Marco Council Yet to Fill Vacant Seat, Elect Chair

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Marco Island City Council went to the dogs, so to speak, on Monday when discussions included ADA compliance at Canine Cove; a Councilwoman’s dogs attacking a child walking a puppy and removal of a heckling member of the public from the meeting.  

Meanwhile, City Council has yet to agree on a chair, vice chair and to fill a vacant Council seat by appointment. The six Council members decided Monday, December 9 to wait until their next regularly scheduled meeting, 5:30 PM Monday, January 6, to decide all three matters.  

Council attempted, as they had in November, to see if they could agree upon a chair and vice chair at the outset of the meeting.  

“We’ll see if we are still at impasse,” said acting-Chairman Erik Brechnitz, only to find no one nominated a council chair on Monday.  

Councilman Darrin Palumbo suggested waiting until the end of the next meeting, scheduled January 6, to decide upon a chair and vice chair. 

“Wait until we have the seventh council member appointed and an odd number of council members up here,” Palumbo suggested.  

Council agreed, passing a motion unanimously, 6-0, made by Councilman Stephen Gray and seconded by Councilwoman Deb Henry, without further discussion.  

Also moved from Monday to the January 6 meeting is the contract for repairs to the Winterberry Bridge; selection of that final council member of the four finalists who are vying for the seat left vacant by former Councilman Greg Folley; and appointment of several volunteer committee members.  

In other matters, Council: 

  • Extended the application deadline for City committees and boards to January 9: Council voted to extend the deadline for applications to serve on City committees and boards from Friday, Dec. 17 to Thursday, January 9, so that three of the four Council finalists who are not selected to fill the vacant Council seat during the January 6 meeting could then be considered to serve on committees instead, if they choose. Council unanimously approved the deadline extension to January 9, 6-0. Openings are for seats on the Planning Board, Waterways Committee, Audit Committee, Beach and Coastal Committee, Beautification Committee, and Parks and Recreation Committee. 

  • Non ad valorem taxes: Upon Henry’s request, Council removed an item from the consent agenda to the regular agenda to allow discussion about the non ad valorem taxes some residents see on their tax bills. These are primarily fees from the septic tank replacement program, which occurred from approximately 2006 through 2013 and remain attached to a property until it sells or is refinanced, at which time any unpaid amounts are due.  

  • State priorities and support: Council heard from lobbyist Ronald Book on legislative priorities in the state, including his suggestion to prioritize “shovel ready” projects with 50 percent matching City funds as well as to expect an agreement to allow for elevated car parking at public universities and colleges during a state declared emergency, such as a hurricane. Book and Palumbo also discussed possibilities for affordable housing, such as affordable rentals on island or other off-island options, in coordination with the Live Local Act. 

  • JW Marriott Marco Island Beach Resort garnered attention following public comment about the Marriott with approximately 800 chairs on the beach; wastewater from their pool and spa draining to the beach; large tiki huts and activities that are disturbing, according to neighbors. Brechnitz noted that the Marriott seemed to have more beach area than others when looking at the mean high water line and erosion control line, but didn’t understand why, he said. City Manager Mike McNees intends to look into activities and maps related to the Marriott, he said. 

  • Christmas Island Style: During public comment, Wanda Burson, chairwoman of Christmas Island Style, announced several events, including December 14 Christmas Parade tailgating event; December 21 Santa comes to Mackle Park in a helicopter and the annual evening boat parade starting 6:00 PM, among others. 

  • Flags for Heroes event: Sean Duggan, of Noontime Rotary Club of Marco Island, spoke of sponsorships for heroes from all walks of life for a weeklong event beginning February 17 in a Field of Flags at the corner of San Marco Road and San Hill Street. Flags for heroes may be sponsored at prices ranging $50 to $10,000, Duggan said.  

  • New Medical Director: Dr. Hunter Brown, emergency medicine specialist of Physicians Regional Medical Centers Collier Boulevard and Pine Ridge Road locations, was announced as the City’s new medical director by Fire Chief Chris Byrne in accordance with changes in state requirements for cities offering advanced life support services. Collier County ordinance changes also would allow Marco Island to provide ambulance service, though McNees warned that transport off island is a financial loss with costs for service far exceeding $1 million annually. City staff are to further estimate costs and benefits of providing emergency transport. In the meantime, Brown intends to lead the City to provide the best possible pre-hospital care, he said.  

  • Member of public to be removed from meeting for creating a disturbance: Councilwoman Bonita Schwan stated she was being heckled or otherwise harassed by a member or multiple members of the Council audience and requested Police Chief Tracy Frazzano put an end to the disturbance, which she did.  

  • Schwan on MPO: Schwan volunteered to be considered for the Metropolitan Planning Organization, which facilitates construction of streets and highways in Collier County. Council agreed unanimously, 6-0, to appoint Schwan to the MPO. 

  • Gray on SWFL League of Cities: Gray was appointed unanimously, 6-0, to the Southwest Florida League of Cities, which, among other things, works on state legislative priorities.  

  • Boat Parking: Council sent a discussion on boat parking on residential properties back to the Planning Board after the Planning Board declined to pass changes to allow for boat parking in backyards behind fences or with other accommodations. The matter came down to balancing between what some islanders perceive as unsightly boats in residential areas while offering compassion toward what Palumbo described as a growing middle class on Marco Island. The Planning Board is to review alternatives that could accommodate aesthetics as well as fair access to use of waterways among economic classes of people.  

  • Councilwoman Response to Dog Attack: Council heard from resident Julianne Jones who stated that Councilwoman Tamara Goehler’s response to two dogs running out Goehler’s front door and attacking Jones’ daughter and puppy on Saturday, December 7 were inappropriate.  

Council Communication: Dog Park Accessibility and ADA Compliance 

Palumbo said City staff is looking at upgrades to make Canine Cove dog park accessible to service dogs and the people they serve. Canine Cove would comply with Americans with Disabilities Act by improving accessibility by wheelchair. Palumbo announced a request for donations to quicken the process of providing access. 

Future Agenda: 

  • Councilman Gray requested to amend the city ordinance regarding service on city boards and committees by restricting former council members to wait at least two years from the end of their term before serving on a volunteer committee. Gray’s suggestion failed to garner enough support. Several members of Council said they didn’t believe the restriction would be helpful because there are limited applicants and former council members offer experience that boards and committees may need. Council seat finalist Teri Sommerfield spoke on the topic, saying committee members need to be heard and guided to ensure they’re fulfilling their missions. Gray’s motion to consider restricting former Council members’ service on boards to two years after their term failed in a tie 3-3 vote, with Henry, Palumbo and Schwan voting no.  

  • Gray requested a discussion on tabling the proposed controversial trolley service for four years, which Council acknowledged will be placed on a future agenda.  

  • Trimming of vegetation in beach dunes is to be discussed on January 6, Council confirmed. 

  • Comcast is to report to Council on strengthening protections during hurricanes at a future meeting, as recommended by Palumbo. 

City Manager Report: Lead and Copper Water Lines 

McNees reminded Council of a Town Hall meeting held at City Hall, 5:30 PM Thursday, December 12 regarding lead and copper in water service lines. 

City Attorney Report: Short Term Rental Lawsuit Dismissed 

Assistant City Attorney David Tolces advised that litigation involving short-term rentals was about to be dismissed with each party paying their own legal fees. The records from the case would become open to the public following a forthcoming dismissal announced by the judge, Tolces advised. The city had four lawsuits filed against them, now dismissed, following a state law change after Hurricane Ian, which hit in September 2022, that prevented cities from enacting restrictions or burdens to land development codes or comprehensive plans. The changes following Ian led to the City nullifying their short-term rental registration program, which cost the City approximately $727,000 to establish in 2022.  

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