UPDATE/PHOTOS: Habitat damage ‘irreversible, irreparable’ code board rules

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Community Development Director Steve Olmsted is called as a witness by the defense Friday regarding whether he gave verbal permission for the extensive cutting and removal of vegetation in the environmentally protected native habitat parks of Key Marco near the village of Goodland.

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Chief Code Enforcement Officer Eric Wardle cross examines his supervisor, Community Development Director Steve Olmsted, during the code board hearing against Key Marco Association and Greensward of Marco Friday.

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The Indian Mound, among the oldest Indian settlements in North America, located in Key Marco as it looks today. Chief of Code Enforcement Eric Wardle says it now looks like a country club. Eileen Ward of Greensward said it looks closer to the way it should with the removal of non-native plants.

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The Indian Mound in Key Marco as it looked in 2006.

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Aerial of Key Marco.The Key Marco development, which is sandwiched between the heart of the City of Marco Island and the village of Goodland. Key Marco was incorporated into the Marco city limits about seven years ago.

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Nicole Ryan of the Conservancy of Southwest Florida supports the city in their action against Key Marco Community Association and Greensward at Marco's code board hearing May 6, 2009. She was particularly concerned about damage found to the ground cover, mid-story and canopy she saw at Key Marco April 3.

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Key Marco resident Dawn Henderson expresses her concerns of having witnessed extensive vegetation removal over the years on community property. She clarified after the code board hearing Wednesday that she did not voice her concerns to code enforcement because of a personal vendetta, but rather to protect the "natural beauty" that drew her to Key Marco.

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Horticulturist Thomas Hecker lists numerous species of plants and trees which were cut, removed or destroyed as evidenced by remnants of plant materials on Key Marco native habitat parks, which are protected on many levels including the community association, city, Conservancy of Southwest Florida and Florida Department of Environmental Protection.

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Eileen Ward, owner of Greensward of Marco, explains the work she did at Key Marco and why. Ward said she knew from the beginning that getting involved with landscaping at the community was likely to cause problems because Key Marco has been in trouble for code violations in the past, but she felt the land needed work to be preserved as required.

MARCO ISLAND — Code board members said it was a case that never should have come before them. Nonetheless, resolution didn’t come quickly in what became a three-day hearing about egregious violations committed against two protected native habitat parks in the 550-acre area known as Horr’s Island or Key Marco, located on San Marco Road outside the village of Goodland.

“These two violations, in my opinion, should have been resolved. It should not have come in front of the board,” said Chairman Jose Granda in what became the final hearing by the board Friday.

One environmentally protected area of vegetation removal beyond what was permitted by the city was to the Indian Mound, which is among the oldest in North America. The other area is an 8.5-acre native habitat park located near the entrance to the gated community.

City code enforcement officials said the damage caused by Eileen Ward of Greensward and the Key Marco Community Association was “irreversible and irreparable.”

That ruling allowed for fines up to $5,000 for each of the two violations against each defendant in the case.

Attorney Casey Weidenmiller, of Salvatori & Wood law firm, representing Ward and the association, said there was no evidence of who precisely cut which plants. Code board members, environmentalists with the Conservancy of Southwest Florida and city officials disagreed.

“There’s been a preponderance of evidence,” said Sal Sciarrino of the code board.

Fines were lowered from those originally suggested by city staff, who recommended fining Greensward and the association $10,000 each.

The board decided to lower Ward’s fines and fees to a total of $1,000 and the association’s to a total of $5,500. The association is also to work with the city to develop a mitigation plan to repair as much damage as possible.

“Use this as a catalyst for a spirit of cooperation to move forward,” Granda said.

Ward has said she and city officials, including environmental specialist Nancy Richie, had a positive working relationship until Ward began working in the gated Key Marco community.

After Richie was seen taking photographs of work being performed on the native habitat parks in Key Marco, Weidenmiller warned that city officials, including Richie, were not permitted to enter the property or it would be trespass.

“As long as Key Marco is in our city limits these are the people doing the enforcement,” Granda said Friday.

He required the association ensure that Richie and the city’s two code enforcement officers, Liz Carr and Chief of Code Enforcement Eric Wardle, would not be stopped from entering the gated community as needed.

The city, Conservancy, Florida Department of Environmental Protection as well as the community association and Key Marco Community Development District are among the agencies responsible for ensuring the native habitat parks remain largely unchanged from their natural state as a rare upland habitat.

Some members of the board, including Dick Adams, suggested that the association was responsible, not Greensward.

The idea had the board split 3-3 as to whether to find Ward guilty of any violation.

“I think Key Marco hired the expert. She portrayed herself as the person who could do the job,” Granda said.

“Unfortunately she was the only one left out there to defend the case. I do have empathy for her because she was the only one to take responsibility,” he added.

Granda was disappointed that Gerry Tsandoulas, president of the Key Marco Community Association didn’t speak in defense of the association.

While the degree of native vegetation removal or trimming to the ground was considered irreplaceable by the board, several board members believed some reconstruction of the habitat was possible and should be encouraged.

Richie and Nicole Ryan, the governmental relations manager with the Conservancy of Southwest Florida, said they were pleased the board agreed the violations were “irreplaceable and irreparable.”

“That was the main thing,” Richie said.

“It gets to the fact that this is a unique habitat. This was a mature community of plants,” Ryan said.

When asked for a comment about the decisions made by the board Ward responded: “I’m sorry. I’m not allowed to talk to you. That’s what I was told.”

As to why Tsandoulas did not speak in defense of the community he too said : “No comment.”

Wardle said the reason the Conservancy was supporting the city was because it made more sense than pursuing a case of their own.

“Our goal is to stop this from occurring, not to have three or four enforcement actions against them,” Wardle said.

The defense attorney did not disclose whether there are any plans to appeal the case.

“I’ll talk to my clients and do what we think is best,” Weidenmiller said.

“The money spent on an appeal would be much better spent on controlling the exotics and restoring the native plants,” Ryan said.

Despite the challenges of working together in the past, Richie said she foresaw no problem in the parties working together to create the required mitigation plan by June 15.

Wardle said as of Monday evening he has not yet heard anything to indicate whether an appeal would be filed by Key Marco or not.