By Ed Moreth 

Paradise sewer debate continues

 

August 27, 2020

Ed Moreth

ON THE HOT SEAT – Sunny Chase, president of the Sanders County Sewer District at Paradise, talks about why the community needs a centralized sewer system. Also present are board members Adam Rice and Rick McCollum.

There's now a slight light at the end of the tunnel for those in opposition to the proposed sewer system in Paradise after Commissioner Carol Brooker said she wanted to meet with each resident to hear what they have to say about the project. When someone at the meeting asked the commissioner if the project was a done deal, even if 75% of the community were against it, she said, "It's never too late." 

Nearly two dozen people attended the back-to-back board meetings - water and sewer - Friday evening at the Paradise Center, where several people continued to voice their displeasure at paying for a system they say is uneeded.

Since the end of May, when the Sanders County Sewer District at Paradise voted to go forth with the $4.5-million sewer project, it was thought the bickering over the project was done and it was going to happen, but a small group of residents opposed to the system, and in particular, the $770,000 levy, have been on a mission to stop it. They've put out signs, knocked on doors to talk with residents, and held a protest. They said they had no say in the vote and no chance to object, despite a mailed letter to each property owner giving them the opportunity to put their disapproval in writing. 

"Every single person got a notice in the mail that they needed to protest. Everyone had notice of that protest. It went out to every property owner," said Sunny Chase, president of the Sanders County Sewer District at Paradise. "As far as a redo, I believe we've already voted on the levy and we passed it. And that was after listening to the same people who are in the room right now," said Chase. 

"You guys are not representing the people. You don't listen to us," said Lee Ann Overman, one of the leaders of the anti sewer project movement. Overman said they have a petition of more than 50% of the community who do not want the system. 

"Every time you turn around you guys are lying and saying different things. You can't be trusted," said Overman. "And our commissioners when they take that job you don't get to cherry pick all the jobs that make you look good in the community and in the paper. You work for all the patrons. When you lose sight of that you don't need to be there. You need to listen to the people," she said. 

But Brooker had already decided that she wanted to find out just how many people were against the project and set aside two days in September to talk to community members in an effort to determine if the majority is in favor of the central sewer system. The meetings will be 30 minutes long and held in Paradise. "I prefer the one-to-one meeting; it is just a better way for me to learn from people. I really want to make sure people will be making factual statements," said Brooker, who wants it to be an informal conversation. "This will be a learning session for me. I want to be available for two days so I can get educated on what the people want."

Brooker will send each land owner an invitation. The commissioner's goal is to talk to everyone, not just those who have been vocal at meetings. She plans to set up another public meeting after her one-on-one get-together. "If folks went back on the levy we would not be able to do the project," Brooker said, adding that the funding agency would have to decide what to do about the about $300,000 grant money that's already been spent. She's unsure whether the county would have to pay it back or not. She also noted that the county could run another election, but it would be time consuming and costly. 

But last week's meeting was different in that more people spoke up in favor of the project, including Seth Beech, who presently lives in North Carolina, but lived in Paradise for 35 years and still has property there. Beech countered the notion that people didn't get word of the levy vote and said the letter was clear that to protest the sewer, it had to be done in writing by the deadline. "It's right there in black and white," he said, holding up the letter he received in North Carolina. At one point, Beech had planned to open a coffee shop, but the lot was too small for a septic system. "Paradise needs this for about the same reasons. Lots are too small, the saturation is so high in a small town and so many are in need of repair or were giving a variance," he said.

Raymond Berg, who has lived in Paradise for five years, said he's in favor of a centralized sewer system. "I bought my property here banking on getting a sewer system. I believe in paying attention to the science," said Berg, citing the Montana Department of Environmental Quality's report that Paradise's public water supply wells are in an aquifer that is "highly sensitive to contaminant sources," particularly from "high density private septic systems in the community." Berg was surprised the project continues to be debated because 57% of the property owners voted in favor of a special election to create the Paradise County Sewer District in 2011 to "develop and manage a central sewer system." 

Don Stamm, a resident for 37 years, is in favor of the project and showed his support with a "Sewer Me" sign in his yard to counter the 35 "No Sewer" signs throughout the town. "There are strong feelings both for and against the Paradise Sewer Project. This conflict is about more than the cost of the project. It's about change and progress, and many people don't like change. But, there is no status quo. You're either moving forward or you're moving backward," said Stamm, who added that in the last 20 years, the community population has decreased and that it's a "slowly dying community."

Stamm also noted that the town's aquifer is in danger of contamination. "It is a threat to public health and safety. Just because it's hidden doesn't make it go away," he said, adding that some of the old hook-ups are subject to failure and that some have already done so. Stamm said he hopes that others will also speak up and support the project.

Jim and Judy Hawley also spoke out in favor of the system, citing that their old septic continues to fail and forces them to pay for repairs. Jim said it's just a matter of time before can't be repaired and they have to get an entire new system.

One of the main arguments from those in opposition was that Paradise property owner Bridger Bischoff received 40 votes based on his proposed subdivision. Bischoff said he doesn't know anything about how he got 40 votes and had nothing to do with that negotiation. That was confirmed by Nathan Bilyeu, a lawyer working with Great West Engineering, who said it's a Montana code that determined the weight assigned to the protest based on the share of costs. "It's not really the planner's call on how much weight each protest receives. Since Bridger was planning on 40 units, the engineers presented a plan in which he paid an equitable share of the cost for those units," said Bilyeu. In addition, Bilyeu said even without Bischoff's votes, the protest votes would have amounted to only 32.6% - not enough to stop the levy.

There is no connection fee for residents at the time of hookup, but because Bischoff's property is not yet developed, he'll have to pay a connection fee for each one, which is about $2,000 per lot. Bischoff will be paying an additional $102,000 for the extra infrastructure and $7,400 for his 40 hookups each year. 

Bischoff plans to put in a subdivision, an RV park, and a small convenient store, but he said he understands that some people are not pleased with the sewer project, which was in the works long before his plans. "I think that if the people of Paradise didn't think they got a fair shake they should stand up, that's the county we live in," said Bischoff. 

Chase believes the majority of the property owners are in favor of the system. She said the committee has already received nearly 60 user agreements, which gives the contractor permission to install a hookup at their property. "I just know that Paradise needs a sewer system and the best way to get there is to work together," said Chase, who took a verbal beating at Friday's meeting. Chase feels Brooker's one-on-one with residents is a good idea.

"If this continues on and this project is stopped, this town is going to become a sinkhole. It can't prosper because maybe 25% of the residents have a good sewer system," said Adam Rice, a member of the board. In May, Rice, Chase and Rick McCollum voted in favor of the project and levy; Gary Kelly, who was not at Friday's meeting, abstained.

It was Kelly that Katy French said had told her that it wasn't important that they send in the written protest. French said she also asked McCollum and Rice if she needed to send in the paperwork and neither refuted what Kelly had told her. Rice said Friday that he didn't recall the conversation, but if that would have come up, he would have told her it was necessary to put it in writing by the deadline. French believes that because of what she was told, the vote for the levy should automatically be postpone. "I want to go on the record by saying I am not opposed to the sewer system, but what I'm opposed to is funky politics and things not being done out in the open and transparent," said Mark French.  

Rice said if they don't do the project, they wouldn't get the grant money again. The town received $3,643,000 in grant money for the system and got a $770,000 low interest loan from the U.S. Department of Agriculture Rural Development, which will have to be repaid by taxing each property $185 a year, one of the primary objections by those opposed to the project. Chase said she's looking into a Water Resources Development Act grant from the U.S. Army Corps of Engineers, which she said would hopefully reduce the levy amount and the annual tax payment. She said the amount they might receive has yet to be determined and they probably will not know until later this year or in early 2021. Chase said construction for the project will likely begin in March and be completed in September. Terry Caldwell plans to look into filling the sewer board vacancy left by Jina McHargue, who resigned. 

"As far as the county is concerned this project needs to happen," said Brooker. "We are in charge of public health and safety. Montana DEQ was very clear that something needed to be done."

 

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