Town notices mistake in water fees/ begins water utility work
During its Management and Planning meeting May 20, officials from the Town of Fort Myers Beach announced an error in collecting water fees from condominiums and duplexes dating back since 2002. The town council and town hall officials also gave instruction to begin repair on FMB’s water utility system.
The water fee error involves seven years of condos and duplexes being charged a $6.20 base fee per building rather than per unit. The nearly 7,000 units and duplexes on the Beach should have produced roughly $345,000 a year in fees to the town.
Due to the non-collected fees, the town hasn’t generated enough revenue from its water patrons and stands to be in technical default on its loan-required revenue stream from Suntrust Bank for the water system. According to a memo sent by Town Attorney Anne Daulton to members of the town council and town staff May18, the error “appears probable that the omission of the per-dwelling-unit charge language was a scrivener’s or clerical error.”
Mayor Larry Kiker asked Daulton if the town has “a legal obligation to go back and get the money” that is owed to the town. Daulton replied, “Yes.”
“You’re treating individual home owners who paid $6.20 for the past number of years differently than treating condo unit owners or multi-family owners,” she said. “If you are saying in 2002 the implementation was erroneous, why would you pick 2009 forward? Why not pick from 2002 forward?”
Kiker would like to get to the bottom of the issue, but would like time to review the books and talk to a few key people before going forward.
“From my prospective from what I heard thus far, and I’m talking in terms from a policy maker and a (member of a) board of directors, I am not comfortable with the information that has been brought forth,” said Kiker. “I recognize there is an issue. We have to be very careful on where we go next.”
Daulton suggested a plan for the council and town officials’ next step in dealing with the issue. There appeared to be a positive consensus to the suggestion.
“If council wishes to go forth as of July 1, the official service charge per unit at that time would be put on record that you’re confirming discussion regarding how to handle anything retroactive,” she said.
The discussion neared conclusion with Town manager Scott Janke saying he will be contacting representatives of the condo association about collecting per-unit fees beginning on July 1 and will draw a resolution on the issue of the implementation of the per-unit charge.
Regarding the town’s deteriorated condition of the water system, town council officials at the meeting gave Janke and his staff permission to take immediate action and begin replacement work on the Phase I and II water valves.
The first phase will involve seven valves at various critically needed areas of the island and will cost an estimated $52,000. The second phase involves eight more valves at an estimated amount of more than $32,000 that will meet a health and safety compliance with the Lee County Health Department.
During the valve replacement period, LCHD suggests that the town take into consideration the following actions: 1) Control access to the island in periods of no water being available; 2) Coordinate with Lee County Emergency Operations Center to see if emergency stocks of water and portable sanitation facilities can be secured; 3) Should the water shutoff last over an extended period of time and there is no sanitation available, consider closure of public facilities and meeting places such as restaurants, stores, hotels and entertainment facilities; and 4) For longer term water shutoff, consider temporary relocation of the population off the island.
“Phase II (says) that we had a compliance issue with DOH (Department of Health) and we had a way to resolve it and we are working on it,” said Janke. “We’ll be able to isolate breaks on this island like we should be able to.”
Phase I Valves – System and Operational Critical
Location Valve Type Quantity Cost Estimate
North Pump Station 10″ gate valve 4 $12,850
Old San Carlos 16″ in-line valve 1 $12,000
Times Square Area 18″ in-line valve 1 $18,000
Estero Blvd at Publix 8″ in-line valve 1 $9,200
Sub-total $52,050
Phase II Valves – Health and Safety Critical
Location Valve Type Quantity Cost Estimate
South Pump Station 3″ isolation valve 1 $2,000
North Pump Station manifold replace 2 $8,000
North Pump Station 6″ valve 1 $4,500
Bay Beach Lane 10″in-line valve 1 $8,500
Lenell Road 6″ isolation valve 1 $4,500
Tarpon Road 4″ isolation valve 1 $3,800
Sunview Blvd 2″ isolation valve 1 $1,500 Sub-total $32,800
Total $84,850