As Tuesday night turned into Wednesday morning at Mackle Park, the Marco Island City Council held its longest meeting in history and it delivered what was expected: intrigue, lengthy public comment and an important change to the Island's biggest project.

That change might not have been what the majority of the at least 350 residents in attendance had wanted, as they spoke early (and late), and often against the city's seven-year $105.6 million septic tank replacement program. Residents spilled out of the council chambers, into the Mackle Park lobby and almost into the parking lot, most of whom came to protest the plan.

Instead, the council passed all five agenda items relating to the program with Council Chairwoman Terri DiSciullo voting "yes" on sewer items for the first time in two years.

"We had a workshop last week where we reduced assessments," DiSciullo said during a break in the meeting. "I heard support of the council tonight to raise reuse water rates."

DiSciullo added that she has seen evidence that the long-term health of the city's waterways could be at risk if the island didn't fully convert to a sewer system.

"From the time I stopped voting for septic tank replacement program issues two years ago I haven't found scientific evidence that we shouldn't do the project," she said.

All five sewer issues, including the initiation of the 2008 portion of the program, passed by a 4-2 vote with Councilmen Chuck Kiester and Ted Forcht, consistent sewer opponents, dissenting. Vice Chairman Glenn Tucker was absent due to a death in the family.

The most contentious issue was the awarding of a construction contract in one of the 2007 assessment districts to Quality Enterprises. The company completed one sewer district in 2006, but also is doing road construction on Collier Boulevard, the island's primary road. Quality is embroiled in an ongoing saga involving asbestos pipe found on city property and some residents expressed concern about Quality's prior work on a different section of Collier Boulevard.

"I implore you to take a break with all of this," said Roger Hall, a Marco resident who is attempting to recall three city councilmen, during discussion of awarding Quality the contract. "Why are you fighting all these people here?"

Hall left the podium to applause.

After a discussion on the possibility of rejecting Quality's bid based on poor performance, Council decided the concerns about Quality's work couldn't merit a rejection.

Kiester and Forcht dissented in that vote, with Forcht voting a "Big No" during roll call.

Tensions have approached their tipping point for over two weeks as residents expressed concerns about allegations of possible violations to the Government-in-the-Sunshine Law, primarily relating to the septic tank replacement program, raised at the Feb. 5 meeting. Council adjourned that meeting after only a half hour after councilors were concerned that the crowd was becoming unruly.

Since then, the two Marco residents that raised the issue, Butch Neylon and Ray Beaufort, have submitted their evidence, e-mails between the city manager and council, to the local State Attorney's Office.

City staff issued a release last week attempting to rebut the allegations and Council on Tuesday night considered hiring a lawyer recommended by the Florida League of Cities to do his own investigation.

Council decided against that option, but did request a public workshop explaining the Sunshine Law led by City Attorneys Rich Yovanovich and Greg Urbancic before regular business at the March 5 council meeting.

Yovanovich said he had already examined the evidence relating to the current complaint, and believed no violation had occurred.

"I'm fairly certain that one of the outcomes of this will not be the undoing of the septic tank replacement program," he said. "If there was a problem, which I'm not saying there was, I think the worst thing that could happen is a minor infraction with a fine."

Sewer opponents also came face to face Tuesday night with condo associations, which are already on sewers and generally in favor of the septic tank replacement program. The condo associations came out in force to protest a proposed 112 percent increase in reuse water rates. The increase in rates comes after a contract that allowed condos and hotels access to reuse water lines in exchange for temporary low rates has expired.

After hearing from condo association leaders and representatives from the city's largest consumer of reuse water, the Island Country Club, the council directed city staff to examine different ways to progress with a rate increase.

Councilmen Mike Minozzi, Bill Trotter, Forcht and Kiester expressed a desire to spread the rate increase out over as much as three years, include a cost-of- living adjustment and perhaps a two-tiered system that would keep the golf course at lower rates.

But Council's direction to move forward with a reuse rate increase, combined with a special workshop meeting last week that if approved would reduce sewer assessments by $2,500 in favor of increased water and sewer rates, was enough for DiSciullo to change her mind.

With the clock 20 minutes after midnight and more than six hours of meeting behind them, council adjourned. The crowd had dwindled to 12, including two councilor's wives.

Fay Biles, president of the Marco Island Taxpayers Association and avowed sewer opponent, was one who stayed to the end.

"I think all the points everybody made about the break and slowing down are great," she said of the septic tank replacement program. "We still don't know the final cost, and that's sad."

Bill Sneddon, a resident who had another view, also stayed.

"What you're giving the city is priceless," Sneddon said to the councilors.

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