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Two hearings before the Kosciusko County Drainage Board Thursday received opposition because of the fees associated with them.
In the hearing to increase maintenance fees for the Nevin McConnell drain, Syracuse, the increase presented to the public was to raise the assessment from 50 cents per acre to $1 per acre with the minimum being increased from $5 to $20 for agricultural and residential, $25 for commercial and $30 for industrial. The current collection for the drain per year is $4,271.88, but with the approved increase in fees, the annual collection would be $16,583.44.
County surveyor Dick Kemper told the board the upper end of the drain is primarily agricultural with the lower end being in the town of Syracuse. The current assessment has been in place since 1985 and the drain's fund is in debt more than $16,000.
With the increase in the assessment, the drain's tiles will be repaired and/or replaced and brush will be removed and maintained, among other items. The entire drain should be in top condition by 2006. Kemper said the estimate for the assessment is based on a five-year rotation for cleanup. However, the drainage assessment could stop at some point for a year if the drain's fund accumulates a four-year balance at any time.
The new assessment would not take effect for one year. There were four letters of remonstrance on file. Also, Kemper said, nine notification letters were returned for improper addresses while some property owners were on the watershed list who should not have been and others were not on the list who should have been. All will be contacted and given a chance to remonstrate.
Henry Smith told the board that while he understood the need, he objected to the rate of increase all at one time. The economy isn't doing well, and for the county to suggest the property owners pay three times what they were paying all at one time is "out of line." He said the increase should be gradual.
Kemper agreed that increasing the fees ideally should be gradual, but there are more than 145 drains in the county going through a similar process and the fees for the drain already are behind.
"I think the entire board agrees with your position," said Ron Truex, board chairman, to Smith.
The drainage board unanimously approved the increase in fees.
The hearings on the Walter Phillips maintenance and reconstruction finally came to an end. Thursday's meeting was the fifth hearing on the drain's reconstruction rates. While some remonstrators left the meeting happy that work is finally going to be completed on the drain, not too many were happy with the rates they will pay. But the board expected as much, Truex told the crowd at the start of the hearing.
At the first hearing on the drain on Jan. 24, 2002, three rates were proposed - $3,407 for a buffered 200-foot area along the drain within platted areas; $342.19 for remaining platted areas along Flagstone Terrace and Woodfield Estates; and $91.90 for agricultural and wooded wetland areas. That hearing was continued. A second hearing was held Feb. 28, 2002, but was postponed to allow more time to look at costs.
Three new rates were proposed at the third hearing Nov. 21, 2002 - $3,700.30 for petitioners and those who would most benefit, $264 for the balance of the Flagstone Terrace and Woodfield Estates and outlying areas and $53 for wetlands. At that meeting, however, the board postponed the hearing and decided to assess each household equally.
The board held a hearing on one rate of $1,174.71 per household Feb. 27. That was continued until Thursday's meeting because of concerns that one rate wasn't fair to everyone because some people would receive more benefit than others but everyone was paying the same amount.
The final rates presented and approved Thursday included - 5 percent of the total cost assessed to the north part of Flagstone Terrace, 10 landowners will be responsible for $434.64 each; 80 percent of the total cost assessed to the area that will receive the most benefit in Flagstone Terrace, 49 landowners will share $69,542.76 in costs, making each landowner responsible for $1,419.24; and 15 percent of the total cost assessed to the Woodfield Estates landowners, making 14 landowners responsible for $869.30 each.
Ken Murphy, remonstrator, asked how the costs per landowner were arrived at because he never had a problem with water runoff. Truex said determining the rates based on costs versus benefits is subjective but the board looked at the areas where water stood and the areas around that. Flagstone Terrace will benefit the most from the drain's reconstruction, he said, and the board took a look at the whole picture of the drain. At some point, however, he said, the board has to "pick a number and go with it or don't do anything at all. You're living in an area that will benefit more from this drainage being built."
Other remonstrators cited the same concerns as Murphy, that they were not receiving any benefit for the costs they would be paying. Truex said everyone certainly is entitled to appeal the board's decision, but it's never going to be a situation that is perfect for everyone.
The board approved the reconstruction and yearly maintenance rates.
Members of the drainage board are Truex, Donald Goon, Dorris Harrold, Maurice McDaniel and Eldon Watkins. They meet at 9 a.m. on the fourth Thursday of every month in the county courthouse, Warsaw.
