Lack of water quality report stalls Marco Lake consideration

It seems unlikely that the county group will be interested in purchasing Marco Lake, a county official said this week.

While some homeowners in the area would like to see Conservation Collier buy that property from Keith and Larry Basik, it isn't at the top of Alexandra Sulecki's list.

Sulecki, coordinator of Conservation Collier's land acquisition program, said one drawback is the lake's water quality.

She asked the Basiks for a water quality report, but hadn't received one as of last week. The land acquisition committee will weigh property nominations on Dec. 5.

"No water quality data has been received," Sulecki said earlier this week.

That request took Keith Basik and his lawyer, Tim Ferguson, by surprise.

"I'm not familiar with that (water quality) request, " Ferguson said.

Keith Basik said Sulecki did ask him for such a report, along with many others, but he didn't realize it was that important.

"She never indicated that that would hold up anything. I said I'd see if I could find it," he said.

After that, no one contacted him and told him it was a crucial piece of data, he said.

The Basiks have long wanted to build an assisted living facility on stilts on top of the lake, but have hit numerous planning roadblocks.

At the same time, they've protested that the city allows adjacent property owners to use their lots for parking, so they sued the city and neighboring Marco Lake businesses for back rent.

They're asking for $204,765 plus interest in damages as of Aug. 11, and $1,551.25 for every month afterward, Ferguson wrote in the lawsuit.

The city of Marco is insured against lawsuits by a policy issued by the Florida League of Cities, and that group hired Sarasota attorney Gregory Hootman to represent the city, Finance Director Bill Harrison said.

Hootman hasn't yet filed an answer to the Basiks' claims, Ferguson said.

"No one's answered the complaint itself," Ferguson said.

He and Hootman have mainly gone around in circles on procedural issues, mostly focusing on jurisdiction.

"It was removed to federal court, but since then we all agreed it belongs in state court," Ferguson said. "Right now it's an exchange of information. We're hoping sounder minds will prevail."

Harrison said the history of the property is convoluted, and Hootman has been researching past lawsuits and agreements.

Sulecki said she has some concerns over liens on the property.

There are six active Code Enforcement Board cases against the Basiks for unmowed weeds, and an unpaid sewer assessment. The Basiks owe $2,711.74.

The 30-page property summary prepared for Conservation Collier states that the county property appraiser puts the lake's assessed value at $560.

However, the summary also states that the county's real estate services department places the lake's estimated market value range between $479,998 and $653,335.

If members of the land acquisition committee decided to buy the property, it could be used for bird-watching, kayaking or canoeing, and possibly fishing.

"The lake could be stocked with fish to provide an opportunity for recreational fishing," according to the county's initial screening report, filed Oct. 20.

However, that isn't a decision members could make without a water quality report.

The lake area is currently zoned for residential homes at a density of four units per acre. However, the Basiks would have to obtain permits to fill in the lake and develop it.