What was the nature of Willdan’s “error?” Did their contract require them to collect the $417,294? If that was in their contract, why was the city willing to allow an outside firm to collect such a large amount of its money? Where was the obstacle to the city collecting the money? Who “forgets” to collect $417,294? Why did the city abdicate its authority to issue a building permit?

Inspections are one thing and understandably deserving of professional oversight. However, issuance of a building permit is a purely civic function once consultants proclaim all is right. How long following the issuance of the building permit was it before city managers noticed that construction had begun? The site is only a block or two from our municipal offices.

Why would the town incur “significant legal costs?” Didn’t the city’s attorney previously review and accept the development agreement as a sound contract? In halting construction at its inception instead of waiting until a certificate of occupancy is sought for the finished project, wouldn’t the city have enhanced its collection position?

The Fountain Hills Times reports that Shea doesn’t believe they owe the money because the fee wasn’t specified in the Development Agreement, yet they report that the city manager said that if the fees had been waived, then the waiver would have appeared in the Development Agreement. If that’s the case, then where is the fee set as a requirement and agreed upon by the developer?

It would be a good idea for the town to post the Development Agreement on the town’s website, so that the citizens can review the details themselves; $417,000 is a lot of money and something isn’t adding up here.