Porter officials confirmed Wednesday that a 190-home subdivision, approved last night by the Porter Plan Commission, was discussed more than 18 months ago with Chesterton’s former utility superintendent.

Furthermore, said Porter director of engineering Matt Keiser, The Trails of Porter subdivision explicitly was added to the January, 2009 annual report Porter files with Chesterton.

Porter’s sewage is processed for a fee at Chesterton’s treatment plant under an agreement between the towns.

Porter is guaranteed a percentage of plant capacity with a current reserve of 767,000 gallons per day and the ability to purchase by Sept. 1 an additional 42,000 gpd for $197,400.

Monday, Chesterton’s Utility Service Board questioned why it had not been contacted about the Porter subdivision. Last night, Keiser and Porter Public Works superintendent Brenda Brueckheimer said The Trails should come as no surprise.

As early as 2004 Brueckheimer said the possibility of a 190-home Porter development was discussed with former Chesterton Utility superintendent Steve Yagelski, who resigned in February. Keiser, who until two months ago represented The Trails developers as project manager, confirmed he also met with Yagelski to discuss the subdivision’s sewer capacity.

The bi-town service agreement stipulates a Porter representative is required to come before the Chesterton Utility Board on issues of treatment capacity, something Keiser and Brueckheimer said Porter did not do for The Trails because, “The Town of Porter believes we have sufficient sewer capacity to serve this (subdivision),” according to Keiser.

While Porter officials believe they have capacity, which Porter lift station will receive The Trails’ sewage is yet to be determined.

Initial plans were for the Porter Avenue station but Brueckheimer, a Porter Plan Commission member, told that body Wednesday a final determination hasn’t been made. About $800,000 in upgrades are needed, money that’s been requested in a federal appropriation and as part of a low-interest state loan.

B&R Development has pledged to pay the Town of Porter sewer fund approximately $350,000 based on a per-lot assessment payable per phase with at least three planned. Keiser said the money isn’t limited to improving any one lift station.

Plan Commission member Lorain Bell asked repeatedly Wednesday how a subdivision can be approved without knowing where its sewage will go.

Town attorney Patrick Lyp said approving The Trails’ primary plat doesn’t obligate the town. “They may get final approval for those lots but without utilities, those lots will sit there.”

The Trails’ current project manager Michael Duffy of the Duneland Group said the developers need to obtain a permit to install sewer infrastructure from the Indiana Department of Environmental Management and the town would have to sign off on the subdivision’s sewer design at that time.

If town officials change their mind, an amended permit application can be submitted to IDEM.

Porter is under an agreed order with IDEM to bring much of its outdated sewer infrastructure into compliance within four years or face fines.

“We are upgrading the Porter Avenue lift station and we are in the process of doing that,” said Brueckheimer. “Whether this subdivision goes in or not, that lift station has to be upgraded.”

If the Porter Avenue station funding falls short, The Trails force main could carry sewage to the lift station at 23rd Street and Morgan Avenue, said Brueckheimer.

Bell and Plan Commission/TownCouncil member Michele Bollinger asked how potentially requiring them to spend more by using an alternate sewer route would affect the developers’ monetary agreement with the town. Lyp said Porter will cross that bridge if it gets to that point and negotiate with Rich Brennan and Bob Gorgei.

“Is the town going to have this (Porter Avenue) lift station adequately revised and updated to handle any building permits out of this subdivision?” asked Bell.

Brueckheimer said she hopes so but if not, the town would use its 23rd Street back-up plan.

Posted 6/18/2009