined the terms of the Agreement between the City of Marco Island and the Planned Unit Development (PUD) owners regarding the development, maintenance, and naming of the subject City Park, and he addressed several questions from members of the Council. No members of the public came forward to offer comment. MOTION by Vice-Chair Brechnitz, seconded by Councilor Blonna, that Authorization for the City Manager and City Staff to engage the Parks and Recreation Advisory Committee (PRAC) in identifying and proposing a name for the 1.87 acre park located within the Planned Unit Development (PUD) located on the northwest corner of the intersection of San Marco Road and Bald Eagle Drive, 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 i. ID 24-3802 City Manager’s Performance Evaluation Members of the Council and City Manager Mike McNees discussed elements of the City Manager Performance Evaluation Tool as it is currently constructed, and they agreed that a review of alternative models for assessing, recording, and communicating the performance of the City Manager should be considered for FY 2025. No members of the public came forward to offer comment. A Council Workshop to develop the City Manager's Goals for FY 2025 is scheduled for Monday, September 16, 2024 in the City of Marco Island Community Meeting Room, beginning at 1:00 P.M. 14. Items Removed from the Consent Agenda 8d. ID 24-3812 Award of Contract to Thomas Marine Construction, Inc. for Repair of the West Winterberry Drive Bridge in the Amount not to Exceed $228,900.00 - Justin Martin, P.E., Director, Public Works Councilor Rola addressed several questions to City Public Works Director Justin Martin regarding the details of this proposed contract, and Director Martin provided clarifying responses. No members of the public came forward to offer comment. MOTION by Vice-Chair Brechnitz, seconded by Councilor Rola, that the Award of Contract to Thomas Marine Construction, Inc. for the Repair of the West Winterberry Bridge in an Amount Not To Exceed $228,900.00, 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 City of Marco Island Florida Page 10 City Council Meeting Minutes - Final September 9, 2024 15. Council Communications & Future Agenda Vice-Chair Brechnitz expressed his appreciation to all who conveyed their condolences on the death of his wife, Nancy. Councilor Palumbo noted that the majority of business owners on the Island are also residents, and that the business community contributes to many local causes that benefit all residents and guests to the Island. Councilor Irwin thanked the residents and guests who expressed their opinions and desires on several issues during the evening, and she encouraged all parties to collaborate in identifying and implementing solutions to address the concerns of the citizens of Marco Island. Councilor Irwin also pointed to Marco Island's consistent ranking as one of the safest cities in Florida, and she thanked the City Staff leadership and its first responders for their dedication in maintaining this standard. Councilor Blonna offered his apologies to Councilor Rola for comments that he made earlier in the meeting. Councilor Folley noted that new Marco Island City Council representatives to the Collier County Metropolitan Planning Organization (MPO) and the Collier County Tourist Development Council (TDC) should be discussed and appointed soon. He also proposed a Future Agenda item regarding proposed Florida State Constitution Amendment 4 (see Future Agenda Items below). Vice-Chair Brechnitz noted that a forthcoming debate regarding all of the proposed Amendments to the Florida State Constitution that are coming before the voters in November is being hosted by the Naples Reagan Club, and that he would share the details of that event with City Clerk Joan Taylor. ID 23-3158 Future Agenda Items Councilor Folley requested that the appointment of new City Council representatives to the Collier County Metropolitan Planning Organization (MPO) and the Collier County Tourist Development Council (TDC) be added to the Council's Future Agenda. Councilor Folley also requested that a discussion and potential City Council Resolution regarding Florida State Constitution Amendment 4 be added to the Council's Future Agenda. 16. Council Reports None. 17. City Manager's Report City Manager Mike McNees reported that: 1) the City's canal water aeration pilot project has gone out to bid, with bids due back to the City on October 4; 2) a unique vendor-initiated proposal regarding canal dredging is slated for review and discussion during an upcoming City Council agenda, and; 3) early indications from the Florida Department of Environmental Protection (FDEP) suggest that a recommendation by that body to "de-list" Marco Island from the list of water bodies impaired for total City of Marco Island Florida Page 11 City Council Meeting Minutes - Final September 9, 2024 phosphorous may be advanced to the Federal Environmental Protection Agency (EPA) Mr. McNees concluded by advising the Council that he will be attending the Council's September 23, 2024 meeting via Zoom remote teleconference connection. Motion To Extend The Meeting MOTION by Vice-Chair Brechnitz, seconded by Chair Grifoni, to extend the City Council Meeting to conclude no later than 9:32 P.M. MOTION CARRIED BY COUNCIL CONSENSUS. 18. City Attorney's Report City Attorney Alan Gabriel confirmed the Council's expectation regarding his attendance at the September 16, 2024 Workshop. 19. Departmental Reports ID 23-3159 Monthly Departmental Reports No Council or public comments were raised regarding the Monthly Department Reports. 20. Citizens' Comments No members of the public came forward to address the Council during this portion of the Agenda. 21. Adjournment There being no further business before the Council, Chair Grifoni adjourned the meeting at 9:30 P.M. ___________________________ Jared Grifoni, Council Chair ATTEST: ____________________________________ Joan Taylor, City Clerk PREPARED BY: ___________________________ Jim Kornas, Recording Specialist City of Marco Island Florida Page 12

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: Alan L. Gabriel City Clerk: Joan Taylor Monday, September 9, 2024 5:30 PM Community Meeting Room 1. Call to Order 2. Roll Call 3. Invocation - Rabbi Mark Gross of Jewish Congregation of Marco Island 4. Pledge of Allegiance 5. Approval of the Agenda 6. Public Hearing - Adoption of Tentative FY2024-2025 Millage Rate & Budget a. ID 24-3736 Resolution - Adopting the Tentative FY2025 Millage Rate - City of Marco Island - Guillermo Polanco, Director, Finance Attachments: Resolution 24-48 DR420 Marco Island Exhibit A b. ID 24-3737 Resolution - Adopting the Tentative FY2025 Budget - City of Marco Island - Guillermo Polanco, Director, Finance City of Marco Island Florida Page 1 Printed on 9/4/2024 City Council Meeting Agenda - Final September 9, 2024 Attachments: Resolution 24-49 Exhibit A FY25 Council Initiative Cover Sheet FY25 Spending Cap FY25 Budget Summary FY25 General Fund FY25 Special Revenue Fund FY25 Enterprise Fund FY25 SAD Funds FY25 Internal Services Fund FY25 Hideaway Beach Tax District FY25 Governmental CIP FY25 Public Works Funding Sources FY25 One-Cent Sales Tax FY25 Water & Sewer CIP FY25 Department Capital Cover Sheet FY25 Consolidated Debt Summary FY25 Fire Pension Fund FY25 Police Pension Fund c. ID 24-3738 Resolution - Adopting the Tentative FY2025 Millage Rate - Hideaway Beach Special Taxing District - Guillermo Polanco, Director, Finance Attachments: Resolution 24-50 DR-420 Hideaway Beach Hideaway Beach Property Tax Map Hideaway Meeting Minutes for 5-16-24 - Draft d. ID 24-3739 Resolution - Adopting the Tentative FY2025 Budget - Hideaway Beach Special Taxing District - Guillermo Polanco, Director, Finance Attachments: Resolution 24-51 7. Approval of the Minutes ID 23-3157 Approval of the City Council Meeting Minutes of August 19, 2024 Attachments: City Council Meeting Minutes of August 19, 2024 8. Approval of Consent Agenda [Approval of Consent Agenda passes all routine items listed below.] a. ID 24-3779 Authorize the City Manager to Execute a Change Order to C.A.P Government, Inc. for Purchase Order for Municipal Support City of Marco Island Florida Page 2 Printed on 9/4/2024 City Council Meeting Agenda - Final September 9, 2024 Inspection Services in the Amount not to exceed $80,000.00 (Original PO $13,440) - Raul Perez, Chief Building Official, Building Services Attachments: Fort Lauderdale Piggy Back Extension thru 5-15-25 b. ID 24-3818 Authorize the City Manager to Execute a Purchase Order Change Order to Bentley Electric Company of Naples FL., Inc. for Street Light Maintenance Services in the Amount of $61,000 (Original PO $45,555) - Justin Martin, P.E., Director, Public Works Attachments: Fully Executed Contract 19-001 c. ID 24-3819 Authorize the City Manager to Issue a Purchase Order to Titan Concrete & Utilities, Inc., for the Stormwater Pipe Replacement at 275 S. Heathwood Drive in the Amount of $96,300.00, using the City Public Infrastructure Construction Services Contract 2023-029 - Justin Martin, P.E., Director of Public Works Attachments: Titan Concrete & Utilities, Inc. Estimate d. ID 24-3812 Award of Contract to Thomas Marine Construction, Inc. for Repair of the West Winterberry Drive Bridge in the Amount not to Exceed $228,900.00 - Justin Martin, P.E., Director, Public Works Attachments: Notice of Intent to Award Bid Tabulation 9. Proclamations and Presentations a. ID 23-3321 Employee Service Awards: Fidencio Mireles - 10 Years b. ID 24-3747 Proclamation - Hunger Action Month September 2024 Attachments: Proclamation 10. 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.] 11. Quasi-Judicial Public Hearing - None City of Marco Island Florida Page 3 Printed on 9/4/2024 City Council Meeting Agenda - Final September 9, 2024 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.) 12. Ordinances A. Public Hearings ID 24-3789 Ordinance - Second Reading - Revised Municipal Code of Ordinances - Jeff Katims, Consultant, Research Director, GFK Attachments: Ordinance 24-15 Exhibit A of Ordinance 24-15 - Revised Municipal Code of Ordinances Business Impact Estimate Affidavit of Publication for Ordinance 24-15 for 9-9-24 Meeting B. First Readings ID 24-3822 Ordinance - First Reading - Rezone (REZN-24-000105) Petition Request to Rezone from C-1/C-1T Commercial to C-3 Commercial for Property Located at 531 South Collier Boulevard, Marco Island, FL 34145 - Mary P. Holden, Planning Manager, Community Affairs/Growth Management Attachments: Ordinance 24-16 Staff Report Application Cover Letter Narrative and Evaluation Criteria Warranty Deed Plat Book 6 Page 59 Environmental Waiver Request Response Letter Email from Mary Holden - 12-21-23 NIM Summary C-1 C-1T Sec. 30-182 Permitted Uses C-3 Sec. 30-222 Permitted Uses City of Marco Island Florida Page 4 Printed on 9/4/2024 City Council Meeting Agenda - Final September 9, 2024 13. Resolutions & City Council Items a. ID 24-3815 Resolution - Adopting a Schedule of Fees, Deposits and Surety Amounts Pertaining to Registration of Lawn and Landscape Maintenance Professionals, Administration of Nuisance Abatement Actions, Applications for Cable Telecommunication Services Franchises, Establishment of Utility Accounts, Inspection of Grease Traps and Interceptors, Registration and Inspection of Grease Haulers, Applications for Alternative Water and Sewer Impact Fees, and Agreements for Developer Water and Sewer Contribution Credit - Jeff Katims, Consultant, Research Director, GFK Attachments: Resolution 24-52 b. ID 24-3816 Resolution - Adopting an Updated Schedule of Civil Penalties & Fines for Enforcement of the City’s Code of Ordinances Utilizing the Civil Violation Citation Procedure - Jeff Katims, Consultant, Research Director, GFK Attachments: Resolution 24-53 c. ID 24-3817 Resolution - Adopting Updated Civil Penalties and Fines for Enforcement of the City's Code of Ordinances Utilizing the Notice of Violation Procedure - Jeff Katims, Consultant, Research Director, GFK Attachments: Resolution 24-54 d. ID 24-3813 Award of Contract to Public Risk Insurance Agency (PRIA) in the Amount of $1,424,444 for Property, Casualty, and Excess Worker’s Compensation Insurance Coverage - Angela Johenning, Purchasing & Risk Manager Attachments: Premium Recapitulation Exhibit A Premiums Renewal Comparison 2024-2025 - RFP 2024-027 e. ID 24-3821 Award of Contract to Infinite Construction, LLC for the Marco Island - San Marco Drainage Improvement of $982,703.01 - Justin Martin, P.E., Director, Public Works Attachments: Notice of Intent to Award Bid Tab f. ID 24-3814 Recommendation by the Parks and Recreation Advisory Committee to Install a Merchant Marine Flag in Veterans’ Community Park - Samantha Malloy, Manager of Parks, Culture & Recreation Attachments: Parks and Recreation Advisory Committee Recommendation g. ID 24-3825 Rejection of Bids for the Tide Leveling - Canal Flushing Improvement Project (ITB 2024-020) - Justin Martin, P.E., Director, Public Works Attachments: Bid Tab City of Marco Island Florida Page 5 Printed on 9/4/2024 City Council Meeting Agenda - Final September 9, 2024 h. ID 24-3824 Discussion - Naming of City Park Located in the San Marco Planned Unit Development (NCH Property across from City Hall) - Daniel Smith, Director, Community Affairs/Growth Management Attachments: Resolution 10-27 - Naming Rights Park location - Arial Park Plan - Equipment i. ID 24-3802 City Manager’s Performance Evaluation Attachments: 2024 Compiled Ratings Exhibit B 2024 Compiled Ratings - Areas of Focus Section 4 - Performance Evaluations 2024 Self Evaluation - City Manager Chairman Grifoni 2024 Vice-Chairman Brechnitz 2024 Councilor Blonna 2024 Councilor Irwin 2024 Councilor Folley 2024 Councilor Rola 2024 Councilor Palumbo 2024 14. Items Removed from the Consent Agenda 15. Council Communications & Future Agenda ID 23-3158 Future Agenda Items Attachments: Future Agenda 9-23-24 16. Council Reports - None 17. City Manager's Report 18. City Attorney's Report - None 19. Departmental Reports ID 23-3159 Monthly Departmental Reports Attachments: Public Works Water & Sewer Police City of Marco Island Florida Page 6 Printed on 9/4/2024 City Council Meeting Agenda - Final September 9, 2024 20. Citizens' Comments [4 minutes per individual – Each individual has one opportunity to speak.] 21. Adjournment City of Marco Island Florida Page 7 Printed on 9/4/2024 City Council Meeting Agenda - Final September 9, 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. • Anyone wishing to comment on any item on the Consent Agenda should submit a Speakers City of Marco Island Florida Page 8 Printed on 9/4/2024 City Council Meeting Agenda - Final September 9, 2024 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 9 Printed on 9/4/2024

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