By: Jim Fleming and Robert Anderson
Lehigh Acres, FL, October 20, 2005:
A "Citizens' Rally," organized by the Lehigh Acres Watchdog and Citizens United Against FGUA, was held at 6:30 PM, October 20, 2005 at the East Lee County regional Library on Gunnery Road in Lehigh Acres.
According to the group chairman, Mike Welch, the purpose of the rally was to inform the public of plans by Florida Government Utilities Authority (FGUA) and Lee County Government to expand water and sewer service in Lehigh Acres, at the local taxpayer’s expense. The rally was also originally planned to increase public awareness and involvement in an FGUA board of directors meeting that was scheduled for the following morning at the same location in Lehigh Acres.
For unknown reasons, FGUA abruptly canceled the meeting, and rescheduled it for Thursday, October 27, 2005 at 5:00 PM at the Holiday Inn Select at 5750 TG Lee Blvd. in Orlando. "It looks like they are trying to duck the firestorm that they are about to create here in Lehigh Acres with their outrageously expensive expansion plans," said meeting organizer, Robert Anderson, the president of Lehigh Acres Watchdog, Inc., who also said he plans to attend the FGUA board meeting in Orlando. "It's too important for the people of Lehigh Acres not to be represented at this major policy and decision making meeting that will affect all our pocketbooks," Anderson added.
During the two hour rally Mr. Anderson showed the audience a series of computer-generated slides and videos detailing FGUA's and Lee County's plans to expand the water and sewer system in the community, and the various methods that the Lehigh taxpayers and rate payers would involuntarily pay for such a system.
The presentation shed light on several issues related to FGUA including the recent dumping of treated effluent into Lehigh's canals and the overcapacity at their local sewerage treatment plant.
The opening video showed excerpts of an exchange between ECWCD Supervisor, Jim Fleming, and FGUA board members and managers at the September FGUA board meeting in Citrus County. In that video, Mr. Fleming asked if FGUA was issuing conveyance letters to developers in Lehigh Acres, indicating that the sewer plant had enough available capacity to serve all the new developments in Lehigh Acres. Despite FGUA's assurances to Mr. Fleming, at that meeting, Mr. Anderson subsequently uncovered documented evidence of at least three such conveyance letters issued to developers within the past two months.
"Why does FGUA continue to write letters of conveyance to developers when both the FGUA and the Florida Department of Environmental Protection know that the current Lehigh Acres sewerage treatment plant is running so far overcapacity in some months that it has resorted to dumping effluent into our canals," Anderson asked.
Jim Fleming added that the 2.5 million gallon per day plant was accepting as much as 3.5 million gallons of wastewater a day in the summer months due to over development in Lehigh Acres and the intrusion of rainwater into the dilapidated sewer lines. "The current water and sewer customers in Lehigh Acres are not only paying for growth, they're also paying to treat excess rainwater," Fleming said. "That's an outrage."
Anderson, who showed excerpts from FGUA's own documents, revealed that FGUA had already planned special assessment bonds for 7.6 million dollars to pay for the expansion of water and sewer service to 414 more lots in Woodridge Preserve, the large single family development in Lehigh Acres, just off busy, dangerous, two-lane State Road 82.
Most of the discussion was devoted to the recently unveiled plans by the Lee County government to purchase the Lehigh Acres water and sewer system from FGUA.
FGUA has repeatedly stated that their price for the Lehigh system was $42 million. However, Mr. Anderson pointed out that FGUA continues to bond an additional $25 million dollars that Lee County will have to absorb, plus expenses for FGUA that are not included in the purchase price. Mr. Anderson asked, "Can Lee County afford to buy the utility at a price that could exceed $80 million? And, if so, how can the overburdened taxpayers of Lehigh Acres afford to bear that kind of long term indebtedness."
Anderson pointed out that two of FGUA's systems (Lehigh Acres and Golden Gate) are about to get Deep Well injection units (at a price of $7 million for Lehigh) to remove treated wastewater and dump it 2500 feet below ground. However, according to Anderson, deep well injection systems have been raising groundwater contamination issues on the east coast Florida especially in Miami-Dade County.
On the issue of FGUA's continuing bonded indebtedness, another video of the September FGUA board meeting was shown. In that video, Jim Fleming again addressed the board asking if the authority's managers had informed Lee County government of their plans to bond tens of millions of dollars in future debt that the county and the taxpayers would have to pay.
At the time FGUA system manager, Robert Sheets, hadn't notified Lee County of their bonding plans, but will be issuing resolutions for the parity debt at the FGUA board meeting in Orlando. FGUA has not yet scheduled a public hearing on these issues, and Robert Anderson told the audience to be vigilant about these hearings, and plan to attend in large numbers. "This is the most important pocketbook issue on the immediate horizon for the taxpayers of Lehigh Acres, Fleming added."One way or the other, we are going to be told to pay tens of millions of dollars for a system that we don't want, and nobody has proven that we need."
According to Robert Anderson, Lee County will sign an Interlocal Agreement with FGUA on Oct 18th 2005, reserving the right to purchase the Lehigh System from FGUA. In that agreement the county government will appoint Mr. Jim Lavender, Lee County Public Works Director, as an FGUA Board member, with Rick Diaz, Director of Lee County Utilities, as an alternate member.
At a County Commission meeting on October 3rd., Rick Diaz stated that "There will be assessments and rate Increases if we buy the Lehigh Acres system from FGUA. There is no way around it. Maybe a special MSBU is needed.” During that same meeting Diaz added that, “We only need to install water lines to all Lehigh Acres lots. The septic tanks are working fine. The Florida Department of Health states there are no issues currently with septic tanks in Lehigh Acres”
Jim Fleming asked why there was such a pressing need for potable water lines in Lehigh Acres if the septic tanks were working properly. "If the water is safe for us to tap with private wells, why is there a public health issue? I believe that there are other motives involved," Fleming said.
"Why is the FGUA mortgaging our community’s future without the community's input?" Anderson added.
Anderson's presentation also delved into potential conflicts of interest and other issues involving FGUA.
According to documents presented by the Lehigh Acres Watchdog, Inc., "FGUA has ignored the obvious conflict between Executive Director, Mr. Robert Sheets and FGUA's selected sub-contractor, US Water/Wade Trim. Mr. Sheets and his firm, GSG, have worked as consultants for Wade Trim within the past twenty-four months."
Robert Sheets' written response was that the board of FGUA was aware that GSG prepared a Revenue Manual for Wade Trim to use with its clients in the State of Michigan two years ago. GSG was compensated for its work and has had no contractual relationships with Wade Trim in any proposal or other state since then.
Anderson pointed out that FGUA is proposing to award this major contract to Wade Trim, a firm that has priced their service over $21,000,000 million dollars higher than the lowest cost proposal of $ 58,000,000. "The companies were each clearly told to give the most competitive price. FGUA should not give them “high grades” for all their “promised services”, only to let them bring their cost down to a lower price model after the selection. Their price is 36% higher than FUGA’s for the project. You cannot possibly negotiate down from this price without a significant reduction in customer service," Anderson said.
Mr. Anderson pointed out that, on October 4th., systems manager, Robert Sheets, reported that it was too early to release details about the contract, but he said classification issues led Wade-Trim/US to submit a contract proposal that was millions of dollars higher than the lowest bidder.
During Anderson's video clips of the September FGUA board meeting in Citrus County he showed Mike Welch addressing the board on the issue of the hardship that the proposed assessment would cause for the young working families and retirees of Lehigh Acres. "We don't mind paying taxes, but these unnecessary and unwanted assessments will break the backs of our citizens."
Everyone who attended the meeting agreed that the best possible course of action would be to take any and all means to stop the expansion and assessment program altogether.
Linda Carter, an LACPC board member suggested that the group unite and fight the FGUA with a class action suit. "Those of us who are retired and on fixed incomes should seek the help of the AARP to help us with the legal costs."
When asked if the group had considered such action, Mr. Anderson informed the group that he has already solicited the help of longtime FGUA critic, civic activist and attorney Mike Twomey of Orlando.
Anderson, Fleming and Welch are also reaching out to citizens groups from other areas affected by FGUA's expansion plans. They have already met with members of the Golden Gate Civic Association, and are contacting similar groups in Polk, Osceola and Citrus counties.