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Sanitation charges clarified

Friday, January 5, 2007

The Lyon County Commission struck down the inspection and reconstruction fees for existing lagoons and septic systems on Thursday by a 2-1 vote.

The vote was one last victory for Commissioner Myron VanGundy, whose term formally ends Monday. There still will be a $395 fee for sanitary systems built where there had been no sanitary system before.

VanGundy said repeatedly that it didn’t make sense to charge people for taking the initiative to replace a failing or inadequate system.

“They want to correct it,” he said. “They want to fix it. They want to make it right. But because it’s not during a cycle inspection, they have to pay. And that was not the intent of my motion.”

The commission thought it had addressed the issue last September. That’s when it did away with the fees for the cyclical inspections performed by the health department. But as interpreted by the health department, the measure still required a $395 reconstruction fee for any new septic system or replacement of an old one.

“We’re following the motion as it was written in the minutes,” said Ann Mayo of the Lyon County Health Department. “We followed the rules as we knew them.”

But they weren’t the rules intended by VanGundy, who made the motion in September. During today’s meeting, he accused the health department of making the money its first priority.

“I have a sneaking feeling that the whole thing was designed to get the fees,” he said.

Not true, Mayo said.

“Foremost in my mind was getting the inspections done,” she said. “But there has to be a mechanism to fund them. And if we don’t do it this way, it’s tax dollars. It’s a difficult balance to make.”

After VanGundy carefully worked out his new motion with county counselor Mike Halleran, Commissioner Bob Davis added his vote in support.

Chairman Marshall Miller was the sole vote against the measure. He said he thought it still left too many gray areas.

“I’m not sure we’re done with this yet,” Miller said to the other commissioners. “I’m not opposed to what you’re trying to do, but this thing is going to be a continuous can of worms.”

The vote was the commission’s final action before adjournment.

“Let it be known that Commissioner VanGundy worked up to his last minute in office,” Davis said, shooting a grin to the often-combative commissioner.

“I can’t say it has been comfortable,” Miller added, “but it has been fun, Mr. VanGundy.”

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