More legal woes for sewer district
Some good news...some legal news
By Debbie Lowe Staff writer

The Twin Lakes Regional Sewer District voted unanimously to reduce connection fees for new construction in Phase III and IIIB at last week's Thursday night meeting. Phase IIIB construction will be in Carroll County, if the sewer district has its way.

But if more than 400 Jefferson Township residents have their way, the sewer district will be replaced in Carroll County by a conservancy district.

H.J. Umbaugh and Associates reported construction bids for the project in Carroll

County "came in far better than the engineers' estimates." The difference was approximately $3 million. Monthly customer rates were determined by the high estimates and loan requests were made accordingly.

So as to not have to return financing already approved for the project, board members voted to redirect the money and shave the cost of the connection fee for Phase III and Phase IIIB customers from $2,500 to approximately $1,000 per household (one E.D.U.).

However, many Jefferson Township residents still want no part of the sewer district as it is configured. They took a legal step June 11 to prohibit being forced into connecting to the service.

After a May 31 evening meeting, more than 400 names were collected on dozens of petitions. Petitioners' attorney Wayne Holmes filed a civil action in Carroll Circuit Court to establish the "Jefferson Township Conservancy District."

"We did this because we feel we can serve the people of Jefferson Township more reasonable and fair than the Twin Lakes Regional Sewer District," township resident and long-time sewer district opponent Pat Robertson told the Comet on Friday. "We want to focus on those residents who need help, but there is no reason for residents to be forced to connect if they have good systems or have enough land to repair system problems in the future and want to do that."

Holmes called the suit "the latest avenue of defense."

"If we have to have a municipality (which is what TLRSD is legally considered by the state), let us have one we can con trol - not one that is out of control," Holmes told the Comet Friday. "The petitioners are just trying to take control of their own lives."

A July 16 hearing in Carroll Circuit Court was set for each party to appear.

"This hearing is to determine the sufficiency of the petition itself," Holmes continued. "And there are more than enough signatures to pass muster."

He said the next step would be to present the proposal to county commissioners to determine the merit of the conservancy district. Holmes said rough estimates indicate the conservancy district would cost one-fourth what the current sewer district has determined they need to operate. Holmes said that information would be persuasive to commissioners for them to agree with sewer district opponents.

According to Holmes, the final determination will most likely be made by Circuit Court Judge Donald Currie to interpret the state statute and rule which entity should control waste treatment in Jefferson Township.

Calling the conservancy district a better option for Carroll County residents, Holmes said, "The sewer district is a monster."

"We know we've grabbed a tiger by the tail and the residents of Jefferson Township are willing to see it through," he said. "We know they have deep pockets - they can raise customer rates to defend their own wrong-doing."

Other business

Board members voted unanimously to grant TLRSD attorney Donald Tribbett permission to proceed with the statutory offer to Jefferson Township resident Ted Crowel to purchase land for an easement. The measure is the first step in land condemnation, or eminent domain, proceedings.

"We can't wait any longer," Tribbett told the board after detailing efforts to reach an easement agreement with Crowel.

"The only reason I'm voting for this is that his lawyer has had this for a month," Carroll County TLRSD representative Wayne Garrison said just before the vote.

The board expressed its collective desire to reach an amicable agreement with the property owner before the matter resulted in court action.

The next sewer district meeting will be June 28 at 7 p.m.