For the second time in two years, the Lake Herman Sanitary District finds itself without a quorum. Last week Friday, board member Charlie Stoneback submitted the following notice to Lake County Auditor Bobbi Janke and others:
The purpose of this e mail is to announce my resignation, to take effect immediately, from Lake Herman Sanitary District (LHSD) Board of Directors (BOD).
With the "stalling" of the Banner facility plan, the most value added contribution I can make to the tax payers of LHSD is to remove myself from the BOD. Thanks to all the folks who provided me support in the sewer system effort, but especially John Maursetter who went above and beyond in accompanying me to meetings and providing me excellent counsel.
Very respectfully submitted,
Charles K. Stoneback
The Lake Herman Sanitary District board has three seats. One seat has remained vacant since 2008. Stoneback's departure leaves the remaining board member—me—asking two empty seats for a second.
As was the case last time the board lacked enough members to do business, I can write checks to pay the bills and carry actions previously authorized by the board. I'll check with counsel, but I'm assuming that includes convening a public meeting in July to allow Banner Associates from Brookings to present its sewer feasibility study for discussion. That public meeting is a necessary step in obtaining DENR funding to cover the $19,800 cost of preparing the study. I can also accept and approve septic tank permits so folks can proceed with new construction and septic system replacement. Beyond that, though, we can't have one guy unilaterally imposing any new policy on Lake Herman.
My term on the board ends after our July 9 election (oh yeah, gotta have a meeting to officially declare that date!). I'm not running for re-election. The board has never had more than one candidate express interest in serving in any given year. So if history holds its course, the board will remain unable to conduct new business, and my nefarious plot to dissolve the Lake Herman Sanitary District will come to pass this summer without my lifting a finger. If you'd rather my libertarian machinations not come to pass, Lake Herman neighbors, you'd better find a couple of people willing to serve.
What happens if a governmental board has no board? Do the bills get paid? Does the county treasurer deposit the tax money in an account with no one authorized to spend it? Is Lake Herman now a septic tank free fire zone or is all future development precluded?
Septic tank free fire zones, the mind wanders.
Good questions, Nick! Anyone who wants to install a septic system must obtain a permit from the district. No permit, no installation. If there are no board members, there are no permits, and any septic system installed would violate local ordinance and state law. But if there is no board to enforce that ordinance, there are no consequences. We don't have sewer cops; the district would have to initiate action against violators by calling the state's attorney. If there's no one to make that call and push the case, there's no enforcement.
Frankly, the best option would be to formally dissolve the district and its ordinances and get Lake County to adopt a county-wide ordinance governing all on-site wastewater systems in rural areas not served by central sewer systems.