Schuyler County joins opposition to Romulus incinerator project

Schuyler County is the latest local government to oppose the proposed “Circular enerG” garbage incinerator project at the former Seneca Army Depot in Romulus, Seneca County, New York.

Citing environmental concerns, negative effects on agriculture and tourism, and local opposition from the Town of Romulus and County of Seneca, the Schuyler County Legislature voted Monday (June 11) against the project, which would be the state’s largest trash incinerator.  The vote was unanimous.

“The wine, craft beverage, agriculture, and agri-tourism industry is driving job creation and economic growth in the Finger Lakes,” the legislature held, further noting that, “trash incineration is not compatible with current or future economic development goals of the region, nor with New York State’s renewable energy standard.”    Therefore, the resolution says, state and federal officials should reject the project.

In a separate vote, the legislature unanimously resolved to support legislation introduced by Senator Tom O’Mara, Senator Pam Helming, Assembly Minority Leader Brian Kolb, and Assemblymen Phil Palmesano and Michael Cusick, that would help block the facility.   That legislation would prevent power projects that burn garbage from receiving expedited permitting through the “Article X” process. Instead, those projects would be required to conform with local laws, applicable environmental rules, and the state solid waste management permitting process.

Both resolutions were submitted to the legislature by the County’s Planning Department (Kristin VanHorn, Director), with assistance from the County Administrator (Tim O’Hearn), the Schuyler County Attorney (Steven Getman), the Clerk of the Legislature (Stacy Husted) and the County’s Community Development and Natural Resource Committee.  The motions to pass each were made by legislator Mark Rondinaro (Town of Reading) and seconded by legislator Van Harp (Town of Hector).

Romulus Town Supervisor, David Kaiser, an opponent of the project, praised Schuyler County officials.

“I want to personally thank the Chair of the Schuyler County Legislature, Dennis Fagan, and his fellow county officials who worked to pass these resolutions,” Kaiser said.  “If this incinerator project is approved, it will have a devastating impact on Romulus and the Finger Lakes region. Allowing a giant trash incinerator disguised as a power plant to move forward over local opposition is unfair to our residents and existing businesses.”

The Circular enerG facility would require the daily delivery of more than 1,000 tons of trash to the site, primarily from New York City, and withdraw 445,000 gallons of water daily from Seneca Lake.   News reports indicate that a 260-foot smoke stack will emit chemicals that may be harmful to human health, and that the facility will be located near the Romulus Central School and the Hillside Children’s Center. 

After the project met strong opposition from the community, the company asked for “Article X” approval from the state's Public Service Commission rather than the Town of Romulus in an attempt to bypass local review.   Circular enerG also sued the town in a bid to overturn recent local zoning decisions blocking its construction.

Schuyler County joins county legislatures in Seneca, Tompkins, Yates and Ontario as well as the town boards of Romulus, Geneva, Lodi, Ovid, Seneca Falls, Varick and others in opposing the project.

The text of each Schuyler County  resolution is available here.

Resolutions of the Schuyler County Legislature: Opposing Proposed Garbage Incinerator, Seneca County, New Y... by Steven Getman on Scribd

Seneca County Town Prevails in Tax Assessment Lawsuit

Seneca Daily News:

The Town of Romulus has defeated a lawsuit by a local corporation that sought to reduce from nearly $300,000 total to zero the taxable value of several private properties that the corporation owns.

On Tuesday (May 19), Romulus Town attorney Steven Getman asked the court to dismiss the case. Arguing for dismissal, Getman stated that the law required Lakeshore Landing to submit appraisals or other factual data to show that the assessments were excessive. In this case, Getman said, the association had failed to do so. Furthermore, Getman noted, various legal factors demonstrated that the properties had a value to Lakeshore Landing, including its right to borrow against the properties or sell them outright.

Romulus Town Supervisor David Kaiser said he was pleased with the court’s decision, noting that, if Lakeshore Landing had succeeded, the town’s other taxpayers would have been required to make up the lost revenue.

More here.

Town of Romulus considers local law to appoint highway superintendent

The Town Board of the Town of Romulus will hold a public hearing on the following proposed Local Law at the Town Office Building, 1435 Prospect Street, Willard, New York 14588 at 7:30 p.m. on the 17 day of June, 2015: Proposed Local Law No. A Of The Year 2015: “A local law to eliminate the elected position of Superintendent of Highways and replace it with an appointed position of Superintendent of Highways.”

If passed, this local law shall be subject to mandatory referendum at the next regularly scheduled General Election on November 3, 2015.

The complete text of the proposed local law is available from the Office of the Town Clerk, Town of Romulus, 1435 Prospect Street, Willard, New York 14588, during normal business hours and at the town’s website.

Romulus adopts revised zoning law

Following a public hearing, the Town Board of the Town of Romulus, at the Town Office Building, 1435 Prospect Street, Willard, New York 14588 AT 7:30 p.m. on the 20 day of May, 2015, did duly adopt: Local Law 1 of the Year 2015, “A local law to amend the Zoning Ordinance for the Town of Romulus, Seneca County, New York.”

1. The purpose of this local law is to amend the Zoning Ordinance for the Town of Romulus, Seneca County, New York, to better reflect existing and proposed uses of land upon the portions of the former Seneca Army Depot that are located within the Town of Romulus.

2. Zoning text and map changes: Portions of the existing Energy Development district (3,186 acres) proposed to be rezoned to a new Warehouse, Industrial, Transportation, Energy (WITE) district; 342 acres proposed to be rezoned to Agricultural, which permits residences and other uses. Zoning text changes include new and modified definitions and special use permit criteria for uses permitted in the new WITE zoning district and in the existing zoning districts within the Depot (IW [Industrial Warehouse] and IG [Institutional Governmental].) An Environmental Restrictions Overlay District delineates a portion of the former Depot where land uses are restricted as a condition of completed environmental remediation. The Environmental Restrictions Overlay District coincides with the boundaries of the existing Industrial/ Warehouse District.

3. This Local Law shall become effective upon filing with the Secretary of State of the State of New York, as required by the Municipal Home Rule Law. This law supersedes the Town of Romulus Land Use Ordinance, adopted 12/20/06 as amended from time to time.

The complete text of the adopted local law is available from the Office of the Town Clerk, Town of Romulus, 1435 Prospect Street, Willard, New York 14588, during normal business hours and at the town’s website.

Public Hearing: Romulus Town Rezoning

A public hearing will be held before the Town Board of the Town of Romulus, New York, at the Town Office Building, 1435 Prospect Street, Willard, New York 14588 at 7:30 p.m. on the 20 day of May, 2015, concerning the following proposed local law: Proposed Local Law No. B of the Year 2015, “A local law to amend the Zoning Ordinance for the Town of Romulus, Seneca County, New York.”

The purpose of this local law is to amend the Zoning Ordinance for the Town of Romulus, Seneca County, New York, to better reflect existing and proposed uses of land upon the portions of the former Seneca Army Depot that are located within the Town of Romulus.

The complete text of the proposed local law is available from the Office of the Town Clerk, Town of Romulus, 1435 Prospect Street, Willard, New York 14588, during normal business hours and at the town’s website.

At the public hearing, all interested persons will be given an opportunity to be heard.

Seneca County town wins over $200,000 against business for unpaid loans

Seneca Daily News:

A Geneva business and two Yates County businessmen have been found liable to the Town of Romulus for over $200,000.00 in unpaid community development funds.

On Tuesday (August 12), Acting Supreme Court Justice Dennis Bender granted a motion by the Romulus town attorney, Steven Getman, and directed summary judgment against Top Quality Hay Processers, Jeffrey Warren and Charles Long, for failure to repay a 2008 loan.

According to the town’s complaint, the loan was intended for Top Quality Hay Processors to create jobs at the former Seneca Army Depot, located in the Town of Romulus. As principals in the business, Warren and Long agreed to personally guarantee the loan, the court papers said.

However, the complaint alleged, the loan was not repaid and in 2012, the building housing Top Quality Hay Processors was condemned by Seneca County Code Enforcement.

Shortly thereafter, town supervisor David Kaiser and the town board directed Getman to commence a lawsuit to recover the money.

The money was from the state government through the Small Cities Community Development Block Grant Program (“CDBG”), the complaint said...

At Tuesday’s court appearance, Bender found for the town and directed the three defendants to repay the $200.000.00, together with costs, interest and attorneys’ fees.

The town has estimated the total amount due the town at approximately $217,000.00 plus additional interest...

The defendants have approximately thirty days to appeal. After that, if the judgment is not repaid, the town will begin collection effort...Those efforts may include seizing property, garnishing wages and other measures...

Town of Romulus continues reviewing legal options for sidewalks

Ithaca Times:

Addressing the issue of sidewalks in the Town of Romulus, [Town Supervisor David] Kaiser reported that the previous administration accepted the roads.

"Unknown to us until the properties were researched recently, the properties at Lakeshore Landing were surveyed to the sidewalks rather than to the center of the road. Our attorney, Steven Getman, researched NYS law on roads and sidewalks as a result of a complaint from at least one resident that the town should remediate the problem created by a tree causing a sidewalk to rise.”

Getman presented his findings.

"The issue: one resident has a tree which is causing certain liabilities for the town and argues that the town should undertake responsibility for the repair of the sidewalks in the interest of public safety. The resident opposes the removal of sidewalks and/or trees. Other residents may or may not have conflicting viewpoints. What are the responsibilities of the town with regard to sidewalks and trees?"

Getman said generally, the care of sidewalks and trees is imposed upon the Highway Superintendent. It is his duty to remove broken sidewalks and overhanging branches and trees which prove to be dangerous. However, the town does not have to assume responsibility if there is an injury as borne out by referenced law. If the town wishes to completely give up being in the tree and sidewalk business, they could tear out the trees and the sidewalks or have the residents establish side walk districts at which time the residents would be completely responsible. The town board can pass a local law establishing policy that the homeowner is responsible for the maintenance of his sidewalk as well as its liability.

A lively discussion ensued. It was most commonly felt that the town should remove the offending trees. The Town Highway Department has already yellow-marked damaged sidewalks. It was felt that the offending sidewalk sections should be removed, with responsibility for that sidewalk to be turned over to the home owner.