PLYMOUTH — The Marshall County Commissioners continued the process of addressing concerns with the Marshall County Sewer District Board and, in particular, its President Thomas McFadden.
Two weeks ago, the Commissioners heard the concerns of citizens in the district about the cost of the proposed project in the Lake Latonka, Lawrence Lake area. Currently, it is estimated that the project would be at a cost of $220 a month for each user, with an additional cost to hook up to the system that could run as high as $10,000.
In addition, the board has issued a $3 million bond with the cost to be offset by an anticipated grant. The District did not receive that grant and, in addition, has spent between $700,000 to $800,000.
Citizens also expressed concern about McFadden having an apparent lack of attention to the concerns that had been continually expressed to the board.
The Commissioners asked County Attorney Sean Surrissi to examine whether or not they had the power to remove members of the board and just how much power they would have over the actions of the board.
Surrissi said that his opinion was that, as an appointed board, the members served “at the will” of the officers who made the appointments. He had prepared an ordinance for the Commissioners to consider that, in effect, stated that, as a point of clarity, which the Commissioners considered on first reading.
Surrissi further told the board that, as one of the initial petitioners who asked for the formation of the sewer district, he felt the Commissioners could ask IDEM to reconsider its formation if they could present new evidence of why it was no longer needed that was unavailable at the time. He said that the current state of the economy could be considered just such evidence.
Surrissi had also drafted a letter for delivery to McFadden, requesting him to come before the Commissioners at their next meeting.
During the comment section of the meeting, the attorney for the Sewer District, Chris Nussbaum, addressed the Commissioners, stating that it was his legal opinion that the members of the board were appointed for specific terms and that they could not be removed before the completion of that term. He produced case law for Surrissi to examine in support of that view and told the Commissioners he looked forward to continuing to examine the issue.
Commissioner Jesse Bohannon then told Nussbaum that he disagreed with his legal opinion and suggested that he advise his clients that “…it would be wise to them that if they want to remain on that board, to start listening to public input.”
