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It’s not very often that simply adding an issue to a meeting agenda, at the start of the session, is controversial.  But at last week’s County Board meeting a couple commissioners opposed Commissioner Ben Montzka in his effort to add an agenda item.   The agenda was eventually amended on a 3-2 vote— but the wastewater issues inside the Liberty Ponds housing plat are clearly an unpopular topic for some on the Board.

The commissioners had earlier denied a request from the Liberty Ponds Homeowners’ Association. (July 1) as Liberty Ponds property owners were asking for the county to get involved. Envisioning a labyrinth of engineering, financing and regulatory  obstacles, which creating a special taxing district can entail, the commissioners balked. 

The county attorney at that time gave advice against the request as well.  This neighborhood is inside a municipality and county authority to get involved is restricted by state laws.  The commissioners were told that if they insert the county into this situation they should expect additional municipal areas  to ask for the same consideration.  The HOA was told last summer to bring their wastewater needs to the city of Wyoming.

 The HOA returned to the County last week asking for reconsideration.  

Mike West, representing the Liberty Ponds HOA, informed the county commissioners that the city rejected requests for the city council to discuss the matter in detail.

County Commissioner Marlys Dunne commented that “...everybody is afraid of this.”  She said she has put some hours into this matter since the county turned down the HOA in July and while she hasn’t found a solution yet, would continue to be involved. 

There is also the concern about setting an unwanted precedent if the county steps in.  The best options for funding a new wastewater system would involve grants, loans, etc.  What happens if one of the 80 properties involved should default on debt payments to retire what is hoped to be an outside agency loan?  How is servicing the financing and allocation of property taxes collected from the special district going to be administered?  Who will be responsible for the  improved/replacement wastewater system after it gets built?

Commissioner Jim Swenson said he found it hard to believe that nobody buying, selling and adding new structures to the private neighbood owned system, was told their communal sewer treatment system was out of compliance.

HOA spokesperson West said the HOA members  were led to believe that the system is “good until 2050” and he told the Board “...you are our last chance” to pursue an affordable fix.

In being designated a sanitary sewer district with faith and support of the county behind it, the HOA can qualify for a $2 million loan from the state for one percent interest.  With sponsorship of the county there is another potential aids and grants of $1 million estimated.  The cost per homeowner works out to about $26,000 in this scenario.

However, if the city is the the host for the loan— that has been identified through Clean Water Partnership— the cost per homeowner goes to about $47,000.  And, the cost soars to $49,000 if the HOA can only get financing at market interest rate and would need to cover millions for the project.

Commissioner Swenson said he needs to see the City of Wyoming officially allow the county to be part of the process to resolve this.  “The county can’t get to the point where it is telling a city what to do,” he declared.

County Administrator Chase Burnham agreed the county must first receive city consent.  

Plus, there needs to be a Joint Powers Agreement developed that defines all parties’ liabilities and gives assurances to the county that no local tax dollars will be encumbered for this project.

Chair Rick Greene concurred and said the city has “got to step up” as lead.

Commissioner Montzka made a motion to direct county staff to review the issues, and reconnect with Wyoming officials and see if the city will get involved in making this a special case.  

Commissioner Dan Dahlberg, however, motioned to table anything resembling a commitment from the County;  until Wyoming clearly states its intentions on establishing a taxing district.  This motion to table passed 4-1 with Montzka opposed.

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