Contentious issues on Marco council's agenda

Several controversial issues that will impact every resident and many boaters on Marco Island are on tonight's city council agenda. The meeting begins at 6 p.m. at Mackle Park.

The number of citizens attending Monday may exceed the estimated 300 who sat and stood during the Feb. 20 session. You may consider bringing a folding chair with you if you can't get there early.

Sewer system financing

The city has proposed several plans during the last few months to finance the $105 million Septic Tank Replacement Program (STRP). Another option will be discussed by council members tonight.

Under chairwoman Terri DiSciullo's proposal, property owners would be assessed a $10,000 cash payment for each property in the program. The assessments could be paid in equal installments over a 20 year period, or about $930 per year. Another option is to defer the payments for 20 years or when the property is sold.

The remaining balance of the project's cost would be funded by issuing $88.6 million worth of General Obligation Bonds, according to the city. Property taxes would increase by 52.2 cents per $1,000 of the assessed value to pay for the bonds' annual principle and interest over a 25 year period.

The bond issue must be approved by the registered voters in a referendum. A second item, a voter approval to exceed the city's spending cap provisions, could be included in the referendum.

Sewer assessment construction charge

A plan to reduce the STRP assessment construction charge for new sewer customers will also be discussed during the meeting. The assessment is for the cost to upgrade the existing sewer plant and collection system.

If the council approves the plan, the construction charge for new hook-ups would be reduced by $2,758 in each of the assessment areas.

The total cost for the upgrade is $32 million. To pay the debt service, each single-family residential customer would have to pay $14.81 a month, or $2,758.

New customers connecting to the STRP won't have to pay the amount under tonight's proposal. But to offset the revenue loss, the plan calls for either a 33.7 percent increase in the sewer system's rate base, or a 7.75 percent increase to the combined water and sewer rate base. The increase is on top of an eight percent water and sewer rate increase that would finance the resurfacing of the roads after the collection system is installed in each of the sewer districts.

90 or 360 days to connect?

The council will decide whether to extend the time that a property owner has to connect to the STRP. Councilor Chuck Kiester requested the discussion.

The Marco Island city code states that each property on a septic system must be directly connected to a public wastewater system within 90 days after the city notifies the property owner that the system is available.

On the other hand, Florida Statute 381.00655 states that a property owner with a septic system must connect to a publicly owned sewer system within 365 days after written notification.

Which time frame the council chooses isn't going to affect when each property owner is billed for the assessment, according to the city. The assessments for connecting to the STRP will begin appearing on tax bills in November when the construction of the sewer mains in each assessment district is completed.

Boat mooring field

The Marco Island Waterways Advisory Committee will present a Mooring Field Feasibility Study during the meeting.

The council asked the committee to study the possibility of constructing a field after local, state and national boating groups associations said the Marco Island Waterways and Boating Safety Ordinance was illegal.

The council passed the law May 1. The ordinance states that a vessel cannot anchor in an island waterway for more than three days without proof that the boat has been pumped out. Another rule states that a boat cannot anchor within 300 feet of a shoreline or man-made object for more than 12 hours.

Marco Island resident and experienced boater David Dumas challenged the 300-foot regulation in January. He was cited by a marine officer and issued a Notice To Appear in Collier County Court.

A judge set a March 23 trial date — 1:30 p.m. in Collier County Court. Local boaters and representatives from state and national boating clubs and organizations are expected to attend the trial.

An article in last Friday's issue of the Marco Eagle detailed the committee's findings. According to the study, a field would be economically feasible only if the majority of the mooring balls were leased to boaters on a quarterly or yearly basis to store their vessels.

Far less revenue would be collected if the field was limited to transient vessels that would moor for shorter periods of time and be charged a nominal fee on a nightly basis.

Sunshine Law presentation

City Attorney Rich Yovanovich will make a presentation about the rules and regulations of the Government in the Sunshine Law.

Marco Island resident "Butch" Neylon, among others, claims that e-mails exchanged in 2005 and 2006 by former council members John Arceri and Vickie Kelber, current members and city staff, violate the law by discussing projects outside of public meetings. The officials and city attorney Rich Yovanovich have denied the allegations.

Neylon sent approximately 9,000 e-mails on compact disc to Richard Montecalvo in the Naples branch of the State Attorney's Office. The State Attorney will review the e-mails and decide whether to take the allegations to a grand jury.

Reducing future density

A first reading will be taken to adopt amendments to the Marco Island Comprehensive Plan. If the reading passes, the proposed plan will be sent to the Florida Department of Community Affairs and other state agencies for review and comments before a second reading by the council.

The detailed plan will impact future land use, zoning, and density on the island. The plan decreases residential and commercial units allowed per acre in the island's districts.

Cost of projects have increased

Marco Island Public Works Director Rony Joel said that four 2007 Capital Improvement Program projects are under funded by about $1.2 million because of increases in construction costs. He's asking that grant money from the Southwest Florida Water Management District be used to make up the difference.

Joel wants $760,000 more for the wastewater treatment plant, $280,000 for drainage improvements and $100,000 each for wastewater collection rehabilitation and the preparation of the North Plant site.

Citizens are questioning the increased costs because they believe that agreements with the contractors protect the city from cost increases. Marco Island City Manager Bill Moss did not return a phone call requesting comment.

Intersections may be improved

Marco Island has a $410,608 Local Agency Program (LAP) grant from the state Department of Transportation. The city's grants coordinator, Lorrie Del Monte, will ask the council tonight to approve an agreement with the DOT to use the money to enhance intersections.

The project calls for constructing a 16-foot-wide parking and landscape area on both sides of the right-of-way of Elkcam Circle East from North Collier Boulevard to Windward Drive. Sidewalk, drainage and landscaping improvements at Bald Eagle Drive and North Collier Boulevard are also part of the project.

The city will have to earmark approximately $58,000 for its share of the project's cost.

Going after CARES?

The council will discuss whether or not it wants to go after Citizens Advocating Responsible Environmental Solutions (CARES) for legal expenses related to the political action committee's lawsuit against the city regarding the STRP project.

The council will also decide whether to authorize the city attorney to pursue sanctions against CARES. The city alleges that the group violated court-imposed confidentiality provisions after the "Clean Air Act" lawsuit, also filed by CARES against the city, was settled through mediation.

Employee of the Month

City Racquet Center part-time employee Phyllis Kirkpatrick will be honored during the meeting as Employee of the Month. Kirkpatrick manages tennis tournaments and maintains the center's courts.