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The Lansing Board of Education voted Monday to place a resolution on its May ballot to abolish the Lansing Community Library as a publicly funded library, according to the Lansing Star Online.  This will be the third vote in a seesaw tug of war between proponents and opponents led by local resident Dan Pace.

After falling short by only 32 votes to establish a public library in May of 2007, supporters called for a new vote that December, which they won by 65.  On April 13 Pace submitted a new petition with 73 signatures to dissolve the library to replace an improperly worded one that was rejected earlier this year.  "We could be in a never ending loop here," noted school board member David Dittman.

The proposition, which will be included on the May 19th school ballot, reads, "RESOLVED, Shall the Lansing Community Library Center be abolished as a Public Library under the Lansing Central School District, and all funding of said library through taxation of taxable property of said School District be terminated?"

When he began the current round Pace told the school board he does not aim to dissolve the library, but simply wants it off of the tax roles.  He said he supports a volunteer-run library.  But New York State Education Law says that if the resolution to dissolve the library passes its assets are forfeit.

The law reads, "The court shall direct the sale of sufficient designated assets to pay any outstanding debts and the cost of dissolution. The regents and the board of trustees may present to the court their recommendation as to the disposition of the remaining property of the corporation if there be library books, objects of art or of historical significance, as far as possible they shall not be sold but shall be transferred to libraries, museums or educational institutions willing to accept them. If a charter contains a provision indicating a proposed disposition of the assets in case of dissolution, such provision shall be followed by the court in its order as far as practicable. If there be any surplus moneys after payment of debts and the expenses of liquidation, the court may direct that the same be devoted and applied to any such educational, religious, benevolent, charitable or other objects or purposes as the said trustees may indicate by their petition and the said court may approve."

A petition Pace brought the board earlier this year was rejected because the form and wording were not in accordance with education law.  But Pace's group brought a second petition to the board that was accepted before the deadline last week.  Superintendent Stephen Grimm says that the board has no choice but to bring any properly submitted proposition to the voters.

Dittman asked about still another Pace petition that was rejected soon after the library was passed.  He said it was properly worded but he thought the then school board had illegally rejected it.  "The public is watching this, and I'm trying to figure out what's going on," he said.  "I'm sure some people that watched all these meetings are trying to figure out what's going on."

But Grimm said the State Commissioner of Education ruled that it was too early for a vote at that time and that the school board had properly rejected that petition.  He also noted the Commissioner was vague about exactly how short a time between votes is too short.  "It was the timeliness of it," he explained, "that it was submitted so quickly after the vote.  The question was how long would someone have to wait to have it voted on again?"

In 2008 the library tax rate was the smallest tax Lansing property owners had to pay, at 0.125599 per thousand dollars of assessed value.  That compares to 17.7634 school tax, and this year's 1.797837 Town tax, 5.942293 County Tax, and 0.990000 Lansing Fire District tax.

"I just want to make sure I understand what my duty is," said David Dittman.  "My duty is not to vote to allow a vote for or against the library.  My duty is to make sure that the proposition that is going to be put on the ballot is a legal proposition that is worded properly."

Grimm agreed, noting that any citizen can bring a petition to the board, and if the proposition meets state criteria it must be put on the ballot.  "This is not a legal requirement that we accept the proposition," Grimm said.  "It just has to be submitted to us in proper form.  It is a proposition that is in the power of the voters.  I'm simply bringing it (to the school board) so that we can enter it into the official historical record.  It was properly submitted, on time, and it will appear on the ballot."

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