City Weighs YFZ Wastewater Request
 Council tables issue pending more information
 
The Eldorado Success
 
A crowd of about 75 persons gathered Tuesday evening in the Schleicher County Memorial Building for a called meeting of the Eldorado City Council. While most were there to sit and listen, many took the opportunity to voice their opinions regarding a request by the YFZ Ranch that the City of Eldorado accept wastewater from the ranch at its sewer plant.

After a lengthy question and answer session the council eventually decided to table the question until more information could be obtained, as well as a written request from the YFZ.

The issue became a hot button item last week when YFZ representatives Ernie Jessop and Lee Roy Steed appeared before the council to ask that they consider accepting the wastewater until a new sewer plant could be built at the ranch.

Most of those commenting Tuesday night were opposed to the idea of taking wastewater from the YFZ, even temporarily, with many of them basing their objections on moral grounds. More than one of the speakers made reference to the fact that the YFZ is actually owned by the Fundamentalist Church of Jesus Christ of Latter Day Saints, a polygamous group from the Utah/Arizona border region, and that numbers of FLDS members are relocating to Schleicher County.

Mayor John Nikolauk opened the meeting by thanking those in attendance and explaining that the council faced a tough decision. He added that he hoped the decision could be based on facts and not on emotion. The mayor went on to explain that the city had set a precedent in the past by accepting waste from outside the city limits, first from the U.S. Air Force PAVE-PAWS facility, and secondly from Western Company, an oilfield service company that was later taken over by BJ Services.

Nikolauk informed the audience that experts from the Texas Commission on Environmental Quality (TCEQ), the state agency that oversees the city's wastewater plant, had assured him that an additional 150,000 gallons of effluent per month would not adversely affect the plant."In fact, they say it will help us," Nikolauk stated. He then explained that the city's plant is too large for the amount of effluent it currently receives, increasing the time the wastewater is retained in the plant.

Attorney James Kosub, who represents the city, explained that the Equal Protection Clause of the U.S. Constitution, protects identifiable groups such as the members of the FLDS who live at the YFZ Ranch. He noted that if the city denies the ranch's request, based on moral grounds, especially after having approved other such requests, then it could be faced with a federal discrimination lawsuit.

One person who opposed granting the YFZ request was Vickie Williams."How comfortable are you as city council and individuals at believing anything that comes out of their mouths because of the lies that have taken place from the get go," Williams asked.

That sentiment was echoed by Deanne Walker."You can be as nice to them as a anyone would want to be," she said of the YFZ."They will be nice to your face but will always consider what is best for them. They will go for what the government will give them and what we will give them."

County Commissioner Bill Clark then spoke up and told the crowd that the city council was dealing with a difficult issue and had to do what is best for the community."They can't take into consideration most of the things that are being said here."

City Council member Bill McCutcheon then offered a motion to table the discussion pending the receipt of additional information, including a written request from the YFZ Ranch, a copy of the application the ranch has filed for its own wastewater treatment plant, and a written legal opinion from Attorney James Kosub.

Another round of discussion then followed before McCutcheon's motion was seconded and passed unanimously.

Moments before the council took a break and most of the audience left the meeting, Stan Meador encouraged all in attendance to contact State Representative Harvey Hilderbran and State Senator Robert Duncan. He noted that pressure brought against the FLDS by Utah authorities is likely behind their move to Texas."We really don't have a leg to stand on here today," Meador said."It has been a great discussion, but we are probably going to have move beyond this battle and look for the next one...and its going to be through our state legislature. We've got people at that level in Austin and that's where we can take these people head on."

Following a brief recess, the council reconvened across the street in the council chambers at City Hall. Following a review of preliminary budget numbers discussion turned to pay raises for city employees. After a lengthy discussion, and a review of personnel evaluations, the council voted unanimously to award 5 percent across the board pay raises, with additional merit raises for two employees. They also asked that a policy be prepared so that future raises could be based in part on cost of living adjustments, plus merit raises based on individual evaluations.
 
MyEldorado.net
Originally published July 22, 2004
 
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