CDD, Aquaterra reach agreement

HERITAGE HARBOUR — They finally have it in writing.

Supervisors on the Heritage Harbour South Community Development District on April 7 approved 3-1 an agreement that ends a yearlong dispute with Aquaterra, the community’s developer-controlled irrigation utility. The document, which provides much-needed legal protections for the district, also states the district owns its irrigation infrastructure and is allowing Aquaterra to use it.

“I think we made a step in the right direction, even though we were not satisfied,” CDD Chairman Charles Faust said.

Supervisors and residents at the meeting had hoped rates for irrigation water would be included in the agreement because they feel they are being overcharged significantly. The agreement also did not provide any method by which the district would be compensated by Aquaterra for the use of its lines.

“We gave away something we owned,” said Supervisor Lee Bettes, who cast the dissenting vote. “It doesn’t compensate us for the use of our pipes.”

As part of budget discussions, Bettes and other supervisors have been considering assessing the utility for the use of CDD-owned lines, as the CDD is responsible for maintaining the lines and making any necessary repairs to its property.

Bettes said he likely would bring up the concept of assessing Aquaterra for discussion again but was not sure how forcibly the concept would be pushed forward.

“Sometimes, you just have to move on,” he said.

The agreement clarifies that the district owns the irrigation system being used by Aquaterra, confirms the district can object to any potentially harmful agreements Aquaterra or Lennar, the developer, negotiates with the county or other entity and limits the terms of service with Aquaterra to 10 years for the use of its irrigation systems within the district’s boundary and by agreement outside the boundary.

CDD attorney Ken vanAssenderp said the agreement protects the district’s legal interests as intended.
“This board has bought itself some (time) and stated everybody’s rights and confirmed the board owns all this,” vanAssenderp said.

The previous agreement, executed in 2002 between the CDD, the Heritage Harbour Community Association, Harbourvest and Aquaterra, was signed and witnessed on behalf of the CDD by a person who was not on the board or a representative of the board, among other concerns.

Supervisors were not aware the contract existed until early 2010, at which time the board objected to it and began contacting Aquaterra to reach a new agreement. Aquaterra’s representatives did not respond for almost a year but have worked with vanAssenderp over the last few months to develop a new agreement.

Contact Pam Eubanks at [email protected].

BY COMPARISON
Joe Ramsey is one of many residents who continue to feel rates should be addressed.

For example, his community association, Lighthouse Cove at Heritage Harbour, has budgeted $37,955 for irrigation water costs, which will be divided among the association’s 245 units owners. The amount equates to $39 per unit per quarter, or $12.91 per month per residence.

To Manatee County, however, Ramsey most recently paid just $10.14 for a month of clean drinking water, in addition to a $7.50 usage fee.

The difference — just $4.73 a month — is Ramsey’s point of contention. For less than $5 more, Ramsey is getting more than twice the amount of drinking water (5,600 gallons) than untreated reclaimed water, assuming usage of about 2,000 gallons a month for yard watering.

“The rates (Aquaterra is) charging are just egregious,” Ramsey said. “If you went to Manatee County today, they charge (25) cents per 1,000 gallons of irrigation water.”

Aquaterra’s attorney Charles Mann said at the meeting the utility is not overcharging consumers and actually is offering competitive rates based on numbers he saw for public utilities in Southwest Florida. Mann also said Lennar, Heritage Harbour’s developer, paid for the bulk of the district’s irrigation infrastructure, even though the lines are owned and maintained by the district, and it would not be appropriate for the CDD to assess Lennar for something it built.

Heritage Harbour South’s attorney Ken vanAssenderp told supervisors the issue of rates is a homeowners association issue, not a CDD issue, because residents pay for irrigation water through their HOAs.