PERSONAL NOTES AND OBSERVATION
Re: Receivership of Sunilandings Wastewater Facility and Sunilandings Drinking Water Systems.
April 4, 2007
Meeting at TCEQ 12100 Park 35 Circle, Bldg.A, Rm 310D,
Jesse Wood, Debbie Wood, and
Colleen Ryan, Attorney for Jesse Wood
Lisa Sanders
Assistant Attorney General, Natural Resources Division
512-463-2012
512-320-0052
lisa.richardson@oag.state.tx.us
Kari L. Gilbreth
Attorney, Office of Legal Services, Litigation Division
12100 Park 35 Circle, Bldg.A,
MC-175
542-239-1320
512-239-3434 fax
Tracy Chandler
Staff Attorney, Litigation Division
12100 Park 35 Circle, Bldg.A,
MC-175
512-239-0629
512-239-3434 fax
Thomas O. Barnett
Enforcement Coordinator, Enforcement Division
12100 Park 35 Circle, Bldg.A,
MC-219,
512-239-6686
512-239-4562 fax
Andy Lutringer
Receivership Coordinator
The jest of the meeting is that the State said that “it is our position that since you purchased the land from Mr. Leiman that you are now the owners of the utility”. They gave me 2 options, end the receivership and take full possession in writing along with all the liabilities in which case they would hold off on compliance issues or we can go to court and if the court agrees that due to the fact that I did purchase the property I am in fact the owner at which time they will start immediate compliance enforcement.
The recommended 3 main options:
On the drive home we conceded that at this point it looks like we will purse one of the above options as opposed to going to court. I stated that we need to start on all 3 fronts and as we work through each process our direction will become apparent. At the same time we need to start on our Wastewater Permit application.
We were told that there were many, many, administrative resources available to us at no cost. Kari Gilbreth seem to have this list in her head, the others in the group had similar list. I will contact each by email to get those numbers.
PAST MISTAKES WE MADE
Lisa stated in her opening comments that we had $1800 dollars left each month. Not sure how she came up with that number. In our monthly records to the state we have not been documenting any of my man hours, Debbie’s man hours, and the people whom have helped us for free, meter reading time, backhoe time, sewer jetter time, or any travel expenses. Thus the books looked better than they should have. The reason for this is that there was no money to pay for any of these things so why bother billing them. We also did not want the state to think we were over charging. This little “helpful gesture” may have been our biggest foe. I believe that it was the states opinion that we were making monies all this time and putting none back in to maintaining the system and now that there are issues, we want out. I can see how this would look this way, but from our point of view and all those around us that have had to suffer, my computer business being one of them, we have done nothing but our best to keep this thing running. We were never told of the 3 year limit on receiverships. We were never told that we could contact the state and say there were no funds and just shut it down as Lisa explained. We volunteered, we worked hard, we suffered, and now we will continue to pay the price. It will take several years but there is no doubt that we will make it work. I know of no other entity that could do a better job, and I know that the state will give us all the help and support in the future to make it work.
We can start back documenting, interviewing people, find all the receipts, and try to “change” there thinking or we can take our lumps and proceed with one or all the 3 options above. There is no doubt that the homeowners will “revolt” and it will be pure hell if we raise the rates to $200 or $300 per month. We also know from earlier discussions that there is little interest in forming a HOA. Not sure of what it will take to form a non-profit. I does seem prudent however, to start all 3 processes and see which one leads to the path of least resistance.
Jesse Wood
4-5-2007, 5am