Council Remembers Erik Brechnitz

The May 4, 2026, Marco Island City Council opened its meeting remembering Councilor Erik Brechnitz, who served eight years on the council, including four as chair. Prior to joining the council, Brechnitz served two years on the Marco Island Planning Board, bringing his total service to Marco Island to a decade.

This followed many years of public service in Decatur, Illinois, where he served on the city council and as mayor, as well as his years of service in the U.S. Air Force. Members of the City Council and the public offered numerous remarks praising his character, honoring his service, and lamenting his death as a great loss to his family, friends, and the Marco Island community.

An ordinance related to advanced wastewater treatment passed unanimously, though Vice Chair Rene Champagne argued that the City Council did not have all the information needed to make an informed business decision. City Attorney Alan Gabriel reminded the City Council that if the ordinance failed, it would be required to go on the August 18 ballot for voters to decide. In the end, Champagne voted in favor, stating, “I am going to vote in favor of the ordinance because I understand at any time we can withdraw it.”

The most extensive discussion centered on a highly controversial proposed sea turtle protection ordinance, which would prohibit fishing on the beach at night during sea turtle nesting season. Bonita Schwan, who has been advocating for the new regulation, said false crawls are up 86% over the past three years. She explained that false crawls are caused by artificial lights, human activity, and obstacles on the beach. She then made a motion to amend the ordinance to remove a requirement for groups of 10 or more people gathering on the beach at night during sea turtle nesting season to obtain a permit. The amended motion was seconded by Council Member Stephen Gray.

Schwan noted that the City Council had heard from about 600 concerned residents and emphasized that the ordinance had the support of the Chamber of Commerce and the more than 20,000 members of the Marco Island Civic Association.

Discussion focused in large part on the lack of enforcement of existing regulations. Vice Chair Rene Champagne pointed out that there are already laws in place designed to address troubling activity on the beach but they are not being enforced. Council Member Deb Henry echoed this message and explained that current ordinances already prohibit manmade objects such as wagons, chairs, coolers, pole holders, and lights on the beach at night during sea turtle nesting season.

Champagne went on to explore shark fishing specifically and the lack of enforcement of the law. According to the FWC, all shark fishing must adhere to FWC best practices, which include “minimizing fight time to reduce stress on the animal, prohibiting dragging sharks fully onto dry sand, keeping sharks in the water to the maximum extent possible…ensuring immediate and safe release.” He repeated that laws are in place that are not being enforced. 

Fourteen people signed up for public comment. A number of speakers defended shark fishing as a constitutional right, with one suggesting it is a beneficial activity that keeps children off the streets at night.

Two biologists questioned the narrative and response from the Florida Fish and Wildlife Conservation Commission. Marine biologist Spencer Roberts said a growing body of evidence shows that there is “widespread illegality” in the land-based shark fishing community and called it “a crisis of illegal shark fishing” in Florida. He said posing for photographs with protected sharks is illegal because it delays their release, pointed out that despite this prohibition, such images are widely available online, and said reports to the state are often met with no response. He shared that the FWC issued just one citation for illegal shark fishing practices in 2025.

Roberts also said drone fishing is illegal on Marco Island and across the United States given the “Airborne Hunting Act,” and argued that regulators are not adequately enforcing existing laws. This concern about the illegality of drone fishing was echoed by wildlife biology professional Shaylin Gordon, who also said that there are individuals on Marco Island engaging in practices that are “not only unethical, but also in direct violation of multiple federal and state wildlife protection laws.”

After much discussion, Schwan suggested a straw poll on the amended ordinance. When Henry, Goehler, Palumbo, and Champagne indicated they would not support it, she withdrew the motion. A motion on the original, unamended ordinance was then made in order to follow protocol. It failed when it did not receive a second. As a result, no new ordinance was adopted regarding nighttime beach fishing during sea turtle nesting season.

Existing rules regarding harassment of protected species remain in place. The ordinance states that it is unlawful for anyone to kill, molest, cause a disorientation, or cause direct or indirect injury to any species of sea turtle or sea turtle hatchlings, their nests, and/or eggs in the City of Marco Island. It is unlawful to engage in any intentional or negligent act or omission that creates the likelihood of injury to wildlife by annoying it to such an extent as to significantly disrupt normal behavioral patterns. All manmade movable obstructions such as beach furniture, tents, and bikes must be removed from the beach by 9:00 PM.

The City Council then discussed the Winterberry Beach Access Boardwalk. Staff presented a plan to replace the boardwalk with a blue mat system at an estimated cost of $347,750. City Council members discussed the proposal, with some arguing that replacing the boardwalk would be the better option. A motion to proceed with the mat system failed, after which a motion to replace the boardwalk with a new boardwalk structure at an estimated cost of $849,400 passed.

The City Council also considered two bond proposals for bridge, road, and infrastructure improvements. The first proposal, for $34 million, was presented with the intent to pursue a higher amount before considering a lower alternative. Champagne supported the $34 million proposal, saying it would ultimately save time and money.

In support of the higher bond number of $34 million, Deb Henry pointed out that “The level of service [study] is going to be coming out to us, the traffic level service, what are we going to do when that tells us all these changes we should make to accommodate traffic on our island and how are we going to be able to pay for it, this level of service that so many people demanded, because we still haven’t made the changes that the level of service since 2013 wanted.”

After much discussion, Champagne made a motion for the $34 million bond initiative, but that motion failed for lack of a second.

Arguing for a lower bond initiative not to exceed $23 million, Chair Darrin Palumbo said, “I sat here and avoided a stalemate by breaking my word, by raising taxes.” He later said that “Our citizens continue to vote the counselors in that say I am not raising your taxes…They want low taxes and fiscal responsibility…I challenge you in the next election, those counselors that put your names in, to say ‘Vote me in, I’m raising your taxes, I’m fixing the island,’ and see how quick they are sitting here.”

Palumbo explained that he was supporting the lower number of $23 million dollars because he believed it has the highest chance of being approved by the voters in August, especially if the council was united in that decision. The motion for a bond not to exceed $23 million then passed unanimously and is expected to go before voters in August.

At the end of the meeting, Chair Palumbo discussed the process for filling the City Council seat left vacant by Erik Brechnitz’s death. The City Council must fill the vacancy by the end of its June 15 meeting. Vice Chair Champagne suggested that filling the spot quickly is important to avoid 3-3 tie votes on upcoming issues, and he said that he already knows of people who are prepared to submit their names.

It was agreed that a call for applicants will be posted on the city website starting May 5, 2026, with the application period closing at 8:30 AM on Monday, May 11, 2026. City Council members also agreed to fill the vacancy through straight motions and up-or-down votes.