MARCO ISLAND — Asbestos failed to insulate Marco Island’s city manager from the heat generated by the Environmental Protection Agency’s most recent letter to the City of Marco Island on Monday.
City Council added EPA’s letter regarding asbestos contamination and fines to its agenda after receiving notification last week from city manager Steve Thompson that the city could face monetary penalties.
Council chairman Frank Recker was the first to suggest council was kept unaware of any of the six letters received in 2009 regarding EPA litigation. Thompson defended his actions by stating that environmental issues were not handled by city’s legal counsel but rather by a firm in Bradenton: Lewis, Longman and Walker. The six letters had more to do with fact finding than with litigation according to Thompson.
Other councilors joined Recker’s concerns. “This is a very serious letter,” said Councilman Joe Batte. “It goes way beyond fact finding. This letter is a threat by a governmental agency against the city.”
“Somebody has to pay the piper,” said Councilman Chuck Keister. “City Council should have been kept apprised of the situation.”
Thompson said that city attorney Alan Gabriel was not aware of the EPA’s threatened litigation until last week.
Councilman Jerry Gibson defended Thompson and referred to the EPA as an agency that is trying to bully and bluff the city.
Public speakers expressed concerns about how little had been shared with council, the city attorney and the public until it was reported in newspapers.
Thompson assured council that the EPA has been contacted with a request for a face-to-face meeting. Councilors agreed that Recker and Gabriel should be present at that meeting. Attorneys at Lewis, Longman and Walker said that meeting would probably take place in about 30 days.
Marco Island and Quality Enterprises face the potential of millions of dollars in fines due to alleged improper handling of asbestos-containing cement pipe on Marco about five years ago.
The U.S. Environmental Protection Agency is requesting the City of Marco Island and Quality Enterprises meet with to reach a settlement agreement so as to avoid six formal charges against them in relation to both the contractor’s and city’s alleged violations of the Clean Air Act during the reconstruction of Collier Boulevard.
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Comments » 31
Brillo writes:
Directing the blame away from who was responsible for this to happen in the first place is not going to get to the bottom of this issue. Thompson was not the city manager at the time of this "mis-management issue". Who was he taking orders from? A rolling Thompson gathers no Moss.
condoseller writes:
How is it that the City Attorney was not aware of this matter until last week? This appears to be a breach of duty by either the City Manager, City Attorney or both. Is it he City Manager's obligation to inform the City Attorney of potential litigation as soon as a legal matter arises? Who determines if outside legal advise is required, the Manager, Attorney or City Council? Would the City be in a better position to defend against the EPA charges had Mr. Gabriel and City Council been informed when EPA's investigation began in 2009? Will the City ever understand the benefits of sharing critical information at least with each other?
From City Ordinance:
Section 4.04. City Attorney.
There shall be a city attorney, appointed by council, who shall serve as chief legal advisor to the council and city administrators and shall represent the city in all legal proceedings and perform such other related duties, as the council may deem necessary. The city attorney may be full time or part time or on retainer as the council may deem necessary. If the position of city attorney is full time, the provisions of section 4.02 applicable to the city manager shall be equally applicable to the city attorney.
(Ord. No. 02-20, § 1, 6-17-2002, referendum 9-10-2002)
deltarome writes:
Where is Issler?
I am sure he thinks this is a conspiracy by CAVE dwellers.
This is going to cost us ALL!
sailingby writes:
This is completely insane....Mario Sanchez is suing the EPA forcing the EPA's hand to come down on the City of Marco Island with help from Fay Biles "EPA Friend in Tallahassee". They sent the EPA photos and materials to try to continue this once settled case. And for what...? Revenge on the City for converting the septic tanks lining our waterways with a sewer system. Does this make sense to anyone outside the tight little group who hates losing?
dc5799 writes:
This once settled case was a cover up, and I am sure our canal,s were never polluted. This is not about revenge as you and Waldack think but it is about doing the right thing.
Thank you Mario for having the Bsss
blogsmog writes:
Dc5799, you are correct, this goes back further than the asbestos deal. The city and the local EPA were awefully 'cuddly' during the explanation of the need for the STRP. Mr. Englehart(spell?) from the Florida Environmental Protection Ageny had 'something' going on between himself, Joel & Moss. This needs to be looked into by the federal EPA.
As for the asbestos deal, that is a crying shame! That stunk of cover up from the second it happened. There are laws to protect the public from exposure to asbestos -THE STUFF KILLS! and anyone who questions the feds investigating a possible violation of the LAW, should be investigated themselves.
lauralbi1 writes:
Let's see just how "serious" the situation is. I have an appointment to get a Chest X-Ray and blood testing, which will both come up negative. Thjere is no health issue !!!!
As the future request for records will show, this entire issue is being forced by Ed Foster and Mario Sanchez and the EPA just wants to be reimbursed for having to deal with these maniacs.
In reality, every charge may, in fact, have some basis in fact, and yet, as far as the impact to "Clean Air" had no impact. If not for Mr. Foster, and NOT the Piles of dirt, there would be no issue at all at this point in time.
Ed Issler
marco97 writes:
sailingby it makes sense to me, I have young children and I would like to know Veterans park is safe before I let my kids sit on the grass to watch the Friday night movies they have there.
blogsmog writes:
Edgar, there is no test that you speak of, you are a nutjob. Please tell us all of the facility or doctor that is conducting these tests.
Once again we all wait with great anticipation for another Edgar Issler fiasco.
ajm3s writes:
Let me see when they were considering the seat for City Manager, they chose Mr. Thompson over Mr. Souza and the reasons were?
In the spirit of initiating evaluation protocol, may I suggest the following.
When Mr. Trotter develops protocol for evaluating Mr. Thomspon, may I suggest that they also, evaluate the performance of Mr. Souza under the same protocol. And may the results be made public. At the very least, it may serve as an exercise in evaluating the evaluation.
Hey that is weird, have a evaluation of the evaluation with real people.
Decisions have consequences. Two years of consequences.
blogsmog writes:
ajm3s; is that acronym for Aceri Joel Moss 3 scammers.
You make a validate point. Thompson was brought in as a puppet of the syndicate. Dana Souza is the man! He tried to bring the corruption to the public, brave man, wish he was stll here. Maybe we can get him back? Any thoughts?
ajm3s writes:
It is not an acronym, but excellent. Actually, I claim to be an independent, although I sometimes come out of the cave as told by others. And they say we are naysayers with no ideas.
Well in response, I am suggesting the return of Mr. Dana Souza or those who demonstrate his character. I use his name because he was refreshing to listen too, took a very pragmatic approach to governance and embodies what I believe this city craves in this environment. Strong no-nonsense and was impressed when he provided the council with the list of recommendations he provided Mr. Thomspson upon taking the realm.
I saw Mr. Thompson's actions and viewed against his public statements and there was a disconnect.
Need I say more.
Consequences matter.
sailingby writes:
I really am sorry that those posting here know full well that there is no contamination problem and now are perpetuating fear. Dispicable.
Brillo writes:
Issler,
I guess you read what you want. There will be nothing showing up in your blood or X-rays regarding asbestos. Asbestos does not appear in X-rays until it has caused a problem, which takes 20+ years. Check this out on the net or speak to a doctor. I did and this is what I uncovered.
Maybe someone could "dig you up in 20 years" and see if there is a problem? How stupid can you be?
Fossil writes:
Sailingby: "No contamination problem"? Let's find out. I believe the City suspects asbestos is still in the park. I recall a discussion at a City Council meeting in which the Chief of Police was convinced someone was bringing it in because he knew it was all gone but whenever he dug a hole he found more. I also recall someone from the City saying that the property was used for a storage site for the asbestos pipe when first installed on Collier Blvd. So let's dig a trench ten feet long and four feet deep, anywhere in the park area. If there is no asbestos containing material found, I shut up. However, if we find some, you stop saying it ain't so.
sailingby writes:
You are irresponsible to be throwing around unfounded accusations and needlessly frightening young families on Marco Island. It is as if you are saying "I believe that a pedophile lives near the school" with no concrete facts.
You are undermining your credibility. Bearing false witness is dangerous and destructive. You show you have no love of this island or of its people when you carry on like this.
playballonK writes:
To all my fellow C.A.V.E. dwellers, hold your heads high. CARES & the others who were labeled troublemakers by the syndicate and the elitists are now getting our due. There are tapes dating back to '04 '05 & '06 where Rony Joel admits to crushing the asbestos pipe on Collier, Several of us have these tapes, a copy of them is on the way to the EPA.
To all the Aceri goons, Lazarus, Moss, Trotter, and your ilk, get ready you're going to find out that it is better to be a CAVE dweller than a JAIL dweller
epalaw writes:
Just a word to the Marco legal team. Use what ever means you have to see if a grand jury has been assembled against you. Understanding the EPA's complexity in the case against you will save you both time and money.
sailingby writes:
These are public recordings of City Council meetings. There are no secrets involved. Joel was speaking openly about the process being used because it was approved by all agencies involved.
You are being duped Playball... there is nothing new in these tapes...And you are being sucked into attempting to destroy the City of Marco Island by people who have been against the formation of the City since its inception. They will apparently stop at nothing, including attempting to put you (and all other Marco Island taxpayers) in jeopardy for paying millions of dollars. The people promoting these ludicrous efforts are hoping to bankrupt the City and causing it to have to disolve its Charter.
It is obvious there are no lengths they fear to go to destroy this Island for revenge, for their egos and be assured, they are not doing this for your good.
playballonK writes:
sailingby; you need to take a look at whats going on here. Do you realy think the people from CARES and other groups that have fought this cities corruption are just doing it for redemption or for power? You need to perhaps get to know the Mario Sanchez's, Ed Foster, Dr Biles of the world. CARES was filled with concerned citizens who had only the best intentions for Marco Island, unfortunatly they needed to be cut down by those in charge of making Marco Island Miami west.
Mr. Aceri has surronded himself with a formidable cast of rooks, knights, bishops and pawns, but as you know if you cheat at the game,
you will loose.
jwputnam writes:
"The people promoting these ludicrous efforts are hoping to bankrupt the City and causing it to have to dissolve its Charter."
Why would they have to do that? The City is doing a fine job of it on their own.
Fossil writes:
Sailingby: Don't deflect, stay on point if you want to debate me. You claim that I am irresponsible to be throwing around unfounded accusations? I'm not accussing anyone of anything except maybe the City for not completing the job to clean up a park our children will one day play in. I make a valid assumption based upon historical events and comments made by City officials. You on the other hand maintain the view that there is nothing harmful in the park. You do so without citing any evidence to assure us that your belief is true. I ask you, the City or anyone else that wants to prove the park is safe to simply dig a trench and see what is there. What are you afraid of? I also recall the County Commissioners discussing Marco's request to transport the asbestos to it's final resting place. Prior to granting approval the Commissioners expressed concern that Marco Island did not have the expertise to accomplish this safely and wanted assurances that the County would not be held responsible for colateral liability. The County Manager assured the Commissioners that Marco Island would be held responsible for county citizens along the transport route. If the County had no confidence in our officials, why should anyone that cares believe they adequately cleaned the park? Especially since it was cleaned up by the same contractor that contaminated the park. The same contractor cited by the EPA. Remember that one of the charges in the EPA letter is that the contractor failed to adequately provide protective suits and equipment to it's workers. Videos of guest workers walking the park in normal work clothes with rakes and sticks scratching the surface and disturbing the dust while searching for broken pieces of pipe still exist. Or how about all those hills of dusty crushed material that covered the park? Although the City did eventually install sprinklers and remove much surface material during the cleanup, asbestos continued to be found after cleanup. One citizen thought maybe the asbestos was growing like rocks do in his home state. That is when the City revealed that the park was a prior construction storage site for the original pipe. Ironic isn't it? The pipe returned to where it started.
multi_million_heir writes:
If my memory is correct, an employee was named employee of the month and given a few perks at the end of the project for completing it on time and under budget. Attaboy!
lauralbi1 writes:
Again, you people are amazing. All the final clean up and disposal was done under the eyes of the EPA and/or the DEP. Soil testing was performed at various depths and locations. This was never pure "asbestos". This was concrete pipe that contained asbestos. Left untouched, no harm was done to anyone.
There were metering recordings that were running 24 x 7 adjacent to the piles of dirt under discussion. They show no airborned asbestos fibers.
Again, once we get the documentation under the Freedom Of Information Act from the EPA, you will see that this is more about Ed Foster and his ego, than about potential Asbestos exposure.
This train has left the station and nothing can be done to change it. There is absolutely no basis in FACT to have any concern whatsoever.
You can argue till the cows come home, but let's see where the real issues are once we see everything there is to see.
By the way, my appointment is for next week. Results to come.
Ed Issler
Brillo writes:
Issler,
You are the most dense individual I have ever encountered. Please don't come back to us and say nothing shows because nothing will show. The effects do not appear for 20 years. I think you should also have a brain scan, then you could let us know that nothing shows and we would then believe you only that that issue.
cmonmanreally writes:
Well stated, Brillo! Moss, Joel, Quality Enterprises, and most importantly CITY COUNCIL (at the time) are entirely responsible. Get off Thompson's back bee-yotches!
cmonmanreally writes:
Yes indeed, well said! The very same City department (along with Mr. Harrison/Mr. Moss "transferred funds" to have reports show how "under budget they were". Bogus-country!
cmonmanreally writes:
Nice job, Marco Eagle! Focus on the negative, as usual. Not but a few weeks ago, you were reporting on a great event at the very site where asbestos rests while residents and visitors alike were consuming mass quantities of seafood! You, the Eagle, do nothing but raise the blood pressure of the educated elderly and stir up the pot. Your "reporters" report crap (not knowing the facts). And, furthermore, your "editor(s)" don't even edit and get the facts. Mr. Scripps is truly rolling his grave for the way you are representing his company. Shame on you.
marcosandflea writes:
From reading the various responses from the city, Rony Joel in particular, it occurs to me that someone will be thrown under the bus, a candidate may be Mike Daniel, he was there, he was in charge, he is supposed to know what he's doing....I feel sorry for him, I hope he can afford legal representation.
ajm3s writes:
I believe that is where it is heading, down the food chain. I like the bus analogy because there were alot of folks in the bus that went along for the ride.
marcosandflea writes:
Maybe I should have said "train" because as we all know, it left the station.....and we all know who was on it!!
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