TOWN OF ASHLAND
12094 ROUTE 23
ASHLAND, NEW YORK 12407
518-734 3636 Fax 518-734-5834
Richard E. Tompkins, Town Supervisor
Robert C. Ferris, Councilman James Lawrence, Councilman
Martin Blanden, Councilman Wanda Partridge, Councilperson
Special Town Board Meeting
October 26, 2009
A Special Town Board Meeting was held at the Town Hall, 12094 Route 23, Ashland, New York on the 26th day of October 2009.
Present
Richard Tompkins---------------------Supervisor
James Lawrence-----------------------Councilman
Robert Ferris---------------------------Councilman
Martin Blanden------------------------Councilman
Wanda Partridge-----------------------Councilperson
Justine L Koehler----------------------Town Clerk
Attended by: Bruce Knox, Julie Barown, Nate Hendricks, Thomas Soule and Mike Budris
Supervisor Richard Tompkins opened the meeting at 7:45 pm.
JULIE BAROWN-ASHLAND COMMUNITY WASTEWATER MANAGEMENT PROGRAM AND STORMWATER RETROFIT PROGRAM BID ANALYSIS, BUDGET REVIEW AND COST REDUTION RECOMMENDATIONS
Each of the low bidders has been verified as qualified to construct their parts of the Ashland CWMP portion of the project was higher than anticipated. Together, the lowest of the base bids total $6,052.970. Without the remaining portion of the WWTP site sold to NYCDEP, the project budget remaining is $5,944.989, leaving a deficit in the budget of -$107,981. With the anticipated revenue of the sale of the property to NYCDEP at $182,896, the remaining budget is still only $74,915, (or 1.24% contingency), not enough to move forward with construction with an adequate level of contingency available should unforeseen conditions or issues that may arise during construction.
In order to get the cost of the construction to a point comfortable to enter into construction, we recommend taking Deduct Alternate Number 2 in the amount of $399,074. This will restore the contingency fund to 4.72% without the revenue of the sale of the remaining portion of the WWTP site to NYCDEP and contingency of 7.83% including the revenue from the sale of that land.
Lamont Engineers does not recommend re-bidding the contracts.
The total of the Town Storage Space Additive Alternate bids came in at $73,275. The Town passed a resolution authorizing the Town Board to spend a total of $60,000 on the cost of the addition. There aren’t enough pieces of the project that can be removed in order to get the cost of the Additive Alternate down below $60,000. Unless the Town is willing to pass another resolution authorizing the Town Board to spend the additional dollars for the Town Storage Space above the $60,000, the award of this part of the contract for Contract # 2 through 5 is not recommended. The construction of the addition may be negotiated with the Contractors for the Ashland CWMP or built by the Town at a later date.
Therefore, we recommend that the Town of Ashland award the Ashland CWMP construction Contracts #’s 1 through 5 to the relevant low bidders, while exercising Deduct Alternate No 2, subject to reinstatement at an appropriate time. Deduct Alternate No2 is being considered for reinstatement. The relevant low bidders and their contract amounts are as follows:
Contract #1-Cranbrook Construction, Inc., Base Bid less Deduct Alternate No2- $2,621,566
Contract # 2-W.M. Schultz Construction, Inc., Base Bid-$2,885,000
Contract #3 –Hinkley Associates, Inc., Base Bid-$149,590
Contract #4-John V. Warren, Inc., Base Bid-46,000
Contract #5- T. McElligott, Inc., Base Bid-140,000
For a total of $5,842,156.
RESOLUTION #42
TOWN OF ASHLAND
TOWN BOARD RESOLUTION OF 2009
OCTOBER 26, 2009
RESOLUTION OF THE TOWN BOARD OF THE TOWN OF ASHLAND AUTHORIZING PARTICIPATION IN CONSTRUCTION PHASE OF THE WASTEWATER MANAGEMENT PROJECT IN THE ASHLAND SEWER DISTRICT
At the Town Board meeting on October 26, 2009, Councilperson, Richard E. Tompkins offered the following resolution and moved its adoption.
WHEREAS; the Town Board of the Town of Ashland previously entered into an agreement (the “Agreement” with the Catskill Watershed Corporation (“CWC”) to participate in the Community Wastewater Management Program (“Program”), which program will provide for the design and construction of a wastewater management project in the Ashland Sewer District pursuant to the Community Wastewater Management Program and Storm water Retrofit Program; and
WHEREAS; the CWC through the Program, will provide full funding for the wastewater management project through a block grant; and
WHEREAS; CWC’s consultant for the Program, Lamont Engineers, has prepared a Preliminary Engineer’s Report for the Town of Ashland evaluating various alternative methods for managing the wastewater needs of the Town of Ashland, such report marking the end of the Study Phase of the project; and
WHEREAS; the Town has reviewed the Preliminary Engineer’s Report prepared by Lamont Engineers; and
WHEREAS; based upon its review of the Preliminary Engineers Report and consultation with the Town’s Special Counsel, the Town Board proceeded with to the Pre-Construction phase of the Project as set forth in Section 2.05 of the Agreement; and
WHEREAS; based upon the progress made during the Pre-Construction Phase and consultation with the Town’s Special Counsel, the Town Board proposes to proceed with the Construction phase of the Project as set forth in Section 2.06 of the Agreement, such schedule to be agreed upon by the Town and CWC; and
WHEREAS; pursuant to Section 2.05(A) (8) of the Agreement, the Town must acknowledge in writing its desire to continue into the Construction Phase of the Project; and
WHEREAS; pursuant to Section 2.06 (B) of the Agreement, the Town may terminate participation in the program if the bids received by the Town for construction are greater than the amount reserved for that purpose in the Block Grant, and the Town and CWC are unable to agree to modifications to the Program to bring the anticipated cost within the Block Grant amount;
WHEREAS; the Town has received the bids and by this resolution, the Town Board has elected not to terminate its participation in the program and has agreed to continue with the program as set forth below;
THEREFORE, NOW BE IT RESOLVED;
- The Town of Ashland, by and through its Town Board, desires to continue with the Construction Phase of the Community Wastewater Program for the Ashland Sewer District Community Wastewater Management Program and Storm water Retrofit Program;
2. The Town Board hereby authorizes the Town Supervisor to execute any and all documents for the Ashland Sewer District as may be necessary to continue with the Construction Phase;
3. The Town hereby agrees that it will complete the Project’s Construction Phase, including the establishment and operation of a community wastewater management program in such district, even if the Block Grant amount proves insufficient for all the costs associated for these purposes, as provided in the Agreement and the Program Contract.
WHEREUPON, the Resolution was put to a vote and the following results recorded:
A motion to adopt this resolution was made by Councilperson, Robert C. Ferris and seconded by Councilperson, James Lawrence.
ADOPTED:
TOWN BOARD MEMBERS AYE NAY
Richard E. Tompkins __X__ _____
Robert C. Ferris __X__ _____
James Lawrence __X__ _____
Wanda Partridge __X__ _____
Martin D. Blanden __X___ _____
I certify that the above resolution adopted by the Ashland Town Board on
October 26, 2009 is a true and correct transcript of the original now on file in this office.
____________________________________
Justine L. Koehler
Town Clerk
Dated: October 26, 2009
Ashland, New York
RESOLUTION #43
TOWN OF ASHLAND
TOWN BOARD RESOLUTION OF 2009
OCTOBER 26, 2009
RESOLUTION OF THE TOWN BOARD OF THE TOWN OF ASHLAND AUTHORIZING THE TOWN SUPERVISOR AND THE PROJECT ENGINEER TO AWARD CONTRACTS TO THE LOWEST RESPONSIBLE BIDDER
At the Town Board meeting on October 26, 2009, Councilperson, Richard E. Tompkins offered the following resolution and moved its adoption.
WHEREAS; the Town Board of the Town of Ashland ( “Town Board”) previously entered into an agreement with the Catskill Watershed Corporation (“CWC”) to participate in the Community Wastewater Management Program (“Program”) which provided for the design and construction of a wastewater management project in the Town of Ashland; and
WHEREAS; the CWC through the Program, will provide full funding for the wastewater management project through a block grant; and
WHEREAS; in connection with the Program, the CWC consultant has designed a new sewage collection system and a community wastewater treatment plant (“Community Sewage System”); and
WHEREAS; the Town Board of the Town of Ashland, by Resolution No. 30, passed November 10, 2008, established the Ashland Sewer District; and
WHEREAS; the Ashland Sewer District wishes to construct the Community Sewage System designed by CWC’s consultant under the Program; and
WHEREAS; the Town Board solicited bids to retain the services of contractors for construction of the Community Sewage System in the Ashland Sewer District including the sewer collection system, pump stations and wastewater treatment plant; and
WHEREAS; the Town Board has included, as part of the wastewater treatment building, an addition (the “Addition”) which could be used as meeting space for Town functions;
WHEREAS; the incremental costs arising from the Addition is the responsibility of the Town and is not an eligible cost under the Program; and
WHEREAS; the Town will use its own funds for the Addition; and
WHEREAS; the Town has also entered into an agreement with CWC to make improvements to storm water management under the Storm water Retrofit Program; and
WHEREAS; that portion of the work that relates to storm water improvements not necessary for the construction of the community sewer system will be funded under the Storm water Retrofit Program Agreement; and
WHEREAS; as part of the bid documents, the Town identified that certain sections of the collection system (i.e., “Deduct Alternates”) could be deleted from the community sewer collection system if the Block Grant provided under the Program was not sufficient to meet the entire costs of the project; and
WHEREAS; the contracts with the lowest responsible bidders will provide the Town Board with authority to delete one or more of the Deduct Alternates from the work to be completed and will provide the Town Board with the authority to delete the Addition from the Work to be completed; and
WHEREAS; the amounts set forth below represent the total contract amount including the Deduct Alternates and the Addition. The contracts with the lowest responsible bidders will identify the savings associates with each Deduct Alternate and the Addition; and
WHEREAS; the Town has received the bids for the construction of the Community Sanitary Sewer System, Storm water Systems and the Addition. By this resolution, the Town Board is authorizing the Supervisor, with assistance from the Project Engineer, to award the contracts to lowest responsible bidder as set forth below;
NOW BE IT RESOLVED; that the Board authorizes the Project Engineer to issue letters of award to the following lowest responsible bidders:
Project Component Contract Bid Amount
Contract No. 1 – Wastewater Cranbrook Construction, Inc. $3,020,640
Collection System and Storm
Water Retrofit
Contract No. 2 – General W.M. Schultz Construction, Inc. $2,948,000
Contract No. 3 – Electrical Hinkley Associates, Inc. $150,565
Contract No. 4 – Plumbing John V. Warren, Inc. $48,900
Contract No. 5 – HVAC T. McElligott, Inc. $146,000
NOW BE IT RESOLVED, that the Town Board authorizes Supervisor Tompkins to work with the Project Engineer and the Project Attorney to negotiate with the respective lowest responsible bidders on the terms, conditions and final specifications of the Project, and to execute contracts with those bidders.
WHEREUPON, the Resolution was put to a vote and the following results recorded:
A motion to adopt this resolution was made by Councilperson, Martin D. Blanden and seconded by Councilperson, Wanda Partridge. 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 __X___ _____
I certify that the above resolution adopted by the Ashland Town Board on
October 26, 2009 is a true and correct transcript of the original now on file in this office.
____________________________________
Justine L. Koehler
Town Clerk
Dated: October 26, 2009
Ashland, New York
RESOLUTION #44
TOWN OF ASHLAND
TOWN BOARD RESOLUTION OF 2009
OCTOBER 26, 2009
Null & Void
RESOLUTION #45
TOWN OF ASHLAND
TOWN BOARD RESOLUTION OF 2009
FINAL ORDER
ESTABLISHMENT OF EXTENDED WATER DISTRICT NO. 1
At the Town Board meeting on October 26, 2009, Councilperson, Richard E. Tompkins offered the following resolution and moved its adoption.
WHEREAS; pursuant to New York State Town Law Article 12-A, 209,209-c and 209-d and the request of the Town Board, a map, plan and report was prepared by Delaware Engineering, P.C. dated February 9, 2009, proposing the establishment of a water district for the area described therein; and
WHEREAS; an order was duly adopted by the Town board of the Town of Ashland, New York (the “Town”), on February 10, 2009, calling for a public hearing of all persons interested in the matter of the establishment of such water district to be held on the 2nd day of March, 2009, at 7:00 PM, local time, at the Town Hall, Main Street, Ashland, New York, and
WHEREAS; by resolution adopted April 13, 2009, the Town Board finally approved the establishment of Water District #1 subject to permissive referendum, which resolution became effective May 13, 2009; and
WHEREAS; pursuant to an amended map, plan and report filed with the Town Clerk of the Town of Ashland on August 10, 2009, which was available for public inspection at the office of the Town Clerk, of the Town of Ashland on August 10, 2009, which was available for public inspection at the office of the Town Clerk, an extension to Water District #1 was proposed to be established; and
WHEREAS; by resolution adopted August 10, 2009, the Town Board set a public hearing to be held September 14, 2009, on a proposal to extend the water district as described in the map, plan and report dated April 17, 2009, as revised August 10, 2009; and
WHEREAS; the description of the boundaries of such proposed extended district are set forth in the attached Schedule “A”; and
WHEREAS; improvements proposed for Water District #1 are the drilling of two wells, construction of a pump house with disinfection equipment and storage tank, construction of water mains and hydrants throughout the District; and
WHEREAS; the total maximum amount proposed to be expended is $2,873,620 (Two Million Eight Hundred and Seventy Three Thousand Six Hundred and Twenty Dollars) for Water District #1 including the proposed extension described herein; and
WHEREAS; the estimated cost of to the typical property is proposed to be $624 (Six hundred and Twenty Four Dollars) annually; and
WHEREAS; as further described in the map, plan and report for the extended district, the proposed method of financing to be employed is the issuance of short and long-term obligations under the Local Finance law, and the utilization of grant funds expected to be available from U.S. Department of Agriculture Rural Development, as well as other available moneys; and
WHEREAS; notice of such public hearing was published by advertising in the official newspaper of the Town, and by posting on the sign board of the Town, not less than ten nor more than twenty days before the public hearing, and by mailing to the owners of taxable real property in the extended District; and
WHEREAS; a hearing by the Town Board was duly held at such time and place on the 14th day of September, 2009; and
WHEREAS; it was duly resolved and determined by said Town Board on the 14th day of September, 2009 that all the property and property owners within the proposed extended district were benefited thereby, that all property and property owners benefited were included within the limits of the proposed extended district, and that it was in the public interest to create the district as extended, and it was then and there further duly resolved that the establishment of such district as proposed be approved, and provided that the maximum amount to be expended for construction and improvements therefore is the sum of $2,873,620 (Two Million Eight Hundred and Seventy Three Thousand Six Hundred and Twenty Dollars), all costs of said construction and improvements to be financed by the issuance of obligations, pursuant to the Local Finance Law, which resolution was subject to permissive referendum and, no petition having been filed, such resolution was effective as of October 14, 2009, and
WHEREAS; the Town board as lead agency has heretofore declared the proposed project to be a Type I action pursuant to the State Environmental Quality Review Act, the implementation of which, as proposed, the Town Board has determined will not be environmentally significant, and the Town Board and the Town have complied in every respect with all applicable federal, state and local laws and regulations regarding environmental matters;
NOW THEREFORE, IT IS HEREBY ORDERED, that an extended water district be and hereby is established in the Town of Ashland as described the September 14, 2009 Order, to be designated as Ashland Water District No. 1 and to be bounded and described according to Schedule “A” attached hereto, and it is further
ORDERED, that the Town Clerk is hereby authorized and directed to cause a certified copy of this order to be duly recorded in the office of the Clerk of Greene County within ten (10) days after the adoption of this order, and it is further
ORDERED, that the Town Clerk is hereby authorized and directed to file a certified copy of this order in the Office of the State Department of Audit and Control, Albany, New York, within ten (10) days after the adoption of this order.
A motion to adopt this resolution was offered from Councilperson, James Lawrence and seconded by Councilperson, Wanda Partridge
ADOPTED:
TOWN BOARD MEMBERS AYE NAY
Richard E. Tompkins __X__ _____
Robert C. Ferris __X__ _____
James Lawrence __X__ _____
Wanda Partridge __X__ _____
Martin D. Blanden __X___ _____
I certify that the above resolution adopted by the Ashland Town Board on
October 26, 2009 is a true and correct transcript of the original now on file in this office.
____________________________________
Justine L. Koehler
Town Clerk
Dated: October 26, 2009
Ashland, New York
EXTRACT OF MINUTES
A special meeting of the Town Board of the Town of Ashland, Greene County, New York was convened in public session at the Ashland Town Hall, 12094 Route 23, PO Box 129, Ashland, New York, 12407 on October 26, 2009 at 7:30 PM, local time.
RESOLUTION #46
TOWN OF ASHLAND
TOWN BOARD RESOLUTION OF 2009
BOND RESOLUTION DATED OCTOBER 26, 2009
A RESOLUTION AUTHORIZING THE ISSUANCE OF SERIAL BONDS OF THE TOWN OF ASHLAND, GREENE COUNTY, NEW YORK IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $2,873,620 PURSUANT TO THE LOCAL FINANCE LAW TO FINANCE IMPROVEMENTS TO ASHLAND WATER DISTRICT NO. 1 IN THE TOWN OF ASHLAND, NEW YORK, AND DELEGATING CERTAIN POWERS IN CONNECTION THEREWITH TO THE TOWN SUPERVISOR.
At the Town Board meeting on October 26, 2009, Councilperson, Richard E. Tompkins offered the following resolution and moved its adoption.
WHEREAS; the Town has adopted a resolution and order after public hearing pursuant to Article 12-A of the Town Law, which Order determined that it is in the public interest to create the District and construct the improvements for the District, and ordered that such facilities be improved as described in a map, plan and report prepared by Delaware Engineering at an estimated total cost of $2,873,620; and
NOW THEREFORE BE IT RESOLVED, by the Town Board of the Town (by the favorable vote of not less than two-thirds of all of the members of the Board) as follows:
SECTION 1. The improvement to the facilities of Water District No. 1, consisting of installation of two wells, construction of a pump house with disinfection equipment and storage tank, construction of water mains and hydrants in the District and related work, and including land or rights in land, original furnishings, equipment, machinery and apparatus required therefore, constituting certain improvements described in said map, plan and report, is hereby authorized at an estimated maximum cost of $2,873,620, and said amount is hereby appropriated therefore. It is hereby determined that said purpose is an object or purpose described in subdivision 1 of paragraph a of Section 11 of the Local Finance Law, and that the period of probable usefulness of said purpose is forty years.
SECTION 2. It is hereby determined that the aforesaid purpose constitutes a Type I action as defined under the State Environmental Quality Review Regulations, 6 NYCRR Part 617.5, which has been determined under SEQR not to have a significant impact on the environment.
SECTION 3. It is hereby determined that the proposed maturity of the obligations authorized by this resolution will be in excess of five years from the original date of issuance of such obligation.
SECTION 4. The Town Board plans to finance the total cost of said purpose by the issuance of serial bonds of the Town in an amount not to exceed $2,873,620, hereby authorized to be issued therefore pursuant to the Local Finance Law. The Town plans to redeem a portion of such obligations from the proceeds of grants anticipated to be received with respect to the project to be financed thereby.
SECTION 5. Current funds are not required to be provided prior to the issuance of the bonds authorized by this resolution or any notes issued in anticipation of said bonds.
SECTION 6. The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized. This resolution shall constitute a statement of official intent for purposes of Section 1.150-2 of the Treasury Regulations.
SECTION 7. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of said bonds, shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. The faith and credit of the Town are hereby irrevocably pledged for the payment of the principal of and interest on said bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on said bonds becoming due and payable in such year. To the extent not paid from monies raised from the District in the manner provided by law, there shall annually be levied on all the taxable real property of the Town a tax sufficient to pay the principal of and interest on said bonds as the same become due and payable.
SECTION 8. Subject to the terms and contents of this resolution and the Local Finance Law, and pursuant to the provisions of Sections 30.00, 50.00 and 56.00 to 63.00, inclusive, of said Law, the power to authorize bond anticipation notes in anticipation of the issuance of the serial bonds authorized by this resolution and the renewals of said notes and the power to prescribe the terms, form and contents of said serial bonds and said bond anticipation notes (including without limitation the date, denominations, maturities, interest payment dates, consolidation with other issues, and redemption rights), the power to determine to issue said bonds providing for substantially level or declining debt service, and the power to sell and deliver said serial bonds and any bond anticipation notes issued in anticipation of the issuance of such bonds, is hereby delegated to the Town Supervisor, the Chief Fiscal Officer of the Town. The Town Supervisor is hereby authorized to sign any serial bonds issued pursuant to this resolution and any bond anticipation notes issued in anticipation of the issuance of said serial bonds, and the Town Clerk is hereby authorized to affix the corporate seal of the Town to any of said serial bonds or any bond anticipation notes to attest such seal.
SECITON 9. The Town Supervisor is further authorized to take such actions and execute such documents as may be necessary to ensure the continued status of the interest on the bonds authorized by this resolution, and any notes issued in anticipation thereof, as excludable from gross income for federal income tax purposes pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the “Code”) and to designate the bonds authorized by this resolution and any notes issued in anticipation thereof as “qualified tax-exempt bonds” for purposes of Section 265(b) (3)(B)(i) of the Code.
SECTION 10. The Supervisor is further authorized, in his discretion, to execute a project financing and loan agreement and any other agreements with the New York State Environmental Facilities Corporation and/or the New York State Department of Environmental Conservation and/or the New York State Department of Health and/or the U.S. Department of Agriculture Rural Development, and amendments thereto, and to take such actions and execute such documents as may be necessary to provide for the financing or refinancing of the specific object or purpose set forth herein, or a portion thereof, by a serial bond and/or bond anticipation note issue of the Town and the sale of such issue or issues to the New York State Environmental Facilities Corporation and/or the U.S. Department of Agriculture Rural Development.
SECTION 11. The validity of said serial bonds or of any bond anticipation notes issued in anticipation of the sale of said serial bonds may be contested only if:
- Such obligations are authorized for an object or purpose for which the Town is not authorized to expend money; or
- The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with;
- Such obligations are authorized in violation of the provisions of the Constitution of New York
SECTION 12. The Town Clerk is hereby authorized and directed to publish this resolution, or a summary thereof, together with a notice in substantially the form provided by Section 81.00 of the Local Finance Law, in the Windham Journal, being a newspaper having a general circulation in the Town and hereby designated as the official newspapers of the Town for such publication.
SECTION 13. This resolution shall take effect immediately.
A motion to adopt this resolution was made by Councilperson, Robert C. Ferris and seconded by Councilperson, Wanda Partridge.
ADOPTED:
TOWN BOARD MEMBERS AYE NAY
Richard E. Tompkins __X__ _____
Robert C. Ferris __X__ _____
James Lawrence __X__ _____
Wanda Partridge __X__ _____
Martin D. Blanden __X___ _____
I certify that the above resolution adopted by the Ashland Town Board on
October 26, 2009 is a true and correct transcript of the original now on file in this office.
____________________________________
Justine L. Koehler
Town Clerk
Dated: October 26, 2009
Ashland, New York
CERTIFICATE OF RECORDING OFFICER
The undersigned hereby certifies that:
- She is the duly qualified and acting Clerk of the Town of Ashland, Greene County, New York (hereinafter called the “Town”) and the custodian of the records of the Town, including the minutes of the proceedings of the Town Board, and is duly authorized to execute this certificate.
- Attached hereto is a true and correct copy of a resolution duly adopted at a meeting of the Town Board held on the 26th day of October, 2009 and entitled:
BOND RESOLUTION DATED OCTOBER 26, 2009
A RESOLUTION AUTHORIZING THE ISSUANCE OF SERIAL BONDS OF THE TOWN OF ASHLAND, GREENE COUNTY, NEW YORK IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEEN $2,873,620 PURSUANT TO THE LOCAL FINANCE LAW TO FINANCE IMPROVEMENTS TO ASHLAND WATER DISTRICT NO. 1 IN THE TOWN OF ASHLAND, NEW YORK, AND DELEGATING CERTAIN POWERS IN CONNECTION THEREWITH TO THE TOWN SUPERVISOR.
- Said meeting was duly convened and held and said resolution was duly adopted in all respects in accordance with law and the regulations of the Town. To the extent required by law or said regulations, due and proper notice of said meeting was given. A legal quorum of members of the Town Board was present throughout said meeting, and a legally sufficient number of members (two-thirds of the Town Board) voted in the proper manner for the adoption of the resolution. All other requirements and proceedings under law, said regulations or otherwise incident to said meeting and the adoption of the resolution, including any publication, if required by law, have been duly fulfilled, carried out and otherwise observed.
- The seal appearing below constitutes the official seal of the Town and was duly affixed by the undersigned at the time this certificate was signed.
IN WITNESS WHEREOF, the undersigned has hereunto set her hand this
26th day of October, 2009.
______________________________________
Justine L. Koehler
Town Clerk
Certificate of Town Clerk that No Petition for Permissive Referendum Filed Regarding The sale of unneeded Town property (formerly part of the Ashland Wastewater Treatment Plant property) to the New York City Department of Environmental Protection (“NYCDEP”)
STATE OF NEW YORK )
) ss:
COUNTY OF GREENE )
I, Justine Koehler, Town Clerk of the Town of Ashland, New York (the "Town"), do hereby certify as follows:
1. That on September 14, 2009, the Town Board duly adopted a resolution establishing
the sale of unneeded Town property (formerly part of the Ashland Wastewater Treatment Plant property) the New York City Department of Environmental Protection (“NYCDEP”)
2. That said resolution is subject to a permissive referendum.
3. That within 10 days after adoption of the resolution aforesaid, I did, in the same manner
as provided for a notice of special election, post and publish a notice setting forth the
date of the adoption of the aforesaid resolution together with an abstract of such
resolution, concisely stating the purpose and effect thereof and that said resolution was
adopted subject to a motion for a permissive referendum.
4. That more than 30 days have elapsed since the adoption of said resolution and the
posting and publication of the aforesaid notice and no petition protesting against such
resolution and requesting that it be submitted to the owners of taxable real property
situate in the proposed district for their approval or disapproval has been filed with
the deponent as Town Clerk.
Dated: October 26, 2009
Ashland, New York
______________________________
Justine L Koehler
Town Clerk
Town of Ashland
MOTION-A motion was made by Councilperson Wanda Partridge to close the meeting at 9:12pm, seconded by Councilman Martin Blanden, motion was:
Adopted Ayes 5 Tompkins, Lawrence, Ferris, Blanden, Partridge
Nays 0
____________________________
Justine L Koehler
Town Clerk
Town of Ashland
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