City Council

City of Marco Island Florida 51 Bald Eagle Drive Marco Island, Florida cityofmarcoisland.com Meeting Minutes - Final Monday, November 18, 2024 5:30 PM Community Meeting Room City Council Chair: TBD Vice-Chair: Erik Brechnitz City Council: Stephen Gray, Tamara Goehler, Deb Henry, Darrin Palumbo, Bonita Schwan City Manager: Mike McNees Assistant City Manager: Casey Lucius City Attorney: David Tolces City Clerk: Joan Taylor City Council Meeting Minutes - Final November 18, 2024 Swearing in of Councilors-Elect - The Honorable Judge Chris Brown Vice-Chair Erik Brechnitz called on City Clerk Joan Taylor to call forward the newly-elected City Council members to be sworn in by the Honorable Chris Brown, Circuit Court Judge of Collier County. Following Ms. Taylor's introduction of Judge Brown, Judge Brown congratulated the newly-elected Council members and administered the oath of office to Ms. Tamara Goehler, Mr. Stephen Gray, Ms. Deb Henry, and Ms. Bonita Schwan. A warm round of applause of congratulations followed from all who were in attendance. Vice-Chair Brechnitz then offered each new Councilor the opportunity to briefly address their fellow Councilors and members of the community who were in attendance. 1. Call to Order Vice-Chair Brechnitz called the meeting to order at 5:38 P.M. 2. Roll Call Present: 6- Vice-Chair Brechnitz, Councilor Gray, Councilor Goehler, Councilor Henry, Councilor Palumbo and Councilor Schwan Also Present Michael McNees, City Manager Casey Lucius, Assistant City Manager Joan Taylor, City Clerk Robert Meyers, 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 Jose Duran, Information Technology Director Joe Parrilli, Fleet & Facilities Manager Heather Reed, Fleet & Facilities Coordinator Martin Luna, Video/Broadcast Technician Jim Kornas, Recording Specialist Citizens and Visitors 3. Invocation Offered by Pastor Casey Nolin of The Family Church of Marco Island. 4. Pledge of Allegiance Led by Vice-Chair Brechnitz. 5. Election of Chair and Vice-Chair ID 24-3689 Election of Chair and Vice-Chair Vice-Chair Brechnitz opened the process for Councilor nominations to the position of Chair of the Marco Island City Council, and he offered an opportunity for each nominator and nominee to comment prior to the City of Marco Island Florida Page 1 City Council Meeting Minutes - Final November 18, 2024 Council's vote. MOTION by Councilor Gray nominating current Vice-Chair Brechnitz to the position of Chair of the Marco Island City Council. MOTION FAILED BY THE FOLLOWING COUNCIL VOTE: Yes: 3- Vice-Chair Brechnitz, Councilor Gray and Councilor Goehler No: 3- Councilor Henry, Councilor Palumbo and Councilor Schwan MOTION by Councilor Henry nominating Councilor Schwan to the position of Chair of the Marco Island City Council. MOTION FAILED BY THE FOLLOWING COUNCIL VOTE: Yes: 3- Councilor Henry, Councilor Palumbo and Councilor Schwan No: 3- Vice-Chair Brechnitz, Councilor Gray and Councilor Goehler Following the failure of both Motions for Chair, Vice-Chair Brechnitz re-opened the floor for nominations to the position of Chair of the Marco Island City Council. MOTION by Councilor Schwan nominating Councilor Henry as Chair of the Marco Island City Council. MOTION FAILED BY THE FOLLOWING COUNCIL VOTE: Yes: 3- Councilor Henry, Councilor Palumbo and Councilor Schwan No: 3- Vice-Chair Brechnitz, Councilor Gray and Councilor Goehler MOTION by Councilor Palumbo nominating Councilor Schwan as Chair of the Marco Island City Council. MOTION FAILED BY THE FOLLOWING COUNCIL VOTE: Yes: 3- Councilor Henry, Councilor Palumbo and Councilor Schwan No: 3- Vice-Chair Brechnitz, Councilor Gray and Councilor Goehler Vice-Chair Brechnitz sought and received advice from City Attorney Robert Meyers on the Council's responsibility to conduct business in light of the inability of the Council to elect a Chair. He then again solicited nominations from the Council for the position of Chair of the City Council of Marco Island. MOTION by Councilor Goehler nominating current Vice-Chair Brechnitz as Chair of the Marco Island City Council. MOTION FAILED BY THE FOLLOWING COUNCIL VOTE: Yes: 3- Vice-Chair Brechnitz, Councilor Gray and Councilor Goehler No: 3- Councilor Henry, Councilor Palumbo and Councilor Schwan Motion To Proceed With the Agenda Vice-Chair Brechnitz entertained a Motion to proceed with the Agenda. MOTION by Councilor Gray, seconded by Councilor Goehler, that the Council's advancement through the Agenda of the November 18, 2024 City Council Meeting, be Approved. MOTION CARRIED BY THE FOLLOWING COUNCIL VOTE: Yes: 4- Vice-Chair Brechnitz, Councilor Gray, Councilor Goehler and Councilor Schwan No: 2- Councilor Henry and Councilor Palumbo 6. Approval of the Agenda City of Marco Island Florida Page 2 City Council Meeting Minutes - Final November 18, 2024 MOTION by Councilor Gray, seconded by Councilor Schwan, that the Agenda be Approved. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: Yes: 6- Vice-Chair Brechnitz, Councilor Gray, Councilor Goehler, Councilor Henry, Councilor Palumbo and Councilor Schwan 7. Approval of the Minutes ID 23-3217 Approval of the City Council Meeting Minutes of November 4, 2024 MOTION by Councilor Gray, seconded by Councilor Henry, that the City Council Meeting Minutes of November 4, 2024, be Approved. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: Yes: 6- Vice-Chair Brechnitz, Councilor Gray, Councilor Goehler, Councilor Henry, Councilor Palumbo and Councilor Schwan 8. Approval of Consent Agenda MOTION by Councilor Henry, seconded by Councilor Schwan, that the Consent Agenda be Approved. MOTION CARRIED BY THE FOLLOWING COUNCIL VOTE: Yes: 6- Vice-Chair Brechnitz, Councilor Gray, Councilor Goehler, Councilor Henry, Councilor Palumbo and Councilor Schwan [Approval of the Consent Agenda Passed the Routine Items Listed Below] a. ID 24-3934 Resolution - Authorizing the City Manager to Execute a Contract with Ten-8 Fire & Safety, LLC. for the Acquisition of Self-Contained Breathing Apparatus and Authorizing the Execution of a Tax-Exempt Lease Agreement for an Amount not to Exceed $555,970.30 - Chris Byrne, Fire-Rescue Chief, Fire-Rescue Department b. ID 24-3949 Authorize the City Manager to Execute a Change Order to Contract #2022-003 with Advanced Environmental Laboratories, Inc. to Provide for Monthly Surface Water Quality Testing of City Waterways for Nutrients and Quarterly Testing for Potentially Toxigenic Cyanobacteria (Algae) With a Total Annual Cost of $83,416.00 per year. - Justin Martin, Public Works Department. 9. Proclamations and Presentations None. 10. Citizens' Comments on Items Not Scheduled for Public Hearing and Items Other Than Those Appearing on the Agenda Ms. Margaret Hackett (Butterfield Ct.) shared her experience in accessing public dog park facilities in Naples, and she requested an update on her request for wheelchair access to the Canine Cove Dog Park which she initiated with the Parks & Recreation Department of Marco Island. Ms. Fiona Winter (Perrine Ct.) offered her congratulations to the newly-elected members of the Council, and shared a video highlighting the opportunity for families battling breast cancer to participate in Little City of Marco Island Florida Page 3 City Council Meeting Minutes - Final November 18, 2024 Pink Houses of Hope, a national non-profit organization. Ms. Dianna Dohm, Executive Director of the Marco Island Chamber of Commerce, congratulated the new Council members on their election, and she shared her organization's support of Councilor Palumbo's nomination to the Collier County Tourist Development Council. Mr. Mario Curiale (Eubanks Ct.) expressed his best wishes to the newly-elected City Council body, and he encouraged the Council members to come together in identifying housing solutions that will allow young people to continue to find affordable accommodations on the Island. Mr. Randy Egan (Bonita Ct.) congratulated all members of the newly-comprised Council, and he challenged them to listen to one another and seek unity in representing the citizens of Marco Island. 11. Quasi-Judicial Public Hearing ID 24-3950 Resolution - Utility Easement Vacation (LV-24-000196) Request to Vacate the Utility and Drainage Easements for Property Located at 1610 Briarwood Court, Marco Island, FL 34145 City of Marco Island Recording Specialist Jim Kornas read Resolution 24-68 into the record by title only. At the request of Vice-Chair Brechnitz, City Attorney Robert Meyers swore in all parties who indicated an intention to provide witness or testimony, and each Council member conveyed a verbal ex parte disclosure related to the Applicant's appeal. City of Marco Island Community Affairs Director Daniel Smith provided a description of the Applicant's easement vacation request, and he addressed questions from members of the Council. No members of the public came forward to offer comment. MOTION by Councilor Palumbo, seconded by Councilor Henry, that Resolution 24-68 - Utility Easement Vacation (LF-24-000196) Request to Vacate the Utility and Drainage Easements for the Property Located at 1610 Briarwood Court, Marco Island, FL 34145, be Approved. MOTION CARRIED BY THE FOLLOWING COUNCIL VOTE: Yes: 6- Vice-Chair Brechnitz, Councilor Gray, Councilor Goehler, Councilor Henry, Councilor Palumbo and Councilor Schwan 12. Ordinances None. 13. Resolutions & City Council Items a. ID 24-3830 Approval of the Proposed 2025 Schedule of Regular City Council Meetings - Joan Taylor, City Clerk The Council briefly discussed the Council rules regarding the establishment of a quorum to conduct business, along with the procedure to allow for remote participation by members of the Council. Discussion regarding the number and timing of Council meetings during the month of December and through the summer (July - August, 2025) was also addressed. The originally proposed December, 2025 City Council Meeting date was modified from 12/1/2025 to City of Marco Island Florida Page 4 City Council Meeting Minutes - Final November 18, 2024 12/8/2025. No members of the public came forward to offer comment. MOTION by Councilor Palumbo, seconded by Councilor Gray, that the 2025 Schedule of Regular City Council Meetings be Approved as Amended. MOTION CARRIED BY THE FOLLOWING COUNCIL VOTE: Yes: 6- Vice-Chair Brechnitz, Councilor Gray, Councilor Goehler, Councilor Henry, Councilor Palumbo and Councilor Schwan b. ID 24-3954 Resolution - Amending the Existing Growth Management Fee Schedule Related to Development Review - Daniel J. Smith, AICP, Director, Community Affairs/Growth Management City Clerk Joan Taylor read Resolution 24-69 into the record by title only. Marco Island Community Affairs Director Daniel Smith briefly outlined the modifications to the Growth Management Fee Schedule related to redevelopment projects on Marco Island. No members of the public came forward to offer comment. MOTION by Councilor Gray, seconded by Councilor Palumbo, that Resolution 24-69 - Amending the Existing Growth Management Fee Schedule Related to Development Review, be Approved. MOTION CARRIED BY THE FOLLOWING COUNCIL VOTE: Yes: 6- Vice-Chair Brechnitz, Councilor Gray, Councilor Goehler, Councilor Henry, Councilor Palumbo and Councilor Schwan c. ID 24-3952 Update on Bids for Pickleball Phase 1 Project- Joe Parrilli, Manager, Fleet & Facilities Assistant City Manager Casey Lucius introduced Fleet & Facilities Manager Joe Parrilli to update the Council on the contractor bids submitted for the Marco Island Racquet Center Pickleball Phase I Project, and to explain the City's rationale for requesting that the Council reject the bids submitted for this effort. Public Comment Mr. Tim Clune (Collier Blvd.) expressed his disappointment with the delay in advancing this Project, and he requested that the Council direct the City Staff to divert the original budget into a specific Marco Island Racquet Center Pickleball Phase I Project Fund rather than return it to the City's General Fund. Mr. Doug Kelly (N. Barfield Dr.) noted that the effort to convert more courts to exclusive pickleball use at the Marco Island Racquet Center has been a four year endeavor, and he urged the Council to keep the funds allocated to the project and to scale back the scope of the project to fit within the existing allocated budget. Mr. Mario Curiale (Eubanks Ct.) conveyed his belief that it is unfair to expect the four newly-elected Councilors to vote on issues for which they have no history or background. He further expressed his belief that City money spent on a facility that benefits only a minor segment of the Marco Island community should be re-directed toward projects that benefit a larger portion of the community. MOTION by Councilor Palumbo, seconded by Councilor Schwan, that the City Staff recommendation to reject both bids for the Marco Island Racquet Center Pickleball Phase I Project, be Approved. MOTION CARRIED BY THE FOLLOWING COUNCIL VOTE: City of Marco Island Florida Page 5 City Council Meeting Minutes - Final November 18, 2024 Yes: 6- Vice-Chair Brechnitz, Councilor Gray, Councilor Goehler, Councilor Henry, Councilor Palumbo and Councilor Schwan d. ID 24-3953 Interlocal Agreement for Transit Services (Trolley) Between Collier County and the City of Marco Island - Casey Lucius, Ph.D., Assistant City Manager Assistant City Manager Casey Lucius reviewed the budget history of the proposed Trolley Pilot Program, and she outlined the estimated cost and next steps for the City in approving the proposed interlocal agreement for this transit service program between Collier County and the City of Marco Island. Public Comment Mr. Stephen Rakoczy (Seaview Ct.) welcomed the new Councilors to the City Council, and he asked that the new Council be open to listening to, and acting in accord with, the expressed needs of the Marco Island community. Mr. Randy Harris (Collier Blvd.) noted that the concept of a bus Trolley had been repeatedly rejected by the residents over the past five years. He pointed to the proposed pilot program's lack of clear success evaluation metrics, and he requested that the Council reject the proposed interlocal agreement. Ms. Laurie Harris (Collier Blvd.) shared her observations on the recent City Council election and the proposed Trolley Pilot Program, and she conveyed her belief that the budget initially allocated for the proposed Pilot Program could be better spent elsewhere on the Island. Mr. Julio Terrasi (Cyrus St.) thanked the Council for its re-consideration of the Trolley Pilot Program, and he expressed his disappointment that the Council was unsuccessful in electing a Chair for the City Council earlier in the meeting. Ms. Pam Gill (N. Collier Blvd.) shared her appreciation for the "hard job" that members of the Council face in carrying out their responsibilities as City Councilors. She communicated her opposition to the Trolley Pilot Program as well as her appreciation for the work of the Marco Island Police Department and its Chief. Mr. John Martini (Nassau Rd.) shared a number of issues raised by an attorney acquaintance relative to the implementation of a Trolley Program on Marco Island, and he enumerated several potential liabilities that it could raise for the City of Marco Island. He urged the Council to vote "No" on the proposed interlocal agreement. Mr. Joe Oliverio (Caxambas Ct.) proposed that the Council refrain from commissioning costly design studies on City projects before definitively confirming that the budget allocated toward those projects are sufficient to complete them. Mr. Mario Curiale (Eubanks Ct.) expressed his concern with the pedestrian safety aspects of increasing the number of visitors to the Island, and he requested that the Council focus on alleviating the Island's parking issues. MOTION by Councilor Palumbo, that the Interlocal Agreement for Transit Services (Trolley) Between Collier County and Marco Island, be Approved. MOTION FAILED FOR LACK OF A SECOND. e. ID 24-3831 Reappointment Process for City Council Vacancy - Joan Taylor, City Clerk City Clerk Joan Taylor highlighted the provisions under Section 3.05 of the City Charter related to the appointment of replacement Councilors to complete the terms of Councilors who resign, and she reviewed a proposed process and timetable for receiving and reviewing applications with the goal of selecting a City of Marco Island Florida Page 6 City Council Meeting Minutes - Final November 18, 2024 seventh Council member at the Council's next scheduled meeting on December 9, 2024. No members of the public came forward to offer comment. The Council endorsed the proposed process and timetable, discussed the possibility of direct Council appointment without candidate self-nomination and formal application should no self-nominated candidate be deemed appropriate, and requested that the City Staff extend the self-nomination/application process to conclude by close of business on Friday, November 22, 2024. f. ID 24-3832 Proposed Marco Island Legislative Priorities - Casey Lucius, Ph.D., Assistant City Manager Assistant City Manager Casey Lucius outlined the timetable for review of the City's legislative priorities with the Collier County Legislative Delegation in anticipation of the 2025 State Legislative Session, and she reviewed the detail of each proposed legislative priority for the Council's consideration. Public Comment Mr. David Crain (Gayer Way) offered his perspective on the importance of the Marco Island Tide Levelling and Canal Flushing Project, and he reminded the Council of a technology being tested by Monroe County, Florida to improve the water quality in dead end canals. MOTION by Councilor Palumbo, seconded by Councilor Henry, that the proposed City of Marco Island priorities for the 2025 State Legislative Session, be Approved. MOTION CARRIED BY THE FOLLOWING COUNCIL VOTE: Yes: 6- Vice-Chair Brechnitz, Councilor Gray, Councilor Goehler, Councilor Henry, Councilor Palumbo and Councilor Schwan g. ID 24-3955 Discussion - Swale Parking in the Old Marco Area - Daniel J. Smith, AICP, Director- Community Affairs City Community Affairs Director Daniel Smith reviewed the current parking condition in the Old Marco area, summarized the Planning Board's recommendation on this issue, and explained the Council's options going forward. Public Comment Mr. David Crain (Gayer Way) reminded the Council of past assurances that "No Parking" signs would be installed, and he encouraged the Council to take immediate action consistent with the Planning Board's recommendation. MOTION by Councilor Palumbo, seconded by Councilor Goehler, that the City Staff proposal to: 1) immediately prohibit parking in all unimproved swale areas north of Old Marco Lane; 2) proceed with a scheduled Neighborhood Information Meeting to solicit neighborhood resident input, and; 3) develop and propose standards and criteria for swale parking Island-wide, be Approved. MOTION CARRIED BY THE FOLLOWING COUNCIL VOTE: Yes: 4- Vice-Chair Brechnitz, Councilor Gray, Councilor Goehler and Councilor Palumbo No: 2- Councilor Henry and Councilor Schwan 14. Items Removed from the Consent Agenda No items were removed from the Consent Agenda at this meeting. City of Marco Island Florida Page 7 City Council Meeting Minutes - Final November 18, 2024 15. Council Communications & Future Agenda Councilor Schwan raised discussion regarding the application of Roberts Rules of Order and the City Council's Rules & Procedures. City Attorney Robert Meyers provided clarification on the hierarchy and precedence of both standards in conducting Council business. Councilor Palumbo offered his congratulations to the newly-elected Councilors, and he conveyed his anticipation of working together for the benefit of the entire Marco Island community. Councilor Gray alerted the Council to his intention to submit a White Paper for future Council discussion on the topic of "Advisory Committee Eligibility". Vice-Chair Brechnitz requested that the City Attorney review the City's fee for allowing individuals to request revisions to the Comprehensive Plan to ascertain its consistency with State law. ID 23-3218 Future Agenda Items Councilor Gray requested that his White Paper discussion on "Advisory Committee Eligibility" be placed on the Council's Future Agenda. Vice-Chair Brechnitz requested that the City Attorney's review, opinion, and recommendation regarding the City's fee for requested revisions to the Comprehensive Plan be placed on the Council's Future Agenda. 16. Council Reports None. 17. City Manager's Report City Manager Mike McNees welcomed all of the new and returning Councilors, and he pledged the City Staff's cooperation to help the Council achieve success. 18. City Attorney's Report City Attorney Robert Meyers briefly clarified the responsibilities of the Council in electing a Chair and Vice-Chair as outlined in the City's Charter. 19. Departmental Reports ID 24-3945 Monthly Departmental Reports No comments or questions were raised regarding the Departmental Reports. 20. Citizens' Comments Mr. Peter Rigas (Amber Dr.) expressed his opinions regarding the implied desires of the electorate in voting in four new members to the Marco Island City Council. Ms. Teri Sommerfeld (San Marco Rd.) offered her observations regarding the recent history of the Council, City projects, and the impact of a "residents vs. business" perspective. Mr. Michael Josephs (Wintergreen Ct.) welcomed and thanked the new Council, and he offered a suggested alternative for Council consideration to help address the traffic and parking conditions on the Island. City of Marco Island Florida Page 8 City Council Meeting Minutes - Final November 18, 2024 Mr. Mario Curiale (Eubanks Ct.) voiced his support for the development of a consistent, Island-wide swale parking policy for Marco Island. 21. Adjournment There being no further business before the Council, Vice-Chair Brechnitz adjourned the meeting at 8:56 P.M. ___________________________ Erik Brechnitz, Council Vice-Chair ATTEST: ____________________________________ Joan Taylor, City Clerk PREPARED BY: ___________________________ Jim Kornas, Recording Specialist City of Marco Island Florida Page 9