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HomeMy WebLinkAbout1987-10-28continued October 14, 1987 RESOLUTION offered by Mrs. Kirby who moved its adoption, seconded by Mr. Hilliard: RESOLVED that thismeeting (9 :20 P.M.) be recessed for the Town Board to meet in Executive Session to discuss personnel matters. RESOLUTION offered by Mr. Emmick, who moved its adoption, seconded by Mrs. Kirby: RESOLVED, that the Executive Session be terminated and the Regular Meeting be reconvened of ( 10:18 • Vote P.M.). Town RESOLUTION offered by Mr. Hilliard, who moved its adoption, seconded by Mr. Emmick: RESOLVED, that the Town Board hereby authorizes a pay raise of .35G per hour to Highway Employees effective January 1, 19880 Vote of Town Board . Vote of Town Board . • Vote of Town Board . Vote of Town Board . . (Aye) Herbert Howell, Supervisor . (Aye) Louis Emmick, Councilman . (Aye) Bert Hilliard, Councilman . (Aye) Jeannine Kirby, Councilwoman On motion, meeting adjourned at the call of the Supervisor q3DIQ,, October 28, 1987 The Lansing Town Board met in an Adjourned Meeting at 7 :30 P.M. on October 28, 1987 to discuss Local Law No. 4 and to act on any business that may come before said board. ROLL CALL Herbert Howell Supervisor Present Louis Bush Councilman Absent Louis Emmick Councilman Present Bert Hilliard Councilman Present Jeannine Kirby Councilwoman Present Robert Williamson Town Attorney Present (7:45 P.M.) IBonita Boles Town Clerk Present Visitors: Deputy Town Clerk, Debbie Crandall and approximately 150 Lansing Residents. The Supervisor called the meeting to order having the clerk take the Roll Call. Proof of Notice having been furnished by the Town Clerk, the Public Hearing on the proposed Local Law No. 4 was called to order at 7:30 P.M. The Supervisor asked the Clerk to read the notice that was published in the Ithaca Journal news paper. Mr. Howell introduced the board members and Mr. Tom Richards from Cornell University who is in charge of residuals and sludge management programs. Mr. Howell stated that he would help in answering some questions from the audience. Mr. Howell outlined the order of events that had come about in the previous couple of weeks concerning the sludge problem. Mr. Williamson summarized both Local Law No. 3 and proposed Local Law No. 4. He also stated that you cannot stop refuse from out of State. The meeting was then opened to a question and answer period. Major concerns of the people present were: r 1) The contents of sludge - how it would effect the land and surrounding areas if it were allowed. 2) How many times a year and during what times Munson's would be allowed to dump. 3) The smell it would create. 4) The impact sludge would have on existing and surrounding lands and houses. 5) What the requirements are in order to meet D.E.C. approval and weather these requirement are strong enough to protect the people. 6) If the D.E.C. allows the Munson's to spread sludge, what legal action could be taken after the D.E.C.'s approval to reverse their decission? 7) The health hazards involved in any type of sludge. 8) Who will do the on site tests that are required to be done? 9) Who will take care of the Town roads if the transportation of the sludge has an effect on them? 10) The type of virus, heavy metals and chemicals sludge contains. 11) How did this issue go this far before the public was informed about it? �3 continued October 28, 1987 Some comments Mr. Richards,from Cornell University made on sludge, were as follows: been 1) There are differences between sludge from different areas and these Public differ from day to day. 2) Sludge is "everything" that goes down a drain. 3) Industrial sludge can be very bad. 4) Syracuse sludge meets D.E.C. requirements which are fairly conservative to concerning the heavy metal consumption level. 5) Metals from sludge do not tend to move downward in soil very much. 6) Sludge if and when brought to Lansing would be brought in dump trucks and would be a fairly dry cake material and is about 20% solid. It would be spread with a manure spreader and plowed in with a tractor. 7) The smell would vary on the wheather conditions. 8) The D.E.C. could allow sludge to be spread on one area for 13 years before the copper would become a problem. 9) Metals are in solids in this area at the present time. 10) Two different tests would take place, one is by the Onondaga County Water Authorities at the plant, which would be on the sludge and there would also be an annual test on the soil. Every 25 to 50 acre parcel is tested. Mr. Philip Munson, the applicant introduced himself to the people. He stated the the choice of the sites conformed to the guidelines according to his engineer with' 500 foot set back from every resident and every well. Mr. Munson also stated that the sludge would be applied when the ground could be competently and reasonably worked. It would not impair tillage or impose a risk upon anyone. He also stated that the waste would be immediately tilled into to soil. He regards sludge as an organic source of nutrition . Mr. Howell asked Mr. Munson the following question: In view of the fact that about 99.1% of the people here are against the sludge spreading, would you consider withdrawing your application to D.E.C. and solve alot of problems? Mr. Munson said that he had not heard reasons, and D.E.C. will make a determination if there are reasons why the plan should be withdrawn or modified. He also stated the he was not an expert. When asked how profitable Onondaga County made this for him, he said he has no ecomomic ties with Onondaga County and does not intend to have any. He also remarked that if sludge was mismanaged it could be a hazard to your health. Mr. Munson said that the reason he was doing this was to save the cost of fertilizer and for crop nutrition. He said the sludge would be applied at the rate of 3 tons per acre and the nutritional content will have to be grown out before more is put on. Roger Hagin presented a petition to the Town Clerk with signatures of residents who oppose the Sludge issue. Mr. Hagin then read a statement from the Asbury Road committee. All person desiring to be heard, having been heard, the Public Hearing on Local Law No. 4 was terminated. Proof of Notice having been furnished, the Public Hearing on the repeal of Local Law No. 3 of the year 1987 was called to order by Supervisor Howell. All persons desiring to be heard, having been heard, the Public Hearing on the repeal of Local Law No. 3 was terminated. Town Board Members discussed the Public Hearing's just held and the following Resolutions were offered: RESOLUTION offered by Mr. Emmick, who moved its adoption, seconded by Mrs. Kirby. WHEREAS the Town Board of the Town of Lansing has received notice from the New York State Department of Environmental Conservation of an application by Munson Farms to operate a Solid Waste Management Facility UPA -70 -87 -0155 in the Town of Lansing and WHEREAS over 300 citizens of the Town have petitioned the town to adopt a Resolution opposing the application and the granting of a permit authorizing said facility and WHEREAS the Town Board has adopted a Local Law prohibiting the importation of sludge into the Town of Lansing from outside the Town and WHEREAS the notice of application was not received by the Town until on or about October 10, 1987 and WHEREAS the notice was not received by the Town until several weeks after Munson Farms filed it's initial application and WHEREAS the late notice of the application from the Department of Environmental Conservation, the apparent secrecy of same, and the failure of the Department of Environmental Conservation to notify the Town Board of Lansing is an outrageous atrocity against the Town and it's Citizens, NOW THEREFORE BE IT RESOLVED, unanimously by this board, that the Town opposes the issuance of the permit for the proposed Solid Waste Management Facility in the Town of Lansing and be it further RESOLVED, that the Town Clerk forward a certified copy of this Resolution to the New York State Department of Environmental Conservation in Liverpool, New York. C a (Please Use this Form for Piling your Local Law with the Secretary of State) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. of LANSING, Town 0000 d Local Law No........ 4 . . . . . . . . . . . . . . . of the year 19 4C 0.0 1i , A local law 0000 TOWN. OF LANSING, SOLID, �1�1STF ,IMPORTATION, LOCAL LQW,NQ; , 040 , , , , , .. , . (Insert title) Be It enacted by the ........ 0000... .TOWN BOARD.... , ..moos , . 0000 , _ „ of the ... (Name of LcSislative Body) O Cky Town of .......................... LANSING ... ........ ............................ asfollows: VMUW& _ 1. LEGISLATIVE FINDINGS AND PURPOSE. The Town Board finds that the disposal of solid waste is a problem of significant importance involving health, safety, welfare, financial and munici- pal service concerns which is the primary responsibility of the town initially, wherein said solid waste is generated within its borders, or, in the alter- native, the responsibility of any superior municipal entity that has formally assumed this responsibility (Tompkins County or the State of New York).. by Resolution No. 282 of November 24, 1969, the County of Tompkins has assumed said responsibility. The Town Board further finds that the town lacks the financial resources to provide solid waste disposal and to maintain a solid waste manage- ment facility for solid waste generated within the town in accord with existing regulations and requirements. The Town Board further finds that establish"at of a solid waste management facility within the town by any other entity other than under the auspices and control of a superior governmental entity would lead to uncontrolled importation of solid waste generated outside of the town and possibly outside of the County of Tompkins. Such uncontrolled use could lead to the utilization on a large scale of vacant lands within the town creating environmental impacts which would be the responsibility of non - governmental entity which has no direct responsibility to the residents of the town. 2. DEFINITIONS. The ,below definitions are contained in the Solid Waste Management Facilities Regulations (6 New York Code of Rules and Regulation "MYC11Rtt 1360.1 (c) and (d)). Other terms not herein defined specifically shall be construed as defined in the aforementioned regulations 6 NYCRR 1360.1 (c) sad (d). a) Construction and demolition debris means wastes resulting from construction, remodeling, repair and demolition of structures, road building and land clearing. Such wastes include but are not limited to bricks, concrete and other masonry materials, soil, rock and lumber, road spoils, paving material a44 tree and brush stumps, b) Disposal means the discharge, deposit, injection, dumping, spilling, leaking or placing of any solid waste into or on any land or water, so that such wate or any constituent thereof may enter the environment, be emitted • into the air, or discharged into ally waters, including ground waters of. tha State. (if additional space is needed, please attach sheets of the same size as this and number each) c) Disposal facility means a facility or part of a facility at which solid waste is intentionally placed into or on any land or water, and at which waste will remain after closure. d) Garbage means putreacible solid waste, including animal and vege- table waste resulting- from the handling, storage, sale, preparation, cooking or serving of foods. Garbage originates primarily in home kitchens, stores, markets, restaurants and other places where food is stored, prepared or served. e) Landfill means a disposal facility, or part of a facility Where solid waste is placed in or on land, and which is not a land treatment facility, a surface impoundment, or an injection well, f) operator means the person who is responsible for the operation of a solid waste management facility. g) Owner means the person who owns a facility or part of a facility. h) Person means an individual, trust, firm, joint -stock company,cor- poration (including a government corporation), partnership, association, state, Federal government and any agency thereof, municipality, commission, political subdivision of a state, or any interstate body. i) Sanitary landfill means a land disposal site employing an engi- neered method of disposing of solid wastes on land in a manner that minimises environmental hazards and meets the design and operation requirements of this Part. j) Solid waste management facility means any facility employed beyond the initial solid waste collection process, including but not limited to: storage areas or facilities; transfer stations; rail -haul or barge-haul facili- ties; processing facilities, including resource recover facilities; sanitary landfills; incinerators; landspreading facilities; composting facilities; sur- face impoundments; and waste oil storage, reprocessing and rerefining facili- ties. k) Storage means the containment of any solid waste, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of such waste. 1) Town means the Town of Lansing. m) Transporter means a person engaged in the off -site transporatioa of solid waste by air, rail, highway or water. 39 SOLID WASTE ORIGINATING OUTSIDE TOWN. No person shall transport, import or bring for deposit, or cause any other person to transport, import or bring for deposit, into the town any gar- bage or other solid waste and construction and demolition debris Originating or generated outside of the town. No person shall store, operate a landfill or other solid waste manage- ment facility which accepts garbage or other solid wastes and construction and demolition debris originating or generated outside of the town. Excepted herefrom shall be any solid waste which is being recycled under a program approved by the town or being reused in a commercial activity. (2) 4. PENALTIES AND OTHER REMEDIES* ti Any person violating this local law shall be punished upon conviction, by a fine not exceeding five hundred dollars ($500.00). Each days continued violation shall constitute a separate and additional violation hereunder: In addition the town may enforce this local law by iajunction in accor- dance With Article 63 of the Civil Practice Law and Rules and other applicable law. Should the town seek such injunctive relief and it is granted, the person found in violation and enjoined shall be responsible for reasonable attorneys fees and disbursements in connection therewith to be fixed by the court gra4ti4; said relief. 5. SEVEBAEILITY, If any clause, sentence, paragraph, subdivision, section or part of this local law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the contro- versy in which such judgment is rendered. 60 -WHEN EFFECTIVE, This local law shall become effective on (3) October 28 , 1987. . (Complete the certification in the paragraph which applies to the filing of this local law and strike out the matter therein which is not applicable.) I. (Final adoption by local legislative body only.) 1+. I hereby certify that the local law annexed hereto, designated as local law No. ... 4.... of 19.87.... MUM I of theme of .. Lans ink , , , was duly passed by the .. Lans Jng ypy,� 4g4rd, Town ... ... .. loll .. ........ map (Name of legislative Body) on October , 28 19 ,87,,,,' in accordance with the applicable provisions of law. Soo (Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer,'' or repassage after disapproval.) 1 hereby certify that the local law annexed hereto, designated as local law No.......... of 196.:66684 County of the City of of ................ was duly passed by the l o l l . l o s e .......... ..... . . . . on 68 . . . . . . . Village (Name of legislative Body) not disapproved on ............................. 19 ........ and was approved by the , ... .... set* repassed after disapproval Elective Chief Executive Officer• and was deemed duly adopted on ... ............................... 19 .......,, in accordance with the applicable provisions of law@ 3. (Final adoption by referendum.) hereby certify that the local law annexed hereto, designated as local law No. ... 0 0 0 6 . of 19 ..seas.. County City of the Town of ................ was duly passed by the . . . . . . . . . . . . . , ... . . . . . . .. . . . . . . . (Name of legislative Body) Village not disapproved on . : . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 9 1 6 4 0 . . . . and was approved by the . . . . . . . . . . . . . . . . . , . . . . , , , . . . repassed after disapproval Elective Chief Executive Officer' on ... ............................... 19 .......... Such local law was submitted to the people by reason of a mandatory permissive referendum, and received the affirmative vote of a majority of the qualified electors voting general thereon at the special election held on .............................19 .49000000 in accordance with the applicable annual provisions of law. 4. (Subject to permissive referendum, and final adoption because no valid petition filed requesting referendum.) 1 hereby certify that the local law annexed hereto, designated as local law No. ........ of 19 ........ County City was duly passed by the . of the Town of ................ ......................... ............. (Name of Legislative Body) Village not disapproved on ............................. 19.000.1.. and was approved by the. . repassed after disapproval Elective Chief Exacutivc Officer' on ... ............................... 19 .......... Such local law being subject to a permissive referendum and no valid petition requesting such referendum having been filed, said local law was deemed duly adopted on .............................19 .Gets..., in accordance with the applicable provisions of law. 'Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county -wide basis or, if there be none, the chairman of the county legislative body, the mayor of a city or village or the supervisor of a town where such officer is vested with power to approve or veto local laws or ordinances. (2) �:.. .. . l k S. (City local law concerning Charter revision proposed by petition,) r 1 hereby certify that the local law annexed hereto, designated as local law No. ........ of 19 68209660 of the City of .. ............................... having been submitted to referendum pursuant to the provisions of 37 of the Municipal Home Rule Law, and having received the affirmative vote of a special majority of the qualified electors of such city voting thereon at the general election held on ........... . .......,.... 19......... became operative. ti. (County local law concerning adoption of Charter.) 1 hereby certify that the local law annexed hereto, designated as local law No. ........ of 194006666.. of the County of . . . . . . . . . . . . . . . . . . . . . . State of New York, having been submitted to the Electors at the General Election of November ............ . 191.1.11, pursuant to subdivisions S and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and of a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certifica- tion.) 1 further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph ......1..... above. Clerk @i*, Town en viiispe@k i or Date, October 28, 1987 (Seal) (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized Attorney of locality.) STATE OF NEW YORK COUNTY OF 0000:00 Tompkins.,...,_,. „ , the undersigned, hereby certify that the foregoing local law cone proper proceedings have been had or taken for the enactment of t local law Date: October 29, 1987 s the correct text and that all sexed hereto. Town,MXAt nqy ...................... ................. Title (3) i• m ., „ of Town YAKW Lansing.. ................. J 1 To Seneca Fells Q "q. Town of Lansing Box 186 Lansing, N. Y. 14882 To Auburn TOWN of LANSING "Nome of Industry, Agriculture and Scenic Beauty" The following Resolution was adopted by the Town Board of the Town of Lansing at an Adjourned Meeting held on October 28, 1987: RESOLUTION offered by Mr. Hilliard, who moved its adoption, seconded by Mrs. Kirby: RESOLVED, that the Town Board hereby adopts Local Law No. 4 of the year 1987 entitled " TOWN OF LANSING SOLID WASTE IMPORTATION LOCAL LAW NO. 4 ". VOTE OF TOWN BOARD Vote of Town Board . . . . (Aye) Herbert Howell Supervisor Vote of Town Board . . . . (Aye) Louis Emmick, Councilman Vote of Town Board . . . . (Aye) Bert Hilliard, Councilman Vote of Town Board . . . . (Aye) Jeannine Kirby, Councilwoman STATE OF NEW YORK ) COUNTY OF TOMPKINS ) ss: TOWN OF LANSING ) I, Bonita Boles, Town Clerk of the Town of Lansing, Tompkins County, New York, do hereby certify that I have compared the preceding Resolution with the original thereof filed in my office at the Town Hall, Lansing, Tompkins County, New York on the 28th day of October, 1987, and that the same is a true and correct copy of said original in the whole thereof. In testimony whereof, I have set my hand and affixed the seal of said Town this 29th day of October, 1987, Seal Bonita Boles - Lansing Town Clerk Tompkins County, New York uwiLinuea uctooer zb, 19b/ Vote of Town Board . .(Aye) Herbert Howell, Supervisor Vote of Town Board . (Aye) Louis Enniilck, Councilman Vote of Town Board . .(Aye) Bert Hilliard , Councilman Vote of Town Board . . . .(Aye) Jeannine Kirby, Councilwoman Copy of Local Law No. 4 attached hereto and made a part thereof. RESOLUTION, offered by Mrs. Kirby, who moved its adoption, seconded by Mr. Emmick: RESOLVED, that the Town Supervisor be and he hereby is authorized to enter into an agreement with Tompkins County and the Town of Groton concerning the hiring of an Attorney specializing .in environmental matters to ' challenge the-D:E.Ce in issuing a permit to operatea" Solid�Waste'Management�Facility in.the`Towns of Lansing' and Groton. Vote of Town Board . .(Aye) Herbert Howell, Supervisor Vote of Town Board . .(Aye) Louis Emmick, Councilman Vote of Town Board . .(Aye) Bert Hilliard, Councilman Vote of Town Board . .(Aye) Jeannine Kirby, Councilwoman After some discussion, the Town Board decided to keep Local Law No. 3 in effect. The following Resolution was adopted concerning Local Law # 30 RESOLUTION offered by Mrs. Kirby, who moved its adoption, seconded by Mr. Hilliard: RESOLVED, that the Town Board hereby tables an amendment to Local Law No. 3 but reserves the right to do so at a.later date if the board so desires. Vote of Town Board . (Aye) Herbert Howell, Supervisor Vote of Town Board . (Aye) Louis Emmick, Councilman Vote of Town Board . (Aye) Bert Hilliard, Councilman Vote of Town Board . . (Aye) Jeannine Kirby, Councilwoman Supervisor Howell discussed the tentative Budget with all the changes that were made. Sherri Zifchock questioned the amount budgeted in the Highway Budget to fix roads in the Town. No action on the budget was taken. RESOLUTION offered by Mr. Emmick, who moved its adoption, seconded by Mrs. Kirby: RESOLVED, that the Town Attorney is hereby authorized and directed to prepare an agreement and a deed between the Town of Lansing and the Thompson's for the time period, August 1, 1987 through December 31, 1989, and BE IT FURTHER RESOLVED, that the Supervisor is hereby authorized and directed to sign said agreement on behalf of the Town. Vote of Town Board . (Aye) Herbert Howell, Supervisor Vote of Town Board . (Aye) Louis Emmick, Councilman Vote of Town Board . . (Aye) Bert Hilliard, Councilman Vote of Town Board . (Aye) Jeannine Kirby, Councilwoman Mrs. Kirby discussed the Traffic Study that will be done by Cornell University. She thought the Town should consider buying an extra 100 questionaires. These questionsire would cost the Town $5.00 each. This will be discussed at the next Regular Meeting. No action taken. On motion, meeting adjourned at the call of the Supervisor November 5, 1987 The Lansing Town Board met in an Adjourned Meeting at the Lansing Town Hall on November 5, 1987 at 8:00 P.M. with Supervisor Howell presiding. Meeting called to conduct: Public Hearing,s on Preliminary Budgets for the year 1988 and to consider and act on any other business that may come before said board. ROLL CALL Herbert Howell Supervisor Present Louis Emmick Councilman Present Louis Bush Councilman Absent Bert Hilliard Councilman Present Jeannine Kirby Councilwoman Present Bonita Boles Town Clerk Present Visitors: Deputy Town Clerk, Debbie Crandall, Jeffrey Cleveland, Andrew LaVigne, Jack Ettinger, Barbara Berry, John Steffen (Reporter from Q104 & WTKO radio stations) -;and Bob Lynch. The Supervisor called the meeting to order at 8 :00 P.M. having the clerk take the Roll Call. Proof of Notice having been furnished, the Supervisor advise the board that the Public. Hearing was now open on the Preliminary Budget for the year 1988, as called .J! i