Water rate reform

St. Augustine's high minimum water bill and its favoritism to large users (including hotels and motels) results in small users having rates that are three times what residents pay in Lake Mary, Florida.

This is Robin Hood in Reverse – taking from the poor and giving to the rich. Hotel and motel owners who can afford to pay more and they can always raise their room rates to pay for the value of water to them.. (Citing economic factors, those hotel and motel owners were publicly encouraged to raise their rates in a possible antitrust violation by MMGY consultant Dr. Peter Yesawich, Ph.D. at the St. Johns County Visitor and Convention Bureau, Inc. annual state of the tourism business meeting at the World Golf Village Convention Center on the morning of May 14, 2013).

I've been researching water rates in Florida and around the Nation. I've found agreement and encouragement from our City managers – our dysfunctional, broken water rate schedule must be studied and repaired. NOW.

No water rate study can be located anywhere that in any way supports our City's current regressive rates. Those rates must be studied carefully and then changed immediately to avoid federal court litigation over possible civil rights violations.

A reformed water rate structure requires “lifeline” rates for low-income and elderly residents, reduced minimum bills for residences, “inclining block rates” to make large water users pay more. We need water conservation incentives and education. NOW.

Our water rates and water use rules must benefit the needy, not the greedy. Our Nation's Oldest City is named for Saint Augustine, who said “An unjust law is no law at all.” Our City code provisions on water, sewer and garbage collection rates must be rewritten to be inconsistent with basic concepts of fairness, equity and conservation. NOW.

Even though national hotel and motel associations have helped the hospitality industry to persuade guests to conserve water elsewhere, few to no such programs are in evidence in St. Augustine. Wonder why?

For years, large commercial water users both served on and had undue influence with City Commission. They followed a radical rightist version of the “Golden Rule” – “those who have the gold, make the rules.” Mercantilism and self-interest prevailed.

I have reviewed St. Johns River Water Management data on water rates and talked to SJRWMD's Ph.D. expert, three of our city managers, and reviewed rates and actions of other cities on water rates.

Water rates for the smallest users must be rolled back. Longtime small users deserve rebates, credits or pro rata reductions to compensate them for years of overcharges without factual or legal basis.

Let justice be done. NOW.

It may not require class action lawsuit. After years of activism in st. Augustine, our City now respects us when we identify problems. The Brdge of Lions Rainbow flag case (2005), the illegal dumping case (2006-2008), objections to annexations violating the Fifteenth Amendment (2005) and prompt attention to fixing ALL of Riberia Street (2011-13) show our new City leaders care about legal compliance.

While Dr. King called this “the most lawless” City in America, th City is moving from “cruel to cool.”

I think our current Commission and City Manager will want to do the right thing, starting with approval of an FFP water rate study on Monday night, February 10, 2014.n

In this year of honoring civil rights victories of 1964, made possible by the courage of demonstrators here, let us look at every City policy, practice and procedure with a gimlet eye, to assure that it complies with our Constitution and Bill of Rights.

We can undo years of water rate discrimination with a study and a vote to chanrge rate structures.

We can end the War on the Poor here.

This will promote healing and end the “War on the Poor” in St. Augustine, which involved anti-poor and anti-conservation water rates for decades. We must halt violations of our Fourteenth Amendment rights to Due Process and Equal Protection.

Our City must inform ratepayers of their rights to request “pre-termination hearings” under Supreme Court precedent. See Memphis Light, Gas and Water v. Craft, 436 U.S. 1 (1978).

Let justice be done.