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Sweet surprise for Marco's Steve Stefanides Monday night. Vice Chairman Frank Recker, left, hands Stefanides a "key to the city" to show city officials' gratitude for the man who serves the community through Christmas events, volunteerism, civic leadership, political challenges and in more ways than could be named before the standing-room only crowd at City Council.

MARCO ISLAND — City Council discussions Monday brought one of the biggest crowds to the chambers since the controversial septic tank replacement program discussions of years prior.

However, it wasn’t a single issue that packed the house Monday, but rather several issues both controversial and popular that brought Islanders out.

Among the seemingly popular items was a review by Steve Stefanides of Christmas Island Style festivities underway this holiday season. Stefanides received a surprise “key to the city” for his efforts on tough city issues as well as his leadership in volunteerism, fundraising and special events that often bring opposing political sides together.

One of the more controversial issues, though not on the agenda, garnered comments from the Island community and the Conservancy of Southwest Florida about their desires for how the city should handle the Key Marco code enforcement case and Key Marco’s pending lawsuits against the city.

To settle or not settle? That was the question on the mind of many Monday night.

The settlement, which was drawn up by Marco Island City Council Vice Chairman Frank Recker and City Manager Steve Thompson, would reverse a decision made by Marco’s code enforcement board on May 15 opponents said.

The issue is to be discussed at an executive session, closed to the public, at 4 p.m., Jan. 4.

In the city’s longest, three-day board hearing in early May, Key Marco Community Association and Greensward of Marco, a landscaping firm, were found responsible for egregiously violating city code by damaging, destroying and removing protected native vegetation in two habitat parks.

Greensward was fined $1,000 and the association was fined $5,500. Mitigation of the “irreparable damage” was also ordered.

The parks are within the 550 acres known as Horr’s Island or Key Marco along San Marco Road between the village of Goodland and Marco’s city center.

Members of the Code Enforcement Board were particularly peeved about the prospect of a settlement to both wipe out fines and soften land management rules on Key Marco, practically reversing the code board’s decision on the issue.

Most outspoken against the proposed settlement were Joe Granda and Tarik Ayasun, chairman of the code enforcement board.

Granda said he was shocked that Recker was involved in the proposed settlement because he previously showed support for code enforcement and open government.

Recker defended himself Monday saying negotiating litigation against the city behind closed doors was a legal right and intelligent way to win cases.

Prior to the meeting Recker said: “Of course I have no authority to bind the city to any agreement. But 25 years as a litigator does provide me some insights into resolving such disputes and I have freely given my time on behalf of the city to such an end. Neither Council nor I would do anything that undermined the objectives and goals of our Code Enforcement Board.”

The Conservancy of Southwest Florida and Marco residents also spoke Monday urging Council to move forward through the courts.

Recker was not supportive of the Conservancy’s involvement or comments on the issue.

He said those commenting on the proposed settlement agreement have not seen the document yet and he said the it was not a complete reversal of the code board's findings. Rather, Recker said, he sought an agreement that he believed would be more effective than spending taxpayers' dollars in court.

“I am disappointed by their (Conservancy officials') attempt to interject themselves into city business, and litigation in which they are not a party.”

Conservancy’s governmental relations manager Nicole Ryan saw it differently.

“We were invited by the city,” she said.

When code officers were considering taking Key Marco and Greensward before the Code Board, the Conservancy was consulted as to whether there were in fact violations to both city code and the land agreement between Key Marco, Audubon Society and the Conservancy, which mirrors city code.

Ryan said the Conservancy chose not to take Key Marco to court because it would be a repeat of what the city was working on at the time.

Marco resident Debbie Roddy urged council continue forward against Key Marco. Roddy said Key Marco land owners and managers knew what they were buying when it came to the protected land of Key Marco.

She said it appeared they were destroying the habitat just to “improve their views.”

While not as many vocal supporters were out Monday to defend Key Marco or Greensward, some say the whole case has spun out of control and become over politicized. Among them, is Marco resident Steve Stefanides.

“We’ve lost track of what we’re trying to do here, which is protect the native habitat.”

He supported Recker’s attempts to promote an agreement between the city and its residents in Key Marco.

The city’s latest official action was to file a motion to dismiss Key Marco’s lawsuits against the city. The case could potentially be dismissed as early as January.

Key Marco officials, Eileen Ward of Greensward and their attorney could not be immediately reached for comment on the litigation or settlement potential.

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