October 26, 1997

New Jail Is Hostage To Flawed City-County Utility Pact

Punta Gorda council’s message to the Charlotte County board of commissioners is succinct -- “No more Mr. Nice Guy.”

Disagreement over which municipal body should provide water and sewer service for south county residents has been festering for 20 years. The boil came to a head this week when the city failed to show up for a workshop on the issue, and the county called off negotiations scheduled for Wednesday on an inter-local agreement.

At hostage is utility service for a new jail on Airport Road east of the I-75 overpass. The commission bought the site recently for $1.3 million specifically for the facility.

Punta Gorda informed the county it would not serve the new jail until a new iron-clad inter-local agreement on all south-county utility services was signed. Commissioners got their hackles up over what they perceived to be a “threat” to gain preference in negotiations.

Publicly, the issue is said to revolve around Punta Gorda’s existing moratorium on “extension” of utility services outside city limits. The county contends the hook ups simply would be “connections” to existing lines running past the jail site.

As usual, real reasons for hard-line positions often are more complicated than good reasons stated. In the case at hand, the quarrel also involves locations for the new courthouse and the new jail.

The inter-local agreement of May 1978 recognizes that Charlotte County south of the Peace River is geographically separated from the remainder of the county for waste disposal purposes.

Then the agreement states: “At its discretion, the county shall construct necessary sewage disposal facilities in the unincorporated Punta Gorda service area; and no extensions shall be constructed so as to overload the capacity of the system.”

Furthermore: “ These systems shall become the property of the city .... which shall manage and maintain all waste disposal facilities within the area of this agreement, and shall collect for its own account all charges for the use of such facilities.”

The city in 1989 obtained a federal Environmental Protection Act grant for a $2.5 million pumping station at the airport to facilitate service for Burnt Store Road, Solana and Cleveland. EPA directed that buildings along the service line be hooked on to eliminate septic tanks.

The county said it would order county residents to comply, but did not. Mayor Bill Richards has never forgotten it. The city feared for some time that the EPA might rescind the grant. After the passage of seven years, it is not likely the grant will be recalled. However, operation of the pump -- designed in part for Solana and Cleveland -- is borne entirely by city customers.

Punta Gorda understandably is wary of county promises made under the old inter-local agreement. The phrase “at the county’s discretion” is too much wiggle room.

The city imposed a county-service moratorium after its utility system expenses soared, and the court declared illegal a “readiness to serve” fee on vacant lots.

At present, south-county residents pay a 25 percent premium on water rates. City officials say this does not adequately support the system. Even with the premium, its charges are less than the regular rates of the county water system north of the harbor.

The long-range solution, in the city’s view, is annexation of south-county subdivisions and their payment of tax rates supporting all city services. Punta Gorda has a Strategic Urban Growth Plan to annex 12 existing county areas over a 70-year period.

Some plan for future growth is badly needed by both the city and county. Available water is in short supply, and sewage treatment is equal only to water input. The city of Sarasota is pushing hard to tap into the Peace River on which Charlotte County north of the harbor depends.

Punta Gorda takes its potable water from the Shell Creek reservoir which is sufficient at this time. Nonetheless, the city cannot meet total anticipated needs without additional water. To this end, the city plans to drill a $1.3 million storage well -- into which surplus water will be pumped during the rain season -- for withdrawal in the winter. Another $6.6 million is earmarked for near-term wastewater projects.

Punta Gorda wants guaranteed county participation for services to unincorporated areas near by.

The county threatened to build a new courthouse at Murdock unless Punta Gorda donated 10 acres of prime, downtown land for a site. Consequently city officials have no compunction in using the same tactics regarding the jail to get a new inter-local agreement to their liking.

Two can play hard ball.

Of course, the county could build the new jail at Murdock, and folks at the airport industrial park would like this. Everyone wants a courthouse. No one wants a jail in their vicinity.

Commissioner Matt DeBoer, ever ready to stir the pot, has suggested other sites be considered if the city isn’t happy. Not likely, inasmuch as the county a few weeks ago bought the Airport Road site for $1.3 million specifically for the new jail. Should the commission scrap this expenditure -- as it did the $17 million for an unused north-county sewer system plan -- taxpayers would fight to sign recall petitions. Even consideration of a new site at this late date might be provocation enough.

OK, guys, the score is even. Now get busy and draft a workable inter-local agreement that will ensure service and orderly growth for citizens who pay the bills.

PARTING SHOTS

When all else fails, read the instructions.

* * *

The Democratic National Committee, struggling to pay off its $15 million debt, has invited fat cats to a “retreat” next weekend at Amelia Island, Florida, with President Clinton, Vice-president Al Gore and assorted cabinet members. Chairman Steven Grossman rejects criticism, saying the affair is “accessible” to everyone -- if you donate $50,000. Room costs of $189 per night at the Ritz-Carlton Hotel is extra.

That’s some Halloween party. Trick or treat.

* * *

Bill Clinton acknowledges he “mistakenly” vetoed 38 projects in a military construction bill and pledges to help Congress restore them.

Considering the president is mistake-prone, we are skittery over his sole control of the nuclear-missile button.

By Lindsey Williams, columnist for Sun Coast Media Group newspapers