Commissioners stand firm on sewer district decision

Although the Carroll County Commissioners were implored to change their minds about filing a law suit against the Twin Lakes Regional Sewer District with threats of spending more money than the county can afford for the action, they stood firm at their Monday morning meeting. Albeit not with a unanimous vote, they upheld the decision made at the July 3 meeting to pursue a suit to declare Jefferson Township to be in the jurisdiction of the commissioners and not the sewer district.

Former commissioner, and one of the original county executive members who invited Twin Lakes Regional Sewer District into the county in 2000, Clara Rider told county leaders she gave petitions against the proposed conservancy district to auditor Beth Myers. She said she did not know the number of signers.

"There are seven miles of people in desperate need of this service," Rider said. "Reconsider this expensive lawsuit. Carroll County citizens do not want to pay for this."

"This is an expense that Carroll County cannot afford," she concluded.

Resident Jonetta Jones said the conservancy district developers seem to be "very committed to their cause," but were concerned that it would take up to as many as 10 years for them to be able to begin providing help to those property owners in need. Jones expressed concern conservancy district organizers might not continue planning for services after successfully being removed from the TLRSD jurisdiction.

Wayne Mikesell, a Lake Freeman resident for 42 years, said he was connected to the sewer district in 2001.

"The sewer has been a terrific asset for us," he said as he explained some area residents were using 55-gallon drums as septic systems before the sewer was put into his neighborhood.

"We're doing this for down the road," said Herb Campbell of C&C Beach, also one of the original group who petitioned the commissioners in the late 90s to request inclusion into the sewer district. "We didn't just look at this one spot."

Sewer district board treasurer Art Anderson talked about the cost involved for the county to take the sewer district to court to settle the jurisdictional issue.

"I'm not exactly the most politically correct person - but I get things done," he said. "The commissioners voting against the territorial authority will be a pain. The buy down (for Carroll County customers) will be $1,000, unless we end up with a lot of legal fees and we have to tack more on to the Carroll County customers."

"I'm asking you to try to not sue us," he continued.

Anderson said there were 35 miles of sewer line to be laid in Carroll County. He said the board allocated $300,000 from other phases to help pay for the Carroll County portion in lieu of grants, which were plentiful when the other phases were constructed. He said there was currently less money available for grants.

"I don't know if you people have noticed a war out there," he said. "It's not like we're coming over here and trying to rip you off. We've done the best job that we can."

Anderson said in a later statement, a portion of the $300,000 would also help customers in White County.

"I own property here," Ed Lucy said. "I'd like to have a sewer system, but I'm opposed to Twin Lakes."

"This will affect everyone in this county before it's over with," Lucy continued. "You are our last line. They are threatening you people personally," he told commissioners.

Jefferson Township resident Dieter Hentschel apologized to commissioners for statements he made at an earlier meeting when he advocated in favor of TLRSD.

"I supported Ms. Rider two weeks ago," he said. "I have now studied the matter more."

He said when he asked Rider how she determined the reported $3,000 amount it would cost each taxpayer of Jefferson Township for the conservancy district, she told him the numbers were supposition.

"No one can convince me that sewage coming from Buffalo has anything to do with the citizens of Carroll County," he said.

Hentchel said Rattlesnake Creek, into which TLRSD will discharge from a nearby wastewater treatment plant soon to be constructed, flows into Adams Township and then into the Wabash River and Tippecanoe and Deer Creek townships.

"We need to handle this problem on our side of the county line," he said. "I urge the commissioners to accept my apology."

"Every time you make a decision, there's a threat of a lawsuit," Adams Township resident and county council person Ron Slavens said.

He noted that 35 miles of pipe was to be laid but it was only seven miles around the lake. He said residents contacted him with concerns that they felt threatened personally to sign a petition to support TLRSD.

"I signed that paper under duress because Mike Darter (sewer district superintendent) threatened me," Lucy responded.

When asked by Rider, Slavens said he supported the lawsuit as a resident and was neutral about it as a councilperson. He said there were easements not signed that would delay construction no matter what the county commissioners decided to do. He also pointed out the engineers for the sewer district were the same engineers who worked the Rockfield sewer district project, which was only resolved after the county council provided financial assistance and county highway undertook the responsibility to repair the roads after construction.

Commissioners' attorney Barry Emerson said jurisdiction was the issue. He said there would be expense and perhaps liability involved in filing a suit against the sewer district.

"I'm not for the Twin Lakes Sewer District, I'm not against the sewer district," he said. "There are good people on both sides. But I think the matter was determined by IDEM (Indiana Department of Environmental Management) back in 2000."

"I feel my motion was correct," Bill Brown said. "I feel the correct thing for us to have done was to form our own sewer district."

"I'm not going to make a motion to rescind (the previous action)," he continued. "I don't think it's inappropriate to spend the money on this."

Brown said financial support from the county council was needed. He moved to put it on the next council meeting agenda.

"I'm willing to stand by my decision," George Mears said. "I do not want this to cost the county, but everybody agrees that there is a problem."

The measure to request funding to support the lawsuit from the council was passed in a two-to-one vote. Loren Hylton was not in agreement with his fellow commissioners.

"I would encourage everyone to talk to your council members," Brown concluded.