FBI asked to review MIPD’s asbestos investigation

The U.S. Department of Justice has asked the Federal Bureau of Investigation to review the handling of the Marco Island Police Department’s investigation of asbestos on the island.

Marco Island Police Department detective Linda Guerrero, center, talked with former CARES chairman Ed Foster, left, and 'Butch' Neylon on Oct. 26 about asbestos found on the Veterans Community Park property.

Photo by Ed Bania, Eagle staff // Buy this photo

Marco Island Police Department detective Linda Guerrero, center, talked with former CARES chairman Ed Foster, left, and "Butch" Neylon on Oct. 26 about asbestos found on the Veterans Community Park property.

Assistant United States Attorney Douglas Molloy stated in a letter dated April 2 that he forwarded a citizens complaint related to the asbestos issue to the FBI for review.

Items that are part of the complaint include a letter signed by more than 50 Marco Island residents and mailed to Molloy’s office in Fort Myers, the State Attorney’s Office in Naples and Collier County Sheriff Don Hunter. Other materials include supporting documents of the complaint and a list of Web sites showing other documents and videos related to the asbestos issue and investigation on Marco Island.

"Butch" Neylon, one of the residents who signed the letter, said the package of materials was delivered to the FBI.

Neylon said Molloy advised him to ask MIPD detective Linda Guerrero to call FBI Agent Kevin McCormic of the bureau’s Naples office.

Neylon sent Guerrero an e-mail Wednesday about Molloy’s request and the department’s investigation of the asbestos found on Veterans Community Park. The site is located on Elkcam Circle and Joy Circle.

Marco Island Police Chief Roger Reinke on Thursday said he did not believe the situation comes within the FBI’s jurisdiction.

"The Marco Island Police Department’s investigation involves a state law violation of illegal dumping. The Federal Bureau of Investigation does not investigate this type of crime," Reinke said. "A citizen’s statement claiming that the United States Attorney’s Office wanted to pass a message to the Marco Island Police Department to call an FBI agent about this investigation is ludicrous and is not a reason for the police department to do so.

"There is a proper protocol that law enforcement agencies follow when cooperating on investigations and this protocol does not involve passing messages through non-law enforcement sources," Reinke added.

The letter states that the parcel is "contaminated" with the material. The letter adds that Marco Island City Manager Bill Moss and Police Chief Roger Reinke said publicly that the asbestos was "planted" and a crime had been committed.

It also refers to a Marco Island City Council member publicly stating during a city council meeting that photographic evidence exists proving asbestos was planted at the park.

Councilor Glenn Tucker made the statement during a meeting.

According to the complaint, Moss, Reinke and the councilor have explicitly implied that the asbestos was placed at the site by citizens of the island.

"To suggest that citizens of Marco Island planted this material is ludicrous," Neylon said.

The Marco Eagle reported in the Oct. 27, 2006 issue that Reinke appointed Guerrero to investigate the asbestos on the site. No results of the investigation have been announced to date.

The complaint letter states that a city contractor crushed asbestos/concrete pipe at the park site. It states that the asbestos being at the park was a result of the misconduct and/or negligence of the contractor "that was subsequently hired to clean up that plot of land — three times" by Moss.

The letter continues, stating that the contractor intentionally or inadvertently putting the asbestos on the site contradicts the statements made by Moss, Reinke and the councilor. The letter states whoever was responsible for the asbestos being on the park may never be known and that the person or persons may never be prosecuted.

The document requests a criminal investigation of the MIPD’s investigation into the asbestos, who or what organization placed the asbestos on the site, and the accusations of crimes by citizens by Moss, Reinke and the councilor.

Marco Island City Manager Bill Moss said Thursday he has had no contact with the FBI regarding the agency’s review.

"This is a matter of an ongoing investigation by our police department," he said. "They may be in contact with the FBI."

The signed letter from citizens to the U.S. Attorney’s Office and other agencies outlined the incident of asbestos concrete pipe material being found at the park.

Moss added he has not seen any documents allegedly provided by citizens.

"It appears to be just more nonsense," he said. "They have failed through the political process. They have failed through the legal process in court. And they are now making a futile attempt to get others in trouble so that they may reach their own personal agenda."

"The purpose of directing this letter to all of you is to seek, as we are entitled by law, investigations by agencies not complicit in the above noted affairs," the letter states.

Marco resident Roger Hall also signed the complaint letter. He noted that the city approved a contract with Quality Enterprises to clean up the park property of asbestos material.

Hall and Neylon alleged that Moss and city officials needed to make sure that the investigation of asbestos was deemed "inconclusive" so that the city could give Quality Enterprises the opportunity to remove the material from the park and regrade the site.

"As a result, the new contract gives Quality $950,000 of Marco Island taxpayers’ money to clean up the Veterans Community Park site," Neylon added.

Hall said he spoke to Guerrero on Wednesday. He claimed the lack of an aggressive investigation into the asbestos at the park enabled Moss to "push through a settlement that amounts to nothing more than a financial windfall to Quality Enterprises."

Hall said Guerrero replied that she knew the contractor placed the asbestos material on the site, but could not prove it.

"She said she needed an eye witness," Hall added.

Guerrero and MIPD Capt. Thom Carr did not return phone messages and e-mails requesting comment.

Molloy was in a court proceeding and not available for comment. McCormic was out of his office and not available for comment.

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Comments » 32

MarcoNo1 writes:

Foster and Neylon the conspiracy twins strike again! When will these two get on with their lives so the island can too? Don't tell me, I am missing all the intrigue and real criminal skull duggery. I wonder if after using every scare tactic, ad hominum attack and flimsy legal flim flam, they realize they have done more to drive down property values than anything they accuse the City of. Not to mention the legal fees we are paying. The arrogance amazes. Why don't you both run for office and see what the world really thinks of you. But then we would lose your theater of the absurd.

conchsoup writes:

The city has photos of the site after the area was professionally cleaned. It was mapped out with stakes so photos taken showing the cleaned up site could prove there was no pipe left--and in fact they show there were NO pipe pieces anywhere to be seen. Each stake has a close up of the area around it and there were no shards or anything else to be seen. When pieces of the pipe showed up soon afterward, laying next to a stake, on top of an area photographed days before, (next to the sidewalk conveniently-so no one needed to walk on the newly raked cleaned up area)-it was obvious that the pipe was put there.

Now it does not look good that Ed Foster, the man sueing the city about the asbestos (and sueing it because de disagreed with the septic tank replacement program by the way-so he appears to have a motive) was found to have bags of the asbestos pipe chunks stored in his garage. He does not dispute this.

Why is it so difficult to think that a council person, knowing about these photos, knowing that they show the pipe was not there one day and then there is pipe showing up days later. A reasonable person could see this as phographic proof that the pipe was planted. (Albeit-circumstantial).

businessguymarco writes:

If something is being "covered up" in the PD or City Hall, the FBI and U.S. Attorney's Office will find out! Thank you Mr. Bania for letting us know about this!

Marcoite writes:

Conchsoup, we are not talking about a few pieces of pipe. Truckloads of asbestos laden fill have been removed in the clean up process and "the park" has not yet been declared clear and safe.

Ed Foster kept some of the evidence.. we should thank him.

I agree with businessguymarco - let the FBI and the U.S. Attorney's Office do a proper investigation.

happyharry writes:

I have an idea that the "FIGHT HAS JUST BEGUN"

All of you that think everything is O.K. because Moss says so.......are in for a surprise.

sailingby writes:

Yeah, yeah, yeah. We've been hearing the sky is falling, the sky is falling from you guys for over a year. You have been wrong every single time!

This is still all about you trying to undermine the city management in order to stop the septic tank replacement program.

You will stop at nothing. You cannot admit to having lost this battle.

You seem determined to burn down the town if you can't have your way. And you're proud of this?

There is no threat from the "asbestos" pipe fragments. (Just ask Foster who lived with the stuff in his house) Independent scientists have monitored our air quality at the site and there was never a dangerous reading.

But you know this. You are just bond and determined to be a throrn in our city management's side.

It's Easter for crying out loud. Go hide some eggs and be glad you get to celebrate the new beginnings springtime symbolizes.

happyharry writes:

Marco Island City Manager Bill Moss said Thursday he has had no contact with the FBI regarding the agency’s review.........YET!!

happyharry writes:

If the City Manager had nothing to fear from the FBI, he would have said,

"I welcome the authorities to come to Marco Island and I will open City Hall to them, and assist them in their investigation, which will ultimately prove to everyone that there has been no wrong doing in my administration"

Instead he said.........

"It appears to be just more nonsense," he said. "They have failed through the political process. They have failed through the legal process in court. And they are now making a futile attempt to get others in trouble so that they may reach their own personal agenda."

You make your own mind up......if you can!!

happyharry writes:

Sorry...correction to the above.

If the City Manager had nothing to fear from the FBI, he "SHOULD" have said,

happyharry writes:

vashark1

YOU NEED HELP!!

strike3 writes:

This only can improve. Holy @hit!!!!!I PRAY, I PRAY,!!!! I PRAY!!!!every day......THAT WHEN I GET OLD I HAVE ENOUGH MONEY AND SPARE TIME SO ALL I HAVE TO DO IS FU@K WITH PEOPLE FOR FUN!!!!!!

strike3 writes:

VASHARK 1,

CREDIT GIVEN WHERE CREDIT DUE!!!!!!!

Islandvisitor writes:

MY MARCO ISLAND VACATION

1. Plane fare $325

2. Hotel $1,150

3. Listening to morons
destroy their owne city. Priceless

strike3 writes:

islandvisitor,
you came here for vacation and spent your time reading the Marco Eagle on line? What a moron. Next time just stay home and watch c-span.

Lolala writes:

The MIPD Chief claims the FBI has no jurisdiction? Actually, they do. DOJ is responsible for the investigation of corrupt police and municipal activities when local and State authorites fail to do so. They are also the investigative authority for the enforcement of Federal Laws. Asbestos dumping is a Federal concern. The FBI is the investigative arm of the DOJ. Does corruption exist in MIPD? We are about to find out. The smoke has been curling above the Marco Island sky line for quite sometime now. It is there for all to see and some of us have been choking on it! Our Council has been reluctant to put the fires out so someone has called in the Feds. They don't normally respond unless there is evidence that is creditable. Expect plenty of collateral activites to be exposed while the fires are extinquished. There has been speculation that the MIPD Chief has a torrid personal life, that the CM has failed to supervise him, that contracting activities of the CM are questionable. Hopefully, our citizens will be able to see through the home rule fog our CM has built to protect himself. The Chief looking for a new job and the City Attorney deceiding to not renew his own contract may validate the opinion of many that all is not right in Marco Island. It is unfortunate, but our City may yet be the model for another Porky's film. We have the charactors, now all we need is the proof.

marcobigguy writes:

You are quite the drama queen Lolala. No, I think the carpetbaggers will continue to file s-----, baseless complaints with every agency in the phone book just so that they can get that cursory "we'll look into it" letter that will then be flaunted as "proof" of something sinister going on, which will then be reported on by a gullible reporter. These silly antics are getting quite predictable, and the adults are growing weary. You can continue to try to muddy the issue from now until June 26. The fact remains that the majority of this island will vote "YES" for the $10,000 cap on the STRP assessments because it is in their own best interest to do so. And not even you can convince them otherwise.

15yearsmarco writes:

So how much money did we save using the park as a staging area?

MarcoAvenger writes:

Is this a joke? The F.B.I. asked Neylon to have Guerrero give them a call. I am not sure of proper protocol, but I have a feeling that if the F.B.I. wanted to talk to someone they would arrange for it themselves. This group of people is out to destroy the Island as well as the reputation of anyone who opposes their beliefs.

MarcoAvenger writes:

Ed Foster and Butch Neylon the F.B.I. field office has requested you contact them in regards to the asbestos found in Ed Foster’s garage.

lauralbi1 writes:

This is GREAT!!!!!!!!!!!!!!! Keep it up Butch. I talked to two neighbors this morning that had been on what I consider to be the "dark side". They have finally seen the light. I suggest that all of you that disagree with these tactics copy the article and show it to friends and neighbors that had been skeptical before. These last couple of actions that Butch has pulled really show how this effort has no concern for the future of Marco Island whatsoever. Two of my neighbors have now come around and see the "error of their ways". I am providing my e-mails and testimony to Mr. Molloy pertaining to my original request to have the City do something prior to the Hurricane about the pile of wood chips on Site C. I will inform him that the City requested QE to cover the pile and this is how the original pieces of pipe got on Site C in the first place. That is what I can contribute to the investigation.
But for the rest of you, spread the word. Show this to Realtors, business people, anyone who lives here that does not read the paper. This is not news. I am also sending this to Scripps to show how manipulated the Eagle is by Mr. Neylon and Mr. Bania.
Anyone that feels the same way should do the same!!
Ed Issler

Islandvisitor writes:

Frankly strike3 It does not take much time to read the Marco Eagle on line and its amusing. I have come to look forward to a relaxing evenings reading your kindergarten gibberish. Please tell me, why would any sane person act to drive the price of real estate down so someone like me, a tourist, can pick up the peices whet the market hits the bottom. It is beyond comprehension.

Keep up the good work strike3.

imgoingbroke writes:

hmmm.. islandvisitor sounds an aweful lot like ilovemarco (aka tarik assylum).
could it be ? naaaaaaaa....

profrommiami writes:

Being from Miami, we know about crooked politicians and government officials. It's in many places. Maybe the concerned citizens are right. Either way, it's good that you've got a reporter like Ed Bania with the guts to write about it. Maybe there's sometime going on in Marco. Some friends say money to an overseas bank account. With the bureau coming in, now's the time to see. Maybe city department workers and citizens that know someting better come forward. Work a deal. It could save you a jail term.

Lolala writes:

islandvisitor is not a visitor at all. A few weeks ago he claimed he had left what he called "the armpit" and returned home. Now he is back again? This is probably Popoff having some fun.

Islandvisitor writes:

Just in case some of you dummies are not aware, internet service is worldwide. You people really should get out more often.

businessguymarco writes:

Got information? Then call the Ft. Myers office of the FBI with information and left a message or call Mr. Molloy at the U.S. Attorney's Office in Ft. Myers

strike3 writes:

islandvisitor,
You are a moron!!!! None of this is hurting the real estate market. It doesn't help. But none the less. Nation wide real estate speculation fueled markets nation wide. Some ares more than others. Hence the volitility. This will become more profound in years to come. Add to that the banks would lend to anyone with a pulse. (you not included) The market has lost 50% from the peak or it will by year end. Please don't buy here!!! FL needs to help itself buy doing some things.

A. reduce taxes and make it cheap and inexpensive to retire here.

B. Fix the insurance rates and problems.

C. Bring high paying jobs here along with infrastructure!!!! A.S.A.P.!!!!!!!!!!!!!!

strike3 writes:

islandvisitor is telling us to get out more. he came here on vacation and just read the paper. what a tard.

Islandvisitor writes:

Very good strike3, kudos to you, I did not think you had the ability of rational thought. Or did you read that in the newspaper somewhere, it looks vaguely familiar.

But anyway, I think I'll just go with the self-distruct rumor and waite, it appears to be the most popular reason for the down turn in the R. E. market on MI. My
broker tells me it has not hit bottom yet.

strike3 writes:

Islandvisitor,

again all this has nothing to do with the real estate market. The market is the same all up and down the west coast of FL. Your R E broker is correct, this is not the bottom yet though we are close. By the end of the year we will find bottom. On a different note. I wonder when Moss will join Reinke in the search for a new job?

talktome writes:

THE NEVER ENDING STORY JUST GOES ON AND ON.

strike3 writes:

Maybe STRIKE3 need to run for council???

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