Barbee Board Accepts Petition To End District
July 28, 2016 at 4:25 p.m.
A petition with 303 signatures to dissolve the Barbee Lakes Conservancy District was accepted by the board of directors Wednesday.
The dissolution petition is allowed since no construction projects have been approved by the board in six years (IC 14-33-16). Board Secretary Scott Fox said he certified the signatures. The next step is to enter the petition with the county circuit court.
The action was met with howls of protest and accusations of underhanded maneuvering by board members Barry Hecker, Scott Fox, Bart Brugh and Don Harris.
Many people said there wasn't enough notice for the meeting. Fox said the Mail Journal and the Times-Union both received 48 hours notice, per state statute.
That explanation didn't satisfy many of the 70 district residents because the meeting wasn't publicized until Tuesday.
"I've never heard of board members going out with a petition," said resident Bill Thompson. "What about your oath of office?"
Fox said any freeholder has the right to petition.
Board members' oath (IC 14-33-5.4-8) is: "I do solemnly swear that I shall, to the best of my ability, strive to accomplish the purposes for which the district is established and properly to operate and maintain its works of improvement."
Both Brugh and Hecker said they solicited signatures for part of the 82-page petition.
People demanded copies of the document and Hecker asked that folks sign up for copies. They will be distributed within a week and a half.
Following certification of the petition an election will be held among freeholders. They can vote "yes" or "no" to dissolve the district.
While residents talked among themselves, the board voted to approve the petition.
An election date of Dec. 3 was set. It will take place in the Barbee Conservancy Club building from 9 a.m. to 9 p.m.
Residents wanted to make sure they received a ballot and that it wasn't sent to a mortgage or title company.
Fox said the addresses used would be the same as the ones used to send property tax bills.
One freeholder per household may vote regardless of the names on the deed or if several properties are owned.
Absentee ballots are counted as long as they are received by Dec. 2.
Residents said it didn't make sense for the board to purchase two new laptop computers if they planned to dissolve the district.
Fox said the item had been budgeted for three years and all district property would be auctioned, if the district is dissolved.
The districts funds would go to the county general fund, although Fox said he would ask that the money be given to Tippecanoe Township.
Dissolution will take a majority of votes. At least 300 people must vote for the election to be valid.
Hecker said following the election, the question of a sewer system will be answered once and for all.
"We're either going to put it in or we're not," he said. "Both sides are angry. The last vote was against a sewer system. Others want one put in."
Information was given regarding election of board members with Districts 4 and 5 seats available, currently represented by Hecker and Harris.
Candidates need to notify the board by Dec. 1. Board elections are the last Saturday in February.
Earlier this month board members agreed to pay more than $70,000 to developers of the Oakland Hills subdivision. The money is the difference between an 8-inch sewer pipe and a 6-inch line to North Webster from the Armstrong Road development. The larger pipe would accommodate the future addition of Barbee sewage customers.
Fox said the contracts arrived Wednesday and no check was written.
Costs for sewer installation were reiterated. If the district receives all available funding, property owners would have a grinder type system. To lower costs to about $50 per month (including electricity to the pumps), up-front money would be $5,000 to $5,200. Monthly costs could be about $72 if the up-front money was $1,500.
The next conservancy district meeting is Nov. 21.
Board member Dick Long was absent Wednesday.
On the Net: Indiana Statute governing conservancy districts: www.in.gov/legislative/ic/code/title14/ar33/ [[In-content Ad]]
A petition with 303 signatures to dissolve the Barbee Lakes Conservancy District was accepted by the board of directors Wednesday.
The dissolution petition is allowed since no construction projects have been approved by the board in six years (IC 14-33-16). Board Secretary Scott Fox said he certified the signatures. The next step is to enter the petition with the county circuit court.
The action was met with howls of protest and accusations of underhanded maneuvering by board members Barry Hecker, Scott Fox, Bart Brugh and Don Harris.
Many people said there wasn't enough notice for the meeting. Fox said the Mail Journal and the Times-Union both received 48 hours notice, per state statute.
That explanation didn't satisfy many of the 70 district residents because the meeting wasn't publicized until Tuesday.
"I've never heard of board members going out with a petition," said resident Bill Thompson. "What about your oath of office?"
Fox said any freeholder has the right to petition.
Board members' oath (IC 14-33-5.4-8) is: "I do solemnly swear that I shall, to the best of my ability, strive to accomplish the purposes for which the district is established and properly to operate and maintain its works of improvement."
Both Brugh and Hecker said they solicited signatures for part of the 82-page petition.
People demanded copies of the document and Hecker asked that folks sign up for copies. They will be distributed within a week and a half.
Following certification of the petition an election will be held among freeholders. They can vote "yes" or "no" to dissolve the district.
While residents talked among themselves, the board voted to approve the petition.
An election date of Dec. 3 was set. It will take place in the Barbee Conservancy Club building from 9 a.m. to 9 p.m.
Residents wanted to make sure they received a ballot and that it wasn't sent to a mortgage or title company.
Fox said the addresses used would be the same as the ones used to send property tax bills.
One freeholder per household may vote regardless of the names on the deed or if several properties are owned.
Absentee ballots are counted as long as they are received by Dec. 2.
Residents said it didn't make sense for the board to purchase two new laptop computers if they planned to dissolve the district.
Fox said the item had been budgeted for three years and all district property would be auctioned, if the district is dissolved.
The districts funds would go to the county general fund, although Fox said he would ask that the money be given to Tippecanoe Township.
Dissolution will take a majority of votes. At least 300 people must vote for the election to be valid.
Hecker said following the election, the question of a sewer system will be answered once and for all.
"We're either going to put it in or we're not," he said. "Both sides are angry. The last vote was against a sewer system. Others want one put in."
Information was given regarding election of board members with Districts 4 and 5 seats available, currently represented by Hecker and Harris.
Candidates need to notify the board by Dec. 1. Board elections are the last Saturday in February.
Earlier this month board members agreed to pay more than $70,000 to developers of the Oakland Hills subdivision. The money is the difference between an 8-inch sewer pipe and a 6-inch line to North Webster from the Armstrong Road development. The larger pipe would accommodate the future addition of Barbee sewage customers.
Fox said the contracts arrived Wednesday and no check was written.
Costs for sewer installation were reiterated. If the district receives all available funding, property owners would have a grinder type system. To lower costs to about $50 per month (including electricity to the pumps), up-front money would be $5,000 to $5,200. Monthly costs could be about $72 if the up-front money was $1,500.
The next conservancy district meeting is Nov. 21.
Board member Dick Long was absent Wednesday.
On the Net: Indiana Statute governing conservancy districts: www.in.gov/legislative/ic/code/title14/ar33/ [[In-content Ad]]