Town Board passes a resolution to approve a reimbursement letter for Highland Ditch and other issues

By Susan de Castro McCann Redstone Review Editor

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LYONS – At a regular board meeting in early August the Lyons Town Board approved a resolution to approve a Highland Ditch Co. Reimbursement Letter. Town staff member Tracy Sanders presented the details of the resolution to clarify some of the issues that have been ongoing with Highland and the town.

The details in the resolution stated that the town needs to work with Highland Ditch Co. to agree to a Crossing Agreement over the ditch water for a trail.

Sanders told the board that the ditch company will need their staff, attorney, and engineer to review and approve the plan design and the Crossing Agreement. Their times are tracked and billed to the town. Highland requires that a Reimbursement Letter be signed by the town to agree to pay these fees, along with a payment of $2,750. This fee does not get applied to any upcoming staff, engineering, or attorney fees.

The staff notes to the board said, “In the past the Reimbursement Letter was only good for a few months and there was no limit to what could be billed to the town. The town repeatedly asked for an estimate for their time and Highland felt they could not estimate the fees. Town staff has negotiated with Highland to allow the Reimbursement Letter term to be for one year with a Not to Exceed amount of $20,000. If $20,000 both parties will discuss if an additional Not to Exceed amount would be required.”

The town staff recommended this action:

“1. Approve Highland Ditch Reimbursement Letter with a Not to Exceed amount of $20,000. 2. This Not to Exceed somewhat allows the town to have something to budget for, otherwise it would be wide open as to what could be accumulated in fees. 3. The town needs to work with Highland Ditch to agree to a Crossing Agreement over the ditch for the trail. The ditch company will need their staff, attorney, and engineer to review and approve plan design, and Crossing Agreement. Their time is tracked and billed to the town. Highland requires a Reimbursement Letter be signed by the town to agree to pay these fees along with a payment of $2,750.

This fee does not get applied to any upcoming staff, engineering, or attorney fees.

Trustee Gregg Oetting suggested that the town request that the bills from Highland be itemized so that the town can see what items they are being billed for and not just listed as an amount. Sanders said that the bills are presented by their attorneys and engineers.

Sanders explained that all the options for the trail have to go over Highland water. “We own the land,” she said, “but they own the water and we have to go over their water.”

In other matters, Town Attorney Brandon Dittman told the board that there was a good update on the Honeywell matter. He said, “The settlement obligations are complete and soon we can put the Honeywell matter behind us once those court settlements come through.”

In last month’s Redstone Review, in a story by Mark Browning, he reported that, “After more than five years of costly disputes and litigation relating to its wastewater treatment facility, the Town of Lyons will receive a $1.8 million settlement from Honeywell International, Inc. and its subcontractors. The Lyons Board of