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Easement request for new sewer test site turned down



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January 12, 2011 | 08:50 AM
Lyons — The Town Board turned down a request for an easement for a new sanitary sewer-testing site on Monday.

The request came to the board by way of Doug Day, president of the Country Estates Sanitary District Commission.

The easement was a necessary step to move the testing site from the middle of Church Street off the roadway about 8 feet west and south to a right- of-way between North and South Railroad Streets.

Location of a new testing site is part of the agreement between the Lyons Sanitary District and the Country Estates Sanitary District that led to construction of the new sewage treatment plant by the Lyons district.

Both districts are financing the construction.

Although separate districts, Country Estates and the Lyons district have used the same treatment plant, built on and run by the Lyons Sanitary District.

Relations between the districts have, at times, been adversarial.

Day first brought the request to the town of Lyons Plan Commission last week.

Although he was formally making the request for the easement, Day made it clear to the plan commissioners that he didn't think the easement would work.

The new testing site would have been partly on town right -of-way.

However, the proposed testing site would also need an easement from the White River Trail, and state officials have said that they will not approve that, Day told the plan commission.

Day said part of the problem is that the new testing site would need some aboveground features; power would also have to be run to the testing site.

The state Department of Natural Resources doesn't want aboveground structures or power lines near a public recreation trail where people bicycle and snowmobile, Day said.

"The DNR said no, it can't be built," said Day.

Day said he brought the request to the town to show the Lyons district that Country Estates was performing due diligence in seeking the easement.

At the Town Board meeting Monday, representatives of the Lyons Sanitary District, including Lyons Sanitary District Superintendent Robert Biedrzycki, showed up.

Biedrzycki said the Lyons district asked for the testing site to be moved, first, for safety.

The test site is in the middle of Church Street.

Lyons district officials also believe the tests that could be done at the new site would be more accurate and up-to-date than those done at the Church Street site.

"It's in our contract that a sampling station be built," Biedrzycki said.

Town Board Chairman William Mangold and Town Board Supervisor Bill Henningfield told the Lyons Sanitary District representatives that it was their understanding that the state would not approve the easement, making the town's approval pointless.

Day said that the sanitary districts may have to renegotiate that portion of the contract.

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  1. report print email
    January 15, 2011 | 12:41 PM

    Mr Day claim to be performing due diligence, give me a break! CESD has constantly done whatever it can to weasel out of their contractual agreement. This issue was added to the contract because of the deady hydrogen sulfide gases emanating from the force main and because CESD has shown in past history an inability to monitor their own station and accurately report their flows. The sampling metering station has been agreed to and by signing the agreement they agreed to "immediately" construct this sampling station. This was signed in March of 2008. What is Mr. Days definition of immediate? Lyons said they could build this station for $70,000. CESD said they could build it for $40,000. Why hasn't CESD built it yet? CESD has done all they can to identify areas where this station CAN NOT be built instead of looking where it is feasible. Burlington has been able to do work within the railroad right of way, maybe CESD should talk to someone else in the DNR with some authority or maybe even talk to a politician in the new, friendlier State government.
    In a normal Town, the Town board would look at this situation and tell CESD to comply with their signed agreement but the squeaky wheel gets the grease in this Town! CESD whine about having no money. Has anybody (including the Town) looked how they spend their money and how they charge such outlandish user rates? Cesd claimed lyons was charging unfair and discriminatory rates but the Public Service Commission called this a bogus claim. Thanks for wasting tens of thousands of both disttricts money!
    The failure of CESD to build this sampling metering station is in direct violation of their contract and I urge Lyons San Dist 2 commission to either assess their penalites for this violation or better yet terminate their contract and force their to treat their wastewater elsewhere!
    I am tired of District No. 2 subsidizing CESD. Lyons commission where are your balls? Make CESD build what they agreed to!

    Timm
    Lyons
  2. report print email
    Change is needed
    January 16, 2011 | 05:38 AM

    I have been here a long time. The Town Board does not have staff to make proper decisions. It is not budgeted. I watched sewer commissioners and treatment plan operator changes go rampant the last 2 years. Favoritism toward CESD seems obvious and now one runs for Town Board. From looking at everything the Town Board needs to hire an Administrator part-time. Most elected officials and commissioners are working part-time or are not educated to the point that is needed to make good financial decisions and avoid bad risks. The Town Board has put a huge burden on the current commissioners and staff in district two and possibly in the other district because of very old bad decisions. There needs to be team efforts here or things will get worse and tensions even higher. Elected officials are setting policy and should higher proper staff to manage and administer and support such staff. It now seems that the Town Board is encouraging a violation of an agreement or contract. Where are the ethics here? It maybe Time for serious changes. We need honest people to do honest work and decisions. No more free hand outs or entitlement issues. Please get back to good old basics and integrity. Change is needed! Team Work is a must.

    Mustang One
    Lyons
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