City Sues State (Again)

Your City at Work:

(click on image to enlarge)

Elsewhere in Florida (where else), in another suit where bond validation is sought for another "public works project", a direct quote from a real lawyer representing the citizens:

Frank Schnidman, an attorney for the plaintiff, said he and others see a growing problem with government spending on big-ticket items without voter approval.

“It is beyond arrogant to say you don’t need to get the voter permission to spend billions of dollars,” he said. “How can you be so arrogant as to say buying this land is so important that it overrides the right of people to vote on how their tax dollars are spent?”

Really?

Why Marco Island Syndicate Was Not Prosecuted ...

Has anyone (outside of the syndicate of course) ever wondered why the syndicate and their minions were never federally prosecuted for the environmental crimes they committed on Marco Island?

In part, here is the answer:

"The most generous possible explanation is that EPA managers were stunningly incompetent," said Subcommittee Chairman Brad Miller (D-NC). "But it is possible that the explanation is more sinister. The EPA ignored their own careful plans and abruptly closed libraries, limited access to the public and EPA employees, and just threw away documents that may be irreplaceable. The EPA’s ability to protect the environment and public health is badly compromised as a result."

Results of Super Poll #5 !!

We are please to report the results of the only independent, and automatically tabulated, poll on Marco Island.

The Marco Island BLOG is not a business, is not a "civic" organization and is not associated in any way with any special interest group.

The poll ran for approximately two weeks with over 1,500 separate votes being cast.

Thanking all of those who took the time to vote!

Click on any chart to enlarge. Enjoy!
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And Now What?

Assuming that the syndicate and their minions in the "staff" and on the council don't torpedo the septic-to-cistern program, all residents with a soon-to-be decommissioned septic tank can save on their water bill, save the $1,000+ from not having to destroy their septic tank and more importantly, save water.

But this victory – yes, a victory since the "staff" has acknowledged it fought this idea – has raised some interesting questions. Namely,

1. What to do with those homes that are on a soon-to expire deadline for demolishing their septic tank (and their front lawn in the process)?
   
2. What about those homes that already have had their septic tanks unnecessarily destroyed?
   

Yes, we prove unnecessarily destroyed because the city organs (both present and past – as if they were distinguishable) knew of this program quite some time ago. To wit, from the State of Florida:

The application for the latest WaterSIP is online now [WaterSIP is the septic-cistern rebate program]. Since the program was created in 2002, the District's Governing Board has invested $3.4 million in 116 projects that saved an estimated 5.8 million gallons of water a day. That's enough water to meet the typical daily needs of approximately 32,400 South Florida residents.

This blog has confirmed that the "staff" had been repeatedly made aware of this program. Additionally, there are records confirming that the city staff and the city council were made aware of the septic tank-to-cistern benefit even before the STRP started. And lastly, this very blog raised the specter quite some time ago that ordering the destruction of private property without due compensation is unconstitutional per the 5^th Amendment to the U.S. Constitution (popularly known as the eminent domain clause)¹ and the 14^th Amendment to the U.S. Constitution (popularly known as the due process clause);

But as it is with all immorality, the consequences appear repeatedly, at times unexpectedly, and always pose intractable moral dilemmas.

In this case, what will the city do for those homeowners that were intentionally denied an opportunity to save money and water, were forced to unnecessarily destroy their septic tanks, and had their constitutional rights violated?

Even if one were to argue that instituting a federal lawsuit against the "staff"/city/syndicate would consume years and treasure and hence should be avoided, what does one say to those that unnecessarily destroyed their septic tank, and could have saved money and water if only the "staff"/city/syndicate would have simply revealed a program that they knew about?

And by the way, there have been scores of other water conservation programs and grants both at the federal and state level that could have been pursued – compounding the abuse.

Here is what the city should NOT do – form yet another committee plagued with the usual suspects to arrive at the expected conclusion.

How about a Bernie Madoff-style outcome: all of those in the "staff"/city/syndicate that had anything to do with this conundrum, indict them, and strip them and their families of all possessions to compensate those that were wronged – for after all, what is the difference between not being forthcoming to investors and hence denying the investors their money as opposed to not being forthcoming to citizens and denying the citizens their money?

How about a South Africa-styled Truth and Reconciliation Commission where the "staff"/city/syndicate publicly apologize, we all forgive them and just move on?

Since these suggestions are akin to the meaningless clinging to the pipe dreams of The Iceman Cometh, then, as to those who were unnecessarily forced to pay for the destruction of their own private property and denied money and water savings, now what?

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Footnote 1:

For the syndicate lawyers: the 5^th Amendment does state “… nor shall private property be taken for public use, without just compensation”. But a Supreme Court decision stated “… that a public use does not have to mean public occupation of the land; it can mean a public benefit.” And syndicate, by your own repeated ad nausea statements, septic tanks had to go as a public benefit because … “There be fecal in the waterways”. Ordering the destruction of private property, without compensation suffices to violate the 5^th Amendment.

Open Reply to City Staff’s Email: Septic to Cistern Savings

The state of Florida has recognized and proven the value of converting septic tanks to cisterns. To that end, the state agency responsible for this process has submitted rule changes removing the need to get a variance for such a use.  The new regulations with the appropriate documentation have been forwarded to Councilors Kiester and Recker. Additionally, albeit irrelevant at this point, the state would have granted us the variance if we had requested such a variance – despite the city staff asking that no such variance be issued.

Hence, the staff's objection that no variance would be forthcoming has been rendered irrelevant.
 
In the staff's March 19, 2009 email to the council, item 2 estimates that there would be a savings of $8.31 per thousand gallons of water collected and used.  However, this "savings" does not recognize that the recharging of the cistern and subsequent use of it's water will occur repeatedly, especially during the conservative estimate of a six month rainy season.  If one assumes a highly conservative average of recharging 10 times per month for just these six months, each one of us would save 60,000 gallons per year for a savings of $498. Add the 14% surcharge for a total savings of $568 per year per homeowner.  Based on the cost to convert, net of the grant, this savings will pay back the homeowner within the first two years.

But the staff's email fails to account for the most costly consideration: by using our existing septic tanks as cisterns, we don't destroy the septic tank and hence we don't have to pay the approximate $1,000 to destroy it!

Hence, the total monetary savings to the homeowner in the first year is approximately $1,568! Clearly, these savings will more than recover the conversion costs that are not covered by the grant.
 
If 1,000 homes would take advantage of this program, this would result in an annual savings for our homeowners of $1,568,000 – and more, as water rates will invariably increase in the years to come.
 
More importantly, the same 1,000 homes will save 60,000,000 million of gallons of potable water – the most precious resource to Marco Island and Florida.

Please help conserve water and our money in these difficult times by petitioning your councilors to effect this program now, as we are running out of time.

Letter to SFWMD: Septic->Cistern Opportunity

yesterday whilst our call you were kind enough to offer "if there is anything else i can do please contact me" . i would like to take you up on your kind offer if you dont mind.

regrettably, my request that the city of marco island take advantage of the cistern grant opportunity (my wording) has been instantly politicized both by the city and by certain citizens.

i and others are not interested in the politics, who said what when, who is to be held accountable and who is not, the ulterior motives for the city staff wanting or not wanting to pursue this opportunity, and the customary obfuscation endemic to the island.

my goal and of others is simply one of conservation. i am a life-long floridian, that has work all my life to protect our environment (in fact, as part of my doctoral studies i helped design and implement a database of everglades environmental measures for big cypress, worked with nasa/eos remote sensing data measuring coastal chlorophyll levels, and much more ...). all i and a few others are interested in - as to this matter - is to take advantage of an opportunity to save water: nothing more, nothing less.

i have contacted the honorable councilor mr. kiester who has requested that the city pursue this venue. i have made the opportunity public - this is a direct link to what i posted (http://marcoislandblog.blogspot.com/2009/03/grant-money-to-save-convert-septic.html#links) - nothing but the facts with a plea for help.

it is clear that others in florida have taken advantage of this opportunity who are equally desirous in conserving our most precious resource by professionally converting decommissioned septic tanks into cisterns. we simply ask that you help us negate the city's political morass through promulgating the simple process by which to take advantage of the grant and thereby help us effectuate this opportunity for conserving water.

please help us.

thank you once again for your consideration.

Grant Money to Save & Convert Septic Tanks

There is a grant program available through the South Florida Water Management District that saves our septic tanks for use as cisterns. Other communities in Florida have taken advantage of this superb opportunity.

The way the program works is that instead of destroying the septic tank when the house hooks up to the sewer line, the septic tank is professionally converted to a cistern. The tank is "sterilized", after which rain water from the gutters is directed into the septic tank – now a cistern – for storage. Then, instead of consuming (and paying for) our most valuable resource – water – from the water utility, we use the rain water in the cistern.

Check out these links:

• Another community that took advantage of the grant and is presently implementing the program: CLICK HERE
  
• South Florida Water Management District Water Savings Incentive Program: CLICK HERE
  
• Water Savings Incentive Program Quick Facts: CLICK HERE
• Pre-Proposal Presentation: CLICK HERE
  

What is the catch to apply for the grant? Well, none, other than the "staff" at the city of Marco Island failed to act upon the notification of this great prospect despite having been noticed several times in the past. Namely, the opportunity to save our septic tanks and more importantly – to save water – has been up to now ignored.

But there is good news. The City of Marco Island still has time to apply for this grant. The deadline is April 23, 2009.

Can the City PLEASE act urgently to take advantage of this excellent opportunity?

WSJ - Crist Cowers on Education

So what else is new?

CLICK HERE FOR WALL STREET JOURNAL ARTICLE

If Only CCSB Would Get It

To be more precise, if only the superintendent of the Collier County School District would get it.

New federal approach to education - watch and listen carefully superintendent:



The approach to improvement: Close failing schools, open and encourage good schools.

But yet, here in Collier, we worry about open seats (wonder why the seats are open and wonder why we worry more about seats than education?) and worry about offending those that survived the failing schools (nobody seems to worry about the students that did not survive or were not educated) and prance out politicos highlighting some none-educational accomplishment of their children so as not to upset the status quo.

Without a fervor of continual parent activism, yes activism, even this great opportunity at the federal level will not make it to the good ol' boy county.

Real Letter to IRS - From Last of the Americans ...

Dear IRS,
I am sorry to inform you that I will not be able to pay taxes owed April 15, but all is not lost.

I have paid these taxes: accounts receivable tax, building permit tax, CDL tax, cigarette tax, corporate income tax, dog licence tax, federal income tax, unemployment tax, gasoline tax, hunting licence tax, fishing licence tax, waterfowl stamp tax, inheritance tax, inventory tax, liquor tax, luxury tax, medicare tax, city, school and county property tax (up 33 percent last 4 years), real estate tax, social security tax, road usage tax, toll road tax, state and city sales tax, recreational vehicle tax, state franchise tax, state unemployment tax, telephone federal excise tax, telephone federal state and local surcharge tax, telephone minimum usage surcharge tax, telephone state and local tax, utility tax, vehicle licence registration tax, capitol gains tax, lease severance tax, oil and gas assessment tax, Colorado property tax, Texas, Colorado, Wyoming, Oklahoma and New Mexico sales tax, and many more that I can't recall but I have run out of space and money.

When you do not receive my check April 15, just know that it is an honest mistake. Please treat me the same way you treated Congressmen Charles Rangle, Chris Dodd, Barney Frank and ex-Congressman Tom Dashelle and, of course, your boss Timothy Geithner. No penalties and no interest.

P.S. I will make at least a partial payment as soon as I get my stimulus check.

Ed Barnett

Wichita Falls

Intolerance

The esteemed prize-winning Peruvian author Mario Vargas Llosa just yesterday posed this question to all democratic institutions of the world:

"What could compel a man who is not stupid to say stupid things?"

His immediate answer:

"Intolerance and lack of culture".

One need not go to a far away land with a nascent democracy to find intolerance. We are entreated to a continual stream of intolerance by the mostly seemingly non-stupid people in power right here on Marco Island.

The intolerance is manifest with backroom secret deals a la putting a power grid on a tract of land deeded as "School Site", since publicly discussing the arrangement would not be tolerated by the syndicate. Hence, to cover up their intolerance to the voices of the people who they disagree with, the intolerant spew utterly stupid comments like "… driving children to Tract K to watch solar panels is educational".

Most of those suffering through years of intolerance by the ruling syndicate have for all practical purposes given up or ignore what Sr. Llosa calls "stupid things". Others still take it seriously.

Why would anyone accept intolerance is a mystery, other than perhaps to be entertained since many of the stupid things uttered by the syndicate and their pawns on the council are just hysterically funny at times?

But more intolerance is coming. Just this week a "discussion" is to ensue regarding Tract K. But with limited or no public comment, namely INTOLERANCE, because God forbid anyone who is on the protected species list (no, not the burrowing owl that conveniently disappeared from the middle of the asbestos dump) may become offended, or the discussion on the subject become further inflamed because of the … truth.

An aside:

Question: why can the burrowing owl in the middle of the asbestos dump be moved so as to cover up asbestos dumping and later build an empty park, but the eagle in the middle of Tract K cannot be moved to build a school?

Answer: the syndicate doesn't make money off the school.

Compromise: Give the syndicate a 99 year lease on the vending machines in the new school

Actually, the intolerant tact is one of self preservation. If open discussion on the future of Tract K is allowed, enraged syndicate operatives (especially those in the council) fueled by their testosterone may spew more "stupid things" akin to further prostituting their children because they play tiddlywinks at a certain high school or because some child "survived" at a certain high school, or because a huge high school offering every sport ever conceived (including Gang Olympics and Drug Trafficking Shot and Put) is the new American Way, or because the truth would hurt those that attended, may have attended, may attend, could attend, should have attended or imagined to attend a certain high school.

Does one see the logic now? Intolerance forces presumably "a man who is not stupid" (that may have graduated from a certain high school) to emit exasperatingly asinine and inconsequential comments. Hence, to avoid these gaffes, they disallow any opposing comments. (Boy, did they learn their lesson with the "There be [sic] fecal in the waterways" and "Swamps have Hydrogen Sulfide" blunders.)

Isn't democracy and intolerance mutually exclusive? Imagine if the founding fathers of this great waning experiment were so intolerant.

Councilperson Insults Local Citizen (AND All Those Who Can Read)

One with conscience and integrity would never have welcomed the landslide re-election of the syndicate to the city council … until now. Because after all, if these pseudo-intellectuals would not have been “elected”, we would not be so entertained by being entreated to the most inanely bizarrely vacuously sanguine musings since Hermann Göring’s rants at the Nuremberg trials.

With an unquestionable first grade understanding after having thumbed through the “Don Quixote for Idiots” version of Miguel de Cervantes Saavedra’s tome, a councilperson seeks to impugn the motives of a local resident exercising a constitutional right – an intolerable act to these “elected” councilors – by blathering the most prostituted interpretation of El ingenioso hidalgo Don Quijote de la Mancha ("The Ingenious Hidalgo Don Quixote of La Mancha") since the masterpiece was written 404 years ago.

Lest anybody takes what is “written” by the councilperson as a correct interpretation of Don Quixote’s travails, consider but just a microcosm of the reality which is the novel. This classical work is a satire of truth and convention, and through what today’s talking heads would consider cynicism, challenges certain humanistic tenets. The seeming fatalistic approach of tilling at windmills – imaginary enemies – by the Don serves to accentuate the futility through a series of spoofs of much of what we do for reasons that serve utterly no practical purpose whatsoever. At the time the work was written, chivalry was king; akin to today’s pompous power grabs founded on ignorance, ergo the novel’s staying power. Nearly everything in the work is farcical, even the names – the horse’s name Rocinante in the classical Spanish (Castilian) idiomatically translates into before a low-quality nag (now, re-read the novel and see how hysterically funny this is); and Dulcinea translates into an allusion to an illusion – namely, she never existed.

As one can see, the metaphor of using Don Quixote’s Dulcinea to denigrate the local citizen is so grotesquely inaccurate that it boggles the mind. Unlike Don Quixote, the local patriot doesn’t till at imaginary enemies – the syndicate is real, the failed and bankrupting STRP is real, the buried asbestos is real, the pulverized asbestos not a mile from two schools is real, the millions of gallons of toxic effluent dumped into the waterways is real, the spewing of noxious gas covering entire neighborhoods causing 900 residents to seek medical attention is real, a compromised FDEP is real, exposing a backroom deal to commercialize Track K is real … should one continue?

Can anyone be so obtuse that in an attempt to come across that they are literate, that they actually prove unequivocally that they are illiterate? Is this how these folks entrusted with the city study the legislation they vote on? Seems so.

By the way, Sancho Panza is Don Quixote's short, fat and utterly illiterate sidekick that is promised governorship of an island but is so uneducated that he willingly goes along with his handler believing that the promise is for some prize. Remind you of any councilperson?

For those interested in the original version in the original Castilian, please contact this blog – as we have a copy.