City Council

City of Marco Island Florida 51 Bald Eagle Drive Marco Island, Florida cityofmarcoisland.com Meeting Minutes - Final Monday, January 6, 2025 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: Alan L. Gabriel City Clerk: Joan Taylor City Council Meeting Minutes - Final January 6, 2025 1. Call to Order Vice-Chair Brechnitz called the meeting to order at 5:30 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 (via Zoom teleconference connection) David Tolces, City Attorney John Wallace, Police Captain Chris Byrne, Fire Chief Guillermo Polanco, Finance Director Daniel J. Smith, Community Affairs Director Jose Duran, Information Technology Director Jeff Poteet, Water & Sewer General Manager Mary Holden, Senior Planner Kelli DeFedericis, Flood Plain Coordinator Martin Luna, Video/Broadcast Technician Jim Kornas, Recording Specialist Citizens and Visitors 3. Invocation Offered by the Reverend Casey Nowlin of The Family Church. 4. Pledge of Allegiance Led by Chair Brechnitz. 5. Approval of the Agenda Chair Brechnitz proposed that Agenda Item #10 (Proclamations and Presentations) be addressed immediately after Agenda Item #5 (Approval of the Agenda). MOTION by Councilor Palumbo, seconded by Councilor Henry, that the Agenda be Approved as Amended. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: Yes: 6- Vice-Chair Brechnitz, Councilor Gray, Councilor Goehler, Councilor Henry, Councilor Palumbo and Councilor Schwan Special Motion to Amend Council Vacancy Selection Process Record Prior to engaging in the selection of a candidate to fulfill the remainder of the term vacated by former Councilor Greg Folley, Councilor Gray raised objection to the following statement contained in Legislative Executive Brief ID 24-3935: "...If an appointment cannot be made from the applicant pool, Council agreed during the November 18, 2024 City Council meeting, that it reserves the right to appoint through Council nominations with Council vote ...". City of Marco Island Florida Page 1 City Council Meeting Minutes - Final January 6, 2025 City Attorney David Tolces noted the right of the Council to pursue whatever process it deems appropriate to select a candidate to fulfill the Council vacancy and, given the administrative nature of this item, indicated that public comment was not required. MOTION by Councilor Gray, seconded by Councilor Goehler, that Legislative File ID 24-3935 be Amended to strike the statement: "... If an appointment cannot be made from the applicant pool, Council agreed during the November 18, 2024 City Council meeting, that it reserves the right to appoint through Council nominations with Council vote...". 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 6. Appointment of City Council Vacancy ID 24-3935 Appointment of City Council Vacancy - Joan Taylor, City Clerk Councilor Henry requested the opportunity to propose a point-based system for scoring and ranking the four, identified Council vacancy candidates. When queried about the potential opportunity to pursue a special public election should the Council be unable to decide upon a single candidate to fill the open City Council seat, Attorney Tolces reminded the Council that it is the Council's responsibility to appoint a candidate, and that no provision in the Charter makes the pursuit of a special general election permissible. MOTION by Councilor Henry, seconded by Councilor Schwan, and as amended with input from Councilor Gray, that the City Council process to select two final candidates proceed with: 1) each City Councilor, on an individual paper ballot, selecting her/his first and second choice from among the four identified candidates; 2) each #1 ranked candidate on each Councilor ballot receiving two (2) points, and each #2 ranked candidate on each Councilor ballot receiving one (1) point; 3) no single candidate may be ranked both #1 and #2 on any individual Councilor ballot, and; 4) that the four candidates be ranked in the order of the number of total points received collectively from all six sitting Councilors to determine the top two candidates, 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 Assistant City Manager Casey Lucius distributed and collected the Councilor paper ballots and, with the assistance of City Attorney David Tolces, tabulated the scores for the four, identified Council candidates. [Editorial Note: Vice-Chair Brechnitz led the Council in addressing other Agenda items while the tabulation process was being completed and verified] At the conclusion of the tabulation process, Assistant City Manager Casey Lucius announced the following results: 1) Mr. David Leaser and Ms. Teri Sommerfeld each received six (6) points; 2) Mr. Daniel Bryant and Mr. Martin Winter each received three (3) points Mr. Leaser, and Ms. Sommerfeld, individually, and after a procedural point of order request by Councilor Palumbo to City Attorney Tolces, were then asked to come forward to share their comments, and to City of Marco Island Florida Page 2 City Council Meeting Minutes - Final January 6, 2025 receive and respond to questions from members of the Council. MOTION by Councilor Gray, seconded by Councilor Goehler, that Ms. Teri Sommerfeld be appointed to 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 Palumbo, seconded by Councilor Schwan, that Mr. David Leaser be appointed to 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 The Council engaged in significant discussion and invited Mr. Daniel Bryant, and Mr. Martin Winter, individually, to come forward to share their qualifications and receive questions from members of the Council. MOTION by Councilor Palumbo, seconded by Councilor Henry that Mr. Martin Winter be appointed to 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 Brechnitz, seconded by Councilor Gray, that Mr. Daniel Bryant be appointed to 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 The Council shared and discussed alternative approaches to resolving its deadlock and received the input offered by a member of the public who registered to address the Council on this item. Public Comment Ms. Lynn Nathanson (Bluebonnet Ct.) expressed support for an Island-wide vote to select the Council's seventh Councilor, and she offered a private citizen funding alternative for the Council's consideration. Failing to reach agreement on the selection of a candidate to fill the seventh Council seat, Vice-Chair Brechnitz moved forward to address the remaining items on the Agenda, and to defer the "Appointment of City Council Vacancy" item to a future meeting of the Council. (THE MEETING WENT INTO RECESS AT 8:00 P.M. IT IS NOTED FOR THE RECORD THAT ALL COUNCILORS WERE PRESENT WHEN THE MEETING RECONVENED AT 8:06 P.M.) City of Marco Island Florida Page 3 City Council Meeting Minutes - Final January 6, 2025 7. Election of Chair and Vice-Chair ID 24-4013 Election of Chair and Vice-Chair This Agenda item was delayed to a future meeting of the City Council. 8. Approval of the Minutes a. ID 24-4010 Approval of the Special-Called Meeting Minutes of December 2, 2024 MOTION by Councilor Gray, seconded by Councilor Palumbo, that the City Council Special-Called Meeting Minutes of December 2, 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 b. ID 24-3967 Approval of the City Council Meeting Minutes of December 9, 2024 MOTION by Councilor Gray, seconded by Councilor Palumbo, that the City Council Meeting Minutes of December 9, 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 9. 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 All Routine Items Listed Below] a. ID 24-4012 Resolution - Collier County Refueling Operations - Chris Byrne, Chief, Fire-Rescue Department b. ID 24-4009 Authorize the City Manager to Execute a Purchase Order to Stryker for the Purchase of One (1) LIFEPAK Cardiac Monitor and One (1) LUCAS Cardiac Compression Device in the Amount not to Exceed $83,057.28 - Chris Byrne, Chief, Fire-Rescue Department c. ID 24-4035 Authorize the Purchase of Storage Area Network from CDWG in the Amount of $214,609.55, Budgeted and Approved in Capital Budget FY25 - Jose Duran, Director, Information Technology d. ID 24-4041 Authorize the City Manager to Execute a Change Order to Quality Enterprises USA Inc. for the Replacement of a 20-inch Pipe and Valves at the Reclaimed Water Production Facility, Currently under Contract, in the Amount of $52,400.00. - Jeffrey Poteet, General Manager, Water & Sewer City of Marco Island Florida Page 4 City Council Meeting Minutes - Final January 6, 2025 Department 10. Proclamations and Presentations a. ID 24-3972 Employee Service Awards: Hafid Oliver - 15 Years City Manager Mike McNees recognized and called forward City of Marco Island Fire Rescue Department employee Hafid Oliver and his family to receive his service recognition certificate and pin as presented by City Council Vice-Chair Erik Brechnitz. Mr. Oliver and his family received a warm round of applause from all present. b. ID 24-3971 Employee of the Fourth Quarter City Manager Mike McNees recognized Water & Sewer Customer Service Representative Emily Iacobucci as the City of Marco Island's "Employee of the Quarter" for the the 4th Quarter of 2024. Ms. Iacobucci received a warm round of applause from all present. 11. Citizens' Comments on Items Not Scheduled for Public Hearing and Items Other Than Those Appearing on the Agenda Ms. Cindy Sheppelman (Treasure Ct.) outlined her perspective on Councilor Schwan's request that she be removed from the body of public attendees at the December 9, 2024 City Council Meeting. Ms. Sheppelman requested an apology from Councilor Schwan. Ms. Christine Dowell (Biscayne Way) raised concern with her perceived lack of City and Council transparency in allowing and approving large dollar expenditure items under the Consent Agenda. She also quoted an excerpt from the December 9, 2024 Police Report regarding the removal of Ms. Sheppelman from the meeting and questioned whether the Marco Island City Council Rules of Decorum outlined on Page 5 and 6 of the Council's agenda had been: a) "codified", and; b) made consistent with information on the City's website. Ms. Dowell expressed her belief that proper Council procedures had not been followed in requesting Ms. Sheppelman's removal at the December 9th meeting. Mr. Sean Duggan, Owner, SkyRun Vacation Rentals of Marco Island, provided an overview of the Rotary Club of Marco Island Noontime's "Flags for Heroes" program along with the several ways in which residents and visitors can support the program. Ms. Julianne Jones (Columbus Way) shared the contents of an anonymous letter that she received, and she noted two recent incidents that followed her reporting of a dog-biting incident at the December 9, 2024 City Council Meeting. 12. Quasi-Judicial Public Hearing ID 24-4037 Resolution - Conditional Use Permit (CUP-24-000202) to Allow for Mixed-use for the Property Located at 287 North Collier Boulevard, Marco Island, FL 34145 - Mary P. Holden, Planning Manager, Community Affairs/Growth Management Assistant City Manager Casey Lucius read Resolution 25-02 into the record by title only. City Attorney David Tolces announced and outlined the procedural aspects of a quasi-judicial hearing, and he swore in all parties who indicated an intention to provide witness or testimony. Each Council member provided a verbal ex parte disclosure related to the Applicant's Appeal. City of Marco Island Florida Page 5 City Council Meeting Minutes - Final January 6, 2025 City of Marco Island Growth Management Department Senior Planner Mary Holden outlined the elements of the Conditional Use Permit (CUP) request, noting the reliance of this CUP application on the approval of Site Development Plan 24-000200. She also highlighted the deliberations and actions of the Planning Board in unanimously recommending approval of this Appeal. Attorney Zach Lombardo of the law firm Woodward, Pires & Lombardo, P.A. represented the Applicant, and he indicated that the number of bedrooms specified for the three units in the CUP was listed in error. He requested that this specific reference be removed from the proposed Conditional Use Permit. No members of the public came forward to offer comment. MOTION by Councilor Palumbo, seconded by Councilor Henry, that Resolution 25-02 - Conditional Use Permit (CUP-24-000202) to Allow for Mixed-Use for the Property Located at 287 North Collier Boulevard, Marco Island, FL 34145, be Approved as Amended with No Specification of the Number of Bedrooms Allowed within the Proposed Three (3), Upper-Level Living Units. MOTION CARRIED BY THE FOLLOWING COUNCIL VOTE: Yes: 6- Vice-Chair Brechnitz, Councilor Gray, Councilor Goehler, Councilor Henry, Councilor Palumbo and Councilor Schwan 13. Ordinances A. Public Hearings None. B. First Readings ID 24-4028 Ordinance - First Reading - Amending Chapter 32 “Law Enforcement” Article II “Police Officers’ Pension Plan”, by Amending Section 32-47 “Finances and Fund Management” in accordance with Authorized Investment Procedures under Chapter 185, Florida Statutes - Joan Taylor, City Clerk Marco Island City Clerk Joan Taylor, via teleconference connection, read Ordinance 25-01 into the record by title only. Ms. Taylor briefly outlined the proposed expansion of investment options requested by the Marco Island Police Officers' Pension Plan Board of Trustees, and she introduced Mr. Scott Owens, Managing Director and Institutional Consulting Director with Graystone Consulting Tampa who, also via teleconference connection, explained the rationale for the Pension Plan Board of Trustees' request. No members of the public came forward to offer comment. MOTION by Councilor Palumbo, seconded by Councilor Schwan, that Ordinance 25-01 - Police Pension Investment Procedures, 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 Motion to Extend the Meeting City of Marco Island Florida Page 6 City Council Meeting Minutes - Final January 6, 2025 MOTION by Councilor Gray, seconded by Councilor Henry, to extend the City Council Meeting to conclude no later than 10:30 P.M. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: Yes: 6- Vice-Chair Brechnitz, Councilor Gray, Councilor Goehler, Councilor Henry, Councilor Palumbo and Councilor Schwan 14. Resolutions & City Council Items ID 24-4038 Discussion - Dune Vegetation Trimming Limitations Associated with the Code of Federal Regulations CFR 44 and Marco’s Local Municipal Code Chapter 26-Floods - Kelli DeFedericis, CFM, Floodplain Coordinator - Community Affairs/Building Department City of Marco Island Flood Plain Coordinator Kelli DeFedericis outlined the existing FEMA flood plain management criteria, shared various visuals noting the considerations and concerns addressed by her office, and explained the rationale for the requirements outlined in City of Marco Island Municipal Code Chapter 26 - Flood, Section 26-35. Public Comment The following individuals came forward to express concern and dissatisfaction with the City's dune vegetation trimming limitations and the delay in obtaining City permits to trim their beachside dune vegetation: 1. Mr. David Fairburn (300 S. Collier Blvd.) 2. Mr. Mark Guyol (280 S. Collier Blvd.) 3. Ms. Molly Hennings (280 S. Collier Blvd.) 4. Ms. Barbie Miller (280 S. Collier Blvd.) 5. Ms. Lee Anderson (850 S. Collier Blvd.) 6. Ms. Chantel Remick (176 S. Collier Blvd.) 7. Mr. Timothy Hall (3584 Exchange Ave., Naples) 8. Mr. Dave Miller (780 S. Collier Blvd.) 9. Mr. Patrick Lashinger (850 S. Collier Blvd.) 10. Ms. Nancy Ritchie (553 Somerset Ct.) Additionally, Mr. Jason Bailey (Dogwood Dr.), as Chair of the Marco Island Planning Board, offered his perspective and a summary of the results of his outreach to other Southwest Florida coastal municipalities regarding their approach to regulating the maintenance of beachside dune vegetation. Following considerable Council discussion, and in observing that an Applicant Appeal process is in place but had not been exercised, the Council encouraged the condominium owners and Associations affected by Section 26-35 of the City's Municipal Code to file their Appeals with the City of Marco Island. City Manager McNees assured the Council and the condominium owners and Associations present that City action will be timely on any Appeals filed on this item. Motion to Extend the Meeting MOTION by Councilor Palumbo, seconded by Councilor Gray, to extend the City Council Meeting to conclude no later than 11:00 P.M. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: Yes: 6- Vice-Chair Brechnitz, Councilor Gray, Councilor Goehler, Councilor Henry, Councilor Palumbo and Councilor Schwan City of Marco Island Florida Page 7 City Council Meeting Minutes - Final January 6, 2025 15. Items Removed from the Consent Agenda No items were removed from the Consent Agenda at this meeting. 16. Council Communications & Future Agenda Councilor Gray requested the opportunity to bring forward an agenda topic banning trolleys at the next meeting of the City Council. He also discussed the Rules of Decorum and proper procedure for invoking the Chair (or Vice-Chair's) attention during Council discussions and deliberations. Councilor Henry offered her congratulations on the recent Police Foundation Event that was held at the JW Marriott on Marco Island. Councilor Goehler alerted the Council to her desire to bring forward White Papers on: 1) Citizen Advisory Committees; 2) Advanced Water Treatment Opportunities, and; 3) Police Body Cameras. Councilor Schwan requested that a discussion of the Council's oversight and direction to the City's Advisory Committees be placed on the Council's Future Agenda. She requested that the Advisory Committees and Boards present updates to the City Council twice per year. Later, during Agenda Item #19 (City Attorney's Report), Councilor Schwan proposed that the Council consider temporarily rotating the responsibility of City Council Chair among the existing Councilors until a full-time City Council Chair has been selected. She also proposed that the Council continue to identify and consider candidates to fill the seventh City Council seat. Councilor Palumbo expressed his belief that a "fresh" approach be considered relative to the number and operation of the City's volunteer advisory committees, and he proposed a "reshuffling" of Councilor seating on the dais. During Agenda Item #19 (City Attorney's Report), Councilor Palumbo also requested an opinion from the City Attorney on the procedural steps to call for a special election. ID 24-3968 Future Agenda Items No other Future Agenda Items were proposed by members of the Council. 17. Council Reports None. 18. City Manager's Report City Manager Mike McNees recognized and thanked Ms. Kelli DeFedericis for her contributions to the City as its Floodplain Coordinator. 19. City Attorney's Report City Attorney David Tolces noted for the record that Agenda Item #7 (Election of Chair and Vice-Chair) was being moved to the Council's next meeting for decision. Vice-Chair Brechnitz also indicated the Council's intention to re-address Agenda Item #6 (Appointment of City Council Vacancy) at its January 21, 2025 meeting. In response to questions raised by Councilor Schwan and Vice-Chair Brechnitz, Attorney Tolces reiterated the City's Council's ability and prerogative to specify and execute a selection process of its own choosing City of Marco Island Florida Page 8 City Council Meeting Minutes - Final January 6, 2025 to fill the Council's Chair and Vice-Chair roles. In response to Councilor Palumbo's solicitation of advice on the citizen's proposal to underwrite the cost of a special general election for the City Council's seventh Councilor during Agenda Item #11 (Public Comment) earlier in the meeting, Attorney Tolces provided an outline of the proper order of actions that would need to be undertaken by the Council to properly notice and conduct an election. City Attorney David Tolces also advised the Council that Attorney Alan Gabriel would be returning to advise the Council at its January 21, 2025 meeting. 20. Departmental Reports ID 24-3970 Monthly Departmental Reports No comments or questions were raised regarding the Monthly Department Reports. 21. Citizens' Comments No members of the public came forward to offer comment during this portion of the meeting. 22. Adjournment There being no further business before the Council, Vice- Chair Brechnitz adjourned the meeting at 10:59 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