Could This Be You?

Could This Be You?
Each dot represents 1 of 4200 homes

Thursday, November 24, 2011

Misinformed? Fanning the flames? I think not.


Many of us heard Congressman, Blaine Luektemeyer accuse some Lake of the Ozarks residents of "fanning the flames", and spreading “misinformation” about the recent confusion with FERC and Ameren on KRMS earlier this week. He also made the comment that we need to just sit back and let FERC and Ameren work it out. He said that “you cannot fix a problem that does not exist”(yes, he really said that).   He also said that we need to  just “let this play out” acknowledging his confidence in FERC and Ameren’s ability to work it out.

Stupefied we were. Did he really say that?


Listen and decide for yourself.

It can be safely said that there is still a problem at the Lake of the Ozarks.   Is anyone else scratching their heads when we are being told that we just “misunderstood”?   Congressman Luektemeyer recommended we READ the documents so we stop spreading so much “misinformation”.   It would appear that our good congressman may think we are just a dumb bunch of hillbillies, but shucks, some of us can read and it is crystal clear that we are informed.  We always have been.  Therefore, Congressman Luektemeyer’s repetitive statement that “you cannot put a solution in place to a problem that is not there” and the insistence that the idea of allowing the same entities that got us into the mess of ordering the removal of 4200 structures at our lake be given the luxury of figuring out this disaster THAT THEY CREATED without some of us being a little upset , does not seem to register with him. 
 Forgive us Mr. Luektemeyer,  if we do not want to take your advice and just “let this thing play out”.  This ain’t our first rodeo, sir.  We have been here before with Ameren and FERC back in 2005-2006 with our last SMP and that was a disaster, too.  In case you did not know that, or if  YOU were misinformed, Google it.  It is all there.  So forgive us if we are not so trusting as yourself.  We do not share your confidence that Ameren and FERC can figure out that little detail of the SMP (shoreline management plan) without a little “fanning of the flames” from the “misinformed” public who are sick of it.  You are pleading with us to “let this play out”; just sit back and wait and trust that they are going to get it right next time around.  We do not have the luxury of that kind of time. 

~Eye roll~ Silly. Remember: It is not a problem, we need to trust them according to Congressman Luektemeyer.

Can someone let Sparky Sharp, or Patsy Riley know that Congressman Luektemeyer says he “can’t fix a problem that does not exist”.  Could you tell those home owners who can’t sell their homes and are still paying taxes on them that they don’t have a problem.  Congressman Luektemeyer said so.  He said he has had one on one meetings with Ameren and FERC and he thinks they will do the right thing.  I don’t know how Joyce Hudson is going to feel about that?  I do not want to be the one to tell her that "there is not a problem" seeing as how she has been told by Ameren that she does not own her house.  Yet, she has been told by the County that if she stops paying her taxes since she is told she does not own her home, that they will take it to a tax sale.  Sounds like a problem.  But, probably not since Congressman Luektemeyer said so. 

~Exaggerated Eye roll…. Again~  

Funny, how he can meet with the “authorities” and chastise the property owners without ever coming to or sending any representative from his office to a town hall to hear from the people.  Remember, there is a lot of "misinformation" out there. 

Did anyone tell Congressman Luektemeyer that 1200 of those "structures" are entire homes where people have invested their life's savings? Has anyone asked him what he would do if a big black line was cutting off the house he had lived in for years, and he was being told it was not his?  Does he know that Ameren is not just claiming that these homes are in their "project boundary", but that Ameren is telling property owners who have been paying taxes for decades that they own their properties "fee simple"?   Did anyone show him the letter that those people got 2 years ago that reads something to the tune: (taken from Ameren's Request for Clarification/Rehearing)...


Dear Mr. and Mrs. X (this could be you):

"Our records reflect that you own property adjacent to the Lake of the Ozarks upon which a residential structure has been constructed. Lake of the Ozarks was created pursuant to authorities granted to the Federal Energy Regulatory Commission (FERC) and its predecessor agency. As a FERC regulated lake, certain restrictions apply to the utilization of the lake and surrounding properties that lie within FERC-designated boundaries known as Project Lands

(also known in many cases as our deeded recorded easement that has been in place since 1932). One of those restrictions is a prohibition on habitable structures on Project Lands. Ameren Missouri is responsible to the Federal Government for operating and administering the Project pursuant to a license issued by FERC.(Not a problem?)
It has come to our attention that all or a portion of your dwelling may be located on property OWNED or CONTROLLED by Ameren Missouri (no problems here) within the boundaries of the Bagnell Dam Project. .....While our license from the federal government grants authority to permit construction of certain types of facilities on Project Lands....the license DOES NOT authorize permits for residential structures on Project Lands.

This determination is based upon a review of records available to the Company and we suggest that you consider having your property surveyed to verify your ownership relative to Ameren Missouri's property interests. We also recommend that you review your title records, commitments and similar land records to determine the extent of the encroachment. While at present we do not plan to take any adverse action respecting your residence, we can give you no assurances at this time. The continued construction and habitation of the premises is done at your sole risk and with the specific knowledge that Ameren Missouri reserves all rights it or others may have to take appropriate action in the future to preserve our property interests.  “   (Nope, no problems at all).

Can someone please give Congressman Luektemeyer this letter and ask him if it were his house if he would be so condescending to the residents of Lake of the Ozarks?   Shucks, we probably are overreacting.  We just need to let this thing "play out".  Maybe he is right.  Let it take years.  Let it devastate our real estate market and kill home values.  He is a congressman.  He knows best. 

Yes, this is the letter that you could have or may still get IF the FERC and Ameren cannot get this figured out.  Note the map above.  Realize that ONLY a small handful of people have even been notified.  MOST have no idea that this is them.   Oh but you will.  The map is not great, but it is all that is shown with reference to the “encroaching structures”.   This is all that can be found anywhere.  The little red dots are representing entire homes.  The yellow dots are representing decks, gazebos, patios, garages, etc.  If you think you could be in one of these areas you better give Ameren a call.  And, then buckle up.

REMEMBER:  That Ameren went on the record last Saturday at the town hall in Camdenton and said that they are only considering moving the project boundary to the 662 elevation for the 1200 homes that fall within the project boundary.  THEY ARE NOT MOVING IT FOR THE OTHER 3000 STRUCTURES.  MOST THAT HAVE THE RIGHT TO BE THERE BASED ON THE DEEDED EASEMENT FROM 1932.  63-162 (BOOK AND PAGE NUMBER).  AND THE ONLY WAY AMEREN CAN ACCOMPLISH THIS IS IF FERC the same agency that says this in their “Order”: 

As a general policy, the Commission does not allow the interests of private property owners to override the public’s use and enjoyment of project lands and waters. Such structures have the potential to impede public access to the project if they are located in the project boundary. This prohibition would protect public access to and recreational use of project lands and waters.”      ...if and only if they approve.
Yeah, those guys have to approve it. 

Same guys that said this....
per FERC Order; July 26, 2011
In the majority of cases, the existing non-conforming structure/encroachment should be removed in a timely manner and the site restored to pre-existing conditions.

Heck Folks, let's just take Congressman Blaine Luektemeyer's advice and "let this thing play out".  It may take another 4 or 5 years or so, and then they still may not get it right.  We could end up with something similar to what we just got, or worse.  But, we the stakeholders, probably need to stay out of their business and let them do what is best for the rest of us.  Probably should just keep our mouths shut and let the professionals figure this out.

Who is misinformed I ask you?

Misinformed?  I think not.  Fanning the flames?  Well, someone needs to.  Let this thing play out?  Haven’t we been doing that since 2005?  Yes, we have and they still cannot get it right.  Should we just let them take another 6 years while real people are suffering and property values are at risk of plummeting due to apathy?  We cannot afford to do that.  Sorry, Congressman Luektemeyer. 

If you pay taxes at Lake of the Ozarks you are a stakeholder.  Get involved.  Get educated.  This is your fight, too.

Quote of the day: “To try to find a solution to a problem that does not exist does not make sense.”

Congressman Blaine Luektemeyer on KRMS radio, November 24, 2011.

2011-11-23_09-00_The_Morning_Magazine_1.mp3





Stay tuned. Daily updates to come….