OneLyons files Special Article 78 Petition to compel Village of Lyons to complete statutory duties

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Citizens group OneLyons representatives who signed Article 78 Petition

Here is our Official Press Release:     OneLyons June 28 2013 Press Release of Article 78 Case0001.

Acting Supreme Court Judge Nesbitt signed the following order compelling the Village to appear and explain why an order should not be granted finding the Village in violation of State law.  Also attached in this file is the proof of service and affidavit of truth:      Onelyons Article 78 case 759060001.

Here is a copy of our complete case that was presented to the court and served upon the Village:     Article 78 petition for June 28 2013 FINAL, MMS – Guide to GML 17-A – Consolidation and Dissolution of Local Government (3).

 

THE deadline is past…. questions remain….

Recently in a facebook chat session Village of Lyons Trustee Joanne Greco respectfully challenged us why we keep referencing the Village of Lyons statutory duties when the Village Board turned the process over to a “Dissolution Committee.”   We applaud her public engagement, as well as continue to commend the “Dissolution Comittee” for the massive amount of work they have done in a very short time frame.

We refer everyone to the NYS CONSOLIDATION & DISSOLUTION LAW OF 2010

Further, regarding statutory deadline dates…. how did we arrive at June 25th as the legal date?  December 27 to June 25 is numerically 180 days by direct count, June 27th (the date the Village gives) is a guesstimate of approximate 6 months.

Questions we should ask Mayor Kleisle and the Lyons Village Board, or the members of the “Dissolution Committee:”  1)  Why do you think you were unable to meet the deadline of June 25?  2)  When do you believe your Village Board appointed duties will be completed?  3) Why did Mayor Kleisle wait to contact NYS with legal questions, when many of those questions could have been asked months ago and wrapped up by now?  4)  With over $55,000 spent on MRB Consultants, why didn’t they suggest all of this in advance instead of waiting until the 11th hour and having to be delayed…. weren’t they the expert consultants on dissolution?  or is there any financial and ethical conflicts of interest present that would promote MRB Consultants to delay a process, force a revote, and see dissolution fail????

Finally, as we wrap up this week and look to the next few months….. let’s review a recent “EMERGENCY” the Village declared regarding the Sohn Alloway Water Tank:  There was always concern by former Trustee Vanstean about shutting down all water production in Lyons and buying our water totally off one main coming from Newark without backup.  His objection was overrode because it was felt that the water tanks would always be here to take care of us in emergency…..  Further, if routine maintanence on the water and sewer infrastructure is being properly maintained, then why do we suddenly have to declare an emergency on what should have been caught during routine maintanence?  REgarding sewers….  we are told that the cross connection on Catherine Street was standard practice for years and legal, but now due to massive infiltration must be separated.   What’s the status of all of our sewer lift stations and pipes, are they aged and failing or in great shape?

We’ve been told by Mayor Kleisle that DISSOLUTION has NOTHING to do with Water and Sewer problems…… we continue to ask you to review your rising costs due to mismanagement, and ask yourself if such critical areas as Water & Sewer are allowed to rot, what other kind of management is performed in other areas?

Further information to come within the next 4 weeks!  Stay tuned!!!!