Goodrich- The school district has joined five other Genesee County districts in a lawsuit challenging the Genesee County Drain Commission. The districts are contesting excessive connection fees and regular user fees of the water and sewer system. The suit claims these fees and charges are an unconstitutional tax levied on public school districts.
The school board voted unanimously to join the suit as a plaintiff at the Monday meeting.
Goodrich, along with Carman-Ainsworth, Grand Blanc, Flushing, Lake Fenton and Linden school districts are now challenging the drain commission. The Grand Blanc district is currently building two new 1,200 student middle schools after passing a $100 million bond last year and has taken the lead in the dispute.
Kim Hart, Goodrich schools superintendent said the claim stems from 2002 during the construction of the middle school. At issue is more than $240,000 paid to the Village of Goodrich for sewer units connecting the school to the county system. Another $78,000 was paid to the Genesee County Drain Commission due to the village not having enough units for the new middle school.
Goodrich schools along with the other districts say the rate of 2 1/2 units charged per classroom is unreasonable and other districts in the state pay less than what Genesee County charges.
The $240,000 was paid to the village at two units at $6,000 each and 76 units at $3,000.
‘We owe it to the taxpayers to pursue this lawsuit,? said Hart. ‘When the middle school was under construction we could have spent more on the building’we had to make cuts to pay for the fees.?
Other Goodrich administrators support the board’s decision.
‘During the construction of the middle school the village was running out of units,? said Brian Walton, Goodrich schools director of special services. Superintendent Green had to hunt around the county for more units.?
‘There may be a statute of limitations invoked,? said Walton. If we are limited to go back five years the lawsuit would only include the middle school. However, if there was no limit both Oaktree Elementary built in 1996 and the high school costructed about 1990 would also be included,? added Walton.
‘The drain commission says we should be suing the village since that’s where we purchased the units from, not the county’the school attorney will decide.?
Village Administrator Jakki Sidge said that Atlas Country Club, St. Marks Catholic Church, Atlas Township offices along with the high school, middle school and Oaktree Elementary were part of the non-village entities that used the sewer units. Reid Elementary is within the village boundries.
‘We didn’t have to do this but it was the right thing to provide sewer hookin,? said Sidge. Those outside the village pay a higher rate than inside the limits.?
Genesee County Drain Commissioner Jeffery Wright was surprised at the school board’s decision.
‘This was the first I’ve heard about Goodrich joining the suit,? said Wright. ‘The lawsuit is a waste of taxpayer’s dollars. Why didn’t they call my office first and ask questions regarding the rates? It’s pretty disappointing.?
‘The formula was used since 1966. This is my first brush with this subject.?
Wright added that rather than building a $500,000 septic system for the new middle school, the village of Goodrich sold some of their sewer capacity to accommodate the construction.
‘They didn’t have to do that. The school was satisfied at the time it was a win-win situation. The county received none of that money,? said Wright. They should be suing the village of Goodrich.?
In addition, different types of users, such as residences, factories, other businesses and schools vary in how they use water and sewer services. Tables have been established, so that users pay for these services according to their varying types of use.
‘Grand Blanc Schools Superintendent Gary Lipe said in his press release ‘that it seems like the drain commissioner is funding general operations or subsidizing other users on the backs of public school students in this county,?
We intend to defend against this new lawsuit,’said Wright. We owe that to other businesses that use the system.?