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HomeMy WebLinkAbout2019-06-26 June 26, 2019 1 SPECIAL TOWN BOARD MEETING June 26, 2019 A Special Meeting of the Lansing Town Board was held at the Town of Lansing Annex (Community Center), 25 Auburn Road, Lansing, NY on the above date at 8:16 p.m. The meeting was called to order by the Supervisor, Edward LaVigne, and opened with the Pledge of Allegiance to the flag. Roll call by Deborah K. Munson, Town Clerk, showed the following to be PRESENT: Andra Benson, Councilperson Katrina Binkewicz, Councilperson Doug Dake, Councilperson Joseph Wetmore, Councilperson Edward LaVigne, Supervisor ABSENT: No one absent ALSO PRESENT: Guy Krogh, Town Counsel, Dan Veaner, Lansing Star, Ted Laux, Thomas Pudney, T. Torney, Sean Quinn, Diane Nangeroni, Sue Ruoff, Suzanne Hinderliter, Paul Southard, and a few other attendees. RESOLUTION URGING GOVERNOR CUOMO, THE NEW YORK POWER AUTHORITY (NYPA) AND THE EMPIRE STATE DEVELOPMENT CORPORATION (ESD) TO SUPPORT CAYUGA OPERATING COMPANY’S PROPOSAL TO DEACTIVATE THE COAL PLANT AND REPURPOSE TO $100 MILLION DATA CENTER USING RENEWABLE ENERGY RESOLUTION 19-106 RESOLUTION URGING GOVERNOR CUOMO, THE NEW YORK POWER AUTHORITY (NYPA) AND THE EMPIRE STATE DEVELOPMENT CORPORATION (ESD) TO SUPPORT CAYUGA OPERATING COMPANY’S PROPOSAL TO DEACTIVATE THE COAL PLANT AND REPURPOSE TO $100 MILLION DATA CENTER USING RENEWABLE ENERGY The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Cayuga Operating Company, LLC (Cayuga) a 306 MW coal-fired generating plant in Lansing, NY has proposed to retire the plant ahead of the Governor’s 2020 “no coal” deadline and repurpose the facility as a 100 MW data center using renewable energy; and WHEREAS, the plan to repurpose the 434-acre Cayuga plant is a component of the “Empire State Data Hub”, a $650 million capital investment plan which seeks to close the last two operating coal plants in New York State (the other being the 675 MW Somerset coal plant in Niagara County) by taking advantage of skilled local work forces and valuable on-site attributes that include existing electric infrastructure, expansive land, and a moderate climate critical to largescale data centers; and WHEREAS, The Empire State Data Hub would represent a significant economic boom for the Upstate economy, the Cayuga Operating Company, LLC estimates that they will be creating 600 Union construction jobs and 200 full time jobs in aggregate, with average salaries in the $40,000 to $60,000 range, while also creating a stable, increasing revenue model for local governments; and WHEREAS, the Cayuga campus of the Empire State Data Hub would represent a $100 Million investment, one of the largest capital investments in Tompkins County history, and would create 100 Union construction jobs, and the Cayuga Operating Company, LLC estimates that there will be 30-40 full-time employees; and June 26, 2019 2 WHEREAS, numerous members of the Lansing Community have voiced their concerns about various point of contamination on the site and their strong desires for permanent clean-up of all pollutants from the previous contamination from the power plant activity; and WHEREAS, the Cayuga Operating Company, LLC promises to fulfill its retirement obligations regarding plant deactivation and site restoration and will ensure that there is no runoff of heavy metals and other pollutants from the previous contamination from the power plant activity; and WHEREAS, the Cayuga Operating Company, LLC sees an opportunity to greatly increase the broadband capability for Lansing, and promises to work with the Town to explore ways to provide broadband service, especially to those in Lansing who cannot currently get it; and WHEREAS, the Cayuga Operating Company, LLC acknowledges its obligation to assist its current employees’ transition from their current employment to other employment including helping with job retraining opportunities and striving towards continuity of employment and benefits whenever possible; and WHEREAS, the Cayuga data center, which would focus on the growing demand for computational power necessary in the burgeoning businesses of artificial intelligence, machine learning and high-performance computing, also proposes a separate plan to construct a 20MW solar farm and make largescale energy storage part of the site’s future expansion; and WHEREAS, the Town of Lansing has taken a strong and unanimous position in support of this redevelopment plan; and WHEREAS, the Empire State Data Hub addresses Governor Cuomo’s call for a “Green New Deal” by recognizing the economic opportunity in an energy transition from fossil fuel to renewable energy and could serve as the blueprint for how states can transition retired coal sites without the need for new market structures or credits; and WHEREAS, the Data Hub proposal has been enthusiastically supported by a broad and unified coalition of key stakeholders in Tompkins County including environmentalists, unions, local elected officials, business leaders, and local school district officials; and WHEREAS, an application seeking 125 MWs of renewable energy is currently being considered by NYPA, as well as an application seeking economic assistance from Empire State Development corporation to transition the Cayuga site; and WHEREAS, a strong and unified position by the Town of Lansing in support of the company’s proposal will be critical to its success; now therefore be it RESOLVED, the Town of Lansing finds the Cayuga Operating Company’s proposal to deactivate the coal plant and convert the site into a large-scale data center powered by renewable energy will greatly benefit the economy and the environment of this region. RESOLVED, the Town of Lansing supports Governor Cuomo’s call for a “Green New Deal” including: investment in the Clean Tech Economy; investment solar, wind and energy storage projects; 100 Percent Clean Power by 2040. The Town sees this project as a major step in that direction. RESOLVED, further, the Empire State Data Hub plan also recognizes the economic opportunity inherent in this energy transition by seeking to shift from the old economy of coal to the new economy of high technology, and using renewable energy to power the new business. RESOLVED, further, the Town of Lansing urges NYPA to approve the Empire State Data Hub application seeking a 125 MW allocation of fair and reasonably priced renewable energy – representing an almost 8 to 1 MW shift from fossil to green energy. June 26, 2019 3 RESOLVED, further, the Town of Lansing urges ESD to approve the Empire State Data Hub’s application for $65 million in economic assistance as part of the overall $650 million capital investment to transition the site from an aging coal plant location to a modern large-scale Data Hub. RESOLVED, further, that a copy of this Resolution be sent to Governor Andrew Cuomo, NYPA President Gil Quiniones, NYPA Board of Trustees Chair John Koelmel, ESD Executive Director Howard Zemsky, State Senator Pamela Helming, State Senator Robert Ortt, Assemblywoman Barbara Lifton, Lansing Town Supervisor Ed LaVigne, Deputy Secretary for Energy and Environment Dale Bryk, Director of Policy John Maggiore. The question of the adoption of such proposed Resolution was duly motioned by Councilperson Andra Benson, duly seconded by Councilperson Doug Dake, and put to a roll call vote with the following results: Councilperson Andra Benson – Aye Councilperson Katrina Binkewicz – Aye Councilperson Doug Dake – Aye Councilperson Joseph Wetmore – Aye Supervisor Edward LaVigne – Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on June 26, 2019. RESOLUTION DECLARING PUBLIC EMERGENCY AT 25 SPERRY LANE, AUTHORZING IMMEDIATE REMOVAL OF UNSAFE BUILDING, AND REMEDIATION OF DANGEROUS SITE CONDITIONS SOIL STABILIZATION RESOLUTION 19-107 RESOLUTION DECLARING PUBLIC EMERGENCY AT 25 SPERRY LANE, AUTHORZING IMMEDIATE REMOVAL OF UNSAFE BUILDING, AND REMEDIATION OF DANGEROUS SITE CONDITIONS SOIL STABILIZATION The following Resolution was duly presented for consideration by the Town Board: WHEREAS, a fire event created a total loss for a building at 25 Sperry Lane, and after the fire the insurance company fenced the area for security and undertook a fire investigation, and it was reasonably expected that demolition of the building would occur under applicable insurance coverages or by the landowners, who may need or want to rebuild; and WHEREAS, the insurance company instead further demolished parts of the building and piled debris adjacent thereto, and then left the site and removed the safety fencing, leaving exposed material, insulation, parts, nails, sharp metals and other exposed edges, and an open foundation with a non-barricaded drop of over 8’ in some areas; and WHEREAS, the Town has for months tried to get the landowner to remove the building or remediate this danger, particularly as winter snow loading and spring winds have further collapsed and dilapidated this building, as well as spread debris through the neighborhood and provided a denning area for rats, insects, and other wildlife; and WHEREAS, many neighbors are complaining, and the passing of winter has created and enhanced the danger as neighborhood children are potentially or actually attracted to this traditional ‘attractive nuisance’; and WHEREAS, the Town’s Code Enforcement Officer issued Defective Conditions Notices and applicable orders to remedy the violations and dangers under the Town’s Unsafe Buildings Local Law, the Town’s Code Enforcement Local Law, and the NYS Building Codes/Property Maintenance Codes, duly providing to the landowner the right to contest and request a hearing at which such landowner could present evidence and be heard; and June 26, 2019 4 WHEREAS, the landowner elected not to contest, and the time by which the landowner must obtain a demolition permit and remove the dangerous structure expires in July, 2019, before the Town Board meeting; and WHEREAS, the CEO has examined the further collapse of the building since April, the spreading of debris, and submitted evidence and photos of the extreme danger existing at such site, including to the public health and welfare, and it appearing to the satisfaction of the Town Board in its legislative discretion that a true emergency has arisen, and that this building needs to be immediately demolished, the debris removed, and the ground filled and stabilized, and WHEREAS, upon due deliberation thereupon at this meeting, and at the regular meeting of the Town Board held upon June 19, 2019, the Town Board has duly DECLARED and RESOLVED as follows: 1. A public emergency exists and is declared in relation to land at 25 Sperry Lane (TPN 26.-3-28). 2. The Code Enforcement Officer be and hereby is ordered and directed t o remove such structure and debris, remediate such danger, and stabilize the site immediately, and as soon as is legally practical and possible. 3. All other employees and officers of the Town of Lansing, be and hereby are directed to provide any needed support or assistance in the remediation of this public nuisance and dangerous emergency condition, as well as with the demolition and removal of this building and addressing and removing this emergency. 4. This emergency is declared and specifically classified as among the types of emergencies as are referred to in General Municipal Law § 104(4), and public bidding shall not be mandated for the demolition bids necessary for remediating this danger, but the Code Enforcement Officer shall still exercise reasonable diligence and judgment in collecting bids and complying with the Town’s general procurement policies for such services, and shall further assure proper compliance with applicable NYS public works/prevailing wage rules. The question of the adoption of such proposed Resolution was duly motioned by Councilperson Joseph Wetmore, duly seconded by Councilperson Andra Benson, and put to a roll call vote with the following results: Councilperson Andra Benson – Aye Councilperson Katrina Binkewicz – Aye Councilperson Doug Dake – Aye Councilperson Joseph Wetmore – Aye Supervisor Edward LaVigne – Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on June 26, 2019. ADJOURN MEETING Meeting adjourned at the call of the Supervisor at 8:37 p.m. Minutes taken and executed by the Town Clerk. Respectfully submitted, Deborah K. Munson Town Clerk