May 16, 2018 Public Hearing Minutes

May 16, 2018 Public Hearing Minutes

Public Hearing Call to Order

The Public Hearing to propose changes to the LRSD Use Ordinance was called to order by President Jim Haney at 6:00.

  • Present: Jim Haney, Greg Mitchell, Mike DeWald, Bob Marcuccilli, Parke Smith, and Sue Ann Mitchell
  • Absent: Unfilled board position vacated by Paula Stinson

The hearing date and time were posted and advertised as required.

Jim Haney announced the changes being considered: The Board of Trustees of the District desires to amend certain sections of the Districts Sewer Use Ordinance, with a change to the rates and charges identified in the added Section 29.12.3 of the Lakeland Regional Sewer District Amended and Restated Sanitary Sewer Use Ordinance as follows:

  • 29.12.13: A User who fails to connect to the District’s Sewerage System after being duly notified in accordance with Section 7.1 shall be subject to the following penalties in accordance with IC 13-26-5-3(9):
    • Beginning July 1st, 2018 $10.00 per day;
    • Beginning September 1st, 2018 $25.00 per day;
    • Beginning December 1st, 2018 $50.00 per day;
    • Beginning March 1st, 2019 $75.00 per day;
    • Beginning June 1st, 2019 and each day thereafter $100.00 per day.
  • The District may also recover reasonable attorneys’ fees, court costs, and other expenses associated with the enforcement activities.

Public Comments

The hearing was opened for public comment. Two property owners made comments:

  • Scott Kreps (26 B74): Mr. Krebs spoke at length regarding his concerns about the rights and authorities of government agencies to require connection to a public sewer system and to establish penalties for those who do not. Mr. Krebs is not currently connected, but concluded by stating that he plans to do so.
  • Tom Haney (25 B1C): Mr. Haney expressed concern over his ability to meet the requirements of completion prior to the dates in which penalties would begin to accrue and asked the board to consider his efforts and circumstances if he failed to meet the deadlines.

The Public Hearing was closed at 6:12 PM.