City Council

Monday, December 4, 2023 5:30 PM City of Marco Island Florida 51 Bald Eagle Drive Marco Island, Florida cityofmarcoisland.com Community Meeting Room City Council Chair: Jared Grifoni Vice-Chair: Erik Brechnitz City Council: Rich Blonna, Greg Folley, 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

December 4, 2023City Council Meeting Minutes - Final 1. Call to Order Outgoing Chair Greg Folley called the meeting to order at 5:30 P.M. 2. Roll Call Councilor Blonna, Councilor Irwin, Councilor Palumbo, Councilor Rola, Councilor Folley, Councilor Brechnitz and Councilor Grifoni Present: 7 - 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 Daniel J. Smith, Community Affairs Director Justin Martin, Public Works Director Miguel Carballo, Fleet & Facilities Manager Angela Johenning, Purchasing & Risk Manager Martin Luna, Video/Broadcast Technician Jim Kornas, Recording Specialist Citizens and Visitors 3. Invocation Offered by Pastor Casey Nowlin of the First Baptist - The Family Church. 4. Pledge of Allegiance Led by outgoing Chair Folley 5. Election of Chair and Vice-Chair ID 23-3064 Election of Chair and Vice-Chair Chair Folley expressed his appreciation for the honor of leading the Council over the past year, and he conveyed his intention to wholeheartedly support the Council's next elected City Council Chair. He then opened the floor to the Council for nominations to this role. MOTION by Councilor Brechnitz nominating current Vice-Chair Grifoni as Chair of the Marco Island City Council. Yes: Councilor Blonna, Councilor Brechnitz, Councilor Grifoni, Councilor Irwin, Councilor Palumbo, Councilor Rola and Councilor Folley 7 - MOTION by Councilor Rola nominating Councilor Blonna as Chair of the Marco Island City Council. [NOTE: Councilor Blonna respectfully declined his nomination prior to the Council's vote on Councilor Brechnitz's nomination, and no vote was taken.] Chair-Elect Grifoni thanked his fellow Councilors for their support, assumed the of position of Chair, and opened the floor for nominations to the position of Vice-Chair of the Marco Island City Council. MOTION by Councilor Folley nominating Councilor Brechnitz as Vice-Chair of the Page 1City of Marco Island Florida

December 4, 2023City Council Meeting Minutes - Final Marco Island City Council. Yes: Councilor Brechnitz, Councilor Irwin, Councilor Rola and Councilor Folley4 - No: Councilor Blonna, Councilor Grifoni and Councilor Palumbo3 - MOTION by Councilor Grifoni nominating Councilor Blonna as Vice-Chair of the Marco Island City Council. [NOTE: Motion not voted upon given the previous 4-3 vote tally in favor of Vice-Chair Brechnitz. (THE MEETING WENT INTO RECESS AT 5:35 P.M. TO ADJUST THE ELECTRONIC EQUIPMENT TO RECOGNIZE AND ALIGN WITH THE NEW COUNCIL POSITIONS AND SEATING ARRANGEMENT. ALL COUNCILORS WERE PRESENT WHEN THE MEETING RECONVENED AT 5:41 P.M.) 6. Approval of the Agenda MOTION by Vice-Chair Brechnitz, seconded by Councilor Blonna that the Agenda be Approved. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: Yes: Councilor Blonna, Councilor Irwin, Councilor Palumbo, Councilor Rola, Councilor Folley, Councilor Brechnitz and Councilor Grifoni 7 - 7. Approval of the Minutes ID 23-3174 Approval of the City Council Meeting Minutes of November 6, 2023 Councilor Rola identified a scrivener's error on page 8 of the Minutes of the November 6, 2023 Meeting. [Editorial Note: the error was corrected prior to the public release of the Minutes following the meeting.] MOTION by Councilor Folley, seconded by Councilor Rola, that the City Council Meeting Minutes of November 6, 2023 be Approved as Amended. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: Yes: Councilor Blonna, Councilor Irwin, Councilor Palumbo, Councilor Rola, Councilor Folley, Councilor Brechnitz and Councilor Grifoni 7 - 8. Approval of Consent Agenda Vice-Chair Brechnitz requested that Item 8c. (Award a Purchase Order ... for the Replacement of the Police and Community Room Building's Outdoor Air System ...) be removed from the Consent Agenda. [Note: Item 8c. is now recorded in these Minutes under Item 14 (Items Removed From The Consent Agenda)] MOTION by Councilor Folley, seconded by Councilor Irwin, that the Consent Agenda be Approved as Amended. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: Yes: Councilor Blonna, Councilor Irwin, Councilor Palumbo, Councilor Rola, Councilor Folley, Councilor Brechnitz and Councilor Grifoni 7 - [Approval of the Consent Agenda Passed The Routine Items Listed Below] Page 2City of Marco Island Florida

December 4, 2023City Council Meeting Minutes - Final a. ID 23-3205 Resolution - Approving the Uniform Method for Collection of Non-Ad Valorem Assessments - Guillermo Polanco, Director, Finance b. ID 23-3279 Resolution - Removal of RIBS Property from Surplus Property List - Casey Lucius, Ph.D., Assistant City Manager d. ID 23-3253 Award of Contracts to Twelve (12) Companies for Public Infrastructure Construction Services on an As-Needed Basis (RFQ 2023-029) - Angela Johenning, Purchasing & Risk Manager e. ID 23-3258 Award of Contract to Master Pyro Display LLC, for the 2024 and 2025 4th of July Fireworks, in the Amount of $78,000, with an Option for One, Two-Year Extensions, Subject to Budget Appropriation - Angela Johenning, Purchasing & Risk Manager f. ID 23-3252 Authorize the City Manager to Execute a One-Year Contract Renewal with Maudlin & Jenkins LLC in the Amount of $65,000 to Perform the City's Annual Financial Audit for the Fiscal Year Ending on September 30, 2023 - Angela Johenning, Purchasing & Risk Manager g. ID 23-3286 Award of Contracts to Ten (10) Companies for Specialty and General Contracting Services on an As-Needed Basis (RFQ 2023-030) - Angela Johenning, Purchasing & Risk Manager h. ID 23-3248 Authorize the City Manager to Issue a Purchase Order to One Source Construction Inc. for the Repair of Thirteen (13) Storm Boxes at Tallwood Street, Elkcam Circle, and 6th Avenue, Including Storm Sewer Pipe Repair at 6th Avenue in the Amount of $126,800.00, Using the City Public Infrastructure Construction Services Contract 2021-006 - Justin Martin, P.E., Director, Public Works 9. Proclamations and Presentations a. ID 23-2750 Employee Service Awards: Jesse Yarnell - 15 Years City Manager Mike McNees recognized and called forward City Employee Jesse Yarnell to receive his appreciation of service recognition certificate and pin as presented by newly-elected City Council Chair Jared Grifoni. Mr. Yarnell received a warm round of applause from all present. b. ID 23-2946 Proclamation - Daughters of the American Revolution (DAR) Recognizing the 250th Anniversary of the Boston Tea Party - Presented to Ms. Valinda J. Bilbrey, Chairman of the Chapter’s America 250 Celebration Committee City Council Chair Jared Grifoni read a Proclamation recognizing the forthcoming 250th anniversary of the Boston Tea Party on December 16, 2023, and he presented the Proclamation to Ms. Valinda J. Bilbrey, Chair of the Marco Island Daughters of the American Revolution (DAR) Celebration Committee, and five members of the Committee's Marco Island Chapter. Ms. Bilbrey encouraged all present to visit the Chapter's website and to participate in the Chapter's commemorative December 12, 2023 Community Tea Party at the Rose History Auditorium on Marco Island. Page 3City of Marco Island Florida

December 4, 2023City Council Meeting Minutes - Final 10. Citizens' Comments on Agenda Items Not Scheduled for Public Hearing and Items Other Than Those Appearing on the Agenda The following individuals came forward to express their opposition to the proposed ordinance and amendments to the City's Land Development Code to allow condominium associations and affected houses of worship the freedom to offer public paid parking in the Residential Multi-family (RMF-16) and Residential Tourist (RT) districts within the area known as the "Collier Beach Corridor". Ms. Patricia Dinella (N. Collier Blvd.) Ms. Sandy Schuman (S. Collier Blvd.) Mr. Bob DeCrow (N. Collier Blvd.) Ms. Ethyl Babyak (N. Collier Blvd.) Ms. Peggy Quinn (N. Collier Blvd.) Ms. Jena Hall Hagen (N. Collier Blvd.) Mr. Jim Johnston (N. Collier Blvd.) Mr. Frank Madden (N. Collier Blvd.) Ms. Pam Gill (N. Collier Blvd.) Ms. Anita Sargese (Manor Terr.) The following individuals also came forward to address the Council: Mr. Peter Rigas (Amber Ct.) expressed his belief that, though the currently-proposed ordinance and amendments to the City's Land Development Code "may have missed the mark", he encouraged the City Council to continue to work on pursuing parking solutions for all areas of the Island. Mr. Robert Bowe (S. Joy Cir.) shared his observations and safety concerns regarding traffic and parking on Joy Circle. He requested that the Council direct the City Staff to erect No Parking signs in the swales on Joy Circle, and to redesign the turnaround on West Elkcam Circle so as to not encourage drivers to enter South Joy Circle to complete the maneuver. [Editorial Note: Mr. Bowe's scripted comments are listed on www.marcoisland.com under Our Government > Agendas and Minutes > City Council 12/4/23 > Meeting Details] Mr. David Thomsen (Seaview Ct.) raised concern with a low-lying area of the beach between Sunset House North and the South Seas Towers Condominiums where rainwater has been collecting and transitioning into a grassy marsh over the summer months. He asked the Council to request Collier County action to rake this portion of the beach. City Manager McNees indicated that he was already addressing this situation with the County. Ms. Fritzi Holmes (Eubanks Ct.) addressed the "No Parking" signs in the swale along Sand Hill Street in front of the YMCA. She asked that the City review and reverse this condition. Ms. Christine Dowell (Biscayne Way) followed Ms. Holmes and indicated that the presence of "No Parking" signs in front of the YMCA along Sand Hill Street was a condition of the building site and construction approval when the Y was originally built. [Editorial Note: No City official at the meeting either corroborated or refuted this assertion] 11. Quasi-Judicial Public Hearing None. 12. Ordinances A. Public Hearings Page 4City of Marco Island Florida

December 4, 2023City Council Meeting Minutes - Final ID 23-3282 Ordinance - Second Reading - Amending Chapter 46, “Telecommunications,” Article IV, “Telecommunications Facilities in Public Rights-of-Way,” - Justin Martin, P.E., Director, Public Works City Clerk Joan Taylor read Ordinance 23-01 into the record by title only. Public Works Director Justin Martin briefly summarized the reason for the proposed Ordinance, and he noted that two telecommunications companies have advised the City of their desire to begin laying underground cable in the public rights-of-way on Marco Island. In response to Vice-Chair Brechnitz's question, City Attorney Alan Gabriel and City Manager Mike McNees confirmed the existence of a Florida statutory requirement that necessitates the passage of a local ordinance giving the City the power to require a restoration bond from entities not contracted by the City when working in the public rights-of-way. No members of the public came forward to offer comment. MOTION by Councilor Folley, seconded by Councilor Blonna that Ordinance 23-01 - Amending Chapter 46, "Telecommunications", Article IV, "Telecommunications Facilities in Public Rights-of-Way", be Approved on Second Reading. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: Councilor Blonna, Councilor Irwin, Councilor Palumbo, Councilor Rola, Councilor Folley, Councilor Brechnitz and Councilor Grifoni 7 - B. First Readings 1. ID 23-3285 Ordinance - First Reading - Referendum Amendments to the Charter of the City of Marco Island to Provide for an Increase in Salary for the Chairman and Council Members - Vice-Chair Jared Grifoni City Clerk Joan Taylor read the ordinance into the record by title only. Chair Grifoni, who advanced the proposal to increase the salary of future elected City Councilors in a white paper that he presented to the Council on October 2, 2023, led the discussion on this topic with the Council. City Attorney Alan Gabriel proposed two wording modifications for the Second Reading of this ordinance, should it be approved by the Council on its First Reading: Modification #1: change "March 19, 2024 Primary Election Ballot" (in the Ordinance title) and "General Municipal Election" (in Section 4) to "March 19, 2024 Presidential Preference Primary", and; Modification #2: change "cost of living increase" (in Section 3.03 - Compensation) to "general wage adjustment". No members of the public came forward to offer comment. MOTION by Councilor Palumbo, seconded by Councilor Blonna, that Ordinance - Referendum Amendments to the Charter of the City of Page 5City of Marco Island Florida

December 4, 2023City Council Meeting Minutes - Final Marco Island to Provide for an Increase in Salary for the Chairman and Council Members, be Approved as Amended on First Reading. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: Councilor Blonna, Councilor Irwin, Councilor Palumbo, Councilor Folley and Councilor Grifoni 5 - No: Councilor Rola and Councilor Brechnitz2 - 2. ID 23-3284 Ordinance - First Reading - Referendum Charter Amendment Change in the Title of the Chief Elected Officers from Chairman and Vice-Chairman to Mayor and Vice-Mayor - Vice-Chair Jared Grifoni City Clerk Joan Taylor read the ordinance into the record by title only. Consistent with his recommended wording modifications outlined under Item 12(B)1, City Attorney Alan Gabriel proposed that the language for this ordinance, if approved by the Council on its First Reading, be modified to refer to the March 19, 2024 ballot as the "Presidential Preference Primary" ballot. Public Comment Ms. Christine Dowell (Biscayne Way) thanked the Council for clarifying the fact that this proposed Referendum Charter Amendment specifies that the proposed Mayor and Vice-Mayor positions will be elected by the members of the Council and not directly by the voters of Marco Island. MOTION by Councilor Folley, seconded by Councilor Blonna, that Ordinance - Referendum Charter Amendment - Change in the Title of the Chief Elected Officers from Chairman and Vice-Chairman to Mayor and Vice-Mayor, be Approved as Amended on First Reading. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: Councilor Blonna, Councilor Irwin, Councilor Palumbo, Councilor Folley, Councilor Brechnitz and Councilor Grifoni 6 - No: Councilor Rola1 - 3. ID 23-3276 Ordinance - First Reading - Health Freedom Bill of Rights - Chair Greg Folley City Clerk Joan Taylor read the ordinance into the record by title only. Councilor Folley, who advanced the proposal to adopt a Health Freedom Bill of Rights in a white paper that he presented to the Council on November 6, 2023, summarized his reasoning for aligning with Collier County's similar ordinance, and he led the discussion on this topic with the Council. Public Comment Dr. Richard Schroeder (Naples) expressed his support for the Health Freedom Bill of Rights and shared data and findings from the March, 2022 U.S. Food and Drug Administration release of the Pfizer COVID vax documents. Mr. Scott Kiley (Cutler Ct.) stated that he supported the Health Freedom Bill of Rights. Page 6City of Marco Island Florida

December 4, 2023City Council Meeting Minutes - Final Mr. Howard Reed (Bald Eagle Dr.) expressed his support for the proposed ordinance, and he recommended that Sections 8 through 10 be changed to reflect that a supermajority vote by the City Council must be achieved to amend any element of the ordinance. MOTION by Councilor Folley, seconded by Councilor Irwin, that the Ordinance - Health Freedom Bill of Rights - be adopted on its First Reading with the following modifications: 1) Section 8: Vaccine Mandates for City of Marco Island Employees be amended to remove the phrase "... except by supermajority of the Board ...", and; 2) with a Section to be added prior to its Second Reading outlining that any amendment to this Ordinance requires a supermajority vote of the Marco Island Council. MOTION CARRIED BY THE FOLLOWING VOTE: [Editorial Note: City Attorney Alan Gabriel advised the Council that, the supermajority voting requirement to amend this proposed Ordinance will also apply to its initial adoption and passage on both its First and Second Readings] Yes: Councilor Blonna, Councilor Irwin, Councilor Palumbo, Councilor Rola, Councilor Folley, Councilor Brechnitz and Councilor Grifoni 7 - 13. Resolutions & City Council Items a. ID 23-3278 Resolution - Health Freedom Bill of Rights - Chair Greg Folley City Clerk Joan Taylor read Resolution 23-61 into the record by title only. Councilor Folley reiterated his rationale for aligning both the this proposed Resolution and the previously discussed Ordinance with the action taken by Collier County on its Health Freedom Bill of Rights. Public Comment Dr. Richard Schroeder (Naples), in continuation of his commentary under Item 12(B)3 (Ordinance - First Reading - Health Freedom Bill of Rights), shared further observations regarding COVID-19 vaccines. Mr. Scott Kiley (Cutler Ct.) reiterated his support of the Health Freedom Bill of Rights, and he expressed the need for public dialogue on the learning that emerged from and following the COVID-19 pandemic. MOTION by Councilor Irwin, seconded by Councilor Blonna, that Resolution 23-61 - Health Freedom Bill of Rights, be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: Councilor Blonna, Councilor Irwin, Councilor Palumbo, Councilor Rola, Councilor Folley, Councilor Brechnitz and Councilor Grifoni 7 - b. ID 23-3289 Resolution - Creating the Ad-Hoc Business Development and Redevelopment Advisory Committee - Councilor Rich Blonna City Clerk Joan Taylor read Resolution 23-63 into the record by title only. Councilor Blonna, in observance of the initial, positive outcomes that were achieved during the recent Business Roundtable meeting between City officials and members of the business community, proposed that an Ad-hoc Business Development and Redevelopment Advisory Committee be commissioned under a template consistent with the structure and operating standards in place for the City's other on-going Advisory Committees. He also identified four focus areas for this Committee: 1) City Building Codes; 2) Page 7City of Marco Island Florida

December 4, 2023City Council Meeting Minutes - Final the City's Land Development Codes; 3) Zoning Issues, and; 4) Traffic and Parking. [Editorial Note: Councilor Blonna also identified a minor wording error under Section 2 of Resolution 23-63 and requested that the word "chose" be corrected to "chosen" in future drafts of this Resolution] A discussion ensued among the members of the Council. Public Comment Mr. Howard Reed (Bald Eagle Dr.) raised concern that this proposed Ad-Hoc Committee is redundant with the City's statutorily-required Planning Board. Mr. Niels Jorgensen (N. Collier Blvd.) noted distrust in the community, and he proposed that the City host a number of public forums where residents and members of the business community can discuss emerging development and redevelopment initiatives on the Island. MOTION by Councilor Irwin, seconded by Councilor Blonna, that Resolution 23-63 - Creating the Ad-Hoc Business Development and Redevelopment Advisory Committee, be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: Councilor Blonna, Councilor Irwin, Councilor Palumbo, Councilor Brechnitz and Councilor Grifoni 5 - No: Councilor Rola and Councilor Folley2 - c. ID 23-3283 Authorize the City Manager to Issue a Purchase Order in the Amount of $150,199 to TY Lin International for a Supplemental Agreement to Contract No. 2020-008 for Post Design Engineering Services for the Replacement of the West Winterberry Bridge Replacement Project - Justin Martin, P.E., Director, Public Works Public Works Director Justin Martin briefly summarized the recent and upcoming timetable for commencing work on the replacement of the West Winterberry Bridge, and he requested Council support for the subject purchase order. No members of the public came forward to offer comment. MOTION by Councilor Folley, seconded by Councilor Irwin, that the Authorization for the City Manager to Issue a Purchase Order in the Amount of $150,199.00 to TYLin International for a Supplemental Agreement to Contract No. 2020-008 for Post Design Engineering Services for the Replacement of the West Winterberry Bridge Replacement Project, be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: Councilor Blonna, Councilor Irwin, Councilor Palumbo, Councilor Rola, Councilor Folley, Councilor Brechnitz and Councilor Grifoni 7 - 14. Items Removed from the Consent Agenda 8c. ID 23-3035 Award a Purchase Order as a Result of ITB 2024-001 for the Replacement of the Police and Community Room Building’s Outdoor Air System to Page Mechanical Group, LLC in the Amount of $134,000.00 - Miguel Carballo, Manager, Fleet and Facilities Vice-Chair Brechnitz requested clarification on the classification of this proposed equipment replacement as either "maintenance" or "infrastructure improvement", and he asked if the funding to complete this Page 8City of Marco Island Florida

December 4, 2023City Council Meeting Minutes - Final work is eligible to be drawn from the City's allocation of Collier County's temporary 1% sales tax funds. Fleet & Facilities Manager Miguel Carballo responded to Vice-Chair Brechnitz's request and questions. No members of the public came forward to offer comment. MOTION by Councilor Irwin, seconded by Councilor Blonna, that the City Manager's Authorization to Award a Purchase Order as a Result of ITB 2024-001 for the Replacement of the Police and Community Room Building's Outdoor Air System to Page Mechanical Group, LLC in the Amount of $134,000.00, be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: Councilor Blonna, Councilor Irwin, Councilor Palumbo, Councilor Rola, Councilor Folley, Councilor Brechnitz and Councilor Grifoni 7 - 15. Council Communications & Future Agenda Councilor Folley, at the start of the Council Communications & Future Agenda portion of the meeting, initiated a Motion for Council consideration that was seconded by Councilor Irwin. MOTION by Councilor Folley, seconded by Councilor Irwin, to withdraw the discussion by the Council and the City Staff in pursuit of Item 13a. (ID 23-3054) of the September 18, 2023 Marco Island City Council Meeting entitled: "Discussion - Possibility of Allowing Parking Facilities to the Public in Multi-Family Residential Districts and Churches Along the Beach Corridor", and the related Item 10c.(ID 23-3267) "Ordinance - Public Parking in Multi-Family and Residential Districts" on the December 1, 2023 Marco Island Planning Board Agenda, be Approved. MOTION CARRIED BY THE FOLLOWING VOTE: Yes: Councilor Blonna, Councilor Irwin, Councilor Palumbo, Councilor Rola, Councilor Folley, Councilor Brechnitz and Councilor Grifoni 7 - Councilor Irwin proposed the removal of one upcoming topic on the Council's Future Agenda. [Note: see the following Future Agenda Items listing for additional detail] Councilor Palumbo expressed appreciation to his colleague Councilors for their encouragement and support during his first year on the Council, and he proposed that the Council and the public continue to champion open and constructive dialogue on issues that affect life on the Island. Councilor Blonna consulted with the Council for direction to the Waterways Advisory Committee regarding wastewater/reuse water goals for 2024. His invitation engendered considerable discussion among the members of the Council and with the City Manager. Councilor Palumbo, in support of City Manager McNees' recommendation, suggested that the Waterways Advisory Committee's first priority should be to address navigational issues in and around Marco Island before pursuing new initiatives to further lower the measured levels of total nitrogen and total phosphorous in Marco's waterways. Vice-Chair Brechnitz communicated his discussions with City Staff on properly noticing the public, and he encouraged Community Affairs Director Daniel Smith to schedule a Neighborhood Information Meeting (NIM) to solicit public reaction and input to proposed changes to the City's Ordinance on affordable housing. Chair Grifoni commended the City Staff for its work in support of the Marco Island Christmas Tree Lighting Event on December 2nd. He also encouraged his colleague Councilors to limit re-addressing issues that the Council had previously decided upon as the Council looks forward to its work in 2024. Page 9City of Marco Island Florida

December 4, 2023City Council Meeting Minutes - Final ID 22-2639 Future Agenda Items Councilor Irwin requested that "Beach Access North of Winterberry Access" be removed from the Future Agenda. Councilor Blonna requested that "Water Reuse" be added to the Council's Future Agenda. Councilor Rola requested that "Collier County's Report on Water Quality Initiatives" be added to the Council's Future Agenda. Council Folley requested that time be allocated on future Council agendas every quarter for updates by Marco Island City Council representatives to the: 1) Collier Metropolitan Planning Organization; the Collier County Tourist Development Council; 3) the Collier County Coastal Advisory Committee, and; 4) the Florida League of Cities. 16. Council Reports ID 23-3298 White Paper, Bill of Rights Sanctuary City, Chairman Greg Folley Councilor Folley requested Council support to bring forward an ordinance for First Reading in January, 2024 that establishes Marco Island as a Bill of Rights Sanctuary City in the State of Florida. The Council endorsed Councilor Folley's proposal and ordinance with a request that an additional "Whereas" statement be added to the draft ordinance to reference the U.S. Constitution's Ninth Amendment which protects the right for citizens to retain rights that are not expressly enumerated in the Constitution of the United States of America. No members of the public came forward to offer comment. City Manager Mike McNees, in consideration of the Council's discussion regarding potentially declaring Marco Island as a Bill of Rights Sanctuary City, raised question about the processes and procedures that would be required to effectively implement and enforce this ordinance, should it be adopted by the Council. Chair Grifoni received consensus support from the Council to direct that the administration and enforcement aspects of this ordinance accompany the Council's future consideration and discussion of its adoption when it returns to Council for the first of its two public readings. 17. City Manager's Report None. 18. City Attorney's Report ID 23-3254 City Attorney’s Report City Attorney Alan Gabriel offered his congratulations to new Council Chair Grifoni and Vice-Chair Brechnitz, and he reminded the Councilors of their need to pre-register if they intend to participate in the State-mandated ethics training session on December 8, 2023. [Editorial Note: the Council was initially advised of the availability of this training session during the November 6, 2023 City Council Meeting's "City Attorney's Report" (Agenda Item 17)] 19. Departmental Reports Page 10City of Marco Island Florida

December 4, 2023City Council Meeting Minutes - Final ID 22-2640 Monthly Departmental Reports No comments were raised regarding the Monthly Department Reports at this meeting. 20. Citizens' Comments Mr. David Crain (Gayer Way), Past Chair of the City's Waterways Advisory Committee, in referencing the Council's discussion regarding the Waterways Advisory Committee's priorities for 2024, shared his perspective and insights regarding the City's extensive efforts to achieve "unimpaired" status for the City's waterways with the Florida Department of Environmental Protection. 21. Adjournment There being no further business before the Council, Chair Grifoni adjourned the meeting at 9:18 P.M. ___________________________ Jared Grifoni, Council Chair ATTEST: ____________________________________ Joan Taylor, City Clerk PREPARED BY: ___________________________ Jim Kornas, Recording Specialist Page 11City of Marco Island Florida