City Council

Monday, August 4, 2025 5:30 PM City of Marco Island Florida 51 Bald Eagle Drive Marco Island, Florida cityofmarcoisland.com 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 Meeting Minutes - Final

August 4, 2025City Council Meeting Minutes - Final 1. Call to Order Chair Brechnitz called the meeting to order at 5:30 P.M. 2. Roll Call Councilor Champagne, Councilor Goehler, Vice-Chair Gray, Councilor Henry, Councilor Palumbo, Councilor Schwan and Chair Brechnitz Present: 7 - (Note: Councilor Palumbo attended remotely via Zoom teleconference connection, was present at Roll Call, and actively participated during the meeting). Also Present Michael McNees, City Manager Casey Lucius, Assistant City Manager Joan Taylor, City Clerk Alan L. Gabriel, City Attorney Tracy Frazzano, Police Chief Dave Ennis, Police Captain Chris Byrne, Fire Chief Sharon Dangles, Acting Finance Director (present until 7:27 P.M.) Justin Martin, Public Works Director Jeff Poteet, Water & Sewer General Manager Martin Luna, Video/Broadcast Technician Jim Kornas, Recording Specialist Citizens and Visitors Motion to Allow for Remote Participation by Councilor Palumbo MOTION by Councilor Schwan, seconded by Councilor Henry, to allow Councilor Palumbo to participate in, and vote on, all allowable matters coming before the Council at this meeting. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: Yes: Councilor Champagne, Councilor Goehler, Vice-Chair Gray, Councilor Henry, Councilor Schwan and Chair Brechnitz 6 - 3. Invocation Offered by Rabbi Mark Gross of the Jewish Congregation of Marco Island. 4. Pledge of Allegiance Led by Chair Brechnitz. 5. Approval of the Agenda MOTION by Vice-Chair Gray, seconded by Councilor Goehler, that the Agenda be Approved. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: Yes: Councilor Champagne, Councilor Goehler, Vice-Chair Gray, Councilor Henry, Councilor Palumbo, Councilor Schwan and Chair Brechnitz 7 - 6. Approval of the Minutes Page 1City of Marco Island Florida

August 4, 2025City Council Meeting Minutes - Final a. ID 25-4569 Approval of the Special-Called Workshop Minutes of July 14, 2025 City Council Special-Called Workshop Minutes of July 14, 2025Attachments: MOTION by Councilor Schwan, seconded by Councilor Champagne, that the Special-Called Worship Minutes of July 14, 2025, be Approved. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: Yes: Councilor Champagne, Councilor Goehler, Vice-Chair Gray, Councilor Henry, Councilor Palumbo, Councilor Schwan and Chair Brechnitz 7 - b. ID 25-4570 Approval of the Special-Called Meeting Minutes of July 14, 2025 City Council Special-Called Meeting Minutes of July 14, 2025Attachments: MOTION by Vice-Chair Gray, seconded by Councilor Henry, that the Special-Called Meeting Minutes of July 14, 2025, be Approved. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: Yes: Councilor Champagne, Councilor Goehler, Vice-Chair Gray, Councilor Henry, Councilor Palumbo, Councilor Schwan and Chair Brechnitz 7 - c. ID 25-4541 Approval of the Operating Budget Workshop Minutes of July 21, 2025 City Council Operating Budget Workshop Minutes of July 21, 2025Attachments: MOTION by Councilor Goehler, seconded by Councilor Schwan, that the Operating Budget Worship Minutes of July 21, 2025, be Approved. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: Yes: Councilor Champagne, Councilor Goehler, Vice-Chair Gray, Councilor Henry, Councilor Palumbo, Councilor Schwan and Chair Brechnitz 7 - d. ID 25-4181 Approval of the City Council Meeting Minutes of July 21, 2025 City Council Meeting Minutes of July 21, 2025Attachments: MOTION by Councilor Champagne, seconded by Councilor Henry, that the City Council Meeting Minutes of July 21, 2025, be Approved. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: Yes: Councilor Champagne, Councilor Goehler, Vice-Chair Gray, Councilor Henry, Councilor Palumbo, Councilor Schwan and Chair Brechnitz 7 - 7. Approval of Consent Agenda MOTION by Councilor Schwan, seconded by Councilor Champagne, that the Consent Agenda be Approved. MOTION CARRIED BY THE FOLLOWING COUNCIL VOTE: Yes: Councilor Champagne, Councilor Goehler, Vice-Chair Gray, Councilor Henry, Councilor Palumbo, Councilor Schwan and Chair Brechnitz 7 - [Approval of the Consent Agenda Passed All Routine Items Listed Below] a. ID 25-4571 Authorize the City Manager to Execute a Purchase Order Change Order to Galls, LLC for Necessary Uniform Purchases, whereby the Amount of the Page 2City of Marco Island Florida

August 4, 2025City Council Meeting Minutes - Final Purchase Order will not exceed $62,000. - Tracy Frazzano, Police Chief b. ID 25-4578 Authorize the City Manager to Issue a Purchase Order to American Engineering Consultants, Inc., for Design of the Bald Eagle Drive Bike Lanes Project, in an Amount not to exceed $260,080 - Justin Martin, P.E., Director, Public Woks Department American Engineering Consultants Revised Proposal 7-18-25 Project Location Map Final Resolution 24-10 - 2024 Bike & Shared Path Master Plan Update Attachments: c. ID 25-4581 Authorize the City Manager to Enter into a 10-Year Professional Service Agreement with Ferguson Enterprises, LLC d/b/a Ferguson Waterworks for Neptune Network-as-a-Service (NaaS) Solution at an Average Annual cost of $74,000 - Jeffrey E, Poteet, General Manager, Water and Sewer Department City of Marco Island Professional Services Agreement 7-24-25 City of Marco Island - Neptune Sole Source Letter Attachments: 8. Proclamations and Presentations a. ID 25-4184 Employee Service Awards: Fidencio Mireles, Sr. - 20 Years Samantha Malloy - 15 Years Daisy Martinez - 10 Years City Manager Mike McNees recognized and called forward Ms. Daisy Martinez, and Mr. Fidencio Mireles, individually, to receive their appreciation of service recognition certificate and pin as presented by City Council Chair Erik Brechnitz. Ms. Malloy's appreciation of service recognition will be presented at a future date. b. ID 25-4521 Presentation - Update on the Florida Legislative Session - State Representative Yvette Benarroch District 81 Florida State Representative Yvette Benarroch shared a brief overview of the proceedings of the 2025 Florida Legislative session, highlighting appropriations that she was successful in procuring for her District broadly, and Marco Island, specifically. Ms. Benarroch invited the public to personally engage with her and Collier County District 1 Commissioner Rick Locastro at a special Town Hall Meeting on August 7, 2025 beginning at 5:30 P.M. in the Marco Island Community Meeting Room, 51 Bald Eagle Drive, Marco Island. Representative Benarroch also noted her special Office Hours in the Marco Island Community Meeting Room from 3:00 P.M. - 5:00 P.M. on August 7th to address citizen questions, and she invited her constituents to contact her with future questions or concerns at her District 81 Office in the Collier County Government Center located at 3299 Tamiami Trail East, Naples, 34112. 9. Citizens' Comments on Items Not Scheduled for Public Hearing and Items Other Than Those Appearing on the Agenda Page 3City of Marco Island Florida

August 4, 2025City Council Meeting Minutes - Final Mr. Ken Honecker (Dorando Ct.) expressed concern with the anticipated 2026 Fiscal Year property tax millage rate increase, and the proposed adoption of a 3% LCEC (Lee County Electric Cooperative) franchise fee on Marco Island electric bills. He raised several questions regarding the ability of the City to adopt the increased millage rate under the City's spending cap Ordinance, and in accordance with certain procedural provisions outlined under Florida Statute 200.065. Mr. John Martini (Nassau Ct.) shared his skepticism of the City's handling of the recent termination of a City employee. Mr. Ralph Rohena (Begonia Ct.) requested direction and assistance in advancing the City's consideration of individuals and companies offering new or unique water quality improvement technologies and techniques. City Manager McNees, in response to questions raised by members of the Council regarding Mr. Rohena's request, offered recommendations for the Council's consideration. A new item was added to the Council's Future Agenda (see Agenda Item 17) in response. 10. City Manager's Report City Manager McNees expressed his concern with the underlying tone of distrust that some members of the public continue to express regarding the operation of the City. He encouraged anyone with credible information corroborating any wrongdoing to contact the City, County, State, or Federal authorities with their information. City Manager McNees also announced the establishment of Friday morning "Open Forums with the City Manager" at Ori's Bakery and Cafe, 945 North Collier Boulevard, Marco Island, beginning at 9:00 A.M. where members of the public can have dialogue with him on any topics or questions of interest or concern. 11. City Attorney's Report City Attorney Alan Gabriel indicated no new updates to report to the Council. He was, however, asked to respond to questions from members of the Council on the following topics: 1) the long-standing status of certain Workman's Compensation cases against the City; 2) the State of Florida Statute requiring an annual Level of Service study by the City; 3) regular review and ratification of the Council's Rules of Decorum; 4) elements of the City's potential 2026 Fiscal Year property tax millage increase 12. Departmental Reports ID 25-4183 Monthly Departmental Reports City Clerk Public Works Water & Sewer Police Attachments: Vice-Chair Gray complemented City Clerk Joan Taylor on the anticipated cost efficiency gains that she noted in her Monthly Department Report regarding the City's Legal Public Noticing process. Vice-Chair Gray also posed questions regarding: Page 4City of Marco Island Florida

August 4, 2025City Council Meeting Minutes - Final 1) the effectiveness of the City's street sweeping process (to Public Works Director Justin Martin); 2) the potential for added access to grants if the City establishes a Storm Water Utility (also to Director Martin); 3) the City's plans for notifying the public of the City's upcoming annual temporary modification to the potable water disinfection process (to Water & Sewer General Manager Jeff Poteet), and; 4) the ability for police to identify and respond to excessive noise conditions without a third party registered complaint (to Police Chief Tracy Frazzano). Councilor Goehler and Chair Brechnitz queried Water & Sewer General Manager Jeff Poteet regarding the reasons for the $193,421.00 change order for modifications to the City Annex Building. Chair Brechnitz also highlighted, and was asked to forward, citizen concerns that he has been receiving regarding building fire inspections to Fire Rescue Chief Chris Byrne. 13. Quasi-Judicial Public Hearing None. 14. Ordinances A. Public Hearings None. B. First Readings ID 25-4580 Ordinance - First Reading - Amending Ordinance 04-18 Relating to the Electric Franchise Fee Granted to Lee County Electric Cooperative (LCEC) to Establish the Franchise Fee Payable to the City for Fiscal Year 2026 at 3%, Casey Lucius, Ph.D., Assistant City Manager Ordinance 25-07 LCEC Franchise Fee Document Attachments: City Clerk Joan Taylor read Ordinance 25-07 into the record by title only. Assistant City Manager Casey Lucius recounted details of the initial implementation and eventual rescission of the LCEC franchise fee implemented by the City of Marco Island between 2004 - 2009. She noted the continued application of such a fee by nearby municipalities and unincorporated areas in Southwest Florida. Ms. Lucius also noted LCEC's intention to maintain its utility rates this year, and she provided an example of the anticipated monthly impact to an average Marco Island LCEC customer's electric bill should the passage of this franchise fee Ordinance be approved as currently proposed. Ms. Tricia Dorn, LCEC Key Account Executive, briefly outlined the operational elements of an LCEC franchise fee, and she noted the presence of a higher LCEC franchise fee assessment Page 5City of Marco Island Florida

August 4, 2025City Council Meeting Minutes - Final in a neighboring LCEC service area. The following individuals came forward to express their concerns with Ordinance 25-07 as currently proposed: 1) Ms. Sheelah Yawitz (N. Collier Blvd.) 2) Mr. Brad Henson (Marco Island Resident) 3) Mr. John Martini (Nassau Ct.) MOTION by Councilor Schwan, seconded by Councilor Henry, that Ordinance 25-07 - Amending Ordinance 04-18 relating to the Electric Franchise Fee granted to Lee County Electric Cooperative (LCEC) to establish a Franchise Fee payable to the City of Marco Island for Fiscal Year 2026 at 3.0%, be Approved on First Reading. MOTION CARRIED BY THE FOLLOWING COUNCIL VOTE: Yes: Councilor Champagne, Councilor Henry, Councilor Palumbo and Councilor Schwan 4 - No: Councilor Goehler, Vice-Chair Gray and Chair Brechnitz3 - 15. Resolutions & City Council Items ID 25-4566 Approval of Memorandums of Understanding (MOU) to Provide School Resource Officers of Marco Island Schools - Tracy Frazzano, Police Chief MOU Agreement 2025-2026Attachments: Marco Island Police Chief Tracy Frazzano outlined the history of Marco Island Resolution 18-22 which initiated the appointment of Marco Island Police School Resource Officers, and she highlighted the key benefits which have accrued to the children and parents of Marco Island under this program. No members of the public came forward to offer comment. MOTION by Councilor Schwan, seconded by Councilor Champagne, that the Memorandums of Understanding (MOUs) between the District School Board of Collier County, the Marco Island City Council, and the Marco Island Police Department for the 2026 school year, to provide security services to Tommie Barfield Elementary School, Marco Island Charter Middle School, and Marco Island Academy, be Approved. MOTION CARRIED BY THE FOLLOWING COUNCIL VOTE: Yes: Councilor Champagne, Councilor Goehler, Vice-Chair Gray, Councilor Henry, Councilor Palumbo, Councilor Schwan and Chair Brechnitz 7 - 16. Items Removed from the Consent Agenda No items were removed from the Consent Agenda at this meeting. 17. Council Communications & Future Agenda Councilor Henry shared an overview of, and expressed her appreciation for, her recent full-day "ride along" with members of the Marco Island Code Compliance Team and the Marco Island Police Department. She encouraged her colleagues on the Council and members of the public to consider scheduling a similar opportunity with the departments of the Marco Island public safety team. Councilor Henry complimented Councilor Schwan's quick action and success in providing the Marco Island Page 6City of Marco Island Florida

August 4, 2025City Council Meeting Minutes - Final Police and Fire Rescue teams with gate access to the grounds of the condominium associations of Cape Marco to respond to future emergency requests and reported public safety concerns. Councilor Henry also reminded and encouraged all residents to attend the special Town Hall Meeting with Florida Representative Yvette Benarroch and Collier County District 1 Commissioner Rick Locastro on Thursday, August 7, 2025 in the Marco Island Community Room. Councilor Champagne shared photos of the clay sculpture of the second Vietnam War Memorial figure to be cast in bronze for the Vietnam War Memorial platform sponsored by the American Legion Post 404 at Veterans' Community Park. He indicated his intention to review two additional clay sculpture figures with the Council during the month of September, and he expressed his appreciation to members of the City Staff for their assistance and cooperation in supporting American Legion Post 404's initiative. Councilor Goehler communicated her priorities in seeking to identify additional revenue sources for the City of Marco Island. She indicated her intention to bring forward a White Paper to discuss implementing an electronic toll collection system for vehicles entering Marco Island via the Judge SS Jolley and the Goodland area bridges. Vice-Chair Gray expressed interest in, and insight on, the following: 1) a ban on smoking on Marco Island's beaches; 2) confirmation that a Traffic Level of Service study is in the City's budget for Fiscal Year 2026; 3) confirmation that City Council Chair Erik Brechnitz had not yet "signed off" on the City's financial audit by CliftonLarsonAllen LLP; 4) inviting a Florida DOGE (Department of Government Efficiency) assessment of the City's operations; 5) allowing Marco Island citizens the opportunity to bid on City vehicles that will be going out of service as the Enterprise Fleet Management initiative is implemented; 6) the recent past ballot initiative to establish and elect a Mayor for the City of Marco Island; 7) status of the City's actions to comply with the CliftonLarsonAllen LLP team's audit recommendations by September 30, 2025, and; 8) the result of City Manager McNees' Pre-Determination Meeting with a recently-terminated City employee. Vice-Chair Gray received responses to his requests. Councilor Palumbo noted that there are many as-yet-unexplored ways to raise revenue for the City of Marco Island. He shared several examples for the Council's consideration. He requested that his colleague Councilors investigate the history of Tract K for the City and the children of Marco Island in anticipation of his planned discussion of this parcel at a future meeting. Councilor Schwan conveyed her appreciation to all who helped "get the word out" on the enactment of Ordinance 25-06 regulating the speed of bicycles and e-bikes on all sidewalks, pathways, and bicycle lanes on Marco Island. She shared calculations of the potential kinetic energy that is absorbed by a pedestrian who is accidentally struck by a bicycle or e-bike and its rider at different speeds. Councilor Schwan requested that the Marco Island Police Department collect and display the number of warnings and citations issued to bicycle and e-bike riders on its MIPD Police Blotter which is published weekly in the Coastal Breeze Newspaper, and she queried Police Chief Tracy Frazzano on her department's plan to transition from public education to full enforcement of the Ordinance. Chair Brechnitz asked that an item be added to the Council's Future Agenda (see Future Agenda Items below), and he outlined the amount of grants received but not exercised by the City of Marco Island over the past four years. ID 25-4182 Future Agenda Items Future AgendaAttachments: The Council requested that a new, public Water Quality Improvement RFI (Request for Information) Page 7City of Marco Island Florida

August 4, 2025City Council Meeting Minutes - Final solicitation proposal be added to the Council's Future Agenda for review and direction. Councilor Henry requested that a review of Section 54-36(d) of the City's Code of Ordinances regarding the use of wheeled vehicles on the beach be placed on the Council's Future Agenda. Vice-Chair Gray requested that an accompanying discussion and potential amendment to the City's Code of Ordinances regarding smoking on the beach be included in this review. Councilor Goehler requested that her White Paper on the potential collection of tolls for inbound vehicles onto Marco Island from the Judge SS Jolley and the Goodland area bridges be added to the Council's Future Agenda. Councilor Palumbo requested that a discussion of Marco Island Tract K be added to the Council's Future Agenda. Chair Brechnitz requested that a discussion and decision on extending an invitation to the Florida DOGE (Department of Government Efficiency) team to conduct an audit of the City's operations be placed on the Council's Future Agenda. 18. Council Reports None. 19. Citizens' Comments Mr. Ken Honecker (Dorando Ct.) shared his recollections when Ordinance 04-18 relating to the LCEC Franchise Fee was enacted for the City of Marco Island, and he explained the rationale for utilizing the previous year's Cost-of-Living Adjustment (vs. the current year C.O.L.A.) in applying the City's Spending Cap calculation to a new fiscal year budget process. Mr. John Martini (Nassau Ct.) spoke on behalf of the City employee who was recently terminated, calling into question the reasons for the termination. He also questioned why certain other recent actions regarding the City's audit, the City Staff, and past property tax rollback decisions have not been explained to his satisfaction. 20. Adjournment There being no further business before the Council, Chair Brechnitz adjourned the meeting at 8:10 P.M. ___________________________ Erik Brechnitz, Council Chair ATTEST: ____________________________________ Joan Taylor, City Clerk PREPARED BY: ___________________________ Jim Kornas, Recording Specialist Page 8City of Marco Island Florida