A VILLAGE Of Lancaster "Dumping" Concern?

[mark blazejewski]

Just My Understandings and Opinions:

Throughout much of 2021, many concerns were expressed by residents regarding what might be termed "inappropriate" usage of town properties by private businesses. Those concerns primarily dealt with the dumping of unknown debris types by unknown businesses.

References:


https://www.lancasterbee.com/articles/town-discusses-private-companies-dumping-debris/


https://www.lancasterbee.com/articles/board-votes-to-grind-remove-brush-from-town-dump/


The publication of the town's issue seemed to have had the effect of raising the level of concern of many Village of Lancaster residents regarding the usage of the public VOL property on Court Street.


Concurrently with the town issue, I understood that a number of Erie Street, Court Street, and Pleasant Avenue residents, suggested that they witnessed trucks, purportedly clearly marked as belonging to private corporations, dumping debris on the VOL's Court Street property. Some related that the debris appeared to include mud and cattails; a strong indication that the debris could be sourced to unidentified excavation sites.


Given the close proximity of the VOL property to Plum Bottom Creek and Court Street Elementary School, some residents expressed concerns that this debris, being unsourced and untested, may constitute a threat to the healthy and safety of the population in general, and the student and staff participants at Court Street Elementary School, in particular.


So troubling were those expressed concerns that on July 9, 2021, I decided to gather some information regarding the Village Property, and any possible rules, regulations, protocols, and guidelines attendant to its usage.

Accordingly, I filed the following FOIL Request with the Lancaster Village Clerk:

This request concerns the usage of the property with the entrance designation SBL 104.76-2-1, located on Court Street, Lancaster, New York.


This request includes, but is not limited to, any Village of Lancaster Board Resolution, Ordinance, or similar document, by whatever name referred, which:


(1) Establishes guidelines, functions, restrictions, permissions, and limitations which govern the usage of the above-referred property.


(2) Which designates any Village of Lancaster official or other agent as the supervising governing authority of that same parcel.


I am also requesting:


(1) A true and complete copy of any memorandum or document specified in (2) above.


(2) Any document executed by the Village of Lancaster supervising and governing authority between with any private company, corporation, or other business entity which permits the private actor access to and the use of, the property specified herein.


(3) Any municipal agreement(s) granting usage of SBL 104.76 2-1,entered into between the Village of Lancaster and the Town of Lancaster, the Lancaster Central School District, the component municipalities covered under the Lancaster Central School District, the Village of Depew, New York, the Depew Union Free School District and each and every agent acting on behalf of the government subdivisions specified in (4) herein.


(4) Any memorandum, email, or other written communications by and between the designated governing Village of Lancaster authority and any Highway Superintendent, Department of Public Works Superintendent, school district official, or any other authorized agent by the governmental subdivisions and departments specified in (3) above, specifically concerning the usage of parcel SBL 104.76-2-1


(5) Any Village of Lancaster record or log, by whatever name referred, which documents the usage of parcel SBL 104.76-2-1 by the entities and actors specified in (3) and (4)above.


Pursuant to the New York State Public Officers Law, I hereby offer to pay any and all fees prescribed by statute.

To that request, I received this response:

Dear Mr. Blazejewski –

I have received your request for information pertaining to property owned by the Village of Lancaster on Court Street designated by SBL# 104.76-2-1.

Following a search of records, including records searched by the Superintendent of Public Works at the DPW offices, I did not find any records matching your request in accordance with the provisions of the Freedom of Information Law. I was also advised that you may want to review Section 283-8 “Dumping Restrictions” of the Village Code which may provide some information related to portions of your inquiry. You can find this Code section at the following link…

https://ecode360.com/27239172

Please do not hesitate to contact me with any questions.

Very truly yours,

Michael E. Stegmeier, CMC
Clerk & Treasurer
Village of Lancaster
5423 Broadway
Lancaster, NY 14086
(716) 683-2105 ext. 203
(716) 684-4830 (fax)

Thumbnail, based on that response and other information, I have gleaned the following:


(1) It seems to me that the DPW Superintendent currently holds near-exclusive control over Village of Lancaster dumping sites:

"§ 283-8Dumping restrictions.
No ashes, vegetables, garbage, cinders, shells, straw, shavings, paper, dirt, filth, broken glassware, crockery, bottles or rubbish or refuse of any kind whatever shall be carted to, dumped or deposited upon any property of the Village, except under the supervision and direction of the Superintendent of Public Works of the Village."

Reference: https://ecode360.com/27239146

As I further understand the FOIL response, it would appear that the DPW Superintendent does not possess, nor would it seem that it would be required to generate and maintain, any record whatsoever of "any private company, corporation, or other business entity which permits the private actor access to and the use of, the property..."

Furthermore, I understand that the DPW Superintendent does not possess, nor would it seem that it would be required to generate and maintain, any record or log which documents the usage of the Court Street property.


If such dumping allegations regarding private actors are true, absent any such documents, would it not seem highly unlikely that a determination can be made as to the source of the debris?


Equally, if there is no record of any possible private actors and attendant source(s) of any such debris deposits, would it not seem unlikely that any testing was undertaken to assess the safety of the debris?


I believe that the safety of the students and staff at the Court Street Elementary School, as well as the general residential population, must be of urgent concern.


COMMENT:

I not only urge that the Village of Lancaster Board explore any and all such allegations, but in any event, consider what steps may be taken to ensure the full future sourcing, and when necessary, the testing, of such materials.

I also urge that VOL Board consider additional oversight regarding the more general issue of usage of VOL properties.