No Ruling On Barbee District Yet
July 28, 2016 at 4:25 p.m.
The Honorable Rex Reed heard testimony from current and former Barbee Lakes Conservancy District board members Tuesday in circuit court.
Reed's ruling on the matter was not available as of press time today.
Plaintiffs David Doctor, Fredrick Krull, Lowell Gilmore and Jody Wehr-Krider want to stop Saturday's freeholder election to dissolve the conservancy district.
The plaintiffs maintain the district's purpose, mainly to establish a sewer system, has been furthered through a recently-signed contract and information gathering.
The plaintiffs also charge that some current board members are not upholding their oath of office.
Witnesses for the plaintiffs yesterday were former board members Richard Green, Lowell Gilmore and current board member Richard Long.
Current board member Scott Fox was the sole defense witness.
Answering questions from Jack Birch, the plaintiff's attorney, Green gave a short history of the district's origins and the 1997 lawsuit to dissolve the district a mere two years after it was established in Reed's court.
Green said part of the October 1997 settlement was that the board members take no action until after the February 1998 board election. Four new directors were elected to the board.
"Is it fair to say the 1998 election was contentious?" Birch asked Green.
"More than fair," Green said in answer.
Gilmore said he was subject to personal attacks that had nothing to do with his board responsibilities.
"The board went from pro-sewer to no sewer following that election," Gilmore said.
Gilmore said he didn't attend district meetings on a regular basis and has been more aware of board activities recently.
"I don't want to see the district dissolved. I don't think there's been a full effort to resolving costs [of the sewer system] disseminating information to or educating the public."
In cross-examination defense attorney Rick Helm said that Gilmore lost his board seat in 1997, not 1998, and that the minutes show there were several meetings about cost issues in 1999 and 2000.
Richard Long was appointed to the board in May 2004.
Long said he has pursued financing options, talked with North Webster about sewage treatment and has discussed installing a lake area sewer system with current and former engineering firms. He said he became aware of an existing district plan two weeks ago during an executive session.
In October the board agreed to pay the difference of $70,212 to enlarge a sewer line extending from Oakland Hills Subdivision to the North Webster Elementary School with CARR Development.
"In my opinion that contract was to take sewage from Barbee Lakes for treatment in North Webster," Long said.
"Two weeks before the petition was filed I thought the district was still seeking alternatives to a sewer system."
Under questioning by Helm, Fox said he was part of the Barbee Lakes Quality Network, whose members ran for election to the board in 1998.
"The plan was to go in a different direction," Fox said.
He explained that McMann Engineering was directed to find the most cost effective plan to install a sewer system. That plan was presented in 2000 and 2001 and efforts were made to convey the information to the public through newsletters and meetings scheduled on Saturday.
A survey showed that of 631 respondents, 452 were against a sewer system costing $60 per month with a $2,000 hook up charge and 179 were in favor of the sewer.
"It not not reflect the majority of freeholders," Fox said referring to the 1,500 freeholders eligible to vote, "but it gave us guidance."
Fox said the board's agenda included discussing an end to the district. He also said he signed the recent dissolution petition, but did not circulate it.
"Are you aware of your duties as a board member?" Birch asked during cross-examination.
Fox said he was.
"Do you think your efforts to dissolve the district run contrary to your duty?" Birch asked.
"No," Fox answered. "I can do my duty as a board member and I can still have my opinion as a freeholder."
Birch asked Fox if he saw the recent Quality Network newsletter sent to freeholders.
Fox said he received a copy of the Quality Network newsletter via e-mail from board president Barry Hecker. Fox said he does not know who authored the newsletter or who paid for it to be mailed.
"Quality Network is not an official organization and there are no officers," Fox said. "The letter provided additional information that the conservancy board didn't authorize sending with the absentee ballot."
Helm asked Fox if the current board has moved forward with the district plan since 1998.
Fox said "No." [[In-content Ad]]
The Honorable Rex Reed heard testimony from current and former Barbee Lakes Conservancy District board members Tuesday in circuit court.
Reed's ruling on the matter was not available as of press time today.
Plaintiffs David Doctor, Fredrick Krull, Lowell Gilmore and Jody Wehr-Krider want to stop Saturday's freeholder election to dissolve the conservancy district.
The plaintiffs maintain the district's purpose, mainly to establish a sewer system, has been furthered through a recently-signed contract and information gathering.
The plaintiffs also charge that some current board members are not upholding their oath of office.
Witnesses for the plaintiffs yesterday were former board members Richard Green, Lowell Gilmore and current board member Richard Long.
Current board member Scott Fox was the sole defense witness.
Answering questions from Jack Birch, the plaintiff's attorney, Green gave a short history of the district's origins and the 1997 lawsuit to dissolve the district a mere two years after it was established in Reed's court.
Green said part of the October 1997 settlement was that the board members take no action until after the February 1998 board election. Four new directors were elected to the board.
"Is it fair to say the 1998 election was contentious?" Birch asked Green.
"More than fair," Green said in answer.
Gilmore said he was subject to personal attacks that had nothing to do with his board responsibilities.
"The board went from pro-sewer to no sewer following that election," Gilmore said.
Gilmore said he didn't attend district meetings on a regular basis and has been more aware of board activities recently.
"I don't want to see the district dissolved. I don't think there's been a full effort to resolving costs [of the sewer system] disseminating information to or educating the public."
In cross-examination defense attorney Rick Helm said that Gilmore lost his board seat in 1997, not 1998, and that the minutes show there were several meetings about cost issues in 1999 and 2000.
Richard Long was appointed to the board in May 2004.
Long said he has pursued financing options, talked with North Webster about sewage treatment and has discussed installing a lake area sewer system with current and former engineering firms. He said he became aware of an existing district plan two weeks ago during an executive session.
In October the board agreed to pay the difference of $70,212 to enlarge a sewer line extending from Oakland Hills Subdivision to the North Webster Elementary School with CARR Development.
"In my opinion that contract was to take sewage from Barbee Lakes for treatment in North Webster," Long said.
"Two weeks before the petition was filed I thought the district was still seeking alternatives to a sewer system."
Under questioning by Helm, Fox said he was part of the Barbee Lakes Quality Network, whose members ran for election to the board in 1998.
"The plan was to go in a different direction," Fox said.
He explained that McMann Engineering was directed to find the most cost effective plan to install a sewer system. That plan was presented in 2000 and 2001 and efforts were made to convey the information to the public through newsletters and meetings scheduled on Saturday.
A survey showed that of 631 respondents, 452 were against a sewer system costing $60 per month with a $2,000 hook up charge and 179 were in favor of the sewer.
"It not not reflect the majority of freeholders," Fox said referring to the 1,500 freeholders eligible to vote, "but it gave us guidance."
Fox said the board's agenda included discussing an end to the district. He also said he signed the recent dissolution petition, but did not circulate it.
"Are you aware of your duties as a board member?" Birch asked during cross-examination.
Fox said he was.
"Do you think your efforts to dissolve the district run contrary to your duty?" Birch asked.
"No," Fox answered. "I can do my duty as a board member and I can still have my opinion as a freeholder."
Birch asked Fox if he saw the recent Quality Network newsletter sent to freeholders.
Fox said he received a copy of the Quality Network newsletter via e-mail from board president Barry Hecker. Fox said he does not know who authored the newsletter or who paid for it to be mailed.
"Quality Network is not an official organization and there are no officers," Fox said. "The letter provided additional information that the conservancy board didn't authorize sending with the absentee ballot."
Helm asked Fox if the current board has moved forward with the district plan since 1998.
Fox said "No." [[In-content Ad]]