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The Harlan County Fiscal Court performed a first reading of a joint sewer agency ordinance between the county and the cities of Benham and Lynch during a recent meeting. The city of Cumberland opted out of the agreement which is aimed at ongoing sewer issues in the Tri Cities.
Harlan County Judge-Executive Dan Mosley explained the situation to the court.
“This has been ongoing now for months,” Mosley said. “It started out with the EPA and the Energy and Environment Cabinet initiating a review of the wastewater systems on that end of the county. All three cities agreed to participate in a study…the Tri City area was one of about eight communities nationwide that were selected for this review.”
Mosley explained multiple workshops with city officials and citizens have been conducted over the last six months addressing the issue.
“Benham and Lynch have agreed to move forward with a first reading of a joint sewer agency,” Mosley said. “The Fiscal Court is required by law to decide whether to be a part of that, because it’s a situation where there are citizens that are served in that area that are in an unincorporated area.”
Mosley noted a joint sewer agency must involve the county because cities are not political subdivisions of the state.
“Counties are political subdivisions of the state, cities are not,” Mosley said. “That’s the reason when the law was written created the vehicle from a legislative standpoint related to joint sewer agencies, county fiscal courts had to be a part of the equation.”
Mosley pointed out the city of Cumberland opted to not be included in the agreement.
“It’s my understanding the Cumberland had decided at this time not to be a part of that,” Mosley said. “I’ve spoken with Secretary Goodman at the Energy and Environment Cabinet as well as the (Benham and Lynch mayors). The councils there desire to move forward. It is the Secretary of the Energy and Environment’s perspective that this needs to move forward particularly as it relates to Lynch and Benham.”
Magistrate Paul Browning, who’s district contains Cumberland, Benham, and Lynch, give his perspective on the issue.
“I think it has been thoroughly reviewed,” Browning said. “I think everything that has been presented was accurate…I believe at the end of the day, I don’t want to say there was misinformation, but maybe a slight misunderstanding on some of the material that was presented…I think what it came down to in regard to Cumberland and their city council was the proposed rate.”
Browning explained Cumberland also was unsure of the funding for the project.
“There was a lot of conversation, and they had to base the numbers on facts, not promises, and I certainly understand that,” Browning said. “I circled back around to a few (council) members and said ‘if these numbers were to become available in reality…that rate would change.’ They said they had to make their determination based on what was in front of us, and I certainly understand that.”
Browning said he believed the Cumberland city council is still open to a joint sewer agency.
“Their initial response was no, seemingly solely on the rate increase to citizens,” Browning said. “I don’t think that door is completely closed, I think it’s just a ‘not right now.’”
Browning also took into account the position of the cities of Benham and Lynch.
“I know this is also a very time sensitive situation,” Browning said. “Lynch and Benham have agreed…The original thought process that was proposed was that Lynch’s (system) would enter into Benham, Benham would then transfer any wastewater into the Cumberland facility. I think Benham very possibly has the capabilities to take care of Lynch and Benham.”
Browning said a combined Lynch and Benham system may also be capable of handling the unincorporated areas.
“It may be that is the solution,” Browning said. “We (fiscal court) are pretty much obligated to be a part of this if any two parties agree…we are automatically the third party.”
Mosley mentioned the city of Cumberland’s sewer treatment plant will likely need to be replaced in approximately seven or eight years.
“If that treatment plant is not going to be good in seven years, what does it look like then?” Mosley said. “I’m concerned about it because we have county owned property in that area, we have a build ready site that we’ve been actively recruiting industry to, I don’t want to see a situation where we’re having trouble with a perspective company because there are concerns about a failing sewer system.”
Mosley said each of the city councils must make decisions that are best for their citizens.
“Benham and Lynch have expressed a desire to move forward with a joint sewer agency, and I would still be committed to that process if you all are,” Mosley told the court. “We would be responsible for appointing a member and an alternate to that entity that would represent the court’s interest…that’s the nature of the process.”
Following some further discussion, Mosley performed a first reading of an ordinance to create a joint sewer agency including the Harlan County Fiscal Court and the cities of Lynch and Benham.
“The Harlan County Fiscal Court, the city council of the city of Benham and the city council of the city of Lynch…have considered various organizational alternatives and each agrees to address community sewer problems on a regional basis by establishing a joint sewer agency in accord with Kentucky revised statute,” Mosley read. “Each participating entity had determined this joint action will best benefit its citizens.”
A second reading of the ordinance and court approval is required before the ordinance can be adopted.
“We’ll consider a second reading and adoption in October,” Mosley said.