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Would You Want To Know?

Finance and Accounting
Charles E. Gillman Company
Accounting Specialist Sales and Marketing
Everready Glass
Sales Reps Administrative & Professional
Jorgensen Brooks Group
Counselor Administrative & Professional
Tucson Urban League
CEO/President Trades/Construction
RANCHO RESORT
MAINTANANCE POSITION Mechanical
Komatsu Equipment Co
Resident Field Mechanic

Sewage treatment, like law enforcement, is a municipal commitment that everyone should be able to rely upon. We are grateful that the Sahuarita Town Council will provide temporary septic sewer service for Rancho Sahuarita's initial commercial areas. Although insufficient sewer service still effectively precludes the sale of some of our properties and adversely impacts our employees and residents, we publicly invite the council to a summit to resolve this wastewater crisis.

Town's responsibility

Unfortunately, a septic system for our shopping center doesn't mitigate the damages resulting from the town's lack of wastewater planning or its attempts to mislead the public and shift responsibility for the town's negligence onto Rancho Sahuarita. Nevertheless, the town has shirked its responsibility for providing sewer service. The town sought permission from the Pima Association of Governments in 1999 to administer the Wastewater System and it agreed to expand the capacity of the treatment facility to 900,000 gallons per day no later than 2006. In violation of that plan, the town negligently expanded the plant to only 490,000 gallons. Simultaneously, it breached its agreement with Rancho Sahuarita to have plans for the next expansion approved by the time the plant reached 75 percent of capacity, which occurred in late 2005. As a result of the town's mistakes, the state imposed a sewer moratorium in June.

Lessons learned

It is not unreasonable to expect the town to comply with its commitments, and utilize the same information that other communities employ to successfully plan for their future. By preapproving Rancho Sahuarita's plats, plans, permits, and houses, the town can plan for future sewer capacity requirements in advance of growth. Lessons can be learned from the town's negligent operation and expansion of the wastewater plant and the violations that were documented by state regulators since the town improperly terminated the plant's professional operator in 2003.

Public assurances

The town's recent position that it now has no obligation to provide sewer service contradicts assurances by the previous mayor that Rancho Sahuarita would always have sewer capacity. During a public debate, current Councilman Charles Oldham offered this promise to justify his opposition to the wastewater initiative, which voters passed last March to limit the size of the plant to service only Rancho Sahuarita, plus about 1,000 acres, unless there was a vote to expand the original service area. It's ironic that the town spent all of its efforts in 2005 and 2006 trying to expand the service area of the plant, rather than trying to expand the plant to serve the area it had previously promised to serve.

Financial challenges

With most of the $10 million of builder connection fees gone from the wastewater fund, the town is now facing severe financial challenges. The economic injury from this lack of planning consists of almost $5 million wasted on building temporary sewer facilities that will be dismantled as scrap within a few years. Regrettably, these unnecessary costs will only be a small fraction of the total damages that could result from the town having to haul excess sewage, expedite the plant's expansion, incur debt, increase resident user fees, pay for litigation and compensate losses.

Good faith

Despite our damages, we want to resolve our differences with the town in a fair manner. However, negotiating in good faith requires the town to accept its responsibilities and acknowledge that mistakes have been made, our ability to sell land has been impaired, and the town is obligated to provide sewer service. Although the town has taken the position that it isn't responsible for expanding the treatment facility, no one can honestly dispute that the community would not be in this predicament today if proper planning had been done.

More than three months ago, we presented to council members an outline of various issues for discussion. It was summarily dismissed by the town manager. In addition, we attempted several times to meet with Mayor Lynne Skelton to resolve this serious situation. She refused to talk with us.

Considering the town's breach of its obligations, and the injury that has resulted from its negligence, we continue to implore the council to sit down face-to-face with us to find answers to this crisis. Good-faith negotiations are always preferable to litigation.