Council halts plan for eminent domain
BY CHARLOTTE SMITH Editor

Following remarks by property owner Don Green, as well as council member Mike Adams and citizen Hank Gilbert, the Whitehouse city council voted to halt eminent domain proceedings to condemn Green's land for right of way acquisition for a water well line.

Although the council voted unanimously at last month's meeting to acquire the right of way through purchase or condemnation if necessary, members reconsidered Tuesday night. The decision was based primarily on a majority opinion that the matter was not handled properly, including poor communication with Green, as well as the council's belief that eminent domain assertion should be the last course and there was an available alternative in this case.

Council voted 4-0-1 to stop the eminent domain pursuit, with member Dale Moran abstaining.

Council then voted unanimously to proceed with the water well line down Lilly Road, crossing Hwy. 110, and then running north to a tie-in spot. This plan would add an additional $25,000 to $30,000 to the project, advised City Manager Ronny Fite.

Adams pointed out that with the city not spending $10,000 to acquire Green's property, the difference was only $15,000 in pursuing the alternate course. The additional funds are available in the city's utilities funds, according to Jed Dillingham, director of finance.

"This project started wrong and is still wrong today," said Adams, who agreed with Green that he should have been contacted by the city sooner and more directly. "We should stay off Mr. Green's property. If you've got other ways around it, do it."

Elledge said that the primary reason the city was focused on Green's property, as opposed to an adjacent property owner or the route down Lilly Road and crossing 110 (with no easement necessary) was because of future needs for a gravity sewer line. Green's property is in a low flood plain, suitable for the line.

Speaking against the condemnation, Gilbert said he understood the sewer issue, but asked if avoiding the extra costs were worth "ruining a man's livelihood, ruining a man's property." He also asked if it were worth ruining the reputation of the city and the council.

Moran, in abstaining from the eminent domain vote, expressed sympathy for Green and the mistakes in the way the issue was handled, but felt council had to consider the future sewer needs.

"If we're going to do this within two to four years, we might as well face the issue today," he said.

The future sewer line, needed when Meadowlark Road is extended to Lilly Road, was not on the agenda and Mayor Jake Jacobson and Adams warned that it could not be discussed more in depth at this meeting.

In another water well agenda item, City Engineer Phil Elledge reported on test sand for water well eight which is being pursued on Mountainview.

A test hole has been drilled to 1,400 feet and three separate zones of sand have been found, he said. Elledge said the best results were at the 1,200-1,400 depth, but early findings were promising that the site could yield two wells.

He asked council to approve an additional $30,000 to test samples at the 800-900 feet depth for a possible second well.

Before the vote, Elledge was asked if there would be potential easement issues with this site, and he said that he had a verbal agreement with the property owner and the paperwork was in process. He said the property owner was not asking for monetary compensation, but additional water connections for possible future development.

Council voted 4-1 to authorize the additional funds, which Dillingham said were also available. Adams voted no, affirming his position that the pursuit of water wells is a waste of money.

During this discussion, Gil- bert asked to address council again, but was denied by the mayor. He later asked to be allowed to make a comment and was denied.

Gilbert is president of the Walnut Grove Water Supply Corporation and has said that he feels the water well eight site could affect WGWS production.

After the council voted to okay the second test depth, Dillingham suggested that they amend the authorization from last month's meeting regarding the city's notice of intent to issue certificates of obligation for $2.5 million to complete the well and pump station. He said a second well would increase the project to about $3.1 million.

After some debate, council approved the additional funds be advertised, noting that approval of the final amount was still to come.

Adams pointed out to the council that the funds for two wells at this site, plus the monies spent on the Lilly Road well, were over $4 million. He expressed frustration that the council would spend this money and not be guaranteed enough water this summer, but would not accept a contract with Tyler based in part on the almost $6 million in demand fees over a 25-year period.

"What's the difference?" he asked at one point.

"Tyler cut us off," replied member Gene Champin.

"No sir. Whitehouse cut us off," Adams responded.

Jacobson halted the debate at this point, but said for the record that the city had made efforts at negotiations. He expressed his frustration with the various delays in well production that have left the city short of its expected water output.

Council did vote later to authorize the mayor to resume negotiations with the City of Tyler and to specifically seek a shorter term contract. The vote was 4-1 with Moran voting no, expressing his desire to get more specific information on water well eight's capability before resuming negotiations.

(Due to llimited space, further details of the meeting will be in next week's paper.)