Cape Informer

First, a quick note of humor.. If council had a golf swing, they would need to work on their follow through.

Now, that thought occurred to me while they dissected an item from the consent agenda. Apparently, a settlement had been reached 6 years ago, that said a pair of model homes needed to be relocated, within 3 years. Thankfully, Council simply denied the request for the owner’s changes to his property, and sent the matter back to the City Attorney to have her review the settlement, so that we can see about seeking relief for this lack of movement on the original settlement.

Next, the “I thought there would be a fire storm” non event of the council intelligently setting the rate raising cycle for sewer/water through 2010. They left the already beleaguered irrigation lines at their same rate, and raised 10% the first year on sewer then smaller percentages the following three years. Water will get an even 7% raise per year. I have to point out that if previous councils had seen fit to raise rates with CPI we wouldn’t have had to make such drastic changes this year. It’s a testament to the real thought and value behind most of what council is really doing.

The real firestorm and (pleasant) surprise of the evening occurred during the public comments tonight. A large group of residents came to City Hall. They sat quietly and respectfully. They each stood, during their turn, and spoke. Some nervously, some eloquently. Some with pure honesty in their words and hearts. All with a single topic, all applauding and supporting one another as each finished. Did they come to City hall to fight against raised prices? How about Assessments? Maybe it was about Mayor F’s new Tree Ordinance? No.

The Residents came to speak their peace about Illegal immigration. They organized, worked together, modified their request, and came away with a major victory. Councilwoman Bertolini agreed to a meeting with the heads of the organization to attempt and discuss her concerns with the petition they presented. She even offered to have them to her home. They struck a chord with most of council, and it was apparent by the reactions, and their words.

Residents fighting about the UEP should stand up and take note. When you are reasonable in your position and expectations, well organized, articulate, and willing to compromise, you will get results.

The only council person with a report of any substance was Mr. Day. His report, and his actions this evening, deserve their own, seperate attention. That will occur, soon enough. For now, I’ll just leave you with a quote from Mr. Day, when he was speaking about the “Yet another audit” that he asked to be performed:

“There may be nothing to this”

Did you know that MWH had a streak of 1.9 million man hours without lost hours due to injury on the job? Recently, a small OSHA reportable knee injury broke their perfect streak. From 1999 to 2006 only very minor first aid injuries have occurred.

Safety increases productivity, and morale. It also means lower costs over the life of the project.

Tonight I will be attending the City Council meeting. I hope to hear progress on any methods that the city has been working on to help reduce the per resident costs. If I learn anything concrete, I’ll be sure and share it.

The big topic tonight will be the raising of monthly user fees for utilities. I understand some residents are upset that the monthly price is going up. This is always to be expected. Noone wants to pay more to flush the potty. I don’t blame anyone for the feelings, but this is another of the things that I have some information on in my ever growing data file.

According to Chuck Pavlos, we’re reaching a critical point with the infrastructure at the treatment plants. They will need to increase capacity on the southern plant, before SW4 can fully come online. They are also talking about the needs to ‘prime the pump’ of the North plants, during the rollout of the SW5/6/7 deployments.

It’s a balancing act, but according to my conversation with Philip Tunnah last Wednesday, the process should go smoothly, if they are allowed to build the necessary upgrades according to the timeline. They have the general plan well laid out, and ready to go. We as a city will just have to fund it. I’m sure that’s going to make for yet more interesting nights at Council.

Did you know that during one of the early UEP phases, there was a completely different project being performed, which required trenching on the same streets that they would be installing sewer lines? MWH and Public Works worked out a change order that allowed them to lay pipe while the streets would already be open. This change order saved the city time, and money. It also reduced frustrations for residents, because the road was only torn up once.

I respect Tim Day. He’s my representative for my district. He’s always talking about our area’s unique issues and problems. He’s very vocal about the issues that are important to him, and to his residents. He is a firm supporter of our Charter Schools, and I feel like he believes what he says. You don’t often find someone in politics who sticks his beliefs where his mouth is, and that is an endearing quality.

Today, he and I sit on opposing sides of the UEP issue. He is of the opinion that MWH is not only over charging our city, but that they are potentially performing actions outside of the law. I can’t pass that judgment on MWH, as I have not seen any factual documented proof that they are, or even could, hide any of the actual charges from public view. In fact, the deliberate steps they have taken to increase their daily information recording is actually quite commendable.

During the Townsend audit, MWH learned that in order to reduce the amount of work demand during future audits, they would need to computerize their daily reports. Currently, the City receives a consolidated daily report of every construction item installed, as it is inspected. The printed version of this daily report are several massive volumes of 8 inch binders. The entirety is provided to the City at the end of each UEP phase. All of the billing which MWH allows to occur is inspected via these same records. No sub-contractor is allowed to bill for anything which has not already received final inspection.

Mr. Townsend or one of his representatives actually went into the field, and measured several locations. He measured driveways, sod, pipes, counted fire hydrants, etc. This was incredibly thorough, and I’m personally glad that our city received that level of professionalism. Mr. Townsend made it clear in his audit that he felt that what was charged for was in the ground. He also pointed out a number of points he feels would improve the city’s UEPs. I’ve agreed with a number of his points, as written, and I’ve disagreed with a couple of them, as other information has become available.

Mr. Townsend also sought the payroll records, in an attempt to dig deeper into the system. He was also denied this data. While it may seem insidious to some, the reasoning MWH provided me is both legally, and logically sound. As I posted earlier in News-Press:

“The records relating to this program have been fully provided and complied with in every way. There is a wall of separation between the Company, MWH, and the contract between the City and MWH. The contract, and all of the documents related to it, are open, public, and waiting for your perusal. Remember the City AGREED to these contract rates and terms. The Company, MWH is now billing based upon those AGREED rates. Anything that happens behind that is on the other side of the wall of separation, and no private company has any compelling reason to share that data.”

Now, down to the decisions. Mr. Day is going to have to choose between two paths. One will be continuing down this path, demanding answers that cannot be compelled to be given, without previous proof of wrong doing. The other will be to accept the outstretched hand that has been offered repeatedly, to share information, and work for an equitable solution with the vendor that he took a part in choosing.

If Mr. Day has compelling proof of wrongdoing, he needs to share it. This will allow us to demand those payroll records, via subpoena. If he does not have that proof, he needs to step back from that position, and take a reasoned position which will allow us to continue searching for new ways to fund the future UEPs.

One page of Kessler’s notes detailed Alan Bray’s take of Cape Coral. I have transcribed them here:

“Might be issues receiving records from the Contract Manager because they complained about last audit. (Townsend?)”

“Townsend had issues with Contract Manager.
When he issued his report he was ‘bullied’ and ‘threatened’ by ‘KBR Goons!’
Alan had to jump in between along with another staff member of the city auditor’s office.
Escorted Townsend”

“Alan – issues have been brought up in past re: expansion projects might be illegal activity or fraud going on – project costs”

“could be why hesitant w/ records”

Mr. Bray provided all of this “information” on February 27th, 2006. I called Mr. Townsend this morning to ask him if he had at any time felt bullied or threatened. He said he had not. Mr. Bray provided his own take on the events of the past. This was represented very well in Mr. Kessler’s report, as the allegations from unnamed city employees.

Did you know that in most GMP construction contracts, cost savings at the end of projects are usually shared between the main contractor, and the owner of the contract? In Cape Coral’s UEP, the Owner (Which is the city’s residents in the assessment area) retains 100% of the cost savings.

I attended a meeting with Larry Laws from MWH on Wednesday. Chuck Pavlos and Philip Tunnah also attended the meeting. Our topic of discussion was the various issues surrounding MWH from the previous audits.

Larry showed a presentation first, which included information that was presented by Chuck during a meeting in Washington. You may, or may not know, Cape Coral is actually considered on the cutting edge of public works utility delivery. That little fact is often over looked by residents who are in the midst of heated discussions surrounding our UEP. The newness of the selected management system has it’s own good and bad points. I will however, save that portion of the discussion for another posting.

Today, I will detail one of the conspiracy theories surrounding MWH, and the explanations and offerings of MWH in relation to this theory.

There was much made of Larry’s switch over from KBR to MWH. Many theorists think that KBR, and therefore Halliburton secretly runs the Cape Coral UEP project. Immediate inferences are then made to the overcharging in Iraq by Halliburton. There are enough holes in this theory to drive an overpriced Halliburton Rental Truck through. The real story behind Larry’s switch over from KBR to MWH had everything to do with knowledge retention, and nothing to do with conspiracy or puppet strings.

Larry was the Project Manager selected by KBR for the UEP project. Due to an issue with KBR getting a bond issuance, Cape Coral was forced to select a different Project Manager for its UEP. KBR approached MWH, which was tasked to be the design engineer, and they worked out an arrangement. The arrangement was that KBR would provide the field inspectors, and MWH would take over the Project Management process. The deal was struck, and the idea was presented to the City. The City accepted the change of terms, and the project continued.

During this time, from the initial start of work, through the inability to secure the bond, and until MWH took over and placed their own bonds on the work, KBR had choices. They could have chosen to stop everything, and risk nothing. Instead, they chose to put 7 million dollars out of their money to keep the project running. That meant people’s lives would not be interrupted. Streets would not remain torn up, and the workers in the field could continue doing their jobs. The project continued, and continues today.

Larry’s switch over to MWH occurred at a later time. It was a move on MWH’s part to keep the same team in place to manage the project. These people had experience with the City, and experience with the local geography. Much the same as the contractor’s selected to perform the work.

When I was leaving, I took a brief tour through the office. It’s a non descript office. A disarray of cubicles, every wall covered in a dizzying montage of engineering diagrams. It’s a place of work, and planning, not some richly enlaid enclave of evil fat cats.

My last stop, on my way out, was by Philip’s office. His floor was completely covered with huge stacks of paper. The product of Council Member Day’s information request. He is carefully preparing all of the information Mr. Day requested. Beyond the shock of the reams of dead tree sprawled upon his floor, I noted only one other thing in Philip’s office. Something that struck me as infinitely more important than everything I knew that data represented.

Four simple plaques adorned the window sill. Project Management awards for each year, from 2000 to 2004. A true testament to the work that is ongoing.

My family moved to Cape Coral a few months ago. We came seeking a friendly place to live, where costs were reasonable, and opportunity was abundant. We found something decidedly different. I got involved in the local political scene when I saw distraught residents incredibly upset over the amount being charged for assessments.

On the surface, it appeared that we may have been snookered. My family had chosen to move to paradise, but rueful residents claimed it was a “pair-a-dice”. A huge gamble, where unsuspecting buyers come to town, with a great promise, but instead find themselves captured, Venus fly trap style. Not being one to take everything provided to me at face value, I decided to start looking into this supposedly egregious deception.

My first probe into the system was met with a surprising response. I had grabbed the Mayor’s email address from the Cape Coral website, and wrote a quick note to him, expressing my concern. Having come from a larger city, I simply expected a ‘form response’ most likely an automatic one. To my shock, and surprise, the Mayor himself had responded, 21st century style, from his hand held blackberry, inviting me to meet with him, or with staff, to go over any concerns I might have. This sure didn’t sound like the picture that had been painted of a corrupt, incompetent City Administration.

Maybe it was too good to be true! Perhaps this young Attorney turned Politician was a real slickster. Someone with charisma, and charm, but completely controlled from behind the scenes by the wealthy, powerful elite of the city. There were at least a handful of residents who felt this way. There was much talk of ‘Shadow Governments’ and ‘Wealthy Developers’ who had only their self serving interest at heart.

Many individuals are vilified. The press is loaded with innuendo. I attend council meetings, with carefully prepared statements. I tell the council what I expect. I share the outrage that residents feel at being bilked. I demand accountability. Then, a surprising thing happens. I get accountability. I get genuinely interested human beings, trying to do the work they’re charged with doing. Again, I question the veracity of my own experiences. Perhaps there is yet more to this story than meets the eye.

I watched meetings where developers come to express their case for new developments. They expound upon the monies spent to improve quality of life. They share their vision for Cape Coral. It looks and sounds nothing like the Fly Trap that appeared on the surface. It looked like they were genuinely interested. Interested in making money, yes, but also seriously concerned with providing a lifestyle befitting residents of a growing community.

Cries of incompetence seemed to come from every corner. “The city must be mismanaging!” I hear again and again. So again, I start looking. I ask for meetings with City Staff. Again, I am startled by the absolute openness of staff members, and their willingness to meet with me. I hear of cost savings implemented over time. A dizzying array of projects, meticulously pulled apart, with members of maintenance staff, engineers, and management. This had recently pulled over $500,000.00 off of a single project. The Public Works Director was both proud, and passionate. He felt that his people did a good job. He felt that he was treated unfairly by members of the public and press, and yet, he continued to perform every duty professionally. This appeared true of the finance staff as well. The City Manager, often the brunt of attacks, also maintained a professional presence, and was often righteously indignant at many of the attacks on his staff. With the quality of the people I had met, I began to understand why.

Today, I have a refreshed perspective. One which I wrote about recently for a guest opinion column in one of the local papers. I feel that there really are Two Cities that make up Cape Coral. One consists of individuals working hard, and making their way. Opportunities abound, and great success awaits.

Another city, one where individuals are hidebound by corrupt officials, and callous big money, pervades. It persists despite so much obvious evidence to the contrary. It’s unfortunate, but many residents feel it is the case.

I decided that I needed to write about this. Share what I’ve found, in the hopes that some of the residents who live in our second city would choose to come over, and take a look from a fresh perspective. From this, Cape Informer is born.