Wednesday, October 15, 2014

No access to water supply to Lewis County won't allow Vader marijuana facility.


The Lewis County-operated water utility in the town has sued to block Brandon Milton from connecting his property to the water supply, raising engineering concerns that the developer contends are a pretext for opposing his marijuana plans.

Milton said he’s followed every regulation and had an independent engineer approve the water main he built to service his property, but the county still found fault with the construction and has gone to court for a restraining order and an injunction to keep his pipes off the city’s.

“I’m at a loss for what I can do to be in compliance,” he said Wednesday.

The biggest sticking point in the hundreds of pages of Lewis County Superior Court filings seems to be the fact Milton built a 6-inch main to connect to the existing city pipes, and the county thinks he should only need a 1-inch service pipe.

The larger main could service additional businesses — such as marijuana grow facilities — in the future.

“My personal opinion is that marijuana is the issue,” Milton said.

He added that he looked through public documents before and after he floated the idea of bringing pot production to the city, and it was “business as usual before” and endless feet-dragging after.

Milton hasn’t even begun the licensing process for recreational marijuana facilities. He is trying first to get his auto parts shop and wrecking yard, Absolute German, up and running, and has been since 2007.

“It’s a shame they’re playing politics with a connection for my auto parts business,” Milton said.

Vader residents and administrators have been hostile to the idea of marijuana-related businesses, and the City Council there will decide in November on a permanent ban.

“We’re supportive of his efforts to get hooked up to the water system as long as it’s utilized solely for his auto parts business,” Vader Mayor Ken Smith said Wednesday.

Lewis County took over administering Vader’s water supply in 2010, well after the city approved Milton’s request for a water connection — although court documents show he never started an account with the city’s water service.

Vader’s water system is the only municipal water supply the county manages.

Lewis County Public Works Director Tim Elsea wrote in an email last October that “the previously placed used waterline that was constructed... will not be authorized to be connected to the system at any point in the future.”

He also wrote, in the email to the private engineer Milton hired to inspect the water main, that “we currently have it planned that the unit will be serviced by a 1-inch connection and not a water main extension.”

Milton said that despite only having one business on deck for his 30-acre industrial property, it is typical to build enough capacity to service all businesses that eventually will occupy a parcel of land.

“The city had signed off on a permit; I thought everyone was clear on what was getting built,” Milton said. “When it came time to build it was certainly a different story from the county. There’s nothing wrong with the water main, but they’re coming up with increasingly inventive reasons for why they can’t connect it.”

Milton hopes the case can be resolved out of court and he can connect a main in order to fully develop his property.

“Is this what government is supposed to do — keep people out of business?

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