Monday, February 11, 2008

Counsel: District worth fighting for?

[board counsel Jerome Lammers, response to discussion of dissolution, 2008.02.09]

Charlie & Cory: I have read the comments from both of you on the subject of the future of your sanitary district. All those comments are valid.

First, let me express that the establishment of a district is difficult and expensive enough that if you see even a dim hope of constructing a sewer system, then I would advise leaving it in existence, as the cost would be minimal (annual election/notice) and your meetings could be held only annually, or whatever. If you want to discontinue taxation, you could do that simply by passing a resolution from year to year to not levy taxes for the forthcoming year, notifying the county auditor accordingly.


I have represented sanitary districts at Lake Madison, Brant Lake, Lake Poinsett, Pickerel Lake, Lake Cochran and Wall Lake, as well as other communities, and the frustrations have been largely the same. Most lake dwellers, unfortunately, only want to take from the lake what it has to offer, without any thoughts as to preserving it or giving back to it. They want a pinch penny existence and object to any expenditures such as a sewer system. Board members are understandably reluctant to buck that existence, but those who have done so have been rewarded (along with dodging flack that always comes). Any lake worth its existence, in my opinion, needs a sewer system. Septic tanks are never as good as the day they were installed. I know, I have lived with both. All septics eventually will contribute to the pollution factor of a lake in some degree, whereas a properly constructed public sewer system will not.


That said, if you do not have the population density to support a public sewer system, then the choice is much easier. But that is a different question than the one as to whether one is needed and should be supported. Brant Lake is currently in the thick of combat with residents (most objectors being absentee landowners) but is proceeding with construction efforts. If you wanted to visit with one of their board members, you should contact Jan Nicolay, the chair there, who is a very knowledgeable person with an excellent background. Kathi at our office could give you her phone number if you wish....


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