By Ed Moreth 

Board chair resigns

Paradise sewer will appoint new leader

 

March 24, 2022

Ed Moreth

BOARD CHAIR – Janice Barber tells board member Terry Caldwell that he could contact Great West Engineering to answer capacity questions.

The Sanders County Sewer District at Paradise Board conducted a special meeting last Tuesday to discuss the buy/sell agreement for its proposed sewer system, but no progress was made and the only development was the resignation of Janice Barber, the board chair.

Much of the hour and a half long meeting was mixed with interruptions and conversations going on in the background by many of the 20 people in attendance while the board was trying to conduct business.

Barber had told the board the previous week that she would give them two more weeks, but handed each board member her one-line written resignation shortly before the meeting was adjourned and walked out. "I'm not negotiating any more. My time is up as of right this second," said Barber. When member Janie McFadgen asked if the board was going to accept it, Barber said she didn't care if they did or not. 

Barber had been the primary voice in the land negotiations with Bridger Bischoff for property needed for the proposed sewer system. She got him to lower his asking price of $276,375 for the six acres to $240,000, along with a $112,000 pay back, and 40 free hookups, one of the biggest contentions among board members and the public. Although board member Dewey Arnold is against giving Bischoff the free hookups, he pointed out that it's a positive that negotiations have not stopped, but continue. Terry Caldwell also went on record that he's against Bischoff getting the hookups and even suggested Bischoff donate the property in exchange for the free EDUs.

Barber said that as long as Bischoff has the 40 hookups, he would be paying $185 a year for each hookup, which amounts to $7,400 for a total of $296,000 of the $770,000 levy. She added that it doesn't matter if he actually builds the subdivision or not, he's still on the hook for the $296,000. If the board says he won't get the 40 hookups, then the money he would have paid would be divided up among the rest of the town, she said.

On Friday, Arnold and board member Don Stamm, along with Commissioner Claude Burlingame, who went in an advisory capacity, met with Bischoff to negotiate. Stamm said they made significant progress and would discuss it at Tuesday's special meeting.

Paradise resident Katy French said the system was specifically redesigned to a larger capacity just to accommodate Bischoff's 40 lots. "If you remove his 40, it's decreased in size, so the cost of the overall facility is not as much, so that $770,000 comes down," she said at the meeting. However, Great West Engineering's Municipal Business Unit Manager Collette Anderson said that eliminating Bischoff's EDUs would not necessarily lower the loan dollar amount. She said that reducing the EDUs would in fact reduce the number of total EDUs that would go toward paying for the system, which would result in a higher cost for each Paradise property owner. The Rural Development funding package consisted of a $770,000 loan and a $1,882,000 accompanying grant, which means they would be reduced proportionally. As a guess, Anderson said the loan could be reduced to $654,443, but then the grant would be reduced to $1,635,000. "Typically the grant dollars are reduced first," she said.

"Our design is based on DEQ requirements, which are fairly conservative for communities such as Paradise. In similar communities we have worked in, we've seen flows between 60 and 80 gallons per person per day. This system is based on 100 gallons per day," said Anderson. 

French insisted that it's unfair to give Bischoff hookups for a subdivision with no concrete building dates and that others who build before him in Paradise might be rejected because of capacity limitations. "In this agreement, there is no timeline for Bridger. He doesn't have to build in three years, five years, 10 years, 20 years, 50 years," said French. She said they are giving Bischoff a monopoly on the access capacity of the system because there's no timeline. She feels the board needs to give Bischoff some sort of timeline and when that time comes to an end, it becomes a first come, first serve situation. Again, Anderson said that having Bischoff's EDUs included would not impact the capacity for the people present or future growth. She also noted that she doesn't know if Bischoff would be interested in selling his property for the sewer system to the county without the promised hookups.

A discussion arose again about the sewer board's debt to the water board, which is now up to around $53,000. French, a water board member, inspected the records and found each individual dollar amount the water board has provided to the sewer board. Caldwell, who is also on the water board, said he's been working hard to get the water board paid. He said he has gone to different sources at the county, including the commissioners, and Great West Engineering, but no progress is being made. Barber made a motion that Arnold submit the bills to Great West and keep the board apprised.

Paradise resident LeeAnn Overman insisted again that the people of Paradise have not voted in favor of the sewer system. Montana lawyer John Thorson, however, researched the voting situation and found that, according to Montana law, there is no additional requirement of an additional election. "Once properly formed, the district has the specific authority to proceed with the project," said Thorson, reciting MCA 7-13-2218. Overman feels the board should stop everything and wait two years and if there's still a need for a sewer system, get a different grant writer that's going to represent the community and not Great West Engineering.

"This is supposed to be about the town. This is not about the subdivision, which as we know this whole thing is about the subdivision. And this is our town," said Overman. Dan Risland, also a Paradise resident, said they need to get a legitimate vote before discussing anything else. "Why go on with all these plans and all this stuff if the majority of the people aren't for it," he asked.

Stamm said that if the present grants are not utilized, it's unlikely any could be obtained in the future. In addition, two funding agencies are holding monies until the board shows some type of progress, such as a buy/sell agreement. Stamm was troubled by the continuous interruptions by those in the audience last week and feels it is interfering with the board's ability to get things accomplished. He has researched Robert's Rules of Order, the standard guidelines of running government meetings, and would like to institute specific time limitations from spectators.

Caldwell said those opposing the proposed system would have to get signatures to put it on the ballot. "Go through the same process as the recall to get a vote on the system. I'm all for you doing that, but it's something the public would have to do and not the board," he said. "If you guys wanted to make them have a vote, go get signatures and force the county to put it up to a vote," he added.

The board's next regular meeting is scheduled for April 12 at 6 p.m. at the church clubhouse, but the board had planned to conduct another special meeting Tuesday, March 22, at the clubhouse at 6 p.m. because some of the funding might run out April 8 if some sort of concrete action is not done. The remaining four board members will also appoint a member to replace Barber.

 

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