HomeMy WebLinkAbout2007-05-04105
May 4, 2007
The Lansing Town Board met for a work session on May 4th at 8:15 a.m.
with Supervisor Farkas presiding.
The Supervisor called the meeting to order and took the Roll Call.
Stephen Farkas
Marty Christopher
Matt Besemer
Bud Shattuck
Connie Wilcox
Bonny Boles
Guy Krogh
VISITORS: None
ROLL CALL
Supervisor Present
Councilperson Present
Councilperson Present
Councilperson Present
Councilperson Present
Town Clerk Absent
Town Attorney Present
Map, Plan and Report for Proposed Drainage District N. 3:
RESOLUTION 07 -94
RESOLUTION APPROVING FINAL MAP, PLAN AND REPORT, DECLARING
PUBLIC INTEREST, ADOPTING ORDER, AND SCHEDULING PUBLIC
HEARING RE FORMATION OF DRAINAGE DISTRICT #3 (COTTONWOOD
SUBDIVISION)
At a Regular Meeting of the Town Board of the Town of Lansing held in and for
the Town of Lansing at the Lansing Town Hall on 4th day of May, 2007, the
following members being present: Stephen Farkas, Supervisor; Francis Shattuck,
Councilperson; Connie Wilcox, Councilperson; and Martin Christopher,
Councilperson; and Matthew Besemer, Councilperson, having recused himself
and not having participated in discussion or voting hereupon; and the following
members being absent: none; and the following motion for a Resolution was duly
made by motion of Martin Christopher, and was duly seconded by Francis
Shattuck; and the vote was as follows: Stephen Farkas - aye; Francis Shattuck —
aye; Connie Wilcox — aye; Martin Christopher — aye; and the following Resolution
therefore passed 4 -0, and was duly adopted:
WHEREAS, the Town's Stormwater Local Law requires the Town to plan for the
future maintenance of drainage and stormwater facilities; and
WHEREAS, the Right of Way and Easement proposed to be granted by the
developer specifically provides for re- dedication to any future Drainage District
formed by the Town; and
WHEREAS, the Developer of the Cottonwood Subdivision having petitioned for the
creation of a Drainage District, herein Drainage District #3, and the Lansing Town
Board having received input and assent to proceeding by the proposed affected
property owners for the establishment of proposed Drainage District #3, and it
appears that the request is in compliance with required Town procedures; and
WHEREAS, the Lansing Town Board having previously determined that a
drainage district was needed for the Cottonwood Subdivision, and had previously
authorized the preparation of a map, plan and report ( "MPR ") by Resolution 07-
86 (April 18, 2007), and no request for a referendum being filed or required, as
the Developer has by contract agreed to pay the expenses of the MPR in the
event Drainage District is not formed, and the Town Board having reviewed and
accepted the MPR as final; and
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WHEREAS, the creation of a Drainage District is deemed to be in the public
interest, and in the interest of the affected property owners proposed to be
included in such district, and the Town Board had previously declared and
described the boundaries of the proposed district include all properties defined,
drawn and described in the MPR, determined that no improvements were
proposed as they have all been already installed by (or will be paid by) the
Developer, and the Town Board having determined that the costs to a typical
property include no construction or financing costs, and only include operation
and maintenance costs for the maintenance of the improvements already
existing, with such first year annual costs estimated to be $21.00, and ordered a
copy of the MPR to be filed at the Town Clerk's Office in accord with law, and
determined that all properties included were benefited and that the district was in
the public interest; and
WHEREAS, the Town desires to proceed towards establishment of Drainage
District #3 pursuant to the provisions of Town Law Article 12 -A; and finds that all
proceedings to date have been in compliance therewith; and
WHEREAS, upon due deliberation upon the foregoing and the public interests to
be served and the properties to be benefited thereby, the Town Board of the
Town of Lansing has hereby
RESOLVED AND DETERMINED, that the final Map, Plan and Report comply
with the requirements of the Town Law, and are hereby approved and adopted
as final as if the same were fully set forth herein, particularly as to the
descriptions and expenses set forth therein for the boundaries and first year's
expenses for the proposed district; and it is further
RESOLVED AND DETERMINED, that it is in the public interest and to the benefit
of all parcels in the proposed district to establish the Town of Lansing Drainage
District #3; and it is further
RESOLVED AND DETERMINED, that all benefited parcels are included within
such district; and it is further
RESOLVED, that a Public Hearing be and hereby is set for 6:20 p.m. upon May
16, 2007 at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, and to
thereat hear all persons interested in the subject thereof, and to take such action
thereon as is required or permitted by law; and it is further
RESOLVED, that the Town Board hereby adopts an Order pursuant to Town Law
§209 -d as follows:
(1) The boundaries of the proposed district are inclusive of the following
tax parcel number, and the assessment map and property descriptions
therefor, as are on file with the Tompkins County Clerk's Office, are
expressly incorporated herein: 35. -3- 13.12; all as shown on the Map
on file at the Town Clerk's Office, to which reference is hereby made
and which map is expressly herein incorporated;
(2) The proposed improvements consist of stormwater facilities and
drains, all of which are set forth upon the Cottonwood Subdivision Plat,
which is expressly herein incorporated herein as now exists or as
hereafter amended; all costs of installation will be paid for by the
Developer pursuant to the Town's Stormwater Local Law and
NYSDEC GP- 02 -01, The Town's maintenance responsibilities are set
forth in such Local Law and include inspections, sediment and debris
removal, vegetation management, animal and nuisance management;
erosion control; and structural repairs;
(3) The estimated cost of the proposed improvements is $0.00, which is
the maximum amount proposed to be expended;
(4) There is no hook -up cost for the drainage district;
(5) There is no financing needed for this project,
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(6) The Map, Plan and Report are on file for public review and inspection
at the Office of the Town Clerk;
(7) A public hearing upon such proposed district will be held at 6:20 p.m.
upon May 16, 2007 at the Lansing Town Hall, 29 Auburn Road,
Lansing, New York, and to thereat hear all persons interested in the
subject thereof, and to take such action thereon as is required or
permitted by law; and
(8) The Map, Plan and Report describes in detail how the financing, hook-
up costs, and other costs and expenses, were estimated and
computed, including the first year's estimated average maintenance
cost of $138.42 (with actual costs varying per parcel size, from a low of
$129.38 to a high of $132.21); such costs are proposed to be paid
through special benefit assessments for the benefited parcels of the
proposed district, to be collected with the annual Town and County tax
bill,
and it is further
RESOLVED, that the Town Clerk of the Town of Lansing, Tompkins County, New
York, is hereby authorized and directed to cause a copy of this Resolution and
Order to be published in the
than 20 days before such
signboard not less than 10
and it is further
Town's official newspaper not less than 10 nor more
public hearing, and posted on the Town's official
nor more than 20 days before such public hearing;
RESOLVED, that the Town Clerk file a certified copy of this Resolution and Order
with the NYS Comptroller at or about the time of the publication hereof.
RESOLUTION 07 — 95
RESOLUTION, offered by Mr. Christopher and seconded by Mrs. Wilcox:
RESOLVED, that the work session is adjourned at the call of the
Supervisor at 8:20 a.m.
Vote
of
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Board .
Vote
of
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Board .
Vote
of
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Vote
of
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Vote
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(Aye) Matt Besemer, Councilperson
(Aye) Marty Christopher, Councilperson
(Aye) Bud Shattuck, Councilperson
(Aye) Connie Wilcox, Councilperson
(Aye) Stephen Farkas, Supervisor
Minutes taken by Connie Wilcox and executed by the Town Clerk.
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