By PAULENE POPARAD

The Porter Town Council voted Tuesday to take one of its former members to court.

Town attorney Patrick Lyp was authorized to seek an enforcement action against Paul Childress, owner of Splash Down Dunes water park at U.S. 20 and Waverly Road. Town officials said water is running off his property onto neighboring parcels after excavation began last year on a drainage system for the large SDD west parking lot, which never was completed.

Now, said Porter building commissioner Art Elwood, there are pockets of standing water and trenches 1 foot deep and wide that direct water off-site. Runoff is causing a problem up to the Triangle lift station and going into the sanitary sewer, he added.

"I understand (Childress) has business and family obligations, but we have citizen obligations,” said Elwood.

Childress said today, “I didn’t know there was a problem. I was there yesterday and (the silt fencing) is all up, just like they asked.” He said the drainage plan being installed is the one approved by the town over two years ago when he obtained zoning approval for the parking lot upgrade and to build townhomes west of it.

Childress also said he plans on opening Splash Down Dunes for the season May 24.

Lyp and Elwood said they’ve contacted Childress and received conflicting or not particularly constructive responses while adjacent property owners continue to experience drainage problems. Silt fences originally were put up to prevent site runoff but over the past months they have deteriorated, said Elwood. Public Works director Brenda Brueckheimer estimated about 600 feet of some type of silt fencing is needed.

Lyp said he would be seeking a court order compelling the fencing to be erected. Council president Bill Sexton said Childress faces fines of $2,500 per day of non-compliance.

Regarding the court action, Councilman Micheal Genger said, “Unfortunately, I don’t think we have a choice. He’s forced us to this point.” Vote on the motion was unanimous.

On another legal matter, Elwood said he’ll start the process to condemn three cottages on Glacier Trail at Porter Beach in the event the owner doesn’t meet a deadline to bring them into compliance.

Sewer issues addressed

Town engineer Warren Thiede distributed to council members for review a revised compliance plan for the Indiana Department of Environmental Management, which has mandated Porter upgrade its sanitary sewer collection system including lift stations. Thiede asked members to decide May 27 which optional proposed actions they wish to undertake.

At Tuesday’s Porter Redevelopment Commission meeting, Thiede and Brueckheimer reported that 52 of 53 sewer manholes in downtown Porter have seepage and stormwater drainage infiltrating them. “It’s big,” said Brueckheimer, adding she had estimated only half the manholes would have to be relined.

Stormwater needs to be separated from the sewage system, officials have said, so it isn’t sent to the Chesterton sewage treatment plant and Porter is charged for processing rainwater. Work recently was completed on relining the main Beam Street sanitary sewer in downtown Porter.

On Brueckheimer’s recommendation the Town Council agreed to spend about $3,000 on the Bailey sewage lift station and approved $4,800 for work on the Porter Avenue lift station, which IDEM has mandated be substantially upgraded as soon as possible at a potential cost of $900,000. The council also OK’d final payment of $28,391 to LGS Plumbing for rebuilding the Oak Hill Road lift station; deducted from the $19,516 contract retainage will be the cost of as-built drawings if LGS doesn’t supply them.

Councilman Dave Babcock advised this week Elwood will start canvassing the town looking for homes that have sump pumps or downspouts connected to the sanitary sewer system. Elwood stressed that the action is intended only to determine how much infiltration is going into the sewers so a plan can be developed to eliminate it.

Babcock also asked that town financial consultant Karl Cender be placed on the May 27 agenda to begin discussing how Porter is going to pay for the IDEM-mandated sewer upgrades; the work has been estimated to cost between $4 million and $10 million.

There was good news on the sewer front for Mark Zaranski, who for 14 months has been seeking permission to connect his Oak Hill Road home in unincorporated Westchester Township to a nearby Porter sanitary sewer. Zaranski’s private septic system is failing. Sexton said Chesterton has given authorization for the connection. Zaranski thanked Porter officials for their cooperation.

2008 paving list

Brueckheimer gave the council a proposed list of streets to be patched, topcoated, repaved or rebuilt this year and asked them to notify her with suggestions and comments. Proposals are being obtained for the work. Observed Babcock, “We’ve got some bad roads,” adding that they should be addresssed before sidewalks.

Brueckheimer had proposed spending $6,250 to cut handicapped ramps in some sidewalk curbs in Porter Cove subdivision, which has no ramps. Sexton said the town needs to confirm that the sidewalks are on public property before any work is done.

In other business, Babcock said a public meeting will be scheduled soon of the new Porter Beach zoning overlay committee comprised of himself, Councilman Micheal Genger, the town attorney, town planner Jim Mandon, Thiede and three Porter Beach residents. The committee was prompted at the suggestion of beach property owners following the recent Board of Zoning Appeals’ decision approving variances for a beach garage despite overwhelming opposition.

Work on an overlay proposing special zoning restrictions for Porter Beach began in 2005 but never was completed. Sexton said he plans to solicit comments from Mandon regarding adoption of the Indiana Citizen Planning Guidelines for use by Porter’s zoning boards.

Also Tuesday, Elwood and park superintendent Jim Miller thanked Rebuilding Together Duneland and its army of volunteers who worked recently on various projects in Hawthorne Park and around town. Miller also thanked Elka Nelson for donating a refrigerator to Hawthorne’s upcoming children’s summer arts and crafts program.

Fire chief Lewis Craig announced the Westchester Township Advisory Board is donating $15,400 to Porter to upgrade its radio equipment, pagers and the refill station for portable air tanks.

Councilman Jon Granat, a member of the town’s Stormwater Management Board, asked that it be placed on the May 27 agenda to discuss amending the monthly stormwater fee for vacant land, industrial and business properties based on a revision of the current equivalent residential unit method now being used.

Posted 5/14/2008