Water Power: The Tapping of Individual Rights

[XLFD]

Water Power: Liquid Assets for the City of Ludington

In about a year and a half, City residents and even those outside the city limits have been getting soaked by the current administration in Ludington and losing their water rights. Disallowing irrigation wells in areas, raising water and sewer rates by 20% and 10% respectively (more if you’re out of town), raising fees for connections and taps, providing greater penalties and making more invasive laws about cross connections and building sewers, have all been inflicted on us in the last 15 months. On their first meeting this year, the City Council went for more-- and got it.

But not without a fight. Councilor Pete Engblade put up a grand fight before this ordinance (important points bolded) was passed. 

Ordinance 223-10

Here was that exchange. Pete’s words are italicized, my own notes are in (parentheses):

Moved by Councilor Peterson, seconded by Councilor Taranko, that Ordinance No. 223-10 be adopted. It was explained (by CM Shay) that this water connection ordinance brings the City Code into alignment with the Health Department’s regulations.
Councilor Engblade questioned the reason to have this ordinance, why cannot a well be dug in his backyard if he so chooses
(Good observation, there’s nothing preventing any Lud citizen from digging a well, at this point)

 
City Manager Shay explained that this would put the City Code in line with the Health Department and the second reason is that it does help the City’s water system if people are connected to the City’s water.
Councilor Engblade asked if the intent of this ordinance was to bring more money into the City.
(Pete avoids the correction at this point, to ask about the real intentions of this ordinance; the second reason Shay points out leaves one wondering what he meant)

 
City Manager Shay explained that the real intent was to bring our City Code in line with the Health Department because the Health Department will not grant a permit to dig a well without the Health Department’s approval or the City’s approval. It will still allow a resident to dig a well for irrigation purposes within the City unless they are residing in the buffer area around Straits Steel.
Councilor Engblade questioned why he cannot drill his own well for drinking purposes

(Again Pete avoids the factual correction, perhaps intending to get some other admission...)

 

City Attorney Wilson stated that the Health Department will not allow this without a valid reason as to why a resident is not hooking up to the City’s water system.

Councilor Engblade stated the Health Department would allow this if the City allows this, if the City does not have an ordinance against this.

(the truth, which both Shay and Attorney Wilson have tried to conceal.  The CA factually mis-states the law, see section 3.3 and 3.4 of the health Department's most recent regulations Health Code- 2008)

 

Councilor Engblade stated that he thought the ordinance is bad when it takes away the rights of the people. If the water from a well is tested and it is approved by the Health Department why would a resident be forced to connect to the City’s water system.

(Why indeed; why make such a law if there is no public health reason for a City connection.  This was what perhaps he was fishing for before.  The response by both City officials is the typical response-- change the subject)

 City Attorney Wilson questioned whether the City had any outstanding bonds on the water system. City Manager Shay explained that there were no outstanding bonds on the water system.

(The vote followed in favor of City Hall's pocketbook and power, 6-1, CC Engblade voting no.)

 

Is there any compelling evidence that Ludington or Mason County has any problems with water-related health issues?  No; in fact the data from the Health Dept. shows that Mason County has 1/6 of the failure rate of septic systems elsewhere in Michigan and considerably less water-borne illnesses that the national rate:  MI Health Dept. Statistics

 

Well then there must be some water supply violations in the past in private systems in the Ludington area that made this ordinance necessary.  No; again the MI Health Dept. records confirm that there has been no such violations in the incorporated city.  And neither has the City water system had any violations.  Lud Water supply Violations 1  and Lud water Supply Violations 2

 

With the water and sewer rate now keyed to inflation, the cost for citizens is now about 2% more than last year without a vote.  But now, you can't even opt out of the system.   

[Edie Lindsey]

After reading the Ordinance and its strong language against the water rights of the Ludington people, I am in the belief that what City Hall is doing is much worse than what Dan Scripps was trying to do with groundwater.  John Shay keeps raising the water and sewer rates and gives you no alternatives.  He has created a monopoly with enforcement power.

[Lisa O'Brien]

Out of curiosity how is the water bill charged - is it monthly, bi- monthly or quarterly and what is the average bill. I have a house down by Detroit and the water bill comes every 2 months and is roughly $100. To me this sounds extremely high. 6 yrs ago when I still lived in Michigan they used to bill every 3 months and it was around $90. In NY I rent so I never see a water bill, but my friends out on the island says it runs about $20 a month. Which I think is a steal considering everything else around here is over priced.

[AQUAMAN]

Depending on the size of the family, how many showers, laundry, car washes, and flushes the household averages, most water bills for an avg. size of 4 members should not exceed $40-50/mo.. For a single household with 1-2 in the family, perhaps around $20-28/mo.. In the City of Ludington, I believe the current rates have that beat, and as Edie eludes to, between the new ordinance and the new rates, there is definitely a MONOPOLY situation occurring in town, and now it's totally legal too.  The water dept. imho, is definitely overstaffed, and underworked, except when sinkholes come into play, and that is not the fault of the public.