Lorain/Elyria, OH
Elyria loses fight to halt sewer project
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ELYRIA — The city lost its efforts Thursday to temporarily halt work on the Lorain County Rural Wastewater District’s sewer project before it began.
Lisa Eschleman, chair of the Ohio Environmental Review Appeals Commission, said the board unanimously rejected the city’s request for a stay on the LORCO project. A full hearing on the city’s request to overturn an Ohio Environmental Protection Agency permit to install the sewer will take place in April, she said.
LORCO President Jim McConnell said he was relieved that the stay was rejected and that work will proceed.
Contractors have already begun to prepare some of the land for the 37½-mile sewer, he said.
Elyria Law Director Terry “Pete” Shilling said Thursday that just because there’s nothing stopping LORCO from legally starting work on the project doesn’t mean it will be too far along to stop by the time the April hearing arrives.
LORCO still needs to win several lawsuits against landowners who have refused to grant LORCO permission to dig under their property to install the sewer line. That could slow the project down long enough for the April hearing to make a difference.
But he also said if LORCO wins those lawsuits quickly and has progressed far enough in the project, it could render the hearing moot.
City officials have complained that LORCO’s sewer lines, which will run from parts of Carlisle and Eaton townships to the Avon Lake Wastewater Treatment Plant, will put LORCO into competition with the city, which operates its own sewer system.
“We feel this is a long-term potential problem for the city,” Shilling said last week after the permit to install and a water quality certification was granted to Avon Lake for the sewer project.
The sewer line could allow nearby homeowners in a sewer area assigned to Elyria to tap into the LORCO line and also disrupt the city’s continued expansion via annexation, Shilling said last week.
“The natural progression of the city of Elyria is south,” he said.
McConnell said the city is waging a fight he doesn’t believe it can win. The hearing Thursday only lasted a few hours but could have gone on much longer, he said.
“I think that the fact that it only took the board essentially a couple hours says something,” he said.
LORCO has also faced opposition from residents and other critics, who contend that the sewer — which is estimated to cost about $14 million — isn’t necessary and is not economically feasible.
Contact Brad Dicken at 329-7147 or bdicken@chroniclet.com.
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“The sewer line could allow nearby homeowners in a sewer area assigned to Elyria to tap into the LORCO line…”
So exactly how hard IS IT to draft some sort of resolution that sets what areas can and cannot be serviced by which sewer provider? If the sewer area is ‘assigned to Elyria’, then the people there CANNOT tap into the LORCO pipeline… End of argument.
What will suck is that for those people that DO build or live in those outlying areas designated as the ‘Elyria Sewer District’, that the city won’t have the money to actually PROVIDE (install and maintain) sewer services to those people for several decades maybe. But at least LORCO won’t be stealing thier business, right?
“…disrupt the city’s continued expansion via annexation, Shilling said last week.”
Should Elyria realliy be concerned with EXPANSION via ANNEXATION right now? Or at any time in the not-TOO-distant future?
The city doesn’t have the cash flow to provide basic services for the residents and businesses that it already has. But they are concerned with snatching up more rural land to call “Elyria”?
Incredible…
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HA mayor of elyria; geuss you cant try to force other area townships to tap into your lines so you can add them to your city that already is too big for the size of your fire dept. alot of us country folk know what your trying to do; add us to your city so you can take our taxes and water money too. we dont need or want your hands in our cooky jar.
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If Grace would of played his cards right, eight years ago, he could of had LORCO build that lline right to Elyria.We could be chargingfor that waste at $2 to $4 dollars a gallon. The Mayor said no. Now he wants to hold up their sewerline because he now knows that Eaton and Carlisle do not need Elyria for growth. Graces plans were to annexs all of their land through negotionating sewer service. So now Grace can cry tears in his cereal. He wanted all the property to route 10, there are three exits along that strech of highway, with alot of availiable land. By the way since when did Schilling actually start representing the City usally we always end up contracting that out. Finnally the City is starting to use the resourse that we have always been paying for.
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Hey Schilling, nobody south of Elyria wants your expansion or anything to do with your city.
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Inyouwetrusted, I think the reporter maybe forgot to ask the question about who is paying for this fight, but today Stand Up Elyria released a press release concerning this matter and I though I would help you find what you where looking for!
The following is from their press release today, also contains all the supporting documents as facts Christopher, AKA Ryan!
William Grace has wasted another $150,000.00 of Elyria Tax Payer Monies in a time when every dollar counts and Elyria is facing deficits in 2010. This time he is fighting a project that his second in command, and the man to replace him as Mayor if he is recalled, voted in favor of in 2003! Enough is Enough and NOW is the time to Recall William Grace!
The Lorain County Rural Wastewater District (LORCO) has developed a plan approved by the Ohio EPA and its Northeast Ohio Areawide Coordinating Agency (NOACA), of which Mayor Grace is currently Board President, to install sewers in Carlisle and Eaton Townships to replace failing septic systems. At the NOACA June 13, 2003 Board meeting, NOACA approved the LORCO project as consistent with its Clean Water 2000 Plan, and Christopher Eichenlaub, the Mayor’s alternate for the meeting, voted with the rest of the NOACA Board to adopt that resolution. Following the preparation and approval of design drawings and related engineering, Chris Korleski, Director of the Ohio EPA, issued Permits to Install the project. Those permits issued on October 20, 2009.
At the direction of Mayor Grace, Elyria has challenged the issuance of the permits and filed an appeal with the Ohio Environmental Review Appeals Commission, ERAC Case No. 476379. Elyria hired the law firm of Taft, Stettinius & Hollister LLP, at the rate of $350.00 per hour, to challenge the very project which Elyria’s representative and the NOACA Board had voted to approve. For services by that law firm in June, July, and August of this year, Elyria has been billed $116,806.22! This is nearly equal to the combined annual salaries of three City police officers or fire fighters. I have attached copies of the law firm’s retention letter and bills for your review.
Recent;y, the Environmental Review Appeals Commission held a hearing on a motion filed for the City by the Taft firm to stop all construction on the LORCO sewer project. The Commission voted unanimously to deny the request by the City, and the challenge to the project has been opposed not only by LORCO and the Avon Lake Municipal Utilities, which will construct the LORCO system and treat the wastewater, but also by NOACA and the Ohio EPA. The Taft firm had three lawyers in attendance at the hearing, at a cost of $1,050.00 per hour!
The LORCO project will not affect the City of Elyria in any way. That project will serve only residents in Eaton and Carlisle Townships, not a single person in the City of Elyria or any of the residents to whom Elyria is authorized to provide wastewater services. Why the Mayor has embarked on this course of action, all at the expense of Elyria taxpayers, is incomprehensible. Why he would choose to spend City funds to oppose a project which his designated representative, the NOACA Board, and the Ohio EPA all have approved instead of meeting the critical needs of the City is inexplicable.
The voters in Elyria should know the facts concerning the Mayor’s conduct concerning this project and how he has chosen to spend
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I am aliitle disappointed by this news, I was hoping that it was the Shilling office that was handeling the case. This is total BS, how can this administration and their followers open up their mouths about 50,000 dollars when they waisted 116,000 on a case that had not one leg to stand on. Now this is a waist. Oh judge I think that you should not allow Eaton or Carlisle to tap into Avons sewers because My second in command decided that he would vote against it before he voted for it. JUST ANOTHER 116,000 REASONS TO VOTE THIS GUY OUT. VOTE NO ON DECEMBER 22, 2009
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Kevin,
If there was any way to get this information out to the general public, it would probably have a huge effect on the outcome of the election, wouldn’t you think? I wonder if the Chronicle will publish it in the printed edition, possibly in a letter to the editor?
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All that the faction who is opposed to LORCO has to do TO STOP the construction of the sewer lines PERMANENTLY izzzzz…
…… to begin attending High School Basketball Games and IN THAT BRIEF INSTANT OF SILENCE THAT OCCURS subsequent to the singing of The US National Anthem say the Police Radio Code “10-5″ followed by the utterance of “seven (7) magic words”
.
.
That also will result in the collection of $10 million for the city, county, school board coffersand will ced TOTAL POLITICAL CONTROL to the pro-recallers, unions of the municipal employees and teachers’ unions within the County
.
“10-5″ plus the utterance of “seven (7) magic words”
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JUST FOR YOU CHRISTOPHER, BTTT!
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From the Rural-Urban Record Jan 25, 2010
In the legal report, O’Toole stated that the City of Elyria has started a wave of litigation in regads to the sewer project. Elyria has filed hundreds of motions, briefs and memorandums through the court system. Lynch said this litigation is costing the Elyria tax payers, but also the benefitted users of LORCO.
If the City files in federal court, fees and cost can be awarded by the court.
Grace has already spent 150k plus on his losing effort to put a temporary halt to this project.
And now he is spending a lot more of the taxpayers money and for what. His huge ego?
So that he can try to annex more of Carlisle and Eaton Townships?
He fails misirabley in bringing new business into his own city to so lets annex into the township and create a tax base that way.
He tried to shove JUDCO down Carlisle Township’s throat and he lost that effort also.
1. The Lorain County Rural Wastewater District (LORCO) has developed a plan approved by the Ohio EPA and its Northeast Ohio Areawide Coordinating Agency (NOACA), of which Mayor Grace is currently Board President, to install sewers in Carlisle and Eaton Townships to replace failing septic systems. At the NOACA June 13, 2003 Board meeting, NOACA approved the LORCO project as consistent with its Clean Water 2000 Plan, and Christopher Eichenlaub, the Mayor’s alternate for the meeting, voted with the rest of the NOACA Board to adopt that resolution. Following the preparation and approval of design drawings and related engineering, Chris Korleski, Director of the Ohio EPA, issued Permits to Install the project. Those permits issued on October 20, 2009.
At the direction of Mayor Grace, Elyria has challenged the issuance of the permits and filed an appeal with the Ohio Environmental Review Appeals Commission, ERAC Case No. 476379. Elyria hired the law firm of Taft, Stettinius & Hollister LLP, at the rate of $350.00 per hour, to challenge the very project which Elyria’s representative and the NOACA Board had voted to approve. For services by that law firm in June, July, and August of this year, Elyria has been billed $116,806.22! This is nearly equal to the combined annual salaries of three City police officers or fire fighters. I have attached copies of the law firm’s retention letter and bills for your review.
Recent;y, the Environmental Review Appeals Commission held a hearing on a motion filed for the City by the Taft firm to stop all construction on the LORCO sewer project. The Commission voted unanimously to deny the request by the City, and the challenge to the project has been opposed not only by LORCO and the Avon Lake Municipal Utilities, which will construct the LORCO system and treat the wastewater, but also by NOACA and the Ohio EPA. The Taft firm had three lawyers in attendance at the hearing, at a cost of $1,050.00 per hour!
His own handpicked SSD Chris Eichenlaub voted for this project.
Elyria, you voted to keep this man in office for 2 more years. Well good luck, as he is going to continue to spend your hard earned tax dollars on his pet projects and put your city into deeper and deeper debt.
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Please excuse the typo’s.
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Kevin
You will have to go post on Lorain County. Com so your brother can see and read your message to him, see he is over there trying to play head games with one of his usual fake names. You know he post the typical name calling hearted towards anyone who post the truth about his savoir. I am sure there will be some more good news that cripes out about your brothers savior, Mr. Mismanagement of 1999.
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Kenny,Sparkywire, Dirtdigger, Sparky, are you kidding us? You have the nerve to call out someone over fake names and you have about 6 of them? Geez I hope momma approves, may have to go to the trailer park and hae a lil sit down meetin.
Your the biggeest fake on the blogs do you realize that?
What say you folks?
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Ok genius what are the 6 fake names?
Brady Thomas says:
January 29, 2010 at 12:16 pm
Kenny,Sparkywire, Dirtdigger, Sparky, are you kidding us? You have the nerve to call out someone over fake names and you have about 6 of them? Geez I hope momma approves, may have to go to the trailer park and hae a lil sit down meetin.
Your the biggeest fake on the blogs do you realize that?
What say you folks?
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Sparky
Sparkywire
Dirtdigger
Kevin Sito
Endthecorruption
Theres 5, that iam sure of, genius. Are you posting on taxpayer time and money?
What say you folks?
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Brady Thomas
Oh! Sorry forgot to thank you for connecting this fake name to your others…Thank You! Now enough of you, lets talk about the wasted taxpayer’s money that Grace spent on one his other pet projects, and that is annexing more of the townships, question: Mr. Thomas, where is the money coming from to pay the big bill on this one? Our City is broke, that is what we keep hearing from the admin, so why would the Mayor want to annex more property, we don’t have the right size Fire department and Police department to even take care of the size of the City we have now, what say you?
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BJ
Nope sorry! Genius, guess again I only will admit to 3 and the last two do not count, one of them got two emails because a certain person thought Sparky was some one else for a time….interesting emails. A lot of folks already new I was Sparky for a long time, what took you so long to find out, so you haven’t busted anyone, but I do remember someone got busted on LC for using the fake name ID after he gave his phone #
Now please lets get back to the meaning of this story, I find it quit interesting to say the least, what say you?
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Mr Thomas you are WRONG, I am not sparkwire. I am a concerned citizen that has more connections to what is going on in this corrupt city. Once the citizens find out the real truth if what isgoing on, which it will they will hit theie foreheads and say why did I vote for him, or they will deny ever voting for him.
By the way when this story broke in the CT I told all ofyou what Grace was up to, come to find out the truth be told in the urban and not the chronicle. I also do know of the ilegal Elyria, Elyria Township JEDD. It was signed into law without the VOTE of the property business owners which makes that JEDD contract illegal. If the township trustees would have the wafles to fight the city they could win and the city would have to reimburse the township business owners all those collected income tax dollars. It is a OHIO codefied ordinance which the CITY of Elyria did not follow. I have a copy of the contract between the two with no copy of the ballot inicative.
Also the property out on Middle Ave where the tralior park is. In the late sixties the citizens of Elyria voted on that property NOT to be annexed to the city, If you look at the records that annexations is illegal and records can be found of a legal annexation. We are paid 5 cents on every dollar in property tax on that land.
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Sorry about the typos, I was in a hurry. Also it should read cannot be found.
records can be found
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Well now very interesting!
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Endthecorruption
Thanks for bringing the JEDD to my attention. That was what I meant in my above post, not JUDCO.
And what has that venture done for Elyria Township?
Nothing good for Elyria Township.
And your right, I had to read that in the Rural Urban as it seems that the Chronicle doesn’t want to bring any more negative light to the boy wonder.
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Hahahahahaha. Kenny you have once again been outed. Your a liar and use multiple fake names I have have proven.
So done with, what say you folks.
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Brady Thomas aka …..
You need to find copy and paste a post where I said I didn’t use fake names and post on here….as your real name has said many of times put up or shut up…..Now lets get back to the juice news of the day this story. What say you folks?
Brady Thomas says:
January 29, 2010 at 3:13 pm
Hahahahahaha. Kenny you have once again been outed. Your a liar and use multiple fake names I have have proven.
So done with, what say you folks.
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Dirtdigger
Ya you tell him put up or shut up!
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How old are you people? If your game was any good you wouldn’t need to keep switching names.
The only one who might have an excuse is Sitto, but only because he acts so childish he gets barred and it’s the only way he can get back in.
You name changers make me sick!
You say something, and the going gets tough, so you just come back under another name.
Or you want to make people think you have more support than you do.
Disgusting and cowardly.
Talk about a car wreck. I hope some day we all find out who everyone is. It would serve some of you right.
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@ Loving Life
lol
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Reminds me of kindergarden.
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OH PETER!!!!>????? majic words? please sir you insult us folks. high school basketball games and pizza scams ???? the CDC losing something - you are worse than a hack amnd more dangerous than a bull wielding chainsaws in an ice factory with a gas attack - YOU HAVE NO PROOF have shown NO PROOF other than obscure reference to bad movies - PROVE IT BOY PROVE IT!!!!
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meh what’s the point?
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Great posts. (The ones on topic.) Another example of our money being flushed.
Signed for Brady,
Ben Dover
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To my fellow posters
Yes I will admit I got a bit childish on here, but in my defense I did tell Mr. Thomas to get back to the subject. but as usual he wouldn’t listen . Sorry folks!
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Delyria
You hit pipe wrench on the old drain pipe, where is the money going to come from to pay all theses legal bills. Haven’t we been told many of times our City is broke, I could see if our City was going to loose all kinds of money because of the sewer system going in, then fight the fight, but as we know now it was because Grace wanted to annex more of the townships property in the future. I don’t know about you folks but it would seem that the admin can’t take care of what property the City has now.
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What is the Rural Urban?
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What is the Rural Urban?
It’s a local news type paper
http://www.server-jbmultimedia.net/Rural-UrbanRecord/sitebase/index.aspx?area=doublepage&adgroupid=183447&pagenumber=1&view=double&FH=735
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Thank you
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