During the October 19 City Council meeting, the Hilton redevelopment application was withdrawn; Councilor Bonita Schwan reported obtaining a temporary injunction against John David Boggs for stalking and cyberbullying and said it had already been violated, and Marco Island’s first Live Local housing project prompted extensive discussion. Council also approved studying a possible new property assessment to help fund fire services and authorized legal representation for Schwan.
At the start of the meeting, Chair Darrin Palumbo announced that the Hilton redevelopment application had been formally withdrawn, rather than rescheduled. Council then removed the hearing from the agenda.
During public comment, attorney Zach Lombardo, representing Olshan Properties, said the company remained committed to redevelopment but wanted more time to work through feedback before seeking a decision.
Opening public comments included objections to Palumbo’s use of an Audubon Western Everglades employee’s photograph and references to the organization in his campaign materials.
Resident Lynn Nathanson, who said she was speaking on behalf of Audubon Western Everglades and its Owl Watch coordinator, said neither the employee nor Audubon had authorized the use and expressed concern that voters could interpret the material as an endorsement.
Christine Dowell read a statement from Audubon Western Everglades explaining that the nonprofit does not endorse candidates and that photographs appearing in campaign materials should not be interpreted as organizational support.
In response, Palumbo said the photographs came from public sources, characterized their inclusion as an oversight, and apologized.
Schwan reported that on October 14, she had obtained a temporary injunction for protection against stalking and cyberbullying by John David Boggs. She described provisions prohibiting contact and requiring him to stay away from her residence, vehicle, and other specified locations, including City Council chambers.
Schwan also reported that Boggs had already violated the injunction and said that a hearing is scheduled for 9:00 AM on October 28 in Courtroom 4B in Collier County.
Palumbo said police were aware of the restrictions and prepared to act if necessary. Later in the meeting, Schwan requested that the City Attorney’s firm represent her at the hearing. Council unanimously authorized that assistance.
During the City Manager’s report, City Manager Dr. Casey Lucius recommended refunding the $3,500 resident Lisa Foster paid to appeal the Planning Board decision that approved the Walker’s Cay project. Foster sought Council review because of environmental concerns near the Everglades and unanswered questions about potential taxpayer costs for water and sewer infrastructure.
City Attorney Alan Gabriel said Foster did not qualify as a party entitled to appeal under the City’s ordinances, so the appeal would not be heard. Had he known the relevant facts beforehand, he said the City would not have accepted the appeal or payment.
Vice Chair Rene Champagne and Councilor Tamara Goehler opposed a refund, arguing that established rules should apply. Council nevertheless authorized offering it by a 4-3 show of hands.
During closing public comments, Foster said she did not intend to accept the refund because her goal was to have the project’s legal, technical, and environmental issues examined publicly. After studying utility maps, she said she could not locate a sewer line serving the property and questioned whether taxpayers would bear the cost of extending service, including piping and lift stations. She estimated that expense at a couple of million dollars, although that figure was not verified during the discussion.
Foster thanked Lucius for trying to help but disputed Gabriel’s determination about her standing. “I will be pursuing legal action. I think it’s important,” she said.
Council unanimously approved a study costing up to $65,000 to examine a possible separate property assessment to fund fire services. Fire-Rescue Chief Chris Byrne emphasized that no assessment was imposed and that further public discussion would precede any decision.
The study comes as voters consider Amendment 3, which would expand homestead property tax exemptions statewide and could reduce local government revenue. A separate fire assessment could help offset that revenue loss, although it could also offset some property owners’ potential tax savings.
Lucius said an assessment could cover approximately 75% of the City’s roughly $9 million to $9.5 million fire budget. Moving those expenses out of the general fund and outside the charter spending cap could free up money and spending capacity for infrastructure and other City needs. The study will examine possible rates for consideration during the fiscal 2028 budget process.
Live Local Project Raises Affordability, Environmental and Vacation Rental Questions
Council approved a land use restriction agreement for a proposed 27-unit Live Local development at 2330 San Marco Road, near Stevens Landing, after extensive discussion about affordability, environmental impacts, and local control.
Staff explained that Florida’s Live Local Act allows qualifying projects to proceed administratively and overrides certain local land use restrictions. Eleven units would be restricted to qualifying affordable rentals for 30 years.
Several councilors criticized the income ceiling of approximately $100,000 for a single person as too high, questioning whether the housing would reach lower-paid island workers who need it most. Goehler asked whether units could be reserved for local police officers, teachers or other island employees. Gabriel said the City could not impose that requirement.
During public comment, City Council candidate Rick Woodworth questioned whether tenants could sublease units to vacationers at higher rates. He asked about protections against subleasing and minimum lease terms, questions that were not clearly resolved during the discussion. Resident Lisa Foster raised similar concerns and urged rejection.
City Council candidate Dennis Bartolucci argued that Council should avoid voting on an agreement for a project officials said could proceed administratively. With questions unanswered, he said an affirmative vote would unnecessarily put Council on record as supporting it.
Residents and councilors also raised concerns about wetlands, gopher tortoises, and nearby conservation areas. Staff said environmental permitting requirements remained in place, and the applicant’s attorney said the project had undergone multiple rounds of staff review.
Gabriel and Lucius emphasized that the vote concerned the restriction agreement, rather than the development itself. They said rejecting it would not stop the project, while approving it would strengthen the City’s ability to monitor affordability and enforce compliance.
The agreement passed 6-1, with Goehler dissenting. Councilors Stephen Gray, Schwan and Palumbo expressed reservations but supported the agreement because officials said it put the City in a stronger position to monitor the affordable housing restrictions and enforce compliance.
Council next reviewed Lucius’ performance evaluation, which produced an overall score of 4.21 out of five.
Councilors praised her work and discussed a raise of either 3% or 5%. Supporters of the higher figure cited her responsibilities, performance, and the savings associated with her decision not to take City health insurance. Those favoring 3% emphasized consistency with the increase provided to general City staff.
Council approved the 3% increase.
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