Town of Ashland, NY

Town Board Minutes

SPECIAL TOWN BOARD MEETING
June 17, 2009

A Special Town Board Meeting was held at the Town Hall, 12094 Route 23, Ashland, New York
on the17th day of June 2009.

Present
Richard Tompkins---------------------Supervisor
James Lawrence-----------------------Councilman
Robert Ferris---------------------------Councilman
Wanda Partridge-----------------------Councilperson
Justine L Koehler----------------------Town Clerk

                                               
Absent
Martin Blanden------------------------Councilman

Attended by: No one in attendance

Pledge of Allegiance

Supervisor Richard Tompkins opened the public hearing at 11:53 am.

INSURANCE FOR ASHLAND HISTORICAL ASSOCIATION
MOTION
-A motion was made by Councilman Robert Ferris to donate $700.00 for insurance premiums for the Ashland Historical Association, seconded by Councilman James Lawrence, motion was:
Adopted:               Aye         4 Tompkins, Ferris, Lawrence, Partridge
Nays       0
Absent 1 Blanden

RESOLUTION # 27

TOWN OF ASHLAND

TOWN BOARD RESOLUTION OF 2009

RESOLUTION OF THE TOWN BOARD FOR THE TOWN OF ASHLAND

JUNE 17, 2009

In the Matter of the Acquisition of Certain Minor Easements and or Fee Acquisitions for Use In Public Project                                          

WHEREAS, the Town of Ashland is engaged in a public use project to construct, operate and maintain a municipal wastewater collection system and treatment facility (the “Project”); and

WHEREAS, the Town Board has previously reviewed, considered and approved the plans and schematics for the Project, which requires the Town to acquire a number of small easements or fee acquisitions of real property to accommodate construction and long term maintenance of the Project’s collection and septic systems;

WHEREAS, the Town Board has determined that a community solution to sewage disposal is in the best interest of the Town of Ashland and, as a result, that the contemplated acquisitions are in the best interests of the health, safety and welfare of the Town, as it is in the public’s best interest that the Project be properly constructed and maintained;

WHEREAS, the Town Board has endeavored and will continue to endeavor to acquire the easements and fee acquisitions necessary for the Project by voluntary compliance with land owners, but the Town Board acknowledges that voluntary compliance may not be achieved for all the necessary acquisitions requiring the Town to exercise its powers of Eminent Domain;

WHEREAS, the Town Board has determined that the contemplated acquisitions are all minor in nature, only affecting small portions of individual properties, and therefore any of the individual acquisitions by Eminent Domain would be de minimis in nature so that the public interests will not be prejudiced by the acquisition of those property interests for construction of the project; 

WHEREAS, pursuant to the terms of SEQRA, the Town Board has determined that its findings and determinations are consistent with the prior Negative Declaration and there are no negative adverse impacts;

NOW THEREFORE, BE IT RESOLVED AS FOLLOWS BY THE TOWN BOARD OF ASHLAND, GREENE COUNTY, NEW YORK:

                THAT THE Town Board of the Town of Ashland hereby determines that when voluntary compliance to acquire easements or fee acquisitions in furtherance of the Project is not practicable or would prejudice the Project, the Town of Ashland and its legal agents are authorized to acquire the lands or interests by use of Eminent Domain; and

BE IT FURTHER RESOLVED, that the Town Board hereby authorizes the Town of Ashland and is legal agents to make offers of reasonable compensation to acquire lands or interests that cannot be practically acquired by voluntary compliance;

                IT IS FURTHER RESOLVED, that the Town Clerk and the Attorney for the Town are hereby directed to take such actions as are necessary to implement this resolution.

                WHEREUPON, the Resolution was put to a vote and the following results recorded:
A motion was offered from James Lawrence with a second from Robert Ferris to adopt this resolution. Motion carried.
ADOPTED
TOWN BOARD MEMBERS                AYE                               NAY
Richard E. Tompkins                             __X__                                 ____                                      
Robert C. Ferris                                       __X__                    ____                                      
James Lawrence                                     __X__                                 ____                                      
Wanda Partridge                                     __X__                                 ____
Martin D. Blanden                                  Absent                                ____                                      

________________________________
Justine L. Koehler
Town Clerk
Dated:    June 17, 2009
Ashland, New York

Motion was made by Councilman James Lawrence to close the meeting at 11:58 am.

                                                                                                                                ________________________
Justine L Koehler
Town Clerk
Town of Ashland