Open Letter to E.W. Scripps Co. Management

A free, independent and factual press is both rare and indispensable in our present day form of government. without this characteristic to what has been shown to be the fourth branch of government, we the public loose confidence in a government that for all practical purposes exerts its powers unchecked.

Irrespective of the size of the community - from New York City to Marco Island - reporters that perform as noted above are a godsend to our democracy.

The issues that face Marco Island are both daunting and haunting. Irrespective where one is on the issues, it is essential that the factually based news be reported - and reported without sensationalism and without fear of offending those that the story does not paint in a good light. Facts are facts. If the free press refuses to report the facts for fear of retribution or for any other reason, our system of government suffers, our community suffers and so does the press.

You presently have a reporter in Ed Bania that fits this bill. You know he is doing the right thing when apparatchiks of the city lobbied you to have him fired. Marco island has asbestos dumping; a governance that threatens, intimidates and violates the civil rights of its citizens; federal authorities are investigating the city and some of its people; there is litigation; etc ... you know the stories.

These stories had to be reported, they had to be told, they had to be documented. That is what a free press does - that is what you have done - that is what you should continue to do with the right person in Ed.

Ed tackled these facts in a fair and balanced and factual manner. He didn't make these stories - he dug them out and reported them as supported by the evidence. It is essential that he continue in this vain for the problems are not yet resolved and rest assured that there are more are to come.

To do otherwise would be a disservice.

I strongly urge that you view ed as an invaluable and indispensable resource for the benefit of our system of government, for the citizens of marco island and for your organization.


Note: the above was emailed on July 29, 2007 to
kwlowe@ewscripps.com,
cpdoyle@naplesnews.com,
pplewis@naplesnews.com,
rhsandy@marconews.com

Sewer vs. Septic - Hysterics Redux

With the latest posting by the city of a taken out-of-context report, it would do everyone well to consider how the scientific community works in this regard.

A hypothesis is put forward. Funding is obtained to conduct the research. Years of research is formulated into a "paper". This "paper" is presented to a peer-reviewed journal for validation of the methods and for ensuring that the conclusions are substantiated by the facts presented therein and by generally accepted scientific principles and the body of knowledge contained therein.

But from one that has done this repeatedly, both as an author/researcher and peer-reviewer, there are issues with this process. The first problem is when lay people take these reports out of context, or simply post as-is, for political purposes - as the city has just done.

The second problem is that in many cases, there is another "paper" or report that contradicts the new study. For those of you following the idiocy on diet and health then you are already aware of the myriad papers decrying salt, cholesterol, fat, air, water and a plethora of other benign foodstuffs we consume. All while there are other reports vindicating salt, cholesterol, fat, air, water and everything else. Sugar is latest bugaboo that causes diabetes and arthritis - contradicted by long available information that the world's largest producer and consumer per capita of sugar pre-1959 had virtually no incidence of diabetes or arthritis.

This second problem stems from bad science, politicized science (global warming is a perfect example), and from the first problem described above.

As to the latest throw-it-up-and-see-if-it-sticks sham from the city: The report is preliminary. It has yet to undergo peer review. The Florida Keys is a completely different environmental, oceanic and geographic place from Marco Island. The soil and earth layers are as different from Marco Island as night is to day. The human influence is markedly different. The keys have been regulated for decades - so much so that many infrastructure improvements have been thwarted. The death of Florida Bay at the hands of both fertilizer run-off and from choking the water flow from the north due to unbridled development (Miami-Dade, Broward and Palm Beach counties) is a direct influence. The list of differences is nearly endless.

And for those that don't want to listen to a scientist that uses these very same data and that has lived in S. Florida all of his life to witness the evolution of man and his environment, here is something to further fuel the hysteria.

IDENTIFICATION OF COLIFORM POLLUTION SOURCES USING MULTIPLE ANTIBIOTIC RESISTANCE , SELECTED MOLECULAR TECHNIQUES AND GIS SPATIAL ANALYSIS

NOAA/NOS, Center for Coastal Environmental Health and Biomolecular Research, Charleston, SC
School of Public Health, University of North Carolina, Chapel Hill, NC
South Carolina Department of health and Environmental Control, Columbia, SC
South Carolina Department of Natural Resources, MRRI, Charleston, SC
School of Public Health., University of South Carolina, Columbia, SC
Clemson Institute for Environmental Toxicology, Clemson University, Clemson, SC

Discharges of wastewater from sewage treatment plants (STPs), septic tanks, farm animal operations (FMOs), urbanization and wildlife pollution sources may adversely affect estuarine water quality, often closing shellfish beds for harvesting and downgrading water quality classification in rivers and streams.

Development of methods for differentiating human versus wildlife coliform bacterial sources is needed to properly manage bacterial pollution emanating from different sources. Several methods for differentiating human and wildlife coliform bacterial sources were evaluated including Multiple Antibiotic Resistance (MAR), Pulsed Field Gel Electrophoresis (PFGE), and Ribotyping (RT). Water samples were collected from several river and estuarine watersheds in SC and selected pollution sources (STPs, septic tanks, FMOs, and wildlife). Samples were enumerated for fecal coliform bacterial densities (MPNs or MF) and E. coli were isolated by API biotyping. Samples were then analyzed by MAR, PFGE, and RT. Adjoining land use in several areas was further analyzed by GIS and multivariate statistics to predict significant land use metrics affecting fecal coliform densities and to identify human pollution sources. Results indicated that the % of E. coli comprising the coliform group and MAR was highest at sewage treatment plants and in urban areas adjoining sites with septic tanks or influenced by sewer discharges. Wildlife areas had negative MARs or resistance to only a single antibiotic and a lower % of E. coli. PFGE and RT provided DNA differentiation of bacterial pollution sources. Multivariate statistics and GIS provided methods to locate human pollution sources, identify land metrics affecting coliform MPNs and quantify presumptive Total Maximum Daily Load estimates of fecal coliform sources in shellfish harvesting areas. These findings indicate that these methods may be helpful in identifying different sources of fecal coliform bacteria.

Read the red carefully. This just-published and peer-reviewed report substantiated by quite sophisticated techniques says something quite different.

So once again - for every report that says one thing, there is another that says something else. While you should not expect the honesty from this present governance to produce all reports on this issue, by now you should know that you need to get the complete picture yourself - that is, for those of you that actually consume what the present governance propogandizes.

A final suggestion - read everything - even if you don't agree with it. To do otherwise fuels ignorance.

Deep Injection Wells - Detailed Information

The use of deep injection wells as a means by which to process the Marco Island sewage is another contentious issue. Part of this contention stems from the lack of information and misinformation being promulgated by the city and it's proponents of the STRP. Adding to the confusion are some anti-STRP activists making certain claims about the efficacy of deep injection wells.

The best judge of this issue will not be the "experts" - but as always - the public. The public should be informed on this (and all) issues. To that end, the following is a detailed explanation on deep injection wells are provided by the EPA. Additionally, information formulated by the Sierra Club from a near identical situation (in Miami) is also provided.

We urge that every citizen of Marco Island take the time to become informed on this very important environmental and social issue.

EPA - Deep Injection Wells (web based)
EPA - Deep Injection Wells (download the PDF)
Sierra Club Deep Injection Wells
Article of Interest ...

We trust that you find this information informative.

Red Tide Information

Several prominent reports were issued this month as related to "red tide". As we know, red tide is a phenomena that is prevalent in our costal waters.

Red tide is an algal bloom that occurs in part when there is too much nitrogen in the waters. The red tide bloom will damage sinuses and pose other health threats - especially if contaminated shellfish is consumed. Approximately 60,000 Americans are poisoned every year as a direct and indirect result of the algal blooms. The poison from the red tide bloom becomes airborne thereby irritating our sinuses, throats, eyes and lungs.

The following are some quotes from the EPA, FDA, and from a leading university research center on this subject.

Nutrients such as nitrogen and phosphorus are necessary for growth of plants and animals and support a healthy aquatic ecosystem. In excess, however, nutrients can contribute to fish disease, red or brown tide, algae blooms, and low dissolved oxygen. The condition where dissolved oxygen is less than 2 parts per million is referred to as hypoxia. Many species are likely to die below that level- the level of healthy waters is 5 or 6 parts per million. Sources of nutrients include point and non-point sources such as sewage treatment plant discharges, stormwater runoff from lawns and agricultural lands, faulty or leaking septic systems, sediment in runoff, animal wastes, atmospheric deposition originating from power plants or vehicles, and groundwater discharges.

Excessive nutrients stimulate the growth of algae. As the algae die, they decay and rob the water of oxygen. The algae also prevent sunlight from penetrating the water. Fish and shellfish are deprived of oxygen, and underwater seagrasses are deprived of light and are lost. Animals that depend on seagrasses for food or shelter leave the area or die. In addition, the excessive algae growth may result in brown and red tides which have been linked to fish kills, manatee deaths and negative impacts to scallops. Increased algae may also cause foul smells and decreased aesthetic value.

There are three types of shellfish poisonings which are specifically addressed in the NSSP Model Ordinance: paralytic shellfish poisoning (PSP), neurotoxic shellfish poisoning (NSP) and amnesic shellfish poisoning (ASP), also known as domoic acid poisoning. PSP is caused by dinoflagellates of the genus Alexandrium (formerly Gonyaulax). NSP is caused by brevetoxins produced by the dinoflagellates of the genus Karenia (formerly Gymnodinium). Both of these dinoflagellates can produce "red tides", i.e. discolorations of seawater caused by blooms of the algae. Toxic blooms of these dinoflagellates can occur unexpectedly or follow predictable patterns.

Researchers at University of North Carolina Wilmington announce the continuation of funding to study the effects of inhaled Florida red tide brevetoxins and ultimately yield treatments. The National Institute of Environmental Health Sciences awarded UNCW the five-year $7.53 million competitive renewal to further delve into the acute and chronic effects of inhaling toxic particles generated by red tides on Florida's west coast.

Daniel Baden, William R. Kenan Distinguished Professor of Marine Sciences at UNCW and program director for the study, said, "With an understanding of the molecular mechanisms of toxin action, we can recommend appropriate therapeutics for intervention and provide some measure of effects in humans. While it is not presently within our power to prevent red tides, it is certainly possible and advisable to reduce, treat and ultimately prevent inhalation exposure to these noxious agents."

By measuring red tide cells in the water, the toxin they contain, the airborne toxin in sea spray, the toxin transported ashore by wind and the amount people inhale, the team is rapidly increasing understanding about one of the most far-reaching human exposures to a natural toxin.

Florida red tide toxins affect the pulmonary, nervous, immune and genetic systems in animal models and may similarly affect humans.

sources: www.epa.gov www.fda.gov www.uncw.edu Popular Science

Your City Employees at Work

Introduction
A source sent to us a handwritten note suggesting a questionable practice by a City of Marco Island employee. The following details our findings.

Case Details
The City employee referenced in the handwritten note is Laura Litzen, City Clerk for the City of Marco Island. The allegation is that Ms. Litzen, acting as a real estate agent, sold a property to a husband and wife that since then have gained employment with the City. The note suggests that such is an ethics violation and a conflict of interest.

Facts

1. Ms. Litzen is the City Clerk and Human Resource Director for the City of Marco Island.

2. Ms. Litzen has been employed by the City of Marco Island since 3-16-1998.

3. Ms. Litzen works in Department 512.

4. Ms. Litzen is a licensed real estate agent.

5. Ms. Litzen is the agent of record for the sale of the real property located at 365 Rookery Ct., Marco Island Florida.

6. Closing of the sale of the property at 365 Rookery Ct. occurred on 7-31-2006.

7. The market value of this real property is $828,620.

8. The buyers of this property on this date were Deborah McCabe and Jeffrey McCabe.

9. The law firm involved in this real estate transaction is Rhodes, Tucker & Garretson.

10. Mrs. McCabe is employed by the City of Marco Island as an Administrative Assistant.

11. Mrs. McCabe works in Department 512.

12. Mrs. McCabe has been employed by the City of Marco Island since 5-30-2006.

13. Mr. McCabe is employed by the City of Marco Island as a Computer Support Specialist.

14. Mr. McCabe has been employed by the City of Marco Island since 2-12-2007.

15. Mr. McCabe works in Department 513.

Laws & Regulations
Florida Statute 112.311
(5) It is hereby declared to be the policy of the state that no officer or employee of a state agency or of a county, city, or other political subdivision of the state, and no member of the Legislature or legislative employee, shall have any interest, financial or otherwise, direct or indirect; engage in any business transaction or professional activity; or incur any obligation of any nature which is in substantial conflict with the proper discharge of his or her duties in the public interest. To implement this policy and strengthen the faith and confidence of the people of the state in their government, there is enacted a code of ethics setting forth standards of conduct required of state, county, and city officers and employees, and of officers and employees of other political subdivisions of the state, in the performance of their official duties. It is the intent of the Legislature that this code shall serve not only as a guide for the official conduct of public servants in this state, but also as a basis for discipline of those who violate the provisions of this part.

Opinion
Florida has rather broad conflict of interest statutes. Any government employee can have any employment outside of their governmental positions and such would not be construed as a conflict of interest with one exception: if that employment is with an organization that is providing a good or service and said employee is a decision maker in obtaining such goods or services.

Reviewing the Florida statutes and the mock cases found at the state’s ethics web site (http://www.ethics.state.fl.us/) supports this contention.

The fact that there are employees of the City that were hired before and after the sale of the real property does not appear to violate the state’s broad ethics laws. The fact that one employee appears to be a subordinate of the other employee also does not appear to violate the state’s ethic laws.

There is no evidence to suggest that the sale-employment was a quid pro quo. There is no evidence to suggest that the City Clerk influenced the appraised value of the house for the purpose of the sale.

What is of interest is that the appraised value of the property is $880,000 to $1,200,000, but the purchase price was $640,000. Although a seeming anomaly, there does not appear to be any reason to suspect that the City Clerk, or the employer-employee relationship with the McCabes has any bearing on this matter.

(click image to enlarge)

Company Convicted for Improper Asbestos Removal

A federal grand jury in San Diego found San Diego Gas and Electric Company guilty on three counts of violating asbestos work practice standards and one count of making false statements on July 13. The charges relate to the company's removal of asbestos from 9.23 miles of underground piping at the former Encanto Gas Holder facility in Lemon Grove, Calif., in 2000 and 2001.

In addition, Kyle Rhuebottom, the project manager for the prime contractor on the site, and David Williamson, a company employee, were each found guilty of one count of violating asbestos work practice standards.

According to court documents, the company knew the piping at the Encanto facility was coated with asbestos, based on analytical testing. Once the company decided to sell the property, they solicited bids for demolition and removal of the asbestos-coated piping. Despite knowing that the piping coating contained asbestos, the company began removing the pipe wrap without treating it as regulated asbestos containing material.

The jury found that the company, Rhuebottom and Williamson failed to contain the asbestos or place it in a leak proof container. The jury also found that the company failed to provide adequate notice in advance of the asbestos removal, failed to adequately wet the asbestos during removal, and falsely claimed that a company employee was a certified asbestos consultant.

Asbestos is made up of microscopic bundles of fibers that may become airborne when asbestos-containing materials are damaged or disturbed. When these fibers get into the air they may be inhaled into the lungs, where they can cause significant health problems, including death.

The defendants are scheduled to appear before United States District Judge Dana M. Sabraw, Southern District of California, on Sept. 6, 2007 for further proceedings.

More information on EPA's criminal enforcement program: http://www.epa.gov/compliance/criminal/index.html

More information on asbestos: http://www.epa.gov/asbestos/

You Are Too Stupid

In another incredibly revealing statement from a councilperson making the rebuild-my-image circuit, you now have proof that “they” think you are too stupid to think for yourself. We use the semantic inference of “they” since the present city governance has long stopped being one of “us”.

In a factually incorrect propaganda piece appearing in one of the local journals, the councilperson states “… we look for ways to reduce their exposure and risks of future cost increases”.

The “their” refers to those residents that refused to fall for the scam and “lock” in the 2006 connection rates/fees for the STRP. And by refusing to fall for the city sponsored ruse, these residents have in fact left their options open for hooking up to an optional STRP at lower rates.

Everything is relative as a noted scientist was fond of saying. And though here on Marco Island the present governance does not follow laws of physics, economics or … well just any law they don’t like, they do succumb to the relative application of what they think of “us”. They sought to reduce “exposure and risk” for residents that already did so on their own by actually becoming informed with facts and guided by reality. In essence, these residents discounted the lies put forth by the “staff” – a lesson never to be learned by the majority of the council.

In plain language – the residents did not believe for one moment that costs were going up and up and up and had to be locked in at the highest level. The residents knew full well that prices were plummeting.

And what the residents also know full well is that the days of the present governance are numbered – and so is the sham of the STRP.

So … here is the quiz: wait because prices are dropping on a project that will be stopped, or lock in the highest rates? Uhm … let’s run this one by a fifth grader.

So you see, while “they” think we are stupid, “we” will be taking advantage of lower costs – like zero costs when the STRP is stopped when the “us” are back in governing of the people, by the people and for the people.

The "Friday the 13th Pack of Lies" Refuted

CLICK HERE FOR FULL DETAIL ...

Present & Future Councilors ... Consider -

Engrave in granite.
(click images to enlarge)

If You Think This is Bad - Wait

Wait until the season when your city council orders more con/destruction before this present mess is over ...

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Click on Arrow to Play Movie

Message from POP!

Fellow Marco residents:

This brief message hopes to do two things: update POP's progress and thank all of you for your support, encouragement and loyalty to POP's "common sense" proposed charter amendment.

The first objective is easy: Last week POP submitted well over the required number of signed petitions to the Supervisor of Elections. That office will certify the required number of petitions from registered Marco voters and deliver the certified petitions to Marco's City Hall. Thereafter, the petition will be placed on a city council meeting's agenda for processing. We can depend that city council, led by Tucker & Minozzi will do anything and everything possible to stop you from voting on the issue. It ought to be interesting, particularly since the council's newly hired, high-priced Miami attorneys will be out to prove that they're worth their "big bucks".

The second objective is actually impossible to do! - There's just no way that POP can express the appreciation for the way you good folks out there stepped up to the plate and began hitting home-runs for POP. Without your generosity POP would not have been able to accomplish all those mailings. But even more importantly, the hundreds of notes you sent in with your comments and encouragements were truly what made our work worthwhile. I plan to make a collection of those remarks and will post them on this website for your own info. It would be such a pleasure to meet individually with each of you...Perhaps one day, when political sanity is restored to Marco Island, POP will be able to host just such an opportunity!

Meanwhile, please keep yourself informed of the changes that are beginning to form on Marco Island's horizon. The defeated STRP funding plan and the promised defeat of the Tucker/Minozzi motion to extend their terms by eight months show that Marco Islanders are becoming fed up with a preposterous government. Hopefully the upcoming city elections promise the departure of a city management group that has overstayed its usefulness, its respect and its welcome. POP's charter amendment, if approved by the voters, would assure that this doesn't happen to us so easily again in the future. An aroused American citizenry historically has always been awesomely effective, has it not?

Russ Colombo, Chairman
Preserve Our Paradise (POP)

City Retaliates Against Councilperson DiSciullo

The City of Marco Island retaliates via it's publicity arm (a.k.a. the Naples Daily News) ...


(click the image to enlarge)

Anyone Surprised?

Dear Editor,

A few days ago I was shown a draft “yellow sheet” used for city council meetings, which supposedly was sent to a Marco Island City Councilor regarding the expediting of two more sewer districts (Lamplighter and Sheffield) of the STRP program at the July 16 “called” meeting of the city council. At first, I thought it might possibly be a fake.

Having just received an on-line copy of the agenda for the 16th where, in fact, this item is on the agenda, I must wonder why only certain councilors are given advance knowledge of upcoming agenda items; others not. I recently complained to City Manager Bill Moss about this very issue regarding the need for a “called” meeting to deal with beach vegetation for July 16. I never received a final response to several email exchanges.

I, personally, am fed up with the obvious machinations of this administration (look at the tape of the June 18 council meeting regarding extension of the election date to November, 2008; if you don’t think that was a “set-up” then you really were born yesterday).

Just to put those in this administration on notice, I will call for a “forensic” audit when the guard changes this February. Committing money that the city does not have, in my opinion, is not only being fiscally irresponsible, but may be downright illegal.

Chuck Kiester
Marco Island City Councilor

Lessons on Progress

With the campaigns for city council barely underway and heading towards an indeterminate date, there are already calls for the candidates to continue with the island’s “progress”.

Those that are seeking more of the same must view where we are today as a marked improvement over where we were from the time of the last election. Or since when the present governance took control. Or perhaps since the Mackle brothers first set foot on Marco Island.

While some call for the candidates to continue with the “progress”, quite a number of citizens have noted a lack of progress or progress in the wrong direction, and have voiced their utter dissatisfaction with many aspects of the present governance’s deeds.

Clearly, there are two diametrically different points of view of where we are as a city today. Why this dichotomy of viewpoints on Marco Island?

In science and as in business, programs or endeavors without metrics, benchmarks or milestones can not be measured objectively. In such cases any evaluative associative description is subjective and therefore argumentative. This is especially so when goals are amorphous and accomplishments serve dramatically diverse or questionable purposes. Namely, one person’s triumph is another person’s abject failure.

And that is case with governments in general, and with the present governance on Marco Island in particular.

The city has undertaken myriad programs without the means to evaluate their success (or failure), while it has undertaken some programs with the ability to objectively gauge the outcome. The STRP is a prime example of the former, while the purchase of the utterly useless “blue man” is a prime example of the latter (note: if the purpose of something is to have no use, then when it serves no use, its purpose is served and must be objectively judged as being a success). Some believe that the STRP is progress, while others think quite the opposite. Some believe that the "blue man" is an utter waste of taxpayers' money, while others believe that funding the arts is a social obligation.

Hence some argue that Marco Island has made “progress” and is better off today than some time in the past, while others argue that we are much worse off. Fair enough - the diverse opinions and points of view are understandable. And should be encouraged.

What is not understandable is how anyone who values or appreciates the basic foundations of democracy and human decency can claim any progress irrespective of the inability to make a value judgment. For us on Marco, to read some making calls for more “progress” given the present governance’s unquestionably abysmal track record for obeying laws or for disrespecting the citizenry is undeniably utterly repulsive.

To suggest more of the same via praise is tantamount to affording accolades to Mussolini because he made the trains run on time. Or it’s like claiming that Hitler made “progress” because he turned a ruined nation into a highly efficient world power. Or better yet and more in tune with today’s times – its like praising Castro because his modality for social engineering brought about one of the highest literacy rates in the world through a grade school educational system light years ahead of ours (at an infinitesimal fraction of the cost too!).

No one of conscience or with a rudimentary education can issue praise and call for more of the same “progress” when the institutionalized policy by those who promulgated the “progress” harms people, violates laws or imbues denigration on the citizenry. One would think that anyone with scruples, or anyone smarter than a fifth grader would dismiss any arguable “progress” when such “progress” is not only founded on opinions, but derived at the hands of a governance that commits illegal, illicit and immoral acts.

What is even more unclear is why the people who espouse such prostituted views are even acknowledged. Acknowledging such individuals and engaging them in any way is ludicrous an insensible. As if we needed yet another analogy, reading or responding to such stupidity is like engaging those who put the Holocaust in perspective because of the “progress” made in the interim.

Understand that there is dissipation in engaging these individuals who by calling for more of the same “progress” show how they sold their souls to politics and money and hatred – a lesson learned long ago by the interminable list of victims left by the “progress” of the governments mentioned above.

Those of you who even read the inanity from the present governance’s propagandists would be better off learning the same lesson.