By Deb Patterson
InkFreeNews

WARSAW — The district plan for Turkey Creek Dam and Dike Conservancy District cleared its final hurdle Thursday, Oct. 21, when Kosciusko County Circuit Court Judge Michael Reed officially put his seal of approval on the plan.

Reed’s approval was the final action needed for the district to proceed with the signing of legal documents according to state statutory requirements. The court hearing included a public hearing for the courts to receive recommendations from the Natural Resources Commission and Indiana Department of Natural Resources. There were no comments from the public made verbally or in writing.

The district plan had received approval from the NRS and IDNR Aug. 5.

The court’s stamp of approval will now allow the district to fulfill the purposes for which it was created.

The hearing included two additional matters so the district did not have to return to court in the future. The two items included setting guidelines for contested district elections and allowing compensation to directors if necessary.

Dave Hollenbeck, district attorney, presented an overview of what had occurred since the establishment of the district in December 2020 and the statutory requirements. He stated the district will initially focus its work on the dike with an estimated cost of $535,000. “If this breaks there will be significant property damage and economic impact,” he said. It was noted funds are expected from such partners as the town of Syracuse and Wawasee Property Owners Association.

Once the dike issue has been resolved, Hollenbeck stated the board will be monitoring and maintaining the water control device, which through analysis is in good condition.

The court did approve the additional two requests by the district.

Regarding the way directors are elected, the statute calls for all freeholders of the district to appoint its directors, including if there is a contested race in a district. The district requested a modification to that statute, which is allowed if approved by the court, to only allow those residents in the contested district to vote for that candidate.

Hollenbeck presented an example where a district had a contested race, but the winner had received the majority of the votes from outside the district he resided.

“That makes sense to me as well,” said Reed, noting he would be inclined to sign the form of order and petition he was presented.

The final item, compensation for the board, Hollenbeck stated is allowed by statute. However, the current board is not planning to utilize that availability. Court approval was sought at this point should the board ever find it necessary to initiate. The statute allows up to $100 a month for meetings and up to $50 every five days for any district work. It was also noted a board member did not have to accept that compensation.

Hollenbeck reiterated the court retains ongoing jurisdiction of the district.

The district board will now meet at 10 a.m. Thursday, Oct. 28, at the Wawasee Area Conservancy District Educational Center, to sign official documents relating to easements to the water control device and dike, as well as other matters.