Testifier warns of constitutional risk as council advances wastewater‑code overhaul

During public comment at the Nov. 18 meeting Sandra Demirell urged the council to postpone consideration of Bill 216, an ordinance recodifying county sewer provisions under a new "wastewater management" structure and removing certain exemptions. Demirell argued the measure would eliminate an exemption for sewer hookups and said changing the law could render previously exempt property owners "basically illegal under the new law," raising due‑process concerns under the U.S. Constitution.

"What happened was in the middle of the bill is this exemption, taking away the exemption for sewage hookup," Demirell said. She urged the council to wait for a scheduled hearing and to obtain legal counsel before removing exemptions, arguing affected property owners could face hardships and legal challenges.

Councilmember Tim Richards sponsored an amendment to Bill 216 (communication 1119.3) described in council packets as housekeeping and code‑clean‑up for the Department of Environmental Management. Richards said the changes were intended to refine the bill and clean up code language; after a brief discussion, the council passed the amendment and the bill advanced on first reading. Richards asked whether the five‑day holdover rule needed suspension; the clerk advised it remained first reading.

What council did: The council amended Bill 216 with the content of the circulated communication and carried the amendment on a voice vote; the record shows the motion carried with full support (9 ayes reported after members had joined remotely). The transcript records the public comment and Demirell’s constitutional concerns but does not show legal counsel delivering an opinion during the meeting.

Next steps: Bill 216 remains at first reading with the council’s amendment; formal legal analysis or a scheduled hearing referenced by testifiers may still occur as the bill progresses.