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HomeMy WebLinkAbout1993-07-28 TB 28` 8 JULY 28 , 1993 The Lansing Town Board met in Special Session at the Lansing Middle School with Supervisor Kirby presiding . ROLL CALL Jeannine Kirby Supervisor Present H erbert Beckwith Councilman Present P aul Butler Councilman Present Jeffrey Cleveland Councilman Present L arry Tvaroha Councilman Absent B onita Boles Town Clerk Absent Richard Thaler Town Attorney Present VISITORS : Kim Jacobs from T . G . Miller ' s , Chris Vultaggio from N . Y . S . E . and Gas , Tom Jerram and various citizens from the proposed Water District No . 17 area . The Supervisor called the meeting to order and took the Roll Call . Proof of Notice having been furnished , the Public Hearing on the Proposed Water District No . 17 was called to order 8 : 00 P . M . Water Board Chairman , Tom Jerram gave the presentation on the proposed Water District No . 17 . No one appeared voicing any objection to the proposed Water D istrict No . 17 , and all persons desiring to be heard , having been h eard , the Public Hearing was terminated at 8 : 17 P . M . RESOLUTION , offered by Mr . Butler and seconded by Mr . Cleveland : WHEREAS , a map , plan and report have been prepared in such manner and in such detail as has heretofore been determined by the Town Board of the Town of Lansing , relating to the establishment of a proposed water district in the Town ; and WHEREAS , such map , plan and report have been duly filed in the Town Clerk ' s Office in said Town ; and WHEREAS , said map , plan and report was prepared by T . G . Miller and Associates , P . C . Engineers and Surveyors , Ithaca , New York , who are duly licensed by the State of New York , which showed the boundaries of the proposed district , a general plan of the water system and a report of the proposed improvements , the estimated e xpense of these improvements , the proposed method of financing , w hich map , plan and report are on file in the Town Clerk ' s Office for public inspection , and all other matters required by law to be stated ; and WHEREAS , the maps show the proposed water district , water mains , fire hydrants and other related and necessary appurtenances ; and WHEREAS , an Order was passed on June 30 , 1993 designating July 28 , 1993 at 8 : 00 p . m . at the Lansing Middle School Cafeteria in Lansing , New York , to consider the plan , map and report and to hear all persons interested in this matter and to take action as required by law ; and WHEREAS , the said Order was published and posted as required by law ; and WHEREAS , a public hearing on the matter was held by the Town Board on July 28 , 1993 at the Lansing Middle School Cafeteria as aforesaid , at 8 : 00 p . m . and the matter was fully discussed and all interested parties and persons were heard . U pon the evidence given at the hearing and upon a motion duly made by Councilman Butler , seconded by Councilman Cleveland , the following resolution was adopted by roll call vote as follows : Jeannine Kirby , Supervisor voting Aye 411 Jeffrey Cleveland , Councilman voting Aye P aul Butler , Councilman voting Aye H erbert Beckwith , Councilman Abstained It is hereby determined that : ( a ) The notice of hearing was published and posted as 2 8:9 continued July 28 , 1993 required by law , and it is otherwise sufficient . ( b ) All the property and property owners within the proposed district are benefitted thereby . ( C ) All the property and property owners benefitted are w ithin the limits of the proposed district . ( d ) The establishment of this district is in the public interest . IT IS RESOLVED , that the district as set forth in the map , plan and report be approved , that _ the requested improvement ' be constructed and that the necessary easements and lands . be acquired u pon the required funds being made available and provided for . ® IT IS FURTHER . RESOLVED , that this district shall be known as the Water District 17 in the Town of Lansing and shallbebounded and described as follows : see Exhibit . A -. filed in the Town Clerk ' s Office . _ IT IS FURTHER RESOLVED that the proposed improvement , including constructioncosts , cost of acquisition of lands and e asements , legal and engineering fees , and all other expenses , be financed by the issuance of serial bonds of the Town of Lansing to mature _ in a number of annual installments . not exceeding twenty ( 20 ) years _ as may be. determined by . the _ Town _ Board , the cost of constructing Water .District 17 to be assessed by the Town Board in as close a proportion to the benefit to which each lotor parcel w hich derive fromthe improvement as is possible . • _. IT IS _ FURTHER . RESOLVED that this resolution is subject to permissive referendum as provided in Town Law , Section 209 - E in the manner . provided . i.n Article . 7 of the Town Law . IT . IS FURTHER RESOLVED that establishment of _ Water District 17 , is . subject to approval by the New York State Department of Audit . and Control . Proof of Notice having been furnished , the Public Hearing for the proposed Water District 17 Extension 1 was called to order at 8 : 30 p . m . ® Mr . Tom Jerram gave a presentation for the proposed Water D istrict 17 , Extension 1 . Various citizen ' s had questions which w ereanswered satisfactorily by Town Officials . A straw vote was taken and ten ( 10 ) people were in favor_ of thedistrict and three ( 3 ) were against it . Everyone desiring to be heard , having been heard , the Public H earing . was terminated at 9 : 35 p . m . RESOLUTION , offered by Mr . Cleveland and seconded by Mr . B utler : _ WHEREAS , a map , plan and report have been prepared in such manner and in such detail as has heretofore been determined by the Town Board of the Town of Lansing , relating to the establishment of a proposed water district in the Town ; and WHEREAS , such map , plan and report have been duly filed in the Town Clerk ' s Office in said Town ; and WHEREAS , said map , plan and report was prepared by T . G . Miller & Associates , P . C . , Engineers and Surveyors , Ithaca , New York , who are duly licensed by the State of New York , which showed the boundaries of the proposed district , a general plan of the water system and a report of the proposed improvements , the estimated e xpense of these improvements , the proposed method of financing , w hich map , plan and report are on file in the Town Clerk ' s Office for public inspection , and all other matters required by law to be stated ; and t I WHEREAS , the maps show the proposed water district , water mains , fire hydrants and other related and necessary appurtenances ; and WHEREAS , an Order was passed on June 30 , 1993 designating July 28 , 1993 at 8 : 30 p . m . at the Lansing Middle School Cafeteria in Lansing , New York , to consider the plan , map and report and to hear all persons interested in this matter and to take action as required by law ; and WHEREAS , the said Order was published and posted as required 29 *0 continued July 28 , 1993 by law ; and WHEREAS , a public hearing on the matter was held by the Town Board on July 28 , 1993 at the Lansing Middle School Cafeteria as aforesaid , at 8 : 30 p . m . and the matter was fully discussed and all interested parties and persons were heard . Upon evidence given at the hearing and upon motion duly made by Councilman Cleveland , seconded by Councilman Butler , the following resolution was unanimously adopted . It is hereby determined that : ( a ) The notice of hearing was published and posted as required by law , and it is otherwise sufficient . ( b ) All the property and property owners within the proposed4111 district are benefitted thereby . ( c ) All the property and property owners benefitted are included within the limits of the proposed district . ( d ) The establishment of this district is in the public interest . IT IS RESOLVED that the district as set forth in the map , plan and report be approved , that the requested improvement be constructed and that the necessary easements and lands be acquired upon the required funds being made available and provided for . IT IS FURTHER RESOLVED that this district shall be known as Water District 17 , Extension 1 in the Town of Lansing and shall be bounded and described as follows : Exhibit A on filed in the Town Clerk ' s Office . IT IS FURTHER RESOLVED , that the proposed improvement , including construction costs , cost of acquisition of lands and easements , legal and engineering fees , and all other expenses , be financed by the issuance of serial bonds of the Town of Lansing to mature in a manner of annual installments not exceeding twenty ( 20 ) years as may be determined by the Town Board , the cost of constructing Water District 17 , Extension 1 , to be assessed by the Town Board in as close a proportion to the benefit to which each lot or parcel which derive from the improvement as is possible . IT IS FURTHER RESOLVED that this resolution is subject to permissive referendum as provided in Town Law , Section 209 - E in the 1111 manner provided in Article 7 of the Town Law . IT IS FURTHER RESOLVED that establishment of Water District 17 , Extension 1 , is subject to approval by the New York State Department of Audit and Control . ✓ ote of Town Board . . . ( Aye ) Herbert Beckwith , Councilman ✓ ote of Town Board . . . ( Aye ) Paul Butler , Councilman ✓ ote of Town Board . . . ( Aye ) Jeffrey Cleveland , Councilman ✓ ote of Town Board . . . ( Aye ) Jeannine Kirby , Supervisor Minutes taken by the Supervisor and executed by the Town Clerk . On motion , meeting adjourned at the call of the Supervisor . /604). •