Sewer district granted new judge
TLRSD threatens counter suit
By Debbie Lowe Staff writer

A hearing to determine the validity of a petition, filed in Carroll Circuit Court by a group of Jefferson Township residents opposed to becoming part of Twin Lakes Regional Sewer District (TLRSD), was scheduled for 9 a.m. July 16. No mention was made of the looming court date at the TLRSD Thursday night meeting. Sewer district attorney Donald Tribbett was also noticeably absent from the bimonthly district meeting.

However, Tribbett filed a motion the following day on behalf of the sewer district to request a new judge be appointed to the case.

On Monday morning, every seat was filled, and 36 additional people lined the perimeter of the courtroom, as Circuit Court Judge Donald Currie granted the request. He instructed the attorneys for both parties to choose a new judge by mutual agreement within seven days. Currie said failure to reach an agreement would mean he will appoint a panel to choose a judge to preside over the case.

"I had no inkling this was happening," opposition attorney Wayne Holmes told the crowd after the five-minute hearing.

After pouring out of the courtroom, many of the spectators went to the Carroll County Commissioners' meeting, which was in progress on the second floor of the courthouse. Former commissioner Clara Rider was on the agenda to address the conservancy issue.

"There are a lot of people in Jefferson Township who are not in favor of the conservancy district," she told commissioners. "I don't think they (conservancy district proponents) have analyzed the costs."

Rider noted the recent reduction for the connect fee by the sewer district as a measure to help with customer costs. She further recommended those property owners in Stoney Creek be excluded from the sewer district.

Rider, who owns two parcels of land in the township, said it was unfair for everyone in the township to provide sewer services for those who own property around the lake. She said approximately 40 names were collected on a petition prior to and during the earlier court hearing.

Rider requested commissioners rescind a two-week-old decision to begin proceedings to regain jurisdiction of the township. That decision could result in a lawsuit with the sewer district.

"There's no money to sue," she said. "A conservancy district can tax, a sewer district can just charge."

However, opponents disagreed with Rider, not only about the need to allow TLRSD to continue but also about the validity of the petition presented.

"I would like to think you wouldn't throw your neighbors to the wolves," township resident Ed Lucy said. "Don't think they (TLRSD) are going to stay in one spot."

Jim Promeski attended the court hearing. He told commissioners he signed the petition as he entered the courtroom, but did not understand what he was signing at the time. He said he scratched his name off the list when he realized he had signed a form in favor of the sewer district. He said others who attended the hearing made the same mistake and said he thought the petition was not valid.

Describing himself as "one who got thrown to the wolves," Robert Mount said he was forced to connect to the sewer district's line when he had a good working system. He said he was so angry about being included in the district, he kept track of the cost per flush the first year he was on the system. The cost was $20 per flush. Mount does not live within sewer district boundaries throughout the year, but pays for the service year-round.

"Beware of the Twin Lakes Regional Sewer District," he warned. "You just need to be extremely careful."

"There are folks who need it," he concluded. "Make sure you understand what the sewer district is trying to do."

Opponents to the conservancy district said one problem with the plan is the possibility of everyone in the township being taxed for the service limited to some.

"I see no reason why we should be taxed or the door opened for us to be taxed for something we have no use for," Don Wiley said.

County council member Steve Ashby said he disagreed that everyone in the township would be taxed for the service to a few. He explained that Carroll County already has two conservancy districts, which work very well. He said he is familiar with the Bachelor Run Conservancy District and that only those who use it pay for it. He said there are 86 conservancy districts in the state of Indiana.

"You made a right decision at the last meeting," long-time district opponent Pat Robertson said. "Stand firm on your decision. We need you folks to stand up for us."

"This whole thing has been a monster and a nightmare from the very beginning," commissioner Bill Brown said. "I don't know what's the right thing to do."

Commissioners' attorney Barry Emerson said he received a hand-delivered letter from Tribbett that morning and the content seems to further complicate the matter. The letter threatened a counter suit against Carroll County if commissioners made a decision that would lead to a construction delay. Tribbett said in the letter that a bid was accepted for the project and if a delay happened, the district could be forced to re-bid, thereby possibly driving up the cost of the project.

No decision was made about Rider's request to rescind the decision to petition the court for a declaratory judgement for Carroll County to have jurisdiction of Jefferson Township.

And with that, most of the audience left the room.