05/07/06 CAVEAT: This article is one of a series of editorial articles that express personal opinions and views. They are written with no pretensions to be error free. I will gladly correct substantial errors of fact. My opinions can change, depending upon my awareness of changes in factual information. It is my intent to remain focused on specific public issues, regarding the personalities involved. For all I know, all the characters are saints, concerning their private lives and other public business... Changes may be requested by e-mailing the details to pmarkham@manistique.org The Washooski Chronicles - A Personal Snapshot of Chimpantique Part 1. Some time ago, in the City of Chimpantique, worked a young chimp, "Lucky" Washooski, who inherited a salvage yard and a right of way property near the east side of the Chimpantique River, within the City of Chimpantique. The properties were part of the estate of a deceased uncle with an interest in a defunct business known as Ishpitoon Iron and Steel. Lucky Washooski was a typical rural product of the sovereign State of Chimpanistan, average bright and not afraid, or too proud, to get his hands dirty. His background could be considered as a rural blue collar worker, with no particular skills, as a consequence of a poor rural education and the requirement of hard physical labor, in his youth. Choosing to work to pay his bills and feed his family, and having not much more than his youthful experience in a family metal salvage business, Lucky operated a backwoods metal salvage business, "Washooski Salvaged Metals", on the property he inherited. His local business, as local rumor had it, was not particularly lucrative, but it provided a great value to local residents and businesses with the necessity to dispose of metal "junk" at minimal cost; free to most that hauled the metal to his newly acquired salvage yard. The beneficial relationship continued for several decades, while, unknown to most, he was the target of official abuse of varying degrees, from those chimps associated with the government and administration of Chimpantique. Some chimps were jealous and coveted the objects of Lucky's good fortune. Eventually, some local business chimps, much more aware than most, realized that the owner of the Washooski property controlled access to a significant part of the river, including the east side of the local mill dam, and flume. Other chimps, with political and social aspirations, feared their community status was challenged by an apparent Ishpitoon "cedar chimp" that had acquired potential power beyond their dreams. Most local chimps thought that the game of Monopoly was nothing more than a board game. Some years after Lucky inherited his property, the "Stranger" settled in the community of Chimpantique. Stranger was a world traveller who had learned much about chimpanzee and human nature, from the school of hard knocks, and academia. Stranger observed and learned about those involved with the local government of Chimpantique, and, for a short period of time, thought he might make a difference as a chimp, able and unafraid to learn, with a sincere desire to enhance the community of Chimpantique. As a stranger, Stranger had no historical allegiances to foul his perception and judgement, and, with no morally justified reason, he was unwilling to hurt his neighbours, knowingly, and he had no desire to dominate them. Stranger had as clear a perception of the new community he lived in, as his personal necessities, interests, and knowledge delineated; unclouded by the compromises of ambition. He understood, in the historical and philosophical sense, that, in a civilized community, no one was another's "nigger". During much of his life, Stranger had learned much about his own basic predatory nature, and that of his fellow chimpanzees, and he was sufficiently confident in his knowledge to have no fear of recognizing and speaking openly about that which he knew to be true; to the chagrin of his fellow deceitful chimps that would, given the opportunity, victimize him, and others, with impunity. In the early 1980's, Stranger became aware of, and observed, Washooski Salvaged Metals, and in the late 1980's started to dispose of his metal junk at the business site. From the late 1980's, to the late 1990's, Stranger often walked to his workplace, in downtown Chimpantique, along much of the old Ishpitoon Iron and Steel right of way property, adjacent to the east bank of the Chimpantique River, the property that Lucky Washooski had inherited, with the salvage yard. Over the years, during his walks, along what was now the Washooski riverside property, Stranger pondered the occasional signs of intermittent strife between Washooski and government authorities of Chimpantique. At infrequent intervals, signs posting different sections of the property would appear, and be ripped away. At times, vehicles would be parked on the property, and then be moved. A flatbed trailer showed up several times, once with an offer to sell some of the property. Eventually the trailer would be moved. At times a Washooski electro- magnet salvage crane would be parked on or about the property. Stranger would notice, at times, plastic ribbon and "fence" materials across different parts of the Washooski property. He concluded that what he saw was a consequence of an unpublicized fight, Washooski vs. "City Hall", for control of the Washooski's riverside property. It was obvious, to Stranger, that he was observing the consequences of a serious difference of opinion, but there was no "official" public communication that he was ever made aware of, until early 2005, when the new City Manager of Chimpantique, Sheena Alderpoor, answered his queries in a candid fashion. Prior to his first extended conversation with Sheena, he had heard, from previous City Manager Yup-Yup and City Tax Assessor Huddlemouse, nothing more than evasive or deceitful innuendo that Washooski did not own the property. From the mid 1990's on, Stranger witnessed the consequences of ugly local government business, that no one wished to talk about, or report in "the media", in a clear and unambiguous manner. After a short, and disappointing, stint as a City Councilchimp of Chimpantique, Stranger made it his business to speak, infrequently, to "Lucky" Washooski, to keep abreast of Lucky's version of a situation that Stranger could only speculate about, because of the obvious evasion and deceit, from Chimpantique officials. As the years passed, in his new home community, Stranger considered many local "political" events, and eventually, to his satisfaction, reached the conclusion that chimpanzee nature had persevered in Chimpantique, as it had in the rest of the world; because that is the nature of Chimpanzees. Dominant chimpanzees take what they want, shit where they want, form alliances with the stronger chimps of the community, and victimize the weaker chimps of the community. It appeared, to Stranger, that official chimps of the City of Chimpantique were more than happy to accept Washooski's payment of property taxes, levied against "the property" he had inherited, while telling Stranger, when he inquired, that Washooski had little or no right to the property. Apparently, logical ambiguity was lost to some in Chimpantique city administration. During his stint as Councilchimp, as a member of the Chimpantique Board of Tax Review, Stranger helped to review requested property tax relief, by various Chimpantique residents. Stranger was stunned by the casual manner of Chimpantique Mayor "Mugger" Arnett, as she and two other Chimpantique City Council members of the Board, lowered the taxes of a mayor's friend, contrary to law. Stranger was offended when Washooski, who was present to request similar treatment, was treated in an opposite manner, and referred to as if he was mere chimp trash, in subsequent conversation, after he left. It became, at that instant, obvious to Stranger that the apparent evidence of ugly public business he perceived, along the Washooski "river" property, was very likely to represent his deduced conclusion, given the evidently corrupt and cowardly chimps he was sitting with. It was not unexpected, but Stranger, as a general rule, until he had sufficient reason to do otherwise, extended to others the conditional consideration he expected as a chimp with human aspirations. As time progressed, Stranger came to understand that chimpanzee nature dominated most activities of his peers, at the international to local level. He became more at ease, as the years passed, with his awareness that basic chimpanzee nature, molded by unknown millions of years of evolution, could not be undone by a few thousand years of recorded history, and wishful thinking. The most that could be hoped for, by those that cared, was that their prudent self interest would prevail, to one degree, or another, until time for the human species ran out. Natural selection would prevail, and there was little to be done about it, beyond living a life with personal meaning, beyond chimpanzee aspirations. Stranger understood his perception of the de-facto Chimpantique denial of Washooski's claim to his inherited property, as the sole unsubstantiated basis, of significance, for the City of Chimpantique's barbaric behaviour. The City had used blatant deceit and denial of established fact and law to deprive Aldo Bruns of his land, to replace what Chimpantique Quarry Inc. had chiseled from the established Chimpantique city right of way property for the Skyside Road. Washooski was the obvious and apparent heir to the consequences of that official, and successful, monkey bang of Aldo Bruns. City Manager Yup-Yup, and Chimpantique City Attorney, "Don" Filorini, understood how the game was played, and Stranger's taxes helped to pay for Brun's "rape", and were being used to help pay the abusers of Washooski. Stranger perceived that Washooski was forced, by official Chimpantique denial of his ownership of the property he inherited, to maintain his claim, in a public fashion, by parking his vehicles on his property, and discouraging unrestricted public access with posting signs, plastic tape and plastic fencing. The consequences were Chimpantique legal actions against Lucky Washooski, with the apparent sanction of Chimpantique City Council. Needless to say, those legal actions, precipitated by City Manager Yup-Yup and City Attorney "Don" Filorini, and enforced by Chimpantique Director of Public Safety, Dink Peckerwood, were designed to intimidate and break a chimp who had every right to own and use his property, in peace, without the apparent continuous, deliberate, malicious and unjustified claims against his ownership. At the same time as the City's legal administrative goons attempted to force Washooski to sell his property, and get the City administration monkeys off his back, another group of chimps, representing themselves as the forward thinking City of Chimpantique Downtown Development Authority, were publicized as trying to purchase Washooski's properties in a responsible and civilized manner. City Manager Yup-Yup was a member of the C.D.D.A., and, thereby, appeared to Stranger to be attending to the official City business of beating Washooski with a club of malicious and coercive legal action in one hand, while, with the other hand, holding the C.D.D.A.'s offer that Washooski shouldn't refuse. Implicit in the C.D.D.A's offer was the unwritten term that all of his City administration authorized legal grief woes would cease; if he accepted the offer. As one who peddled, and read, New York City newspapers, and went to school with the children of Mafia chimps, in his tender youth, Stranger was well aware of how extortion tactics worked. Stranger marvelled at the gorilla tactics used. He marvelled at the blatant perversion of law and ethics, by public officials that claimed to represent the public good. He was disgusted with the elected chimps that remained silent in public, while, apparently, in executive sessions, sanctioned the legal beating and extortion of a local businesschimp. He was in awe of the unquestioned abuse of power, that he must help finance. He thought of "Don" Filorini, providing legal counsel to beat Washooski and make an offer that shouldn't be refused. He wondered why his taxes were being used to finance the pay and benefits of monkeys paid to extort the riverside property from Washooski. Stranger wondered if it was because Washooski was an Ishpitoon chimp, and therefore, being a member of no major alliance in town, was considered a fair target. Stranger could not fail to see the connection, because Stranger did not watch sitcoms. Then he remembered. Chimpanzees are slaves to their simian heritage. They are unable to act contrary to their nature. Chimps and humans are two distinct species. Humans may choose to live like chimpanzees, or not; but chimpanzees do not have the intellectual tools to live like humans. Even though the two species share some 95% of their DNA, the other 5% enables one ape to choose to act humane, while the other can only mimic certain human behaviour. Stranger was not filled with the milk of human kindness by what he perceived. Stranger learned, over the years, that his foresight, understanding, and concern for the community of Chimpantique,(and the rest of the world) was worthless because he was a failure in his attempts to influence substantial "progressive" change. He realized that the reasons for his failures, which were many, were mostly associated with his distaste for the simian predator-prey relationship, evident in most chimp activities. Due to the influence of time, natural selection favors aggressive competition for survival and procreation, in the biological, economic, and political sense. Predators and prey are necessary components. Stranger never had the desire to be either, chose not to be either, and, therefore, most of his goals were doomed to inevitable failure. It is the nature of most chimps to dominate and prey upon their neighbours, to whatever extent they choose, and to the extent that the perceived consequences are acceptable. It is not the nature of domineering chimps to grant supportive recognition to "subordinate" chimps that are no part of the current power structure and are perceived to be a threat. Among ignorant chimps, in general, perception is everything, and dominant chimps gain and maintain power with the help of deceit and evasion, because it takes far less time, knowledge, and skill to mold fantasy and use evasion to further simian goals. For dominant chimps, there is no necessity to base decisions on facts, context, circumstances and reason, if their goals can be achieved with effortless fantasy. Subordinate chimps are easily manipulated with deceit, because they cannot think, and, consequently, accept what they are told by dominant chimps. For dominant chimps, the ends justify the means, as the national Bush Chimps made so obvious. With his growing awareness of his impotence to influence change, while change was taking place, Stranger decided to allow the "normal" flow of Chimpantique government business, without his meddling. He chose, instead, to observe and cogitate, and, depending on his interest and the outcome of any particular business that caught his attention, he would write about it, from an historical and personal perspective. After City Manager Yup-Yup retired, Sheena Alderpoor was hired as the new City Manager of Chimpantique and chose to approach, in a manner other than that of a thug, the years of ugly consequences of Washooski's inheritance of the old Ishpitoon Iron and Steel right of way property. In his conversations with Sheena, in early 2005, Stranger made her aware of many of his observations, speculation, conclusions, and his interest in seeing the city own the Washooski property in an amicable transaction. Sheena then made him aware that, after getting her feet wet as the new city manager, she found herself the defendant in a small claims court action for ~$160, for the towing of a Washooski vehicle, from his property. Her inquiries, regarding the basis of the small claims court action, led her to some of the ugly history. She then informed Department of Public Safety personnel that the Washooski property was surveyed, and titled in Washooski's name, and he had the right to use his property in any legal manner he chose. In her new position, she stopped the years of unjustified harassing legal actions, enforced by Dink Peckerwood, Director of Chimpantique Public Safety. When she became aware of "Don" Filorini's legal action, for the City of Chimpantique to take the Washooski property with a legal action based upon the theory of adverse possession, she stopped it. The basic details of Filorini's legal action, from Sheena, led Stranger to wonder aloud, with passionate empathy for Washooski's position in the destructive and alienating process. It was hard to accept as fact, the total lack of ethics required for the City of Chimpantique to be involved in an unpublicized, near-secret legal action to seize Washooski's property, while at the same time the Chimpantique Downtown Development Authority, was negotiating with Washooski, with the publicized intent to purchase the property. From Stranger's perspective, the community was made aware of a publicized effort by the C.D.D.A., over a period of six years, to purchase the property from Washooski. During that time, the public was left to infer that Washooski was the reason for most failed efforts, with "mandatory" compliance with certain federal and state environmental regulations being responsible for the other failures. At no time was Stranger made aware, by any public source, that the City was harassing and threatening Washooski, for years, prior to, and during negotiations. Stranger "knew" that if the Washooski property business was dragged into court, with the likes of Circuit Court Judge Bark presiding, Washooski would have no more chance of retaining ownership of his property, than Aldo Bruns did. Bark's bite was as just as likely to crush Washooski as it did Bruns, by ignoring a body of law, and precedents, and giving the judgment to "Don" Filorini, in favor of a city administration and council that was dominated by chimps that cared little past "deceit works" and "Might is right." Stranger knew, from similar dirty city business concerning the Pitz and Bruns properties, that Chimpantique City Council relished the convenience of hired legal "help" to do their dirty work, because it required, from them, officially, no effort, time, expense, or personal responsibility, and the process is legal. Win or loose, taxpayers pay the bill, much of the ugly details are unpublicized, no one is held accountable, and legal "counsel" eats well. Once again, to Sheena's predecessors, ethics and logical ambiguity were of no concern. Stranger remembered no public official, attending a public meeting that Stranger witnessed, ever making a public statement that indicated any degree of dissatisfaction with the process Stranger witnessed. To the best of Stranger's knowledge, in private, no one, other than Sheena and Councilchimp Everwary, mentioned it. No one, other than Sheena, took any major action to end it. To Stranger, as far as the public was concerned, ugly public business was born in secrecy, and ended in secrecy, under the cloak of executive sessions. To stranger, once again, it was evidence that Chimpantique was governed by those with no ethics, or with ethics that were toggled on and off, depending on the degree of self interest in any particular business being considered. He understood that chimps, and humans that choose to act like chimps, have little use for ethics, especially when they oppose a personal bias or goal. Stranger knew that effective ethics are conditional upon the ability and choice to recognize, understand, and promote civilized behaviour, regardless if a particular civilized behaviour is in the perceived self interest of any particular chimp, at any particular time. There was little doubt, to Stranger, that current and past members of the Chimpantique Downtown Development Association not only knew about the current ugly business of Chimpantique's effort to extort Washooski's property, but they knew of at least one similar past effort, also associated with C.D.D.A. goals. A pole barn building property, that stranger associated with commercial fishing enterprises, and a past cat food "factory", on the east side of the Chimpantique River harbor, had been the rumored extortion target of a past Chimpantique effort. The same City Manager Yup-Yup, and his mentor, "Don" Filorini, were the rumored architects of that attempt. As far as Stranger knew, the property still belonged to a private owner; and the owner of record, at the time of the C.D.D.A.'s effort to purchase it, walked away from the negotiations after becoming incensed by the City's effort to seize the property. The rumor was believable to Stranger, based on his own first hand awareness of the uncivilized strife surrounding the Washooski property. He knew chimps were unable to learn the value of ethics, and had no historical perspective. Early in 2005, Stranger attended a Chimpantique City Council meeting at which Envira "Look" Closely, of the engineering firm of Bigcock and Co., provided the council with a briefing concerning an environmental contamination baseline evaluation process, of the Washooski property. After the meeting, at which no queries or comments were solicited from the taxpaying public paying the C.D.D.A. project bills, Stranger spoke to Envira to ensure his understanding of the process, and the reasons for it. After a short private discussion, in council chambers, addressing Stranger's specific concerns, Stranger felt confident that he understood the basic concepts upon which the contamination and remediation process was based. At that time, Stranger told Envira that it was his understanding that if the property was not a known "toxic waste dump", and the City purchased the property with no sure knowledge that serious contamination of the property existed, and if it was purchased at a price consistent with common knowledge that some historical contamination of the entire downtown riverfront property was likely, if not guaranteed, due to historical industrial and commercial use; then Washooski had little to fear from environment contamination based official reprisal, and Chimpantique would be eligible for existing state and federal funds to identify and remediate existing contamination, after it purchased the property. Envira indicated that Stranger's stated understanding was as good as any. As time progressed, Stranger grew less confident in that perspective. It was obvious to Stranger, from reading, and his conversation with Envira, that no one benefits by a choice piece of property remaining vacant, posted and unused, because an individual or government would became liable for any contamination discovered on the property. It was public knowledge, to those that cared, that a pile of "brownfield" legislation existed to foster the transfer of valuable contaminated private property to public ownership and use. The purpose of the legislation, among other goals, was to enhance the transfer, use, and development of such property. It was not the purpose of existing legislation and regulations, to screw a private seller or public purchaser, for an extended history of environmental damage, for which it would be next to impossible to prove "responsibility", beyond their ownership of the property. It was Stranger's understanding, from Envira's public and private briefing, after the Spring of 2005 snows had melted, and the frost was out of the ground, a "Phase 1 Environmental Assessment" process was due to be completed, to establish "due diligence" on the City's behalf, and some 45 days from the start of that process, the City was bound to own the property. It sounded so simple, that, in a subsequent discussion with City Manager Sheena Alderpoor, Stranger told her that he would keep his distance and let the cards fall where they may, because, even though he was confident that the C.D.D.A. would find a way to trash the project, in some unforeseen manner, he had sufficient reason to be at ease with Sheena's understanding of the process, and her will to see it work. Stranger knew of more recent toxic or hazardous waste disposal on public and private property, in the City of Chimpantique, than he had any reason to believe Washooski was responsible for, since he inherited the properties. For almost two decades, while walking Washooski's property, Stranger had witnessed the new residue from the dumping of burning barrel residue, garbage and toxic liquids, along the adjacent river bank property owned by Chimpantique Papers Inc. He was aware of the illegal dumping in much of the community. He had witnessed the deliberate disposal of toxic or hazardous materials on private property and public property. Every community has its chimps, and regardless of how much chimp there might be in Washooski, Stranger knew there was more in many esteemed community chimps, including the past Chimpantique Mayor, John "Slow" Hump, and his partner in public environmental malfeasence, City Manager Yup-Yup. Based on Stranger's historical perception, the evident concern, voiced by certain public officials, regarding the "potential responsibility" of Washooski or the City of Chimpantique for contamination, was far more self serving "Chimp Little" fears of a falling contaminated sky, than it was justified concern. To Stranger it was more fear from ignorance, and the inability to consider the issues in an ethical, and creative manner. It was Stranger's understanding that if the City wanted a "guarantee" to be held harmless for any past contamination issues, then a certain Chimpanistan Department of Environmental Quality, C.D.E.Q., regulatory process had to be followed. A Phase 1 Environmental Assessment had to be completed to determine if the Washooski property met the C.D.E.Q. definition of a contaminated property that required a continued Baseline Environmental Assessment, B.E.A. If necessary, a Phase II Subsurface Investigation would be conducted, followed by an C.D.E.Q. Determination of Adequacy. Government grant funding for the contamination assessment and remediation was not available to individuals, but was available to local governments, after a binding, good faith, and legal commitment was made by a legitimate governing body to purchase the property. Thus, among other intents, the grant funding requirements encouraged the transfer of valuable but contaminated property, with full disclosure, from an individual to a government, with provisions to protect the seller and purchaser. The terms of the grant funding offer were such that it discouraged the use of fraud to finance the contamination assessment, for a private owner, before a firm public commitment to purchase the suspect property. As Stranger understood the grant funding regulatory requirements, a defined and legal commitment to purchase the property, had to be made, by a government body, before any public grant funds were available for any of the B.E.A., prior to the purchase and transfer of the property from a private to a public owner. Once again, to Stranger, it was a "no-brainer". From Stranger's point of view, correct or incorrect, if the property was purchased immediately, by the City, and the City did nothing with it, the City was not responsible for any contamination issues, because it had not contributed to existing contamination, and by doing nothing with the property, it was not adding to the contamination. What it could do, for an eminently reasonable price, is own a large chunk of strategically located property, adjacent to the east bank of the Chimpantique River, that would provide future generations a significant green zone in the heart of town, and continued access to over a half mile of lower Chimpantique River. What it could do, in a continued effort to maintain a spirit of co-operation between Chimpantique Papers Inc., and the City, was to grant a conditional easement to the mill, so that it could access, at will, its various properties from the City's. What it could do, was almost limitless, as long as the activity, or development added nothing to existing contamination, and did not compromise public health. With a faint degree of hope for the future negotiations regarding the Washooski property, shortly after his discussion with Sheena, in late April, 2005, Stranger left the community to care for his invalid father in another state and was unaware of the "negotiation" details that followed. At the time he left, some five years into the C.D.D.A.s "negotiations" with Washooski, Stranger was unaware of any good faith legal commitment, by the City of Chimpantique, to purchase the property, and become eligible for public funds and, consequentially, reduce Washooski's personal liability for a history of alleged environmental ills that plagued his inherited river front property. Part 2. After Stranger returned to Chimpantique, in early October, 2005, his interest in local chimp activity was almost zero. After a torturous ordeal, dealing with chimps elsewhere in the country, it was time to remain distant from local politics for awhile, and return to his normal laid back life, while coming abreast of local issues that were of interest to him. Eventually, his interest returned, and as he resumed his walks along the Chimpantique River, he became aware that a serious difference of opinion still existed between the City and Washooski. So what went wrong with a "no brainer"? Musta bin Washooski's fault, agin, eh? First, and foremost, unknown to Stranger, in early 2005, the C.D.D.A. spent local taxpayer funds and not state or federal grant funds, to pay for the 2005 Phase 1 assessment. By using local funding, the C.D.D.A. had to follow no regulatory requirements, as there were with available grant money, therefore there was no necessity for the C.D.D.A. to commit to purchase the Washooski property, and it didn't. Having "lured" Washooski into a process that made his private business, public, they may have increased his liability, by bypassing the C.D.E.Q. B.E.A. process, deliberately, or otherwise. As Stranger knew, the C.D.E.Q. B.E.A. regulatory processes would have provided a degree of protection to Washooski, as well as the City of Chimpantique. It appeared to Stranger that the chimps had their way, with Washooski, again. It appeared that the basic predatory chimp philosophy of "Don" Filorini and ex-City Manager Yup-Yup, still held sway in the C.D.D.A. It appeared, to Stranger, that he had screwed Washooski, again, by proxy, and various "officials" were making quotable ugly noises to justify the process. Newly elected Mayor, Dink Peckerwood, thanked the C.D.D.A. for its long term honorable and justified efforts, and wished Washooski luck while emphasizing that "...the C.D.D.A. offer to Washooski had been fair... and ...the property needs to be cleaned up." Flea McDougle, an environmental consultant for the Chimpanistan Association of Counties was reported to say that Washooski "...was liable for things on his property..." and "...the cost of cleanup could likely exceed 10 times the considered value of the property..." and the C.E.P.A. "...is "very concerned" that contamination is migrating off the Washooski property, going into the Chimpantique River and affecting adjacent property." and "...Washooski can't allow that to just sit there. He has an affirmative obligation under the law. If he has knowledge of contamination, he must address it, no matter what it costs." The ugly noises were very similar to the unsubstantiated public allegations and innuendo he heard from the C.E.P.A. and the C.D.E.Q., when they leaned on Chimpantique Papers Inc. regarding their accusations that the mill was responsible for P.C.B. contaminants in the Chimpantique River. At that time, the community supported the mill in its effort to minimize its liability. Stranger supported the mill's position. Even though he had no personal knowledge that the mill was "innocent", he had even less reason to believe C.E.P.A. and C.D.E.Q. officials that offered no public factual substantiation for their public allegations; allegations that attempted to convict Chimpantique Papers Inc. in the "Court of Public Opinion". Regarding the Washooski property, Stranger could see many of the same chimps on the opposite side of the ethical and philosophical issues, doing exactly the opposite, because it was not in their perceived self interest to do otherwise. Stranger knew history and ethics means nothing to chimpanzees. What was good for the goose was not good for the gander. In the Chimpantique court of public opinion, where chimps judge most public business, to "prove" the absence of unsubstantiated alleged "fact" is as difficult and logically impossible for Lucky Washooski, as it was for Chimpantique Papers Inc.; and Iraq. The source of the difficulty is the logical fallacy of assuming that something is true unless proven otherwise. Chimps have no use for logic. Chimps exercise judgement based on the immediacy of their personal self interest. On the recent international scene, Iraq could not prove the falsity of unsubstantiated allegations of non-existent "weapons of mass destruction" and "international terrorist bases". On the current Chimpantique scene, Washooski can not prove the falseness of unsubstantiated allegations and implications that he should pay, one way or the other, for all the alleged, speculated and unsubstantiated possible historical chemical contamination of his inherited property. Given the set of all universal possibilities, it is impossible, for an accused, to disprove any false accusatory statement. There is always an argument, with equal value, and a real or imaginary basis, that contradicts any defence. Given the set of all earthly rational possibilities, it is almost impossible, depending, to a great extent, upon the accused's resources. That simple principle of logic, is, arguably, the major principle of much civilized law, that holds an individual innocent unless proven guilty, beyond a reasonable doubt. As Stranger understood the issues, if Flea McDougle wasn't talking through her anus, the C.D.D.A. had made a terrible error by hiring Bigcock and Company to do the Phase 1 assessment. From the ugly public noises coming from Flea's corner, she knew far more than the professionals at Bigcock, and was a far more qualified source of quotable testimony than any of the documented data in the 2005 Phase 1 assessment. In light of his personal observations, and selective reading of the 2005 Phase 1 assessment, Stranger was appalled by the ugly chimp noises. Stranger noted only two known chemical contamination problems, of consequence, identified in the 2005 Phase 1 assessment. One was an area of ground, 7'x14', contaminated with P.C.B.s, for which Washooski signed a C.E.P.A. consent decree, in 1995, that fined him $13,000 and mandated he remediate the contaminated site. The other was a small scale battery reclamation site adjacent to his office building. On what, beyond pure Chimp speculation, Flea based her quoted assertions, was a mystery to Stranger, yet Flea got the newsprint ink. Envira Closely, of Bigcock and Company Engineering, signed the 2005 Phase 1 assessment and made no such assertions, and engaged in no such speculation. What Envira did, as "Senior Environmental Scientist/Project Manager" was say that a "Phase 2 evaluation of the property is highly recommended." and, in context, that a request for certain documents, from the C.E.P.A., was refused, and a request, from Washooski, for related information, was refused "...as he was instructed...". It was obvious to Stranger, that Flea's unsubstantiated speculation was worth more ink than three pounds of fact based documentation from Bigcock and Company Engineering. It was apparent, to Stranger, that the C.E.P.A., Washooski and Bigcock had a much more clear understanding, than C.D.D.A. officials and Flea McDougle, of the potential liability from the destructive effects of circulating official speculation, implications and innuendo. As for Mayor Peckerwood's public statement, Stranger knew, from witnessing past public business, that Peckerwood, as a member of the C.D.D.A., was as flexible as any chimp with no spine. He was not likely to have the foresight or courage to question the public policy of his peers. His public claim to fame had nothing to do with his ability to distinguish right from wrong, and act appropriately. In a newspaper article regarding the failure of the Washooski property "negotiations", Flea McDougle was reported to have said "When its a public process, everything is above-board and out in the open". Stranger choked, when he read it. After considering the possible implications of Washooski's continued public beating, Stranger was left with a host of unanswered questions, in his mind. The questions he asked at the C.D.D.A. meeting of 05/16/06, follow: Q. How much Chimpantique D.D.A. money was spent for the last 2 Phase 1 assessments? A. Approximately, $10,000. Q. For who's benefit was the first Phase 1 assessment completed? A. The C.D.D.A.'s. Q.What is the C.D.D.A.'s intent regarding the money previously set aside for the Warshawsky properties? A.It will remain earmarked for the Washooski property until there is no reasonable hope for a transaction. Q.Who suggested the option of starting the 2005 B.E.A., paid for with Chimpantique D.D.A. funds, outside of the requirements and protections of the established legislation and regulations that accompany the use of available grant funds? A. The C.D.D.A.'s. The C.D.D.A. was not aware of grant funding, at the time. Regarding any and all accessible documented fact, that the C.D.D.A. is aware of, that applies to the Washooski properties: Q.Does any C.D.D.A. member know how and where to obtain the documented basis for Flea McDougle's statements quoted in the 05/11/06 edition of the Chimpantique Tribune newspaper? Q.Does any C.D.D.A. member care to identify the available and verifiable documented basis for Flea McDougle's quoted statements? Q.Does any C.D.D.A. member care to share the C.D.D.A.'s perception, regarding Flea McDougle's quoted statements, and that of the current Mayor, as it might compare to the inflammatory rhetoric of the C.E.P.A. and the C.D.E.Q, during the early days of the unsubstantiated public allegations directed to Chimpantique Papers Inc.? A.We do not know enough to comment... During the C.D.D.A.'s business discussion of Washooski's recent refusal of a $196,000 offer, various members of the C.D.D.A. expressed their confusion and ignorance of why he refused the offer. Chimpantique City Manager, Sheena Alderpoor, as a member of the sitting C.D.D.A., expressed her position that the C.D.D.A. could not offer more than the appraisal. After some discussion, the consensus, agreeing with the voiced opinion of a local bank member, decided to leave the last refused offer on the table. Once again, Stranger's mind considered the situation, based on his historical perspective. If the street rumors were true, it appeared the that the C.D.D.A. had learned nothing from its experience with the owner of the "catfood factory", when he walk away from C.D.D.A. "negotiations". The first observation that came to mind, listening to the C.D.D.A. business chatter, was the possible lack of agreement, between the C.D.D.A., and Washooski, regarding the value of the property. Stranger had seen the Chimpcraft County Board of Supervisors use a property appraisal provided by an appraiser, hired by the purchaser, Chimpantique Behavioural Health. The Chimpcraft County Board sold the property for $60,000 when their own tax appraiser provided a more realistic $180,000 appraisal. Stranger applied the same twisted business ethics to the offer made Washooski, by the C.D.D.A., based on an appraiser the city hired. Stranger had no faith in the offer, for a very substantiated reason, so why would Washooski, especially if his attorney, Smoked Herring, had done a little homework, and did not fall off the turnip truck, the night before the offer. If Washooski owned the property, and if it was not necessary for him to sell it, why should he sell it, or negotiate from a likely low price determined, unilaterally, by an agent working for a potential buyer that had abused him for years, even if C.D.D.A. members had chosen to remain ignorant of his abuse. If, in the Phase 1 assessment, there was little more than professional speculation about probable chemical contamination, and there was no available data, or history, that proved actual significant chemical contamination, why should Washooski be in a hurry to sell to Chimpantique, at a price its appraiser had determined. Why should he subject his family to the consequences of continued expensive liability promised by those that had hung him in the court of public opinion? Why should anyone expect him to act in a gracious and civilized manner, after he had been treated, for years, as little more than an ignorant "black chimp"? Duh! Regardless of Mayor Peckerwood's statement that it was a fair offer, and Washooski's property "...needs to be cleaned up...", it was Stranger's personal substantiated opinion, that Mayor Peckerwood was wrong. If Washooski's property "needs to be cleaned up", so did adjacent property. If substantial chemical contamination of his property existed, it was not indicated in the Phase 1 assessment. If it was Mayor Peckerwood's intent to issue a veiled public threat, Stranger had no idea on what it was based. If it was Flea McDougle's intent to issue a more apparent threat, stranger had no idea on what it was based. Both Peckerwood and Flea could make all the ugly noises they wished, but ugly noises, without substantiation, made them ugly; and those they represented. Once again, it was obvious, to Stranger, that public business was not public, regardless of Flea McDougle's claim to the contrary. Not only did Stranger consider some obvious reasons why Washooski's might be dissatisfied with Chimpantique's offer, but he considered some other possible reasons. What is Washooski's potential liability if the C.D.D.A. obtained a Phase 1 Environmental Assessment, purchased with local government funds, outside of the C.D.E.Q. regulatory process, with no firm commitment by the City of Chimpantique to purchase the property? What is the impact on Washooski's liability by the public availability of March 2005 Phase 1 assessment information? What liability has Washooski incurred, by allowing a Phase 1 assessment of his inherited property by Bigcock and Co. Engineering "professionals", hired by the C.D.D.A., outside of any applicable regulatory process that may have provided Washooski some security from the consequences of historical environmental "crimes" he had nothing to do with? How more vulnerable is Washooski to further legal coercion by any government agent unfettered by the regulations of a grant funded, official, regulations based B.E.A. process that defines everyone's options, responsibilities and liabilities in the public arena? Would the public knowledge of 2005 Phase 1 results, outside of a civilized "brownfield" regulatory context, leave Washooski liable for a host of historical environmental "crimes" that he had little or nothing to do with? Would the public knowledge of Phase 1 results by the C.D.E.Q., outside of the normal "brownfield" regulatory context, require personnel of that state government body to exercise "due diligence". Would the C.D.E.Q. limit its involvement in grant funded contamination evaluation and remediation process of a site with probable chemical contamination problems, according to the documented professional opinion of Bigcock and Co. Engineering professionals. Would the C.D.E.Q. have any reason to pursue some currently unidentified basis for the apparently unsubstantiated, professional, malicious, fear inspiring, gossip of Flea McDougle? From Stranger's perspective of public business, given there was no public knowledge of significant contamination of the property, then why should Washooski risk his further victimization, by making his property the subject of a Phase II Subsurface Investigation, by accepting the C.D.D.A.'s offer? If he did not "need" the potential sales money, as a junkie might need drugs, why not leave the property to his kids, or to the Society for the Prevention of Cruelty to Humans? If, as the Chimpantique City Manager emphasized, at the latest C.D.D.A. meeting, "Washooski is liable forever, for the chemical contamination of his property", and if Flea McDougle was not engaging in pure unsubstantiated speculation when she said "...the cost of cleanup could likely exceed 10 times the considered value of the property..." and if the factual data of the Phase 1 assessment was correct, then, as far as Stranger was concerned, Washooski was doing the right thing. Stranger did not know why Washooski needed to volunteer for that level of promised grief in his family's life. By closing the salvaged metal reclamation yard, and removing the scrap, Washooski removed the only known cause for legal action, known to the public, to zero. He could get on with his life, as a man unafraid of productive manual labor, and let future generations deal with the consequences of the historical sack of shit dumped upon him by those that chose to treat him as less than a chimp. Citizen chimps of Chimpantique could then deal with the consequences and costs of metal junk dumped throughout the community, or the cost of disposing of it legally. The C.D.D.A. plans would continue to be hindered. The C.D.D.A and general public could continue to wonder aloud why Washooski behaved in such an "irrational" manner, for as long as it took to extort the property, or obtain it in a civilized, and mutually agreeable manner. Was the Baseline Environmental Assessment, started outside of the "normal" regulatory process, a deliberate attempt to make Washooski more vulnerable to legal extortion? Stranger had little doubt that Chimpantique City Attorney "Don" Filorini, and his protege, ex-City Manager Yup-Yup, had influenced the manner in which the C.D.D.A. approached its coercive "negotiations" with Washooski. What Stranger did not know, as fact, was the apparent malicious intent behind much of what he perceived, currently. As Stranger knew, contrary to Flea McDougle's quoted assertions, public business is not, necessarily, public knowledge. 05/24/05 Stranger attended his first, and last, Chimpantique Brownfield Authority Board meeting. He noted numerous unfamiliar "outatown" faces at the Board table. He noticed that he could not deduce the purpose of their presence, from the agenda. He noticed no public comment period on the agenda, even though the Brownfield Board formulated important local policy to obtain and spend public funds, on local infrastructure projects. Stranger had that familiar deja vu feeling concerning a past dispute with the Chimpcraft County 9-1-1 Committee, over the creation of public policy and the spending of public funds by a government entity that excluded public participation by those without an overt personal vested interest in the public business being considered. Stranger knew there was something "wrong", when he read the agenda, and looked around at all the unexpected and unfamiliar "professional power broker" faces that he could not connect to agenda items. He knew there was something wrong when city policy for acquiring and spending grant money was discussed, with no provisions for public comment. He knew there was something wrong when a C.D.E.Q. official was explaining a likely funding scenario for a possible 2007, $750,000 grant funded cleanup for Chimpantique's chemical contaminated industrial park, based on a requirement that the city and county industrial parks were connected by a road, of which the right of way had been transferred to the Chimpantique Prison. He knew something was wrong when Chimpanistan Association of Counties environmental consultant, Flea McDougle, was running the meeting more than C.E.D.C. Director Koatimundi. He knew something was wrong when no Board discussion centered on creating industrial park sites that potential buyers could utilize with a minimum of government interference and consequential wasted time. It was if the time element, and necessary environmental policy requirements, related to the considerable Offline Engineering foul-up, did not exist. To Stranger, it appeared as if everyone suffered from amnesia, especially if any of the Board had any reason to believe any of the aftermath excuses from any member of Chimpantique City government and administration. It occurred to Stranger that Board members acted as if the major "reason" for the host of early whimsical decisions, regarding the Offline Engineering fiasco, had no relevance to that old business maxim, "Time is money.". Stranger knew there was a communication problem, when he could not read the agenda and know, or deduce, that part of the discussed business would be the lack of, allegedly due to time constraints, a B.E.A. for the city industrial site leased by Offline Engineering L.L.C.. According to C.D.E.Q. official, Stan Sawitt, Offline's apparent choice to ignore an advised B.E.A. made Offline liable for a history of chemical contamination, by the letter of the law. Stranger knew there was a problem when he could not raise questions about the value of an extensive grant funded Phase 1,2, and 3 contamination assessment, in 1997, that included the Offline industrial site. No one showed any awareness of the possible value of that 1997 assessment that, logically, should limit any potential liability to Offline to what contamination they add to the property. Stranger knew there was a problem when he could not raise questions about the value of Flea McDougle's prior unsubstantiated publicized claims regarding the Washooski properties. Stranger knew there was a problem with communication when, at the C.D.D.A. meeting of 05/16/06, he was assured that C.D.D.A. funds would remain earmarked for the Washooski properties, and at the Brownfield Board meeting of 05/25/06, City Manager Alderpoor told board members that the Washooski property was "off the list" and the funds were now earmarked for properties to the north and south. A side discussion, including Mayor Peckerwood, left little doubt that Peckerwood had voiced a "no way" was the Washooski property going back on the list. No one, including Mayor Peckerwood, City Manager Alderpoor, Director of the Chimpanicraft County Economic Development Corporation, Arlene Koatimundi, and the Chimpanistan Association of Counties environmental consultant, Flea McDougle, and a variety of community movers and shakers, indicated any recognition of Stranger's attempt to be recognized. He was as invisible as any black chimp attending a W.A.S.P. government meeting. A self serving power structure had it under control, and wanted it left that way, regardless of open meetings legislation. It was time for Stranger to walk away from all new public business. It was time for him to tie up the loose ends of numerous political editorials that needed closure. It was time to let the chimps rule, unconcerned by the lessons of local history, and rules of civilized behavior and ethical public policy. Stranger was now convinced that it was impossible for chimps to behave as humans, because they were unable to change their behaviour, or, if they could, they preferred to act like chimps. He didn't have enough years left, or reasons, to continue his efforts to modify local chimp behaviour based on his incorrect hypothesis that chimps had a desire to learn, with the goal in mind to minimize historical mistakes. Stranger knew that those unable to learn or without the desire to learn, for whatever reason, will not learn. Stranger perceived the choice to remain ignorant was endemic among Chimpantique's governing chimps, that, if they had the ability and desire to learn, regarding their chosen government responsibilities, they chose not to meet their elected responsibilities to make informed and ethical decisions, based on the merits of the business considered, in the best interest of the electorate, in general. Once again, Stranger thought of Flea McDougle's empty words, uttered as an apparent confidence trickster, "When its a public process, everything is above-board and out in the open." It was obvious, by what Stranger witnessed, that there was little to nothing in common with his, and the C.D.D.A.'s and Brownfield Board's understanding of the meaning of "public process", "everything", "above board", and "open". Once again, chimps made up the rules as they went along, constantly re-inventing language and the wheel, at public expense, with no reason for Stranger to contemplate an end, before the species became extinct. It was time for Stranger to do other things, after reaching his substantiated conclusion that life, for many, was better spent screwing a neighbour, than helping one. 09/15/06 While taking an evening stroll, on 09/14/06, Stranger found Washooski hard at work disassembling the old crane he had parked on his property to maintain evidence of ownership and to discourage the public use of his private property, and, hopefully, to motivate local officials to purchase the land. Stranger inquired whether the crane removal was a good omen, and was told the opposite. Washooski was forced to remove it by the consequences of a "blight and public hazard complaint". Having more than a fair understanding of, and experience with, the power of flexible ethics and selective law enforcement, by Chimpantique's public officials, Stranger wondered aloud why the rest of Chimpantique's more permanent, worse, and obvious, "blight and public hazards" remained ignorred, while the temporary barricades that Washooski was forced to use to maintain a degree of control over his property were worthy of so much attention. Stranger had seen all sorts of temporary barricades come and go on Washooski's riverside property, and he knew that public vandalism and legal coersion rendered them ineffective. Stranger knew that far more recent blight and public hazard existed on Chimpantique Papers Inc.'s property, directly across the Chimpantique River, from Washooski's. As much as Stranger wished to remain distant from the continuing melodrama surrounding Washooski's property, he knew that he would not remain silent. 01/20/07 After reading the 01/18/07 edition of the Chimpantique Tribune, Stranger was left to wonder about the nature of a recent offer for Washooski's property, by the Chimpantique D.D.A., as reported in the newspaper. The rejected offer news was a one liner, within a report regarding a recent C.D.D.A. goal setting session, "Less than 24 hours after that Spring meeting, one of the major items tumbled off the list, when Washooski rejected the DDA's latest proposal to purchase his property." The offer may have been, or not, nothing more than a repeat of the last C.D.D.A. offer. It was time to chat with City Manager Alderpoor, and determine if there was anything new associated with the offer. On 01/19/07 Stranger walked to City Hall and found Sheena accessible for some informal conversation, regarding some of the local issues that interested him. After their conversation, Stranger considered the latest Washooski wrinkle, and the following morning began to write. The C.D.D.A. had repeated their last offer of $196,500, based upon nothing more than their original appraisal, from the appraiser the City hired. What was of significant interest to Stranger was Alderpoor's statement that state, and, perhaps, federal environmental officials, had spoken to Washooski to assure him that it was not their intent to take him to the cleaners, after he sold the property. As Stranger understood Alderpoor, his understanding of the philosophy behind the regulations was correct. It allowed for a sale, at a fair price, and minimized the seller's and purchaser's liability risks, as Stranger wrote of, earlier. Given that understanding, and no crystal ball, Stranger was left to ponder why no meeting of the minds had been reached. With no communication with Washooski since finding him cutting up his crane, on 09/14/06, Stranger was left to little more than his own imagination, while playing the "Washooski Advocate". In that context, several possible aspects of the impasse were evident to him. The latest offer made by the City was based upon the sole appraisal from the appraiser the City hired, as Stranger wrote of, earlier. It was highly unlikely that appraisal was any more "correct" than the Chimpantique Behavioral Health's low appraisal, written about, previously. It was highly unlikely that private verbal reassurances, from government officials, would be of any value to Washooski, during any legal disagreement after the sale. Given the city's extortion attempts, and all the ugly public statements, on the public record, made by various public officials, regarding Washooski's alleged huge liability, he was already "guilty" by a flood of poisonous public accusations and innuendo. No one with any public clout was part of the public record, standing by Washooski and refuting the vile speculative "doomsday" allegations of Mayor Peckerwood and Flea McDougle. Washooski had no reason to trust anyone, and neither did his lawyer. As a consequence of the City's actions to coerce and vilify Washooski, he was forced to seek legal protection and representation, the cost of which should be borne by those that treated him so uncivilly. His expenses for legal representation should be added to an agreeable fair market price of the property. To be edited, as required... For those that care, and wish to learn more, try a Google search of the following, or anything else that may be relevant. michigan baseline environmental assessment requirements for local government For those that might see a similarity between characters in this fable, and any past or present person, government official, or employee of the City of Manistique; your speculation is appropriate. I chose to base the fable's characters on real people. I chose to base the events of the fable's plot on personal observation and subsequent speculation about what may have occurred in the City of Manistique, in Schoolcraft County, Michigan. It is far easier, and more creative, for me to write about that which I think I know, than to invent pure fiction concerning the betrayal of public trust, by public officials and their employees. Pure fiction and deliberate deception are far more the appropriate jurisdiction of many characters in the fable.HOME © 2006-2007 Manistique.org |