Weaver was a guest of the Kosciusko County Redevelopment Commission during their regular meeting.
Weaver said because the lake lots are small, the septic systems are small and usually inadequate. The department approves repairs, making them better than before. This doesn't mean they're adequate for the task.
"We approve repairs but the systems are still small," Weaver said.
The Barbee Chain of Lakes e. coli count is less than 50 parts per billion, except at Putnam Ditch.
Commissioner Bill Warren said, "I think people believe sewer systems will cure everything."
Weaver said that was true, but the lakes with e. coli problems are those that have been sewered for 30 or 40 years - Center, Pike and Waubee have the most trouble with high e. coli levels. Ten lakes are tested once a week; 250 parts per billion is acceptable.
"For example, there is runoff on both sides of the public beach at Center Lake. It's been closed for three weeks. That's from a storm sewer that has a possible connection to the sanitary sewer. It's an old system. There are not septic systems there, so the contamination comes from another source. At Center Lake the count is in the thousands."
Septic systems must be 50 feet from the waterfront and 50 feet from the nearest well.
Weaver said the county health department has an Environmental Protection Agency-approved lab to test bacteria levels in water wells and wells are not to be contaminated, as a rule, around the lakes.
Warren asked if standing water in a yard was a serious situation.
"It's not a real good thing, but it doesn't mean sewage is necessarily flowing to the lakes. But sewage laying in a yard can go to the lake and it means there is inadequate treatment," Weaver said.
He said weeds in the lakes are a problem, a situation that occurs in cycles. Because of mild winters and little ice cover, sunlight penetrates to a lower depth and promotes weed growth. Zebra mussels clarify the water and that allows sunlight to go further down.
"The problem is, if anyone wants to build on, add another bedroom, say, or put a garage on their property, they can't because of the septic field. With a sewer they can do whatever they want," Weaver said. "If they try to rebuild now, the septic must be up to code and they just don't have the room. The word is out to builders and excavators. Everyone must check with the health department first (before building)."
"What do you say to the homeowner who can't afford the sewer rates and tap-on fee?" commissioner Lloyd Owens asked.
"I'm not sure what I'd say. Their property values would go up. In the long run, sewers are the best option."
Weaver said the creation of wetlands helps filter out a lot off pollutants, especially runoff into ditches.
Warren said people seem to fear rampant overdevelopment at the lakes, which would be possible at the lakes without controls.
Weaver said it's one of the reasons for the anti-funneling ordinance, which will come before the county commissioners Tuesday.
"It's a control similar to the one adopted in Steuben County after a lot of development had occurred. Theirs was passed a little too late," he said.
State Rep. Dave Wolkins also spoke before the panel regarding new eminent domain laws.
Wolkins authored an approved legislation which lists specific blight conditions if a redevelopment board plans to turn a property over to a private developer.
"If the land is going to be used and developed specifically by a public entity for public use, the laws are the same," Wolkins said. "Ninety percent of the time eminent domain is for roads or streets or some other public use, it's the 10 percent that was being abused we wanted to address."
Wolkins said the property must be "blighted" and very specific conditions must be met for this distinction. The process is much more expensive to the private developer.
A property owner losing ground over eminent domain must be paid 150 percent of the accessed value if owner-occupied; 125 percent of the AV if agricultural; and 100 percent if the property was used as a business, plus the business owner would be "made whole" with loss of income compensation and attorney's fees paid if the case goes to a jury trial.
Wolkins cited cases in Connecticut and Ohio as his reason to develop the state law, however, when pressed he said he was inspired by a situation in his hometown of Winona Lake.
"I haven't admitted this publically but the local situation was what got me started on the whole issue. I didn't like the way it was handled. Ironically, as of five months ago, (Ralph and Joellen Fitch of Larwill) hadn't picked up their check of $72,000.
"I've never used it as an example, but it probably couldn't be declared blighted under the new rules.
"I think its a nice addition to the area, I question whether it is for public use. It (the apartment building) just didn't fit into the program."
The property is on the corner of Park Avenue and Canal Street in Winona Lake and is at the northeast corner of the Village At Winona where it sits as a grassy area.
Wolkins said some good projects have already been held up because of the legislation. Riverbank Development in Goshen is being delayed because of one property owner not in favor of the project. All parcels must meet the blight conditions. If one doesn't meet the conditions and the owner doesn't want to sell, then the project cannot proceed.
He said a statewide project to make trails of abandoned rail lines could be pushed through because it is for public use. When a railway abandons a line, the land goes to adjacent property owners. If the state or local government maintains the trail, the property could be taken under eminent domain.
In other business the board:
Took creation of an economic development growth council under advisement.
Heard the amount Louis Dreyfus will retain from the tax increment financing district has been changed to 87 percent from 82 percent to allow for deceleration lane construction on Ind. 15.
Heard about a Sept. 7 meeting with VeraSun Energy representatives (see accompanying article).
Set the next meeting at 6 p.m. Oct. 12, prior to the county council meeting.
Redevelopment commissioners are Max Courtney, Owens, Warren, Bruce Woodward and Larry Teghtmeyer.