Officials looking at utilities options
County Commissioner Tammy Hall is updating residents on Bayshore Utilities, which serves approximately 200 customers within the Yacht Club Colony.
An enforcement action by the health department may require the utility to complete plant improvements and may entail a filing of a Petition of Enforcement of Agency Action and Complaint of Injunction Relief in circuit court, officials said.
“The water Bayshore Utilities is supplying exceeds the EPA standards for saline and total dissolved solids,” said Diane L. Holm, a spokesperson for the Lee County Health Department. “That is a health hazard to anyone on a low sodium diet.”
What will be the timeline for future steps?
“We don’t know,” said Holm. “The legal papers were submitted, there is time allocated to respond, then it goes to court.”
LCHD is working on preparing a synopsis of the process that will be taken with Bayshore Utilities.
In a memo from Lee County Utilities Director Pam Keyes, she stated that, “Dr. (Judith) Hartner and staff from the Lee County Health Department (LCHD) met with Commissioner Hall, Doug Meurer and myself Wednesday, Sept. 21, to discuss this issue. Dr. Hartner verified the LCHD will be filing a petition for Enforcement of Agency Action and Complaint for Injunctive Relief in Circuit Court.”
“I have no knowledge of this meeting,” said Wayne Wampler, spokesman for Bayshore Utilities. “I’ve been trying to get the funds to go forward with the project but have been unable to secure a loan.” He said he is waiting to be contacted.
Lee County Utility and County Attorney Office staff have participated in meetings with FDEP and LCHD to discuss available options if Bayshore is required to cease operations for public health and safety issues. Keys said LCU has also met with Bayshore staff to offer suggestions for improvements.
LCHD issued a consent order to Bayshore requiring the utility to complete plant improvements within a 12-month period. Bayshore hired an engineering firm and created a plan for plant improvements, however to date no improvements have been initiated.
LCU is not in a position to influence this regulatory process, officials said. “We have presented two options to extend our transmission line to the Bayshore service area,” said Keyes in her memorandum.
The first option includes installing a master meter and billing Bayshore a bulk customer rate. The estimated cost per customer for this option is approximately $4,000 and would most likely be passed on to the customers by Bayshore.
“A second option includes extending our transmission line to the service area and LCU take over the operation of the distribution system. The customers would be billed directly by LCU and provided the traditional County customer services.”
Certain upgrades to enhance the fire protection would be necessary to bring the system into compliance with county standards. The County Comprehensive Plan would also need to be modified to include the new water service area.
The estimated cost per customer for this option is approximately $7,000. The customer would be responsible for these costs; however, a Municipal Service Taxing Unit could be established to assist with financing the costs.
A MSTU is a funding mechanism for community members to create a special taxing district to make improvements to their community area.
Bayshore Utilities Inc. located in North Fort Myers is a private utility under the authority of the Florida Public Services Commission serving the approximately 200 customers within the Yacht Club Colony.