Sewer project woes continue; board willing to meet one-on-one

Noreen Hyslop photo Homeowners from an area southwest of Dexter look over a map that depicts the layout of a proposed sewer project passed by voters in April 2003. Residents opposing the project have gathered at two meetings in recent weeks in an attempt to resolve issues regarding the sewer project plan.

Tom Green, who carries the title of Ombudsman for Property Rights in the State of Missouri, presided over the earlier meeting on June 17 and again Wednesday night before a once-again overflowing crowd of about 65 residents who demanded not only answers, but options, regarding the pending placement of a sewer system that many say they did not request and do not want.

Green's job Wednesday night, as it was during the June meeting, was to explain to residents in the path of the proposed sewer system the options that exist and the procedures the law dictates to be followed, with regard to the installation of the system.

Defining the reason for his presence, Green first told those gathered that he was there in accordance with State Statute 523.277, which states that "the Office of Ombudsman for Property Rights shall assist citizens by providing guidance, which shall not constitute legal advice, to individuals seeking information regarding the condemnation process and procedures."

That "condemnation process" is what dozens of residents southwest of Dexter are currently facing.

Many of those affected by the proposal are in receipt of letters from the sewer board, explaining the process that the board is to take in getting the sewer project underway. Following the initial letter there came a second notice to residents with a monetary proposal for the easement from landowners needed to complete the project.

If residents wish to contest that easement purchase proposal, Green explained, they have the legal right to do so. Each is given a 60-day period during which they are asked to either accept the proposed price offered by the sewer board for easement on their property, or if they choose to reject the offer, they should put that sentiment in writing to the sewer district. In turn, a hearing will be scheduled in front of a county circuit court judge who will study all issues involving the offer and then use the power granted to him to either accept the proposed offer or to send the offer to a jury to be decided. Either way, Green explained, the process will delay the construction process for "probably at least 120 days."

Contention from residents in southwest Dexter lies not only with the way in which they believe their sewer district gained support for the sewer project, but as much or more so with the proposed fee for sewer use, which was projected by the majority present Wednesday to be between $60 and $100 on average per month. That figure differs significantly from the figure of $48 which came from a conversation with Sewer District President David Agey on Thursday.

"The monthly fee is based on a household using 5,000 gallons per month at a cost of $5 per thousand," Agey explained. "Add a base rate of $28 and that comes to $48 per month."

"We have a perfectly good and affordable system in use," said one woman in attendance, "and we don't see why we should have to hook on to this new system when we're fine with what we have."

Yet, a vote for the project went before the people in 2003 and was approved after an earlier attempt failed. The necessary notices for the vote appeared in The Daily Statesman, as required by law. Many at the two recent meetings argued that they never knew an election over the issue of a new sewer system was going to take place.

"They didn't want us to know about it, " voiced one landowner in attendance Wednesday night.

The need for residents opposed to the sewer project to meet with sewer district board members became evident in the early portion of last night's meeting. Green, whose task it is to inform residents of their lawful options regarding the project that is about to become a reality in their neighborhood, stressed to those gathered that their arguments regarding the legality of the sewer project and the vote that enabled it to proceed, needed to be taken up with the sewer board. None of those board members were in attendance at the Wednesday night meeting. The sewer district's president, David Agey, was aware of the meeting, and had stated publicly that he would attend upon Green's request.

"I did not ask David Agey to attend this meeting," Green told the group gathered, explaining that issues for the sewer district board should be addressed at another time directly to that entity, and not to Green, who was present in Dexter to inform residents of their rights by law and not to contest the actions of the sewer board.

Still, residents hammered away at the board of directors, asking why they were not represented Wednesday night and questioning the process that designated those board members to their positions.

"Just how did these individuals come to represent us?" asked one landowner.

Following the meeting, Stoddard County Presiding Commissioner Greg Mathis, who was in attendance along with Commissioner Carol Jarrell, explained that following the April 2003 election, during which the sewer project was approved by voters, the commission was required to appoint a sewer board.

"Prior to that time," stated Mathis, "a steering committee was in charge of the election and getting information out."

That steering committee, Mathis said, consisted of David Agey, David Mulcahy, Rocky Moore, A.D. Cox, Bruce Christian, and Jerry Gossett. That committee then provided names of individuals to be considered for the sewer district board. Those names were approved by the commissioners and have since been altered, with some members recently resigning over disputes having to do with the sewer project and other issues.

Currently serving on the sewer's five-member district board are Agey as president, along with Kim Conner, David Mulcahy, Richard Ash and Robert Shell. Of that group, four have been appointed since May of this year. Conner joined the board only last week, filling a position left vacant by the resignation of Ronnie Atherton. Mulcahy and Ash were both re-appointed in May when their terms expired and Shell was appointed to replace Dan Dowdy who also chose recently to resign from the board.

The process of appointing board members, Mathis explained, begins with a recommendation by the sewer district's board. That recommendation is considered by the three Stoddard County commissioners and the person then goes through the formal approval process and subsequently is appointed to the board. It's a process that was questioned by many in attendance Wednesday evening.

One woman in attendance stated, "I would have gladly served, but no one contacted me. This appears to have all been done under the table and we don't like it one bit. It looks like they just appoint people to the board who they know will be in agreement with everything they do and we have no input as to what they decide to do."

Sewer District Board President David Agey, along with Board Member Robert Shell met today in the offices of their legal representation, Natalie Riley, on Business Hwy. 60. The meeting was announced during Wednesday evening's meeting, but the audience was mistakenly told that it would be an open meeting for the public. Rather, the meeting involved discussion between Agey and the project's engineer, William Green (no relation to Ombudsman Tom Green). A handful of residents showed up the meeting and two of them took up the invitation to meet individually with Agey and Green for the purpose of more clearly defining the map that depicts the route of the proposed project.

A special meeting of the Sewer Board is scheduled for next Wednesday at the Hidden Trails Country Club, but guests will not be heard during that meeting, according to Agey, who made himself available for comment on Thursday.

"I will be pleased to meet with any individual landowner regarding the project," he said. "Each concern is different and I believe they should be handled on an individual basis and I am more than happy to do that."

With that, Agey has agreed to make himself available to discuss issues regarding the project at any time. He stressed, however, the importance of covering these issues prior to July 15 and "preferably prior to July 12."

Natalie Riley, legal counsel for the sewer board, also said Thursday that she is available to discuss elements of the project or to define the mapping details to any interested parties.

"I will be happy to meet with any residents about their individual concerns and to evaluate their requests," Riley stated Thursday, and she stressed the importance of resident's written requests to be submitted to the board prior to July 15. Those written counter offers for easements will need to be received as soon as possible, she said.

"We will accommodate evening hours if necessary," Riley stated in her effort to resolve resident's issues over the pending sewer project.

Riley may be reached at her legal offices in Dexter at 624-8901. Agey may be reached at 624-5997 or during the evening at 624-3440.