Marco Island BLOG

Actually Doing Something for the Environment

2009-12-13T17:13:00.007-05:00

Some "environmental" organizations are merely political. Others say a lot, do much arm waving and posturing, but rarely take on a cause. And yet others act seemingly by happenstance.

Regrettably we have seen too many of these outfits when it comes to Marco Island.

It is a welcomed act when the City Council of Marco Island voted unanimously to abate the City's portion of the cistern conversion fee, and penned a letter to the Collier County Health Department asking them to do the same. CLICK HERE FOR THE LETTER.

This effort was spearheaded by Councilor Kiester, for which we are grateful.

As a reminder, it is unquestionable that a cistern-from-septic saves an appreciable amount of water by each house.

Following up on the letter, this week this blog spoke with the County Department of Health and again asked that the county's fee/tax for cistern conversion also be abated.

Here is our follow-up email to the conversation;

dear councilors kiester, recker & forcht,

i had the pleasure today to speak w/ dr. craig who, along with her team at the dept. of health here in collier, was kind enough to explain the details of the locally-imposed cistern fee. if you will recall, that fee is $295, and under your authority you had directed the city manager to send a letter asking that said fee be abated. dr. craig delineated all of the elements of that fee and how, with the exception of a $50 state fee, how these elements in effect cover actual expenses.

i expressed to dr. craig that all parties desirous in conserving water and being genuine stewards of our environment need to have a stake in each and every opportunity to conserve water and to protect the environment irrespective how small it may seem to some. namely, we all need to have 'skin in the game' each and every time we can. we have already proven that cistern use saves an appreciable amount of water per house ergo this is one of those opportunities.

we citizens have a major stake in the cistern-conversion process - in part upwards of $2,200. the city of marco island city council showed their leadership, seriousness and commitment to protecting the environment by unanimously voting to abate the fee for cistern conversion imposed by the city - hence the city has a stake. on behalf of the citizens of marco island, today i simply asked the local department of health to do the same and follow the lead of this city council - and in this case abate their portion of the $295 (which is $245).

dr. craig promised me that she would look into the possibility next week.

i want to again thank dr. craig and her team for their genuine interest, speaking with me, and for considering our request.

thank you.

-------------------------------------------
\ mario sánchez, m.s., ph.d. /
-------------------------------------------

And here is Councilor Kiester's own initiative as a true steward of our precious environment;

Mario,

Thanks for the update on your negotiations with the County Health Department. Also thank you for spear-heading the septic-to-cistern opportunity for hopefully all the citizens of Collier County. As a retired urban & regional planner, I am well-versed on the need to conserve potable water everywhere, but especially in Southwest Florida. We already have had water shortages which has required the water management district to impose restrictions on the watering of lawns the last several years. That is why I am personally pushing for allowing permeable driveways on Marco (similar to Sanibel) which our current code does not allow.

As Marco’s elected representative to the Southwest Florida Regional Planning Council (currently vice-chair), I intend to bring this issue to the attention of my fellow city and county commissioners so that other counties can enjoy the benefits of this opportunity should they wish to follow Collier County’s lead.

Last, but certainly not least, I thank the Collier County Department of Health for considering the reduction of fees so as to encourage the conversion as has the Marco City Council.

Chuck Kiester
Marco Island City Councilor

The City of Marco Island city council actually did something for the environment. We call on the Collier County Department of Health to do the same. Additionally, we call for those local, regional and national private, public and pan-public organizations that claim to be for the environment to petition the Collier County Health Department for the cistern fee/tax to be abated.

In essence, we are asking for those who claim to be for the environment, to put "skin in the game" and actually do something for the environment.

And the citizens can help too - a simple email to the Department of Health will go a long way.

Proof: City of Marco Island Violated Federal Clean Water Act

2009-12-10T14:41:00.002-05:00

This recently declassified document from the EPA proves that the City of Marco Island violated the federal Clean Water Act.

Once the City pumped effluent into the waterways, irrespective if the City believed they obtained a permit after the first drop went into the Gulf, the City violated federal law.

CLICK HERE FOR THE DOCUMENT

If the City had simply ordered the contractor to stop, and left all liability and responsibility with the contractor, then the City arguably would not be liable now - or at the minimum the "staff" present and past. But as we all know, the City protected the contractors, encouraged the dumping, lied to the FDEP (as if that mattered to the FDEP), and pumped and dumped ad nauseum.

So now the consequences will follow. By law the EPA must prosecute, or can (and will) be sued to ensure prosecution.

So Why Wasn't Asbestos Dumping Investigated?

2009-12-05T20:19:00.006-05:00

We learned from police reports (MIPD & FDEP) that the dumping, staging, pulverizing and removal of tons of asbestos was not investigated.

As to the FDEP's non-involvement, we found in the MIPD final report the October 25, 2006 entry by the MIPD Detective Guerrero that the FDEP would not investigate:

"Regarding the current findings on site-C [the few pipe fragments], Harris [FDEP Investigator Dave Harris]stated that DEP would not be conducting an
investigation, but if their assistance was needed they would be available."

Since we can't accept/believe/understand that the state of Florida's institution charge with investigating such contamination simply left it up to an investigator to decide on his own to not investigate, we issued a formal Florida Statute 119 public records request of the FDEP asking who ordered the Investigator Harris to not investigate. Here is their reply:

From: Bevis, Grea
Sent: Wednesday, December 02, 2009 10:41 AM
To:
Cc: Hazleton, Bonnie; Hartman, Tracey
Subject: Response to Question 12/1/09

With regards to your question below, no one directed or “ever suggested” to Agent Harris to not look into or investigate any matters related to Marco Island.

Thank you,
Chief Grea Bevis
DEP-Division of Law Enforcement

Are the citizens to conclude that an investigator for the FDEP simply took it upon himself to not investigate dumping, staging, pulverizing and removal of tons of asbestos - though it is the FDEP's legal mandate to do so?

Grand Jury Impaneled !!!

2009-12-03T07:38:00.003-05:00

The Florida Supreme Court, after considering a second motion, has GRANTED a request by Crist to impanel a grand jury to investigate municipal corruption in several Florida counties.

(click here for the order)

Collier County is one of those counties - naturally. A grand jury to investigate the repulsive shenanigans of the local good ol' boy network is a welcomed initiative supporting the rule of law.

We are now in the process of submitting to the grand jury a request to incorporate into their criminal investigation of Collier County the following events/issues:

The process and eventual rejection of the recall petitions by a Collier County judge
The STRP
The staging, crushing, pulverizing and illegal removal of asbestos - and the lack of prosecution
The dumping of millions of gallons of effluent into the waterways - and the lack of prosecution
The law enforcement agencies involved or not involved in investigating the asbestos and effluent dumping
Voter intimidation
The syndicate

We continue: backwards not even to gain momentum!

Crist Dodges a Big One

2009-11-30T17:47:00.004-05:00

Today the Florida Supreme Court denied the governor's request to impanel a grand jury to investigate municipal corruption in several districts - one being, of course, Collier County.

Can one just imagine if the grand jury was impaneled and wound up investigating Crist himself and the FDEP's involvement with the STRP, the local syndicate, asbestos crushing/burying and effluent dumping into the Gulf ?

As is said in the professional poker tour, better lucky than good.

CLICK HERE FOR THE SUPREME COURT ORDER

Bookies in Vegas are giving odds: 1,000 to 1 the petition is NOT re-filed.

Investigatory Olcharchy

2009-11-24T22:05:00.003-05:00

Sometime around April 2007 the citizens of Marco Island contacted the US Attorney, the FBI and the Collier County Sheriff's office requesting an investigation into the dumping, staging, crushing and pulverizing of tons of asbestos on Marco Island. Along with the request, photographs, videos and witness statements were submitted.

Once the citizens' request was made public, the then City management under Moss/Reinke fell all over themselves claiming cooperation. The City propagandist went to work with the public. Councilor Tucker claimed that there was photographic evidence showing that it wasn't Quality Enterprise or any contractor, but three geriatric septuagenarians that dumped, staged, crushed and pulverized tons of asbestos. The syndicate went to work denigrating, besmirching, ridiculing, berating and slandering everyone who even raised a word of concern. And more importantly, the City would conduct its own investigation.

As per Moss:

"Whether [sic] there is criminal conduct is a matter of an ongoing investigation by the Marco Island Police Department."

Like lemmings fitting into shinny metal boxes, we all fell into the belief that law enforcement would do the right thing.

Did it?

As we know by now, the City of Marco Island conducted an investigation. The results were – as published – "inconclusive".

The problem is that the investigation was not into who or what dumped, staged, crushed and pulverized tons of asbestos on Marco Island – as we all thought – but the investigation was to determine if three specific individuals – Ed Forster, Butch Neylon and Ray Beaufort – placed asbestos fragments on what is now Veterans Park. Since these three mature/seasoned citizens could not have possibly done anything that the syndicate City's statists were attributing to them, they were rightly absolved.

But why didn't other law enforcement look into the matter? Or better yet, why didn't any law enforcement look into the obvious – who or what dumped, staged, crushed and pulverized tons of asbestos on Marco Island?

Let's run down the usual suspects.

Moss/Reinke were called into a meeting by the FBI in Naples. They told the incredibly gullible (at best case) FBI agent Matt Chester that the complaints were coming from "a bunch of disgruntled old people with a lot of time on their hands". Agent Chester responded with, "That sounds good to me!" and that was that.

Aghast at the FBI's response, the Assistant United States Attorney Douglas Molloy was contact. He too was taken aback and suggested that the FBI's supervising agent Jerry Garcia be contacted. Several calls and letters to Agent Garcia were ignored.

The Collier County Sherriff's Office quickly withdrew. A Detective White was involved, but eventually a letter was issued stating that the Sherriff's office would get involved if asked … by the MIPD.

In just obtained documents from the MIPD and our favorite non-law enforcement agency the FDEP, we are now treated to an insight of what really happened.

In the MIPD report on this case, we confirm that the dumped, staged, crushed and pulverized tons of asbestos on Marco Island was not investigated per se, but that the "placed" fragments were the focus of the investigation.

And in this very same report, we read the October 25, 2006 entry by the MIPD Detective Guerrero that the FDEP would not investigate:

"Regarding the current findings on site-C [the few pipe fragments], Harris [FDEP Investigator Dave Harris]stated that DEP would not be conducting an investigation, but if their assistance was needed they would be available."

But yet, in a report just obtained by the FDEP, we find this entry by the very same Dave Harris on the very same day of October 25, 2006:

"Detective Guerro [sic] has requested D.E.P. Law Enforcement's assistance with technical information. The case will be coordinated with Marco Island P.D. for further investigation."

And in a curiously undated "Case Summary", FDEP Investigator Harris writes:

"On February 1, 2007, I called Detective Guerro [sic] to see if she needed any assistance from DEP/Law Enforcement and she stated she did not."

Interesting how the MIPD did not need assistance from the State agency charged with investigating environmental crimes despite that on that very date they were still investigating the asbestos case.

So the MIPD states that the FDEP will not be conducting an investigation (FDEP will NOT be conducting an investigation), the FDEP states that MIPD requested assistance and that the case will be coordinated for further investigation (FDEP IS conducting an investigation), and the FDEP states that the MIPD did not need assistance from the FDEP (FDEP is NOT involved).

Here's the kicker: when we did a public records request of the FDEP we simply asked "who instructed Investigator Harris to NOT conduct an investigation as to any issue on Marco Island?" The FDEP provided the report, and with the report came this admission: "The Division of Law Enforcement has no documents specific to your request."¹Hence, per the FDEP there are no documented instructions to the FDEP Investigator Harris to NOT conduct an investigation.

Since the FDEP report is devoid of naming any FDEP supervisors, and the FDEP is contradictory (stating both that the MIPD did request assistance and did not need assistance) the only person mentioned not wanting FDEP investigation/assistance is the honorable Detective Guerrero (not Guerro as repeatedly mistyped in the FDEP report).

Somebody give this poor woman a raise since she seems to be directing the $1.5 billion FDEP annual budget.

Confused yet? How about this gem from the Collier County Sherriff:

So the FDEP was investigating the asbestos dumping. But wait, didn't Detective Guerrero report that FDEP Investigator Dave Harris stated that the FDEP was not investigating the asbestos dumping?

And a nice touch about former Chief Reinke, n'est pa? So the guy that was presumably ultimately responsible for the MIPD investigation into the asbestos dumping is potentially being investigated by the Florida Department of Law Enforcement. Perfect.

Is there any wonder, other than FDEP's Jon Inglehart's admission to "letting this one get away" why no Florida law enforcement agency actually, seriously, or even euphemistically looked into who dumped, staged, crushed and pulverized tons of asbestos on Marco Island? Sans the details, which will now invariably appear like one of those moles in the Wack-A-Mole arcade game, don't all of these ersatz investigations seem to be weird?

And if cogent Marco Island citizens think this series of unfortunate events is ripe for some obscure fact to suddenly reveal itself, wait until they read the EPA documents on this whole sordid affair.

And speaking of a sordid affair, can anyone figure out why there is no mention whatsoever of Councilor Tucker being questioned by the MIPD during the investigation? After all, he claimed publicly that he had pictures of "those people" planting the asbestos. Wouldn't law enforcement want to ask a person who has photographic evidence of a crime under investigation … for the photographs? But yet, there is no mention of Councilor Tucker in the MIPD police report. (For the record, it was not until much later that the Councilor admitted to lying about the pictures.)

Perhaps we will never know who directed the FDEP to not investigate and to look the other way when those charged with not letting things get away let this one get away.

And just in case one forgot who purportedly cleaned up on the third go around of the dumped, staged, crushed and pulverized tons of asbestos on Marco Island that no law enforcement agency would prosecute and that the syndicate has been so far successful in burying (pun intended) – here is a picture to remind you …

References:
Marco Island Police Department Final Report

Florida Department of Environmental Protection – Inspector Dave Harris Asbestos Report

http://www.marconews.com/news/2009/nov/22/marco-building-inspectors-not-licensed-do-their-jo/

¹. November 16, 2009 email from Michelle Rinkel, Crime Intelligence Analyst, Bureau of Operational Support and Planning, Division of Law Enforcement.

Notes:
Much appreciation to the MIPD for their professional and prompt attention to the request for the report, and for the follow-up conversations. And a thanks to the Office of the Ombudsman & Public Services of the FDEP.

Realism in Latest Education News

2009-11-15T12:51:00.002-05:00

This week the Florida Department of Education treated parents in Collier County with a report denoting that the Collier County Learning Education Agency (a euphemism for the Collier County School Board) did not meet basic grade-level proficiency in reading and in arithmetic for four consecutive years. (click here for the letter)

The "proficiency level" is 65% for reading and 68% for arithmetic; meaning that based on some standardized test, in order for students to be considered "proficient", 65% of students have to read at their grade level, and 68% of students have to do arithmetic at their grade level. Collier County scored 61% and 66% respectively.

Let us put this in perspective.

First of all, shouldn't the goal should be that all students, 100% of them, be able to read and do arithmetic at their grade level? Apparently not in Florida.

Secondly, for the district to meet this "proficiency level", and therefore be able to pat itself on the back, it is acceptable for 35% of the students to not be able to read at their grade level, and it is acceptable for 32% of the students to not be able to do arithmetic at their grade level. Basically, if the district fails 1/3 of our students, they are doing a good job.

Thirdly, the metric by which this "proficiency" is measured, is none other than the FCAT. You know, that test that nearly all state university professors abhor as well as the majority of K-12 teachers, albeit the latter doing so privately.

And lastly in this disconcerting list of perspectives, consider the fact that failing 1/3 of students based on a questionable assessment is being meted out by a state that consistently ranks last amongst states in a country that ranks 18^th out of 34 in primary education (K-12) of industrialized countries.

There is a mess beyond the pitifully low expectations resulting from Florida being governed as if in a perennial popularity contest.

In a 2009 study conducted by Education Week, Florida ranked 43^rd out of the 50 states in graduation rates, reaching an abysmally low 60.8%. That's almost 40% of high school students who are not graduating in a state that only expects 2/3 of the students to read and do arithmetic at their grade level. Imagine if every student in Florida had to read and do arithmetic at their grade level in order to move on to the next grade: the graduation level would be even worse.

The 2008 American Legislative Exchange Council Report Card on American Education has Florida 48^th in the nation in average composite scores on the ACT, a standard college entrance exam.

Even apparatchiks within the state of Florida's good 'ol boys network have recently sent warning signals. Just last month the Florida Chamber of Commerce issued a stern warning to the Florida educational ochlocracy: unemployment will get much worse if Florida education doesn't start focusing on science, technology and mathematics because tourism and real-estate flipping will no longer support us.

Contrast these independent reports and the seemingly endless list of objective studies decrying the State of Florida's education with the propaganda put forth by the state for consumption by the feel-good status quo. It is as if we are living in The Matrix.

For realists, the issue is and has always been to look beyond the propaganda and focus on what to do about this perennial sad state of affairs. Oddly, the solution has always been the simplest to put forth but yet the hardest to implement.

First, every citizen of Florida must realize that they have a stake in education. Our way of life as a representative republic depends on it. Need proof? Are you frustrated that so many people buy into the man-made global warming hoax, or that they think "flex-fuel" vehicles are good for the environment, or that the majority voted to rob the treasury? What does one expect when over 15% of Florida high school graduates upon entering college don't understand how to compute an average?

Secondly, can we stop setting mediocre standards? How can we expect our children to excel if we find it acceptable that 1/3 of all student can't read or do arithmetic at their grade level? For those of us that have actually taught in a classroom, we know quite well that the higher the expectations, the better the outcome. And for those of us that have actually taught in a classroom, we know quite well that the higher the expectations, the more flak we get from the administrative bureaucracy. Low expectation initiatives such as the No Child Left Behind contrivance now practically guarantee that in Florida we leave 1/3 to 40% of our students behind. What else is expected if the expectation is exactly just that?

Thirdly, more money is not the answer – the public education system is a bloated bureaucracy that wastes entirely too much time and money on programs that have nothing to do with the core curriculum, on initiatives that are aesthetically pleasing but intellectually vacuous, and at superficial machinations so as to thwart complaints from the rogue crank. The money is there – make it available to those that actually do the teaching, for the resources directly related to teaching and cut out the middlemen (or in the case of the educational Borg, the middlemillionmen.) This idea is not new – look at the success of the medical facilities that have doctors doubling as administrators.

Next, stop the blame game and take responsibility. The reason for a poorly performing educational system is not the unions or the minuscule few inept teachers or some bogeyman. Parents must become actively involved in the K-12 educational process by continually demanding the best from the best so that the education being provided is the best.

Lastly, if a rating must be provided, can it be one that is honest? Can it be one that is objective and not self-serving; namely not one generated by the state of Florida so it can rate itself? The complacency afforded by the self-serving rating systems must be put aside so that we all can take an objected stock of the K-12 situation. While everyone loves to hear about an A+++ rated this or that, or about a student that went on to a prestigious school or became a world-class athlete, we must realize that in Florida many are not so fortunate. (Besides, as Albert Einstein was apt to note, geniuses are not made and are lucky to survive school).

Can one imagine what would happen if there was a similar self-serving rating scheme by and for financial institutions … but wait, there was one … and it gave us the financial meltdown that gave us an economic debacle not seen since the Great Depression.

Let's stem the fast tide towards the educational debacle that is all too near.

Police for Code Enforcement

2009-11-12T13:33:00.003-05:00

Since the MIPD already issues citations for obstructing sidewalks and are called out for rental party houses, why not add disturbing the peace with noise pollution (see emails below)? And if so, why not transfer the code enforcement budget over to the police department? At the risk of appearing cynical, if a contractor knows that a guy with a gun is going to show up to inspect the new plumbing, you can rest assured that the plumbing will be completely code compliant. After all, somebody has to enforce the rules and regulations and laws ...

Attached are 2 emails regarding persistent
A/C noise in my side yard and pool deck. There was noise deadening material
applied to the inside of a stockade type fence surrounding the subject air
conditioner which eliminated the noise violation levels and this was the
condition when the new owners bought the property.

Some time after, they removed the foam which increased the noise above the
allowable levels and Eric had the foam put back. To improve privacy, they
installed a 6 foot plastic fence along the property line. A few months later
they again removed the noise deadening foam which increased the noise levels
beyond code coming over the fence in my side yard and our pool deck. Eric
has now refused to recognise the excessive noise which is at the same levels
he mitigated in the past.

Keeping in mind that their stockade enclosure can easily be increased in
length and width if circulation was an issue and that "ear level" for some
is above 6 feet and my pool deck is 1-2 feet above grade which certainly
puts the noise at my ear level, I believe the City has taken an unreasonable
position. When the issue was first considered by the City, Eric said the
noise code extended to the sky above the property line.

Code Compliance needs a complete overhaul (Olmstead, Wardle and the
boss,Thompson) in this city perhaps putting it in the hands of the police
where whims and personalities are less likely to influence decisions.
-0-0-0-0-0-0-0-0-0-0-0-0-

From: "Sam Shniper" 
To: "Eric Wardle" 
Cc: "Pam" ,
 "Steve Thompson" ,
 "Steve Olmsted" ,
 "Marco City Council" 
Subject: Code Enforcement
Date: Sun, 8 Nov 2009 09:26:30 -0500

Eric,

The air conditioner noise, that both you and I measured at 1051 Bond, which
comes right over their fence, is 61dB at 6 foot 2 inches above ground level
at my property line. This is TWICE the allowable limit.

You have tried to enforce this code requirement three times and despite
achieving initial compliance each time, when you went away the noise
returned. Your efforts have failed due to the neighbor's resistance to
insulating and/or upgrading their equipment permanently. Since they bought
this property when it was in compliance, giving up is not the answer and is
not fair to the victims. This neighbor obviously has an issue with code
compliance which should be taken up by the Code Enforcement Board.

If the Chief of Code Compliance won't continue to enforce the City Code, we
will hire a lawyer to have action taken and will ask the City to encourage
their Code Compliance Chief to fulfill his code enforcement responsibilities
and not waste our money and the City's on lawyers.

Sam
-0-0-0-0-0-
From: "Eric Wardle" 
To: "Sam Shniper" 
Cc: "Pam" ,
 "Steve Olmsted" ,
 "Steve Thompson" 
Subject: RE: Report on your measurements yesterday
Date: Tue, 10 Nov 2009 09:49:52 -0500

Mr. Shniper,

I have copied a couple sections of the City Code below. 

Sec. 18-102.  Intent and purpose.

It is the intent and purpose of this article to regulate uses and
activities in the city in such a manner as to prevent excessive noises,
which degrade the quality of life, disturb the public peace, and
jeopardize the health, safety and welfare of the citizens of the city.
It is further the intent of this article to recognize that factors such
as the time of day, location (e.g. proximity to residences), necessity
of public projects for the public good, and necessity of sounds
incidental to allowed uses and activities must be considered in
balancing the protection of public peace and individual freedoms.

(9)   Fans and air conditioners.  Operating any noise creating fan or
blower, air conditioner, compressor unit, pool heaters, pool pumps, heat
pumps, or the electric motor or any engine used to drive such device,
the operation of which causes excessive and unnecessary noise, unless
such noise is muffled and deadened by adequate noise compression and
muffling devices to minimize annoyance and disturbance to persons within
range of hearing.

As you can see this is not a black and white issue.  Your neighbor has
taken reasonable measures to buffer the sound of the AC, keeping in mind
the need to allow air circulation for protection of the pool pump and AC
compressor. In the previous incidents you refer to I never took a
measurement at the height of 7 feet.  I took readings at ear lever on
the property line and the adjacent property owner installed buffering
devices to reduce the sound to an acceptable level.  That has not
changed; taking a measurement at the same location there is no
violation, this case is closed.

Eric Wardle
Chief of Code Compliance
City of Marco Island
239-389-5060

-----Original Message-----
From: Sam Shniper [mailto:SamS10@comcast.net]
Sent: Tuesday, November 10, 2009 8:16 AM
To: Eric Wardle
Cc: Pam; Steve Olmsted; Steve Thompson
Subject: RE: Report on your measurements yesterday

Mr Wardle,

Since we agree that the measured noise coming over the fence is again in excess of the City Code, similar to the excess noise which you have mitigated numerous times at this location in the past, what enforcement action have you taken this time to re-achieve compliance?

Sam Shniper
1061 Bond Ct.
-----Original Message-----

From: Eric Wardle [mailto:EWardle@cityofmarcoisland.com]
Sent: Monday, November 09, 2009 4:43 PM
To: Sam Shniper
Cc: Pam; Steve Olmsted; Steve Thompson
Subject: RE: Report on your measurements yesterday

Mr. Shniper,

The measurement I took during my inspection on November 5, 2009, was directly above the six foot fence located on the property at 1051 Bond Ct.  Subsequently, I reviewed the building permit issued by the City for the installation of the fence and have discovered the fence was not installed on the property line.  The fence was actually installed approximately 6 inches away from the property line.  Therefore the reading obtained on the November 5, inspection was not actually at the property line.  I can only acknowledge that the measurement at the property line was in excess of 55db when measured at a height of approximately 7 feet.  The reading measured at a height of 6 feet at the property line was below 55db.

Eric Wardle
Chief of Code Compliance
City of Marco Island
239-389-5060
Eric

Council Supports Environmental Initiative

2009-11-10T08:15:00.001-05:00

The City Council yesterday unanimously approved a motion to negate the City imposed inspection fees for septic-to-cistern conversion. Additionally, the City Council agreed to send a letter asking Collier County to abate the county's unilaterally imposed fee for the conversion.

This action by the City Council may seem small to some – it has not even been covered by the local media – but in reality it is a major step in demonstrating an environmental consciousness that all of us must have. Through this important initiative, the City can start to reclaim the high ground of being stewards of this fragile area.

Now it's up to the homeowners. There is a novel cistern design that requires no electrical and no plumbing. The City inspection fee has been waived upon successful installation. The City supports the idea. There is a contractor on the island willing and able. The cost is tenable. Each home is estimated to save thousands of gallons a year in water, and will stall some water runoff.

So to the homeowners still needing to decommission their septic tanks: do you just enjoy the environment or are you willing to also protect it?

We would like to thank Councilor Kiester for spearheading this initiative, the entire council for voting unanimously, and for the engineering staff under Mr. Joel for their invaluable advice and input.

Proof: Marco Island Violated Federal Law

2009-11-06T10:36:00.005-05:00

In a just declassified email from the Unites States Environmental Protection Agency pursuant to this blog's initiatives, two EPA criminal investigators state that the City of Marco Island violated the federal Clean Water Act.

In the very same document, the two investigators repudiate the City's ruse that the dumping of millions of gallons of toxic effluent into the waterways and into the Gulf of Mexico was done with a permit and therefore legal.

Background
Readers of this blog will recall that the City of Marco Island and its handlers in the syndicate had put forth the story that the City had a permit to dump toxic effluent into the waterways. Naturally, the majority of the City Council bought the story, as did the media and the "majority" of residents.

Those of us that could actually think knew something was amiss so we pursued the matter. We knew that something was not right given that serious law enforcement (read: NOT the FDEP) became engaged early on, and that there was no way a serious agency (read: NOT the FDEP) could permit toxic effluent to be dumped untreated into protected waterways.

Detail
It is unclear when exactly this occurred, but the City of Marco Island obtained a "permit" from the South Florida Water Management District (SFWMD). When it became clear that the dumping millions of gallons of toxic effluent into the waterways was a problem, the City claimed that the "permit" from the SFWMD was sufficient legal authority to pollute the Gulf of Mexico.

Serious law enforcement got involved and then some back and forth started. The City attorneys got involved and argued that the SFWMD permit was everything the City needed.

The problem for the City came with the final word from the EPA: the SFWMD permit is insufficient as it is irrelevant, and the City of Marco Island was informed that it was violating the federal Clean Water Act. The EPA then started the criminal proceeding – (more details on these ongoing proceedings in future articles.)

(As it turns out, even the EPA investigators highlighted the fact that the SFWMD permit was merely for storm-water runoff and seemed amazed that the City would think anyone could believe such a bletcherous subterfuge.)

So what did the City of Marco Island and its attorneys do? Nothing – they left intact the deception that the City had a permit.

However, the cognizant citizen may have noticed that the City no longer dumps untreated toxic effluent into the waterways from their dewatering efforts – as they did at the beginning of the STRP.

Conclusion
The recently declassified document summarizes the above. Despite being heavily redacted, it is clear: the City of Marco Island and its attorneys knew they were violating the Clean Water Act, and were so informed.

Now we know two things: we now know why there are criminal proceedings at the EPA level. And now we know who the EPA is trying to protect (recall: "not embarrass") by refusing to declassify all of their documents [this battle continues by the way].

And Now What?
We are expanding our quest: will the EPA seek administrative and/or judicial penalties, and if so from whom? Or when will the EPA submit the violation of the Clean Water Act for prosecution, and who exactly will be prosecuted?

We continue the battle as to obtaining all documents. Round and round we go.

FDEP Inspector General Engaged on Marco Abestos Dumping

2009-11-01T17:41:00.002-05:00

The Inspector General of the Florida Department of Environmental Protection has been engaged to investigate the asbestos dumping on Marco Island and elsewhere.

Click here for the October 27, 2009 letter.

We trust that this time the investigation will go forward with honesty and integrity - as with the other two looking into the same matter.

EPA Produces Some Documents of Interest

2009-10-29T20:04:00.004-04:00

Pursuant to the Freedom of Information Act request by this blog, the United States Environmental Agency just produced approximately 300 pages of heretofore released documents.

The overwhelming majority of the documents are utterly useless, e.g., newspaper clippings, and the recounting City's staff derogatory comments to the EPA regarding the citizens that were complaining.

But there are a very few documents that some may find to be informative.

These informative documents, though redacted, could shed some light as to what the EPA's criminal investigation unit was considering.

227 - Notice EPA's handwritten note on the margin CLICK HERE
232 - EPA confirms City discharge into Gulf illegal CLICK HERE
251 - EPA orders that discharging must cease even after City PWD states permits issued CLICK HERE
306 - EPA "TROUBLED" about $10000 City paid lobbyist CLICK HERE
308 - EPA agent reports water plant records falsified CLICK HERE
309 - EPA reports City/FDEP backdate permits CLICK HERE
310 - EPA notes association between hydrogen sulfide discharge and lung illness CLICK HERE
318 - Marco Island violates the Federal Clean Water Act - permits or no permits, backdated or not, City violated federal law by discharging effluent dewatering into the Gulf CLICK HERE

These documents were redacted by the EPA and are produced herein as they were produced to us.

Under no circumstances does any party suggest that the EPA has complied with the now 1½ year old FOIA request. In fact, the EPA continues to refuse the release of their truly internal documents.

Hence the struggle continues.

Note: in the near future as bandwidth permits, all documents will be posted.

Polluting Secret - Proven True

2009-10-18T15:36:00.004-04:00

As was correctly predicted by candidate Butch Neylon in November of 2007, the City has, and continues to contaminate the ground via leaking sewer pipes.

This fact was furthered validated by this week's report by the City. Proving once again that the present sewage system is contaminating the ground water far more than all of the septic tanks combined.

For those of you that missed Mr. Neylon's presentation or simply want to understand the why, here is the presentation with permission. (And for those of you in the syndicate, here is another opportunity to spew your vile, attack the person and make threats).

CLICK HERE FOR PRESENTATION

Despite this solid analysis, the "majority" chose to let the contamination continue.

Also, click here for an addendum just provided.

Enjoy.

Be Afraid ... Or Just Laugh

2009-10-15T09:33:00.003-04:00

This from today's wire services:

Crist Calls for Grand Jury to Look Into Public Corruption

News Service of Florida - Oct 14th, 2009

Sparked by recent high-profile South Florida cases he said may be part of a “culture of corruption,” Gov. Charlie Crist called Wednesday for impaneling a statewide grand jury to investigate suspected criminal activity by public officials.

If this were to be a genuine transparent effort to investigate all aspects of municipal corruption, then the local syndicate should start thinking about moving back to Michigan.

However, when one considers that a former councilperson's partner was appointed to a statewide commission by Crist - and Crist's name was used repeatedly as having stated "Marco Island will get a sewer system whether they like it or not" - and Crist's FDEP is complicit in the environmental crimes on the island that no one (to date) has been prosecuted - does anyone really think that this grand jury will investigate Crist?

Just laugh.

CCC: Cistern, City, County

2009-10-13T12:33:00.001-04:00

Open Email to Councilors Kiester and Recker:

hello councilors,

i have not been successful in working with the county or the county version of the dept. of health as i promised mr. kiester on thursday. long story.

regardless, i ask that the council abate city's $150 "cistern permit" fee, and somehow either work with the county so the county can either abate their $250 or $295 tax or the have the city reimburse the county tax to those residents that undergo a septic-cistern conversion.

please keep in mind that the city poisoned the well (no pun intended) when it came out with an absurdly specious cost to convert septic-to-cistern of $5,500 (its less than $500 in the florida keys), and the "number" was repeated ad nauseam without vetting. despite the transparent motivation, the statement and the surrounding turbulence guaranteed that we would not get the grant since many actually believed the "number" and thereby did not sign up for the grant - hence costing each of us the $750 grant rebate.

in summary, if the city council agrees to abate/refund the taxes, there is a trade off of $445 ($150 + $295) versus $750: still a net loss to the citizens.

the city and the county not taxing $445 to a "handful" of residents (per the staff's own words) is not going to break or make either the city or the county - but

it will undo a wrong,
promote conservation (as i proved to the staff, there is a per home savings of more like 900 gallons of water every 2-3 days),
note that this is a conservation savings, and not necessarily a monetary savings
prove that the city is genuinely environment-friendly,
spur other cost-saving/environmentally sound ideas and initiatives,
impel the local economy (contractors needed to do the conversions),
further foster citizen-staff engineering initiatives.

communities throughout florida, especially the florida keys that is also highly sensitive to enviro-tourism/eco-tourism (and also under the auspices of the same state department of health) are aggressively encouraging these initiatives. i pray that the city council of marco island quickly do the same.

thank you,

Inexpensive Cistern Model Validated

2009-10-10T12:47:00.002-04:00

With the support from Councilors Kiester and Recker, Mr. Joel and his staff met with this author, two interested citizens and two licensed contractors on Thursday October 8, 2009 to evaluate a novel idea for using septic tanks as cisterns.

Mr. Joel and his staff were professional, interested, positive and afforded many excellent suggestions and improvements to the model. After meeting for over an hour, they found the model to be a good idea with the details needing to be worked out. Subsequent to the meeting they provided many particular mechanical details that have proven immensely useful to go from model to working system.

This is the conceptual model presented, updated with suggestions from the City engineering staff: (click to enlarge) (note: this is NOT a mechanical model)

Two particulars as to valves (thanks to the City engineers) are:

Valve1 and Valve2

The two contractors are working to effectuate the model with the assistance of the City engineers and inspectors.

This approach and the wonderful cooperation and enthusiasm by all advances a genuine desire by the City and its citizens to actually put into practice the "green" movement, as opposed to simply talking about being "green".

Estimate
An estimate by this author to convert from septic to cistern using the above noted model is $1,000 PLUS governmental fees (see below in To Do).

Opinion
The salient issue for many of us is simply one of conservation in conjunction with maintaining our private property rights. Not having to buy approximately 900 gallons of water every two or three days, and preventing approximately 900 gallons of water every two or three days as runoff into the waterways or into the swales or into the sewer system – PER HOUSE – more than suffices the former. Not having to destroy private property (the septic tank) by governmental fiat sans compensation satisfies the latter. A palatable compromise it seems.

To Do
The City was not awarded the grant for cistern conversion due to the low number of residents that signed up for the grant. This is understandable given the $5,500 price tag proposed by the City and subsequently unquestioned by its devotees. An error by both the City and the citizens that accept everything at face value, and hopefully a lesson that is now past us.

But perhaps the City Council can make amends.

A special plea to the Marco Island City Council:

Please revisit the idea of charging $150 for a cistern permit: eliminate it!
Please request/insist that Collier County abate their $250 tax (cloaked as inspection fees)!

How can we be conservationists, be "green", protect our environment, if we are taxed to do so?

Does the City Council want the only factor in the island's economy to recover? If so, then help it recover by having the City purposefully act as an active and genuine promoter of environmental conservation that can be marketed.

Summary
The cistern model proposed herein is viable and inexpensive. The City likes it. Contractors need to flesh out the details and present the final mechanical plans to the City for approval. The City technical staff is professional, highly competent and very willing to help. The City Council needs to step up to the plate and lead by eliminating taxes that stifle conservation, environmentalism, their citizens and their economy.

Purpose for the FOIA Request to the EPA

2009-10-08T08:29:00.009-04:00

The purpose of issuing a Freedom of Information Act (FOIA) request is to obtain information. Nothing more, nothing less.

Citizens have a right to know what information their government has, and why it does or does not do certain things. The FOIA was established for this expressed purpose.

Newspapers (real ones), citizens groups and even individuals routinely issue FOIA requests to all branches of government. The rules by which the information is supposed to be released are well documented in the federal statutes.

Extra emphasis on the citizens right to know via the FOIA mechanism was recently demonstrated by Attorney General Eric Holder's March 19, 2009 memorandum to the head of all federal agencies (which includes the EPA). In that directive, Attorney General Holder made it quite clear that federal agencies are to err on the side of openness and the citizens right to know when responding to FOIA requests.

The EPA was asked now fourteen months ago to produce whatever information they had regarding the well documented occurrences of toxic substances being used, dumped or otherwise introduced into the Marco Island environment. The EPA refused.

The EPA's refusal was appealed. The appellate decision was handed down just last month (see blog posting below). Any objective person reading that decision will learn that:

The EPA did find there was contamination of Marco Island
The EPA criminal division did investigate the contamination of Marco Island
The EPA did find the parties responsible for the contamination of Marco Island

Unfortunately, the decision handed down denied for the most part our request for the information. The curious reason cited is that by releasing the information, those responsible for the contamination will be embarrassed. Therefore proving our point: contamination occurred and the EPA knows who is responsible.

We ague that the citizens right to know the extent of the contamination and the extent of the remediation of that contamination (if any) far outweighs the "embarrassment" of those responsible.

We will see if our argument prevails.

Those who disagree with the right of the citizens seeking information from their government don't understand their form of government. Those besmirching the citizens exercising their FOIA rights have something to hide.

One would think that the City and its apologists would rejoice at this Don Quixotesque endeavour. For if the City and its apologists are certain that nothing bad occurred, that there was no contamination, that the City's "investigation" was genuine, then why get upset over a FOIA request? It will reveal nothing, right?

Or, are the predictable exposures by the "paper" of those its manipulators don't like, threats, hoary racial tropes, denigration, false denials and intimidation being made because there is something that is best kept buried?

We'll see.

EPA Fines for Sulfuric Acid Discharge

2009-10-05T16:45:00.003-04:00

No, don't get your hopes up - not the polluters on Marco Island that discharged millions of gallons of effluent laced with hydrogen sulfide and sulfuric acid into the waterways. We'd only be so lucky.

Interestingly, today October 5, 2009 the EPA announced the fines against a company (in Florida, of course) for doing the exact same thing the City and their contractors did on Marco Island.

FOR IMMEDIATE RELEASE
October 5, 2009

Sulfuric Acid Manufacturer Agrees to Spend $30 Million to Resolve Clean Air Violations

WASHINGTON – Mosaic Fertilizer will spend approximately $30 million on air pollution controls that are expected to eliminate harmful emissions from sulfuric acid production plants in Uncle Sam, La., and Mulberry, Fla., the Justice Department and U.S. Environmental Protection Agency announced. The company will also pay a civil penalty of $2.4 million to resolve alleged Clean Air Act violations.

Mosaic produces sulfuric acid and combines it with phosphate rock to produce phosphoric acid, which in turn is combined with ammonia to produce fertilizer. Sulfuric acid production results in emissions of sulfur dioxide.

High levels of sulfur dioxide cause respiratory problems and contribute to childhood asthma. Sulfur dioxide also contributes to acid rain, haze, and impairs visibility in national parks. Emissions from sulfuric acid plants can be carried significant distances downwind, causing air quality problems in nearby states.

So as to Marco Island, we were entreated the hydrogen sulfide gas covering entire neighborhoods.

If you still don't believe that there is no correlation with the City dumping millions of gallons of sulfuric acid effluent into the waterways and the release of the toxic hydrogen sulfide gas, read the EPA's own chemistry on this subject:

... Once released from the wastewater as hydrogen sulfide gas, odor and corrosion problems begin. Another type of bacteria utilizes hydrogen sulfide gas to produce sulfuric acid that causes the destruction of wastewater piping and facilities.

(click here for entire EPA chemistry report)

Question: so how is it that the City and its contractors (so far) have gotten away with no prosecution where others are being prosecuted for doing the exact same thing?

EPA’s Criminal Investigation – Done?

2009-10-02T14:30:00.002-04:00

As we see from the most recent EPA communiqué, there was a criminal investigation of the City of Marco Island. This fact is not new to those of us that don't rely on the local race tip sheets for being informed as to what occurs in our community. The status of that investigation is closed. Again, nothing new to some of us.

What is new is the implication that the criminal investigation can be re-opened if there is additional information. And therein is the catch.

The few conscientious citizens on Marco Island have turned over everything we have; pictures, videos, first-hand accounts, city documents, etc. But what we don't know is what has been provided to the EPA by the perpetrators, accomplices and co-conspirators in these environmental crimes.

Hence, while the letter alludes to this blog's appeal being granted in part, the expectation that the EPA will actually uphold the country's environmental laws as they were violated on Marco Island by the city governance and its contractors with "additional information" is remote.

You would think that the public's right to know how their health and that of their environment has been affected by the well-documented exposure to several highly toxic contaminants would easily trump whatever pretext the EPA can come up with for refusing to release antyhing – especially since the criminal case is "closed".

You would think that if your government was 'For the People'.

The war continues.

(click on the image to enlarge)

EPA Coverup

2009-09-18T21:08:00.003-04:00

Thirteen long months ago this blog filed a Freedom of Information Act (FOIA) request with the United States Environmental Protection Agency (EPA) seeking all information on the environmental contamination of Marco Island by the city governance, its "staff", its contractors and its denizens in the syndicate.

Despite the intimidation, procrastination and shenanigans by the EPA to purposefully obfuscate the FOIA request, nearly five months later the EPA "produced" redacted emails from some residents, a few black pages and some newspaper clippings. This sham production was a thinly veiled effort to shut up this blog and bury the reprehensible means by which the city governance, its "staff", its contractors and their denizens in the syndicate were complicit in the environmental crimes.

So naturally we appealed the ersatz production.

But as if something out of a Kafka story, one appeals a FOIA request to the same agency that failed to comply with the FOIA request. Therefore our expectation at being successful was the same as our expectation that the city councilors and city staff that allowed the contamination to take place will ever serve prison time. But still, one could hope, akin to the hope of one day winning the lottery (as in the syndicate serving prison time).

Just today this blog received the results of the appeal to the FOIA request – today – SEVEN MONTHS AFTER we appealed and thirteen months after the original request.

The decision of this appeal is below.

Look carefully: the reason for the EPA's refusal to produce the salient, revealing and indictable aspects of the information the EPA has in its possession is because ... now wait for it … the EPA does not want to embarrass those responsible for the environmental crimes!

Now, seriously, wasn't it worth waiting thirteen months just to read this morally corrupt Orwellian logic from the government that is no longer for We The People?

Let's put this in perspective: YOUR government (the EPA) that is funded with YOUR tax dollars is protecting YOUR government (the governance of the City of Marco Island) that is also funded with YOUR tax dollars by refusing to reveal YOUR information as to the details of the environmental crimes YOUR government (the governance of the City of Marco Island) committed that has a direct and unequivocal impact on YOUR health and YOUR property.

Is this a great country, or what!

So what are the next steps?

First, "we" will post the emails the appeal letter states will be released – if and when we get them.

Secondly, "we" will do something else. The advice of two celebrated revolutionaries – one of enormous intellectual and moral statue, the other morally reprehensible – are worth considering:

"As our enemies have found we can reason like men, so now let us show them we can fight like men also.",

And

"¿para atrás? ¡ni para coger impulso!" (To go back [now]? Not even to gain momentum!).

The war continues.

==============click images to enlarge ... =

Idiots-R-Them

2009-09-15T12:24:00.002-04:00

So we get this email:

To Fellow Environmental Advocates and Nature Lovers, YOU can help Stop this project before it's too late. Please send a brief email now. Choose any helpful talking point below and personalize it to make it your own... REMEMBER--You're either a voter or a visitor, either way you have a stake in this. ***Please Send emails to: fredcoyle@gov.net, jimcoletta@colliergov.net, DonnaFiala@colliergov.net, FrankHalas@colliergov.net, TomHenning@colliergov.net TALKING POINTS: **Installation of powerboat markers in the Clam Pass Preserve waters is a Taking of Public Benefit and Jeopardizes the Safety for all who swim, snorkel, wade, fish kayak or canoe, and otherwise enjoy the waters up close and personal without damaging it. **Clam Pass Preserve is suited for PASSIVE recreation, the only inlet on Collier County Coastline where you can safely swim. **Clam Pass Preserve waters are only temporarily navigable at high tides/heavy rains and is otherwise very shallow with extensive mudflats (non-navigable conditions). **This great place to kayak or canoe and see all the marine, bird and other wildlife. It isn't good for powerboats because the natural habitats are hazards for powerboat navigation. **Additional Safety signage should only be Mariner Warnings such as "Caution/Swimming Area"; "Hazards to Navigation/Shallow Water and Shifting Shoals Present"; "Hazards to Navigation/Mangrove Roots and Branches Present"; "Natural Resources Present/Local Knowledge Required" ADDITIONAL TALKING POINTS: **You value and enjoy the natural resources of the Preserve just as they exist now: Shallow waters and sandy shoals are where most of the seagrasses thrive. Adjacent waters provide foraging access to manatee and various finfish. Mudflats are where most of the invertebrates, shellfish and clams thrive. Red Mangrove roots are where oysters, barnacles and many types of algae thrive and where juvenile fish take refuge. Red, White and Black Mangroves tree branches shade the waters and provide resting and rookery sites for many birds. Ebb tides reduce the waters in some areas to narrow ribbons--essential for waterbirds to concentrate the fish they forage on. **Installation of red/green markers gives the Clam Pass waters an official designation that misrepresents it to be more navigable for powerboats than it is. Those types of markers are meant for waterways that have moderate to heavy powerboat use in waterways that are uniformly, consistently and permanently navigable for powerboat vessels--a situation that does NOT exist in Clam Pass. ***Sign the Mangrove Action Group's "Save Clam Bay Wetlands-Keep It Natural petition- link below Thank-you for taking action and helping preserve a beautiful, tranquil area, full of wildlife. Mangrove Action Group -----
So we email this response:

i'm sorry - but who are you people? and where were you when the mangroves were being contaminated by toxic-laced effluent being dumped [into the mangroves] by the city of marco island?
-----
So we get this reply:

As a member of multiple environmental advocacy groups--I can only say that if I had been aware of such problems on
Marco--I would have added my voice to others to try and halt such practices. I do sign petitions and attend meetings,
and advocate for responsible use, conservation and preservation of those few places that are not paved or dredged.
There are coalitions of environmental groups now--with members reaching across to each other for mutual support.
Certainly, when there are issues to address--put the word out in every possible way--I learned about an issue on Marco
some time past about an Eagle I think needing protection (don't remember all the details) I was happy to help and
sent an email in support of the issue. I hope you will send an email in support of keeping the Clam Pass system just
as it is....If you are not familiar with it--come and see for yourself--you can swim, float, or kayak .without getting swamped
Marcia

-----
So we DONT reply -

Contamination Sites on Marco Island ...

2009-09-12T11:55:00.002-04:00

Per the FDEP - you know, the stalwart of environmental protection (when they are not complicit in the crime), has the following sites on Marco Island deemed as contamination sites.

7-ELEVEN FOOD STORE #25725
600 Bald Eagle Dr
Marco Island, FL 34145
Facility Id: 8518356
Pending Petroleum Cleanup.
--------------------------
BP AMOCO-MARCO ISLAND
861 Bald Eagle Dr
Marco Island, FL 34145
Facility Id: 8518316
Pending Petroleum Cleanup.
--------------------------
CHALET OF SAN MARCO
520 S Collier Blvd
Marco, FL 33937
Facility Id: 8735918
Pending Petroleum Cleanup.
--------------------------
CITGO-SAFMO LLC
1767 San Marco Rd
Marco Island, FL 33937
Facility Id: 8518178
Active Petroleum Cleanup.
--------------------------
COLLIER CNTY-CAXAMBAS PARK MARINA
909 Collier Ct
Marco Island, FL 33937
Facility Id: 8626697
Pending Petroleum Cleanup.
--------------------------
DASH IN DASH OUT
1095 N Collier Blvd
Marco Island, FL 34145
Facility Id: 8518273
Active Petroleum Cleanup.
--------------------------
DRY CLEAN & MORE INC
163 S Barfield Dr
Marco Island, FL
Facility Id: 000119502410
Pending Other Cleanup.
--------------------------
MARCO ISLAND CLEANERS
695 Bald Eagle Drive
Marco Island, FL
Facility Id: 000119602577
Pending Other Cleanup.
--------------------------
MARCO ISLAND UTIL-YARD SITE
100 Windward Dr
Marco Island, FL 34145
Facility Id: 8838643
Active Petroleum Cleanup.
--------------------------
PELICAN PIER MARINA
1085 Bald Eagle Dr
Marco Island, FL 34145
Facility Id: 8945066
Pending Petroleum Cleanup.
--------------------------
SOUTH SEAS WEST TOWER #2 MARCO ISLAND
380 Seaview Ct
Marco Island, FL 33937
Facility Id: 9301065
Pending Petroleum Cleanup.
--------------------------

Final Article

2009-05-24T19:22:00.001-04:00

This, the 401^st original article written since this blog started over 3 years ago, is the last article.

The Marco Island blog will go silent.

The blog will stay on-line for a while, as there are two federal agencies with pending criminal investigations for current and former city employees, city councilors and city operatives (the syndicate). Federal FOIA requests are pending. There is near zero expectation that any documents will be released to satisfy this blog's now almost one year old FOIA request. If by some miracle some documents are released, they will be posted here.

Otherwise, this is the last posting.

Regulate This and That

2009-05-16T10:25:00.005-04:00

Why don’t we just regulate everything?

Now on the hell train to socialism, the populace is sitting in one of three cars: the car with the people that want socialism; the car with the people, corporations and special interests (a la the local syndicate) that suck at the government’s teat and lobby for protecting their particular scheme (or scam in the case of the local syndicate); and the car with the people that think the government can solve everything.

Left aghast at the station are those of us that have witnessed first hand what socialism accomplishes. We waive goodbye and shake our heads.

On a miniscule insignificant spec of nothing where a true representative form of government could flourish we are subjected to an all-volunteer hell train. At the root of what used to be a democracy is now the decay from partial representation, compromised "staff," the syndicate in charge, and the populace running around seemingly surrendering to the misbegotten hope that government will help them.

The latest farcical debate centers on rentals. The government regulates but doesn't enforce rental properties because the syndicate has interests in the rental business. So the city council fuels the hell train and appoints a rental committee infested with a majority representing a vested, compromised special interest faction of the local syndicate - the real estate lobby. The people that want to live in a morgue complain to the government for relief. The people that complain about the people complaining express their anger that people are complaining, so they complain to the government that ignores complaints.

By the way, has the "staff" - the local version of Nancy Pelosi - come up with yet another ruse about who/what/where/when cisterns are regulated - the local version of the Speakerette’s lie about what she was told by the CIA?

Missing in all of this noise is the fact that the problem lies in the government, while the solution lies in We The People. Yet there are those that believe some form of government regulation in all but some affairs is required lest anarchy ensue.

And herein lays the problem. The slow, pervasive creep of control. First, the government decides what color you can paint your house. Then the types of foliage you can plant. Then, you can't use a cistern because everybody else in the state is using it. Then your child can't use your pool in the afternoon because the moribund neighbors don't like the sound of children, or find music too loud a few evenings a week - which begs the question since they are moribund, aren't they already deaf? Then we need an exiled audio engineer to tell us at what decibels are the child's playful sound or the music offensive so that a noise ordinance can be enacted with an exclusion exempting certain restaurateurs in such a way that 7 out of the 100 restaurateurs will claim discrimination for they are not in a strip mall that has the offending cacophony hence the need to "level the playing field" whatever that means though all restaurants in a particular mall are also subjected to fire, zoning, city, state and federal regulations which some therein chose to ignore for they are after all related to the former city manager who was and perhaps still is the syndicate's poster child for having treated us to asbestos dumps, pulverized asbestos not a mile from two schools, millions of gallons of toxic effluent dumped in allegedly protected waterways and entire neighborhoods gassed with lethal levels of a known toxin despite state and federal regulations that purportedly punish such things though nothing happened for after all those are just regulations in a maze of regulations regulated by those regulators that you have chosen to allow to create regulations for their own protection.

Not sure, but is this chaos odd only to those of us that lost a world to universal regulations?

For those still not seeing the effect of how seemingly benign government regulation in our lives is a mortal threat, read Capitalism and Freedom. Therein the role of government is clearly delineated, as espoused by the Framers, the Founding Fathers and those eschewing socialism for a preservation of ... capitalism and freedom.

Since most of the populace is now on the hell train, the train will act erratically, the net effect of which is some more regulation that will only confuse matters, serve the syndicate and get more regulations on the books so as to then compete with the 13,458 page IRS tax code that the local polizia will selectively enforce. Wonderful.

Not sure, again, but what is the maximum number of neighbors does any one house have that can produce offending disturbances? One? Two? Maybe three? So exactly how difficult is it to personally address the problem without getting the government to create yet another regulation that will either 1)be ignored by the renters 2)be ignored by the government itself 3)be ignored by the landlords 4)be ignored by all three?

Does anyone else find it odd that the majority of the populace of this island derides President Obama's actions of empowering the federal government to control everything, but yet are the very same people that want local government to control everything locally? What leads them to believe that a small local bureaucracy is less evil than a big national bureaucracy? Analogously, people decry high taxes and the cost of government but are ignorant in understanding that every single law, regulation, rule, dictum and code costs us, the taxpayers, money to implement, to manage, to account for – and in the case of Marco Island, to selectively enforce.

Besides, do you think more regulations are going to solve any problem? How about if we just ban We The People altogether and have nothing but an Orwellian/Marxist/totalitarian system where everything is the government and everyone belongs to a government that tells us exactly what to do at all times?

The more power you vest in government, the less choices you have. The more you expect the government to solve problems and resolve petty disputes, the more you will be disappointed. The more regulations you request, the more the government can justify their costly labyrinthine bureaucracy. The more you seek solutions from government, the less freedom you have.

What is the solution? Your city government has failed to enforce regulations - good - sue it (outside of Collier County if you want to have a chance at a fair hearing). Get government out of the debate, stop relying on government to solve all of your problems, take matters into your own hands, and convince yourself that for there to be a free people to live in a true democracy, there needs to be less regulation.

What/Who Really Killed the Birds on Marco Island?

2009-05-11T21:47:00.002-04:00

From an Internal Interim Report:
--------------------------------------

The US Environmental Protection Agency (EPA) has concluded that currently approved uses of fenthion, an organophosphate pesticide, pose unreasonable risks to human health and the environment. EPA said it would seek public comment of what measures should be taken to lessen risks posed by the pesticide, which is primarily used in Florida to combat mosquitoes. Fenthion is very highly toxic to birds and highly toxic to marine invertebrates. Its use has been implicated in several bird kill incidents, including recent bird kills on Marco Island, Florida, which are currently under investigation by the US Fish and Wildlife Service.

"There is reason for the EPA to be concerned about fenthion," said Carey Pope, a toxicologist who worked for the Defense Department. "It tends to hang in longer than other pesticides." Linda Farley from the American Bird Conservancy states that the U.S. Fish and Wildlife report documents the deaths of at least 16 species of birds caused by fenthion, including the Piping Plover.

Fenthion can also cause cholinesterase inhibition in humans; that is, it can overstimulate the nervous system causing nausea, dizziness, and at high exposures respiratory paralysis and death. EPA toxicologist William Boyes is reviewing a Japanese study that found a high rate of myopia (nearsightedness) in people exposed to fenthion. Another study, by fenthion manufacturer Bayer Corporation, indicates that rats that were given high doses of fenthion over a period of two years had eye problems as well. "A conservative approach is what is toxic to animals is hurtful to humans," Boyes said.

Bayer Corporation of Kansas City, Mo., maintains the pesticide is safe when used in accordance with label instructions. Bayer has said the pesticide does not pose a threat to birds or other wildlife when it is used properly. Organophosphates made by Bayer include azinphos-methyl, fenamiphos, isofenphos, tribufos and fenthion.

EPA said its decision is "interim" because the agency still must assess the cumulative risks of multiple organophosphate pesticides. After that assessment - which could be completed this year - additional risk mitigation measures may be required on organophosphates that share a common mechanism of toxicity, EPA said.

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Note: Last year this author determined that the areal bombardment of Marco Island by Collier's mosquito control was dangerous. A call was placed to Collier County, and after a long and arduous technical debate (akin to that heard in the movie Andromeda Strain) I threw up my hands and agreed to simply be notified 24 hours in advance of any mosquito areal spraying - those days I stayed inside. Unfortunately for the birds, they were not notified ... By the way, the effect of these chemicals on the elderly is exacerbated.