City Council

City of Marco Island Florida 51 Bald Eagle Drive Marco Island, Florida cityofmarcoisland.com Meeting Minutes - Final Tuesday, January 21, 2025 2:00 PM Special-Called Meeting Community Meeting Room City Council Chair: TBD Vice-Chair: Erik Brechnitz City Council: Stephen Gray, Tamara Goehler, Deb Henry, Darrin Palumbo, Bonita Schwan City Manager: Mike McNees Assistant City Manager: Casey Lucius City Attorney: Alan L. Gabriel City Clerk: Joan Taylor City Council Meeting Minutes - Final January 21, 2025 1. Call to Order Vice-Chair Brechnitz called the meeting to order at 2:00 P.M. 2. Roll Call Present: 6- Vice-Chair Brechnitz, Councilor Gray, Councilor Goehler, Councilor Henry, Councilor Palumbo and Councilor Schwan Also Present Michael McNees, City Manager Casey Lucius, Assistant City Manager Alan L. Gabriel, City Attorney Tracy Frazzano, Police Chief Chris Byrne, Fire Chief Jose Duran, Information Technology Director Martin Luna, Video/Broadcast Technician Jim Kornas, Recording Specialist Citizens and Visitors 3. Approval of Agenda Vice-Chair Brechnitz requested that Agenda Item 5 (Citizens' Comments) be received by the Council prior to the Council's business to select a candidate to fill the City Council vacancy (Agenda Item 4a). MOTION by Councilor Palumbo, seconded by Councilor Henry, that the Agenda be Approved as Amended. MOTION CARRIED BY THE FOLLOWING VOICE VOTE: Yes: 6- Vice-Chair Brechnitz, Councilor Gray, Councilor Goehler, Councilor Henry, Councilor Palumbo and Councilor Schwan 4. Business - Selection of Candidate to Fill City Council Vacancy a. ID 25-4084 Selection of Candidate to Fill the City Council Vacancy - Joan Taylor, City Clerk Vice-Chair Brechnitz opened the Council's discussion by outlining a proposed two-round, paper ballot selection process that was distributed to each Councilor at the start of the meeting, and he offered his opinion on the interpretation of the City Charter's regarding the calling of a City-wide special election to fill the Council's vacant seat. All members of the Council participated in sharing perspectives, suggestions, and alternatives to Vice-Chair Brechnitz's proposed process, and City Attorney Alan Gabriel was consulted for his opinion on elements of the City's Charter, the Sunshine Law, and the responsibility of the Council to adopt and own its process to select its seventh member. MOTION by Councilor Palumbo, seconded by Councilor Henry, that the adoption of a sequential candidate-by-candidate verbal nomination and verbally-communicated Council voting process to select a seventh Marco Island City Councilor, be Approved. MOTION FAILED BY THE FOLLOWING COUNCIL VOTE: Yes: 3- Councilor Henry, Councilor Palumbo and Councilor Schwan No: 3- Vice-Chair Brechnitz, Councilor Gray and Councilor Goehler City of Marco Island Florida Page 1 City Council Meeting Minutes - Final January 21, 2025 The Council next considered modifications to the initially-proposed two-round paper ballot process advanced by Vice-Chair Brechnitz. MOTION by Councilor Palumbo, seconded by Councilor Schwan, that a two-round selection process whereby: 1) in Round One, each Councilor, by paper ballot, individually selects six (6) preferred candidates from the original pool of twenty-four (24) applicants, and; 2) in Round Two, the candidates appearing most often across the Councilors' paper ballots are Motioned, Seconded, and individually voted upon in a verbally-communicated Council voting process, be Approved. MOTION CARRIED BY THE FOLLOWING COUNCIL VOTE: Yes: 6- Vice-Chair Brechnitz, Councilor Gray, Councilor Goehler, Councilor Henry, Councilor Palumbo and Councilor Schwan (THE MEETING WENT INTO RECESS AT 3:15 P.M. TO ALLOW ASSISTANT CITY MANAGER CASEY LUCIUS TO COLLECT THE INDIVIDUAL PAPER BALLOTS AND TO TABULATE THE APPLIANT/CANDIDATES THAT MOST APPEARED ACROSS THE COUNCILOR BALLOTS. IT IS NOTED FOR THE RECORD THAT ALL COUNCILORS WERE PRESENT WHEN THE MEETING RECONVENED AT 3:25 P.M.) ID 25-4084 Selection of Candidate to Fill the City Council Vacancy - Joan Taylor, City Clerk Assistant City Manager Casey Lucius reported the following tally of Applicant/candidates who were most-selected across the City Councilor paper ballots, and she briefly displayed each individual Councilor's paper ballot on the overhead projector in the Council's chambers: Mr. Thomas Fontana appeared on five (5) City Councilor paper ballots Mr. Dennis Bartolucci appeared on four (4) City Councilor paper ballots The following six (6) Applicant/candidates appeared on three (3) City Councilor paper ballots: 1. Mr. David Crain 2. Mr. David Leaser 3. Ms. Nanette Rivera 4. Mr. Ralph Rohena 5. Ms. Sheila Yahwitz 6. Ms. Teri Sommerfeld Beginning with Mr. Fontana, and continuing down the list noted above, each Applicant/candidate was Motioned, Seconded, and voted upon by the Council. MOTION by Vice-Chair Brechnitz, seconded by Councilor Gray, that Mr. Thomas Fontana be appointed to the Marco Island City Council. MOTION FAILED BY THE FOLLOWING VOTE: Yes: 3- Vice-Chair Brechnitz, Councilor Gray and Councilor Goehler No: 3- Councilor Henry, Councilor Palumbo and Councilor Schwan City of Marco Island Florida Page 2 City Council Meeting Minutes - Final January 21, 2025 MOTION by Councilor Gray, seconded by Councilor Goehler, that Mr. Dennis Bartolucci be appointed to the Marco Island City Council. MOTION FAILED BY THE FOLLOWING VOTE: Yes: 3- Vice-Chair Brechnitz, Councilor Gray and Councilor Goehler No: 3- Councilor Henry, Councilor Palumbo and Councilor Schwan MOTION by Councilor Palumbo, seconded by Councilor Henry, that Mr. David Crain be appointed to the Marco Island City Council. MOTION FAILED BY THE FOLLOWING COUNCIL VOTE: Yes: 3- Councilor Henry, Councilor Palumbo and Councilor Schwan No: 3- Vice-Chair Brechnitz, Councilor Gray and Councilor Goehler MOTION by Councilor Schwan, seconded by Councilor Palumbo, that Mr. David Leaser be appointed to the Marco Island City Council. MOTION FAILED BY THE FOLLOWING COUNCIL VOTE: Yes: 3- Councilor Henry, Councilor Palumbo and Councilor Schwan No: 3- Vice-Chair Brechnitz, Councilor Gray and Councilor Goehler MOTION by Councilor Palumbo, seconded by Councilor Schwan, that Ms. Nanette Rivera be appointed to the Marco Island City Council. MOTION FAILED BY THE FOLLOWING COUNCIL VOTE: Yes: 3- Councilor Henry, Councilor Palumbo and Councilor Schwan No: 3- Vice-Chair Brechnitz, Councilor Gray and Councilor Goehler MOTION by Councilor Gray, seconded by Councilor Goehler, that Mr. Ralph Rohena be appointed to the Marco Island City Council. MOTION FAILED BY THE FOLLOWING COUNCIL VOTE: Yes: 3- Vice-Chair Brechnitz, Councilor Gray and Councilor Goehler No: 3- Councilor Henry, Councilor Palumbo and Councilor Schwan MOTION by Councilor Gray, seconded by Vice-Chair Brechnitz, that Ms. Sheila Yahwitz be appointed to the Marco Island City Council. MOTION FAILED BY THE FOLLOWING COUNCIL VOTE: Yes: 3- Vice-Chair Brechnitz, Councilor Gray and Councilor Goehler No: 3- Councilor Henry, Councilor Palumbo and Councilor Schwan MOTION by Councilor Gray, seconded by Councilor Goehler, that Ms. Teri Sommerfeld be appointed to the Marco Island City Council. MOTION FAILED BY THE FOLLOWING COUNCIL VOTE: Yes: 3- Vice-Chair Brechnitz, Councilor Gray and Councilor Goehler No: 3- Councilor Henry, Councilor Palumbo and Councilor Schwan Following the Council's failure to select an Applicant/candidate under the process agreed to earlier in the meeting, several members of the Council proposed alternative approaches to select and appoint a seventh Marco Island City Councilor. City of Marco Island Florida Page 3 City Council Meeting Minutes - Final January 21, 2025 Vice-Chair Brechnitz advanced Mr. Thomas Fontana, the Applicant/candidate who appeared five times on the Councilor's individual paper ballots during Round One of the adopted Council process. MOTION by Vice-Chair Brechnitz, seconded by Councilor Gray, that Mr. Thomas Fontana be appointed to the Marco Island City Council. MOTION FAILED BY THE FOLLOWING COUNCIL VOTE: Yes: 3- Vice-Chair Brechnitz, Councilor Gray and Councilor Goehler No: 3- Councilor Henry, Councilor Palumbo and Councilor Schwan Note: Councilor Gray Motioned to vote on appointing Mr. Dennis Bartolucci to the Marco Island City Council, with Councilor Goehler's Second, but no vote was taken during the Special-Called Meeting on January 21, 2025. ------------------------------------------------------------------------------------------------------------------------------------------- ID 25-4084 Selection of Candidate to Fill the City Council Vacancy - Joan Taylor, City Clerk [POST MEETING UPDATE: Noting that his Motion and Councilor Goehler's Second were not voted upon by the Council at its January 21, 2025 Special-Called Meeting, Councilor Gray, during Agenda Item 6a (Approval of the Special-Called Meeting Minutes of January 21, 2025), requested that a vote be taken at the Council's February 3, 2025 Meeting on the proposed appointment of Mr. Bartolucci to the Marco Island City Council. The result of that vote follows and is added to the record] MOTION by Councilor Gray, seconded by Councilor Goehler, that Mr. Dennis Bartolucci be appointed to the Marco Island City Council. MOTION FAILED BY THE FOLLOWING COUNCIL VOTE: Yes: 3- Vice-Chair Brechnitz, Councilor Gray and Councilor Goehler No: 3- Councilor Henry, Councilor Palumbo and Councilor Schwan ------------------------------------------------------------------------------------------------------------------------------------------- THE MEETING RECORD FOR THE COUNCIL'S JANUARY 21, 2025 SPECIAL-CALLED MEETING CONTINUES BELOW: ID 25-4084 Selection of Candidate to Fill the City Council Vacancy - Joan Taylor, City Clerk Responding to concerns raised by members of the Council that Messrs. Fontana and Bartolucci were not personally known to one or more Councilors, Vice-Chair Brechnitz proposed that Messrs. Fontana and Bartolucci each be given ten (10) minutes before the Council to address Councilor questions. City of Marco Island Florida Page 4 City Council Meeting Minutes - Final January 21, 2025 Mr. Fontana came forward to receive Councilor questions and responded accordingly. Mr. Bartolucci followed, received Councilor questions, and responded as well. Following the interviews of Messrs. Fontana and Bartolucci, the Council engaged in a discussion of other Applicant/candidates. Mr. Fontana removed himself from the Council's consideration, and he endorsed Mr. Bartolucci. Additional Council dialogue regarding alternative Applicant/candidates ensued, and Assistant City Manager Casey Lucius was asked to display the individual Councilor paper ballot sheets from Round One of the process for the Council's consideration. A Motion was brought forward for the Council's vote. MOTION by Councilor Schwan, seconded by Councilor Palumbo, that a coin flip to select between Messrs. David Crain and Dennis Bartolucci to be appointed as the seventh Marco Island City Councilor, be Approved. MOTION FAILED BY THE FOLLOWING COUNCIL VOTE: Yes: 3- Councilor Henry, Councilor Palumbo and Councilor Schwan No: 3- Vice-Chair Brechnitz, Councilor Gray and Councilor Goehler Vice-Chair Brechnitz determined that the selection of an Applicant/Candidate would not occur in the remaining time allotted, so he opened the floor to Councilor Gray to briefly discuss his White Paper under Agenda Item 4b (Special Election for Council Member Vacancy Appointment). b. ID 25-4092 Special Election for Council Member Vacancy Appointment - Councilor Stephen Gray Councilor Gray shared his perspective on the paths available to discharge the City's business with or without a seventh Councilor, and he expressed his preference for a solution that will select a seventh Marco Island City Councilor. Vice-Chair Brechnitz stated his intention to continue to call Special Meetings to resolve the Council's impasse on the selection of a Marco Island City Councilor. 5. Citizens' Comments Having received a Motion, Second, and unanimous Council Approval to receive citizen and City Council applicant/candidate input and comments prior to the discussion of the Council's candidate selection process (Agenda Item 4a), Vice-Chair Brechnitz encouraged all interested applicant/candidates and residents to register to receive four minutes each to address and/or comment to the Council. The following six City Council applicant/candidates addressed the Council and shared overviews of their qualifications for the role: 1. Mr. Thomas Fontana (Lamplighter Ct.) 2. Mr. Dennis Bartolucci (Caxambas Dr.) 3. Ms. Nanette Rivera (Ludlow Rd.) 4. Mr. David Leaser (Partridge Ct.) 5. Ms. Sheila Yawitz (N. Collier Blvd.) 6. Mr. Ed Johnson (Iris Ct.) Applicant/candidate David Crain used his time before the Council to endorse and support Applicant/candidate David Leaser. The following citizens also registered to address the Council: 1. Mr. Randy Egan (Bonita Ct.) spoke against the idea of holding a City-wide election to select the City of Marco Island Florida Page 5 City Council Meeting Minutes - Final January 21, 2025 Council's seventh Councilor, and he endorsed Applicant/candidate David Leaser. 2. Mr. Don Petit (Caxambas Dr.) endorsed Applicant/candidate Dennis Bartolucci. 3. Mr. Jim Heglund (Caxambas Dr.) endorsed Applicant/candidate Dennis Bartolucci. 6. Adjournment There being no further business before the Council, Vice-Chair Brechnitz adjourned the Special-Called Meeting at 4:57 P.M. ___________________________ Erik Brechnitz, Council Vice-Chair ATTEST: ____________________________________ Joan Taylor, City Clerk PREPARED BY: ___________________________ Jim Kornas, Recording Specialist City of Marco Island Florida Page 6