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HomeMy WebLinkAbout10-18-1989Wednesday, October 18, 1989 7:30 P.M. PUBLIC HEARING SPECIAL PERMIT - EMPIRE VISION - RT. #13 A Public Hearing was held at the Town Hall, 15 Terrace Road, Cortland, New York, at 7:30 p.m., concerning the application of Stephen Cluggish of Empire Vision for a Special Permit to develop over the Aquifer. (`Members Present: Supervisor, Melvin Pierce Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, Ronal Rocco Town Clerk, Pauline Parker Absent: Councilman, Raymond Thorpe Others present were Attorney, Phillip Rumsey; Code Enforcement Officer, Bruce Weber; Highway Sup't., Carl Bush; Stephen Cluggish of Empire Vision; John and Mary Ann Bishop; Robert Fox of Yaman Real Estate; Mr. William Porter; Mr. Leon Bogardus, and Mr. Harwood Spaulding. LEGAL NOTICE TOWN OF CORTLANDVILLE AQUIFER PROTECTION PERMIT HEARING Notice is hereby given that pursuant to Section 8 A.8 of the Town of Cor- tlandville Zoning Law, a . public hearing will be held before the Town Board of the Town of Cortlandville, Cortland County, New York . at the Town Hall, 15 Ter- race Road, Town of Cor- tlandville, New York on October 18, 1989, at '5:3Q o'clock p.m. concerning the application for a special permit. The application is for a special permit for the con- struction, use and occupon-' cy of a 4,000 square foot building for use as a retail and Professional office for a full service optical center by Stephen Cluggish on... behalf of Empire Vision., Said use is proposed on a' parcel of land of opprox-; imately 1.4 acres on N.Y.S.' Route 13. Said parcel is owned by"' Paul Peterson in the Town of Cortlandville and known as Tax Map Parcel 95.16- , 01-22. The property is located in the Primary Aquifer area of the Aquifer Protection District of the Town of Cortlandville and is in a zoning district designated Business. At the time and place of said hearing all parties in interest and citizens shall have an opportunity to be heard. Dated: October 6, 1989. PAULINE H. PARKER, TOWN CLERK Town of Cortlandville 15 Terrace Road Cortland, New York, 13045 236-1t The Public Hearing was called to order by Supervisor Pierce at 7:30 p.m. The Town Clerk real aloud the Legal Notice as shown: Supervisor Pierce offered those in attendance the privilege of the floor. No questions nor comments were heard. The application has been approved by all necessary boards of the reviewing process. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to adjourn the Public Hearing. All voting aye, the motion was carried. audit of bills Wednesday, October 18, 1989 TOWN BOARD MEETING The Regular Town Board Meeting of the Town Board of the Town of Cortlandville was held at the Town Hall, 15 Terrace Road, Cortland, New York, with Supervisor Pierce presiding. Members Present: Supervisor, Melvin Pierce Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, Ronal Rocco Town Clerk, Pauline Parker Absent: Councilman, Raymond Thorpe Others present were Town Attorney, Phillip Rumsey; Code Enforcement Office, Bruce Weber; Highway Sup't, Carl Bush; Stephen Cluggi.sh of Empire Vision; Bob Fox of Yaman Real Estate; Mr. & Mrs. John Bishop; Mr. William Porter of Groton Ave. Plaza; Mr. Leon Bogardus of Agway Energy Products; Mr. Harwood Spaulding of Peck Furniture, and Mr. Steve Curtis and Mr. Dan Overly of V.I.P. Structures. The meeting was called to order by Supervisor Pierce at 5:40 o'clock p.m., following the salute to the flag and a Public Hearing regarding a Special Permit for Empire Vision. A motion was made by Councilman Testa, seconded by Councilman O'Donnell, to approve, as written, the Town Board minutes of September 20, 1989. All voting aye, the motion was carried. A motion was made by Councilman Testa, seconded by Councilman O'Donnell, to receive and file the Town Planning Board minutes of September 26, 1989. All voting aye, the motion was carried. RESOLUTION #258 AUTHORIZE PAYMENT OF VOUCHERS - OCTOBER Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers #320 - 341 7,795.13 General Fund B 117 - 122 1,670.81 Highway Fund 304 - 316 42,644.42 Water Fund 142 - 149 51,130.60 Sewer Fund 70 - 75 1,396.47 Capital Projects 91 - 95 48,357.37 Reports of various departments are on the table for review and can be seen in the Town Clerk's office, upon request. Wednesday October 18, 19B9 Page 2 A motion was made by Councilman Rocco, seconded by Councilman O'Donnell, to receive and file the letter written to RECEIVE City of Cortland Mayor, Martin Mack. All voting aye, the motion & FILE was carried. LETTER The letter requested permission to use the monies normallyM0NZES �� paid to E.D.C. to be returned to the Town for funding future �^ ^ ~ sewer expansions in the Town. Councilman Testa made a motion, seconded by Councilman receive & O'Donnell, to receive and file the letter sent to Mr. James Yamanf iI* Iett* of Yaman Real Estate. All voting aye, the motion was carried. Yaman Real The letter advised of our intent to proceed with extending Estate the Town sewer lines on Rt #I3. Councilman Rocco made a motion, seconded by Councilmanreceive & Testa, to receive and file a letter sent to Niagara Mohawk Power �iIe.Ietto� Corp.. All voting aye, the motion was carried. lzgzto on The letter confirmed our request for installation of fourM«Lean k street lights near the intersection of McLean Road and Luker Luker Rd. Road. Councilman O'Donnell made a motion, seconded by Councilman receive & Testa, to receive and file a Thank You note received from town iIe Thank resident, Brain Wilbur, 1656 Lighthouse Hill Rd, All voting aye, you reside the motion was carried. � use �zz� The note expressed thanks for our efforts in regards to lowering the speed limit and attempts to correct their concerns at the intersection of Lighthouse Hill Road and Locust Ave. A discussion followed about the trucks parked beside the road near the intersection. Councilman Rocco reported that the sheriffs department has advised that they could do nothing about the trucks because the Town does not have a Parking Ordinance. Neither does our Zoning Regulations apply. RESOLUTION #259 AUTHORIZE SUPERVISOR TO WRITE COUNTY HIGHWAY Parking SUP'T REGARDING PARKING ON LIGHTHOUSE HILL - Lighthoos Hill Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, a town resident appeared before this board and requested action to be taken to eliminate the parking of large trucks near the intersection of Lighthouse Hill Road and Locust Ave as they have created a safety concern, and WHEREAS, the concern has been investigated and our current regulations do not apply, and WHEREAS, such road is a County Road, therefore BE IT RESOLVED that Supervisor Pierce is requested to write a letter to the Cortland County Highway Sup.t and advise them of the problem and request them to erect a "No Parking" sign near the intersection of Lighthouse Hill Road and also Locust Ave. RESOLUTION # 260 DECLARE NEGATIVE IMPACT - EMPIRE VISION - SPECIAL PERMIT - RT. #13 Special permit Motion by Councilman O'Donnell Empire Seconded by Councilman Rocco Vision VOTES: ALL AYE ADOPTED Wednesday October 18, 1989 Page 3 WHEREAS, application was made by Stephen Cluggish, on behalf of Empire Vision, for an Aquifer Special Permit and a Public Hearing was duly held by the Town Board, and WHEREAS the Town Board, as Lead Agency of this project, has reviewed the Environmental Assessment Form required per the State Environmental Quality Review Act, therefore BE IT RESOLVED, that the l"own Board does hereby declare that the proposed project of Empire Vision, will have no significant impact on the environment, and further RESOLVED, that the Supervisor is hereby authorized to sign a Negative Declaration regarding this application. RESOLUTION # 261 APPROVE SPECIAL PERMIT TO EMPIRE VISION Approve ON RT . # 13 Empire Vision Special Permit Motion by Councilman Rocco Seconded by Councilman ❑'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the Town Board does hereby authorize approval of an Aquifer Protection Special Permit, No. 11 of 1989, to Empire Vision, located on Rt #13., pursuant to the Town Zoning Law. RESOLUTION #262 REQUEST SUPERVISOR TO WRITE LETTER TO McGRAW FIRE CHIEFS REGARDING PUMPER CONNECTIONS IN THE POLKVILLE AREA Pumper Connections Motion by Councilman Rocco Polkville Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, the past Fire Chief, Fred Fuller and the current Fire chief, Jay Cobb, of the McGraw Fire Department have expressed concern regarding installation of a fire hydrant and availability of water for them in case of need, in the Polkville area, and WHEREAS Supervisor Pierce reported that the lines have been purchased by us, but the project has not been completed due to unexpected circumstances, however, it was recently reported to him that this would be completed soon, and WHEREAS, Supervisor Pierce also reported that a fire hydrant would not be placed there, but two pumper connections would be made available to the fireman, at all. times and arrangements have been made to accommodate snow removal, therefore BE IT RESOLVED that Supervisor Pierce is hereby requested to write a letter to Mr. Fred Fuller and Mr. Jay Cobb advising them of the matter. Councilman O'Donnell made a motion, seconded by Councilman receive & Rocco, to receive and file the letter- received from NYS Dept of file letterTransportat ion. All voting aye, the motion was carried. NYS Dept The letter acknowledged receiving our request to have the speed Limitspeed limit reduced on the McLean Road. McLean Rd. Wednesday October 18, 19B9 Page 4 Councilman O'Donnell made a motion, seconded by Councilman receive & Testa, to receive and file the notification from NYB Dept. of Ag f iIe Iettez and Markets. All voting aye, the motion was carried. The letter was relating to the avaiIability of financia^� �� & Maxkete grants to encourage Farmers Markets in New York State. RESOLUTION 0263 RESCHEDULE NOVEMBER TOWN BOARD MEETINGS reschedule November Motion by Councilman O'Donnell Towu13D, Seconded by Councilman Rocco Meetings VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the Town Board Meetings for the month are hereby rescheduled from November 1, 1989 to November B` 19B9 and the mid -month meeting from November 15, 1989 to November 22, 1989. RESOLUTION #264 ADOPT TOWN OF CORTLANDVILLE ORDER PURSUANT TO aduptRt1� TOWN LAW SECTION 209-q (3) "N.Y,S. RT. 13/ &Rt 281 N.Y.S. Rt. 281 SEWER IMPROVEMENT" EXTENSION sewer AND SET DATE FOR PUBLIC HEARING ' vamac Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, there was filed in the Office of the Town Clerk of the Town of CortIandville, Cortland County, New York, general plans, map and engineering report relating to the construction of a public sewer service extension to include the areas near the intersection of N.Y.S. Rt. 13 and N.Y.S. Route 281, 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, the installation of approximately 540 feet of sewer main, service connection, and other items in accordance with the said plans now on file in the Office of the Town Clerk of the Town of CortIandviIle, and WHEREAS, the maximum amount proposed to be expended for said improvement is $50,000.00, and WHEREAS, the proposed method of financing the said improvement is by the issuance of bonds by the Town of CortIandville 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 CortIandviIle 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 sevier system, such system being described by and including the areas set forth in the following parcels designated on the 1999 Cortland County Real Property Tax Maps as Cortlandville tax parcels: 184 Wednesday October 18, 1989 Page 5 Tax Map 76.19-01: Parcels: 33, 34, 35 and 36.2. Tax Map 86.13-01: Parcels: 13, 15, 16, 17, 22, 25, 26, 27, 28, 29, 30, 31, 32, 33, 36, 37.2, 47, 53, 54, 55.12, 55.21, 56, 57.1, 57.2, 58.1, 60, 61, 62, 63 and 65.2. Tax Map 87.00-01: Parcels: 19.1, 20.11, 20.20, 21, 22, 23, 24 and 62. Tax Map 87.00-02: Parcels: 01, 05, 09 and 10. Tax Map 87.04-01% Parcels: 02, 05, 06, 09, 09, 12, 14 and 15. Tax Map 87.13-01: Parcel: 41. Tax Map 88.00-01: Parcels: 41 and 79. Tax Map 95.00-01: Parcel: 51 Tax Map 95.00-05: Parcels: 09 and 13-A. Tax Map 95.12-01: Parcels: 01, 02, 03, 06.1, 07, 08, 09, 10, 11, 12, 13, 14, 15.1, 15.2, 16, 17, 18, 21-A, 22, 23 and 24. Tax Mao 95.16-01: Parcels: 09, 19, 21, 22 and 23. Tax Map 95.16-02: Parcels: 44, 45, 46, 47, 48, 50, 71.2, 72, 73, 74, 75, 76, 77 and 78. Tax Map 95.20-01: Parcels: 01, 03.1, 03.2 and 04. Tax Map 96.05-01: Parcels: 10, 11, 12, 13, 14, 15, 17, 18, 19, 20 and 37. Tax Map 96.05-02: Parcels: 01, 02, 03, 04, 05, 06, 07, O8, 09, 10, 12, 13, 14, 15, 16, 17, 18 and 19. Tax Mao 96.06-01: Parcels: 01, 02, 04, 05, 06, 07, 08, 09, 10, 11, 12, 13, 14, 15.1 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32 and 44. Tax Map 96.09-01: Parcels: 01.1, 02.2, 04, 05, 24, 25, 26, 27, 28, 29, 32, 36, 37, 40, 41, 42, 43.11, 43.2. 44, 45 and 60. Tax MaD 96.09-02: Parcels: 01, 02, 06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 38.1, 38.2, 39, 40, 41, 42, 43, 44.2, 45, 46, 47, 53.111, 53.112 and 53.2. Tax Map 96.10-01: Parcel 06 and 07. 1 1 1 Wednesday October 18, 1989 x Map 96.10-02: Parcels: 01 and 02. Tax Map 96.13-01: Parcels: 01 and 02. Tay; Map 97.00-01: Parcel: 07. Tax Map 97.02-01: Parcels: 01, 021 03, 04, 06, 24 and 25. Tax Map 105.00-01: Parcel: 22. Tax Map 105.08-01: Parcels: 01, 02, 03, 06, 07 and 14. Page 6 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, 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, Terrace Road, Cortland, New York on the 8th day of November, 1989 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 #265 REFERRAL TO TOWN PLANNING BOARD - SPECIAL PERMIT # 13 - PECK FURNITURE INC. special permit Motion by Councilman O'Donnell Peck Seconded by Councilman Testa Furniture VOTES: ALL AYE ADOPTED. WHEREAS, application has been made by Peck Furniture Inc. to develop over the Aquifer, and WHEREAS, Mr. Harwood Spaulding, Vice President was in attendance and explained their desire to put an addition on their existing building, and answered questions, therefore BE IT RESOLVED, that the application for a Special Permit by Peck Furniture Inc. is hereby referred to the Cortlandville Planning Board for their review and recommendation. special permit V.I.P. structures Wednesday October 18, 1989 Page 7 RESOLUTION #266 REFERRAL TO TOWN PLANNING BOARD - SPECIAL PERMIT #15 V.I.P STRUCTURES INC. Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS application has been made by V.I.P. Structures Inc. to develop over the Aquifer, and WHEREAS Mr. Steve Curtis and Mr. Dan Overly were in attendance and explained their desire to build a truck terminal on Rt. #13 and have answered all questions asked by the Town Board, therefore BE IT RESOLVED that the application for a Special Permit by V.I.P. Structures, Inc. is hereby referred to the Cortlandville Planning Board for their review and recommendation. RESOLUTION #267 REFERRAL TO TOWN PLANNING BOARD - SPECIAL special permit PERMIT # 16 - WM . PORTER & 281 GROTON CORP. Wm. Porter& Groton Corp. Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, application has been made by Wm. Porter & 281 Groton Corp., to develop over the Aquifer, and WHEREAS Mr. Porter was in attendance and presented his plans to add an additional structure and improvements at the Groton Ave. Plaza, and has answered all concerns of the Town Board, therefore BE IT RESOLVED that the application for a Special Permit by Wm. Porter, & 281 Groton Corp., is hereby referred to the Cortlandville Planning Board for their review and recommendation. special RESOLUTION #268 REFERRAL TO TOWN PLANNING BOARD - SPECIAL permit PERMIT #14 AGWAY ENERGY PRODUCTS Agway Energy Products Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, application has been made by Agway Energy Products to develop over the Aquifer, and WHEREAS, Mr. Leon Bogardus, Manager was in attendance and explained the need to update and install new storage tanks at their location on Rt. #11 in Polkville, therefore BE IT RESOLVED that the application for a Special Permit by Agway Energy Products, is hereby referred to the Cortlandville Planning Board for their review and recommendation. set date RESOLUTION #269 SET DATE FOR A PUBLIC HEARING - 1990 Public Hearing PRELIMINARY BUDGET AND PROVIDE COPIES preliminary budget Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED that a Public Hearing shall be held on November- 8, 1999 at 7:30 p.m. at the Town Hall to review the 1990 Town of Cortlandville Preliminary Budget, and further 1 1 u 1 1 Wednesday October le, 19e9 Page 8 RESOLVED, that the Town Clerk shall prepare 20 copies of such preliminary budget to have accessible for public review. RESOLUTION #270 REQUEST NUCLEAR SITING COMMISSION TO HOLD Nuclear MEETINGS LOCALLY -commission Motion by Councilman Testa hold meetin Seconded by Councilman O'Donnell locally VOTES: ALL AYE ADOPTED WHEREAS, meetings in regard to the establishment of a nuclear - disposal area for New York State are currently held in Albany and it is very difficult for persons who live in and near- the counties which have been designated as prospective hosts of the site to attend these meetings, therefore BE IT RESOLVED, that this Board does hereby request that the Nuclear Siting Commission hold meetings pertaining to the five proposed sites for the establishment of a nuclear disposal in New York State in the counties which have tentatively been designated for the site rather than in Albany for the convenience of local persons interested in attending such meetings, and further RESOLUTION #271 TABLE AND REFER TO TOWN ATTORNEY FOR REVIEW - LOCAL HIGHWAY DEBRIS LAW Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, Highway Sup't., Carl Bush provided information allowing local officials to increase fines for dumping debris on town highways from $10 to a maximum of $100, and WHEREAS more information is needed regarding this, therefore BE IT RESOLVED, that action by this board is hereby tabled pertaining to Local Highway Debris (Chapter- 492) and further RESOLVED, that the Town Attorney is requested to investigate this matter and report his findings to the Town Board. review local highway debris l a�, RESOLUTION #272 AUTHORIZE TOWN ENGINEER TO CONTRACT FOR maintenancE MAINTENANCE EVALUATION OF EXISTING WATER TANK evaluation existing Motion by Councilman O'Donnell water tank Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, the existing water- tank was built SO years ago and it has been recommended by the Town Engineerto contract with a firm to do a complete maintenance evaluation of the existing tank, and WHEREAS it would be beneficial to the Town to complete this process before we build the new tank to be able to make important decisions, and WHEREAS, a proposal has been submitted by Robert L. Merithew, Inc, and copies have been reviewed by the Town Board, therefore BE IT RESOLVED that the Town Engineer is hereby authorized to contract with Robert L. Merithew, Inc. of Raynham Center, Massachusetts, for a maintenance evaluation of our water tank at a cost not to exceed $1,650.00. Wednesday October 18, 1989 Page 9 RESOLUTION #273 AUTHORIZE SUPERVISOR TO SEND LETTER TO THE patrolling of COUNTY SHERIFF TO REQUEST PATROLLING OF LOOPE Loope Road ROAD - A TOWN ROAD Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, a letter was received from County Legislator, Frank Barbieri, advising that many residents are concerned about speeding vehicles on the Loope Road which poses a threat to the safety of residents and the many children in the area, therefore BE IT RESOLVED, that Supervisor Pierce is requested to write a letter to the County Sheriff, advising him of this problem and request them to patrol the area more. RESOLUTION #274 SET DATE FOR PUBLIC HEARING - LOCAL LAW set Public NO. 3 OF 1989 Hearing local Law #3 of 1989 Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, that a Public Hearing shall be held on November 8, 1989 at 7:30 p.m. for Local. Law No. 3 of 1989 to provide for an amendment to Local Law No. 2 of 1983 to add regulations for flood hazard areas local law RESOLUTION #275 REFER LOCAL LAW NO. 4 OF 1989 TO TOWN #4 of 1989 PLANNING BOARD AND COUNTY PLANNING BD. Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, that Local Law No. 4 of 1989 is hereby referred to the Town Planning Board and the County Planning Board for their review and approval. A discussion was held concerning sewers at the Bell Drive area. Concern was expressed regarding having a contract with the Village of Homer to provide sewer service and also having a contract with them regarding rates and billing. It was the consensus that a committee be formed to meet with the officials of the Village of Homer. No action was taken. RESOLUTION #276 ADOPT TOWN OF CORTLANDVILLF_ ORDER PURSUANT TO adopt Bell TOWN LAW SECTION 209-q (3) "BELL DRIVE SEWER Drive sewer IMPROVEMENT" AND SET DATE FOR PUBLIC HEARING improvement Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: AYE: TESTA, O'DONNELL, ROCCO NAY: PIERCE ADOPTED Wednesday October 1.8, 1989 Page 10 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 Hell Drive westerly from the Vil.l.age of Homer sewer trunk line at N.Y.S. Rt.11 and designated "Bell Drive Sewer Improvement," 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 into the said area by construction of approximately 2,500 feet of service pipe westerly south along the former Erie Lackawana Railroad right of way along Bell Drive to the west side of N.Y.S. Rt. 281 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 $175,000.00, and WHEREAS, the proposed method of -financing of said improvement is from the Sewer Fund Surplus Account of the Town of Cortlandville; all future 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 "N.Y.S. Rt. 13/Rt. 281 Sewer Improvement" Order adopted October 18, 1989 and the following parcels designated on the 1989 Cortland County Real Property Tax Maps as Cortlandville tax parcels: Tax Map 76.14-01: Parcels: 09, 169 17, le, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 and 38. Tax Map 76.15-01: Parcels: 01, 02, 03, 04, 05, Ob, 07, 08 and 09. 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 upon all the first instance from sewer rates, charges and -fees 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 RM Wednesday October 18, 1999 Page 11 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 8th day of November, 1989 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 deemed proper. Councilman Testa made a motion, seconded by Councilman O'Donnell to adjourn the meeting. All voting aye, the motion was carried. The meeting was adjourned',a-tt 8:30 P.M. rRespectfully sub itted, Pauline H. Parker CMC Town Clerk Town of Cortlandville 1 C