Utilities Commission: A Forensic audit and public enquiry must occur

Just who exactly is in control at Windsor Utilities Commission?  Presently serving on the commission’s board of directors are Councillor’s Bill Marra, Ron Jones and Ken Lewenza, Chairman.  Previously, in 2006 Dave Brister, Ken Lewenza and Ron Jones served on the commission.
According to A-Channel news coverage (transcribed below):

Resident 1:  They won’t tell us nothing about that, they won’t even talk about it.  They think we can pay it, well how are we going to get it?

Resident 2:  (I worked at) Windsor Utilities for 29 years and it’s a waste of money.  A waste of money.  I’m gonna sell my house and move out.

Reporter:  Skyrocketing water bills caused tempers to boil over at a public meeting held by the Windsor Utilities Commission.  Water bills for the average home in Windsor will be rising roughly $79 a year and sewage rates an additional $225. 

Mayor Eddie Francis was frank in explaining why that hike wasn’t gradually implemented over the past 10 years to reflect the true cost of replacing the city’s network of antiquated pipes. 

Mayor Eddie Francis:  Part of the reason that was never addressed was because of politics.  (Raises eyebrows and shrugs shoulders).  Very simple.  You don’t see the pipes.  This, between the past commission and this commission is the very first time and I know it sounds ridiculous, but it was the very first time that a study was done to effect what a proper rate would be.  In the past they just took a number out of the air and said “This is it.”

Reporter:  Back in 2004, a water main replacement levy began appearing on people’s bills.  They presumed to replace 80 year old cast-iron pipes like this one (holds up cast iron pipe).  However, it turns out that’s not where the money was going. 

Mr. Zalev:  The water main levy, which was approximately 13%  of the fixed meter charge on the water bill was being used to fund operations. 

Reporter:  The Windsor Utility Commission admits it was operating unsustainably, but says the rate hike will allow it to turn the corner and guarantees that dollars earmarked for operations and earmarked to replace pipes will remain separate. 

Mr.  Zalev:  The water main levy will pay only infrastructure and capital projects.  It will not be used for operations, it will be held in a separate bank account.

Mayor Eddie Francis:  We’re not going to play shell games.  And we’re going to go back to doing business practices in the sense that, if this is what the dollars are being established for, this is where the dollars have to go. 

Mmm, very interesting.  The Mayor claims we’re going to go back to business practices.  Except…one little question – why did councillors receive the substantial pay raise of 22% back in 2005 to ensure that this was occurring?  If you recall, on March 30, 2006, Mayor Eddie Francis stated this:

The structure of Enwin Powerlines had to be reorganized and councillors were asked to step onto the boards to provide “more public oversight to get things fixed,” Francis said. “Councillors were there for seven hours a day. We had significant problems at Enwin. It took a lot of meetings and a lot of time.”  

Councillor Zuk, at the time stated that the problems at the “utilities” have been resolved:

“…councillors’ salaries will drop this year because there won’t be as many meetings to attend, now that the problems at the utilities have been resolved.”

At the public forum Mr. Zalev stated:

Utility officials said they have to increase the water rates to replace 60 per cent of the city’s water main infrastructure and recoup the true cost of treating water. City officials hiked sewer rates to pay for the expansion of the Lou Romano Wastewater Treatment plant and infrastructure upgrades. 

But wasn’t that the reason given back in 2003, according to the January 23, 2003 edition of the Windsor Star:

The five-per-cent capital levy will appear as a separate line on water bills. The money generated by the levy — $1.2 million to $1.5 million per year — will be used for replacement and improvements to Windsor’s ailing water main system.

“We have to provide for the future,” said Wayne Miller, chief engineer of the water division.

So we were told explicitly in 2003 that the funds would be used for replacement and improvements.

Then on Saturday, it was all a big misunderstanding.  What the Mayor and Mr. Zalev stated was not true.  According to the Star:

When the utility’s books were analyzed in 2004, officials discovered the utility wasn’t spending anywhere near enough replacing water mains to keep up with its aging system. In a presentation Thursday at an open house to explain a water rate increase, Francis said that the money collected from the water main replacement levy was going into operation costs. He implied that the money wasn’t being spent on water main replacement, but it turns out, that wasn’t true. After implementing the water main replacement levy in 2003 that brought in about $3 million in revenue, the utility spent about $10 million per year replacing water mains. But it should have been spending $20 million per year, Francis said.  

So, in other words, was the WUC misappropriating $10-million per year?  Call me naiive but that is still a diversion!

We also find out that the city has no intention of collecting funds from 1,000 residents who have not been paying anything for their water or sewage service – to the tune of $3.2 million over five years.  FOR FIVE YEARS no-one realised that these ratepayers were getting a substantial freebie from the city?

What??  Does anyone know what is going on Windsor Utilities Commission?  Mr. Zalev apparently doesn’t.  The Mayor certainly doesn’t and not a word from our three councillors currently serving on the board.  Why exactly are our councillors serving on the board again?

The objective of having councillors on the Commission was to provide public oversight to make WUC accountable -  and they were paid big bucks to ensure this happened.  You mean to tell me that when the books were analysed in 2004 and councillors as well as past-chairperson Mayor Eddie Francis did nothing to rectify the problem?

I don’t buy the reasoning.  And Ken Lewenza, current chair says we’re not looking for blame.  Great – there goes ensuring accountability at the WUC.

I’m sorry, but councillors failed to protect the public interest.  Councillors failed and continue to fail to ensure that those responsible are severely reprimanded.  If this was a private corporation, the board of directors, its chair and company president would be asked to resign.

Since 2004, and with full knowledge have councillors on the board, as well as the present and past chairs knowingly overlooked this “diversion” of public dollars?

And all the Mayor can do is shrug his shoulders and say the reasons were political?

Yes – political alright – there was an upcoming municipal election – afterall, former Councillor Joyce Zuk stated the problems had been resolved, didn’t she?

This controversy deserves nothing less than a forensic audit of Windsor Utilities Commission and public enquiry.   Quite frankly, since the problems were not resolved, and the practise of diverting funds continued, all councillors should refund the $8,200 they received from sitting on the WUC board – because they were apparently asleep at the switch.

Because as the stories change, it is clear we cannot trust our elected officials to oversee operations of Windsor Utilities Commission – and Windsorites  are now paying, when they least can afford it,  for our Mayor’s and certain members of council failure to provide public oversight and accountability.

The Power of the Blog?

It would appear that after posting my blog highlighting the City of Windsor blocking access to my site from employees, it would appear city employees again have access.

According to a reader:

As of Friday morning, your blog was accessible at City Hall. Must have been a glitch ;)

Some address specific  “glitch.”

12 Responses

  1. This is just one more example of the failure of public officials to ‘give a damn’ about any of the taxpayers money that they are spending. I can almost guarantee you that all the money collected over the next few years will not result in any appreciable improvement in anything; but they will say we have better ‘infrastructure’ and then will continue the charges for a few years and then will say we need an increase to pay for infastructure improvements. When will we get a politician who says if I don’t perform I’ll pay back the money you paid me?
    No one has said anything about the landlords in this city, who mostly can’t charge extra for water because the utilities commission only put in one meter for a building instead of one for each unit; they are going to be nailed to the cross at a time when vacancy rate are at an all time high, but guess what; the members of council and the mayor don’t really give a crap; they just collect their salaries and stipeds and graft and move on.
    Blame, blame, blame, that’s what the councilors do; and a lot of good that does the taxpayers.

  2. Call the Ontario Auditor General and tell him that we need him for this WUC mess.
    A shell game Mr Francis states it not going to happen. Well, why is $1.4 million being diverted from the watermmain levy this time?

    As for the 1,000 homes who received FREE water. They can STILL recuperate some costs. Because of a “glitch” it does not entitle a person to free water or free anything. If you charge an item to your credit carda nd ti does not show up on the bill, but a few months later the credit card company sees that you did charge an item they can they put it on the bill at that time. This applies as well.

    If the WUC is not going to go after the money, then I believe ALL ratepayers should have a refund placed on their bills for the portion that these homes received for free. 1,000 homes for 5 years divided by the number of ratepayers in the city. I should at least receive this refund because I and everyone else PAID for their water. If not, then I should connect my hose to my neighbours house and get free water because I can. It that not stupid logic? It is as stupid as not going after the water these people received for FREE for 5 years!

    Call the Auditor General and make it known that you want nothing less than an austi of WUC.

    ….interesting this didn’t come out BEFORE the election. Politics? Yes Mr. Francis, it is STILL about politics.

  3. I’m hoping someone will correct me or inform me more on this but – doesn’t London have an elected Auditor to oversee things of this nature?

  4. The question that begs asking is ” where did the money go?” Clearly, the day to day operating costs of the city where higher than disclosed to the taxpayers as they spent the utilities money.
    And, we should all refrain from paying our bills until they charge the residents of the new sub divisions, who got off scott free! Aren’t we all equal in the eyes of the city. Of course the City can go back and charge them all. They know who they are and they know they have been bilking City Hall since they moved into their new homes.
    Enough of this council and mayor……. they should all be replaced. Not looking after taxpayers’ money …. shame on them.

  5. I have sent an e-mail to the auditor general asking how we go about demanding such an audit. Does anyone here have a quicker answer on that one? I don’t think we will have any problem rounding up some folks to e-mail the heck out of whoever we have to in order to get some answers if there are any to be had. Lemme know if someone out there knows who we complain to. Thanks

  6. Hello, Mr. Schnurr. Blocking access to your blogsite doesn’t make you “lonelier”, it makes you more credible. To have such an action acknowledged by a municipal employee merely solidifies Windsor city council’s reputation for pettiness.

    Taxpayer #999: Deplorably, the motivations behind your comment are too common. Many readers of this blog and other Windsor-area blogs have expressed a desire to legislate recall laws. In a state the size of California, recall laws are reasonable. In a city the size of Windsor, recall laws wouldn’t work. Essentially, your “Pay-for-Performance” concept is attractive but shortsighted, especially on a municipal level, as mayors and councilors use their own money to win campaigns. I think having recall laws at the municipal level would create problems inherent in minority-government situations, i.e. disagreements would hinder the passage of key legislation, by-laws and the like.

    Water rates have been artificially low for years. Moreover, the materials used to construct water infrastructure are more durable, albeit more expensive, than they were years ago. Think about it. Water is distributed through materials that corrode in water. In my opinion, the worst aspect of the water rate increase is the timing. The rate increase comes when Windsor’s unemployment rate is depressingly high. Surely, an independent audit is required. But what will a public spectacle accomplish? Who will pay for the public inquiry? The same people who are complaining about water rate increases. Although, I would like to see The Teflon Mayor and his crew try to publicly rationalize funding a public inquiry with taxes. Would it surprise anyone if King Francis, Heritage Jones, Marra and Lieut. Lewenza diverted some of the money from the rate increase to pay for a public inquiry? Politicians should be working with industries to invent and install things that conserve water and not “working” on utility boards. If the board of the WUC gives itself another raise in the next few years, then ratepayers could form a valid argument.

    I don’t know if the mess at the WUC is real or manufactured. However, I do know that the WUC mess doesn’t reflect well on Mayor Francis. How can anyone trust him to make the airport and the tunnel profitable corporations? I hope he doesn’t think that a sizable hand-out from Dalton and gang will magically make him more trustworthy. Remember, King Francis, a hand-out is worthless if you spend it improperly.

  7. Windsor has low water rates because we have an abundant source of water and it is cheap to distribute because of our flat topography. We have no need to conserve water. It’s a nice touch feely tree-hugging thing to do, but we don’t have to cope with diminishing water levels in reservoirs and rivers during the summer, say like Brantford does.

    “Water is distributed through materials that corrode in water.”

    Those would be the parts of the system that utilize iron pipes most cities are replacing. New or replacement watermains are made from PVC which does not suffer from corrosion.

  8. I can not believe the huge fraud that is about to be perpetuated here. Everyone is focused on the increase in the water rate to pay for the improvements needed to the distribution system. However, this is but a minor factor in the overall tax grab that is about to occur.
    Two thirds of this increase has NOTHING to do with replacing these rusted pipes. The watermain replacement levy on your waterbill will rise by about $10.00 per month and that is the extent of your investment in cleaner pipes. Another $8.50 is being generated by the increase in you fixed meter charge which goes into WUC;s general fund to be used for whatever they desire. (this is exactly what they said they were trying to avoid)
    But the biggest increase you will see on your new water bill is reserved for the City of Windsor Sewer Surcharge which will increase by about $11.00 per month with no accompanying explanation. When I called 311 for an explanation I was flaberghasted as the operator repeatedly told me I was wrong because the city actually lowered the rate from 190% to 150% of your water bill. While this is true, the new rate is applied to the increase in your total water bill therefore there is substantially more revenue going to the city. While she agreed this was true she still insisted it was a decrease because it wasn’t the cities fault that the water rate went up and they adjusted there rate downward to correspond. In reality if WUC doubled the cost of water and the city cut the sewer surcharge in half then the new sewer rate would be revenue neutral, in reality it is anything but neutral and represents the largest part of this new increase.
    The city is hiding behind WUC (which they control) in order to make them accountable for this increase when it is clearly there responsibility. Call your councillor, call the mayor, call AM 800 to voice your opinion, write a letter to the editor and don’t let up or they’ll do it again.

  9. I don’t understand why we are paying for work that is to be done over the next ten years. Why are we not paying for the scheduled work to be done next year?? The WUC has proven they can’t handle fiscal responsibility and the cost for future improvements is going to do nothing but go up. To me this is what the citizens of Windsor should be VOTING on. There should be a petition started in this regards. Also, they have said nothing about future acountability of funds, and how can we trust the fact that if our personal water consumption goes down, that our bills will too. We are at there mercy.

  10. Why is everybody yelling and screaming about the 1000 households not paying for water calling them theives ( albiet they are) but no one is calling for the the O.P.P. to look into the fraud that the W.U.C. has perpetuated on the water rate payers of Windsor?? Diverting funds is a polite way of saying we stole your money. I don’t know about the rest of you but if I pay for a service from a company and they take my money and spend it on other items and don’t deliver on the service you purchased do you think you would give them more money?? or call the cops and your lawyer??
    Also correct me if I’m wrong but the city is responsible for infrastructure of the city, that is what our tax dollars are “suppose” to be used for. This includes roads, garbage, police..etc… With the 600 million dollars in estimated costs to repair our sewers and water mains doesn’t anyone else see that this includes ripping up the road and replacing it….. the city is getting a great deal out of this…. Because the water pipes both main and sewer are under the roads, Council will not have to budget for road repairs on the affected streets and use that money saved to spend on paying rent for vacant office space or hockey arenas, multiple studies on how to build a bridge basically to have more money to waste or to look like heros cause they balanced the books….
    This is not a rate hike it’s a tax hike and we are being taxed disproportionately and without public debate…. we are all equally responsible for road repair but with the levy tied into water usage the heavier water users pay more while the lower users pay less…

    so instead of calling for an audit file a complaint with the O.P.P. and they will do the audit in order to determine if charges are to be laid..

  11. It seems that majority of those 1,000 homes did contact WUC about their bills – most people are honest. No one wants to get a bill with 3 or 4 months of services just after buying a house. Also heard that the number is less than 1,000.

    So the Mayor that wants a Communications Department is at the head of one the biggest miscommunication fiasco’s to date in Windsor.

  12. It seems to me that the mayor and his so called advisers know how to play politics, but they don’t know how to run the business of our city.When all is said at the end of the day good polititions do not make good business men. Our mayor is living proof. I believe his political ambitions out weigh his fiduciary duty to the people of Windsor and his lack of conscience enables him to continue to fleece the good people of Windor. As we all know, it is we the people who elected him, so we own part of the blame. If we can, we should do like they do in the states and impeach him to remove him from office, if the political system will allow us.Politicians should held accountable for their lies and deceptions.

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