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State supreme court ruling backs Marco’s septic replacement project
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The Florida Supreme Court delivered a decisive victory for the City of Marco Island’s septic tank replacement program Thursday.
The court ruled the city was correct in its special assessment process for the first two of 17 districts in the city’s $120 million plan to replace the island’s septic tanks with sewers, ending a bond validation process that began in Collier County Circuit Court 16 months ago. An anti-sewer political action committee, Citizens Advocating Responsible Environmental Solutions (CARES), had challenged the city.
The decision means the city can begin selling bonds to pay for the first two districts, Tigertail and South Barfield, immediately. Marco City Council has authorized a combined $5 million bond issue for the two districts. The city also can send bills to properties for the new sewer service in those districts, but City Manager Bill Moss said the city would wait until after a June 26 voter referendum that will clarify the program’s financing.
“It gives certainty to this community program that’s been debated from a policy standpoint for a long time now,” said Mark Lawson, an attorney from the city’s Tampa-based bond counsel, Bryant, Miller & Olive. “It’s always been on solid legal ground.”
Council Chairman Mike Minozzi said he was pleased with the court’s decision.
“The entire lawsuit and the appeal was frivolous,” he said.
As part of the septic tank replacement program, the city’s wastewater treatment plant will be upgraded and expanded.
CARES had argued the city’s assessment process unfairly burdened new connectors to the benefit of existing sewer users by assessing new connectors to upgrade the wastewater treatment plant. The court stated in its ruling there was “no support for that proposition in the record.”
“Competent, substantial evidence before both the city council and the trial court supports a finding that the improvements to expand capacity and treatment facilities and to provide for wastewater collection from new users will confer a special benefit on the new users,” the court wrote.
CARES attorney Samuel C. Gold and chairman Doug Enman said the committee had no plans to oppose the city further in this case or in other bond validation hearings. In April, Collier Circuit Judge Cynthia Ellis approved the city’s bond validation for the five districts in the 2007 portion of the program.
“This is the end of this particular bout on bond validation,” Gold said.
Enman said this case also spelled the end of CARES activities other than what’s “in the pipeline.”
The organization had filed suit against the city to enforce a settlement agreement’s terms in a federal lawsuit relating to asbestos uncovered on city property. The city responded by reintroducing a motion to seek legal fees in a separate case and seek sanctions against CARES in the asbestos case.
CARES, the largest PAC in Marco’s 10 year history, listed less than $2,000 in its latest financial report.
Comments
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Chase100, I think you may rethink the impact of this so called victory when you find out that Gold's suit only affected the connection usage fee which is peanuts and not the sewer assessment or the capacity charge. I believe it was a less costly move by the city and applaud them if they do make this decision.
#1 Posted by lou on May 31, 2007 at 6:50 p.m. (Suggest removal)
Does "CARES psy the legal bill for the city. In In Fantasy Island they would! The cost of bonds is higher. Does "CARES pay for that. In Fantasy Island they would. In the real world CARES has cost the taxpayers a lot of money. When will they be held accountable for their frivolous lawsuits?
#2 Posted by weikosteve on June 1, 2007 at 9:07 a.m. (Suggest removal)
The Asbestos lawsuit found that no AC pipe crushing took place !! I guess all the expert witnesses for CARES could not prove it, so please accept it. And the most interesting part is that even if it had proved it, we breathe more quantity and more harmful asbestos dust when walking on a street with stop and go traffic (from brake linings) than we would have if crushing had taken place. 90 days or a year, it will just cost us all more due to interest accumulation. I guess that is the price we are going to have to pay for procrastination. And for those of you that think that the STRP can be stopped on a local level (after 85% contracted for), you need to spend more time reading and getting in tune with State mandates and activities in this area.
#3 Posted by lauralbi1 on June 1, 2007 at 10:31 a.m. (Suggest removal)
And the Marco Eagle Editors are afraid to run this most significant political story on the front page. We knew there was a bias.
#4 Posted by conchsoup on June 1, 2007 at 2:55 p.m. (Suggest removal)
Here is what I wrote to the Eagle earlier today (great minds think alike):
Gentlemen: I have a question regarding deadlines. As you know, we have been having continuous correspondence regarding the objectivity and reporting in the Marco Eagle publication. Please allow me to comment that it has gotten MUCH BETTER !! As a citizen, occasional reader and past advertiser (will come back when I see a trend), I congratulate you on your efforts in this area.
But, in keeping with the theme, you will see my e-mail below and the article on the subject written by Liam Dillon that appears in the Naples Daily News this morning. His first splash of this article was complete prior to 5:00 p.m. yesterday. I informed Mr. Bania of the decision at 4:00 p.m. yesterday (see below), and he obviously knew about it already, as Liam had filed an article not an hour later.
A simple, honest question is why was this article, so important and relevant to Marco Island, not posted or printed in the actual Marco Eagle paper ?? I know that it will be in there on Monday, hopefully the article that Liam wrote. If it appears under an article that Mr. Bania writes, I assume that the reporting and quotes will not be biased. But we have seen articles from Liam before in the Eagle, why not this one ?? Again, did Liam miss the deadline for the Eagle (hard to believe the Eagle has an earlier deadline than the NDN) ?? Or was this a conscious decision by someone to leave it out of the Eagle ??
It is of no interest to me or Marco Island that the article appears on the web site. It needs to be in the actual paper, which is what is read by some visitors and some residents that may not be computer savvy.
I look forward to your response and seeing the article on Monday.
#5 Posted by lauralbi1 on June 1, 2007 at 4:30 p.m. (Suggest removal)
From what I have heard the Eagle has an earlier deadline than the Naples Daily News. They are all printed on the same press I believe and the Naples paper takes precedence. This insures that the Naples paper has the most up to date stories.
#6 Posted by MarcoAvenger on June 1, 2007 at 4:46 p.m. (Suggest removal)
Who Cares? Old news. Find something new to print. Why weren't the dead manatees on the front page? No one cares that the city won. Everyone knew they would. It's sorta like if the CM asked the VI to drink toilet water, we all know he would. Would anyone care.......NO!!
#7 Posted by strike3 on June 1, 2007 at 4:50 p.m. (Suggest removal)
ilovemarco,
OJ Simpson won every court battle broadcast on TV. Does that mean he is inocent? Bush is being destroyed by his peers on the Iraq war but still has veto power. Does that mean he is all knowing and correct? Al Gore says the earth is warming and we will be under water in 5 years. Do you believe that? Dr. Gray (some old jackazz in CO) says we will be pummeled by hurricanes this year. Do you believe that. My guess is that you do. My next guess is that you are another moron who cannot think for himself/herself or do research on what is right or wrong. Show me the way my government you say. Everyday when you wake up. Show me where to give my money, or, why don't you take it from me and distribute it for me.
You are a joke. You likely want Marco excluded from tax reform?
Foster,
You cannot argue with Issler (aka Village Idiot)as he has not a clue in what he is saying. He is a lost cause and a waste of time. Although fun to ridacule and an easy target. Not worth the time. Every time I see him post a big red word pops up in my mind............IDIOT!!!!!!!!!!!!!!!!!it says.
#8 Posted by strike3 on June 2, 2007 at 12:22 a.m. (Suggest removal)
ilovemarco,
have a nice weekend!
#9 Posted by strike3 on June 2, 2007 at 12:30 a.m. (Suggest removal)
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