City Council - Regular Meeting

Good evening, everybody. Thursday, September 10th, 530. This is our rescheduled, regularly scheduled city council meeting. A couple things to go over before we get started. If you're in the back of the room, if you're up for proclamations or presentations, that's fine. If you're going to be just attending the meeting, we do ask you to do the codes and fire marshal codes to take a seat in the spillover room in the back. There's an audio video. You'll be able to see us, hear us. We do have rules of decorum in effect, folks. And I know there's some very passionate items on the agenda. But if we c

Councilor Schwan's going to be calling in on a Zoom call. We're going to get to her in a moment.

Here. All right, so six councilors accounted for in person. Guys, we do need a motion to allow Councilor Schwan, and I just saw her there. Benita, can you hear us? Excellent. Happy to have you join on Zoom. We do need a motion to allow her to present. I move to allow her to present. second motion by Councillor Dome second by Councillor Gray can you call a roll on this please Councillor Dome yes Councillor Gray yes Councillor Kohler yes Councillor Henry yes Vice Chair Champaign yes Chair Palumbo yes Benita you're official you're with us yes thank you and I would like to thank the residents of Marco Island for the kind

messages and prayers that I received for the passing and loss of my family member. It's so greatly appreciated. Thank you.

Well, we stand with you. I wasn't going to mention it, but thoughts and prayers for you, Counselor. All right. Item three, the invocation. Reverend Thomas McCauley of the New Life Community Church is going to do that. And after that, it remains standing. If you're able to stand for the Pledge of Allegiance, I'll leave that.

Before we get to the approval of the agenda, Reverend McCauley, beautiful words. And you have a long history on the island. So well said. Let's hope they hit their mark. Guys, I need the approval of the agenda. I'll entertain a motion for that. So moved. Second. Motion by Vice Chair Champaign, second by Councilor Dome. All those in favor, say aye.

I have a request for the agenda. Yes. Thank you very much, Mr. Chairman. Suggested request for the agenda. Item ID 265772 has some corrections that need to be made before we continue with the approval of the agenda or a vote on this item. I checked on the website. Which one are we, 850? Give me the... ID 26-5772. Okay. Further explanation, if you'll bear with me. I checked on the website for the planning board minutes for the meeting of 7-23-26, where the conditional use permit was approved. The minutes aren't available. I'm not sure why. I was at the meeting, but I only have the agenda resolu

All right. For the record, 14B is ID 265772, correct? All right. We did just approve the agenda. It might have been a little pertinent just before that, but I appreciate you bringing it up. David, you know I'm going to look over to you for some guidance and advice on this.

Councilor Gray, you're going to get to talk about it. We certainly won't diminish your voice. Do you find a big difference in changing our agenda or taking it up when we get to that?

This is fine. Thank you for that. I appreciate the guidance from our attorneys.

It's a long agenda. Remind me when I'm there in case I will make sure your voice is heard. Thank you. Now, folks, if you hear proclamations, presentations, public comment, they're going to come before item six, which is require the millage rate discussion by law to come at the beginning of the agenda in case anybody's wondering. But while you're here, if you have public comment for items not on the agenda, you want to sign up for public comment with our city clerk, Joan Taylor, over here to my left, and you can sign up for any item on the agenda. All right, with that, we're moving on to item s

Excellent. Thank you, Casey. And my iPad's up and running in case I need to jump in. Melissa, would you like to start?

Councilor's light signs with questions. Councilor Gray.

Motion by Councilor Gray, second by Councilor Groller. Anybody signed up for public comment, Joan? I know you're busy over there, but on 6A...

Thank you. Can you call the roll, please?

Yes. Chair Palumbo? Yes. Motion passes 7 to 0. All right. We're on to item 6B.

I'm just going to say I'm getting tense that I think there might be something with the internet stream being down.

Is there, I don't know if she can hear us, maybe not. Is there not a number, Counselor Schmong can call in. We have a dial-in, do we not, or if I'm wrong? And sorry if we went a little quick and we didn't really have to call the roll on that. But anyway, we are on to item 7B, approval of city council minutes from August 17, 2026. Councilors, any changes to those minutes?

I'll make a motion as presented. I'll second it.

Motion by Councilor Gray, second by Councilor Dome. I presume nobody signed up for this, correct? All right. All those in favor, say aye. Aye. Anybody opposed, no. Motion passes. Item eight, approval of the consent agenda. Council, does anybody have anything they want removed from the consent agenda?

Move to approve. Motion by the councilor.

Council Henry, who was the second? I second. Councilor Dillon-Mills, please, guys, send all light signs from the council, so please bring them up for the comment.

This is the boardwalk. This is the award of the contract.

No, that's D. D is the boardwalk. Yeah, that's the club.

Right. OK. We have you. We know what you're. State your name and take it.

Mario, are you still here? We saw you here a few minutes ago. Okay.

Guys, can you reset the clock for us four minutes, please?

I think there's some wisdom in Mario's comments that we should have asked for. And this was counselors before us. We should have asked for maintenance on that boardwalk in perpetuity. Maybe we think about going forward. And I'll just make a quick comment. I think staff does a good job. And I appreciate the public comment. They do go out. They try to get bids. They do aggressively pursue them. However, I think some of this conversation helped. We have a local contractor, which is wonderful. I find him to be reputable. So the citizens speaking, the councilors listening, engaging in conversation,

Chair Palumbo. Yes. Motion passes six to zero. Just out of curiosity, before we get to proclamations and presentations, which I'm not going to bump them, but how many people are signed up for a citizen's comment number 10 not on the items not on the agenda?

Is everybody aware these are items not on the agenda?

We'll talk about that shortly. All right. Counselors, if you'll join me for some proclamations and presentations. If you can meet me up here, and I'll be down at the bottom there. Everybody hear me? All right. We're on to 9A, Employee Service Awards. Diana Snover. Yes.

15-year dedication. Keep that on the wall of your office forever. City pin. But what that doesn't say is you're the backbone of the community. When we don't realize what happens when we're sleeping, when we're eating, when we're doing things, where people like yourselves are taking care of us, and we greatly appreciate that. Anything you'd like to say? All right, Ruth McCann. Ruth, where are you? Come on up.

Whereas the Marco Island Civic Association, MICA as we know them, has long served as a cornerstone of the community's stewardship, advocacy, and civic engagement on Marco Island. And whereas Ruth McCann has devoted 34 years of exemplary service to MICA, guiding the organization with steadfast leadership, professionalism, and an unwavering commitment to the residents and property owners of Marco Island. And whereas throughout her distinguished tenure, Ruth has provided invaluable knowledge, continuity, and integrity, strengthening Micah's mission to preserve neighborhood character, enforce deed

Ruth, before we let you go, would you like to say, you don't have to, but would you like to say anything?

Dennis, I got one question. Where's the dream vacation after 34 years? Make sure you cash in. I'm getting one. Thank you. There you go. Thank you so much, guys. Thank you. We have one more, Councilor Gray.

We have Hunger Action Month. All right. Where's our daily bread? Evelyn, come on up. Come on up.

All right. Guys, we're going to start the little proclamation. Then we're going to bring the whole team up. Come on, team. Come on up. Come on up. Evelyn's going to bring you up now, don't we? Come on up.

If you want to fill in both sides, maybe.

All right. Guys, this is Hunger Action Month, September 2026. Whereas hunger is a serious issue affecting individuals and families within our community, and whereas our Daily Bread Food Pantry has been a steadfast and dedicated partner in addressing food insecurities by providing essential food assistance to those in need, and whereas this month of September is nationally recognized as Hunger Action Month, a time to raise awareness of hunger and to encourage action to end it.

And whereas the month of September is nationally recognized as Hunger Action Month, a time to raise awareness of hunger and encourage action to the end of it. Whereas our daily bread food pantry has demonstrated exceptional commitment to alleviating hunger through their tireless efforts and dedication to serving the community. THE CITY OF MARCO ISLAND DO HEREBY PROCLAIM SEPTEMBER 2026 AS HUNGER ACTION MONTH AND THE CITY OF MARCO ISLAND COMMENDS OUR DAIRY BREAD FOOD PANTRY FOR THEIR INVALUABLE CONTRIBUTIONS TO COMBATING HUNGER IN OUR COMMUNITY. NOW THEREFORE THE CITY COUNCIL OF MARCO ISLAND DO

thank you thank you thank you so much thank you thank you thank you all very much everybody thank you thank you thank you thank you guys thank you no thank you

We are. Item 10, citizens' comments. 19 times 4, right? Oh, sorry. Jeff, I do apologize. I skipped right over you here. I'm so sorry about that.

Let's go through the presentation. We'll save questions until the end.

Counselor's light signs if you have any questions. Counselor Henry, you're up first. Okay.

I just want to thank you. That was an excellent presentation, well broken out and very easy to understand once you get used to all the different initials. But no, thank you very much. And I have to say on this type of thing, I went to make notes and I realized I don't have to because I know we're in good hands with you guys. So thank you for all you do and thanks for a very well done presentation.

Maybe you could come over and help him out. Is Counselor Swans on for you to use for the moment, Vice Chair? I can mute back and forth.

All right, Counselor Gray, you're up. Oh, thank you. Excellent presentation. It's always delightful to see Mr. Poteet up here. I'm curious about the daily run rate. When we looked at 2025, from 2015 to 2025, and I forget what the exact number was, and we're sort of projecting 2040 to be just somewhat modestly higher than that. I might suggest, just in terms of assumptions, which is a dangerous business, I do believe our water usage is coming up. I do not really believe we're at the end of adding customers. So really, my questions, I'll try to ask them broad-based so I don't put the audience to

The daily spikes, when do those become a concern?

Could one of our facilities go offline? Could we manage if one of them was offline?

My last question. Is there anything I should or the community should be worried about?

Martin, we have another screen down over here at Councilor Dome. And when we're done with this presentation, we're going to take a few minutes to see if we could look at this technology. But let's get through this first. Councilor, if you need, you could share with me if you have to. I've got a big screen. I didn't mean to interrupt. Jeff, anything to add to that? I'm good. Vice Chair, did you hit Councilor Schwan's button?

Did I hear that the Northwater treatment facility may peak out due to breaching of capacity?

Councilor Golder. Thank you for the presentation. I have a quick question. I'm very much concerned about PFAS as well. And can you explain in a very short way that we have reverse osmosis, which one is it, north or south? The south treatment plant. So are we talking about implementing the low-pressure reverse osmosis in that plant? No. So how are we going to do that? And what's the time frame that we're looking at?

And meanwhile, are you monitoring the PFAS?

I just meanwhile want our community to be informed because you hear that concerns. I have somebody who has cancer. We have reverse osmosis at home. And I think it's very important for our community to hear about it and be

Jeff, I got one more question before we let you go. And I'll make it quick. Folks, sometimes if we don't have a lot of questions, we've talked to Jeff in great detail. And thank you both for the presentation. So I'm going to just make mine very layman's and dumbed down because some citizens reached out. And there's some belief amongst just the very small of our population that our source water, our wells, it's not going to be enough to handle the Marco demand. as the years go by. Can you speak to that?

Jeff, anything we need to do on that or is this something you'll bring to us over time?

Counselors, I've had a challenge today. My internet providers going on and off. I see it. They're sending me texts from my house, my businesses. I don't know if it's happening here for the city. It seems like it might be island wide. So we're going to take, Casey, what do you need for a five minute break? I know it's a long meeting, but about a five minute break. Let's use the bathroom. We have a long agenda after that. So it'll be a good welcome break. And excuse me, Chairperson, we do have public comments. So we're going to get to them right after this because our screens are down.

Recess for five minutes. Councilor Schwan, are you with us? Yes, I am. Excellent. I don't see you on any of my screen, so if you need to speak up, just holler in here and I'll make sure your voice is heard, okay?

Okay, thank you. And I was kicked off for a while. I couldn't get on, but then I did eventually, but I was not... I think I was off when the vote was taken about the...

the access at winterberry they all they all pass uh all through um council communication so your vote would not have swung anything but uh just so you know it didn't didn't have an effect at the very uh due to the technology challenges joan how many people signed up for public comment now we have two people signed up for this item

Beautiful. So the rest of them were shifted to? Oh, we have two for, I didn't realize we had anybody. I'm sorry. Okay, you got me excited.

look more accessible will be a great improvement. Thank you very much.

Thank you. Joan, before you call the next person, I just want to comment real quick. And I want to spend too much time. This is a plan we followed based on the pickleball players, the type of panels and where they were going. However, we're flexible. We'll talk to staff on it. But just wanted to make it known this is what was suggested we put in place. With that said, if it's medical challenges, we'll get together with our city manager and we'll certainly talk about it ASAP. Joan, next person to bring up, please.

They're working on it, Zach. Sorry, a little technology.

Thank you. If you can go to the clerk and she'll copy us on them. Joan Victoria Myers up next.

Is this not going to be a Rose Marina issue?

I'm sorry I have to cut you short with the timing, but you can email us with any concerns and we'll take a look at them. Okay. Thank you.

Is the overhead projector on? Let's see if...

City attorney, this is a quasi-judicial hearing we're going to have coming up, correct? Correct. Where people will be sworn in. Can you maybe recraft it? Would that be possible?

Thank you and I will just before we get to Before we get the next speaker up, we don't normally answer questions, but public comment is time certain or as soon as possible thereafter. Christine, please.

State your name, Ronald. I will know exactly how we pronounce it. Okay.

We had to limit your time, so make sure you give me important stuff. Put it down there and see if it works. If not, you can give it to the clerk at the end, and she'll make sure we get a copy of it.

We'll give you a little extra, but I'd say get to the important stuff.

Ron, this is going to be, I mean, this is going to be, you're going to have an opportunity to have four minutes to speak during the Marina conversation. This is for items not on the agenda. Oh, okay. So, unfortunately, we're going to have to ask you to sit down. It's going to be a little while, but you'll have more time when that comes up. I would stick around if I were you. I would like your voice to be heard, but we're going to take a little while to get there, just so you know. Quiet please let the councillor handle this The next person is Dr. Rich Blana followed by Mr. Luigi Carvalho

I've got to stop you. I'm sorry. We might have given you misinformation.

If we can get you patients, I'll get you back up, everyone.

Thank you. Go ahead, Rich. Give him his time back, please. No, what I'm saying is that he not talk about it now.

All right. Joan, who do we have next on the public speaking?

I would agree with you, and let's put this on us and staff. I plan on having the city attorney speak before the Rosemarina conversation, explain these rules. Sorry for the miscommunication with the public comment. Joan, who do we have that's signed up that's not going to be speaking on Rosemarina yet?

Mario, let's give you a shot. But if it's the Rose Marina, we'll have you up at the next item.

Do you realize we're going to have a whole topic on this later on in the meeting? I got four minutes? No, you have two, and this is... No, I got two.

Well, thank you so much for your understanding. Former Councilor Irwin, did you have something that's not Rosmarina? Please come on up.

Come on up. Come on up. Don't worry about it. The card just helps keep us in order, please.

All right. This closes citizens' comments. We're moving on to item 11.

Mr. Vilk, please come up and state your name. Items not on the agenda, please.

All right. Joan, are we good with public comment here?

Thank you so much. Item 10, public comment is closed, and we are moving on to Item 11, City Manager's Report. Councilors, light signs if you have anything for Dr. Lucius. Casey, anything for us?

Councillor Gray, you are up. Two quickies. Thank you for your wonderful report. You mentioned the FDEP additional water quality testing on Marco Island. Is there any more meat on that topic that you could share? Amount, locations, anything that is relevant?

Thank you. Last question. Collier County Schools, a wonderful letter by the city council requesting some reimbursement. Did you get any response or reaction from them on our request for some compensation?

Chair Palumbo, I do have a comment. Yes, Councilor Schwartz, please. So, Dr. Lucius, I would ask that you could share with our residents about the Winterberry ballpark field update and the progress that we've made on that.

Thank you. No other light signs? I presume nobody signed up for any of this?

I do have a question for our MIPD police report.

We're going to get to department head. Go ahead, Councilor Schwann. We have you on. If you're on there, we'll bump you right up with the chief.

Okay. So, but I can wait. I didn't mean to interrupt. No problem.

We're going to get there in one moment. We're on city attorney report, just so you know, if you can hear me. Councilors, any light signs for the city attorney? Alan's on vacation. I'm sure he's heartbroken. David, anything to add for us?

Thank you. Okay. Departmental reports. Councilor Schwann, go ahead.

Yes, so thank you for the MIPD from our chief that submitted that report. And it was good to see all the wonderful things they're doing for our community. And I did really appreciate the detailed information on the bicycle and e-bike stops that they reported in regards to the 107 stops, the 55 verbal warnings, and the 52 written warnings. And my question was, just as a data accumulation understanding, were there, like when we report in all our other various

Thank you. Councilor Swann, anything else?

Yes. Thank you for that information. And I appreciate all your support that you're doing with this, and I appreciate that all the additional safety information that you're providing with the warnings and the stops, too. So thank you.

Thank you. Thank you, Councillor. Councillor Henry.

Well, I want to thank everybody's reports, as always. Very well done. I wanted to take a moment to compliment the efforts of Lynn Musgrave. She's a customer service manager for the city. I emailed why my water bill was mailed to me with an envelope to remit payment. when it's on auto pay. Ms. Gray walked me through setting up so that I would not get mailed statements saying paid, and she went a step further and she coordinated with the third-party mailer of the invoices so that if you are getting a statement mailed to you and you're on auto pay, you will no longer be getting an envelope in the

Thank you. Is there anything else for department heads? All right, this will close 13, departmental reports. And we are on to item 14, quasi-judicial public hearing, 14A. We want to start with reading the resolution first, and then we'll open it up to our city attorney and some conversation. Please.

David, before you, let me start, if I might, just very quickly. Guys, I'm going to have a city attorney talk to you about what a quasi-judicial public hearing is, why we limited some of the comments during general comment for items not on the agenda, and why that's important. Your voices will be heard. I will ask that you do it civilly, with dignity. We can agree to disagree. It's OK. But we can do it nice with each other. David, can you please inform the council and citizens

I've walked the site. I've reviewed the drawings. I attended the NIM meeting. I've attended the planning board meetings. I've spoken to the owner of Rosemarina. I've spoken to the general manager of Rosemarina. I've spoken to Rosemarina's attorney. I've spoken to city staff. And I've spoken to many members of the community.

Councillor Golder? I have attended sightseeing with Mr. Lombardo. I had a short communication a couple days ago with the attorney for the applicant. I had a meeting with our city staff, and that's about it. Councilor Dome?

I did a site inspection and had a quick, very brief discussion with the manager of Rosa Marina.

I walked the site, spoke to the applicant, spoke to the applicant's attorney, spoke to the chairman of the planning board, members of the public, watched the planning board meetings, and spoke to staff on this.

Quite frankly, I've spoken to quite a few people. I've spoken to many people in the community, both for and against the Rosemarina application. I've spoken to our attorneys, two attorneys, Alan and David, spoken to the city manager the director of growth management Mary Holden I've spoken to I think that probably wraps it up I've spoken to a lot of people I own I've been on the site I've spoken to the applicants Dan high and Dwight

Councilor, so before we go to Councilor Gray, is Councilor Schwan allowed to speak on this, although she's not allowed to vote on it?

Well, I need to make a clarification here. Thank you, Chair Palumbo. So I actually have spoken with our city attorney, David, who's representing us in this meeting, because this is a quasi-judicial matter and that MY UNDERSTANDING FROM OUR CITY ATTORNEY, BECAUSE OF THAT, I'M NOT IN THE COUNCIL CHAMBERS, AND THEREFORE, I'M NOT ALLOWED TO PARTICIPATE OR VOTE ON THESE RESOLUTIONS. AND I'D ASK OUR CITY ATTORNEY, DAVID, TO CLARIFY THAT.

SO WE'LL HEAR FROM YOU ON THE NEXT AGENDA ITEM OR NEXT THIRD ONE. COUNCILOR GRAY, PLEASE.

THANK YOU FOR INCLUDING ME. I WAS AT THE NIMH. I'VE BEEN TO THE PLANNING MEETINGS. I've had very, very limited conversations with management at Rosemarine as well as council. I have talked to a great number of people in our community about this topic. And I have fueled my jet ski at the pumps at Rosemarine.

We'll start with Councillor Gray this time.

And before you start, I would just ask, show of hands, did anybody plan on speaking that was not sworn in or chose not to be sworn in? All right. So we shouldn't have any challenge there.

Thanks, Dan. Great explanation. The big takeaway I see here is that most of this or all of those were approved in 2014. That's correct. And now they're coming to us and actually reducing their The request, it's less. You're asking for less right now.

Councillor Gray. Thank you. I started earlier this evening talking about that off-site parking. You referenced, I couldn't find the approval. You're assured that that off-site parking approval was done in 2014?

Okay, so that was formally approved. I apologize for distracting you. That's correct. I'm going to cite Councillor... I'm looking at the minutes from September 23, 2024, and the minutes from that council meeting, he raised questions about the legality of operating public transportation buses in all zoning districts, and this is a feeder road. Can you speak to our land development code and the legality of buses on this roadway?

So tell me when I'm allowed to ask that question.

I just want to verify words that you said. You said that in front of the restaurant, their landscape buffer is more than allowed. Did you mean to say more than required?

I just wanted to check, because you said more than allowed, but I wanted to confirm it's more than required. That's correct. Okay, so they're doing more than is even asked. That's correct. Okay, that's all. Thank you.

Yeah, I'm going to have a lot of questions, but before I start, let me just say that I'm taking a neutral position. I am not in favor nor against what's being proposed. I've heard so much information that 2014 approved everything, I started looking into the 2014 resolution. And what I'm finding is what was expressly approved in 2014 was, number one, a dry dock boat barn height up to 53.5 feet. Number two, a service building height up to 44 feet. Number three, a boat dealership with an outside display area. And number four, conditions concerning building size a five-foot angler's cove side yard

You're contending 2014 was totally approved. I've heard your words. That's right. I'd like to see the document. Show me the document that shows everything you proposed tonight has been approved already in 2014. This was the site plan that was approved in 2014. I'd like to see the document. Show me the document that confirms what you've just said.

Mr. Vice Chair, are you asking for like the minutes of the meeting or? No, no.

He's contending what we're being presented has been totally approved in 2014. I'm saying show me. Show me the document that totally approves what he's just said. And you know what? I haven't found that document. A vote of counsel? Back records?

All right. So what I believe... Resolution 14-20 does not contain a separate operative clause making those kind of approvals. The council agenda called the matter a final site approval or decision, but the recorded motion and operative resolution language granted conditional use. That's the difference, isn't it? So not full approval.

Without a document, I don't know how we can come to that conclusion.

Councilor Schwan, maybe if you could mute your, if you could hear me, if you could mute that. All right, Dan, I got a question. Sure. So this particular item passed on the planning board four to three, correct? Yes, it did, the variance. Did they ask, and I respect Councilor Champaign's deep dive into information, did they ask for any of this? Did they take staff's opinion, approval, belief that the 2014 document exists?

Okay, so we had an approval from the planning board. They're sending this to us. What does the staff recommend on this? The staff recommended was approval of the variance. Approval by the staff, approval by the planning board. Okay. Seems like a tremendous reduction in intensity. Dry docks, 53 feet, 44 feet. Dealerships, it seems like it's going from this to about this. And so I have a question. How is moving a recycling bin affect the general public negatively? It really doesn't, that I'm aware of. And it looks like the garbage was moved actually from the very corner of the street and tucked

On the Magnolia lot, that shoulder lot, and the street. So it looks like, to me, that looks better. It just looks like a good start. Am I missing anything big here, Tim? No. Okay. I see no other light signs. Do we want to bring up the attorney or the presentation from the applicant?

Please, Mr. Lombardo, state your name for the record. You know the drill.

Martin, you got that thing up and running? Zach, can you move on to something else besides this?

Yeah because everything is hinging are depending upon the 2014 site plan approval I then went and checked and see is there a sunset provision on site plans that have been presented years ago and much to my surprise there is correct and the conditional use expires if it was not timely commenced or was later discontinued. As far as I know, 2014 was never commenced. The site plan for 24 never started, never implemented, and it had a two-year expiration date, so it's null and void, isn't it?

Well, that would be required for a vote because once again.

And obviously that wasn't met. Section 3679, which came before the Council on June 16, 2014, had two years. And the variances that you're presenting were not therefore approved because they were not implemented during that period of time, right? The variances you're trying to get approved tonight, you claim multiple times were approved in 2014. I'm saying to you, even if they were, time sunset, made it invalid because they did not get implemented during that one or two year time frame.

portion of the site right now but where you're proposing the dumpster to be today exists not approved in 2014 it was on the landscaping plan and it my point is the there was no recycling facility within 200 feet of Jack's lookout on the 2014 approval well I'll tell you it it's very confusing to say the least my research suggests that Well, let me even ask a more basic question that may answer all of the questions I've been asking and more that I haven't yet asked. Do your three resolutions tonight depend 100% on 2014? No. Why are we arguing?

The reason why we were is because you've been using it

in my opinion, you should not be using. You just disregard it. It's immaterial. You're putting forth three brand-new resolutions. Is that correct? And they are not dependent on anything that occurred in 2014 to get approved? Then I end my questions because it's a waste of time.

Councilor Gray. Clarification on the variances. The basis for them, is there a hardship? And do you think these variances create a hardship for the community around this site?

Did the 2014 site development plan require any variances?

I don't know what was in place. I was just trying to understand.

Thank you. Mr. Tulsa, I don't know if I'm allowed to ask this question or not. The connector road and buses. My question is, I don't know that it's permitted under a land development code under a connector road. Is it, whether it's private or public? I'm trying to understand because of the wear and tear on this stretch of roadway.

I'm not sure about these following questions. I'll try to make it very efficient. Councillor Champaign made some interesting points about the complexity in trying to get my head around the decision I'm trying to make and if I have all the relevant information. Am I permitted to understand whether there's been a comprehensive transportation analysis, an emergency access analysis, a parking staging overflow and turnaround plan, emergency evacuation plan, and clarity on the environmental impact? Those are just some of the things that, to me, are relevant to trying to understand the totality of th

2024. You said it. Nine hours at planning board. They asked all the questions I had to. You covered all the agendas. We're here reinventing the wheel when it seems like this has been well set up for us. Staff recommends approval. And actually, this is the only one close in planning board with the 4-3. The other ones are super majorities, 6-1 and 5-1. This seems like, I don't know what made it a little more of a 4-3 vote, but it seems like this is pretty well set up for us. Has anything changed between planning board and now? Did you add any asks in this? Did you change anything that's been pre

Can I call Dan back up? Dan, can you come up with a question for you, please?

DAN, QUICK QUESTION. STAFF APPROVAL. LOOK, I KNOW THIS IS CONTROVERSIAL WITH THE COMMUNITY. I KNOW WE HAVE OPINION HERE AS COUNCILORS AND WE HAVE REGISTERED VOTERS AND CITIZENS WHO ARE OUR BOSSES. WHAT CRITERIA DO YOU USE TO MAKE THESE DECISIONS? As far as the variances? When staff recommends approval, what's your criteria to make it?

And then from there, upon your approval, or does your approval matter? Is it conditional upon no approval from staff that goes to planning board or goes to planning board anyway without staff support? I'm sorry, what was the question? Do you have the option to send it to Planning Board with your approval or without your approval? That's correct. Without your recommendation. Either way, it still goes to Planning Board. That's correct. This particular one went there with your approval. They took it on and voted to approve it, correct?

Counselor Gray, one more, and then I'm going to talk about public policy. A clarification with Dan, really. It was just following up on your question. comment, Mr. Chairman. Staff recommends this. Planning board went there. That was a key part of this conversation. Are there times that staff does not recommend something and the planning board does approve it? Correct. Yeah. Okay. So I'm just trying to identify that that's not a be all and end all. Thank you.

All right. Joan, how many people signed up for public comment on this?

10 of them are going to speak for four minutes. Yes.

Can I ask a question? Please. And I want to make sure everybody's voice is heard. Do we, do you want to have public comment after each one? Do you want to have all the public comment?

No, we're going to need to let them speak on each one because they're separate votes. And I'm already considering, and folks, when you ask why is it such a heavy agenda, some things are time sensitive by law, and sometimes the applicant has went through the process and deserved to be heard in a reasonable time. With that said, item 16, the bond resolution is not time sensitive. That could be bumped to another meeting, and councilor communication can also, or at least a white paper if we have to. But even at that, we're at 40 minutes. So we're going to have to cut them down a little bit to hear

We have to get them all in. And I want to make sure voices are heard from everybody. So let's go with three minutes. And then if there's seating time, we'll give them five, okay?

Before we start that clock, David. I might ask you, we are keeping comment based on 14A, correct? This particular item. Correct. What is before us, what we're required to vote on.

Thank you, Lisa. Name and if you've been sworn in, please.

Ms. Morse, your name, please, and just if I've been sworn in.

I'm going to go with Angler's Cove, Riverside. Thank you. Thank you. Thank you.

people there and then there's more thank you the next speaker is mr. please guys enough come on just the next speaker is mr. Gregg Philk and mr. is please I don't want to remove anybody just name for the record please and they've been so great Gregg Vilk and you've been sworn in mr. Oak yes thank you so much

We do not. Is it, Martin, is that thing working yet? If not, we can have you, when you're done, give her a copy to the.

Mr. Volk, we're talking about garbage cans, waste disposals. I'm just getting to the use. I know you're going to tie it in. It's a broad use. Tie it in first.

Can you wait for one second? Can you stop the clock? David, we have a right to ask questions or cross-examine, as you said, I know the lack of terms.

Well, let me start with you. I understand MICA. I respect them. I know they have deed restrictions. Do I have – do we and this Council have any authority to impose any MICA restrictions in these proceedings?

That is a courtesy. There's another entity out there. Even if I agree with him, I don't have a right to. decide on that.

That's something I'm going to let your attorneys handle, but thank you so much. I appreciate you coming. Next speaker, please.

We're going to get to the... Bring me to the disposals, the garbage, the buffers, please.

Yeah, we are trying, Mr. Attorney, we are trying to keep it on each individual one on top.

I'm sure Mario's in the back there, right? Mario, can you hear us back there? Come on up. It's like the price is right. Come on down.

OK. You want to go to the next one? Joan, you want to call the next one up? And we'll give Mario a spot there. Call the next speaker up. And if he comes up, we'll put him there.

Your name and if you've been sworn in, please.

Guys, please let him speak. He's entitled to his time.

Thank you, sir. Anybody else in that list ready to come back up, or do we keep going to the next person?

Okay, so you need to make a thank you for keeping me on track counselors I don't see we're getting passed, and it's really going to depend on how this first item goes as to number two and three, which are connected to it. But we're going to need the minimal an hour. So can I get a motion to move for an hour? All those in favor, say aye. Aye. Anybody opposed? Thank you, David, for keeping me on track. I'm sorry. Could you repeat who seconded that vote? Thank you. Councilor Golder. Sorry about that.

Mr. Hattendorf, go ahead. Your name, and you've been sworn in, correct?

You have to state your name for me, though. Sorry.

It's not functioning, but right now we're on landscaping garbage cans. Do you have any opinions on landscaping garbage cans? No, I think it's great.

Mr. Carver, try to tie it into the trash cans.

No, Rich. OK. Dan, you want to come back up? Counselors, light signs, any additional questions?

I'm just searching for a little clarity. Some of our voters will be happy to know I've got a headache. This is very complex. It's very important. I'm trying to figure out how. So my vote, if I understand this correctly, is going to go variance by variance. So I could be inclined to support one of the requests and decline another, which would have Some impact on the totality.

And then we'll work through this with the next two. Yeah, the conditional use will be next. Okay.

I'm pleased. The notion about trying to have a comprehensive... all-inclusive NIM that captures and consolidates all of this, how would that conversation take place in chambers?

Understood. So it's irrelevant the level of disclosure in that NIM relative to what information came out afterwards. That's irrelevant?

Did you have a comment? A comment more than a question. You know, we've heard comments over the years about following process. We heard a speaker tonight complaining about the audit committee. We didn't do that right. Talking about process, Rose Marina said, It started with the growth management committee, Dan Smith, over two years ago. The process starts. Over the two years, they worked together, collaborated, took out all the idiosyncrasies, and they crossed the T's and dotted the I's. At the end of it, growth management was satisfied with the scope and nature of the project. Growth manageme

Just to tag on, with all due respect, we are following the process. The requirement is for the City Council to review the three resolutions. That's the process, is it not? That's correct. So we are following the process. And the comments.

I have a couple thoughts here, and we'll see if anybody's looking to make a motion. Either for Attorney Lombardo or for Mr. High, one of the two of you. Dan, you've been sworn in, correct? If either one of you want to come up, or Zach, maybe we could start with you. This boat garage I'm looking at, I've been here a long time. I've been here permanently since 98. And let me just start back a second. I remember Pier 81 and counselors. Just think of yourselves and ask how many times you've been contacted to be told that the traffic on Bald Eagle is unbearable because of Pier 81, because the ameni

I was just going to say I move to approve.

Motion by Councilor Henry, second by Councilor Dunn. Light signs for any additional comment, Councilors?

Can you summarize that, Dan? Are you looking for just the garbage can? You're looking for the broad strokes?

Any other life science counselors? We already had a public comment. Call the roll, please.

No. Chair Palumbo? Yes. Motion passes 4-2. Moving on to item 14B. You want to read that into the record, please, John?

And before you get started, and before you get started, and I want to stop you mid-flight, I think some of the counselors need a quick break. Let's try to make it a three-minute recess, guys, please, and bathroom break. Ex parte again or?

Let's wait for Councillor Golder then if she's going to have to. Councillor Golder, if you could hear me, make your way back to the dais please. Do you have to swear us all in again?

Let's start with Councilor Henry this time.

I reviewed the drawings, I attended the NIM meeting, the planning board meeting, I spoke to the owner, the general manager, their attorney, and that was it on that one.

Council Golan? I walked the site, I spoke with the residents, and I spoke with the city staff and the attorney as well. Council Golan?

Once again, like I said, last time I walked the property and I spoke briefly with Rose Management.

SITE VISITS, SPOKE TO THE PETITIONER AND ALL OF THEIR STAFF, SPOKE TO OUR STAFF, AND REVIEWED THE PLANNING BOARD INFORMATION.

VICE CHAIR? I SPOKE TO MANY COMMUNITY MEMBERS BOTH IN FAVOR AND OPPOSED TO THE ROSE MARINA PETITION AND APPLICATION. I SPOKE TO THE ROSE MARINA MANAGEMENT STAFF. I SPOKE TO INTERNAL STAFF ON GROWTH MANAGEMENT. I TALKED TO OUR ATTORNEYS. And the city manager.

Thank you. Attended the NIM, attended the planning board meetings. I've talked to a number of our residents. Very brief conversation with Rose management. And again, I filled up my jet ski at the pumps.

Before you speak, Dan. Joan, keep me on track here. We extend it until 1030, right? Yes. Give me five minutes before. I know we're going to go over public comment, but I think we can move through this one a bit quicker, having already set the tone.

just had one question it was something that it came up at the planning board but i'm trying to think of storm safety the palm trees are you going to put them on like little wheelie things because they're they're going to have to be mobile because there's no dirt there well that was a rendering of i came up with because the applicant didn't come up with anything this was because when at the planning board people you're because you're renting very good But you can't, that would be really hard to do. Well, I think the applicant would probably like to address this because they do have some... Beca

And my biggest concern with storms, because the fact that it specifically says end every 30 feet a palm tree, I WOULD LOVE TO SEE THAT RENDERING BECAUSE I DON'T RECALL SEEING THAT OF WHAT THE INTENTION IS THERE BECAUSE THAT KIND OF MAKES ME A LITTLE NERVOUS.

I HAVE A COUPLE QUESTIONS. I WANT TO MAKE A STATEMENT FIRST. I THINK YOU NAILED IT. CAN'T COME TO A MEETING AND JUST DECIDE TO START LEARNING EVERYTHING WHEN YOU'RE SITTING HERE. IF YOU GO TO THE PLANNING BOARD MEETING ON JUNE 5, 2026 UNDER THE THREE ITEMS FOR THIS PARTICULAR You have attachments for resolution, staff report, application, affidavit, property deed, survey, design plans, exterior elevations, floor plans, site plan development, civil plans, lighting plans, landscaping plans, 2014 landscaping plans, riparian map, DEP ERP permit, drainage calculations, bold evil drive improvements,

We're going to have some light signs, but we're at 1021, counselors. And we're going to open this up for public comment also, and you'll have your go arounds. And I suspect C, where we talk about current dock facilities and that's going to be the one where we'll get into fact and myth and rumor and cruise ships and all that. Would anybody like to make a motion on this item as we're moving forward?

I'd like to make a motion that we say yes to the resolution for the conditional use permit. It's been a six to one approval from the planning board.

Growth management also did I mean again, I'd like to object to this there needs to be public comment Just as I said they'll be good for our rules of procedure the comment the council's I got their go-arounds Counselor dome you had a motion.

Yeah make the motion to Conditional use permit Anybody wish to second the motion a second.

All right, so we have motion in a second on the floor now We'll open up for light signs for counselors and we will get everybody's public comment in vice chair champagne

I just want to clearly understand I like the eight-foot fence. I have no problem with that. But are you saying you're going to

Doesn't it make the fence more susceptible to wind force because it's a shorter distance? I wouldn't think so.

Before it comes up, how are you going to secure those portions of the fence?

We good with that motion? Okay, very good. Zach? I thought you were coming back up to speak. Sorry. All right. Councilors, I see no other light signs. How many people signed up to speak on this, Joan?

So let's first move it along pretty good, Counselors. How about a motion to extend this to 11?

A motion and a second. All those in favor say aye. Anybody opposed? All right. Let's give them three minutes, please, and call them up.

And once again, name and just reconfirm you've been sworn in, please.

Mr. Vilk, can you hold on for one second, please? David Tulsa, city attorney. Is this last speaker right? Is this against the land development code? Are we breaking the law here?

Thank you. Mr. Velk, your name, please, and you've been sworn in correctly.

I'm the public, and I have the right to speak. Let him speak his mind. I'm okay with it. Let him, please. Let him speak his mind.

That's not 26. Let him speak his mind, please, counselors. He has a right. I know. I said it as a whole.

I just ask... We have a beautiful, calming voice. If you could just... Thank you so much.

No other questions? Next public speaker. Thank you, sir. Next public speaker.

Thank you. All right, no other public comment? There is no one else. Thank you. Councilor Golo, your light sign's on.

I have a couple things I would like to say about this specific resolution. Rosmarina did not make any mistake presenting this. It was actually rewarded by our own staff. I had a long conversation with Mr. Dan Smith, and I called Jason Bailey, which is our chair of the planning board. It's not that Rosmarin actually made any kind of, you know, they did not try to bring here the different proposal versus the planning board. And I spoke with them about it. I have absolutely no objection on this, specifically.

Thank you. I see no other light signs. We've had public comment. Anything to add, or we're calling the roll? I'm good.

A motion or amendment or a second? Motion to second. Very good. Please call the roll.

Yes. Chair Palumbo? Yes. Motion passes 5 to 1. All right. We are moving on. To us 14 run right 14 see Joan. Would you please?

Anything different in this one, council? All right.

Anybody feel like they can't be fair and impartial? We're good.

We're going to have some light signs going on here. Joan, how many people are signed up to speak on this item, please?

Let's get through a few counselor questions. We'll talk about extending, but let's go through a round. Counselor Gray, you're up first.

Okay, so we do not have any knowledge of the terms and conditions of that lease. No. Okay. Thank you.

Hi, Mary. Again, great job tonight. Thank you very much for informing us, keeping us up on what's actually happening here instead of going with the keyboard commandos and the rumors. Growth management obviously approved this. Do you know what the vote was when it got to the planning board?

Yes, thank you. Good presentation. I'm going to take a moment. before I get into questioning you to make a comment about someone who spoke already. Who questioned the integrity of people on this desk? You did not? Please, guys, we're not.

I misunderstood. I thought you were questioning our integrity. And I was going to really get upset about that. But seeing you corrected it, fine. OK.

All right, please, please, let's counsel. Let's stick with Mary.

All right, so I just want to point out to the public and everyone here in the room, and O3-13 actually expressly approves the marina to dock ships up to 362 feet. Is that not correct? That is correct. So there's no issue about a 243-foot dock. cruise ship or river boat or large vessel whatever you want to call it that that's a given it's approved correct okay I do have questions though and I don't please interpret the questions to mean that I lean in any direction on the eventual vote understood I'm not going to not going to contend that the comprehensive plan is prohibits cruise ships because

I'm asking to get to the point of approving as a development process internally to the city, how do they conclude that? They, not you, unless they went to you and asked you for your opinion, how did they come up with that conclusion?

What did it cover? What did the planning department approve? Just a zero foot riparian or did it cover a cruise ship operation? It had to be one or the other.

That means it does not approve a cruise ship application. No.

I apologize. We have to extend this meeting. Oh, yes, please. Casey, when are we changing the hours? Is that the October 1st meeting in October? October 5th. All right. So, counselors, this is the big one, and these folks' voice needs to be heard, and we're not going to stifle that. If I calculate, 15 people signed up, did you say?

So 11 times three is 33, and then four get five minutes.

It's a midnight or it's a sketch after there. Am I within my rights to extend this to a, you guys have to extend to 12 o'clock. I need a motion. I move to extend it to midnight.

Anybody opposed, say no. If we can keep this going around as quick as possible, that would be good. I'm sorry, Vice Chair. Please ask your question.

I have a lot of questions. This is just the beginning.

I'm sorry, but I'd rather clear the air. This is important. You ask the questions you have to. And try to calm the voices out in the community so they understand what's going on. The first question was whether we were approving a cruise ship operation or not. The answer is no. We're approving the setback, period. Okay. Then the question becomes, the first cruise ship, as far as I was able to research, docked at Rosemarina December 22nd, 2023 or thereabouts. I may be off a day or two, but it was December 23, okay? Did you and Dan have conversations with Rosa Marina about this ship coming in in

Okay. Then there was no approval for a cruise ship coming in because 20 – 03-13 does not approve cruise ships. Is that correct?

So therefore, just follow me here, we didn't approve cruise ships. So are we saying Rosmarina self-decided they could bring in cruise ships, never got an approval?

And we should get that answer because now we're on the topic that is most concerning to the city population. Who approved cruise ships? When did they approve cruise ships? Show me a document approving cruise ships. There's no such document.

Oh, boy, I'm going to argue that. That's fine.

The comprehensive plan and the land development code specifically require, okay, I'll go through these again. Traffic considerations, circulation, access, parking, noise, public services, compatibility, capacity, size, timing, and effects on public health, safety, and welfare for a small town environment. That's what the Comprehensive Plan Land Development Code requires. And what we're saying, we didn't even consider it. In fact, we didn't care. Bring in the big ship because the length was approved. The length was approved. There's no doubt about that. What we do with the passengers on is in d

But Dan just said before you, no, that wasn't. He didn't get into that. There was no approval process.

All right. Let's get to the nitty-gritty. What is the specific approval process that allowed them to bring in cruise ships to Markham Island?

I contend that you're wrong. That's fine. Because the comprehensive plan and the land development code requires certain things to be met.

The cruise ship, first cruise ship came in in 2023. The site plan wasn't reviewed by the planning board until 2026. That's three years later. So a retroactive approval?

I'm just trying to protect the city. Let me just try to, if I could tie this up. And I'm trying to hear what you're asking. But let me ask it this way. Is there any approval for pontoon boats, mega yachts? No. It's amount of people. What are the criteria for any boat? That's what I think. How did this boat of this size become legal in our waters?

And where did this resolution come from?

It doesn't say cruise ship because they put pumpers in there for bigger ships.

Let me continue. During So let me clarify again. Did you have any conversations with Rosa Marina before the first cruise ship arrived in December 2023? No. They didn't come to you and say, hey, we have this cruise ship coming. We'd like to alert you. So let's talk about what you're going to need. They did not have any of that. Interesting. Fascinating, I should say. So there was no consideration of the frequency that they would now start bringing cruise ships in. No conversation.

I'm trying to focus on us to determine how we agreed that they were approved. And I'm not hearing it yet. But we did not take into consideration, hey, this ship is going to have 100 plus people on it. And that leads to a lot of other things in the comprehensive code and land development code that need to be addressed. There was no conversation to that.

You're saying that the biggest boat in the marina at that time, 180, 190 feet. So a boat or ship 50% larger in size with more passengers on it than any other ship that is in the marina didn't trigger a need to talk about what's going on here? This thing... was so much bigger than any boat in the marina, didn't prompt anyone to say, hey, let's look into this. Because the comprehensive plan and land development code have all these conditions that have to be met. And they're not met. There wasn't a discussion about them.

It's called a code requirement. It's called an comprehensive plan and a land development code, which were not considered for approval.

Comprehensive plan and the land development code don't have to be considered on anything any landowner wants to do.

Do we know that they're going to have 13 visits in the month of December? And do we know they are already planning 50 in the 2027? No, we don't. So we didn't even consider what the frequency and the impact of all of those people coming in during the height of the season never prompted us to question what the hell's going on.

Yes. I didn't see it in my review of those documents. But nonetheless, if you contend it's there, okay, it's there. I'm just saying this is a very unusual state where if I do something in my home, I have to get a permit. We're moving a dumpster. That was one of the variances. They had to get a permit to do it. These boats come in with these people, and you don't have to get an approval? Come on. Something is wrong.

Councilor Goehler. To pick up, Mr. Champagne, wow. How do I pick up after that? So I have questions. In 2003, that's when the resolution was approved, correct? So back in the 2003 era, did our comprehensive plan have the same words, the language that I have now? They were talking about keeping the small town charm. So back then, obviously, that approval met back then comprehensive plan, right? Logic?

The first time the ships came in was 2023, correct? So all this, within 20 years, there have been no movement in Rosmarina. We have not been having any kind of cruise ships coming in at all. And in 23, all of a sudden, ships came in. Is that the process how it happened?

OK. So 20 years, there is no cruise ships. And 23, all the sudden cruise ships come in, and nobody questions anything.

Yeah, because it was already approved in 2003. Yeah, correct. My biggest issue with that is that, and just like everybody else, I spoke with Zach. And Zach, you're doing a great job, man. I'm sorry for being tortured. But honestly, my whole thing is I've been talking, speaking to residents. They do not mind that all the buffers and all those beautiful, you know, the plants and that. It's not their problem. The problem is that they never knew that cruise ships were going to be rotating in their marina. And that's what the biggest problem is. And that's what we are discussing today. And I have t

Very good. Councillor Gray. Thank you. I'll just read a quick statement. I really appreciate this conversation. Our comprehensive plan sets a clear standard. Any tourism and development must protect our barrier island character, dark skies, and environmental resources. We must not undermine the well-being of our local residents, Comprehensive plans, strategic plan frameworks place environmental integrity and community health above visitor satisfaction and unchecked economic growth. Thank you.

I know everybody's saying, oh, it's been 20 years and then all of a sudden a cruise ship showed up. The Key West Express holds 400 people. The... The average rider is 180, but it holds 400 people. The Marco Princess holds, I think, 100 people. And the ACL ship holds 130. So you could take all those people and put them on the Key West Express. So it's not that, oh, just 20 years went by and a cruise ship just showed up. I want to come to Mary's defense and the fact of part of her job is it's the parking alignment. People on the cruise ship don't have cars. We're going to work on the people that

That's not going to stop the cruise ships. So are we going to have a really long discussion about this when I think most people want to talk about that? That's what I got.

I got to make a comment, and then we'll have Mr. Lombardo come up. I agree. And this is the big one. This is the one I wanted to get to. This is the one I knew the public would have the most passion on. The other one seemed a little more simple to me. So it's been allowed. They used an allowable, you know, something that's in our code, and they didn't need to ask permission. They went through this entire process for months and months and months and years to get here, and now we're arguing we don't like that we don't have a rule and ordinance in place. I don't think that's on Rosemarina. Now, t

I'm happy to answer any questions. I'm sure I might have a couple of guys' light signs with questions. If not, I have one. Vice Chair Champagne.

Good presentation, by the way, and Slowly catching on. Thank you. I have no argument over the size of the ship that might be permitted to come into Rosemarina. Unless you exceed 362 feet, there's not a problem. So I'm not arguing that at all. When you mention no more than two large ships in any bay, the two bays, Magnolia and Factory Bay, Do I read that and comprehend you're talking about up to four ships?

Because there's no limitation on length of the ship, it could be four 243-foot ships at the same time.

No, I don't disagree with what you're saying. I'm just saying, theoretically, there's no prohibitation preventing them from having four big ships with passengers at the same time.

Now I understand that Rose Marina management has put certain restrictions on certain boats or maybe all boats. What are the restrictions that we all need to understand that they've put in place because that seems to me to be important information because They're already self-policing themselves, I think.

And that's all documented or will be documented?

Just a friendly advice I think you need to make more people aware. of your self-imposed restrictions because they don't appreciate it. I didn't appreciate it until you started explaining it. It sounds like there's no limitation on anything in the marina. That's what is contended. Well, you're saying, no, that's not correct. There are going to be very specific restrictions. Well, people need to understand that better, and that requires, I think, communications, advertising on your part. You're trying to be seen as the good corporate citizen that you've been seen as for years until these large s

Yes, Chairman Falumbo, I'd like to intervene here with Councilor Champagne. Okay. Wait, I'm sorry.

I thought that you were banned from that conversation.

Sorry, city attorney's barking at me, so we'll catch up in a little bit. Sorry. Vice Chair Champagne.

No, that was just a little friendly advice. We all need to know more about the details than what we know. Part of my conversation with Dwight and Dan was really trying to get at some of these issues because you've got to calm the waters. I'm beginning to understand that the large vessels that are already coming in though we don't call them cruise ships, they're large vessels with large number of passengers on them, have already been or will be further restricted going forward. Well, I don't think that's understood. It may be already in documents, but most of the people here would never underst

And one last comment. My questions and points of view and argument were not intended to attack Dan or Mary or anyone else or David. It's helpful to the community to hear this because I was expressing the concerns from the negative side in the community. All right? You heard it loud and clear. And we still have to deal with it because if you don't deal with it, they just continue to be negative, which is a problem. So anyway, I'll just quit.

Thank you. Thank you, Mr. Chairman. uh it's actually not a i'm going to probably do my question back to dan smith counselor champagne brought up some very good thought-provoking questions uh just just now and uh i have to think that i since i'm so impressed with our planning board and our our city staffers that they probably also thought these questions also when they started debating this and when the planning board comes back with a five to one i'm I'm not a betting person but I would have to guess they they talked in depth about the same questions brought up by counselor champagne so again

I see no more lights on. I have a couple quick comments. We have to get the public comment. We're going to be here a while. Councilor Dome, I agree. Planning Board Member Finkel, Bailey, Hanson, DuBois, Ferringer, Jansen, Mike Hogan, these are all good, intelligent, smart people that ask these questions for nine hours. There was a woman that came up to speak for public speaking. I forget her name. It's been a long meeting. But she had asked a bunch of questions I couldn't answer before getting here. And I said there's going to be no overnights. It was a condition. There was a series of other q

Opposed? Please start calling them up for public comment. Three minutes and five minutes if seated, please.

I challenge any of you to tell me that that looks like a recreational vessel.

Thank you. Joan, please hold off on calling the next person up. Guys, congratulations. We're going to need to reset our video recording mechanisms. We're going to midnight, so we're going to take a five-minute recess so we can do that. We'll bring the rest of the public comment up after that. We're in recess. It's tomorrow.

Actually, councilors all present, it's actually, if you think about it, not to make this, it's 9-11. So that's something we'll be getting together with tomorrow. Joan, today, yes, exactly. Joan, who's next on our public comment list?

Mr. Martini, are you here? Is anybody in the back room?

Greg, I'm sorry for the city attorney. I gave you three minutes.

I have a question for you, sir. Yes, you can. I've got about, I can't count on my phone, but about 350 Rosemarine emails. You can just see them. I spent 40 minutes on the phone with one woman, another 20, half an hour with somebody else. I forget which public speaker came up and said we didn't get back to her. I did get back to the first one and answer the questions because they were detailed and I was answering other emails. We've had nine hours of meetings. We've had this meeting. Meeting with staff, other counselors have been emailed, called. We've had information in the newspaper. And I'm

Appreciate your input. I might respectfully agree to disagree on that, but I do appreciate your time and coming. Thank you. Thank you.

All right. I'm going to take my go-around. I'm going to get to you, Councilor Goldberg. I'm going to take mine first. Zach, before I get to you, I want to make a little statement. I've been making some notes here. Just something I find ironic. At my request, I don't know how many meetings back, a year back, eight months back, I asked Dan High to produce a report with the Waterways Advisory Committee on the channel, right? Why? I didn't think we were getting our fair share from Naples to dredge it or to make sure it was safe. And it's the only one in Collier County that wasn't. Man, we chastise

All right, I'm going to leave it at that for the moment, but that's what's on my mind, the maximum boat size. Councilor Goehler?

Okay, this is going to be my final discussion. I don't like cruise ships on the island. This is where I stand. You don't have to agree with me or you don't agree with me. I have nothing against Rosmarino. I think you guys are great neighbors, and I will visit your restaurant. I can guarantee that. Here is my issue, that I do not believe the commercial ships comply with our comprehensive plan. because it completely takes away the small-town charm, what we call Marco Island. So that is my personal issue, because I think that Rosemarina is a local, small marina. You have all the right. It's your

I don't want to live on a QA. Mr. Tulsis, please. Mr. Tulsis, may I ask you to remind us of our duty? Are we voting on cruise ships tonight? What are we voting on? What are we required to vote on by law?

Thank you. I understood that, Mr. Chairman. Thank you. Vice Chair Champagne.

I'm going to make some general comments before we vote on this particular resolution.

Oh, you don't have a motion yet? Not yet. Well, maybe we'll go until 1 o'clock. It's about likely, just saying. My general comment to start is I had a 44-year career in business. I was the CEO of two very large companies. You know what my objectives were every year? Expand. The last company I expanded every year for 22 consecutive years before I retired. So I'm not anti-expansion. In this particular case, I continue to argue that I believe we should have, upon the first appearance of the first cruise ship, Applied the comprehensive plan and land development code as a city we chose not to For w

A motion by Councillor Henry and a second by Councillor Dohm. Does he know the light signs? Call the roll.

Yes. Motion approves 4-2. All right, council, we've got seven minutes, and I'm going to recommend, unless there's something on this agenda that I'm bound to, item 16A be moved to the next agenda. Nothing's removed from consent agenda on 17, 18. We forego councilor communication. Councilor Sean's white paper will have to be moved. And do we have anybody signed up for citizens' comments at the end of the meeting?

I need to have time for my white paper on the agenda. For the next one? OK, that's fine. OK, very good.

All right, so let's do this. We can't just adjourn. We have to remove some stuff from the agenda.

Counselors have a little bit of communication, so how do I keep counselor communication but remove item 18A, the white paper?

Motion to continue them to the next council meeting. I'll second that. Call the roll on this one. Can you call the roll? I see no light signs. Call the roll, please.

Yes, I call it 6 to 1. All right. Councilor Communication, I'll make it quick. Vice Chair Champaign, you have something that's important, so you go first.

I do. I have submitted a white paper to the city manager regarding the an amendment to i forgot the ordinance number but whatever ordinance number granted the planning board approval of projects of this type i am going to amend uh for for projects that have community-wide impact not i don't want all approvals from the planning board to come to the city council and i'm going to try to specify what kind of projects they would be but they not aim just at a marina but it would be every big item that causes community concern that should be addressed by the city council that city that white paper ha

I haven't seen the next one. I can't guarantee the next one, but I'll get you on the closest one. You have my word. And the last thing I'll just caution is maybe get together with the city attorney on that. I'm not sure what we can and cannot decide. Only we could hear and the planning board can. So that would be a good ask for the city attorney. Very good. Anything else, sir?

No. Councillor Gray. Three quick points. Um, big mark on past dredging. Uh, I disagreed with some of the earlier accounts, Mr. Chairman, uh, Ralph Rohina and the water advisory committee has been trying to get this in a conversation. And, uh, I, I think it's, it's an orphan that needs to be addressed. I think, uh, the water, the water advisory committee is an excellent destination for that as well as an inlet management plan conversation. And then we can never hear enough from Mr. Poteet. Somewhere I think it would be wonderful if he would have a community workshop. There's so many water quest

The two citizens' comments for the e-bikes, and they're not here. Can you help?

Okay. You know, that's going to be, that's the table, so we could really hear that for the next year.

Motion to approve for two minutes. The motion, councilors, come on. Oh.

All those in favor, say aye. Aye. All right. Bring them up. I want to get that to you. I need two minutes for four minutes. Please bring them up and let them speak. And let's do three minutes, please.

Are you going to forego that first, Dave? Yeah. Thank you, Dave. We'll have you on the next time. Somebody come on.