Sewer district fights back

2007-08-08 / Local News

All interested hear conservancy district facts
By Debbie Lowe Staff writer

The president of the Indiana Conservancy District Association addressed a crowd of more than 80 Thursday night at the Yeoman church. He clarified facts and dispelled myths and rumors about what a conservancy district is and is not.

If there were opponents to the establishment of a conservancy district in Jefferson Township, they did not make themselves known. No one in the crowd spoke against the formation. Most questions concerned how a conservancy district is different than a sewer district. State association president Bill Holland's responses were short and to the point.

"I can't stress enough, it's all about home rule," Holland told the listeners.

"The good thing about conservancy districts is that you own the district," he continued. "You elect the directors. If you don't like what they are doing, you vote them out."

Carroll County Commissioners have been asked by Jefferson Township residents to file a declaratory judgement. That action requests the court to declare who has the right to do something when it seems like two or more entities have the same right to do it, according to Wayne Holmes, attorney for the conservancy district.

"The commissioners are the only ones with the legal right to bring a suit," Holmes advised.

He explained that in 2000, the commissioners at the time invited the Twin Lakes Regional Sewer District to provide service to a portion of Carroll County and they accepted. Holmes said a new group of commissioners in 2005 uninvited the sewer district and that request was rejected by the sewer district's board of directors.

"Currently the Carroll County Commissioners don't want the district to come here," Holmes said.

TLRSD opponent Pat Robertson explained the sewer district is now taking steps, and spending money generated by rates charged to customers, to fight the formation of the conservancy district. Robertson described a letter hand-delivered in July to Carroll County Commissioners' Attorney Barry Emerson from sewer district attorney Donald Tribbett. She said the letter said in part, "It appears politics may prevail over reason."

Robertson read the letter which stated that the sewer district is "clearly within the common good and benefit" of the residents of Jefferson Township. "Opponents do not appreciate the concept of common good."

Opponent Terry Dill said he disagreed with Tribbett's assessment of the situation.

"Once we gain control, we won't have that threat anymore," he said.

Dill told the crowd that one rumor is that no one can build a wastewater treatment plant and system for less than TLRSD. He said the conservancy district has no plans to build a treatment plant and they do not intend to condemn "good working septic systems."

Carroll County resident Dieter Hantschel referred to his letter to the editor that appeared in the July 18 issue of the Comet.

"I attacked the idea of the conservancy district," he said.

But after talking to conservancy district organizers, receiving "a dose of credible information" and not being able to substantiate cost information offered by former county commissioner Clara Rider, he said he changed his mind.

"I made a mistake by writing that letter," he admitted. Holland explained Indiana Code gives a conservancy district the power to determine who will be required to connect to their service. He said they have the power to make everyone connect, "but they don't."

He said conservancy districts are taxing authorities unlike a sewer district. However, the members of the board of directors of a conservancy district are elected by those who would be taxed. Six out of seven TLRSD board of directors are appointed by the White County Commissioners. Carroll County Commissioners appointed one member to the board, Wayne Garrison.

"If you want to serve (on a conservancy district board), you aren't going to tax needlessly," Holland emphasized.

"The (Carroll County) commissioners are under the gun right now," Dill said. "They've got some serious decisions to make."

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