City Council

City of Marco Island Florida 51 Bald Eagle Drive Marco Island, Florida cityofmarcoisland.com Meeting Minutes - Final Monday, September 23, 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 23, 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 was present at Roll Call via remote Zoom teleconference connection) Also Present Michael McNees, City Manager (via Zoom teleconference connection beginning at 5:39 P.M.) Casey Lucius, Assistant City Manager Joan Taylor, City Clerk Alan L. Gabriel, City Attorney Tracy Frazzano, Police Chief Mathew Marshall, Deputy Fire Chief Guillermo Polanco, Finance Director Daniel J. Smith, Community Affairs Director Jose Duran, Information Technology Director Leslie Sanford, Human Resources Manager Martin Luna, Video/Broadcast Technician Jim Kornas, Recording Specialist Citizens and Visitors 3. Invocation Offered by the Reverend Matt White of the Wesley United Methodist Church. 4. Pledge of Allegiance Led by Chair Grifoni. Motion to Allow for Remote Participation by Councilor Folley MOTION by Councilor Irwin, seconded by Vice-Chair Brechnitz, to allow Councilor Folley to participate in, and vote on, all eligible matters coming before the Council. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: Yes: 6- Councilor Blonna, Vice-Chair Brechnitz, Councilor Irwin, Councilor Palumbo, Councilor Rola and Chair Grifoni 5. Approval of the Agenda MOTION by Councilor Blonna, seconded by Councilor Palumbo, that the 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 6. Public Hearing - Adoption of the Tentative FY2024-2025 Millage Rate & Budget a. ID 24-3740 Resolution - Adopting the Final FY2025 Millage Rate - City of Marco Island City of Marco Island Florida Page 1 City Council Meeting Minutes - Final September 23, 2024 - Guillermo Polanco, Director, Finance City Clerk Joan Taylor read Resolution 24-55 into the record by title only. City of Marco Island Finance Director Guillermo Polanco 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. The first hearing in compliance with the TRIM statute was conducted on September 9, 2024. To comply with the TRIM regulations, 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 proposed final millage rate is the rolled back rate of 1.2400 mils for City operations. Finance Director Polanco briefly outlined the factors that are included in the calculation of the proposed millage rate. At each hearing, prior to adoption of the millage levy resolution, the following must be announced: 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 taxing 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 Councilor Folley, seconded by Councilor Palumbo, that Resolution 24-55 - Adopting the Final FY 2025 Millage Rate for the City of Marco Island, 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 24-3741 Resolution - Adopting the Final FY2025 Budget - City of Marco Island - Guillermo Polanco, Director, Finance City Clerk Joan Taylor read Resolution 24-56 into the record by title only. City of Marco Island Finance Director Guillermo Polanco noted that Resolution 24-56 will approve the City's FY 2025 budget, and includes all operating funds, including the General Fund, the Water & Sewer Utility Fund, the Building Services Fund, and all of the City's capital and debt service funds. City Attorney Alan Gabriel reminded the Council that the budget approval before the Council only provides for the funding of the items included within it, and does not provide for use or any approval of those items. Vice-Chair Brechnitz raised concern with the apparent insufficiency in the City's Land Development Code and current ordinances regarding the legality of operating public transportation buses in all zoning districts on the Island. Councilor Blonna requested that funding, either in current FY 2024 or the future FY 2025 budget, be allocated to replace the flagpole at Winterberry Park. City of Marco Island Florida Page 2 City Council Meeting Minutes - Final September 23, 2024 Eighteen (18) individuals registered to address the Council on the inclusion of $206,000.00 in the FY 2025 budget to fund a three month, public transportation "bus/trolley" pilot program early in calendar year 2025. The following individuals expressed their opposition to the pilot program's funding: 1) Mr. Julio Terrasi (Cyrus St.) 2) Mr. Stephen J. Gray (N. Collier Blvd.) 3) Ms. Deborah Heeran (Biscayne Way) 4) Ms. Christina Riha (Cyrus St.) 5) Ms. Sheelah Yawitz (N. Collier Blvd.) 6) Mr. John Martini (Nassau Ct.) 7) Ms. Ashley Jenkins (3rd Ave. N., Naples) 8) Ms. Victoria Myers (Bluebonnet Ct.) 9) Ms. Cindy Sheppelman (Treasure Ct.) 10) Mr. Dan Marzano (Seaview Ct.) 11) Mr. Stephen Servente (Leland Way) 12) Mr. Jim Krizman (S. Joy Cir.) 13) Mr. Mario Curiale (Eubanks Ct.) The following individuals expressed their support for funding the pilot program: 1) Mr. Daniel High (Jamaica Ct.) 2) Mr. Martin Winter (Perrine Ct.) 3) Ms. Megan Greer (Kentucky St., Bonita Springs) 4) Mr. Ryan Sullivan (S. Heathwood Dr.) The following individual registered to address the Council on this matter, but withdrew prior to voicing her comments: Ms. Marcy Pitzi (S. Collier Blvd.) In response to many of the questions and concerns raised by members of the public, Councilor Blonna, as the sponsor of the proposed "bus/trolley" pilot program, cited recommendations from: 1) the 2017 Ad Hoc Parking Solutions Committee; 2) the 2021 Summit on Future Infrastructure Planning held at the Marco Beach Resort, and; 3) the results of the 2022 City of Marco Island Citizens Survey, as key inputs considered in developing this proposed pilot program. Councilor Blonna also outlined eight (8) key metrics that will be collected by Collier Area Transit Authority during the term of the pilot program. MOTION by Councilor Palumbo, seconded by Councilor Blonna, that Resolution 24-56 - Adopting the Final FY 2025 Budget for the City of Marco Island, be Approved. MOTION CARRIED BY THE FOLLOWING COUNCIL VOTE: Yes: 4- Councilor Blonna, Councilor Irwin, Councilor Palumbo and Chair Grifoni No: 3- Vice-Chair Brechnitz, Councilor Folley and Councilor Rola c. ID 24-3742 Resolution - Adopting the Final FY2025 Millage Rate - Hideaway Beach Special Taxing District - Guillermo Polanco, Director, Finance City Clerk Joan Taylor read Resolution 24-57 into the record by title only. City of Marco Island Finance Director Guillermo Polanco announced the following: City of Marco Island Florida Page 3 City Council Meeting Minutes - Final September 23, 2024 1. The name of the taxing authority is the 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 their May 16, 2024 meeting, has recommended a tax levy of 1.6000 mil 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 Vice-Chair Brechnitz, seconded by Councilor Blonna, that Resolution 24-57 - Adopting the Final FY 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 24-3743 Resolution - Adopting the Final FY2025 Budget - Hideaway Beach Special Taxing District - Guillermo Polanco, Director, Finance City Clerk Joan Taylor read Resolution 24-58 into the record by title only. City of Marco Island Finance Director Guillermo Polanco requested the Council's action to adopt the proposed budget. No members of the public came forward to offer comment. MOTION by Vice-Chair Brechnitz, seconded by Councilor Irwin, that Resolution 24-58 - Adopting the Final 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 23-3160 Approval of the City Council Meeting Minutes of September 9, 2024 MOTION by Councilor Blonna, seconded by Vice-Chair Brechnitz, that the City Council Meeting Minutes of September 9, 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 Vice-Chair Brechnitz requested that Consent Agenda Item 8b (Resolution - Appointment of Mr. Al Schettino as the Fifth Trustee to the Police Pension Board) be removed from the Consent Agenda. [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 Palumbo, seconded by Councilor Blonna, that the Consent Agenda be Approved as Amended. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: City of Marco Island Florida Page 4 City Council Meeting Minutes - Final September 23, 2024 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 24-3735 Renewal of Employee Insurance Plans - Leslie W. Sanford, Human Resources Manager c. ID 24-3853 Dissolution of Interlocal Agreements between Collier County Public Schools and City of Marco Island regarding Tommie Barfield Elementary School Baseball Field, and Agreement between Marco Island Academy and City of Marco Island regarding Tommie Barfield Elementary School Baseball Field - Casey Lucius, Ph.D., Assistant City Manager 9. Proclamations and Presentations ID 24-3851 Presentation - C-HAWQ (Coastal Habitat and Water Quality) Initiative Proposal for Waterways Sediment Dredging - Zach W. Lombardo, Woodward, Pires & Lombardo Messrs. Zach Lombardo, Attorney, Woodward, Pires & Lombardo, P.A., Dan Davies, Owner, Earthwerks Land Improvement & Development Corporation, Jonathan Koepke, President, ENCAP, Inc., and Chad Washburn, Director of Conservation and Education, Naples Botanical Garden, presented a conceptual public-private partnership to dredge the Island's inland waterways and create new, sustainable vegetation/natural habitat "mini-islands" on Marco Island. No members of the public came forward to offer comment. Following the presentation and responses to questions raised by members of the Council, Chair Grifoni communicated the Council's interest in exploring the proposed concept, and he asked the presenters to construct and submit a detailed proposal to the City Staff. (THE MEETING WENT INTO RECESS AT 8:12 P.M. IT IS NOTED FOR THE RECORD THAT ALL COUNCILORS WERE PRESENT WHEN THE MEETING RECONVENED AT 8:18 P.M.) 10. Citizens' Comments on Items Not Scheduled for Public Hearing and Items Other Than Those Appearing on the Agenda Mr. Ralph Rohena (Begonia Ct.) presented historical background, and a September 4, 2024 letter of support from United States Congressman Byron Donalds, in requesting that Marco Island recognize all World War II Merchant Mariners in future City of Marco Island Memorial Day and Veterans Day activities. Mr. Jonathan Gelman (5th Ave.) requested Council support to endorse a modification to the City of Marco Island's current ordinance to allow the parking of one (1) boat and its accompanying trailer on properties in the City's residential districts. Mr. Rob White (Rainbow Ct.) commented on the nature of neighbor-to-neighbor communications on Marco City of Marco Island Florida Page 5 City Council Meeting Minutes - Final September 23, 2024 Island, and he attempted a live demonstration of an app that he believes can help address the problem. 11. Quasi-Judicial Public Hearing None. 12. Ordinances A. Public Hearings ID 24-3840 Ordinance - Second 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 Community Affairs Director Daniel Smith reviewed the Council's action on the proposed rezone petition request at its First Reading of the Ordinance, and Attorney Noah Davies, who represented the Applicant at the First and Second Readings of this Ordinance, provided comment on behalf of the Applicant. [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 Mr. Eduardo Ravera (Java Ct.) registered to comment on this matter and ceded his time to Ms. Mary Moore (Java Ct.) Ms. Mary Moore (Java Ct.), on behalf of residents adjacent to the subject commercial property, reiterated support of the Applicant's request as she shared at the First Reading of this Ordinance on September 9, 2024. She requested that the Applicant's project team make a public statement of the Applicant's commitment to work with nearby residents in identifying and installing acceptable mitigation barriers to protect the residential owners' interests. Attorney Noah Davies responded to Ms. Moore's request. MOTION by Vice-Chair Brechnitz, seconded by Councilor Irwin, that Ordinance 24-16 - Rezone Petition (REZN-24-000105) Request to Rezone from C-1/C-1T Commercial to C-3 Commercial for the Property Located at 531 South Collier Boulevard, Marco Island, Florida 34145, be Approved on Second Reading. MOTION CARRIED BY THE FOLLOWING COUNCIL VOTE: Yes: 6- Councilor Blonna, Vice-Chair Brechnitz, Councilor Folley, Councilor Irwin, Councilor Rola and Chair Grifoni B. First Readings None. 13. Resolutions & City Council Items None. City of Marco Island Florida Page 6 City Council Meeting Minutes - Final September 23, 2024 14. Items Removed from the Consent Agenda 8b. ID 24-3811 Resolution - Appointment of Mr. Al Schettino as the Fifth Trustee, to the Police Officers’ Pension Plan Board - Joan Taylor, City Clerk City Clerk Joan Taylor read Resolution 24-59 into the record by title only. Vice-Chair Brechnitz noted his reason for requesting the removal of this item from the Consent Agenda, and the Council, along with the City Attorney, engaged in a discussion of the Council's responsibilities in reviewing and approving this appointment. The Council decided to postpone action on the proposed appointment to a future scheduled meeting of the Council (October 21, 2024). No members of the public came forward to offer comment. 15. Council Communications & Future Agenda Councilor Irwin thanked all of the residents and guests who came to voice their comments on the "bus/trolley" pilot program and other issues earlier in the meeting, and she requested that the City Staff investigate and develop a recommendation regarding the citizen request to amend the City's ordinance regarding boat and trailer parking in residential neighborhoods. Councilor Palumbo advised the Council of his engagement with members of American Legion Post 404 in his attempt to find common ground on the inclusion of World War II Merchant Mariner recognition in Marco Island's future Memorial Day and Veterans Day activities. He also proposed providing the City Manager with a limited, one-time budget to recognize and celebrate the contributions of the City's employees. Later, during Council Communications, Councilor Palumbo conveyed his trust in relying on the experts on matters of Land Development Code and City Ordinance interpretation. Vice-Chair Brechnitz amplified on his comments during the Council's consideration of Agenda Item 6b (Adopting the Final FY 2025 Budget) earlier in the meeting by encouraging the Council be more aware of the effects of inconsistent enforcement of the City's Land Development Code and ordinances. Chair Grifoni reminded the Council of the need to nominate new Marco Island City Council representatives to the Collier County Tourist Development Council and the Metropolitan Planning Organization prior to his and Councilor Folley's exit from the Marco Island City Council. Chair Grifoni noted that the City of Marco Island Police Department is the last remaining police force in Southwest Florida not outfitted with body cams, and he encouraged the next City Council to consider funding this technology after the 2025 Fiscal Year. Chair Grifoni concluded his remarks by observing the likelihood of Tropical Cyclone Nine developing into a hurricane in the Gulf of Mexico, and he advised the Council that a declaration of a State of Emergency for the City of Marco Island may soon be enacted. ID 23-3161 Future Agenda Items Councilor Folley indicated his intention to bring a "Council Report" item to a future meeting of the Council regarding proposed Florida Amendment 4. City Attorney Alan Gabriel indicated his intention to have an updated City Manager employment contract prepared for the Council's review and approval at its next meeting. City of Marco Island Florida Page 7 City Council Meeting Minutes - Final September 23, 2024 16. Council Reports None. Motion to Extend The Meeting MOTION by Councilor Palumbo, seconded by Councilor Irwin, to extend the City Council Meeting to conclude no later than 9:35 P.M. MOTION CARRIED BY COUNCIL CONSENSUS. 17. City Manager's Report City Manager Mike McNees shared several observations regarding the commitment of his colleague municipal and county managers to explore and find ways to improve the operation of their government units whenever he attends professional gatherings and conferences. Assistant City Manager Casey Lucius updated the Council on the most recent forecast of Tropical Cyclone Nine's impending impact to the communities of Southwest Florida. 18. City Attorney's Report ID 23-3162 City Attorney’s Report City Attorney Alan Gabriel reminded the Council of its City Charter-directed process and timetable under which to identify and select a candidate to fill Council Folley's City Council vacancy upon his resignation on November 5, 2024. 19. Departmental Reports ID 23-3163 Monthly Departmental Reports No comments or questions were raised regarding the Monthly Department Reports. 20. Citizens' Comments Mr. Mario Curiale (Eubanks Ct.) shared his observations regarding Marco Island's early adoption of Collier County's Land Development Code and the need for all members of the community to work together to protect and preserve the most cherished characteristics of the Island. 21. Adjournment There being no further business before the Council, Chair Grifoni adjourned the meeting at 9:32 P.M. ___________________________ Jared Grifoni, Council Chair ATTEST: ____________________________________ Joan Taylor, City Clerk City of Marco Island Florida Page 8 City Council Meeting Minutes - Final September 23, 2024 PREPARED BY: ___________________________ Jim Kornas, Recording Specialist City of Marco Island Florida Page 9