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City Council

Regular Meeting

Marco Island, FL · May 5, 2025

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Minutes

City of Marco Island Florida 51 Bald Eagle Drive Marco Island, Florida cityofmarcoisland.com Meeting Minutes - Final Monday, May 5, 2025 2:00 PM Special-Called Meeting Community Meeting Room City Council Chair: Erik Brechnitz Vice-Chair: Stephen Gray City Council: Rene Champagne, 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 May 5, 2025 1. Call to Order Chair Brechnitz brought the Special-Called Meeting to order at 2:00 P.M. 2. Roll Call Present: 6- Councilor Champagne, Councilor Goehler, Vice-Chair Gray, Councilor Henry, Councilor Schwan and Chair Brechnitz Not Present: 1- Councilor Palumbo (Note: Councilor Palumbo was not present at Roll Call. He arrived and participated for the full duration of the meeting beginning at 2:01 P.M.) Also Present Michael McNees, City Manager Casey Lucius, Assistant City Manager Joan Taylor, City Clerk Alan L. Gabriel, City Attorney Chris Byrne, Fire Chief Justin Martin, Public Works Director Angela Johenning, Purchasing & Risk Manager Martin Luna, Video/Broadcast Technician Jim Kornas, Recording Specialist Citizens and Visitors 3. Business - Earthwerks Unsolicited P3 Proposal a. ID 25-4407 Public Private Partnership “P3” Proposal Overview and Process, Section 255.065, Florida Statutes - Alan L. Gabriel, City Attorney Attachments: Summary Memo of 255.065 F.S. (4-25-2025) City Attorney Alan Gabriel highlighted information regarding Florida Statute 255.065 which he had provided via memorandum to the Council prior to the meeting, emphasizing that this Statute's provisions provide for multiple steps for confirming and executing a legitimate unsolicited Public-Private Partnership (P3) agreement in the State of Florida. He introduced the Proposer's attorney, Zachary W. Lombardo of Woodward, Pires & Lombardo, P.A., and he reminded the Council that the first step in the process is determining whether this is a "qualifying project" as defined under Statute 255.065. Mr. Gabriel also communicated that this Statute contains a provision for the Proposer to pay for expenses (such as compensating experts to review the proposal) prior to the determination that a "qualifying project" exists. The only action required of the Council at this session is to determine if it is interested in retaining technical expertise to review the unsolicited P3 proposal. b. ID 25-4092 C-HAWQ Unsolicited 3P Proposal Submitted March 31, 2025 - Zachary W. Lombardo, Esq., Woodward, Pires & Lombardo, P.A. Attorneys-at-Law City of Marco Island Florida Page 1 City Council Meeting Minutes - Final May 5, 2025 Attachments: Marco Island C-HAWQ Initiative Presentation C-HAWQ P3 Proposal (appendix not included) Response to Proposal Woodward, Pires & Lombardo Attorneys Response Proposal - Humiston and Moore Engineers Attorney Zachary W. Lombardo presented a perspective on Marco Island's current state and problem definition as it relates to the water quality of its canal system, and he outlined the proposed solution offered by EarthWerks Land Improvement & Development Corporation and its partners to address the problem. Mr. Dan Davies, Owner, EarthWerks Land Improvement & Development Corporation, and Mr. Jonathan Koepke, President of ENCAP, Inc., provided detail on the elements and merits of their proposal, and they addressed a number of questions from members of the Council. MOTION by Councilor Henry, seconded by Councilor Palumbo, that authorization for the City Manager to engage a marine engineering expert to conduct a technical study as defined under Florida Statute 255.065, paid for by EarthWerks Land Improvement & Development Corporation, be Approved. MOTION CARRIED BY THE FOLLOWING COUNCIL VOTE: Yes: 4- Councilor Champagne, Councilor Henry, Councilor Palumbo and Councilor Schwan No: 3- Councilor Goehler, Vice-Chair Gray and Chair Brechnitz 4. Council Discussion The Council discussed the merits and concerns with undertaking this proposed Public-Private Partnership and accepting certain elements of the proposal. City Attorney Gabriel reminded the Council of Statute 255.065's requirement that a formal vote be taken on whether to advance toward the next steps of the process to determine if a "qualifying project" exists. [Editorial Note: the record of the Council's vote is captured under Agenda Item 3b] 5. Public Comment The following three individuals came forward to express opposition to the proposal: 1) Ms. Nanette Rivera (Ludlow Rd.) 2) Ms. Christine Dowell (Biscayne Way) 3) Mr. Ralph Rohena (Begonia Ct.) No other members of the public came forward to offer comment. 6. Adjourn There being no further business before the Council, Chair Brechnitz adjourned the Special-Called Meeting at 4:13 P.M. ___________________________ Erik Brechnitz, Council Chair ATTEST: City of Marco Island Florida Page 2 City Council Meeting Minutes - Final May 5, 2025 ____________________________________ Joan Taylor, City Clerk PREPARED BY: ___________________________ Jim Kornas, Recording Specialist City of Marco Island Florida Page 3

Agenda

City of Marco Island Florida 51 Bald Eagle Drive Marco Island, Florida cityofmarcoisland.com Meeting Agenda - Final Monday, May 5, 2025 2:00 PM Special-Called Meeting Community Meeting Room City Council Chair: Erik Brechnitz Vice-Chair: Stephen Gray City Council: Rene Champagne, 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 Agenda - Final May 5, 2025 1. Call to Order 2. Roll Call 3. Business - Earthwerks Unsolicited P3 Proposal a. ID 25-4407 Public Private Partnership “P3” Proposal Overview and Process, Section 255.065, Florida Statutes - Alan L. Gabriel, City Attorney Attachments: Summary Memo of 255.065 F.S. (4-25-2025) b. ID 25-4092 C-HAWQ Unsolicited 3P Proposal Submitted March 31, 2025 - Zachary W. Lombardo, Esq., Woodward, Pires & Lombardo, P.A. Attorneys-at-Law Attachments: Marco Island C-HAWQ Initiative Presentation C-HAWQ P3 Proposal (appendix not included) Response to Proposal Woodward, Pires & Lombardo Attorneys Response Proposal - Humiston and Moore Engineers 4. Council Discussion 5. Public Comment [4 minutes per individual – Each individual has one opportunity to speak.] 6. Adjourn City of Marco Island Florida Page 2 Printed on 4/29/2025 City Council Meeting Agenda - Final May 5, 2025 All interested persons are invited to attend the meeting and participate in the discussion; or, written comments may be sent to the City of Marco Island, 50 Bald Eagle Drive, Marco Island, FL. 34145. Pursuant to Section 286.0105, Florida Statutes, if a person decides to appeal any decision made by City Council with respect to any matter considered at such hearing or meeting, one will need a record of the proceedings for such purpose that person may need to ensure that a verbatim record of the proceedings is made; such record includes the testimony and evidence upon which the appeal is to based. ADA Assistance: Anyone needing special assistance at the City Council hearing due to disability should contact the City of Marco Island at (239) 389-5010 at least two days prior thereto if you would like to receive any of the items on the agenda by email. Please contact the City Clerk at jtaylor@cityofmarcoisland.com if you would like to receive any of the items on the agenda by email. Any Invocation that may be offered before the official start of the Council meeting shall be voluntary offering of a private citizen, to and for the benefit of the Council. The views and beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Council, and the Council is not allowed by law to endorse the religious beliefs or views of this, or any speaker. Marco Island City Council Rules of Decorum The City of Marco Island is committed to the First Amendment principal of free speech and to full and open discussion of the City’s business in open forum. It also recognizes that in order to ensure meetings of the City Council are conducted in a manner that allows the business of the City to be effectively conducted, and ensures that members of the public can be heard in a fair, impartial and respectful manner, that reasonable rules based on time, place, and manner of that speech are in order. The members of the Marco Island City Council, employees of the City of Marco Island, and citizen participants are expected to reflect proper decorum and treat each other with courtesy and respect as follows: • The City Council Chair is in control of the meeting at all times. The Chair is granted wide discretion to interpret and enforce these rules of decorum and other City Council Policies and Procedures. • When recognized by the Chair, citizen participants will address all comments to the Chair, speaking from the designated podium. No individual shall make slanderous, disparaging or unduly repetitive remarks. • Only those persons who have signed for a particular item of business will be given the opportunity to speak. Exceptions may be granted at the sole discretion of the Chair. • Demonstrations in the form of clapping, applauding, heckling or other verbal outbursts in support or in opposition to a speaker during his or her remarks are not permitted. Such demonstrations between speakers may be further limited by the Chair should they serve to disrupt the orderly conduct of the meeting. • For the safety of all in the chambers, signs, placards, or anything blocking sightlines, entrances, exits or aisles in the City Council Chambers are not permitted. • No more than one person may stand in the aisles or at the dais. Individuals waiting to be recognized shall wait in an area designated by the City. Persons exiting the council chambers shall do so quietly. • Anyone who violates these Rules of Decorum may forfeit their right to speak and may be asked to leave or cease their public comment at the discretion of the Chair. Citizen Comment on Consent Agenda Items • Items listed under Consent Agenda are viewed to be routine and the recommendation will be enacted by one motion. If discussion is desired by the Council, the item(s) will be removed from the Consent Agenda and will be considered separately. City of Marco Island Florida Page 3 Printed on 4/29/2025 City Council Meeting Agenda - Final May 5, 2025 • Anyone wishing to comment on any item on the Consent Agenda should submit a Speakers Request Card before these item(s) are considered. Each speaker is limited to three (3) minutes on any item removed from the Consent Agenda. City of Marco Island Florida Page 4 Printed on 4/29/2025

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