HomeMy WebLinkAbout02-02-2005Z13
FEBRUARY 02, 2005
5:00 P.M.
TOWN BOARD MEETING
The Regular Meeting of the Town Board of the Town of Cortlandville was held at the
Town Hall, 3577 Terrace Road, Cortland, New York, with Supervisor Thorpe presiding.
Members present:
Supervisor, Raymond Thorpe
Councilman, Theodore Testa
Councilman, Edwin O'Donnell
Councilman, Ronal Rocco
Councilman, John Pilato
Town Clerk, Karen Q. Snyder
Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; James
Trasher of Clough, Harbour & Associates; Planning Board Member, Nick Renzi; Patrick Reidy
from the Cortland County Soil & Water Conservation District; Chris Bushnell of Page Green
Road; Marian Kay Withey of Hoy Road; Douglas Wilcox and Jeanne Boodley from Barden
Homes; Richard Schutz from Suit-Kote Corp.; Stephen and Patricia Jordan of Hoxie Gorge
Road; Architect, Brian Buttner; Catherine D. Smith; Andrea Rankin from CAPE; Steven
Lissberger of Coventry Lane; Jim Mulherin, President of the Walden Oaks Homeowners
Association; and News Reporter, Patrick Ruppe of the Cortland Standard.
Supervisor Thorpe called the meeting to order.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file
the Planning Board Minutes of October 26, 2004. All voting aye, the motion was carried.
Councilman Testa made a motion, seconded by Councilman O'Donnell, to receive and
file the Zoning Board of Appeals Minutes of October 26, 2004. All voting aye, the motion was
carried.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and
file the Zoning Board of Appeals Minutes of November 30, 2004. All voting aye, the motion
was carried.
RESOLUTION #30 AUTHORIZE PAYMENT OF VOUCHERS - FEBRUARY
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows:
General Fund A
General Fund B
Highway Fund DB
Water Fund
Sewer Fund
Trust & Agency
Capital Projects
Special Grant
Vouchers #64 - 84
$ 25,361.83
B6 - B9
$ 22,173.24
D31 - D44
$ 31,572.37
W 14 - W20
$282,728.91
S10 - S12
$198,580.99
T1 - T1
$ 33,785.08
H3 - H5
$ 2,918.16
SG1 - SG1
$ 23,373.37
Supervisor Thorpe requested the Board discuss item H-8 of the agenda, and offered
privilege of the floor to Brian Buttner.
Brian Buttner explained he is the architect representing Stephen and Patricia Jordan, for
property located on NYS Route 13. He requested the Board schedule a public hearing for the
Aquifer Protection Permit application submitted by his clients.
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FEBRUARY 02, 2005 TOWN BOARD MEETING PAGE 2
RESOLUTION #31 SCHEDULE PUBLIC HEARING FOR AN AQUIFER
PROTECTION PERMIT APPLICATION SUBMITTED BY
STEPHEN JORDAN FOR FEBRUARY 16, 2005
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, a Public Hearing shall be scheduled for February 16, 2005 at 5:00 p.m. for an
Aquifer Protection Permit application submitted by Stephen Jordan, for property located off of NYS
Route 13, tax map #105.00-01-30.000.
Supervisor Thorpe offered privilege of the floor to Doug Wilcox.
Doug Wilcox of Barden Homes stated he was in attendance to formally request the Town
Board amend the Town of Cortlandville Zoning Law as it pertains to height restrictions for new
houses. He requested the Board increase the height requirement in the Town from 30 ft. to 36 ft.
from average exposed grade. In the Town of Cortlandville, height is measured as the average
distance of exposed grade to the highest point on the roof. The average height requirement for
neighboring counties and municipalities, including Dryden, Groton, and Ithaca, is 35 ft.
Mr. Wilcox explained that 10 of the 165 homes offered by Barden Homes in their catalog
have heights greater than 30 ft. With changes in the building market, customers request houses
that exceed the 30 ft. height limitations.
Mr. Wilcox explained that the NYS Building Code and local codes were written due to .
concerns of being able to fight a fire. According to the local fire department, firefighters have
the full ability to fight a fire in a home 40 ft. high.
Supervisor Thorpe stated he thought the height requirement was due to visibility.
Councilman O'Donnell questioned whether it was the responsibility of the Town Board
or the Zoning Board of Appeals to change the height requirement.
Attorney Folmer apprised Councilman O'Donnell that while it is the Town Board's
responsibility to amend the Code, the Board would not do so without recommendations from the
Zoning Board of Appeals and the Planning Board.
Councilman -O'Donnell stated he was aware that David Plew of the Zoning Board and
Kathy Wickwire of the Planning Board planned to meet to discuss the issue.
Councilman Testa questioned what the height requirements are in Syracuse.
James Trasher of Clough, Harbour & Associates apprised the Board the height
requirements in areas such as Cicero, and Manlius is 35 ft.
Supervisor Thorpe stated the Board is aware of the situation and will wait until the
Zoning Board and the Planning Board give their recommendations.
Attorney Folmer questioned whether Mr. Wilcox already approached the Zoning Board.
Jeanne Boodley, Manager for the Barden & Robeson Construction Division, apprised the
Board the Zoning Board was approached for a Variance Permit for a house on Davinci Drive.
Councilman O'Donnell questioned whether Planning Board Member, Nick Renzi had
any comments on the matter.
Planning Board Member, Nick Renzi apprised the Board he attended the Zoning Board of
Appeals meeting on January 25, 2005 in which an application for a Variance was made by
Barden Homes for a height greater than allowed. The location of the property is on Davinci
Drive, between the Barnard's and Dr. Lopez's property. The height of the proposed house is 37
ft. to the peak. Mr. Plew questioned whether there was a hardship, to which Mr. Wilcox stated
there was not. Mr. Renzi stated he voiced his opposition to granting the variance at the Zoning
Board meeting.
Councilman Rocco stated a height restriction might be appropriate in some
circumstances, such as someone constructing a 40 ft. house on a 1/4 acre lot, next to a ranch. He
also mentioned that he spoke with CEO Bruce Weber regarding the code, as well as Kathy
Wickwire, David Plew, and Eric Barden from Barden Homes.
Supervisor Thorpe interjected and stated there was no point in discussing the issue until
recommendations were made from the Planning Board and Zoning Board of Appeals.
Mr. Wilcox stated he would contact CEO Weber to be placed on the Planning Board's
agenda.
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FEBRUARY 02, 2005 TOWN BOARD MEETING PAGE 3
Supervisor Thorpe offered privilege of the floor to Marian Kay Withey, and informed her
the Board was in receipt of her correspondence.
Marian Kay Withey apprised the Board she represented the "Seven Valley Snow Goers"
snowmobile club, who was requesting permission from the Town to use the water and sewer
right-of-way that runs from the north end of Highland Road to Kinney Gulf Road via an empty
lot. She explained the current route used by the snowmobiles, which is a dangerous route. Mrs.
Withey informed the Board she received permission from the neighboring homeowners.
Attorney Folmer apprised Mrs. Withey there is a problem authorizing the use of the right-
of-way because the right-of-way the Town has is for the installation and maintenance of water
and sewer lines. The Town was granted permission to do specific things. Attorney Folmer
stated the Town does not have the right to say the group can use the right-of-way for some other
purpose.
Mrs. Withey questioned whether there would be a problem if the property owner gave
permission for use of the right-of-way.
Attorney Folmer stated he would not recommend the Board give permission for others to
use the Town's right-of-way. Once the Town authorizes use of a right-of-way the Town incurs a
liability issue. Attorney Folmer stated permission must come from the property owner.
Nick Renzi requested privilege of the floor. He made one additional comment regarding
height requirements. He apprised the Board that Barden Homes wanted the variance for a height
greater than allowed in order to build a spec house on a vacant lot located on Davinci Drive. The
30 ft. height requirement could be met, however Barden Homes wanted storage in the attic. He
commented that a three -car garage was more "user friendly."
Mr. Renzi requested that the letter submitted to the Town Board by Barden Homes be
forwarded to the Planning Board for their review.
Mr. Renzi apprised the Board the Planning Board voted to officially request the Town
Board to solicit proposals to review the Town's ordinance on Planned Unit Development (PUD)
and a potential upgrade of this section of the Town Code. Mr. Renzi explained that according to
the current Code, any 10-acre plot in the Town could be a PUD.
Mr. Renzi stated he spoke with Attorney Folmer regarding Design Specifications for the
business district. He mentioned that the Design Specifications would be a good document to
have in effect, especially since the Planning Board continues to receive more and more requests.
According to Supervisor Thorpe, the Board had not yet received any formal requests
from the Planning Board. Upon receipt of the requests the Board would act accordingly.
Supervisor Thorpe offered privilege of the floor to Christopher Bushnell.
Christopher Bushnell, of 3655 Page Green Road, apprised the Board he was seeking a
reduction in the water benefit tax charged to his two parcels. He explained to the Board that his
residence sits on 2.85 acres of land, and the benefit tax is 5.1 units. He also owns 1.81 acres of
vacant land on the north side of his residence. Although aware that the benefit tax is based on
frontage or usage, Mr. Bushnell commented that a home on the east side of his property has a
benefit tax based on 1 unit, while the land is 4.3 acres. Mr. Bushnell requested he pay the benefit
tax based on usage rather than frontage.
Supervisor Thorpe stated the Board would wait for a recommendation from the Assessor
before making a decision.
Supervisor Thorpe offered privilege of the floor to James Mulherin.
James Mulherin, President of the Walden Oaks Homeowners Association, requested
clarification regarding the proposed zone change. First, Mr. Mulherin questioned who suggested
a zone change.
Supervisor Thorpe stated the Board looked at the zoning problem, particularly along the
Route 281/Route 13 corridor, as well as problems that the Board anticipated with the Aquifer.
He stated the study was not done capriciously for any particular purpose.
Mr. Mulherin questioned whether adjacent property owners to areas affected by the zone
change were approached.
FEBRUARY 02, 2005
TOWN BOARD MEETING
PAGE 4
Supervisor Thorpe apprised Mr. Mulherin that the Board holds public hearings for the
purpose of informing the public, answering questions, and to listen to objections regarding the
proposal.
Mr. Mulherin questioned what the advantage would be of changing the parcel adjacent to
the Walden Oaks Development from Industrial to B-3.
Attorney Folmer interjected and stated he would not answer questions regarding the
proposed zone changes at this time, but would do so at the public hearing.
Steven Lissberger of Coventry Lane stated the reason for Mr. Mulherin's questions are
because residents of Walden Oaks planned to attend the public hearing. However, Mr.
Lissberger stated they do not have information regarding the history of how the Zoning Text
Amendment was devised.
Town Clerk Snyder suggested Mr. Lissberger visit the Town Clerk's office and review
information pertaining to the Zoning Text Amendment.
Mr. Lissberger questioned whether the Town Board would vote on the Zoning Text
Amendment the night the public hearing is held.
Attorney Folmer stated the Board would not render a decision because as the result of the
comments heard at the public hearing, there may need to be some review of the proposed
ordinance. There may also have to be a SEQR review of the proposed ordinance.
Attorney Folmer explained that at the February 16, 2004 public hearing, the Zoning
Amendments themselves would be discussed. However, the actual use of any particular parcel
under the Zoning Ordinance is a completely different subject. While the Zoning Ordinance may
say "yes, this is a B-3 zone and you can do thus and so in a B-3 zone," an applicant would have
to go before the Planning Board and perhaps the Town Board to discuss any plans for the parcel.
By changing the zoning of a parcel it does not mandate any particular use.
Mr. Renzi commented that every one of the discussions regarding the proposed Zoning
Text Amendment were open to the public. The information has been available to the public for
the last two years. He encouraged people to "do their homework," and mentioned that CEO,
Bruce Weber could also be contacted for information and/or answers to questions.
Councilman Rocco apprised Mr. Mulherin and Mr. Lissberger that they should feel free
to contact any member of the Board to ask questions or voice concerns as well.
Monthly reports for the Town Clerk and Tax Collector for the month of January 2005,
and for the SPCA for the months of November and December 2004, are on the table for review
and filed in the Town Clerk's office.
Town Clerk Snyder apprised the Board the Governance Committee would be meeting
February 3, 2005, at the County Office Building, to discuss the Board of Supervisor's. The
speaker will be Rocco D. Veronica, who is the Town Supervisor of a municipality similar in size
to the Town of Cortlandville.
Supervisor Thorpe stated the big issue to be discussed was whether to revert back to the
system of having the Town Supervisor's act as the County Legislators.
Town Clerk Snyder apprised the Board she was in receipt of notice from Joyce M. Burk
regarding the renewal of the liquor license for Bear's Place located at 3303 US Route 11,
McGraw, NY.
Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive and
file correspondence from Joyce M. Burk regarding the renewal of the liquor license for Bear's
Place, located at 3303 US Route 11 in the Town of Cortlandville. All voting aye, the motion was
carried.
Town Clerk Snyder reported that as of February 1, 2005, she and her staff collected over
$5,770,000.00 in Town and County taxes, which is 64% of the amount to be collected. The
Town Supervisor has been paid in full, while payments will continue to be paid to the County
Treasurer.
Town Clerk Snyder also reported that the Town has permission to utilize the
Cortlandville Fire Station meeting room for the Public Hearing on February 16, 2005 at 7:00
p.m. regarding the proposed Zoning Ordinance Modifications.
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FEBRUARY 02, 2005
TOWN BOARD MEETING
PAGE 5
Attorney Folmer reported:
Cortland County SPCA:
Attorney Folmer briefly discussed the Village of McGraw's request to be covered by the
Town's contract with the Cortland County SPCA. Attorney Folmer met with Mr. Ryan who
represents the Village of McGraw regarding the matter. He and Mr. Ryan were provided
documentation from Town Clerk Snyder concerning the amount of money the Town takes in for
dogs, as well as what the Town is required to do with the money under the laws of Ag. &
Markets. According to Attorney Folmer, Mr. Ryan planned to discuss the matter with the
Village and inquire whether they would be willing to compensate the Town for rthe amount it
would cost to increase the contractual relationship with the SPCA. Ultimately, the Village of
McGraw would have to discuss the issue with the SPCA.
Councilman Testa commented that the SPCA had an open house last Friday night, in
which they asked for in -kind services to help hookup to Town sewer.
Supervisor Thorpe suggested the SPCA speak with Water & Sewer Sup't. Peter Alteri
regarding any help from the Town.
Councilman Testa made a motion, seconded by Councilman O'Donnell, to receive and
file correspondence from Christopher Campbell, President of the Utility Auditing Division for
Troy & Banks, Inc. to Sandra Ruger of Niagara Mohawk Power Corp., regarding the Town's
utility bills. All voting aye, the motion was carried.
Councilman Rocco questioned how much money the error in the utility bill would
compute to.
Supervisor Thorpe commented that the error was only 15.4 kilowatts, which would not be
a large refund.
RESOLUTION #32 ACKNOWLEDGE THE CORTLAND COUNTY INDUSTRIAL
DEVELOPMENT AGENCY AS LEAD AGENCY FOR THE
TIOUGHNIOGA RIVER TRAIL
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby acknowledge the Cortland County Industrial
Development Agency as Lead Agency for the Tioughnioga River Trail.
Councilman Testa made a motion, seconded by Councilman Pilato, to receive and file
correspondence from NYS Assemblywoman, Barbara Lifton to the NYS Archives Grants
Administration and Program Support Unit, regarding the support of the Town's grant application
for GIS Needs Assessment. All voting aye, the motion was carried.
Councilman Testa made a motion, seconded by Councilman Rocco, to receive and file
the Cortland County Planning Board Resolution #05-02 regarding the Aquifer Protection Permit
application of Suit-Kote Corporation, for property located off, of US Route 11, tax map #87.00-
03-16.122. All voting aye, the motion was carried.
RESOLUTION #33 SCHEDULE PUBLIC HEARING FOR AN AQUIFER
PROTECTION PERMIT APPLICATION SUBMITTED BY
SUIT-KOTE CORPORATION FOR FEBRUARY 16 2005
Motion by Councilman Testa
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
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FEBRUARY 02, 2005 TOWN BOARD MEETING PAGE 6
BE IT RESOLVED, 'a Public Hearing shall be scheduled for February 16, 2005 at 5:00 p.m. for
an Aquifer Protection Permit application submitted by Suit-Kote Corporation, for property
located off of US Route 11, tax map #87.00-03-16.122.
Councilman Testa made a motion, seconded by Councilman Rocco, to receive and file
the Cortland County 'Planning Board Resolution #05-03 regarding the Aquifer Protection Permit
application of Suit-Kote Corporation, for property located on Loring Crossing, tax map #77.00-
01-22.000. All voting aye, the motion was carried.
RESOLUTION #34 SCHEDULE PUBLIC HEARING FOR AN AQUIFER
PROTECTION PERMIT APPLICATION SUBMITTED BY
SUIT-KOTE CORPORATION FOR FEBRUARY 16, 2005
Motion by Councilman Testa
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, a Public Hearing shall be scheduled for February 16, 2005 at 5:00 p.m. for
an Aquifer Protection Permit application submitted by Suit-Kote Corporation, for property
located on Loring Crossing, tax map #77.00-01-22.000.
Councilman O'Donnell made a motion, seconded by Councilman Pilato, to receive and
file the Cortland County Planning Board Resolution #05-01 regarding the proposed Zoning Text
Amendment for the Town of Cortlandville. All voting aye, the motion was carried.
Councilman O'Donnell made a motion, seconded by Councilman Pilato, to receive and
file the proposed Zoning Text Amendments, dated December 13, 2004. All voting aye, the
motion was carried.
RESOLUTION #35 'AUTHORIZE HIRING SALLY BOICE AS A. CLERK FOR THE
TOWN JUSTICE AND TOWN CLERK
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize the hiring of a full time employee,
Sally Boice of 11 Ferndale Lane, Homer, New York, to be shared between the Town Justice and
the Town Clerk, titled Clerk, and it is further
RESOLVED, the starting salary shall be $20,475.
There was discussion regarding the proposal from Clough Harbour & Associates to work
on the Bell Drive drainage problem for a contract fee of $14,900. Supervisor Thorpe asked
James Trasher to explain the project.
James Trasher explained that part of the drainage problem on Bell Drive is due to
drainage from the Renaissance Development, which crosses Route 281, and affects homes on
Bell Drive as well as the Cortland Country Club. He apprised the. Board that he and Highway
Sup't. Carl Bush met with residents of Bell Drive and also contacted the Cortland Country Club.
Mr. Trasher corresponded with John Walker, Maintenance Superintendent for the Country Club
regarding solving the drainage issue by utilizing the Country Club rather than reworking pipes
underneath the houses. Mr. Trasher explained that the contract fee was for the initial stage of
solving the drainage issue, which included devising a plan and getting the parties involved to
agree.
Mr. Trasher shared a map of the area with the Board and explained the different water
bodies that sit between Route 281 and Route 11. He explained they have some ability to work
with the existing water bodies and improve culverts under both the railroad tracks by Route 11
and underneath Route 281.
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FEBRUARY 02, 2005 TOWN BOARD MEETING PAGE 7
Attorney Folmer questioned whether any of the solutions would solve the problems that
are occurring at Dr. Robert Morris' house on Route 281.
Mr. Trasher stated the solution to the Bell Drive drainage problem may help Dr. Morris'
problem, but would not solve the problem. Also, Mr. Trasher contacted the NYS DOT and there
are no plans to expand the Route 281 corridor in the near future, although the expansion of the
corridor would not solve the problem.
Supervisor Thorpe asked for a motion to engage the services of Clough, Harbour &
Associates to review the Bell Drive drainage problem.
RESOLUTION #36 AUTHORIZE SUPERVISOR TO SIGN CONTRACT WITH
CLOUGH, HARBOUR & ASSOCIATES TO REVIEW THE
BELL DRIVE DRAINAGE PROBLEM
Motion by Councilman Testa
Seconded by Councilman Pilato
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign
said contract with Clough, Harbour & Associates in an amount not to exceed $14,900, to review
the Bell Drive drainage problem.
There was discussion regarding the bid for Phase I of the Starr Road Park & Recreation
Center.
Mr. Trasher apprised the Board that Clough, Harbour & Associates estimated a cost of
$305,000 for Phase I of the project, which includes the coordination of all the fields as well as
some utilities. Out of the sixteen contractors who bid on the project, the lowest bidder was
Adhan Piping Co. Inc. in the amount of $237,284.00. The highest bid was in the amount of
$404,000.00. Mr. Trasher commented that the project consumed a lot of time from Town Clerk,
Karen Snyder, as well as his associate, Chad Rivers.
Councilman O'Donnell questioned whether Mr. Trasher had ever worked with Adhan
Piping Co. Inc.
Mr. Trasher reminded the Board that Clough, Harbour & Associates worked with the
company on a few different projects, including a project in the Renaissance Development. He
commented that his company, along with Highway Sup't. Carl Bush, know the owner, Chris
Henry very well.
Before awarding the bid, Supervisor Thorpe and Attorney Folmer both questioned
whether the Town had the money to begin Phase I of the project.
Councilman O'Donnell questioned when the work would commence.
Mr. Trasher apprised the Board that work would begin no sooner than May. He
suggested the Board award the bid to the lowest bidder for the reason that once the bid is
awarded, the contractor cannot back out of the price. Because the bid amount was such an
aggressive number, he would hate to lose the low amount.
Attorney Folmer apprised Mr. Trasher that once the Town awards the bid the Town
cannot walk away from the commitment either.
Councilman Pilato suggested the Board wait until the February 16, 2005 meeting to
ensure the money was in place prior to awarding the bid.
Attorney Folmer reminded the Board they agreed that the project would not cost the
taxpayers money. If the Town borrowed bonds for the project it would cost the taxpayers
money.
Councilman Testa believed the Town had enough money for the project.
Councilman Rocco agreed with Councilman Pilato to postpone awarding the bid.
Attorney Folmer requested Mr. Trasher contact the low bidder and inform them that the
Town was double-checking financing for the project and would award the bid at a later date.
Mr. Trasher commented that the Town may have to go out for a bond due to the fact that
people have pledged to donate money for the project in the future, or over an extended period of
time. He stated the Town could go out to bond, and repay the bond with donated money rather
than taxpayers' dollars.
If that were the case, Attorney Folmer stated the Town would issue a revenue anticipation
note, instead of a bond anticipation note. Attorney Folmer stated the Town must know how
much money is currently available.
FEBRUARY 02, 2005
TOWN BOARD MEETING
PAGE 8
RESOLUTION #37 TABLE AWARD OF BID FOR PHASE I OF THE STARR
ROAD PARK & RECREATION CENTER PROJECT UNTIL
FEBRUARY 16, 2005
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby table the award of the bid for Phase I of the
Starr Road Park & Recreation Center until February 16, 2005.
Councilman Rocco commented that Gary Law did the Town and its residents a wonderful
service by selling the land on Starr Road to the Town for such a low purchase price.
No further comments or discussion were heard.
Councilman Pilato made a motion, seconded by Councilman O'Donnell, to adjourn the
Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 6:00 p.m.
Respectfully submitted,
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Karen Q. Snyder
Town Clerk
Town of Cortlandville
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