Wednesday, September 27, 2006

Water proposal demonstrates why many in Lucas County fear regionalism

Some of the information is reported in the Toledo Blade which subtitles the article, "Townships limit growth, share benefits under plan". Some of the details:

The agreement would allow Toledo to sell water to residents in the townships, but any expansion of water use, such as for new housing or commercial developments, would have to be approved by city council.

The plan also requires the communities to pass a land-use policy and have zoning. Toledo would sell the water with a 75 percent surcharge on the basic rate charged in Toledo.


I don't think anyone would state that Toledo should not make a profit on selling water, even though realistically the water itself is not owned by Toledo it's a natural resource; Toledo is the one who has water delivery and sewage systems in place. It's the control issue that seems to be of the most concern. As quoted in the Blade article:

She (Lourdes Santiago) said by negotiating a deal where the city gets revenue from township developments, the city is not helping another jurisdiction compete with Toledo. Unlike in the past, the city is not looking to annex property, just share in the revenue, she said.

"The growth that takes place could not hurt Toledo because the city will benefit," she said.


As to the issue of annexation, I can't help wondering how many people are aware of the Ohio Supreme Court ruling in March that makes it clear that annexation of property as a condition of providing water and sewage services is allowed and it can be demanded that people can not opt out; from the Court summary:

The Supreme Court of Ohio ruled today that a county combined health district has legal authority to require a property owner to connect his household sewer outlet to an available municipal sanitary sewer system, even when the municipality operating the sewer system requires annexation of the property to the municipality as a condition of connection. Justice Alice Robie Resnick authored the Court's 5-2 decision.

The statement as quoted in the Blade article by Pete Gerkin:

"This gives townships flexibility," Mr. Gerken added. "If they don't like it, they don't have to go there."

I disagree, this proposal would give Toledo and Toledo City Council huge power over what happens in the Townships as far as their economic development. Toledo would be in a position to deny water permits, let's say as an example that Toledo wanted another Costco and one of the townships also had a chance to have one. Toledo could deny the water permit. Townships that want water are not only going to pay the 75% surcharged but have to agree to allow Toledo City Council to determine what they can or cannot have as far as water permits. The whole politcal nature of what our City Council is will be thrust upon these townships, while it is supposed to be nonpartisan, it's not. Maggie Thurber has quite a bit of additional information about this on her blog that I recommend if you are interested in this topic.

Those that I have talked to that don't support regionalism typically state as one of their top reasons they are against it is they don't trust Toledo to not put their self interest first before the rest of the County. This also makes people feel that the majority of the Lucas County Commissioners are more interested in what is best for Toledo rather than the county as a whole. It would have been interesting if the Blade had asked both Lucas County Commisioner candidates what their position was on this proposal. I hope to find that out in the near future.

While I am a Toledo resident now, I have lived in townships, I have friends who live in townships and as one friend said to me, "This is almost like blackmail, either we meet their terms or we can't have water". I'd like to disagree with him but some of these communities have limited options as to their water sources so it does place them in a very difficult position and I see this process as one that could create even more distrust of Toledo and our County Government. That to me is not the path to encouraging regional prosperity.

10 comments:

Maggie said...

Lisa, the way that this was handled has done more to damage a cooperative approach to issues than anyone realizes.

For two commissioners to 1) not want to have public hearings on the terms that were to be imposed upon townships, 2) to not have conversations with the townships about the terms or their concerns, and 3) to refuse formal requests for a delay in the vote from three of the five townships impacted - only until they could communicate the terms to their residents and get feedback...was illogical. What good did it do for the BCC to pass an agreement that no one wants to participate in - just to say an agreement was signed????

I guess I just see the role of the commissioner as helping municipalities within our jurisdiction come to agreement on such issues - not taking one side over the other, or ignoring the concerns of one to the benefit of another.

I've heard many comments since yesterday's vote that this "just proves that Toledo doesn't want cooperation - only control."

And it's a sad state for our county....

Unknown said...

That was my first concern when I read the Blade article too, that this is not going to build regional cooperation if the townships feel they have no input at all into decisions made at the County level.

Then again, that's a pet peeve with our government, either not asking for input or asking for it while making it clear if you disagree it's not going to matter. It's hard to want people to get involved if they believe it's not going to make a difference, yet it does continue to build frustration.

Anonymous said...

I think the title of your article should be "Water proposal demonstrates why many in Lucas County embrace regionalism."

It's good to see the county finally taking some steps to promote economic growth in the entire region. My personal opinion is that these incentitives are a good step, but more needs to be done.

Lucas County should create growth restrictions on pre-existing farmland so if the population grows, people will have to invest inward, instead of outward.

More on this issue...toledo has the water and therefore is in a better position to bargain. Toledo will naturally get the better deal, it's just common sense. In the agreement, Toledo certainly has the right to look out for its own interests, and good for them for doing that while promoting regional economic growth. I say good job to everyone involved.

Unknown said...

Kurt, how does making townships have to go before Toledo City Council before they can have growth in their own townships promote anything positive? While I understand the financial benefit aspect to the city of Toledo and I do feel they should be able to profit from water/sewage that to me goes above and beyond what a township should have to do to be able to get water.

This destroys the whole basis of the townships if they have to go to the City of Toledo to be able to get approval for residential or commercial growth.

Alienating the townships by not even having the decency to include them in the process is not a step forward. It's many steps back.

Anonymous said...

It's simple. It's a contract. If they want the water, they follow the terms of that contract. Brilliant move on the part of the city.

Townships are nothing more than legal tax shelters. If they want the service, not only will they pay for more for it, but they will have to comply with additional terms. Toledo has the upper hand here and should benefit as a result. If the townships don't like it, then they do not have to sign on to it, they just won't get cheap, limitless (and might I add tasty)city water. The LCCs had no choice but to approve this measure, for they should not have any input into the legal dealings of the City of Toledo and their contracts with outside entities. Now, if we moved to a central county government, I might be more for equal rates and township rights. But in the meantime, I'm all for what's best for the economy of the region. And that includes encouraging people to stay and move into the city.

Unknown said...

Toledo water isn't that tasty - especially during algae bloom season and especially at a 75% surcharge.

Only friends who have sulphur water would be better off.

:-)

Nate~ said...

You beat me to it Lisa, Toledo tap water sucks all the time not just algae season!

As far as marking up the price (in refrence to profit)....someone has to pay for new pumps, lines, sewers, labor, exc. cause I don't think that you and I should have to.....

Anonymous said...

Kate,

Obviously the County Commission and Toledo are with me, but I digress.

Let's go with the car analogy. Let's say you buy a new car (water) from Jeep (Toledo), and you don't have the cash to pay hypothetically $25,000 up front. What do you do? You buy the car, with a substantial down payment, and finance the rest with Chrysler Financial. In order for you to hold this car, not only do you have to pay the principle, you also have to pay the interest, and if you don't pay, your car will be repossessed. While you may think it is unfair that you have to pay that interest, and further think that repossession is too extreme, you agree to it so that you can buy the car. Why would Chrysler financial let you possess the car if they couldn't charge you interest? They wouldn't. So why can't the city of Toledo use the same basic financing methods with its water? Simply put, they can, and they did.

Maggie said...

First - Christine, this was water, NOT sewers...two separate systems and the County provides sewer lines in the townships, not Toledo, except with this new agreement, the County can't provide sewers upon request if the area also has water from Toledo. But I agree with your concerns...

Second, Kurt said: "Toledo has the upper hand here and should benefit as a result." Doesn't that defeat the purpose of cooperation? How does such an attitude encourage people to join together for a common purpose? And doesn't the 'strong dictating to the weak' conflict with your ideas of progressive attitudes?

Kurt also said: "Lucas County should create growth restrictions on pre-existing farmland so if the population grows, people will have to invest inward, instead of outward." Well, Kurt, a county government has no such authority. Such authority rests solely in the Townships and with their zoning and land use plans only. As for the idea itself, such a 'growth ring' was tried in Portland and failed miserably with so many unintended consequences.

My personal opinion is that the County shouldn't dictate to any municipality within its jurisdiction, but work with each municipality/township to accomplish the goals they set for themselves - and never take one municipality's side over another.

I agree with Kurt that Toledo is in a better positon to bargain - but there was no bargain, just an ultimatium. And the County never even considered anything else. Toledo isn't the only supplier of water in the area...

Kurt said "The LCCs had no choice but to approve this measure, for they should not have any input into the legal dealings of the City of Toledo and their contracts with outside entities." This is so wrong I don't know where to begin...

One - the contract was between the County and Toledo - that's part of the problem. If Toledo had entered into negotiations directly with the Townships (like they did with the Village of Berkey) much of this wouldn't have been an issue. The city and the townships would have been debating the terms of the agreement. That did not happen. By having the agreement between the County and Toledo, Toledo eliminated any need to do any negotiations as two of the commissioners gave them a blank check on the terms and conditions. Berkey got quite a bit more than just water in exchange for their agreement. The townships impacted by this County/Toledo agreement are getting, if they sign on, water only and losing total control of their independent decision-making.

And two, the County did have other choices (other sources of water, asking the townships if there was anything they'd like included, seeing if the townships had something else to offer the city instead of what was in the agreement), including the option of a simple delay to better inform the people impacted.

Kurt said: "But in the meantime, I'm all for what's best for the economy of the region. And that includes encouraging people to stay and move into the city."

Let me ask this - a company decides on criteria for a new operation. They look at several sites within Lucas County and they decide they want a sight near the airport in Swanton Township. Toledo says, we've got a sight similar inside the Toledo city limits and, unless you pick our sight, we won't allow you to have water at the Swanton sight. The company isn't going to like being bullied - likely scenario - they'll go someplace OTHER than Lucas County. How does such a scenario promote economic development?

And how do you determine that what's best for the regional economy is for people to move into Toledo? Wouldn't it be best for the regional economy for people to move into the region?

Maggie said...

sorry - site, not sight...duh!