July 23, 2014 at 2:10 p.m.

Residents vent over sewer issue

City says it’s not to blame for forced hook-ups

By Rachelle [email protected]

During an emotional and lengthy meeting Thursday morning, local residents voiced concerns about being forced to hook up to a city sewer line.

Residents of county roads 150 South and 100 North near Portland received letters from the Jay County Health Department in early June, ordering them to tap into the city's sewer lines.

According to the health department, the homes must be connected to the sewer lines because their property lines are located within 300 feet of the sewer line.

Expressing displeasure about a $500 tap-in fee and a requirement they waive their rights to fight future annexation by the city, residents and a county official met with the Portland Board of Works. At least one resident cried at one point during Thursday morning's meeting, with others visibly angered.

Portland Mayor Bruce Hosier and city attorney Bill Hinkle pointed out several times Thursday that the city wasn't the driving force in requiring the hook-ups.

"The letter did not come from the city," Hinkle said. "If you don't want to hook up, the city's not making you hook up. We're not forcing anyone here to hook up."

Despite that assertion, the city's ordinance states that a connection "shall" be made to the public sewer where available. That ordinance applies anywhere a city sewer line is installed. A Jay County sewer ordinance adopted in 1981 also requires that when a municipal sewer line runs within 300 feet of a property, that property "shall" be connected to the line.

According to the city's sewer ordinance, property owners living outside the city limits tapping into city sewers must waive their right to fight future annexation. Several of the 14 property owners who attended Thursday's meeting of the Portland Board of Works said they did not want to waive those rights. The waiver also applies to future property owners.

Curt Puterbaugh, Norman McCowan and Debra Bowers were among those who said they did not want to sign the waiver.

"I don't think it's right to be forced to sign away (my) rights," Puterbaugh said.

Puterbaugh, who was the first property owner to address the board, asked board members for permission to tap into the city's sewer system without signing the waiver. His request was promptly turned down by the board.

McCowan said he was considering buying property near his home and possibly creating a farm there. He said he was worried that if the land were annexed, he would have to get rid of his animals because they would be inside the city limits.

"I'm not willing to sign a contract ... that people who live there after me cannot fight annexation," McCowan said.

County road 150 South resident Debra Bowers said she felt it was unfair to address each request to not sign the waiver on a case-by-case basis. "The whole street does not want" to sign the waiver, she said.

"I'm trying to be fair," said mayor Bruce Hosier.

"Well, you're not being fair," Bowers said, getting red in the face.

The sewer line that affects residents on county road 150 South is located south of the city and runs from POET Biorefining-Portland to the wastewater treatment plant. The line is being used by POET and is planned to eventually service the residents of the Foxfire addition. The county recently dedicated this line to the city.

County officials, who paid for installation of the line, had a verbal agreement with the residents who live on county road 150 South that they would not be required to tap into the line until their septic systems failed or if they chose to do so, but those stipulations were not covered in an agreement giving the line to the city.

The other line recently was extended north to Portland Municipal Airport, which is located on county road 100 North. The line was installed by city employees, along with the parts needed to connect to the line.

Other property owners attending Thursday's meeting aired their frustrations with both county officials and the tap-in fee.

Missy Puterbaugh, who lives on county road 150 South, said she hoped that if the city installs a sewer line in the future that anyone who might be required to tap into the line receives adequate notice.

"I think it's unfortunate that the powers that be that installed the line (on county road 150 South) did not let you know. We anticipated that was going to happen. I direct you to go back to them," Hosier said of county officials.

Others expressed concern about the city's $500 tap-in fee. Some who live on county road 150 South said they felt they should have not have to pay it because the county already installed the part to connect to the city's sewer line. Others said it would be difficult for them to pay the fee in today's economic climate.

See Sewer page 5

Continued from page 1

Dan Watson, who was speaking on behalf of residents of county road 150 South and who also is the county's engineer, reminded the property owners that once they tap in, they will have to pay the city a monthly service fee of $32.10. He said it made no sense to charge a tap-in fee for those who live on 150 South. "You've got other fees to pay" for upkeep of the lines he said. Earlier in the meeting, Hosier said the tap-in fee would be used to cover line maintanance costs, the extra capacity at the wastewater treatment plant and upkeep of the plant.

"My feeling is that those people on 150 South should not have to pay that fee," Watson added. "They have none of those costs," he said in reference the costs to install the sewer line.

"Thank you for your comments, but the city has stated its position," Hosier said.

Donna Sanders and Patsy Pepple said they were concerned about coming up with the money for the tap-in fee.

"It's sprung on us at a very bad time," Sanders said. City attorney Bill Hinkle said the county likely could grant Sanders an extension to tap into the line.

Sanders said her husband just lost his job and it's going to be tough for them to pay costs associated with tapping into the line.

In a related matter, three requests to tap into the city's sewer were approved by the board.

The requests were made by Gerald Beard, 1397 West 150 South; Bud Beard, 1295 West 150 South; and Vicky Lochtefeld for 1204 W. Votaw St., which is the future site of Buffalo Wings and Rings.

None of the applicants attended the meeting.

Also Thursday, board members:

•Approved two change orders for the Boundary Pike/Wayne Street project and tabled another.

The most costly order was to add 800 feet of piping to relieve flooding during heavy rains along West Elder Street. Herb Berg, who is supervising the project, said the Indiana Department of Transportation refused several requests from the city to pay 80 percent of the $46,200 cost, because INDOT felt the work was not necessary.

The second change order that was approved is to replace a clay tile that was found during construction. Berg said the tile was found along Floral Avenue, between Chicago Avenue and Boundary Pike. The tile was very fragile and could easily have been broken during construction, so it had to be replaced, he said. The city's portion of the cost will be $857, with INDOT paying the other 80 percent.

Board members also reviewed a change order to purchase electrical fittings for the new streetlights. The city's portion of the bill would be $638.

Berg said the subcontractor that created the plans for the lights accidentally omitted the fittings. Board member Bob McCreery suggested that the subcontracting company foot the bill.

Board members decided to table the matter until they could talk to the subcontractor.

•Voted to grant a leak adjustment to Paula Barron, 910 S. Meridian St.

Barron said her water line leaked between the meter and her house. The city's ordinance allows the sewer portion of a large water bill to be adjusted down to a three-month average if the leak occurs between the meter and the house.[[In-content Ad]]
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