HomeMy WebLinkAbout1974-07-23We, the 'undersigned members of the Town Board of the Town of
Lansing, hereby waive notice of a Special Meeting to be held
July 239 1974 at 5 P.M. for the purpose of approving a Change Order
for the construction of docks at the Lansing Park Marina and any other
business that may come befo:
1
July 23, 1974
The Lansing Town Board held a Special Meeting on July 2391974 at 5.P.M. With
Supervisor McDermott presiding. Said meeting called 'for the purpose of approving
a Change Order for the construction of docks at the Lansing Park Marina and any
other business that may come before said board.
Wesley McDermott
Louis Bush
Edward LaVigne
Bert Hilliard
Lee Naegely
Jane Bush
Supervisor
Present
Councilman
Absent'.,
Councilman
Present
Councilman
Present
Councilman
Present
Clerk
Present
The Supervisor called the meeting to order at 5 P.M.
A Change Order for the construction of docks at the Lansing Park Marina was
discussed by the board. Following resolution then offered.
RESOLUTION offered by Mr. LaVigne:
RESOLVED, that Job Change Order #2 in the contract between the Town of
Lansing and C.E. Smith Marine Construction & Salvage Co.,'be approved to change
bid specifications relating to the construction of eight docks, to.the extent
that fifteen pilings were driven to refusal which necessitated cutting off
approximately five feet of the piling.
Seconded by Mr. Hilliard. Carried
The Board Members discussed the intent of the Agreement between the Town
of Lansing on behalf of Sever District #4 and Martin Catherwood, Karl D. Butler.
and Mollie Be Butler, said Agreement dated July 189 1974. Following resolution
offered:
RESOLUTION,offered by Mr. LaVigne:
BE IT RESOLVED, that the Supervisor be and is hereby directed to forward
the following letter to Martin P. Catherwood and Dr. & Mrs. Karl D. Butler:
Re. Proposed Sever District No. 4 /Agreement with Town of Lansing
This letter is in response to inquiries by your attorney regarding the underlying
intent of the proposed agreement between you and the Town of Lansing relating to
Sever District No. 4. Hopefully, the following explanation will alleviate any
concern on your part and avoid any possibility of the intent of the agreement
being misconstrued in the future.
10 It is my understanding that the. Order permitting the formation of Sever
District No. 4 and the incorporated Agreement would not create any affirmative
obligation to construct any sever within the proposed district. I believe
this would be consistent both with the Agreement and Town Law.
2. Any sever district formed or extended which would create the necessity of
dissolution of Sever District No. 4 would necessarily geographically include
the area served by Sever District No. 4. As you know, all of our discussion
relating to the formation of Sever District No. 4 and its eventual dissolution
have centered around the hope that Sever District No. 3 will soon be a reality
and will cover all or most of the unsevered portion of the balance of County
Sever District No. 1, including the area to be served by Sewer District No. 4.
Furthermore, proposed Sever District No. 3 has been viewed throughout as a
benefit district and not a maintenance district.
30 With regard to the phrase "and hereby waives all right re: dissolution of
district" contained in paragraph 4 of the. proposed Agreement, it was in no way
intended to constitute a waiver of any payment in the event that it becomes
necessary to condemn. I believe this intent is more specifically spelled out
in paragraph 6 of the proposed Agreement.
4. In the event that you elect to'construct a sever within the proposed district,
and the Town continues to go forward with plans to create the "larger" Sewer
District No. 3, you would not be deprived the use of your district until such
time as the Town is in a position to provide the physical means to transport
your sewerage via some other district. It is certainly our intent that, should
Sever District No. 4 become operational, its dissolution pursuant to the pro -
visions of the contract would not become effective until we are able to vrovide
