HomeMy WebLinkAbout10-04-1989170
Wednesday October 04, 1989 7:30 P.M:
PUBLIC HEARING
SPECIAL PERMIT - BESTWAYENTERPRI-SES - LUKER ROAD
A Public Hearing was held at the Town Hall, 15 Terrace Road,
Cortland, NY, at 7:30 p.m., concerning the application of Bestway
Enterprises for a Special Permit to develop over the Aquifer.
Members present: Supervisor Melvin Pierce
Councilman Edwin O'Donnell
Councilman Raymond Thorpe
Councilman Ronal Rocco
Town Clerk Pauline H. Parker
absent: Councilman Theodore Testa
Others present were Town Attorney, Phillip Rumsey; Town CEO,
Bruce Weber; Town Highway Superintendent, Carl Bush; Manager,
Robert Risavi and Attorney, Tom Gilhooley, representing Bestway
Enterprises, and Bob Fox, of Yaman Real Estate; Newsreporter,
Mike Middlestat and town resident, Diane Demeree.
LEGAL NOTICE
TOWN OF
CORTLANDVILLE
AQUIFER PROTECTION
PERMIT HEARING
Notice is hereby given
that pursuant to Section
BA.8 of the Town of Cort-
landville 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 Cort-
landville, New York on Oc-
tober 4, 1989 at 7:30 o'clock
p.m. concerning the ap-
plication for a special per-
mit. The application is 'for' a'
special permit for the con-
struction, use and occupan-
cy of a 28,800 square feet
metal building with con-
crete floor and open sides',
for the storage of pressure'
treated lumber by`Bestway
Enterprises, Inc. Said use
is proposed on a parcel of
land of approximately .80-
acre on the southeast side'
of Luker Road and is a poi
Lion of a 26.3 acre parcel,
owned by Joseph -and Ben!
ny Gunzenhauser in the
Town of Cortlandville and
known as Tax Map Parcel
95.00-05-10. 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
,inter st and citizens shall
havean opportunity to be
heard.
Dated:
September 21, 1989
PAULINE H. PARKER,
-,TOWN CLERK
Town of Cortlandville
15 Terrace Road
-ortland, New York 13045. ,
224-1t.
The Public Hearing was called to
order by Supervisor Pierce at 7:30 p.m.
The Town Clerk read aloud the
Legal Notice as shown:
Supervisor Pierce offered those
present the privilege of the floor.
A
Attorney, Tom Gilhooley,
representing Bestway Enterprises,
explained that after the meeting
with the Planning Board they decided to
put a cover over the building to house
the lumber. It will also have a
concrete floor.
Councilman O'Donnell expressed
pleasure of the decision made. It will
be a benefit to everyone.
With no further comments, a motion
was made by Councilman O'Donnell,
seconded by Councilman Thorpe, to close
the Public Hearing. All voting aye, the
motion was carried.
The Public Hearing was closed at
7:40 p.m.
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Wednesday October 04, 1989 7:40 P.M.
PUBLIC HEARING
HIGHLAND ROAD WATER STORAGE TANK CONSTRUCTION
A Public
Hearing was held at the Cortlandville Town Hall, 15
Terrace Road,
Cortland, New York on
October 4, 1989, following a
Public Hearing
on Bestway Enterprises Aquifer Permit, in regards
to the Highland
Road Water Storage
Tank Construction.
Members present:
Supervisor-
Melvin Pierce
Councilman
Edwin O'Donnell
Councilman
Raymond Thorpe
Councilman
Ronal Rocco
Town Clerk
Pauline Parker
absent: Councilman Theodore Testa
Others present were Town Attorney, Phillip Rumsey; Town CEO,
Bruce Weber; Town Highway Superintendent Carl Bush; Manager,
Robert Risavi and Attorney, Tom Gil.hooley from Bestway; Bob Fox,
from Yaman Real Estate; Newsreporter, Mike Middlestat and town
resident, Diane Demeree.
n, Terrace Road, cart- The Public Hearing was called to
Ha
LEGAL NOTICE land, New York on the 4th order by Supervisor Pierce at 7: 40 p.m.
day of October, 1989 at
NOTICE OF 7:30 o'clock p.m. of that ,
PUBLIC HEARING day to hear all persons in- The Town Clerk read aloud t h e
TOWN OF terested in the proposed
CORTLANDVILLE water :mprovement, and Legal Notice as shown:
for sugi other action of
ORDER PURSUANT TO said Town Board with rela-
'OWN LAW SECTION 209-q tion to the said water im-
(3) "HIGHLAND ROAD provement as may be re- Supervisor Pierce offered those
WATER STORAGE TANK quired by law or be deem- present the privilege of the floor.
CONSTRUCTION" ed proper.
BY ORDER OF THE TOWN
Whereas, there was filed' BOARD OF THE TOWN OF
in the Office of the Town CORTLANDVILLE, NEW
Clerk of the Town of Cort- YORK.
landville, Cortland County, Adopted: Councilman O'Donnell questioned the
New York, general plans, September 20, 1989 type Of tank to be constructed.
map and engineering
report relating to the con- PAULINE H. PARKER, Supervisor Pierce indicated it
struction of a second Town TOWN CLERK
of Cortlandville public Town of Cortlandville would be a concrete tank instead of a
water storage tank on ap- 15 Terrace Road jnal-VeStOrf? type which was suggested
proximately one acre of _ortland, New York 13045. YP gg
land near Highland Road, 224.1t first by the Town Engineer. The
as required by Section 209-
q and 209-c of the Town harvestore type Would require gaskets
askets
Law, and are available for benefited by the proposed
public inspection, and water improvement; and replaced every few years. There would
Whereas, the proposed, the cost o, the proposed
improvement consists of water project and all be, no maintenance On a COneretP_ tank.
easements and other land previous improvements
acquisition, sitework, land' shall be spread upon and The concrete tank would be much larger,
surveys, soil borings, the over the enlarged to aecomodate
installation of and the con- benefited area, all of such '
struction of a water improvements constituting growth, and would blend in better With
storage tank with capacity one water system, such
of approximately 1,000 ,000 system being described by the surroundings.
gallons, service connec and including the areas set
Lion, and other items in ac- forth in the "Northwest
cordance with the said Cot' Resolution
Water lrn-
plans now on file in the Of- povemen
fice of the Town Clerk of adopted by this Board on Resident Diane Demeree Wanted to 4-low
the Town of Cortlandville. April 5, 1989, and
and Whereas, it is further how the location was chosen. It Was
Whereas, the maximum proposed that the costs of explained to her that the this location
amount proposed to be ve- mai to angce, operation pended for said improve- Was chosen because 1t 1S On the same
ment is $600,000.00, and and repair of said improve -
Whereas, the proposed ment of services shall be a elevation as the existing t am k which
method of financing the charge upon the area of -
saidimprovementisbythe the Town of Cortlandville 1S necessary, so as not to interfere
issuance of bonds by the outside of Villages and with the Water pressure.
maximum of Cortlandville for a shall be levied and col -
maximum term of forty lected in the,same mariner
years at prevailing in- and at the same time as
terest; all costs, including other Town charges, pro -
the principal and interest vided that it is the intention
on said bonds or other of the Town Board that With no further comments or
obligations authorized to such costs will be raised in questions from those present, a motion
be issued shall be borne by the first instance from
the lands benefited by such water rates, charges and Nava made by Councilman O'Donnell,
improvement and such fees upon all lots or parcels
costs shall be assessed, heretofore and hereafter seconded by Councilman Rocco, to
levied and collected from serviced by Town Law Arti- _ 1.O Se the Public Hearing . A 1 1 voting
the several lots or parcels cle 12-C Water Im---
of land within said Town of provements, and aye, the motion Was carried.
Cortlandville in just pro- W h e r e a s, an E n-
portion. to the amount of vironmental Assessment
benefit which the improve- For, a5ro the ben preparedment shall confer upon p
En -
such lots or parcels; it is vironmental Quality own of Cortlahe Public Hearing was closed at
further hereby proposed Review Act, and is
That all lots or parcels in available for review by the 7.50 p . m .
the Town public at the Cortlandville
outside of Villages, Town Hall,'
capable of being serviced it Is Hereby
by the "Article 12-C' Water Ordered, that a meeting
Improvements heretofore of the Town Board of the
and hereafter provided, said Town of Cortlandville
are lots of parcels shall be held at the Town
1"72
Payment of
October
Vouchers
Wednesday October 04, 1989
Regular Meeting
7:50 P.M.
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 Pierce presiding.
Members present: Supervisor Melvin Pierce
Councilman Raymond Thorpe
Councilman Edwin O'Donnell
Councilman Ronal Rocco
Town Clerk Pauline Parker
absent: Councilman Theodore Testa
Others present were Town Attorney, Phillip Rumsey; Town CEO,
Bruce Weber; Town Highway Superintendent, Carl Bush; Manager,
Robert Risavi and Attorney, Tom Gilhooley from Bestway Lumber,
Bob Fox from Yaman Real Estate and town resident, Diane Demeree.
The meeting was called to order by Supervisor Pierce at 8:00
o'clock p.m., following the Public Hearings regarding a Special
Permit for Bestway Lumber and Highland Road Water Storage Tank
Construction.
A motion was made by Councilman Thorpe, seconded by
Councilman O'Donnell, to approve, as written, the Cortlandville
Town Board minutes of September 06, 1989. All voting aye, the
motion was carried.
RESOLUTION #245 AUTHORIZE PAYMENT OF VOUCHERS - OCTOBER
Motion by Councilman Rocco
Seconded by Councilman Thorpe
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, that the vouchers submitted have been audited and
shall be paid as follows:
General Fund A
Vouchers #306
- 319
$ 3,629.54
General Fund B
110
- 116
4,464,31
Highway Fund
295
- 303
6,996.57
Water Fund
133
- 141
29,457.81
Sewer Fund
64
- 69
28,483.13
Capital Projects
87
- 90
63,214.29
Supervisor Pierce offered the privilege of the floor to
Bruce Weber.
Mr. Weber has been approached by a group of concerned Town
residents to write a letter to the New York State commission
about the impact the nuclear dump will. have on this community.
RESOLUTION #246 AUTHORIZE BRUCE WEBER CODE ENFORCEMENT OFFICER
B.Weber letter TO WRITE LETTER TO SITING COMMISSION
to Siting NUCLEAR WASTE DUMP
Commission
Waste Dump Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
WHEREAS, a request was made by Town residents for Mr. Weber to
write to the siting commission about the impact the nuclear dump
would have on the community, and
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Wednesday October 04, 1989 Page 2-
WHEREAS, Mr. Weber had already talked with contractors who stated
that they had already lost business due to the siting commission
considering the location of the dump in Cortland County,
therefore
BE IT RESOLVED, that Mr. Weber is hereby authorized to write a
letter to the New York State siting commission stating the
concerns of Town residents of the impact the dump will have on
the Town.
The reports of the various departments are on the table for
review, and are available for inspection, in the Town Clerks
office.
A motion was made by Councilman Thorpe, seconded by
Councilman O'Donnell, to receive and file the letter from
Timothy E. Buhl, P.E., Cortland Housing Group. All voting aye,
the motion was carried.
The letter was in regards to a sewer extension south of
Groton Avenue Plaza. He advised that he did not own the land at
the present time, however they anticipated a closing in mid
October.
A motion was made by Councilman Thorpe, seconded by
Councilman O'Donnell, to receive and file a letter from the City
of Cortland, sent to the Cortlandville Planning Board.
All voting aye, the motion was carried.
Received was a certified copy of a resolution adopted by the
Common Council of the City of Cortland, in regards to the
Cortland Housing Group application -to construct a housing project
near the City of Cortland Waterworks.
RESOLUTION #247 DECLARE NEGATIVE IMPACT - SPECIAL PERMIT - Negative
BESTWAY ENTERPRISES - LUKER ROAD impact
Bestway
Enterprises
Motion by Councilman Thorpe
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
WHEREAS, Application was made by Bestway Enterprises, 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 Bestway Enterprises, 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 #24B APPROVE SPECIAL PERMIT TO BESTWAY ENTERPRISE
ON LUKER ROAD
Motion by Councilman Thorpe
Seconded by Councilman Rocco
VOTES; ALL AYE ADOPTED
Special
permit
Bestway
Enterprise
174
Liquor
Lcense
express
Mart
Tentative
Budget
Special
permit
Empire
Vision
Wednesday October 04, 1989 Page 3
BE IT RESOLVED, that the Town Board does hereby authorize
approval of an Aquifer Protection Special Permit, No. 12 of 1989,
to Bestway Enterprises, located on Luker Rd,.
RESOLUTION #249 ACCEPT NOTICE OF LIQUOR LICENSE RENEWAL
EXPRESS MART- ROUTE 11-POLKVILLE NY
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, that notice has been received from Express Mart,
Inc. #308 Route 11, Polkville, NY advising that they are renewing
their liquor- license in accordance with the Alcoholic Beverage
Control Law.
A motion was made by Councilman O'Donnell, seconded by
Councilman Rocco, to receive and file the Certificate of
Completion of Advanced Judicial Eduction Course by Mardis F.
Kelsen. All voting aye, the motion was carried.
RESOLUTION #250 RECEIVE TENTATIVE BUDGET FOR 1990 FOR
TOWN OF CORTLANDVILLE
Motion by Councilman Thorpe
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, that the Town Clerk, Pauline H. Parker, presented
to the Town Board the 1990 Tentative Budget for the Town of
Cortlandville.
Supervisor Pierce apprised the Board of the need to hold
work sessions to work on the tentative budget for 1990.
RESOLUTION #251 SET DATE FOR PUBLIC HEARING - SPECIAL
PERMIT - EMPIRE VISION
Motion by Councilman Thorpe
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
WHEREAS, Empire Vision has submitted an application for a Special
Permit to develop over the Aquifer, and
WHEREAS, the continuing process requires a Public Hearing before
this Board, therefore
BE IT RESOLVED, that a Public Hearing shall be held before this
Town board on October 18, 1989 at 5:30 p.m. to review said
application.
RESOLUTION #252 AUTHORIZE SUPERVISOR TO WRITE LETTER TO
Letter to CORTLAND COUNTY ECONOMIC DEVELOPMENT
Economic COMMITTEE - 1990 - PAYMENT
Development
Committee Motion by Councilman Thorpe
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
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Wednesday October 04, 1989
Page 4
WHEREAS, a request was received from the Cortland County Economic
Development Committee to continue Our contribution to them in
1990, as they are preparing their 1990 budget, and
WHEREAS, a discussion was held by the town board expressing
concern about unanswered questions in the past, therefore
BE IT RESOLVED, that the Supervisor is hereby authorized to write
a letter to the City of Cortland -to ask if the money we
contribute to the Cortland County Economic Committee can be
returned to the Town and placed into a fund for future sewer
expansions in the Town, which would benefit both the City and
Town of Cortlandville.
RESOLUTION #253 AUTHORIZE SUPERVISOR TO SIGN EASEMENT FOR
NIAGARA MOHAWK - LIME HOLLOW ROAD
Motion by Councilman Thorpe
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
WHEREAS a request has been received from Niagara Mohawk for an
easement to allow them to place poles and lines to accommodate
our needs for the pump house for the Lime Hollow Well project,
therefore
BE IT RESOLVED that Supervisor Pierce is hereby authorized to
sign the easement for Niagara Mohawk for our property located on
Lime Hollow, and further
RESOLVED, that such easement shall be received and filed.
RESOLUTION #254 APPROVE CHANGE ORDER MCLEAN ROAD/LUKER
ROAD SEWER PROJECT
Motion by Councilman Thorpe
Seconded by Councilman O'Donnell
VOTES; ALL AYE ADOPTED
WHEREAS, the Town Engineer, has submitted a change order for the
McLean Road / Luker Road Sewer Project for additional work
necessary for the project, therefore
BE IT RESOLVED, that the 'Town Board does hereby approve the
change order submitted for the 111cLean Road / Luker- Road Sewer
project - NCC Industries, in the amount of $3,094.10:.
asement
iagara
Mohawk
Change
Order
M cL e an/
Luker Rd.
RESOLUTION #255 APPROVE INSTALLATION OF FENCE AROUND Installati
MCLEAN ROAD SEWER PUMP STATION M ncecEean Roa
Motion by Councilman O'Donnell Sewer Pump
Station
Seconded by Councilman Thorpe
VOTES: ALL AYE ADOPTED
WHEREAS, it has been recommended that a fence be installed
around the McLean Road Sewer pump station for safety reasons and
also to prevent vandalism, therefore
BE IT RESOLVED, that the Supervisor is hereby authorized to have
a fence placed around the McLean Road Sewer pump station.
Petition
Starr Rd.
Rt. #215
Wednesday October 04, 1989 Page 5
RESOLUTION #256 RECEIVE PETITION TO LOWER SPEED LIMIT AT
INTERSECTION OF STARR ROAD 7 RT. #215
Motion by Councilman Thorpe
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
WHEREAS, as petition was received from Town of Cortlanville
residents requesting that the speed limit be lowered to 35 mph at
this intersection of Starr Rd. and Rt. #215. therefore
BE IT RESOLVED the petition shall be received and filed, and
further
RESOLVED that such request to lower the speed limit and also to
cut down the crest of the knoll above the light shall be
forwarded to the state through the necessary channels, as such
road is a State Road
Councilman Thorpe reported on the meeting held recently with
Mrs. Owen and her son in regards to the purchase of one acre of
land from her to install a new water tank on.
The Town engineer is preparing a sketch which will make her
better aware of our intentions.
Supervisor Pierce reported on the meeting held recently with
Mr. & Mrs. James Stevens regarding obtaining an easement from
them to cross his property for the Northwest Water Project. He
has changed his mind, and has advised that he will not agree to
an easement. This could delay the project another month. Having
to use alternate routes may also increase the cost of the
project.
It was reported that other necessary easements are
forthcoming soon.
Councilman Thorpe made a motion, seconded by Councilman
Rocco, to receive and file the Short Environmental Assessment
Form, completed by Town Engineer, Hayne Smith, for the Highland
Road Water Storage Tank. All voting aye, the motion was carried.
RESOLUTION] #257 ADOPTED SUBJECT TO PERMISSIVE REFERENDUM
adopted "HIGHLAND ROAD WATER STORAGE TANK
:ighland Road CONSTRUCTION" PROJECT
later Storage
lank 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 construction of a second Town of
Cortlandville public water storage tank on approximately one acre
of land near Highland Road, Town of Cortlandville and designated
"Highland Road Water Storage Tank Construction", as required by
Section 209-q (2) and 209-c of the Town Law, and a short
Environmental Assessment Form pursuant to the State Environmental
Quality Review Act, and are available for public inspection, and
Wednesday October- O4, 1989 Page 6
WHEREAS, an Order was duly adopted by the Town Board on
September 20, 1989 reciting the filing of said general plans, the
improvements proposed, and the estimated expense thereof and
specifying October 41 1989 at 7:30 o'clock p.m. as the time and
the said Town Hall in the said Town of Cortlandville as the
place where the said Board would meet to consider the documents
filed as aforesaid and to hear all persons interested in the
subject thereof, concerning the same, and
WHEREAS, such Order was duly posted and published as
required by law, and
WHEREAS, a hearing in the matter was duly held by the Board
on the 4th day of October, 1909 commencing at 7:30 p.m. at the
Town Hall in the said Town and discussion upon the matter having
been had and all persons desiring to be heard having been duly
heard including members of the Board and various other persons,
and
NOW, upon the evidence given upon such hearing and upon the
motion of Raymond G. Thorpe, Councilman, seconded by Ronal L.
Rocco, Councilman, and unanimously passed, it is
RESOLVED AND DETERMINED, that the plans heretofore filed
with the Town Clerk of the Town of Cortlandville are in
compliance with Section 209-c of the Town Law of the State of New
York and are otherwise sufficient, and that to establish the
aforesaid water- tank construction is in the public interest, and
it is further
RESOLVED AND DETERMINED, 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
determined 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 tank
construction; and the cost of said construction 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 "Northwest Cortlandville Water Improvement
"Resolution adopted by this Board on April 5, 1989, and it is
further
RESOLVED AND DETERMINED, that the construction of a water
tank improvement as proposed in said plans be authorized pursuant
to Section 209-q (6) (c) of the Town Law; that the improvement
therein mentioned be constructed and the service therein
mentioned be provided for upon the required funds being made
available or provided for; and that such improvement shall be
designated and known as the "Highland Road Water Storage Tank
Construction," and it is further
RESOLVED AND DETERMINED, that the proposed improvement,
including costs of laird acquisition, rights of way, construction
costs, legal fees, engineering and consultant fees, and all other
expenses approximate to be a maximum of $600,000.00 shall be
financed by the issuance of bonds by the Town of Cortlandville
for a maximum term of forty years at prevailing interest, and it
is further
RESOLVED AND DETERMINED, 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 water rates, charges and fees
upon all lots or parcels heretofore and hereafter serviced by
Town Law Article 12-C Water Improvements, and it is further
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Wednesday October 04, 1989 Page 7
RESOLVED, that the Town Clerk of this Town shall within ten
(10) days after the adoption of this Resolution file certified
copies thereof in duplicate in the Office of the State Department
of Audit and Control at Albany, New York, together with an
application by this Board in duplicate for permission to create
such improvement project as provided for by the Town Law Section
209-q (13) and that such application shall be executed by and in
behalf of the Town Board by the Supervisor of the Town: and
further file a certified copy of this Resolution in the Cortland
County Clerk's office as provided for by the Town Law Section
209-q (b) (c), and it is further
RESOLVED, that this Resolution is adopted subject to
permissive referendum
A motion was made by Councilman Thorpe, Seconded by
O'Donnell, to adjourn the regular meeting. All Voting aye, the
motion was carried.
p
tful ubmi ted,
,9
Pauline H. Parker CMC
Town Clerk
Town of Cortlandville
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