Sewer lines a major issue for Cloverdale

CLOVERDALE -- The Cloverdale Town Council had much to discuss during its monthly meeting Tuesday evening, which lasted more than two hours.

Superintendent of Public Works Chuck Knuff also came before the council to advise that although the utilities department is working on fixing sewer lines, it has run into a major problem with a line that runs along Doe Creek.

"There's a major one up behind the houses on Doe Creek. It's 500 feet long," Knuff said. "There's at least 20 breaks in it. There are all kinds of problems down there."

Knuff said engineer Lori Young will be coming out to give the town options on how to replace the line. However, Knuff noted that it will be difficult to replace as there are no easements and it's near utilities.

"I'm not sure we can replace it where it's at," Knuff explained. "It's four to five feet away from utility poles. It's going to be a major problem.

"We're going to eventually have to work on an easement of some sort," he added. "Before we can do any construction we're going to have to get agreements from the residents to tear their yards up any more than we already did."

Cloverdale Attorney Allan Yackey advised that this causes major problems for the town. However, the town does have what is called a prescriptive easement.

"What seems to have happened is that the sewer lines got installed and probably some place in the distant past there was an agreement to have an easement there that never got prepared or recorded," Yackey explained. "The problem that then develops in the absence of an easement for some of these structures is that ordinarily when these people went to build something, they went ahead and built on what they thought was property that wasn't restricted."

Yackey noted that the prescriptive easement could give the town very limited access to the sewer line, but it will not be enough to do anything practical in terms of what needs to be done.

"In all probability what was put in wasn't inspected. They're (the sewer lines) not old enough to be collapsing ordinarily if they had been installed properly with the right material," Yackey said. "This is a mess."

Yackey advised Knuff speak with Young before he begins to property owners to get the specifics laid out.

With the town also having issues of sewage backing up into several homes due to the jetter truck, Knuff came before the council with a solution of installing a new piece of pipe with a check valve every time someone gets a new sewer line put in, at the cost of the town.

"This stops everything from going up their sewer line," Knuff said. "It has a little flapper valve in here (to stop everything)."

Although, the town cannot force anyone to install the new check valve equipment, it is highly recommended.

"We've had four claims this last month on sewage backing up into homes," Galloway noted. "The town's paid already $16,000 on those claims and it might behoove you to ask homeowners to have the town put this in for them."

Yackey also noted that due to the number of issues the town has already had, its insurance premiums will climb and ultimately the town might not have coverage for such issues.

"You have to do something," Yackey said. "I suggest the superintendent of public works communicate with the landowners and advise them that the town, if they will permit the town, will install one of these on the property at the town's expense. If they decline, then we have a basis upon which the insurance company can deny the claim on the basis that it's an incurred risk. It doesn't hurt to ask."

Yackey will soon compile a new zoning ordinance for the installation of the new pipes to be placed each time a sewer line is replaced.

With the council still looking for ways to improve the town, Clerk-Treasurer Cheryl Galloway came before the council to discuss a possible grant, which would extend a community walking path from the Cloverdale High School to the park.

The proposed path would start at the high school nature trail and work along the railroad track to Market Street. Galloway also noted if the town were to get the storm water grant, which it is expecting, the sidewalks would run to the park.

"It will connect the community," Galloway said. "It was give us a place to get out and walk and do things like that."

The council agreed to let Galloway and Midwest Engineering move forward with the grant. However, it advised Galloway to talk to the property owners.

"The kicker will be, is that anybody along that railroad track (which was given some property) would have to relinquish that back to the town," Galloway said. "I'm not sure that's going to happen."

At the time of the meeting, Galloway did not have exact amounts on how big the grant could possibly be.

In other business:

* The town approved a $150,000 claim voucher from a grant as well as $79,997 for the purchase of a new fire truck for the Cloverdale Township Volunteer Fire Department.

* Endeavor Communications will soon be annexing into the town. Yackey is currently preparing the paperwork.

* The town approved the cleaning of well No. 1 for a cost of $7,970.

* The council approved the purchase an estimated 641 radio read meters for a cost of $124,994. The money for the purchase will come from both the water and wastewater funds. The council chose to purchase instead of lease the meters, as the town would save $4,573 in interest alone for three years.

* The council voted against having an ordinance, which would have unpaid water bills charged to the homeowners along with the sewer bills being a lien against the property owner.

* Ordinance 2014-13 was also introduced, which includes the Cloverdale Utilities billing policy and procedure. No action was required, but it will likely pass during next month's meeting.

* The town approved Ordinance 2014-14 for the new wastewater rate. The council will hold a public hearing on Thursday, June 26 at 7 p.m.