July 4, 2006 By Ed Foster

Two hundred and thirty years ago today, 56 men representing 13 British Colonies signed a remark­able document – The Declaration of Independence. From that day forward, this document has served as the beacon of hope for the downtrodden and celebrated wherever free men gather. Sign­ing that document was a dangerous act. Each man knew he risked home, fortune, family and, yes, his very life to follow his conscience. Nor did the signers have unanimous support – there were vested interests that preferred to remain tied to Great Britain – but the signatories had the support of the majority, or this nation would never have become free.

When you read through the document as I have just done, you are struck by the fact that it can be distilled into simple terms. There is a shopping list of grievances but they boil down to: “Your Majesty doesn’t listen to us; you do not respond to our grievances; you tax us for things we don’t want; you do not give us the rights afforded to other British subjects; and, you ignore any British law that limits your authority.”

Two hundred and thirty years later, the citizens of Marco Island are faced with a similar dilemma … not nearly so important, but important enough. The STRP is being forced upon us despite the objec­tion of 80% to 90% of the residents who are affected. Our wealth is taken to buy existing users a new WWTP. Valid justification based on public-health or environmental grounds has been ceded. The only remaining justification is “The King has spoken.” We write letters to the Council and half the councilors ignore them. Some even threaten to put us on their SPAM list. We ask questions of the City Manager and they are not answered. We demand answers under Chapter 119 of the State Stat­utes and we get double-talk. We are frustrated every way we turn … and we are the majority!

The City replaces State Law with its own law citing “Home Rule,” and then refuses to follow its own law. City Ordinance Section 2-375 provides no other means of temporarily funding a capital project other than short-term notes approved by the City Council. Regardless of the law, the City Manager and City Finance Director take it upon themselves to dip into emergency cash reserves for funding … in a hurricane season, no less! This is the final straw.

We have provided the City with a solution to our WWTP problem that is equitable, inexpensive and non-disruptive. For $6 to $8 a month on present sewer users – the ones who have used the system for 30+ years and worn out the infrastructure – the plant can be refurbished to meet City require­ments through build-out WITHOUT adding a single new user to the system. This is a trivial amount – less than the 5% tax imposed on our electric bills to help LCEC bury overhead wires. It solves our problem, ends the disruptive STRP in its tracks and, with that, the lawsuits.

Over the past 9 months, I have learned that the only way to impose discipline on the City govern­ment is to appeal to our State government. When the City ignored our discovery of asbestos con­tamination and denied it existed, an appeal to Governor Bush brought the FDEP into action, forced the City to initiate cleanup, and locked down the contaminated areas of the Glon Property pending resolution of the overall problem. Meanwhile the FDEP assured us that it was keeping close watch on North Collier construction to prevent another occurrence. When the City Public Utility Director played fast and loose with lift-station height regulations and ignored our protests, a complaint to FDEP brought the City into compliance. When the same Public Utility Director ignored regulations regarding containment of construction debris in the Tigertail district, a complaint to the Southwest Florida Water Management District brought a rebuke and demand for compliance.

It is clear that the City of Marco Island will not follow rules or regulations unless forced to do so by a higher authority. Once again, I will be forced to turn to the State for help. I expect to be castigated and pilloried for taking this action as I have been for my past actions in defense of the people, but I cannot stand by and see this administration flaunt the law.

Ed Foster Chairman, C.A.R.E.S., Inc.

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