City Council

Monday, October 16, 2023 5:30 PM City of Marco Island Florida 51 Bald Eagle Drive Marco Island, Florida cityofmarcoisland.com Community Meeting Room City Council Chair: Greg Folley Vice-Chair: Jared Grifoni City Council: Rich Blonna, Erik Brechnitz, Becky Irwin, Darrin Palumbo, Joe Rola City Manager: Mike McNees Assistant City Manager: Casey Lucius City Attorney: Alan L. Gabriel City Clerk: Joan Taylor Meeting Minutes - Final

October 16, 2023City Council Meeting Minutes - Final 1. Call to Order Chair Folley called the meeting to order at 5:30 P.M. 2. Roll Call Councilor Blonna, Councilor Brechnitz, Vice-Chair Grifoni, Councilor Irwin, Councilor Palumbo, Councilor Rola and Chair Folley Present: 7 - (Note: Councilor Irwin participated remotely for the entire meeting via Zoom teleconference connection. Councilor Brechnitz left the dais at 5:51 P.M. during City Manager McNees's discussion of the Cape Marco Monterrey Condominium Emergency Incident (see discussion summary following Agenda Item 8e.), and he returned at 6:08 P.M. during discussion of Agenda Item 12a. (Proposed Smoking Ban in Marco Island Parks and Beaches)). 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 Justin Martin, Public Works Director Jose Duran, Information Technology Director Jeff Poteet, Water & Sewer General Manager Miguel Carballo, Fleet & Facilities Manager Angela Johenning, Purchasing & Risk Manager Martin Luna, Video/Broadcast Technician Jim Kornas, Recording Specialist Citizens and Visitors Motion To Allow for Remote Participation by Councilor Irwin MOTION by Councilor Brechnitz, seconded by Councilor Blonna, to allow Councilor Irwin to participate in, and vote on, all matter coming before the Council at this meeting. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: Yes: Councilor Blonna, Councilor Brechnitz, Vice-Chair Grifoni, Councilor Palumbo, Councilor Rola and Chair Folley 6 - 3. Invocation Offered by Pastor Casey Nowlin of The Family Church 4. Pledge of Allegiance Led by Chair Folley. 5. Approval of the Agenda MOTION by Vice-Chair Grifoni, seconded by Councilor Palumbo, that the Agenda be Approved. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: Yes: Councilor Blonna, Councilor Brechnitz, Vice-Chair Grifoni, Councilor Irwin, Councilor Palumbo, Councilor Rola and Chair Folley 7 - Page 1City of Marco Island Florida

October 16, 2023City Council Meeting Minutes - Final 6. Approval of the Minutes ID 22-2627 Approval of the City Council Meeting Minutes of October 2, 2023 MOTION by Councilor Blonna, seconded by Vice-Chair Grifoni, that the City Council Meeting Minutes of October 2, 2023, be Approved. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: Yes: Councilor Blonna, Councilor Brechnitz, Vice-Chair Grifoni, Councilor Irwin, Councilor Palumbo, Councilor Rola and Chair Folley 7 - 7. Approval of Consent Agenda Councilor Rola requested that Agenda Item 7d. (Authorizing a Contract with Genserve LLC) be removed from the Consent Agenda. [Editorial Note: the Council's direction on this item is recorded under Agenda Item 13 (Items Removed From The Consent Agenda] MOTION by Councilor Brechnitz, seconded by Councilor Palumbo, that the Consent Agenda be Approved as Amended. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: Yes: Councilor Blonna, Councilor Brechnitz, Vice-Chair Grifoni, Councilor Irwin, Councilor Palumbo, Councilor Rola and Chair Folley 7 - [Approval of the Consent Agenda Passed All Routine Items Listed Below] a. ID 23-3134 Authorize the City Manager to Issue a Purchase Order to One Source Construction, Inc., for the Replacement of the Metal Outfall Pipe at 1861 Woodbine Court in the Amount of $89,700.00 using the City Public Infrastructure Construction Services Contract 2021-006 - Justin Martin, P.E., Director, Public Works b. ID 23-3136 Authorize the City Manager to Issue a Purchase Order to One Source Construction, Inc., for the Installation of a Sewer Service Connection at 941 Caxambas Drive in the Amount of $63,690.00 under the City’s Public Infrastructure Construction Services Contract #2021-006 - Jeffrey E. Poteet, General Manager, Water and Sewer c. ID 23-3178 Authorize the City Manager to Issue a Purchase Order to One Source Construction, Inc., for the Installation of a new Outfall Pipe at 1890 Woodbine Court in the Amount of $65,950.00 using the City Public Infrastructure Construction Services Contract 2021-006 - Justin Martin, P.E., Director, Public Works e. ID 23-3176 Resolution - Approving of the Appointment of Mr. Stephen A. Inacker to the Waterways Advisory Committee - Joan Taylor, City Clerk 8. Proclamations and Presentations a. ID 23-2748 Employee Service Awards: Ryan Chidester - 10 Years Page 2City of Marco Island Florida

October 16, 2023City Council Meeting Minutes - Final Daniel Bernabei - 15 Years Charley Remaks - 35 Years City Manager McNees recognized and called forward the following City employees to receive their appreciation of service recognition certificate and pin as presented by City Council Chair Greg Folley: 1) Mr. Ryan Chidester (10 years) 2) Mr. Daniel Bernabei (15 years) 3) Mr. Charley Remaks (35 years) All present offered a warm round of applause for each award recipient. b. ID 22-2654 Employee of the Quarter Ms. Heather Reed, Facilities Coordinator with the Fleet & Facilities Department, was recognized and honored by Chair Folley, the Council, and the City Staff as Marco Island's "Employee of the Quarter" for the Third Quarter, 2023. She received a warm round of applause from all present. c. ID 23-3063 Certificate of Appreciation in Recognition of the Marco Island Area Chamber of Commerce for their Donation for the Restoration of the City of Marco Island Historical Markers - Presented to Dianna Dohm, Executive Director, Chamber of Commerce City Council Chair Greg Folley presented a Certificate of Appreciation to Ms. Dianna Dohm, Executive Director of the Marco Island Chamber of Commerce, and Ms. Tiffany Homuth, member of the Marco Island Beautification Advisory Committee, for their contributions in leading the restoration of the City of Marco Island's Historical Markers. All present expressed their appreciation with a warm round of applause. d. ID 23-3065 Certificate of Appreciation in Recognition of NCH Urgent Care Center of Marco Island for the Donation of Three AED’s (Automated External Defibrillators) to the City - Presented to Kaitlyn Magdalener, MSN, RN-BC, Facility Manager, NCH Marco Island Urgent Care, and Dianna Dohm, NCH Marco Island Board Chair City Council Chair Greg Folley presented a Certificate of Appreciation to Ms. Kaitlyn Magdalener, Facility Manager of the NCH Marco Island Urgent Care Center, and to Ms. Dianna Dohm, Executive Director of the Marco Island Chamber of Commerce, for their organizations' donation of three AEDs (Automated External Defibrillators) to the City of Marco Island. Ms. Magdelener and Ms. Dohm received a warm round of applause for their organizations' contribution. e. ID 23-3072 Proclamation - Florida City Government Week City Council Chair Greg Folley read a Proclamation announcing Florida City Government Week on Marco Island from October 16, 2023 through October 22, 2023. City Manager Mike McNees accepted the Proclamation on behalf of the City, and he invited all present and viewing the broadcast to participate in the events found on the City's website at www.cityofmarcoisland.com. SPECIAL ITEM: Cape Marco Monterrey Condominium Emergency Incident Report City Manager Mike McNees and City Fire Chief Chris Byrne updated the Council on the status of the electrical explosion at the Cape Marco Monterrey Condominium complex at approximately 3:00 A.M. on Monday, October 17, 2023. Praising the professionalism of the Cape Marco/Monterrey officials and the City's first responders in Page 3City of Marco Island Florida

October 16, 2023City Council Meeting Minutes - Final collaborating seamlessly to protect the safety of the building's inhabitants, City Manager McNees and Chief Byrne outlined the current status of the displaced residents, the determination into the cause of the incident, and the next steps to ensure the safety and the integrity of the building. Chair Folley noted the overwhelming outpouring of support and expression of appreciation by the residents of the Cape Marco Monterrey Condominium for the efforts of all of the City, State, and property management personnel who responded to the emergency. (NOTE: THE MEETING WENT INTO AN IMPROMPTU THREE MINUTE RECESS BEGINNING AT 5:51 P.M.) 9. Citizens' Comments on Agenda Items Not Scheduled for Public Hearing and Items Other Than Those Appearing on the Agenda Mr. Neils Jorgensen (100 N. Collier Blvd.), retired NYPD fire fighter and September 11, 2001 first responder, expressed his deep concern for the ability of the City's first responders to address emergency situations and law enforcement situations along Collier Boulevard should the City Council elect to expand paid beach parking availability as discussed at its September 18, 2023 City Council Meeting. [9/18/23 Agenda Item 13a.- Discussion: Possibility of Allowing Parking Facilities to the Public in Multi-Family Residential Districts and Churches Along the Beach Corridor] Citing the observed cumulative negative effect over 30 years of expanded paid beach parking at Point Pleasant Beach in New Jersey, he urged the Council to re-consider its direction to amend the City's Comprehensive Plan and Land Development Code to allow paid parking as an accessory use for properties located within the City's multi-family residential zoning district and churches along the Collier Boulevard beach corridor. [Editorial Note: In response to Mr. Jorgensen's concern, Councilor Irwin offered clarification on the origination of the proposal as emanating not from the City of Marco Island, but rather from certain condominium association and church organization leaders that are interested in offering additional parking solutions to the public along the Collier Boulevard Beach Corridor] 10. Quasi-Judicial Public Hearing None. 11. Ordinances None. 12. Resolutions & City Council Items a. ID 23-3139 Proposed Smoking Ban in Marco Island City Parks and Beaches - Casey Lucius, Ph.D., Assistant City Manager At the direction of the Council at its September 5, 2023 Meeting, Assistant City Manager Casey Lucius, assisted by Police Chief Tracy Frazzano, presented the results of an investigation into, and the enforcement effects of, a potential smoking ban within the City's beaches and parks. [Editorial Note: this issue was initially raised during Citizens' Comments (Agenda Item 10) at the Council's September 5, 2023 Meeting] Page 4City of Marco Island Florida

October 16, 2023City Council Meeting Minutes - Final Identifying the County and State regulations currently in effect and under consideration, Ms. Lucius and Chief Frazzano highlighted the overlap, gaps, and nuances of enacting such an ordinance at the City level. Considerable Council discussion ensued and many questions were raised by members of the Council. No members of the public came forward to offer comment. Chair Folley, in considering the insights offered by members of the Council, and in recognition of the jurisdictional concerns in enacting and enforcing an effective ordinance at the City level, elected to defer Council action on this topic at this time. b. ID 23-3190 Proposed City Manager’s Goals - FY 2023-24 City Manager McNees outlined the process that he and Councilor Brechnitz undertook in condensing the Council's input on this subject at its September 18, 2023 City Manager 2024 Goals Workshop. Following considerable Council discussion and review of the proposed goals, the Council directed that the following be added: 1) Enhanced programming activities at Veterans' Community Park, and; 2) Tangible and measurable goals advancing the beautification of the Island's public areas (e.g. medians, swales, parks, beach access points, etc.) No members of the public came forward to offer comment. Chair Folley directed that a final draft of the "City Manager's Goals for FY 2023 - 24" document be presented for review at an upcoming meeting of the Council. 13. Items Removed from the Consent Agenda 7d. ID 23-3192 Authorizing a Contract with Genserve LLC, for Generator Preventative Maintenance, Service, Inspection, and Load Bank Testing St. Lucie County Contract #23-019, Estimated to Exceed $50,000 - Miguel Carballo, Fleet & Facilities Manager Councilor Rola removed this item from the Consent Agenda to allow him to pose a number of questions regarding the specific details of the proposed preventative generator service, inspection, and load bank testing activities comprehended in this contract for Marco Island. Fleet & Facilities Manager Miguel Carballo received Councilor Rola's questions and inputs. No members of the public came forward to offer comment. MOTION by Vice-Chair Grifoni, seconded by Councilor Palumbo, that the City Manager be Authorized to Engage in a Contract with Genserve LLC for Generator Preventative Maintenance, Service, Inspection, and Load Bank Testing Under St. Lucie County Contract 23-019, Estimated to Exceed $50,000.00, be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: Councilor Blonna, Councilor Brechnitz, Vice-Chair Grifoni, Councilor Irwin, Councilor Palumbo, Councilor Rola and Chair Folley 7 - 14. Council Communications & Future Agenda Councilor Blonna read his document entitled: "Help: Marco Island Conservation" requesting that citizens write a short letter of support to the Collier County Board of Commissioners before October 24, 2023 for Page 5City of Marco Island Florida

October 16, 2023City Council Meeting Minutes - Final the purchase of four parcels of land on Marco Island by Conservation Collier to help protect existing habitat for gopher tortoises, burrowing owls, eagles, and other natural fauna on Marco Island. His document included the email addresses for all five Collier County Commissioners. [Editorial Note: A copy of Councilor Blonna's document is listed on www.cityofmarcoisland.com under 'Our Government' > 'Agendas and Minutes' > 'City Council 10/16/23' > 'Meeting Details'] Councilor Brechnitz requested that City Manager McNees investigate why the Waterways Advisory Committee has an agenda item on its October 19, 2023 agenda regarding the already-completed Tigertail Breach & Redress/Repair Plan. Councilor Palumbo alerted his colleague Councilors of his need to participate in the Council's November 6th meeting remotely. Later during Council Communications, he conveyed his support of Chair Folley's planned whitepaper (see below), and he commended the City and County for working collaboratively and quickly in removing car tires from the Gulf near the Tigertail lagoon/beach area. Chair Folley reported on the action by Collier County Commissioner Rick Locastro in responding to Chair Folley's communications regarding actions and positions espoused by the American Library Association. Chair Folley indicated that Collier County has since severed its relationship with that organization. Chair Folley also raised for awareness and potential Council endorsement recent Collier County Board of Commissioners' action on a Health Care Bill of Rights and a Sanctuary Bill of Rights for unincorporated Collier County residents. Vice-Chair Grifoni shared his recollections from 2014 in bringing forward similar Second Amendment and Home Rule Resolutions for Council consideration at that time, and Councilor Palumbo expressed his belief that the majority of Marco Island's residents would support Chair Folley's proposed direction. City Manager McNees recommended that the Council, in considering Chair Folley's proposal, also address the practical application and implementation of any such Resolution(s) that might come into conflict with contemporary direction from Washington, D.C. Chair Folley concluded by indicating that he would prepare White Papers on these topics for future Council consideration and discussion, and he asked City Attorney Alan Gabriel to investigate the status of the Second Amendment and Home Rule Resolutions referenced by Vice-Chair Grifoni. ID 22-2628 Future Agenda Items Councilor Blonna requested that an update on the Business Development & Redevelopment Committee be placed on the Council's Future Agenda. 15. Council Reports None. 16. City Manager's Report City Manager McNees again, as earlier in the meeting, commended the residents and professional management of the Cape Marco Monterrey Condominium complex for their collaboration with the City and State departments who responded to the early morning incident. 17. City Attorney's Report ID 22-2629 City Attorney’s Report Councilor Brechnitz raised a question of City Attorney Gabriel regarding the nature of his firm's engagement on public records requests. Page 6City of Marco Island Florida

October 16, 2023City Council Meeting Minutes - Final 18. Departmental Reports ID 22-2630 Monthly Departmental Reports No questions were raised regarding the Monthly Department Reports. 19. Citizens' Comments No members of the public came forward to offer comment during this portion of the meeting. 20. Adjournment There being no further business before the Council, Chair Folley adjourned the meeting at 7:07 P.M. ___________________________ Greg Folley, Council Chair ATTEST: ____________________________________ Joan Taylor, City Clerk PREPARED BY: ___________________________ Jim Kornas, Recording Specialist Page 7City of Marco Island Florida