HomeMy WebLinkAbout2016-10-19 Town Board MinutesOCTOBER 19, 2016
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log
PUBLIC HEARING NO. 1
AQUIFER PROTECTION PERMIT
BESTWAY OF NEW YORK, INC.
3832 LUKER ROAD
TAX MAP #86.17-02-01.100
A Public Hearing was held by the Town Board of the Town of Cortlandville at the
Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, concerning
an application for an Aquifer Protection Permit submitted by Bestway of New York, Inc., to
construct a 10,000 sq. ft. steel building for use as an equipment/vehicle maintenance facility with
a gravel access driveway and associated gravel parking area, located on the east side of Luker
Road, approximately 1,450 ft. southeast of the Luker Road/NYS Route 281 intersection, tax map
#86.17-02-01.100.
Members present: Supervisor, Richard C. Tupper
Councilman, Theodore V. Testa
Councilman, John C. Proud
Councilman, Gregory K. Leach
Councilman, Walter J. Kasperek
Town Clerk, Karen Q. Snyder, RMC
Others present were: Town Attorney, John Folmer; Town Highway Sup't. Carl Bush;
Chuck Feiszli, P.E.; representing Bestway, Attorney, Mike Shaffer and Andrew Porter; Town
Resident, Barb Leach; News Reporter, Tyrone Heppard from the Cortland Standard; Sharon
Stevans and Duane Andrus from Channel 2, Access TV.
Supervisor Tupper called the Public Hearing to order.
Town Clerk, Karen Q. Snyder, read aloud the published, posted and filed legal notice.
Supervisor Tupper offered privilege of the floor to those in attendance.
Attorney Mike Shafer, representing Bestway of New York explained to the Town Board this
application was before the Town Planning Board and Town Board some time ago. The Conditional
Permit and the Aquifer Protection Permit application were approved. For various business reasons
construction did not occur regarding the building being erected, which caused the building permit to
expire. The applicant has been back through the Planning Board process with approval from the
Town Planning Board. A completed Stormwater Management Plan has been submitted. The
applicant has met with the Cortland County Health Department regarding the onsite storage of
petroleum products.
No further comments or discussions were heard.
The Public Hearing was closed at 5:05 p.m.
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B b OCTOBER 19, 2016 5:05 P.M.
TOWN BOARD MEETING
The Regular Meeting of the Town Board of the Town of Cortlandville was held at the
Raymond G. Thorpe Municipal Building, Cortland, New York, with Supervisor Tupper
presiding.
Members present: Supervisor, Richard C. Tupper
Councilman, Theodore V. Testa
Councilman, John C. Proud
Councilman, Gregory K. Leach
Councilman, Walter J. Kasperek
Town Clerk, Karen Q. Snyder, RMC
Others present were: Town Attorney, John Folmer; Town Highway Sup't. Carl Bush;
Chuck Feiszli, P.E.; representing Bestway, Attorney, Mike Shaffer and Andrew Porter; Town
Resident, Barb Leach; News Reporter, Tyrone Heppard from the Cortland Standard, Sharon
Stevans and Duane Andrus from Channel 2, Access TV.
Supervisor Tupper called the meeting to order.
Councilman Leach made a motion, seconded by Councilman Testa, to approve the Final
Town Board Minutes of September 7, 2016 and September 21, 2016 as written. All voting aye,
the motion was carried.
RESOLUTION #173 AUTHORIZE PAYMENT OF VOUCHERS — OCTOBER
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: AYE - Tupper, Testa, Proud, Leach, Kasperek NAY - 0
ADOPTED
BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows:
Funds A, B, DA, DB
Voucher #940-989
General Fund A
$ 31,775.23
General Fund B
$ 7,045.67
Highway Fund DA
$ 0.00
Highway Fund DB
$ 80,043.37
Funds CD1, CD3, CD4
Voucher #(None)
BMills Rehab CD1
$ 0.00
Town Wide Rehab CD3
$ 0.00
Business Devl CD4
$ 0.00
Fund HA, HB, HC, HD,
Voucher #389-405
HE, SS, SW
Luker Rd Water HA
$ 0.00
Owego St Water HB
$ 0.00
NYS Rt 13 Sewer Rehab HC
$ 4,800.00
Oakcrest/Pendleton Sewer HD
$ 1,602.55
Saunders Rd Sewer HE
$ 0.00
Sewer SS
$ 1,506.09
Water SW
$ 9,964.48
Funds SF, TA, TE
Voucher #41-43
C'Ville Fire District SF
$ 0.00
Trust & Agency TA
$ 39,426.43
Expendable Trust TE
$ 0.00
The monthly reports of the Town Justices for the month of September were on the table for
review and are filed in the Town Clerk's office.
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file the
Completed Spill Prevention Plan, received October 12, 2016 from Royal Nissan Subaru. All voting
aye, the motion was carried.
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OCTOBER 19, 2016
TOWN BOARD MEETING
PAGE 2
RESOLUTION #174 DECLARE NEGATIVE IMPACT FOR AQUIFER PROTECTION
PERMIT APPLICATION 94 OF 2016 SUBMITTED BY ROYAL
NISSAN SUBARU FOR PROPERTY LOCATED AT 654 ROUTE
13
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: AYE - Tupper, Testa, Proud, Leach, Kasperek NAY - 0
ADOPTED
WHEREAS, an Aquifer Protection Permit application was submitted by Royal Nissan Subaru to
permit construction of an approximately 28,000 sq. ft. automobile dealership with accessory
parking for 419 vehicles on the southeast side of NYS Route 13, approximately 1/2 mile
southwest of the NYS Route 13/South Cortland Virgil Road intersection, tax map #105.00-04-
06.000, and
WHEREAS, the Town Board as Lead Agent, duly reviewed and completed the Short
Environmental Assessment form, therefore
BE IT RESOLVED, the Town Board as Lead Agent, does hereby declare the proposed project of
Royal Nissan Subaru, Aquifer Protection Permit application #4 of 2016, shall have no significant
environmental impact.
RESOLUTION #175 AUTHORIZE SUPERVISOR TO SIGN SEQRA APPLICATION
OF AQUIFER PROTECTION PERMIT APPLICATION #4 OF
2016
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: AYE - Tupper, Testa, Proud, Leach, Kasperek NAY - 0
ADOPTED
BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA
application relating to Aquifer Protection Permit Application #4 of 2016, submitted by Royal
Nissan Subaru.
RESOLUTION #176 APPROVE AQUIFER PROTECTION PERMIT APPLICATION
#4 OF 2016 SUBMITTED BY ROYAL NISSAN SUBARU FOR
PROPERTY LOCATED AT 654 ROUTE 13 SUBJECT TO
CONDITIONS
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: AYE - Tupper, Testa, Proud, Leach, Kasperek NAY - 0
ADOPTED
WHEREAS, the Cortland County Planning Department and the Town Planning Board have
reviewed and recommended approval of this Aquifer Protection Permit application, and
WHEREAS, a Public Hearing was duly held by this Town Board, therefore
BE IT RESOLVED, the Town Board does hereby approve Aquifer Protection Permit application
#4 of 2016, submitted by Royal Nissan Subaru, permitting the construction of an approximately
28,000 sq. ft. automobile dealership with accessory parking for 419 vehicles on the southeast
side of NYS Route 13, approximately %2 mile southwest of the NYS Route 13/South Cortland
Virgil Road intersection, tax map #105.00-04-06.000, subject to conditions from the Town and
County Planning Boards, with the acceptance of the Competed Spill Prevention Plan:
1. The applicant either increasing the dimensions of the vehicle parking spaces to 10 ft. by
20 ft. or applying for and obtaining a bulk variance for the reduced parking space size.
2. The applicant obtaining a curb cut permit and from the NYS Department of
Transportation (DOT) for the proposed new driveway entrance on NYS Route 13.
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3. The applicant either reducing the number, square footage and height of signage on site to
conform to the "Zoning Local Law of the Town of Cortlandville" or the applicant
applying for and receiving a bulk variance for the increased number, square footage and
height of signage.
4. Any floor drains in the facility being connected to a holding tank or sanitary sewer
equipped with an oil and grit separating tank.
5. Wastes collected in a holding tank must be disposed of through a licensed waste hauler.
6. Waste degreasing solvents must be stored in drums or a holding tank and disposed of
through a licensed waste hauler.
7. Waste oil must be stored in tanks or drums for disposal by a licensed waste hauler.
8. Storage facilities for tanks and/or drums require coated concrete floors and dikes to retain
accidental spills or leaks; a permanent roof to protect tanks and drums and to prevent
precipitation from entering dikes. Drums should be sealed, and tanks and drums must be
located away from floor drains.
9. Large drip pans should be kept beneath drums which have spigots and are stored in
horizontal position on racks.
10. Potentially contaminated scrap, including but not limited to scrap parts, batteries and used
filters shall be stored in proper containers to prevent environmental release of
contaminants.
11. Submittal of a list and quantity of proposed chemicals to the Town, and a plan of primary
and secondary storage facilities for these chemicals.
12. The applicant's submittal and the Town's acceptance of the Spill Response Plan and Spill
Prevention, Control & Counter Measurers Plan for the site.
13. The applicant obtaining approval of the public water and sewer connection, including the
installation of a backflow prevention device for the public water connection, fromn the
County Health Department and Town.
14. The Stormwater Pollution Prevention Plan being approved for the site by the Town upon
review by the County Soil and Water Conservation District.
15. The applicant filing a Notice of Intent with the NYS Department of Environmental
Conservation (DEC) in addition to the preparation of a stormwater pollution prevention
plan for the site per the NYS Phase II stormwater regulations and obtaining a NYSDEC
Construction Stormwater Permit GP-0-15-002 coverage for greater than one acre of soil
disturbance. The SWPPP must meet the current Stormwater Management Design
Manual and the Runoff Reduction and Green Infrastructure requirements. The planned
soil disturbance of 5 acres or greater will require additional Permit and SWPPP
requirements.
16. The applicant providing and obtaining approval of a detailed landscaping plan for the site
to the Town to include additional landscaping other than just lawn areas.
17. The applicant's submittal of a lighting plan for the site to the Town which indicates that
there would be no lighting from this property in excess of 1.0 footcandle outside of the
property boundaries.
18. The Town reviewing the proposed building design for conformance with the Town's
Design and Development Guidelines.
19. Compliance with SEQR requirements.
AND IT IS FURTHER RESOLVED, the Supervisor is hereby authorized to sign the permit.
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OCTOBER 19, 2016
TOWN BOARD MEETING
PAGE 4
RESOLUTION #177 DECLARE NEGATIVE IMPACT FOR AQUIFER PROTECTION
PERMIT APPLICATION #5 OF 2016 SUBMITTED BY
BESTWAY OF NEW YORK, INC. FOR PROPERTY LOCATED
AT 3832 LUKER ROAD
Motion by Councilman Leach
Seconded by Councilman Proud
VOTES: AYE - Tupper, Testa, Proud, Leach, Kasperek NAY - 0
ADOPTED
WHEREAS, an Aquifer Protection Permit application was submitted by Bestway of New York,
Inc. to permit construction of a 10,000 sq. ft. steel building for use as an equipment/vehicle
maintenance facility with a gravel access driveway and associated gravel parking area, located
on the east side of Luker Road, approximately 1,450 ft. southeast of the Luker Road/NYS Route
281 intersection, tax map #86.17-02-01.100, and
WHEREAS, the Town Board as Lead Agent, duly reviewed and completed the Short
Environmental Assessment form, therefore
BE IT RESOLVED, the Town Board as Lead Agent, does hereby declare the proposed project of
Bestway of New York, Inc., Aquifer Protection Permit application #5 of 2016, shall have no
significant environmental impact.
RESOLUTION #178 AUTHORIZE SUPERVISOR TO SIGN SEQRA APPLICATION
OF AQUIFER PROTECTION PERMIT APPLICATION #5 OF
2016
Motion by Councilman Leach
Seconded by Councilman Proud
VOTES: AYE - Tupper, Testa, Proud, Leach, Kasperek NAY - 0
ADOPTED
BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA
application relating to Aquifer Protection Permit Application #5 of 2016, submitted by Bestway
of New York, Inc.
RESOLUTION #179 APPROVE AQUIFER PROTECTION PERMIT APPLICATION
#5 OF 2016 SUBMITTED BY BESTWAY OF NEW YORK,
INC. FOR PROPERTY LOCATED AT 3832 LUKER ROAD
Motion by Councilman Leach
Seconded by Councilman Testa
VOTES: AYE - Tupper, Testa, Proud, Leach, Kasperek NAY - 0
ADOPTED
WHEREAS, the Cortland County Planning Department and the Town Planning Board have
reviewed and recommended approval of this Aquifer Protection Permit application, and
WHEREAS, a Public Hearing was duly held by this Town Board, therefore
BE IT RESOLVED, the Town Board does hereby approve Aquifer Protection Permit application
#5 of 2016, submitted by Bestway of New York, Inc., permitting the construction of a 10,000 sq.
ft. steel building for use as an equipment/vehicle maintenance facility with a gravel access
driveway and associated gravel parking area, located on the east side of Luker Road,
approximately 1,450 ft. southeast of the Luker Road/NYS Route 281 intersection, tax map
#86.17-02-01.100, subject to conditions from the Town and County Planning Boards from the
year 2012:
1. The applicant obtaining a petroleum bulk storage permit from the County Health
Department which is subject to compliance with those standards described in Articles
XX, XXI, and XXII of the Sanitary Code of the Cortland County Health Department.
2. The floor drains being connected to the sanitary sewer equipped with an oil and grit
separating tank.
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TOWN BOARD MEETING
PAGE 5
3. Waste degreasing solvents being stored in drums or a holding tank and disposed of
through a licensed waste hauler.
4. The storage facilities for tanks and/or drums require coated concrete floors and secondary
containment with a volume of at least 110% of the largest tank capacity, which is diked
to prevent accidental spills or leaks from reaching the floor drains. Drums should be
sealed, and tanks and drums must be located away from floor drains.
5. Large drip pans being kept beneath drums which have spigots and are stored in horizontal
position on racks.
6. Potentially contaminated scrap, including but not limited to scrap parts, batteries and used
filters being stored in proper containers to prevent environmental release of contaminants.
7. The applicant preparing a spill prevention and response plan for the facility and obtaining
approval of the plan from the Town to insure that any spills are properly handled,
particularly given the property's close proximity to the City of Cortland Water Works
property.
8. Any vehicle washing on site being done in a closed loop system for collection and reuse
of wastewater.
9. The proposed easement through the neighboring property being written into the deeds of
both properties to insure perpetual access to this property from Luker Road.
10. The applicant obtaining approval from the Town Highway Superintendent of driveway
entrance and drainage details at the proposed Luker Road driveway entrance.
11. The applicant obtaining approval of the proposed stormwater pollution prevention plan,
including a maintenance plan for the stormwater system for the site, from the Town.
12. The applicant filing a Notice of Intent with the NYS Department of Environmental
Conservation (DEC) in addition to the preparation of a stormwater pollution prevention
plan, per the NYS Phase II stormwater regulations, which shall include stormwater
management and runoff reduction and coverage under the SPDES General Permit for
Stormwater Discharges from Construction Activities (General Permit-0-10-001).
13. The stormwater plan for the site indicating that runoff from snow storage areas would
also be directed to the stormwater basin.
14. A determination being made that the proposed building is below the transitional surface
elevation for obstruction for the Cortland County Airport as defined in F.A.R. Part 77.
15. The landscaping plan, including a maintenance plan for the landscaping for the site, being
approved by the Town.
16. The applicant obtaining an individual private well permit from the County Health
Department.
17. The applicant obtaining approval from the Town for connection to the public sewer
system.
18. Compliance with SEQR requirements.
AND IT IS FURTHER RESOLVED, the Supervisor is hereby authorized to sign the permit.
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OCTOBER 19, 2016 TOWN BOARD MEETING PAGE 6
RESOLUTION #180 SCHEDULE PUBLIC HEARING REGARDING THE 2017
PRELIMINARY BUDGET
Motion by Councilman Leach
Seconded by Councilman Kasperek
VOTES: AYE - Tupper, Testa, Proud, Leach, Kasperek NAY - 0
ADOPTED
BE IT RESOLVED, a Public Hearing is hereby scheduled to be held on November 2, 2016 at 5:00
p.m. regarding the 2017 Preliminary Budget, and it is further
RESOLVED, that copies shall be made available for distribution to the public on November 2,
2016.
RESOLUTION #181 SCHEDULE DATE TO ADOPT 2017 PRELIMINARY
BUDGET AS THE 2017 ADOPTED BUDGET
Motion by Councilman Leach
Seconded by Councilman Kasperek
VOTES: AYE - Tupper, Testa, Proud, Leach, Kasperek NAY - 0
ADOPTED
BE IT RESOLVED, the Town Board shall adopt the 2017 Preliminary Budget as the 2017 Adopted
Budget at the Regular Town Board Meeting on Wednesday, November 16, 2016 at 5:00 p.m.
Supervisor Tupper mentioned that the Town's 2017 Preliminary Budget shows a town tax
rate of $3.11, an increase of 5 cents and a $2.24 tax rate for the Villages, which would be a
decrease of 1 cent from the 2016 adopted town budget.
The Benefit Tax, which has not yet been completely computed, sewer should decrease
around $19.00 per unit, this would be due to reduction in sewer bond payments and the water
will increase around $11.00 due to new water projects completed.
Town Clerk, Karen Q. Snyder had no business to report.
Attorney Fohner reported:
Time Warner Cable — Troy and Banks:
The town retains the services of Troy & Banks to audit the town's utilities from time to
time. Troy & Banks after much research has determined the town is owed a significant sum of
money from Time Warner Cable regarding unpaid franchise fees. In March of this year the town
corresponded with Time Warner asking them to review the Troy & Banks report and to work out
the details of paying the town what was owed or perhaps compromise what is owed. There has
been no response from Time Warner regarding that request.
On September 29, 2016 correspondence was sent again to Time Warner reminding them of
the town's earlier correspondence and if by October 15, 2016 Time Warner failed to take any steps
to resolve the issue, Troy & Banks would be advised by the town to file the necessary complaint
with the State Public Service Commission. Attorney Folmer requested of the Board to adopt a
resolution authorizing Troy & Banks to file such complaint with the State Public Service
Commission due to no response from Time Warner of the town's unpaid franchise fees.
RESOLUTION #182 AUTHORIZE TROY & BANKS TO FILE A COMPLAINT TO
THE STATE PUBLIC SERVICE COMMISSION ON BEHALF OF
THE TOWN OF CORTLANDVILLE
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: AYE - Tupper, Testa, Proud, Leach, Kasperek NAY - 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct Troy & Banks to file a
complaint to the State Public Service Commission in regards to Time Warner failing to respond to
the town and failing to pay any unpaid franchise fees to the Town of Cortlandville after numerous
attempts.
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TOWN BOARD MEETING
PAGE 7
RESOLUTION 4183
ESTABLISH THE STANDARD WORK DAY FOR ELECTED
AND APPOINTED OFFICALS OF THE TOWN OF
CORTLANDVILLE FOR THE YEAR 2016
Motion by Councilman Leach
Seconded by Councilman Proud
VOTES: AYE - Tupper, Testa, Proud, Leach, Kasperek NAY - 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby establish the following as standard work days
for elected and appointed officials and will report the following days worked to the New York
State Local Employees' Retirement System based on the record of activities maintained and
submitted by these officials to the Town Clerk:
Elected Standard Term of Record of
Officials: Name: Work Day: Office: Activities:
Town Supervisor Richard C. Tupper 6 hours 01/01/16-12/31/17 30.00
Town Clerk/Collector Karen Q. Snyder 7 hours 01/01/16-12/31/17 26.64
Town Justice Francis J. Casullo 6 hours 01/01/16-12/31/19 14.14
Appointed Standard Term of Record of
Officials: Name: Work Day: Office: Activites:
ZBA Member Lenore LeFevre 6 hours 01/01/16-12/31/20 .35
Attorney Folmer explained to the Board members the subordination agreement request on
this evenings agenda. The Town has received a request from Michelle Towsley, of 1368 East River
Road, asking the town to subordinate as she wishes to refinance her property. Ms. Towsley has four
(4) outstanding obligations with the town under the 2013 CDBG — Town -Wide Housing
Rehabilitation Program. In order for her to refinance her property for $63,288.00± the mortgage
company, which is Quicken Loans is requesting the Town of Cortlandville be listed as a secondary
lien holder.
Her first obligation with the town started in 2012 for $25,305.00. That obligation has been
reduced to $10,122.00, which will be completed in July of 2018. As long as she occupies her home
for five (5) years each obligation is reduced. Her other obligations to the town are for $4,420.00,
$739.14 and $1,035.00. When her obligations to the town started the liens totaled $32,279.14.
Since she continues to occupy the residence her obligations are currently reduced to $16,316.14.
Attorney Folmer did advise the Board that subordination requests have been granted in the
past. He added that if Ms. Towsley should sell her property before her obligations are satisfied she
would still be required to release the liens held by the Town of Cortlandville and pay to the town the
balance of her obligations, reminding the Board their motion is not to forgive her obligations only to
be listed as a seconded lien holder.
RESOLUTION #184 AUTHORIZE SUPERVISOR TO SIGN THE SUBORDINATION
AGREEMENT FOR MICHELLE TOWSLEY FOR THE TOWN'S
2013 COMMUNITY DEVELOPMENT BLOCK GRANT
TOWN -WIDE HOUSING REHABILITATION PROGRAM
Motion by Councilman Leach
Seconded by Councilman Proud
VOTES: AYE - Tupper, Testa, Proud, Leach, Kasperek NAY - 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby agree to the Subordination Agreement requested
by Michele Towsley of 1368 East River Road, Cortland, New York, and it is further
RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign such
agreement regarding her obligations for the 2013 Community Development Block Grant Town -
Wide Housing Rehabilitation Program.
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OCTOBER 19, 2016 TOWN BOARD MEETING PAGE 8
RESOLUTION #185 AUTHORIZE SALARY AND BENEFITS FOR THE NEWLY
APPOINTED DEPUTY TOWN CLERK, BRIDGET L. YAPLE
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: AYE - Tupper, Testa, Proud, Leach, Kasperek NAY - 0
ADOPTED
WHEREAS, as a vacancy has occurred in the office of the Town Clerk for a Deputy Town
Clerk, and
WHEREAS, Town Clerk, Karen Q. Snyder has appointed Bridget L. Yaple, of 836 N. Lamont,
Cortland, New York to the position of Deputy Town Clerk, therefore
BE IT RESOLVED, the Town Board does hereby authorize the salary of $24,000.00 along with
full time benefits for Deputy Town Clerk, Bridget L. Yaple.
RESOLUTION #186 AUTHORIZE SUPERVISOR TO SIGN CONTRACT WITH
ADVANTAGE CLEANING SERVICE
Motion by Councilman Leach
Seconded by Councilman Testa
VOTES: AYE - Tupper, Testa, Proud, Leach, Kasperek NAY - 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct Supervisor Tupper to sign
a contract with "Advantage Cleaning Service" to clean Town Hall in the amount of $532.00 per
week, effective November 1, 2016 until December 31, 2016.
Supervisor Tupper thanked Town Bookkeeper, Marcia Hicks for her many hours and late
nights working on the 2017 Town Budget. He also thanked the department heads for their hard
work and understanding.
No further comments or discussion were heard.
Councilman Leach made a motion, seconded by Councilman Testa, to adjourn the
Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 5:45 p.m.
Respectfully submitted,
Karen Q. Snyder, C
Town Clerk
Town of Cortlandville
*Note:
The final version of this meeting was submitted to the Town Board for their review on January 27, 2017.
The final version of this meeting was approved as written at the Town Board meeting of February 1, 2017.