Published: May 10, 2008 05:57 pm            

Georgetown files motion in effort to spur plans for sewer plant

Georgetown’s plan is to build a sewer plant on the O’Brien property, which consists of 23.3 acres located off Ind. 64. The town has purchased the property and received a permit from the Indiana Department of Environmental Management.

Floyd County, however, has not changed the property’s zoning from Rural Residential to Residential Suburban which would allow the construction of the plant. The site is outside of Georgetown’s boundaries.

That is where the problem began. But town officials hope it doesn’t end there.

Attorney David Andrews, representing Georgetown, filed a motion for summary judgment against Floyd County in Floyd County Circuit Court Thursday hoping to speed the process along. Georgetown is also asking the court to issue an injunction barring the Floyd County Commissioners and Floyd County Plan Commission from asserting any restrictions against the construction of the site.

Andrews said the motion allows the court to decide the case as a matter of law, when there aren’t factual issues that have to be decided.

Floyd County Commissioners’ attorney Rick Fox said Circuit Court Judge Terrence Cody will likely hold a hearing in the near future on the motion.

“We will respond to the motion of summary judgment,” Fox said.

Fox said the county is still negotiating with Georgetown about a different site for the plant. He said a 1991 study singled out Little Indian Creek as the best location to build a sewer treatment plant. He said that is because the land runs all down hill. He said the O’Brien location would force sewage to be pumped uphill and through the town.

Georgetown has been trying for more than two years to build its own sewer plant. New Albany’s plant currently services Georgetown, but an agreement signed in August, 2006, requires the town to construct its own sewage treatment facility. If the plant is not completed by Feb. 1, 2009, Georgetown could be forced to pay triple what it currently pays New Albany. Beginning in February, Georgetown’s rate could be switched from wholesale to retail, meaning a jump of $60 to $70 per month for the average household bill if they are still on New Albany’s system. The agreement also includes a penalty of $450,000 if Georgetown has not begun construction of its plant by Feb. 1 or completed it by Feb. 1, 2010.

Georgetown officials have asked the New Albany Sewer Board for an extension. However, Andrews said that board has “given us a chilly reception at best.”

At a recent sewer board meeting, all three members seemed to want definite dates of completion before they would consider a new agreement.

        

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