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Friday, February 16, 2007

One Citizen's Response to the STRP Postcard

February 2, 2007

Mr. William Harrison
Finance Director
CITY OF MARCO ISLAND
50 Bald Eagle Dr.
Marco Island, FL. 34145

VIA CERTIFIED MAIL

Mr. Harrison,

In receipt of your letters dated December 15, 2006 and January 25, 2007 as to the STRP, I am respectfully requesting that you answer the following questions. The answers to these questions will be instrumental in responding to your requests and therefore essential to selecting the options presently dictated to me by the City.

1. Will the City of Marco Island provide a recompense for taking or otherwise denying the use of my private property –as in my septic tank?

2. Are the financing options you make available subject to the Truth in Lending Act? If so, please provide the disclosure as required by law.

3. If the financing options are not subject to the Truth in Lending Act, why not?

4. What power backup system is in place for the pumping station that will be nearest to my house in the likely event that there is a power outage?

5. In the event that there is a power outage and the nearest pumping station to my house has no backup power source, what will happen to the sewage flowing and/or accumulating in the sewer pipe in front of my house?

6. The following questions pertain to, or reference, Florida Statute 381.00655;
a. Can you explain to me why I can not opt to follow this Florida law?
b. If I opt to follow this law, will the City prosecute or seek any form of legal redress against me?
c. If I opt to follow this law, will I be entitled to equal protection and equal treatment as to the finance options made available to other citizens?
d. Under what law does the City have the right to negate this Florida Statute?

7. If the Florida Supreme Court rules against the City of Marco Island as to the validity of the proposed bonds, how will the City finance the entirety of the STRP?

8. If for whatever reason the STRP is terminated,
a. Will I get a refund of my money?
b. If so, will the refund include interest?
c. If the refund were to include interest, at what interest rate will that interest be based on?
d. If the refund were to include interest, is the City of Marco Island going to provide a
disclosure per the Truth in Lending Act?

9. If the City does not prevail in securing the funding for the STRP via bonds or other financial instruments will the City continue funding the STRP by using the reserves? If not, then by what means?

10. In your January 25, 2007 letter you state:
“After receipt of your post card we will mail an agreement appropriate for the option you selected.”

In the postcard included with the same letter you state:

“If you select one of these options you will be mailed the legal agreement for your choice that must be signed by the legal owners and returned to the City of Marco Island no later than the date specified on your letter.”

Since you are not specifying the time I will have to review the agreement, I can not agree to unknown terms in an undisclosed time frame a priori. Hence, please provide at your earliest convenience the three agreements. If there is a cost associated with sending me the three agreements, please specify the amount prior to sending them.

11. In your December 15, 2006 letter you state that “… septic systems cannot adequately treat human waste …”. If that is true, why does the City and FDOH sanction, as you say “… present health risks and degradation of our pristine waterways”, by allowing builders to install septic tanks as recently as today?

12. In your December 15, 2006 letter you state that “… septic systems cannot adequately treat human waste …” Please provide scientific, independent, peer-reviewed studies related specifically to Marco Island where such a statement is supported clearly and emphatically.

13. Can the City change the wording of the consent form to include: “Homeowner ("Owner") is required to connect to the new sanitary sewer lines when the plant is upgraded to a 5mgd capacity and certified able to accept new STRP connections or by May 1, 2007, whichever is later.”? If no, why not?

14. Under what circumstances can or will the City deny the “ten (10) year connection waiver” if I comply with all of the rules, regulations, terms and conditions of the Collier County Health Department as related to an Advanced Septic System that I have or may have on my property?

The answers to the questions and requests in this letter are vital in formulating my decision.

While I prefer a written response, I would also be willing to accept the answers in person with the condition that I will electronically record the audio and/or video of such an encounter.

I look forward to your very prompt reply as I am desirous in making an informed decision within the time frame dictated by the City.

Respectfully,

Mario R. Sánchez, Ph.D.

1 Comments:

  • lotsa luck. Even if you were to get the response, you probably won't
    be able to decipher it. The accounting of our city finances is so hard to figure out,we're left to wander around like the aflac duck after one of yogi's comments.

    By Anonymous anotherdoubter, at Tuesday, February 27, 2007 12:35:00 PM  

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