Marco Council Approves City Manager Contract, Pickleball Sound Barrier Test and More

Marco Island City Council moved through a wide-ranging agenda Monday night that included hurricane preparedness, pickleball noise mitigation, advisory committee reforms, City Manager Dr. Casey Lucius’ employment agreement, police funding questions and enforcement concerns tied to sea turtle protection.

Fire Chief Chris Byrnes gave a hurricane preparedness presentation, urging residents to plan ahead before a storm threatens the island. Byrnes said the current forecast calls for a slightly below-average hurricane season, with the potential for 11 named storms, six hurricanes and two major hurricanes, though he cautioned that uncertainty remains high.

Byrnes encouraged residents to create a plan, build a supply kit, know their evacuation routes and sign up for CodeRED, the public alerts app the City uses to communicate with the community during emergencies. A hurricane preparedness town hall is scheduled for noon Monday, June 22.

Council then revisited pickleball noise at the Marco Island Racquet Center. Parks and Recreation Advisory Committee Chair Dolores Siegel presented a proposal to use $36,200 in previously approved funds to add sound-deadening barriers between and around the eight existing courts.

There had previously been discussion about expanding the courts from eight to 16, but Siegel said the Parks and Recreation Advisory Committee determined the first step should be finding an effective way to reduce pickleball sound for nearby residents.

Several council members said a longer-term solution will likely require moving pickleball indoors or to a larger facility, but supported trying the proposed mitigation first. Nearby residents said they supported testing the sound barriers, but strongly opposed any expansion of the facility. They urged the City to monitor whether the barriers work through the next winter season.

Council voted unanimously to move forward with the sound barrier experiment.

Council also approved placement of a 9/11 memorial statue on city property near the fire station. Byrnes said the project would honor those who died on Sept. 11, 2001, as well as the first responders who served during and after the attacks.

The memorial, described as 7 feet tall and 6 feet wide and designed to resemble the Twin Towers, will be funded entirely through donations to the Fire Rescue Foundation, with no cost to the City. The item passed 7-0.

A lengthy discussion followed on the future of the City’s advisory committees. Lucius said some committees may need more direction or fewer meetings because of absenteeism, demands on staff time and uncertainty over whether the committees are producing recommendations useful to council.

Council then discussed whether some committees should refrain from meeting during the summer, when attendance can be spotty and staff is heavily involved in budget work.

The Waterways Advisory Committee drew particular attention, with several comments about infighting and difficulty reaching consensus.

Chair Darrin Palumbo objected to criticism of the committee. Addressing other members of council, he said, “You have given Waterways a hard time and it’s not deserved…You turned your appointees into political pawns and made this a fight about AWT.”

Palumbo suggested that some council members had appointed people to the Waterways Advisory Committee specifically to fight for advanced wastewater treatment.

Council member Deb Henry rejected that characterization. “I gave my appointee a list of things,” Henry said. “AWT was not even on it.” Henry said she purposefully does not impose her opinions on her appointees.

Council member Stephen Gray also strongly objected to Palumbo’s comment. Gray added that the tone and conflict within the Waterways Advisory Committee had been established long before he joined council.

Gray also shared that he believes there is a great deal of wisdom in the community, saying, “I’m a big believer in leveraging these committees, not suppressing them.” He urged council to allow the committees themselves to determine how often they meet and what they focus on.

Vice Chair Rene Champagne said the central issue was the city manager’s concern that limited staff time is being consumed by meetings that are not always productive.

Several committee members pushed back against reducing meetings, saying the problems they are working to address do not go away in the summer and that committees should be allowed to determine their own schedules.

Siegel, chair of the Parks and Recreation Advisory Committee, described the committee’s broad role in city life. She said the committee works on issues involving the playground and splash pad, the Airnasium, bocce fields, softball fields and dog park, as well as indoor activities at Mackle Park such as mahjong, pool, canasta and line dancing.

She also said the committee helps organize the farmers market, art shows and events at Veterans Community Park, as well as celebrations for Veterans Day, Memorial Day and other community events.

“We’re the committee that gets no respect, but I think we touched every single one of the 14,000 people who live here on Marco Island,” Siegel said.

Linda Scherzinger, vice chair of the Beautification Advisory Committee, also defended the work of advisory committees. Scherzinger listed 17 areas handled by the Beautification Advisory Committee each year, including Marco in Bloom, Marco Nature Night, Tree City USA, Christmas lights, the 10,000 Trees Program and fertilizer education.

Council voted unanimously to allow advisory committees to meet nine months per year, with two possible workshops, while allowing the committees to set their own schedules.

Council also approved Lucius’ employment agreement.

Gray raised concerns about the open-ended nature of the contract and the 20 weeks of severance, suggesting that 10 weeks may be more appropriate. Council member Kevin Dohm asked whether the severance figure could actually be increased, but was told it is already the maximum allowed by statute.

Council member Tamara Goehler said her main concerns involved Lucius not living on the island and her desire for her to have a probationary period. However, Goehler added that Lucius has effectively already been on probation for six months and is doing a good job.

The contract was unanimously approved.

The reappointment of Martin Winter to the Waterways Advisory Committee was removed from the consent agenda. Winter had missed more than 30% of meetings, which led to his removal under attendance rules.

During public comment, Waterways Advisory Committee member Ralph Rohena questioned why the matter had originally been placed on the consent agenda, argued the City should carefully follow its ordinances, and indicated that there is no reinstatement option in the code of ordinances. He then said that he was concerned there may be “collusion” going on which led to the cancellation of the next meeting, at which he was scheduled to do a presentation that would explore the next step for cleaning up the waterways.

City Attorney Alan Gabriel suggested the matter should be treated as an appointment, rather than a reinstatement, which would negate objections related to the attendance rules.

Council reappointed Winter by a 5-2 vote, with Gray and Goehler opposed.

The meeting also touched on the recently settled Salazar case involving a Marco Island Police Department captain. It was explained that he was driving a city vehicle in Naples when he struck another vehicle. Gabriel said the City settled the claim for $30,000 after the claimant originally sought more than $100,000 and the insurer recommended settlement.

A member of the public questioned whether the vehicle was being used for city business, whether the taxpayers should be paying to defend the officer, and asked council to verify the facts publicly.

Gray also asked whether the officer was on duty and authorized to drive the vehicle, and why the matter had been listed as a workers’ compensation issue in the city attorney’s report. That question was not answered during the meeting.

Near the end of the meeting, Chair Palumbo revisited the possibility of seeking information from the Collier County Sheriff’s Office about police services. He said the issue had “taken on a life of its own” and urged council to reconsider. He said he would raise taxes before going back to the county for police services.

Council member Bonita Schwan said she was seeking the information so council could make an informed decision, particularly as the City faces ongoing budget pressures, rising insurance and health insurance costs, and the need to fund pension obligations. She said council was elected to keep the City’s fiscal house in order, and that understanding the City’s options is part of that responsibility. 

Palumbo asked for consensus to drop the idea entirely and not seek the cost estimate from the county. He did not get consensus, so the City will move forward with obtaining the number from the county.

Schwan also raised concerns about beach enforcement and sea turtle protection. She cited a May report that chronicled numerous infractions, including lights from condominiums, pedestrian lights, man-made objects on the beach, shark fishermen and spectators.

Schwan said that despite an ordinance requiring officers to issue written warnings, zero written warnings or violations were issued in May. She argued that written warnings are important because they establish a record for repeat violations.

Lucius said Interim Police Chief Joseph Belardo has been implementing new protocols and that council can expect to see stronger enforcement in the future.

During council communications, Dohm asked to place on a future agenda the possibility of moving city council meetings to 9 a.m. Mondays, citing fatigue among staff during long evening meetings. Council members acknowledged that daytime meetings could make attendance more difficult for residents who work during the day, but agreed the idea should be explored.

Council postponed discussion of the city attorney’s contract to a future agenda because of the late hour.