Archive: Around Town

The Lansing Community Library building is leased from the Town for $1 per year.  But an eviction provision in the lease has made it impossible for the Library to obtain state grants for capital projects.  Wednesday the Town Board considered Town Attorney Guy Krogh's idea to give the building to the Library.

"I've never liked this lease.  It's problematic for both parties," Krogh said.  "It's dancing on the edge of a legal razor.  I'm not sure that's the best way for the Town to be handling that and I know it's not the best way for the Library to be dealing with their facility.  Maybe it's time to recognize the reality of the situation and find a solution that helps both sides."

The problem with the lease is a provision that says the Town can evict its tenant in 180 days.  Krogh says the State Comptroller's Office says that is too long because municipalities should be able to evict a tenant quickly when a public use is found for a building the Town owns.  But the eviction clause also prevents the Library from obtaining state grants to improve the building.

The building was originally a school, and served for years as the Lansing Town Hall.  It was scheduled for demolition when volunteers asked to use it for a library.  They raised money to renovate the building in 2005, and began an addition and a major renovation in late 2006 paid for by donations and fund raisers.  The $385,000 renovation was completed in early 2007.

Councilwoman Andra Benson said the current Library charter is provisional.  She said that the lease is an obstacle to getting its permanent charter, as well as grants for capital improvements

"There is a clause in the lease that says the Town can ask the Library to leave in 180 days," she explained.  "The State really dislikes that and says they will not give the Library any grants unless they get that out of there because it's too short a period.  They said the Library needs a lease that guarantees they can be in the building for at least five years before they will award a grant for capital improvements."

She said it would be a way of appreciating the work and fundraising that transformed the library from a building that was scheduled to be demolished to a beautiful public facility.

Krogh said he believes the Town has the authority to make a gift to another public authority by local law.  The library is a chartered separate public taxing authority supported by residents within the school district boundaries.  Krogh said it would have to be a legislative decision based on whether the board thinks it is fiscally and politically prudent.  He said it is a balance between money and community culture, health, and education.


"The Town's never going to take the library away," he said.  "It's never going to remove that building.  It's never going to destroy that building or evict the library.  Why don't we solve all these problems by transferring the title to the library so that they can get their grant money, so they have a permanent site.  If they outgrow it and move to a larger facility we'll just have a 'right of reversion' that says it will go back to the town.  If you were going to spend something on what is in the public interest it would be harder to find something more significant than a library."

He noted that some residents might object to the gift because the town taxing district boundaries are not identical to the school district.  But he said that the two districts largely overlap, and said there is fair value in the idea that can be recognized.  He said that an actual sale would mean more taxes for largely the same taxpayers, making a gift make more sense.  Board members said they were in favor of the idea, but there was discussion about getting voter input before simply giving the building away.

"I can remember it being a fairly large topic in the Town," said Councilman Robert Cree.  "There were people for it and people against it.  There were people out there who had something to say the first time, and they might have more to say about a town asset being given away.  I would hate to just arbitrarily do it without hearing from the public again."

Supervisor Kathy Miller said the issue has more to do with the technicalities of the lease than anything else

"We're not going to kick them out," she said.  "In fact this would be advantageous to the Town because if you can apply for more grants and get them taxes won't go up.  It's kind of a no-brainer.  My feeling is that if anybody were against it, it would just be sour grapes.  Because there is no downside to it.  We're not going to take it away from them and use it ourselves."

Miller asked the board for permission to have Krogh explore whether the Town can give the building to the Library and details on how it would have to happen.  All board members agreed.

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