February 1, 2007 Dearborn County Regional Sewer District (DCRSD) Meeting Notes

February 1, 2007 Dearborn County Regional Sewer District (DCRSD) Meeting Notes

submitted by Helen Kremer, Logan Township

Present: Hankins, Chairman; Dennerline, Pruss, Enzweiler, Fehrman
(Members Maxwell and Adams were absent)
Also Present: Kramer, Attorney; Baer, Health Dept.; Quinn, Engineer, and Benning, Secretary.

At 7 p.m. Hankins called the meeting to order. Hankins asked members to approve the minutes of the January 4, and January 25, 2007 meetings. Members approved the minutes—all ayes.

The Treasurer’s report was presented.

Mr. Thom Hammond, a citizen of the county, requested to make a presentation to the DCRSD Board, and Mr. Hankins introduced him.

Hammond stated that at a Commissioner’s Meeting in January, he brought up, and asked Hughes and Fox to comment on eminent domain. Fox said the county has never forced anyone and (eminent domain) was not intended to be used in Dearborn County. Hammond continued he was surprised at the comment, and Bryan Messmore invited him to make an introduction to the Dearborn County Sewer group. What Hammond was impressed with was the way they (DCRSD) handled this situation. You listen to people and ask questions, you do not let the attorney run the show. That is not what happens at St. Leon meetings.

Hammond continued that he thought they (Hammond’s group and DCRSD) could work together. Hammond explained that he was chosen to represent a group of people for the purpose of self-defense. They had to seek legal counsel. On April 11, 2005, 116 people from West Harrison, Brookville and St. Leon, received certified letters stating they had 90 days to connect (to the St. Leon Sewer system). They (St. Leon) demanded $4,000 tap in cost, which is just the tip of the iceberg. Summary lists include trenching, labor, grinder pumps, closing and filling septic systems. The real expense for about 100 feet of line is from $8,000-$10,000. Some people would need to pay $25,000 to $35,000. This is a tremendous burden and out-of-pocket expense. Hammond said his group feels it is unfair because others paid $400 for a connection.

Hankins told Mr. Hammond that they are familiar with St. Leon, and at the beginning there was a window of opportunity for people to sign on.

Hammond replied that some people wanted to hook up, and others wanted to do something else. Tap fees now are $4,000. Hammond told Hankins if they are familiar with it, he will move on.

Hammond said the State statute said owners may connect. St. Leon’s statute states they “shall” connect. This is a significant, Constitutional issue, enforcing a law on people that do not live in town. There’s also a question of how town council members were elected. Hammond thinks the county needs to know. The President of the St. Leon Council, Carl Douglas Farrow, turned down the request to hook on and fought it legally. They dropped the lawsuit against him, and he was hooked up with all benefits, when the rest of us were being charged $4,000. Hammond explained that there is a huge distrust in all of this, and the county needs to be aware.

Hammond stated he saw the Vieste report, and the plans for Dearborn County’s NW quadrant, because of Honda. There is hope to grow Dearborn County with infrastructure improvement. Hammond asked the questions, “How can you stand by and let St. Leon take property, and how does the outside world see us?”

Hammond said he attended a workshop at Perfect North Slopes regarding septic systems, presented by the Health Department last year. At the workshop, it was stated that 1/3 of American homes have septic systems and they are working all right. Hammond brought up the perception people have, who live outside of the county, and then he showed the Channel 9 news program which filmed the St. Leon meeting that demonstrated the way those opposing the connections to the sewer system were treated.

Hammond continued that persons have had liens placed on their property, and their attorney has taken care of it. There have been threats of a person’s property being placed for a sheriff’s sale. There are many people affected who are on fixed incomes. If we had not organized and received legal representation, most people would not have the resources to defend themselves. Other situations were described. Hammond stated all of these issues have affected them deeply. He believes John Watson, the St. Leon attorney is spearheading all of this. A Summary Judgment was filed. There could be lawsuits. This has been a nightmare. Hammond thought that since the DCRSD was at the county level they could do something for them—bend some ears and influence people to solve problems, not create bigger problems.

Hankins asked when did the wording “may” vs. “shall” come into effect—1996?

Hammond said stronger wording was used to get customers.

Hankins stated he believed Watson told him that during the bonding process, the decision was made by the people reviewing the bonds. Hankins asked the attorney, Mr. Kramer, if that was true. Mr. Kramer replied he did not know.

Hammond stated he thought the pay back has come due on the bonds, they have to have other resources, and they are increasing user fees.

Hankins said that St. Leon has one of the highest rates in the county. St. Leon’s rates are high.

Hammond said they shouldn’t attach the full burden on the people. Also, at St. Leon, Board members are the highest paid in the county. Farrow voted a 26% increase. They also receive $100 for every meeting they attend. They have EES from Lebanon, OH for engineers—they are paying consultant rates, which are high. The question is whom do they answer to? Who are they accountable to? Hammond suggested first and foremost, amend an ordinance to reverse the trend if you are zoned rural. Have discovery sessions with other townships in the county, and go to the state for bond dollars. If the county wants to grow, have all new builds—every new subdivision, put the costs into the cost of the house. All new builds have to comply—not take people who have a septic system. No one is looking at this logically.

Hankins asked if installation were less expensive, would people consider going on to the sewer system. He looked at Cliff Eibeck in the audience.

Cliff Eibeck said no—I have a septic system.

Hankins told Hammond he would give him five more minutes, and then they had to address other issues.

Hammond said that the town clerk stated people in St. Leon are not paying their user fees. Hammond said if we do not pay our telephone bill they cut us off. St. Leon should collect user fees. Hammond continued this is a town run amok

Dennerline stated there are intergovernmental agreements and you cannot cut people off easily. St. Leon is served by North Dearborn, and the water company. Moores Hill, etc., has the same problem. People pay their water bill, but not the sewer bill. No one wants to pay the sewer bill. Most people don’t like to pay bills. We’ve had people here (contractors, bond companies?) who have said you have to charge $75 a month for a sewer bill—we showed them the door. Using local talent is cheaper, outside talent costs an arm and a leg. I heard 3-4 years ago, the Health Dept. was asked to check into homes with septic. We are not going to be an enforcement agency for St. Leon. There is a similar problem at HVL. They have a terrible problem, and to fix it they have to charge more. It all boils down to management and money. When they hire outside help, they are operating within the law.

Hammond said come up with a most effect remedy—we are having a dialog here. We need gentlemen with wisdom, and experience. The most effective remedy is to put pressure on Fox, Bischoff, and Nugent. You have more influence, allow people with working septic systems to be left alone.

Hankins said one of the issues is that they are all not living in St. Leon.

Dennerline said we do not have an answer here, and neither does anyone else.

Mary Lynn Myrtle (sp.) said it is not just an issue of not being able to afford the connections. The way the system in run at St. Leon is a problem. One gentleman had people over for Thanksgiving one year, and they could not use their bathrooms. St. Leon didn’t get back to them for two weeks. We know our septic systems work, but we do not want to be on St. Leon because of the way it is run.

A discussion was held again asking if people there would get on if rates were reasonable. Hammond said he was a target, and if he got on the system, and had trouble it could be a problem. Hammond continued, we need to get these wounds healed up, and with the new St. Leon TIF district maybe something can be done.

Dennerline stated we (the DCRSD Board) believe most people should be on sewer. Studies show that most septic systems don’t work well.

Mr. Imfeld stated St. Leon should use new development for income, and grandfather us in. Just make this go away.

Mr. Lawson stated he believed St. Leon needed customers, and didn’t want to lay new pipe.

Hankins commended them on their fortitude, and said they will be having upcoming meetings with people from St. Leon and we will approach this subject.

Serenity Ridge

Tom Quinn’s update stated they had two options: 1) approximately $39,000 divided by 7 lots equaled approximately $5,500 per lot;
2) 19 lots for a total cost of $55,200, which equaled $2,905 per lot.

LMH petitioned the Indiana Regulatory Commission to serve Serenity Ridge—the hearing is in May.
Hankins stated the process (for the people in the audience), a final study has to go to the State, a professional engineering seal is required and IDEM approval.

A discussion took place regarding not all homeowners/future homeowners agreeing to participate, some people may be holding back.
Dennerline said that this is very economical, and Enzweiler stated property values will increase.

Stewart Street and Cole Lane

The weather has affected the process. Work cannot be completed because boring equipment doesn’t work well in cold weather, and the materials used become too brittle.

Aurora Contract

Hankins stated they had all the details worked out, but Aurora returned the contract requesting the County Commissioners to consider and sign it.
Enzweiler wanted to know why the County Commissioners?

Dennerline added they (DCRSD) are a separate government entity. Fehrman asked for Kramer’s advice.
Kramer, the attorney, stated it is not legally required.

Dennerline did not want to set a precedent where the Commissioners have to sign.
Kramer stated it would not be a binding precedent. Aurora views this as the county’s money, not a bonded project, which is why they want the Commissioners to sign.

Discussion regarding the area where there are damaged septic systems and people don’t want to hook up. Hankins questioned how are we going to get them to hook up? Doug Baer said it is not like in St. Leon where systems (septic) are functioning. Hankins told Baer to draft a letter regarding awareness of problems, and enforcement, and have ready by next Board meeting.

Dennerline said that he was to meet with the Commissioners at 6:30 p.m. on Tuesday regarding an economic advantage discussion.

New Business

A new letterhead was approved (Fehrman motioned, Enzweiler seconded the motion). Doug Baer told Hankins he would get them new business cards from an economical source. Hankins also asked him to get nameplates for the members because people from St. Leon asked him to identify Board members.

Regarding claims, Baer said regarding the 2007 Budget—additional funds will be transferred by projects, to keep better tabs. The Vera Benning charge will be DCRSD’s charge, taking those charges out of the Environmental Funds. Each project will have a line item. They discussed the need to set up an account with Fifth Third. Baer said he had to buy a new file cabinet (there may have been other items to pay—conversations were inaudible). Fehrman motioned to pay the bills, and Enzweiler seconded the motion—all ayes.

Discretion of the Chairman

Hankins said that he would call a couple of the Commissioners regarding the letter to be signed by them.

I asked why they did not discuss the St. Leon Interlocal Agreement on the Agenda. Hankins said they must have overlooked it.

St. Leon Interlocal Agreement

Hankins asked Mr. Kramer if he had any information from Mr. Watson.
Mr. Kramer said they are waiting for the Woolpert Study.

Dennerline asked if we wanted to get into an agreement with St. Leon, and get into all of this.
Kramer commented they have had enough; they are not going to expand.

Hankins said we are paying for expansion.

Enzweiler said we have the right to have a person on their board. Kramer stated there could be a sub-board, or a seat on the Board.
Hankins said we need to have a voice, and our interests addressed with economic development, and the TIF district.

Dennerline asked Kramer if he has been working on an agreement. Kramer said it needs work. Hankins told him to draft a response to St. Leon.

Dennerline stated this group hammering on us—like it or not, we’re buying into it. Hankins said we have to resolve it.
Dennerline said they just want to fight—how can we solve it? Do you know Frank? Kramer replied he did not, but that’s what they were asking us to do.

Consensus was they needed someone on St. Leon’s Board. Enzweiler mentioned Maxwell because he knows all those folks.

Kramer said he would work on the agreement. Hankins said they would have to find someone for the seat on the St. Leon Board.

Baer said they could not have the room on February 15, for the meeting. Hankins said they will cancel the February 15 meeting, and the next meeting will be the first Thursday in March.

Vera Benning said copies of the Woolpert study were in all of the libraries in Dearborn County.

Mark Stenger, representing Ameritech, said they would like to make available their services to the DCRSD Board to find solutions as fast and as economically as possible.

Meeting was adjourned at 9:45 p.m.

Helen Kremer
Logan Township