February 10, 2015 at 6:55 p.m.

Attorney will handle contract

Jay County Regional Sewer District

Jay County Regional Sewer District Board is done waiting for an answer.
Board members unanimously approved Monday evening turning a contract dispute with the City of Portland over to board attorney John Brooke.
Board president Faron Parr said he’d been in discussions with Portland Mayor Randy Geesaman about renegotiating the terms of the contract between the sewer district and the city, but that those discussions have come to a standstill.
Parr said the contract outlining the use of the city’s wastewater treatment plant details how much residents pay, how much waste can be received and other matters. He added that it also includes a clause outlining that if anything changes, the agreement can be renegotiated.
This led to Parr’s hope that a compromise in the form of a credit to district residents’ bills could be negotiated, but he said after news of discussions went public in December, communication between the two entities ceased.
Geesaman informed him that he’s speaking with Portland Board of Works’ attorney to see if a credit could work, said Parr, but members of the district board feel as if city officials are stringing them along.
“They’re just kicking the can,” said member Randy Mann.
Board member Phil Ford reasoned that if the city’s rate increase is to help pay for its sewer separation, those in the district shouldn’t have to pay.

“Isn’t their increase that they’re experiencing due to their need to separate their sewers?” said board member Phil Ford. “We’re already separated, so to charge our people for that expense doesn’t seem to be very equitable.”
With the increases in city sewer bills, the board had introduced a 22 percent increase in monthly sewer rates for district residents to coincide with the change, but it was voted down in October 2013. The district board has been using other funds to make up the difference.
Questioning who has the power to renegotiate the contract and what can be compromised on, board members Ralph Frazee, Roy Bunch, Don Denney, Joe Sommers, Ford, Mann and Parr approved letting Brooke take over the issue.
Parr added that he’s also in talks with Dunkirk Mayor Dan Watson for the same issue, and that Watson indicated the city is willing to work with the board and city council to come to an agreement, asking for time to run the issue through the proper channels.
In other business, the board:
•Agreed to look into a lien situation on the property of Roger Adkins, a Dunkirk district resident. Adkins said all of his tax payments are automatically going toward the sewage lien instead of his home, which has led to a threat of foreclosure. Adkins told board members he’s currently on disability, only making a set amount of money, and that if they would be willing to work with him, he could make small payments toward the lien if he’d be able to also pay his taxes. The board plans to talk with Brooke to see what can be done to assist Adkins.
•Heard from Ford that his investigation into whether the district’s 40-year U.S. Department of Agriculture loan could be refinanced found no new solution. Talking to USDA representatives and other banking institutions, Ford said he’s been told the 3.5 percent interest rate on the $610,000 loan is the best available until it has matured another eight or 10 years.
•Was updated that the board passed its 2011 and 2012 audit, with the only deficiency being no proof or minutes being available for past meetings.
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