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July 4, 2007
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County to file suit for jurisdiction from sewer district
By Debbie Lowe Staff writer

At the Monday morning meeting, Carroll County Commissioners heard more than an hour of testimony from opponents to the Twin Lakes Regional Sewer District who were asking the county leaders to file a suit in court to regain jurisdiction of Jefferson Township from the district. Those against inclusion explained and reasoned why that has been and would be a mistake for the county. They took their time, spoke to the county leaders with respect and in the end, they prevailed.

In a two-to-one vote, and against the guarded advice of their attorney, commissioners decided the opponents had a reasonable argument and will file a suit against TLRSD.

"We want the commissioners to petition the court for a declaratory judgement to give them jurisdiction over the township," explained opponent spokes person Dean Trennepohl. "We want to take care of our own problems in Carroll County," he said, calling the action a vote "to control our own problems."

No one questioned commissioners' attorney Barry Emerson's assertion that the sewer district already has jurisdiction. However, they did disagree with the finality of the previous commissioners' decision for homes around Lake Freeman to be included in the district.

"Once you give up jurisdiction to a sewer district, it is non-reversible," Emerson said. "I have respect for what has been done."

"Not all laws are good," county resident Terry Dill said. "It's our right as citizens to take care of our own needs and enjoy our own properties. We don't need a $24 million project to take care of our problems in Jefferson Township."

"The commissioners just don't have a dog in this fight," Emerson said.

However, apparently they do now.

"I believe there is a majority of the people in that area who don't want that system," commissioner Bill Brown said.

"How can I overlook the advice of our attorney?" he questioned. "But in my heart I think there has been a real transgression done here that needs to be corrected."

"We're not talking about a $24 million plant," Dill said. "We're talking about taking care of individual needs. Reasonable people do reasonable things."

"Make no mistake, these gentlemen (TLRSD board members) are encouraged to grow - there's a lot of money involved," Dill concluded. "The major driving force of the sewer district is money."

Siding with Brown, George Mears said that Monticello "is pursuing a pipe to Reynolds" to participate in the BioTown project. He said he thought the wastewater treatment plant planned by TLRSD near the Rattlesnake Creek "will be obsolete before it's built."

"Past commissioners were sold on a different plan than what we got," Brown said. "I wish there was a way to correct the gross injustice. Everything has changed since the commissioners agreed to this."

Loren Hylton said the Indiana Department of Environmental Management (IDEM) "knew the rules" when the county's inclusion was accepted and district boundaries were approved.

Carroll County's representative to TLRSD, Wayne Garrison, said the Rattlesnake Creek treatment plant would still be necessary due to White County effluent.

"There's a better way to deal with the system," Mears said as he provided the second to Brown's motion to file the suit.

Sheriff's Dept.

Sheriff Tony Burns told commissioners replacing seven heating and air conditioning systems at the jail should not wait. He explained problems have developed over the years because several different contractors worked on the systems and tried a myriad of solutions, which only compromised the output of the equipment.

"I think it's something we need to address," he said. "But I don't have the money to do it all."

Burns was directed to solicit in writing three estimates for the work and present them at the July 16 meeting for consideration.

Highway Dept.

A proposal by highway superintendent Ron Francis to either chip and seal or patch CR1200W and CR1225W was tabled for further consideration. Neither road appeared on the 2007 road plan for work. Francis suggested removing CR400S from the plan in exchange.

The proposed driveway and field culvert ordinance, 2007-06, was adopted. It will be advertised two weeks in the Comet beginning July 4. For comments, the public can contact Francis at (574) 967-4244.

Bids for Bridge #36 were opened and taken under advisement.

Other business

Economic Development Corporation Director Daryl Smith requested $5,000 to help fund a strategic marketing plan. The total cost of the plan is $21,000. He said all towns and communities in Carroll County will be solicited to help pay for the service.

Commissioners tabled a request to re-zone land owned by Jonathan and Jean Randle from residential to agriculture. The request received an unfavorable recommendation from APC. A decision will be made at the July 16 meeting.

Commissioners accepted the date stone from the old jail as a gift from the Stevens, Randle and Oliver families. It was placed on the west side of the current facility on West Main St., as part of the recent landscaping project.

Delphi Chamber of Commerce will use the courthouse grounds Aug. 7-11 for the 152th Carroll County Old Settlers.

Delphi Preservation Society will use the Carroll Circuit Courtroom Aug. 10 from 7 to 9 p.m. A presentation about fashions from the 1880s, 1890s and early 1900s will be given.

Payroll claims for $184,000.71 and $26,500 (for trustees and deputies), highway claims for $307,968.75 and county operating claims for $196,641.81 were approved.

The next meeting will be July 16 at 9 a.m.

Drainage Board

County surveyor Wayne Chapman reported four work orders received in June for work in Burlington, Clay/Madison and Carrollton townships and on property east of Camden.

The department is updating the cornerstone database.

The next meeting will be Aug. 6 at 8:30 a.m.