Marco Island, Esplanade close to resolving differences

Feb. 18--Negotiations between Marco Island and the Esplanade may soon come to a final resolution.

On Tuesday, the council approved 4-2 a settlement agreement with changes that would limit the city's exposure to future lawsuits and damage claims. Councilors Joe Batte and Victor Rios voted against the agreement, and councilman Larry Sacher was absent.

Batte wanted the city attorney and the Esplanade's attorney to bring forth an agreement acceptable to both parties before it was voted on.

In a memorandum to the council, city attorney Alan Gabriel explained that he received more proposed revisions to the settlement from the Esplanade on Feb. 8. Most of the changes are inconsequential, he said, but the proposed changes that try to modify the city's sovereign immunity rights are of concern. Under the Florida Statutes, local governments have certain protections against being sued.

Ken Jones, the Esplanade's attorney, proposed in the agreement that the city's liability for claims should be the limit of its insurance coverage.

Gabriel objected, stating that the city's insurance coverage is $2 million with a $100,000 deductible.

The city attorney will make the changes to the agreement as directed by council and return the documents to the Esplanade for approval. The council's vote gave the Esplanade a week from Tuesday to sign the agreement and return the documents to the city or the deal is off.

The city and the Esplanade have been at odds over the city's construction of the Smokehouse Bay Bridge and the resulting property damage to the Esplanade.

If the agreement is approved, the city will pay the Esplanade $24,000 for easement rights; $23,000 for the Esplanade's claim of loss of riparian rights; and $36,915.43 for the Esplanade's attorney's fees and out-of-pocket expenses.

The Esplanade will execute the easements, which will include a 5-foot strip adjacent to the bridge retaining wall running 170 ft. along the Esplanade property line and the area extending the existing Esplanade sidewalk to the bridge walkway.

In other business

n The council unanimously approved on first reading an ordinance that would regulate the use of fertilizers containing nitrogen or phosphorous.

n The council unanimously approved a resolution authorizing the city to buy a replacement audiovisual system for council chambers.

n The council unanimously approved a resolution approving the site development plan amendment that will allow for a 12,636-square-foot community center at Mackle Park.

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