Settlement fines Key Marco but requires no mitigation to destroyed vegetation, Native American mound

MARCO ISLAND — Hours after closed-door sessions of Marco Island City Council, council members reconvened in an open meeting and brought the island’s longest-ever code enforcement case against Key Marco Community Association to an end.

City Council approved a settlement agreement on Monday night bringing the code case and the subsequent lawsuits filed by the community against the city to a close.

“It’s time we accept this and move on,” said Chairman Frank Recker.

Conservancy of Southwest Florida officials said they were worried a settlement might relax protection of the native habitat parks and ancient Native American burial mound in Key Marco, Code officials found egregious, irreparable violations committed against the vegetation at the sites following the city’s longest-heard, three-day code case in May 2009.

Key Marco, also known as Horr’s Island, is 550 acres along San Marco Road between Goodland and Marco. The Conservancy of Southwest Florida and Ronto, the developer of Key Marco, had agreed upon protecting native habitats in exchange for the right to build there.

The code board ruled for mitigation of the vegetation damage, a $5,500 fine to be paid by Key Marco and $1,000 to be paid by the community association’s landscaper Greensward of Marco.

The agreement no longer requires a fine of Greensward and takes away the requirement for mitigation of the damage by no longer requiring planting of native plants to replace what was removed.

“That’s huge. That mitigation was the heart of this,” said Nicole Ryan of the Conservancy of Southwest Florida.

“The vegetation that was removed contained a really unique combination of different plant species. Unless there is replanting a lot of species of plants and habitat will be lost,” Ryan said.

Monday’s closed session lasted about an hour and 15 minutes with council and attorney Alan Gabriel, of the Weiss-Serota law firm, which represents the city.

All the council members exited the closed meeting room and then Recker, Key Marco president Gerry Tsandoulas and Gabriel reentered the room and closed the door.

The rest of the council members began their regularly scheduled public meeting without Recker.

“Chairman Recker will be with us. He’s tending to personal business right now,” said Vice Chairman Jerry Gibson.

A reporter recording the sessions, which are required by law to be recorded and made public at the conclusion of the litigation, was shut out of the room after the three men entered.

When they exited about 15 minutes later, she reentered to get her equipment.

“I can’t talk about it,” said Councilman Joe Batte of the case.

Tsandoulas had the same response.

About six hours later, council voted on the settlement agreement that was not immediately made available to the public or press upon request.

The city has spent about $60,000 on the cases thus far, Recker reported.

“I think it’s time to extend a hand to the people of Key Marco... We’ll trust that they will do the right thing,” Recker said.

Councilman Bill Trotter, however, agreed with the Conservancy, that a rigorous mitigation plan was needed. He and Councilman Wayne Waldack voted against the agreement, although it passed 5-2.

“Key Marco and Greensward are pleased with the agreement reached with the City of Marco Island," Tsandoulas said in a statement after the meeting.

Despite some uneasiness that Key Marco would not do the right thing by replanting the plant species they removed since they weren’t going to be required to do so, the Conservancy would support the city and Key Marco, Ryan said.

“We’re looking forward to working with them and being involved,” she said.