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HomeMy WebLinkAbout1993-07-28 288 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 Herbert Beckwith Councilman Present Paul Butler Councilman Present Jeffrey Cleveland Councilman Present Larry Tvaroha Councilman Absent Bonita Boles Town Clerk Absent Richard Thaler Town Attorney Present 1111 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 District No . 17 , and all persons desiring to be heard, having been heard, 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 expense of these improvements , the proposed method of financing, which 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 . Upon 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 Jeffrey Cleveland, Councilman voting Aye Paul Butler , Councilman voting Aye Herbert Beckwith, Councilman Abstained It is hereby determined that : (a) The notice of hearing was published and posted as 289 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 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 the Water District 17 in the Town of Lansing and shall be bounded and described as follows : see Exhibit A-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 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 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 manner provided in 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. III/ Mr . Tom Jerram gave a presentation for the proposed Water District 17 , Extension 1 . Various citizen' s had questions which were answered satisfactorily by Town Officials . A straw vote was taken and ten ( 10) people were in favor of the district and three (3) were against it . Everyone desiring to be heard , having been heard, the Public Hearing was terminated at 9 : 35 p .m. RESOLUTION, offered by Mr . Cleveland and seconded by Mr . Butler : 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 expense of these improvements , the proposed method of financing, which 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 S 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 290 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 proposed 1111 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 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 . Vote of Town Board . . . (Aye) Herbert Beckwith, Councilman Vote of Town Board . . . (Aye) Paul Butler , Councilman Vote of Town Board . . . (Aye) Jeffrey Cleveland, Councilman Vote 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. •