Regional Sewer Board rejects commissioners ordinance vacating McFadden's seat on board

Members of the Marshall County Regional Sewer District Board of Trustees met for a special meeting to discuss the ordinance passed by the County Commissioners last week vacating the seat Tom McFadden was appointed to. 

A resolution created by the District’s Attorney, Andrew Boxberger was presented at the Wednesday meeting.  The resolution affirms the appointment of Trustee Tom McFadden for the duration of his term and rejects the County Commissioner’s declaration of vacancy of his seat on the board.   

The motion was made by Mayor Listenberger’s appointment to the Regional Sewer Board, City Councilman Don Ecker, and seconded by several members of the District Board of Trustees. 

The floor was opened for discussion before voting on the resolution, and the newly appointed member, former Judge Dean Colvin, spoke.  He thanked those who have expressed concerns on the proposed sewer system and the cost to connect initially, along with the proposed monthly cost.  He assured the public that the board will do everything possible to keep costs at a minimum. 

Colvin stated there is a difference of opinion pertaining to who has the authority to remove an individual board member. 

The County Commissioners believe they have the right to remove any board member they appointed without cause, while the Regional Sewer Board of Trustees has come to a consensus that the commissioners don’t have the authority to remove a board member without cause.

Colvin stated during the meeting, in 2022, when the county commissioners asked the Indiana Department of Environmental Management to approve a sewer district for locations in the county to address immediate needs, but the needs of the community in the future.  Colvin said IDEM went through a strict review process, including a review of the application by an administrative judge. They concurred with the commissioner’s request. 

Colvin said, “Once the District is set up, there has to be some independence, otherwise political influence could come in and affect the way this particular board would operate.”  Colvin went on to say, “We have an obligation to listen to the public as well and to those that are affected by this.  I think that’s being done, at least in my short 60-some days on this board with regards to this.”

Colvin was supportive of the resolution and said, “There is an issue here that needs to be addressed, and I think this is the most appropriate way to address it.” 

A roll call vote was made with Trustees Christopher Spier, Dean Colvin, Brenda Myers, Dian Parsons, Jay Stone, and Don Ecker voting to support the resolution, and Tom McFadden abstained from voting on the resolution that affirms McFadden’s appointment for the duration of his term and rejects the commissioner’s vacancy.  

The only other business was the announcement of a public project information meeting on Saturday, July 12^th, from 9 a.m. to 11 a.m. at the Plymouth Wesleyan Church.