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HomeMy WebLinkAbout01-17-199024 3 Wednesday, January 17, 1990 5:30 p.m. PUBLIC HEARING SPECIAL PERMIT - SUIT KOTE CORP. - LORING CROSSING A Public Hearing was held at the Town Hall, 15 Terrace Road, Cortland, New York at 5:30 p.m., concerning. the application of Suit Kote Corp for a Special Permit to develop over the Aquifer. Members present: Supervisor, Melvin Pierce ,.Councilman, Raymond Thorpe Councilman, Edwin O'Donnell Councilman, Ronal Rocco Councilman, Theodore Testa Town Clerk, Pauline Parker Others present were Town CEO, Bruce Weber; Mr. Leon Bogardus of Agway Energy Products,and.Steve Terwilliger, The Public Hearing was called to order by Supervisor Pierce at 5:30 p.m. The Town Clerk read aloud the Legal Notice as posted and filed. It was explained that Suit Kate wants to remove a tank that is in ground now and replace it with a 20,000 gallon fuel tank which will be in containment with concrete walls and floor to eliminate any spills. This permit has been submitted and approved by the County Planning Board and the Town Planning Board. This action will protect against groundwater contamination: Supervisor Pierce offered those. in attendance the privilege of thefloor. No comments were. heard. Councilman Thorpe made a motion, seconded by Councilman Testa, to adjourn the Public Hearing. All voting aye, the motion was carried. The Public Hearing -was closed at 5:35 p.m 244 Wednesday, January 17, 1990 5:35 p.m. PUBLIC HEARING SPECIAL PERMIT - AGWAY ENERGY PRODUCTS - RT. 11 S. A Public Hearing was held at the Town Hall, 1.5 Terrace Road, Cortland, New York, at 5:35 p.m., concerning the application of Agway Energy Products of Rt. 11 S. for a Special Permit to develop over the Aquifer. Members present: Supervisor, Melvin Pierce Councilman, Raymond Thorpe Councilman, Edwin O'Donnell Councilman, Ronal Rocco Councilman, Theodore Testa Town Clerk, Pauline Parker Others present were Town CEO, Bruce Weber; Mr. Leon Bogardus of Agway Energy Products and Mr. Steve Terwilliger. The Public Hearing was called to order by Supervisor Pierce at 5:35 p.m. The Town Clerk read aloud the Legal Notice as posted and filed. Supervisor Pierce offered the floor to Mr. Leon Bogardus, Manager of Agway Energy Products to explain his project. Mr. Bogardus explained that it was their desire to construct a properly designed Bulk Storage Plant. The specifications would be in compliance with the current Environmental Safety Standards. When the plant is complete, they will demolish all of the existing petroleum storage facilities on site now. He discussed with the Town Board their operations now, and the improvements that will be made. The County Planning Board and the Town Planning Board have approved this application. There being no further comments or questions heard from the floor, Councilman Thorpe made a motion, seconded by Councilman Testa, to adjourn the Public Hearing. All voting aye, the motion was carried. The Public Hearing was closed at 5:40 p.m. I Wednesday, January 17, 1990 5:30 p.m. F REGULAR MEETING The Regular Meeting of the Town Board of the Town of Cortlandville, was held at the Town Hall, 15 Terrace Road, Cortland, New York, with Supervisor Melvin Pierce presiding. Members present: Supervisor, Councilman, Councilman, Councilman, Councilman, Town Clerk, Melvin Pierce Raymond Thorpe Edwin O'Donnell Ronal Rocco. Theodore .Testa Pauline Parker J ; , I , . . I Others present were Town Attorney, Phillip Rumseyg Town CEO, Bruce Weber; Town Residents, Mr.-& Mrs. Joseph Neville of Loring Crossing, John DelVecchio and Steven Terwilliger. The meeting. was called to order .by Supervisor Pierce at 5:40 p.m. following.:two Public Hearing for a Special, Permit by Suit-:-Kote. Corp... and Agway Energy Products, . RESOLUTION #28 AWARD BID FOR ONE NEW SINGLE AXLE DUMP TRUCK CHASSIS - HIGHWAY DEPT. Motion.by Councilman Testa Seconded by Zouncilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, the Town Highway Sup't. was authorized to let out for bid for One New Single.Axle Dump,Truck Chassis per Town Board Resolution #304 on-December.6, 1989, and WHEREAS, the following bids were r.eceived,on January 16, 1990, opened and given to Carl•Bush,.Highway Sup't, for review: Stadium International $49,987.00 105 7th North St. Syracuse, New York 13220 NYPENN Truck Sales $57,317.00 P.O. Box 2247 Binghamton, New York 13902 Albee Truck, Inc. NO BID Box 1238 Elmira, New York 14902 Mucci Motor Truck Co. $50,309.00 955 Spencer Street Syracuse; New. -York 13204 Beam Mack ,., $52,268.00 6260 East Malloy East Syracuse,.NY 13205 THEREFORE, -BE IT RESOLVED, that the bid for One New Single.Axle Dump -Truck Chassis, Model 2674, is hereby awarded to the low ,bidder, StadiumInternational, of Syracuse, New York in the amount of,$49,987.00., Wednesday, January 17, 1990 Page 2 RESOLUTION #29 AUTHORIZE PAYMENT OF VOUCHERS ABSTRACT 13 1/2 OF 1989 JANUARY - 1990 Motion by Councilman Thorpe Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers #462 $ 4,852.00 Highway Fund 399 - 401 14,122.61 General Fund A Vouchers # 01 - 33 21,042.62 General Fund B 01 - 03 70.56 Highway Fund 01 122.40 Water Fund 01 - 08 8,394.29 Sewer Fund 01 - 07 4,790.64 Capital Projects 01 - 06 5,117.60 Supervisor Pierce offered the privilege of the floor to John DelVecchio. John DelVecchio and his partner, Steve Terwilliger, reviewed and discussed with the Town Board the best possible solution for installing water lines for their housing project that will be located on North Homer Ave. No action was taken. Councilman Thorpe made a motion, seconded by Councilman Testa, to receive and file the proposal for Engineering services for the Tompkins Street Extension Sewer Project. All voting aye, the motion was carried. Supervisor Pierce offered those in attendance the privilege of the floor. Mr. & Mrs. Joseph Neville, of the East River Road, advised that they came to the meeting tonight for the Public Hearing concerning Suit Kote as they are concerned about the operations there. The permit request was explained to them. They expressed concern because their land is eroding near the creek bank. Every since Cortland Asphalt has been allowed to put fill in, the problem has happened. Town CEO, Bruce Weber, explained the situation at that location. The action done by Cortland Asphalt is in compliance. He had discussed this problem with the Neville's in the past. A discussion was held concerning this. RESOLUTION #30 REQUEST SUPERVISOR TO WRITE A LETTER TO CORTLAND ASPHALT REGARDING THE FLOODING PROBLEM AT LORING CROSSING Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, that Supervisor Pierce is hereby requested to send a letter to Cortland Asphalt advising them of a flooding and erosion problem in their area and attempt to discuss a compromise or solution to the problem near the creek bank. 2417 Wednesday, January 17,1990 Page 3 Councilman Thorpe made a motion , seconded by Councilman: O'Donnell,- to receive, and file a letter received from Assemblyman Clarence-D. Rappleyea. All voting aye, the motion was carried. . The letter advised: that the .1990. Legislative Session has -started and if,we.had a problem which would require state legis-lation,ihe.-would need to be informed. Councilman. Thorpe,.,made -a motion, seconded by Councilman O'Donnell, to -receive and file the notice received from Councilman Ronal Rocco. All voting aye, the motion was..carried. The note...advised that he.,has audited the books of 1989 for...the._Town Justice..Dept,. All was in order. . Councilman O'Donnell reported that he has,audited the Supervisor's books of 1989. He found. -all -to be in order. He -also. expressed. pleasure about ,.the. computer program:.util.ized. for.,bookkeeping.. ,,Councilman O'Donnell made a motion; -seconded by Councilman;.Thorpe,..to receive and . file, the Dog Quarantine Declaration received from the County Legislature. All voting aye, the motion was carried. The Dog .._.Quarantine, declares that all, dogs in Cortland County -.shall._be...securely confined until April 15, 1990, to prevent deer depredation. The Town -Board reviewed Part II of the Environmental Assessment Form relating to an application for a Special Permit received. from Suit.:Kote Corp-.,.:, RESOLUTION #31 DECLARE NEGATIVE IMPACT - SPECIAL PERMIT #17 SUIT KOTE CORP - LORING CROSSING Motion; by Councilman Rocco;.._ Seconded ---by Councilman O'Donnell VOTES,:, ALL AYE ADOPTED WHEREAS, application was made.by Suit -Kate Corp. for an Aquifer Protection Special Permit and a Public Hearing was duly held by the.Town Board, and WHEREAS, the Town Board,. as. Lead —Agency, for this project has .,reviewed the:.Environmental.,Assessment Form required per the State Environmental Quality Review Act, therefore BE IT RESOLVED, _that the,-,Town'Board does -hereby declare that the proposed project of Suit-Kote Corp. will have no significant .impact .on. the environment,., -,and RESOLVED, that the Supervisor is hereby authorized to sign a Negative Declaration regarding this application. RESOLUTION #32 APPROVE.SPECIAL PERMIT.#17 TO.SUIT- KOTE�,CORP.AT LORING:CROSSING .: Motion by, Councilman .Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the Town Board does hereby authorize approval of an Aquifer Protection Special Permit #17 of 1989 to Suit-Kote Corp. at Loring Crossing. Wednesday, January 17, 1990 Page 4 The Town Board reviewed Part II of the SEQRA Form 617.2l'in regards to the Special Permit application of Agway Energy Products. RESOLUTION #33 DECLARE NEGATIVE IMPACT - SPECIAL PERMIT #14 AGWAY ENERGY PRODUCTS - RT. 11 SOUTH Motion by Councilman Thorpe Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, application was made by Agway Energy Products for an Aquifer Protection Special Permit and a Public Hearing was duly held by the Town Board, and WHEREAS, the Town Board, as Lead Agency, for this project has reviewed the Environmental Assessment Form required per the State Environmental Quality Review Act, therefore BE IT RESOLVED, that the Town Board does hereby declare that the proposed project of Agway Energy Products will have no significant impact on the environment, and RESOLVED, that the Supervisor is hereby authorized to sign a Negative Declaration regarding this application. RESOLUTION #34 APPROVE SPECIAL PERMIT #14 TO AGWAY ENERGY PRODUCTS ON RT. 11 SOUTH Motion by Councilman Thorpe Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the Town Board does hereby authorize approval of an Aquifer Protection Special Permit #14 of 1989, to Agway Energy Products on Route 11 South. RESOLUTION #35 SET DATE FOR A PUBLIC HEARING - SPECIAL PERMIT #1e - HEALTH SERVICES MEDICAL CORP. Motion by Councilman Thorpe Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, Health Services Medical Corp. has submitted an application for a Special Permit to develop over the Aquifer, and WHEREAS, the continuing process requires a Public Hearing before this Town Board, therefore BE IT RESOLVED, that a Public Hearing shall be held on February 07, 1990 at 7:30 p.m. to review said application. Supervisor Pierce apprised the Town Board that a two day workshop will be held at Cornell University on March 15th and March 16, 1990. This is sponsored by EPA and DEC. Nancy Jarvis, of the County Planning Dept. is requesting that everyone, if possible, to attend. 1 1 1 Wednesday, January 17, 1990 Page 5 RESOLUTION #36 APPROVE TRAILER PARK RENEWAL PERMIT FOR 1990 - MT. VISTA ENTERPRISES (MVE HOMES) Motion by Councilman Rocco Seconded by Councilman Thorpe VOTES: 'ALL AYE ADOPTED WHEREAS, Philip D. Simon, Treasurer, has submitted an application for renewal of the Mount Vista Enterprises Inc. (MVE) Trailer Park permit, and WHEREAS, the proper application fee has been submitted to the Town Clerk, and' WHEREAS, Code Enforcement Officer, Bruce Weber has reviewed said application and found it to be in proper order, therefore BE IT RESOLVED, that the Town Clerk is hereby authorized and directed to issue a trailer park renewal permit, for one year, to Mount Vista Enterprises, Inc. (MVE). RESOLUTION #37 APPROVE TRAILER PARK PERMIT RENEWAL FOR 1990 -- C&H TRAILER PARK Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES:. ALL AYE ADOPTED WHEREAS, Robert Bean has submitted an application for the renewal of the C&H Trailer Park permit, and WHEREAS, Town Code Enforcement Officer, Bruce Weber has inspected such premises and found these premises to be in order, therefore BE IT -RESOLVED, that the Town Clerk is hereby authorized and directed to issue a trailer park renewal permit, upon receipt of application and fees, good'for one year to Robert Bean, for the C&H Trailer Park. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file the Town Clerk's 19e9 Annual Report. All voting aye, the motion was carried. RESOLUTION #38 AUTHORIZE HIGHWAY SUPERINTENDENT TO LET OUT FOR BID ONE NEW DUMP BOX AND SNOWPLOW EQUFPMENT Motion by Councilman O'Donnell Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the Highway Superintendent, Carl Bush is hereby authorized to let -out for bid for One New Dump Box and Snowplow Equipment, and further RESOLVED, that such bids shall be opened on March 05, 1990 at 3:00 p.m., and the bid shall be awarded on March 07, 1990 at 7:30 p.m. 250 Wednesday, January 17, 1990 :Page 6 RESOLUTION #39 ADOPT ORDER PURSUANT:TO.TOWN LAW SECTION 209-q (3) "FAIRVIEW DRIVE/ McLEAN ROAD WATER PROJECT - 1990" Motion by Councilman Thorpe Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, there was filed in the Office of the Town Clerk of the Town of Cortlandville, Cortland -County, New York, general plans, map and engineering report relating to the construction of a water improvement extension along Fairview Drive from MacBean Lane to and westerly along McLean Road to Deerfield Heights, as required by Section 209-q and 209-c of the Town Law, and are available for public inspection, and WHEREAS, the proposed, improvement consists of easements and other land acquisition, sitework, land surveys, soil borings, the installation of and the construction of 7400 feet of new water main, hydrants and connections, and other items in accordance with the said plans now on file in the Office of the Town Clerk of the Town of Cortlandville, and WHEREAS, the maximum amount proposed to be expended for said improvement is $280,000.00, and WHEREAS, the proposed method of financing the said improvement is by the issuance of bonds by the Town of Cortlandville for a maximum term of twenty years at prevailing interest; all costs, including the principal and interest on said bonds or other obligations authorized to be issued shall be borne by the lands benefited by such improvement and•such costs shall be assessed, levied and collected from the several lots or parcels of land within said Town of Cortlandville in just proportion to the amount of benefit which the improvement shall confer upon such lots or parcels; it is further hereby proposed that all lots or parcels in the Town of Cortlandville outside of Villages, capable of being serviced by the "Article 12-C" Water Improvements heretofore and hereafter provided, are lots or parcels benefited by the proposed water improvements; and the cost of the proposed water project and all previous improvements shall be spread upon and over the enlarged benefited area, all of such improvements constituting one water system, such system being described by and including the areas set forth in the "Highland Road Water Storage Tank Construction" Resolution adopted by this Board on October 4, 1989, and the following parcels designated on the 1989 Cortland County Real Property Tax Maps as Cortlandville tax parcels: Tax Mao 95.00-01: Parcels: 19, 20, 23.1, 23.2, 24, 25, 43 and 44. Tax Map 95.14-01: Parcels: 08, 09, 107 11, 12, 13, 14, 15, 16, 19, 20, 21, 22, 25, 26, 27, 28, 29.1 and 29.22. Tax Map 95.15-01: Parcels: 01, 02, 03, 04, 07, 08, 09, 10 and 11. Tax Map 95.11-01: Parcels: 62, 64, 65, 66, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, and 82. Wednesday, January 17, 1990 Page 7 25.1 LEI Tax Map 95.13-01: Parcel: 0e. WHEREAS, it is further proposed that the costs of management; maintenance, operation and repair of said improvement of: services shall be a charge upon the area of the Town of Cortlandville outside of Villages and shall be —levied and collected in the same manner and at the same time as other Town charges, provided that it is the intention of the Town Board that such costs will be raised in the first instance. from water rates, charges and fees upon all lots or parcels heretofore and hereafter serviced by Town Law Article 12-C Water Improvements, and WHEREAS, an Environmental Assessment Form has been prepared pursuant to the State Environmental Quality Review Act, and is available for review by the public at the Cortlandville Town Hall, IT IS HEREBY ORDERED, that a meeting of the Town Board of the said Town of Cortlandville shall be held at the Town Hall, 15 Terrace Road, Cortland, New York on the 7th day of February, 1990 at 7:30 o'clock p.m. of that day to hear all persons interested in the proposed water improvement, and for such other action of said Town Board with relation to the said water improvement as may be required by law or be deemed proper., RESOLUTION #40 ADOPT ORDER PURSUANT TO'TOWN LAW SECTION 209-q (3), "McLEAN:ROAD SEWER PROJECT . 1,990 ". Motion by Councilman Thorpe Seconded by Councilman Rocco VOTES: ALL AYE =ADOPTED WHEREAS, there was filed in -the Office of the Town Clerk of the Town of Cortlandville,-Cortland County, New York, general plans relating to the establishment of a sewer improvement project for McLean Road westerly from Luker Road to Deerfield Heights -and designated "McLean Road Sewer Project-1990",, as required by.Section 209-q and 209-c of the Town Law, and are available for public inspection, and I i WHEREAS, the, proposed_impr.,ovement,�, consists of the extension of sewer lines.from Luker Road westerly along McLean Road for,,approximately 6700 :feet. to Deerfield Helights in -accordance with :the said plans now on file in they --Office of the . Town Clerk of, the - Town of Cor. t 1 andv i l l ey and; WHEREAS, the maximum.amount.proposed to be expended for said improvement is $470,000.00, and WHEREAS, the . ; proposed � � method of financing, of , said ;improvement is byithe. issuance of bonds by the Town of Cortlandville for a maximum:,term of twenty years at prevailing interest; all costs, shall be borne by the lands,benefited by,such improvement and such costs shall be assessed, levied and,coldec,ted from the several lots or parcels -of land within said,,Town of Cortlandville in just proportion to the amount of benefit which the improvement shallconfer . upon , such. lots . �or parcels; it is,.further hereby proposed that all lots�.or parcels in the Town.of Cortlandv,i11e,­outs.ide:.of :Villages;, capable of, ., being , serv,iced , by . the, "Article. 12-C": Sewer Improvements heretofore and hereafter provided, are,lots or parcels benefited by the proposed sewer improvement; 252 Wednesday, January 17, 1990 Page 8 and the cost of the proposed sewer project and all previous improvements shall be spread upon and over the enlarged benefited area, all of such improvements constituting one sewer system, such system being described by and including the areas set forth in the "Rt. 281/Groton Avenue Plaza Sewer Project - 1990" Resolution adopted December 20, 1989 and the following parcels designated on the 1989 Cortland County Real Property Tax Maps as Cortlandville tax parcels: Tax Map 95.00-01: Parcels: 19, 20, 23.1, 23.2, 24, 25, 43, 44 Tax Map 95.14-01: Parcels: OB, 09, 10, 11, 12, 13, 14, 15, 16, 19, 20, 21, 22, 25, 26, 27, 28, 29.1, 29.21 and 29.22. Tax Map 93.15-01: Parcels: 01, 11. Tax Map 95.11-01: Parcels: 62, 72, 81 Tax Map 95.13-01: Parcel: 08. 02, 03, 04, 07, 08, 09, 10 and 64, 65, 66, 67, 68, 69, 70, 71, 73, 74, 75, 76, 77, 76, 79, 80, and 82. WHEREAS, it is further proposed that the costs of management, maintenance, operation and repair of said improvement or services shall be a charge upon the area of the Town of Cortlandville outside of Villages and shall be levied and collected in the same manner and at the same time as other Town charges, provided that it is the intention of the Town Board that such costs will be raised in the first instance from sewer rates, charges and fees upon all lots or parcels heretofore and hereafter serviced by Town Law Article 12-C Sewer Improvements, and WHEREAS, a short Environmental Assessment Form has been prepared pursuant to the State Environmental Quality Review Act, and is available for review by the public at the Cortlandville Town Hall, IT IS HEREBY ORDERED, that a meeting of the Town Board of the said Town of Cortlandville shall be held at the Town Hall, Terrace Road, Cortland, New York on the 7th day of February, 1990 at 7:30 o'clock p.m. of that day to hear all persons interested in the proposed sewer improvement, and for such other action of said Town Board with relation to the said sewer improvement as may be required by law or be deemed proper. RESOLUTION #41 ADOPT ORDER PURSUANT TO TOWN LAW SECTION 209-q (3) "RT. 13/ PYRAMID MALL WATER PROJECT - 1990" Motion by Councilman Thorpe Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, there was filed in the Office of the Town Clerk of the Town of Cortlandville, Cortland County, New York, general plans, map and engineering report relating to the construction of a water improvement extension to enhance the looping of the water distribution in the area of Rt 13, Lime Hollow Road and Pyramid Mall, as required by Section 209-q and 209-c of the Town Law, and are available for public inspection, and 1 1 1 Wednesday, January 17, 1990 Page 9 53 1 d WHEREAS, the proposed, improvement consists of easements and .other land acquisition, sitework, land surveys, soil borings, the installation of and the construction of 1300 feet of new water main, hydrants and connections, and other items in accordance with the said plans now on file -in the Office of the Town Clerk of the Town of Cortlandville, and WHEREAS, the maximum amount to be expended for said improvement is $90,000.00, and WHEREAS, the proposed method of financing the said improvement is by the issuance of bonds by the Town of Cortlandville for a maximum term of twenty years at prevailing.inter.est; all costs, including..the principal and interest on said bonds. or ..other, obligations authorized to;..be issued -shall be borne by:.the-lands benefited by such improvement and such costs shall be assessed,.levied.. and collected from the several lots or parcels of land within. said Town, of .Cortlandvil-le in just... proportion to the amount, of benefit which the improvement shall confer upon such lots ,or parcels; it is further hereby.proposed" that all lots -or. -parcels in the Town of Cortlandville outside of Villages, capable of_.. .being serviced ,by. . the, "Article 12-C" Water Improvements heretofore and hereafter provided,,are lots or parcels benefited by the proposed water improvement; and the cost of. the proposed. :water:,project.-and all previous improvements shall be spread upon,and over the enlarged benefited area;i all of• such ,improvements constituting one water, system,.such system being described by.and including the areas. -set forth, in the "Fairview -Drive / McLean Road Water; -Project - 1990" Order.adopted by this Board on January 17, 1990, and WHEREAS, it is further, proposed that the, costs of management, maintenance, operation -and repair of said improvement of services shall be,a charge upon. the area of. the Town of Cortlandville outside of -Villages and shall be -levied and.collected in the.same, manner and at the. -same time as.other Town charges; provided that it is the intention of the.Town.Board that such costs will be raised in. the .first instance from water -.rates, charges and _fees. upon all lots -or parcels;. heretofore and hereafter serviced by Town. Law Article.,12-C Water Improvements, and WHEREAS, an Environmental prepared pursuant to. the Review Act, and is available the Cortlandville Town Hall, Assessment Form has been State Environmental Quality for-.revkew-by the public at IT IS HEREBY ORDERED, that a meeting of the Town Board of the said Town of Cortlandville shall be held at the Town Hall,. Terrace Road, Cortland,.New.York:on the 7th day of -February, 1990 at 7,30 o'-clock p.m. of that day to hear all -persons interested in the proposed;water improvement, and for. such other action of said Town Board with relation to.the said water improvement as may be .required by law, or be. deemed proper..,;.. 254 Wednesday, January 17, 1990 Page 10 RESOLUTION #42'' ADOPT'ORDER' PURSUANT TO TOWN LAW SECTION 209-q (3) "MARYLAND AVENUE SEWER PROJECT - 1990" Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, there was filed in the Office of the Town Clerk of the Town of Cortlandville, Cortland County, New York, general plans relating to the establishment of a sewer improvement project for Maryland Avenue originating at a Village of Homer trunk sewer manhole on N. Homer Avenue extending westward to the end of the dedicated street and designated "Maryland Avenue Sewer Project - 199011, as required by Section 209-q and 209-c of the Town Law, and are available for public inspection, and WHEREAS, the proposed improvement consists of the extension of sewer lines from N. Homer Avenue along Maryland Avenue for approximately 400 feet in accordance with the said plans now on file in the Office of the Town Clerk of the Town of Cortlandville, and WHEREAS, the maximum amount proposed to be expended for said improvement is $30,000.00, and WHEREAS, the proposed method of financing of said improvement is by the issuance of bonds by the Town of Cortlandville for a maximum term of twenty years at prevailing interest; all costs, shall be borne by the lands benefited by such improvement and such costs shall be assessed, levied and collected from the several lots or parcels of land within said Town of Cortlandville in just proportion to the amount of benefit which the improvement shall confer upon such lots or parcels; it is further hereby proposed that all lots or parcels in the Town of Cortlandville outside of Villages, capable of being serviced by the "Article 12-C" Sewer Improvements heretofore and hereafter provided, are lots or parcels benefited by the proposed sewer improvement; and the cost of the proposed sewer project and all previous improvements shall be spread upon and over the enlarged benefited area, all of such improvements constituting one sewer system, such system being described by and including the areas set forth in the "McLean Road Sewer Project - 1990" Order adopted January 17, 1990 and the following parcels designated on the 19B9 Cortland County Real Property Tax Maps as Cortlandville tax parcels: Tax Map 76.15-01: Parcels: 10, 11, 14, 15, and 16. WHEREAS, it is further proposed that the costs of management, maintenance, operation and repair of said improvement or services shall be a charge upon the area of the Town of Cortlandville outside of Villages and shall be levied and collected in the same manner and at the same time as other Town charges, provided that it is the intention of the Town Board that such costs will be raised in the first instance from sewer rates, charges and fees upon all lots or parcels heretofore and hereafter serviced by Town Law Article 12-C Sewer Improvements, and WHEREAS, a short Environmental Assessment Form has been prepared pursuant to the State Environmental Quality Review Act, and is available for review by the public at the Cortlandville Town Hall, 255 Wednesday, January 17, 1990 Page 11 IT IS HEREBY ORDERED, that a meeting of the Town Board of the said Town of Cortlandville shall be held at the Town Hall, Terrace Road, Cortland, New York on the 7th day of February, 1990 at 7:30 o'clock p.m. of that day to hear all persons interested in the proposed sewer improvement, and for such other action of said Town Board with relation to the said sewer improvement as may be required by law or be deemed proper. Attorney Rumsey apprised the Town Board that it has been suggested to him that we consider packaging our bonds and go out for public bid on these. We might get a better rate and there are other advantages to be considered. A discussion followed concerning this and the future expansions that are forthcoming. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to recess the regular meeting and convene to an executive session in the matter of a personnel problem. All voting aye, the motion was carried. The following information was received from the Supervisors Councilman Testa made a motion, seconded by Councilman O'Donnell, to adjourn the Executive Session and reconvene the regular meeting. No action was taken. Councilman Thorpe made a motion, seconded by Councilman Testa, to adjourn the meeting. All voting aye, the motion was carried. The meeting was adjourned at 9:35 p.m. Respectfully submitted, Pauline H. Parker, CMC Town Clerk Town of Cortlandville