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DeKalb County commissioners decline hearing on Saint Joe Spencerville sewer rate petition
Summary
DeKalb County commissioners adopted Resolution 2025-R-6 on May 1, 2025, finding a petition challenging a Saint Joe Spencerville Regional Sewer District rate increase failed to meet statutory form requirements (missing names/addresses) and declining to hold a public hearing; petitioners were told their remedy is to appeal to court.
DeKalb County commissioners on May 1 adopted Resolution 2025-R-6, finding that a petition dated April 16, 2025, opposing a rate ordinance for the Saint Joe Spencerville Regional Sewer District did not meet statutory filing requirements because it lacked the required names and addresses for each petitioner, and therefore the board had no statutory authority to conduct a public hearing.
A county staff member told the board that “the petitions that I received had no address on them and doesn't meet the statutory requirement,” and said that without the required information the county could not verify petitioners' residency in the sewer district. The clerk's reading of Resolution 2025-R-6 recited that the district adopted the rate ordinance on March 20, 2025, that notice was mailed to customers on March 21, 2025, and that the petition presented to the commissioners contained 42 signatures. The resolution cites IC 13-26-11-15(d) (requirement that a petition include the name and address of each petitioner) and concludes the petition does not satisfy that statutory subsection.
Don Martin, who identified himself as a resident and ratepayer, read from the district notice and disputed the staff interpretation: “It didn't say addresses. It didn't say printed names.” He said he had followed the directions in the notification. In response, the county staff member and the Chair advised that parties who disagree with the board's determination may appeal to the courts. The staff member stated, “If anyone disagrees with this decision, they have the right to go to the courts to appeal the decision.”
A commissioner moved to adopt Resolution 2025-R-6 and the Chair seconded; the Chair called for the vote and the motion was declared carried after two vocal “aye” responses were recorded on the transcript. The Chair announced, “Petition is denied.” The transcript records two affirmative responses but does not capture roll-call votes or the names of all members voting; the article reports only recorded vocal responses as reflected in the meeting record.
Because the board found the petition procedurally deficient, the district's rates established by the district board remain in effect unless and until a court orders otherwise or a properly filed petition triggers a hearing.
