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HomeMy WebLinkAbout1988-02-26ACCOUNT J Justice Fred Spry Justice Floyd Ferris continued February 20, 1988 BALANCE RECEIPTS DISBURSEMENTS 12/31/86 1987 1987 49634920 43,966.04 1,580.22 21,238.97 41,960.04 20,787.48 Unanimously carried On motion, meeting adjourned at the call of the Supervisor. PLEASE TAKE NOTICE that the I Town Board of the Town of Lansing will hold, a Public i Hearing at the Lansing Town Hall, Lansing, Tompkins Coun- ty, New York on March 10, 1988 at 7:30 P.M. to consider Local Law No. 1 of-the year 1988 entitled SOLID WASTE MANAGEMENT FACILITIES. Copy of said Local Law is available for inspection at the Lansing Town Clerk's Office, i 29 Auburn Road, . Lansing, i New York. Bonita Boles Lansing Town Clerk,' February 23, 1988 NOTICE NOTICE IS HEREBY GIVEN that the State Comptroller 'has.i caused an Examination to be made of the Accounts and Fis- cal Affairs of the Town of Lan- , sing, Tompkins County for the i period beginning January 1, 1986 and ending on December 31, 1986. The re art of such i examination has been filed in my office wherd it'is a public record, available for inspec- I tion by all interested persons. Bonita Boles Lansing Town Clerk February 23, 1988 February 26, 1988 BALANCE 12/31/87 6,390.20 2,031.71 n The Lansing Town Board met in an Adjourned Meeting at the Lansing Town Hall Board Room on February 26, 1988 at 9:00 A.M. ROLL CALL Jeannine Kirby Supervisor Present Louis Emmick Councilman Present Jeffrey Cleveland Councilman Present Bonita Boles Town Clerk Present The Supervisor called the meeting to order having the clerk take Roll Call. RESOLUTION offered by Mr. Cleveland, who moved its adoption, seconded by Mr.. Emmick: WHEREAS, Local Law # 1 - 1988, entitled " A Local Law Regulating Solid Waste Management Facilities" was introduced at a meeting of the Town Board held on Februa.ry 17, 1988; and WHEREAS, the Town Board is considering the adoption of said Local Law in order to regulate the manner in which solid waste is handled and disposed of in the Town and in order to regulate the manner in which solid waste management facilities are operated within the Town; and • WHEREAS, no other agency has the legal- authority or jurisdiction to approve or directly under take the adoption of a local law in this Town, such that there are no other involved agencies within the meaning of the New York State Environmental Quality Review Act (SEQR) with respect to the proposed adoption of said Local Law, with the result that the Town Board shall act as lead agency in this matter; and WHEREAS, the adoption of said Local Law is an unlisted action for purposes of environmental review under SEQR; and WHEREAS, the Town Board has determined that a short environmental assessemnt form (EAF) shall be required in connection with this matter, and WHEREAS, the'. said EAF has been prepared and has been reviewed by the Town Board; and WHEREAS, the Town Board has considered the adoption of said Local Law has considered the criteria contained in 6 N.Y.C.R.R. Part 617.11 and has compared the impacts which may be reasonably expected to result from the adoption of said Local Law against said criteria; and WHEREAS, the Town Board has also considered the potential and actual impacts and effects which various forms of solid waste has or may have on people and property within the Town and, in particular, the impact and effects which would result if there were no regulations in place to control the manner in which such solid waste is handled and disposed of in the Town; and has identified the lack of such regulations as a serious area of concern with respect to the environment in the Town; NOW, THEREFORE, on motion of Mr. Cleveland, seconded by Mr. Emmick, it is RESOLVED AND DETERMINED that the proposed adoption of Local Law #1 - 1988 will have an effect on the environment but that such effect will not be significant under SEAR; that, accordingly, and environmental impact statement shall not be required; and that this resolution shall constitute a negative declaration under SEQR; and it is further RESOLVED AND DETERMINED that the reasons for the foregoing declaration are as follows: The adoption of proposed Local Law #1 - 1988 will improve the environment in the Town by regulating the manner in which solid waste is handled and disposed of in the Town and, in particular, by regulating the manner in which solid waste management facilities will be managed and operated. Thus, the impact on the environment will be a positive one rather than adverse and therefore will not be "significant" under SEQR. No substantial adverse change in air quality, ground or surface water quality or quantity, traffic or noise levels will occur as a result of the adoption of the proposed local law. In fact, the regulations imposed by the proposed local law should maintain air quality by restricting the emission of smoke and odors emanating from solid waste management facilities and should protect ground and surface water by strictly controlling surface water run off from such facilities. The proposed local law also contains provisions regulating the use of motor vehicles for hauling solid waste and restricts the hours of operation of solid waste management facilities to the daytime when.noise .interfer- ence with neighboring properties will have a lesser impact. The proposed local law will not increase the production of solid waste in the Town. It may cause an increase in the levels of solid waste which are deposited in areas outside of the Town. The Town Board would expect the governing bodies.having jurisdiction over such areas to enact their own regulations, perhaps similar to the proposed local law, for handling solid waste within their jurisdictions. There will be no substantial increase in the potential for erosion, flooding, leaching or drainage problems as a result of the enactment of the proposed local law. Nor will there be any adverse affect on vegetation, fauna or wildlife. It is expected that enactment of the proposed local law and the implementation of its provisions will minimize erosion, flooding, leaching and drainage problems in and around solid waste management facilities and will have a very positive effect on wildlife. Adoption of the proposed local law will not attract large numbers of people to particular places within the Town but may, over a period of time, encourage people to move into and reside in the Town because of its improved environment. Adoption of the proposed local law will not create a material conflict with the community's current plans or goals. The Town Board believes the provisions contained in the proposed local law are consistent with solid waste management plans which have been developed by Tompkins County. Adoption of the proposed local law will not impair the character or quality of any historic, archaeological, architectural or aesthetic resource or of an existing community or neighborhood, and will not result in a major change in the use of either the quantity or type of energy. It is expected that enactment of the proposed local law will do much to protect farmland, a valuable resource, from possible temporary or permanent contamination which could result from unrestricted spreading of certain forms of solid waste. The provisions contained in the proposed local law should greatly reduce the likelihood of hazards to human health by strictly controlling the manner in which solid waste management facilities are operated. Of particular concern to the Town Board is the effect that unregulated disposition of solid waste may have on (1) surface and ground waters especially given the fact that so many people residing in the Town do not have a source of public water and (2) agricultural land and food crops given the fact that, according to some scientific experts, the spreading of some solid waste on the land or its use as a fertilizer could result in pathogenic organisms, heavy metals and other toxic substances being introduced into the food chain. Currently in the Town there is not wide spread use of land for solid waste management facilities including the use of agricultural land for the spreading of solid waste. The proposed local law will help preserve this status and will regulate the manner in which land within the Town is used in the future for the disposal or handling of solid waste., F An 11'IIIII' Lr\ IF In VIIRI L fYI nL rnH401040P J Ta. I I ITV WV HIV I, IfWIV I VV vy �yvVw II A DOES ACTION EXCEED ANY TYPE 1 THRESHOLD IN 0 NYCRR. PART 411 127 it yes. coordinate the review procsee and vile tht FULL U► yea rXI No / 9 WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 0 NYCRR, PART 017 07 If No, a negall.e dKleralbn may be supersodod by another invnNed agency L'; yes _W No C COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING (Answers may be handwritten, II Iegiblel CI Erlsling air quality, surface or groundwater quality of quantity, noise levels, exisling traffic patterns, solid waets production or dleposel, potential for erosion, drainage or flooding problems? Explain briefly: No, the proposed action is the adoption of a local law to regulate solid waste management facilities in the Town. Such action is expected to improve the en- vironment and not to result in any adverse effects thereto. C2 Aesthetic, agricultural. archaeological, historic, or other natural of cultural resources; or community or neighborhood character? Explain brbfly: No, see answer to C1 W. Vegetation or fauna, fish, shellfish or wildlife species, slgniflcanl habitats, or threatened or endangered species? Explain briefly: No, see answer to C1 CA. A community's existing plane or goals as officially adopted, or a change In use or Intensity of use of land or other natural resources? Explain No, see answer to C1 C5. Growth, subsequent development, or related activities likely to be Induced by the proposed action? Explain briefly. No, see answer to C1 C6. Long term, short term, cumulative, or other effects not identified in C1,C5? Explain briefly. No, see answer to C1 C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly. No, see answer to C1 D. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? ❑ Yes ® No If Yes, explain briefly PART I11— DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporling materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. ❑ Check this box if you have identified one or more potentially large or significant adverse Impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts, AND provide on attachments as necessary, the reasons supporting this determination: Town Board Town of Lansing Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in lead Agency 2 Title of Responsible of icer Signature of Preparer (of different frwn responsible o icer) z��4 87 Adoption of the proposed local law may create a demand for the disposition if solid waste in other municipalities. Again, it is the expectation of the Town Board that the governing authorities of such municipalities will adopt their own regulations to control the manner in which solid waste is handled and disposed of. The Town Board is cognizant of the provisions contained in Section 27 -0711 of the Environmental Conservation Law of the State of New York which would seem to encourage local governments to adopt legislation to regulate the disposition of solid waste and solid waste management facilities. In its consideration of the foregoing the Town Board has considered the long term, short term and cumulative affects of the adoption of the proposed local law including its subsequent implementation and enforcement and the affect it may have on all the residents of the Town and other communities. In so doing, the Town Board has assumed the local law will remain in affect indefinitely but will most likely be subject to later modifications and amendments as the Town Board becomes aware of issues with respect to application of the Local Law to various individuals and businesses and problems of enforcement and the like. Of particular concern to the Town Board are the long term and cumulative affects of repeatedly spreading municipal sludge on valuable farmland and the resulting • potentail build up of heavy metals and other substances known to be harmful to humans. Until more is known about the affect this will have on the health and safety of Town residents, such activities must be strictly regulated. Those persons desirous of operating solid waste management facilities in the Town will be required to comply with relatively strict requirements and will, as a result, incur some expense. Those persons desirous of bringing solid waste into the Town from sources outside of the Town will be prevented from doing so and will have to find other locations to deposit such solid waste. The resulting inconvenience and expense to those few persons, although regrettable, is necessary in order to promote the health, safety and enjoyment of the greater number of Town residents. The Town Board has also assessed the ability of the Town to regulate and monitor solid waste originating from sources outside of the Town. The Town is essentially rural in nature and does not have a large tax base. The Town Board has serious reservations as to the ability of the Town to direct its manpower and financial resources to regulate and monitor, not only solid waste which originates within the Town, but also solid waste which is brought into the Town from sources located outside of the Town. The question of the adoption of the foregoing resolution was duly put to a vote and Vote Vote Vote upon role of Town of Town of Town call, the vote was Board . (Aye) Board . (Aye) Board . (Aye) as follows: Jeffrey Cleveland, Councilman Louis Emmick, Councilman Jeannine Kirby, Supervisor The foregoing resolution was thereupon declared duly adopted DATED: February 26, 1988. RESOLUTION offered by Mr. Emmick who moved its adoption, seconded by Mr. Cleveland: RESOLVED that the Town of Lansing hereby agrees to pay 22.5% of the $24,000.00 billed to Tompkins County by the Costello, Cooney & Fear.on Law firm in regard to the Munson Farm's sludge proposal. Vote of Town Board . .(Aye) Jeffrey Cleveland, Councilman Vote of Town Board . .(Aye) Louis Emmick, Councilman Vote of Town Board . .(Aye) Jeannine Kirby, Supervisor RESOLUTION offered by Mr. Cleveland who moved its adoption, seconded by Mr. Emmick: • RESOLVED that Highway Superintendent, Howard Groat is hereby authorized to purchase one New 1988 10 Wheel Cab and Chassis from Genesee Truck Sales, 1280 Jefferson Road, Rochester, New York. Said amount of truck to be $52,137.22 without a trade in. Genesee Truck Sales was not the lowest bidder but lowest bidder did. not meet the specifications. Vote of Town Board . (Aye) Jeffrey Cleveland, Councilman Vote of Town Board . (Aye) Louis Emmick, Councilman Vote of Town Board . ('Aye) Jeannine Kirby, Supervisor RESOLUTION offered by Mr. Emmick who moved its adoption, seconded by Mr. Cleveland: RESOLVED, that the Town hereby amend the Resolution dated November 11, 1987 to read as follows: RESOLVED that the the Supervisor is hereby aurhorized to negotiate the the amount to be paid by the Town of Lansing for said Attorney and Engineer fees in the sludge issue not to exceed a total amount of $6,000.00. Vote of Town Board . .(Aye) Jeffrev Cleveland, Councilman Vote of Twon Board . .(Aye) Louis Emmick, Councilman Vote of Town Board . .(Ave) Jeannine Kirby, Supervisor On motion, meeting adjourned at the call of the Supervisor,���