Marco Island delays second reading of Bill of Rights sanctuary ordinance

A second reading and further discussion of Marco Island's proposed "Bill of Rights Sanctuary" ordinance is delayed until the city council's Feb. 20 meeting as City Attorney Alan Gabriel continues research.

The council also approved an agreement with a state agency for design of a replacement for the Caxambas Court Bridge.

Marco Island City Council took on the Bill of Rights proposal by Councilman Greg Folley in January and approved it on first reading with the caveat that Folley work with the city manager and Gabriel on wording and details that would help with enforcement.

City Council is following Collier County in its declaration in August as a "Bill of Rights sanctuary." Council members say they want to protect citizens from federal government mandates having to do with such issues as guns and personal information – mandates the city council might deem unconstitutional.

The Bill of Rights is the first 10 amendments of the U.S. Constitution. Among them are freedom of religion, speech, the press, assembly; the right to bear arms; protection against unreasonable search and seizure; and the right to a speedy and public trial.

Marco Island resident Sheelah Yawitz was at the meeting to speak on the ordinance.

"Why do we need it," Yawitz asked. "Collier County already has it."

Folley responded that the county ordinance only covers unincorporated Marco Island, not cities including Marco Island.

Earlier: Marco Island wants to declare itself a Bill of Rights sanctuary city, following Collier

Replacing Caxambas Bridge

In other business, City Council approved an agreement with the Florida Department of Transportation (FDOT) to design a replacement bridge for the Caxambas Court Bridge over Roberts Bay. Marco Island will be responsible for about $6 million of the $10 million project. With FDOT paying the other $3.75 million.

FDOT deemed the bridge "structurally deficient and in need of replacement," said Justin Martin Marco Island Public Works director.

The project is funded by the Local Government Deficient Bridge Program. This program is a 75% federal and 25% local split. Marco Island is responsible for any costs over $5 million.

The agreement on the $1.1 million design commits Marco Island to $265,000, Martin said. FDOT bids and hires the contractors for design and construction, he said. A similar agreement will be presented to the council for construction of the bridge after design is completed.

David Rasmussen, who lives on Caxambas Court next to the bridge, said he didn't think the bridge needed to be replaced, and definitely not in the next two years while houses are planned for a couple of vacant lots.

Rasmussen expressed concerns about the bridge cutting off access to homes on the other side and preventing those who own the empty lots from building because trucks would be too heavy to cross the bridge.

"I think there are some other options," Rasmussen said. "You’re talking about $6 million of taxpayer money."

FDOT reduced the maximum load capacity on the bridge to 28 tons from 38 tons after its last inspection, Martin said.

"We count on them (FDOT) to make the determination," he said. "We’re not going to second guess them."

Martin said if Marco Island were to forgo the funds and the bridge replacement by the FDOT, "we would have to wait 5 years to reapply."

Councilman Joe Rola voted against approval of the agreement, saying he wanted to see FDOT's report on the bridge first. Martin said he would get it and share it with the council.

Councilman Rich Blonna and Chairman Jared Grifoni also voted no. The motion carried 4-3.

Pedestrian cross walk study

City Council agreed to hire Naples-based Trebilcock Consulting Solutions for $103,200 to conduct a pedestrian crosswalk evaluation study.

The study will concentrate on nine locations along Collier Boulevard – eight with existing signals – and one on Winterberry Drive.

Trebilcock will use data it collects over 45 days, along with accident reports over the past five years, to determine whether current signals and crosswalks are adequate or need to be improved, according to the "scope of work" document.

Councilman Rola questioned the need for a consultant and the cost, but did vote with the rest of the council in favor of the contract.

"Accidents involving pedestrians are often fatal," Martin said. "I wouldn’t recommend waiting to have a fatal accident to do a study."

Money for the study was approved by the city council during budget hearings in October.

This article originally appeared on Naples Daily News: Marco Island delays Bill of Rights Sanctuary discussion, 2nd reading