HomeMy WebLinkAbout04-20-20052-78
APRIL 20, 2005
5:00 P.M.
PUBLIC HEARING NO. 1
AQUIFER PROTECTION PERMIT
SUIT-KOTE CORPORATION
US ROUTE 11
TAX MAP #87.00-03-16.122
A Public Hearing was held by the Town Board of the Town of Cortlandville at the Town
Hall, 3577 Terrace Road, Cortland, New York, concerning an Aquifer Protection. Permit
application submitted by Suit-Kote Corporation requesting the modification of a previously
approved permit, which would permit the construction of two 70,000 gallon storage tanks; a
20,000 and 25,000 gallon preheat tanks and a 50 ft. x 50 ft. covered concrete work pad instead of
one of the previously approved 1,000,000 to 1,500,000 gallon storage tanks; relocate a
previously approved hot oil heater and dry storage building; construct a concrete pad for the hot
oil heater; a single loading rack 8 ft. x 10 ft. and an 18 ft. x 45 ft. pole barn style building for
polymer storage. The property is located off of US Route 11 behind Intertek Testing Services, in
the Town of Cortlandville, tax map #87.00-03-16.122.
Members present: Supervisor, Raymond Thorpe
Councilman, Theodore Testa
Councilman, Edwin O'Donnell
Councilman, John Pilato
Deputy Town Clerk, Kristin Rocco
Absent: Councilman, Ronal Rocco
Town Clerk, Karen Q. Snyder, RMC
Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Planning
Board member, Nick Renzi; Richard Schutz from Suit-Kote Corporation; Cathy and Cliff England;
Tammy Wallis; Susan Harris; Gerald Yaple; News Reporter Eric Mulvihill from WXHC; and News I
Reporter, Patrick Ruppe from the Cortland Standard.
filed.
Supervisor Thorpe called the Public Hearing to order.
Deputy Town Clerk, Kristin Rocco read aloud the legal notice as published, posted and
Supervisor Thorpe offered privilege of the floor to those in attendance.
No comments or discussions were heard.
Councilman Pilato made a motion, seconded by Councilman O'Donnell, to close the
Public Hearing. All voting aye, the motion was carried.
The Public Hearing was closed at 5:02 p.m.
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APRIL 20, 2005
5:02 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, John Pilato
Deputy Town Clerk, Kristin Rocco
Absent: Councilman, Ronal Rocco
Town Clerk, Karen Q. Snyder, RMC
Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Planning
Board member, Nick Renzi; Richard Schutz from Suit-Kote Corporation; Cathy and Cliff
England; Tammy Wallis; Susan Harris; Gerald Yaple; News Reporter Eric Mulvihill from
WXHC; and News Reporter, Patrick Ruppe from the Cortland Standard.
Supervisor Thorpe called the meeting to order.
Councilman O'Donnell made a motion, seconded by Councilman Pilato, to approve the
Special Town Board Minutes of December 28, 2004 as written. All voting aye, the motion was
carried.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and
file the Cortlandville Planning Board Minutes of March 1, 2005. All voting aye, the motion was
carried.
RESOLUTION #82 AUTHORIZE PAYMENT OF VOUCHERS — APRIL
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
Vouchers #214 - 231
$
16,396.06
General Fund B
B45 - B47
$
3,367.77
Highway Fund DB
D 118 - D 130
$
22,476.19
Water Fund
W65 - W74
$
10,591.00
Sewer Fund
S32 - S35
$
2,290.75
Trust & Agency
T5 - T5
$
34,829.50
Capital Projects
H34 - H40
$
4,383.99
Supervisor Thorpe offered privilege of the floor to Catherine England.
Catherine England, apprised the Board there is a drainage problem between the area of
Fisher Avenue and Harmony Circle, which has the potential for severe mosquito infestation. She
apprised the Board the problem has nothing to do with flooding as there is standing water year
round. Mrs. England requested the area be sprayed to control the mosquito problem.
Supervisor Thorpe questioned whether Mrs. England was in contact with the property
owner and apprised her that the Town cannot do very much on private property to alleviate the
situation.
Mrs. England stated she did not contact the landowner, but contacted her County
Legislator, Paul Allen who advised her to contact the Town because it was the Town who could
apply for a permit to spray the area. She stated she was not sure that spraying would be the
solution, and also suggested the use of bat boxes to help eliminate the mosquitoes. Mrs. England
presented a petition to the Board, which was signed by over 50 concerned citizens regarding the
standing water and mosquito infestation.
APRIL 20, 2005 TOWN BOARD MEETING PAGE 2
Councilman Testa commented that Bell Drive residents also have a mosquito problem as
a result of standing water.
Attorney Folmer commented that when the First Baptist Church began construction a lot
of dirt was moved, which may have contributed to the problem.
Councilman Testa suggested the Health Department be contacted regarding the problem.
Richard Schutz of Suit-Kote Corp. apprised the Board that the Health Department has
barbacide pellets which they distribute to people who have mosquito problems, especially with
the rise of the West Nile Virus.
Supervisor Thorpe questioned whether there are other places in the County where the
same situation exists. If there are other problem areas, they should look to alleviate the problem
across the County.
Attorney Folmer stated he would contact the First Baptist Church, the County Health
Department, Legislator Paul Allen, and Catherine England.
Supervisor Thorpe offered privilege of the floor to Susan Harris.
Susan Harris apprised the Board she recently purchased property, which she rented for 23
years, on the west side of Route 281, across from Cortland Country Club. In the past year and a
half, and since the Town of Cortlandville completed diversion work above her home, she and her
neighbors have had four floods. She apprised the Board the problem is that the water overflows
the stream and the drainage ditch on the west side of Route 281. The culvert, which runs under
Route 281, quickly fills up and the overflow runs across Ms. Harris' yard. Mrs. Harris apprised
the Board that her house does not have a basement and sits on a concrete slab. If flooding
occurs, it is possible that she will have six inches of water in her home.
Supervisor apprised the Board he spoke with Ms. Harris prior to tonight's meeting and
stated he turned the issue over to the Town's consultants to find out if the Town has any
responsibility in the matter. He commented that the problem is a State problem because of the
inadequate size of the drainage pipe under Route 281.
Attorney Folmer apprised Ms. Harris there is a current proposal that the Town's
engineers are studying concerning the construction of a new drainage ditch through. property
owned by the Cortland Country Club, which should alleviate some of the concern about the
water. He stated that the main problem is that the culvert under Route 281 is just not big enough.
Ms. Harris apprised the Board she just received the title and abstract to her property. In
the 1930's the culvert was deeded to the Cortland Country Club by the Wanish's who owned the
property at that time. The D.O.T. told Ms. Harris that the culvert belongs to the Country Club
and there is nothing the D.O.T. can do. However, Ms. Harris stated if the "Cortland Country
Club decided to dig up Route 281 we would find out who owned Route 281 pretty quick."
Mr. Yaple apprised the Board he corresponded with Carl Ford from the NYS D.O.T. who
apprised him that the culvert under Route 281 is not their responsibility.
Attorney Folmer requested Ms. Harris provide him with a photocopy of her abstract.
Ms. Harris shared photos with the Board of the recent flooding that has occurred.
Planning Board member, Nick Renzi apprised Ms. Harris that the Town recently spent
$300,000 on a drainage project in the Renaissance Development. He stated the ditches are
effective, and if they were not, the retention basins should alleviate the flow of water to the
properties below. He apprised the Board that during the recent thaw and rain, the retention basin
at the bottom of Renaissance Development did not have a significant amount of water in it.
Ms. Harris requested help from the Board to prevent future damage from flooding.
Monthly reports for the Justice for the month of March 2005, and for the SPCA for the
months of January and February 2005 were on the table for review and are filed in the Town
Clerk's office.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and
file the Spring 2005, Cortland Free Library News. All voting aye, the motion was carried.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and
file the 2°a Quarter Water & Sewer Report for 2005. All voting aye, the motion was carried.
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APRIL 20, 2005 TOWN BOARD MEETING PAGE 3
Attorney Folmer and the Board conducted the SEQR Short Environmental Assessment
Form for the Aquifer Protection Permit submitted by Suit-Kote Corporation for property located
off of US Route 11. Attorney Folmer reminded the Board they already approved an Aquifer
protection Permit for structures in the area, and are now being asked to modify those structures.
Attorney Folmer stated the answers to the questions should be based on the situation as it
currently exists; not what might have happened prior to the issuance of the earlier permit.
RESOLUTION #83 DECLARE NEGATIVE IMPACT FOR AQUIFER
PROTECTION PERMIT #4 OF 2005 SUBMITTED BY SUIT-
KOTE CORPORATION FOR PROPERTY LOCATED OFF OF
US ROUTE 11
Motion by Councilman Pilato
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
WHEREAS, an Aquifer Protection Permit application was submitted by Suit-Kote Corporation
for property located off of US Route 11, requesting the modification of previously approved
permits, and
WHEREAS, the applicant is requesting the construction of two 70,000 gallon storage tanks; a
20,000 and 25,000 gallon preheat tanks and a 50 ft. x 50 ft. covered concrete work pad instead of
one of the previously approved 1,000,000 to 1,500,000 gallon storage tanks; relocate a
previously approved hot oil heater and dry storage building; construct a concrete pad for the hot
oil heater; a single loading rack 8 ft. x 10 ft. and an 18 ft. x 45 ft. pole barn style building for
polymer storage, tax map #87.00-03-16.122, 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
Suit-Kote Corporation, Aquifer Protection Permit #4 of 2005, shall have no significant
environmental impact.
RESOLUTION 984 AUTHORIZE SUPERVISOR TO SIGN SEQRA APPLICATION
OF AQUIFER PROTECTION PERMIT #4 OF 2005
Motion by Councilman Pilato
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA
application relating to Aquifer Protection Permit #4 of 2005, submitted by Suit-Kote
Corporation.
RESOLUTION #85 APPROVE AQUIFER PROTECTION PERMIT #4 OF 2005
SUBMITTED BY SUIT-KOTE CORPORATION FOR
PROPERTY LOCATED OFF OF US ROUTE 11
SUBJECT TO CONDITIONS
Motion by Councilman Testa
Seconded by Councilman Pilato
VOTES: ALL AYE 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
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APRIL 20, 2005 TOWN BOARD MEETING PAGE 4
BE IT RESOLVED, the Town Board does hereby approve Aquifer Protection Permit #4 of 2005,
submitted by Suit-Kote Corporation for property located off of US Route 11, permitting the
modification of previously approved permits allowing for the construction of two 70,000 gallon
storage tanks; a 20,000 and 25,000 gallon preheat tanks and a 50 ft. x 50 ft. covered concrete
work pad; relocate a hot oil heater and dry storage building; construct a concrete pad for the hot
oil heater; a single loading rack 8 ft. x 10 ft. and an 18 ft. x 45 ft. pole barn style building for
polymer storage, tax map #87.00-03-16.122, subject to the following conditions:
1. The applicant providing the Town with provisions for removal of the proposed tanks
once they are no longer in use.
2. Modification of the NYS Department of Environmental Conservation (DEC) Major
Oil Storage Facilities permit.
3. A negative declaration of environmental impact under SEQR.
AND IT IS FURTHER RESOLVED, the Supervisor is hereby authorized to sign the permit.
Deputy Town Clerk Kristin Rocco apprised the Board that Town Clerk Snyder received
notification from Pomeroy, Armstrong & Casullo, LLP on behalf of Walden Oaks Country Club,
Inc., regarding their intent to apply for a liquor license for their new addition.
Councilman Testa made a motion, seconded by Councilman O'Donnell, to receive and file
correspondence from Attorney, Francis J. Casullo of Pomeroy, Armstrong, & Casullo, LLP on
behalf of Walden Oaks Country Club, Inc. regarding their intent to apply for a liquor license for
property located at 3369 Walden Oaks Blvd. All voting aye, the motion was carried.
Attorney Folmer reported:
Zoning Text Amendment:
Attorney Folmer reminded the Board a final Public Hearing was scheduled for Monday,
April 25, 2005 at 4:00 p.m. to discuss the proposed changes to the Town Zoning Text
Amendment. The purpose of the public hearing was to satisfy the notice requirement, and to
incorporate into the final record all of the proceedings the Board has had prior to the April 25,
2005 meeting. Therefore, the public would not need to reiterate what has already been said at
prior meetings.
Attorney Folmer requested the Board give some thought as to what it wanted to do with
regard to lot coverage.
Wal-Mart Supercenter PUD Scoping Session:
Attorney Folmer stated the Board has assumed Lead Agency status for the Planned Unit
Development application submitted by Wal-Mart Real Estate Business Trust. The Board
scheduled a Scoping Session for May 11, 2005 at 1:30. While the meeting is open to the public,
it is not a public hearing. Attorney Folmer explained the purpose of the Scoping Session "is to
attempt to limit and define those issues which the applicant needs to express and address in its
Draft Environmental Impact Statement." At the conclusion of the Scoping Session, all of the
issues need to be included so that they can be commented in the Draft Environmental Impact
Statement. The applicant must then prepare the DEIS in order to satisfy the Board as to the fact
that they have addressed the issues. The Town's consultants will identify whether the DEIS is
complete or not.
Attorney Folmer stated the Scoping Session is extremely important, as it becomes the
basis for the determinations that the Board will make under SEQR.
Councilman Testa made a motion, seconded by Councilman O'Donnell, to receive and
file correspondence from Albert S. Vetter, P.E., NYS DOT regarding Lead Agency statues for
the proposed Wal-Mart Supercenter PUD application. All voting aye, the motion was carried.
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APRIL 20, 2005 TOWN BOARD MEETING PAGE 5
RESOLUTION #86 AUTHORIZE SUPERVISOR TO SIGN APPLICATION TO
NEW YORK STATE UNIFIED COURT SYSTEM FOR A
GRANT UNDER THE JUSTICE COURT ASSISTANCE
PROGRAM
Motion by Councilman Testa
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
WHEREAS, the New York State Unified Court System has available to the town and village
courts a grant with a maximum award of $20,000, available through the Justice Court Assistance
Program, and
WHEREAS, Town Justice Francis J. Casullo has requested applying for such grant for the Town
Court to provide a fireproof file cabinet, which currently does not exist, and
WHEREAS, the amount Town Justice Casullo is requesting from such grant will not exceed
$4,000, and
WHEREAS, Thoma Development Consultants will file the application on the Town's behalf,
therefore
BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign such application,
and it is further
RESOLVED, the Town Clerk is hereby authorized and directed to prepare a certified copy of the
foregoing resolution to be forwarded to the Unified Court System along with the completed
application.
Councilman O'Donnell made a motion, seconded by Councilman Pilato, to receive and
file correspondence from Thomas J. Kelly of the Environmental Facilities Corp. regarding the
Clean Water State Revolving Fund application. All voting aye, the motion was carried.
There was discussion regarding correspondence from Barry W. Deal of Troy & Banks
regarding the Town's Utility Audit. According to the correspondence cost savings were
available if the Town purchased its electric supply from Advantage Energy, Inc.
Councilman O'Donnell commented that as long as it would save the Town money he did
not think they "have anything to lose" by purchasing power through another company.
Councilman Testa requested Troy & Banks provide the Town with more information. In
the correspondence, Troy & Banks indicated a projected savings of $1260 to the Town.
However, Councilman Testa was concerned because there was no indication of how much
money the Town would have to pay Troy & Banks for finding the savings.
Attorney Folmer explained that while the Town could purchase power from another
company, the electric dealer would remain Niagara Mohawk. According to the correspondence,
Troy & Banks has no compensatory relationship with any Energy Service Company that it
recommends.
No action was taken on this matter. Supervisor Thorpe stated he would call Mr. Deal and
inquire what Troy & Banks' fee would be.
RESOLUTION #87 AUTHORIZE THE CORTLAND CITY SCHOOL DISTRICT
USE OF THE VOTING MACHINE AND MEETING ROOM TO
CONDUCT THEIR ANNUAL SCHOOL BOARD ELECTION
ON MAY 17, 2005
Motion by Councilman Pilato
Seconded.by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize the Cortland City School District
use of the town voting machine and the meeting room to conduct their annual School Board
Elections on May 17, 2005.
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APRIL 20, 2005 TOWN BOARD MEETING PAGE 6
RESOLUTION #88 AUTHORIZE THE MCGRAW CENTRAL SCHOOL DISTRICT
USE OF THE VOTING MACHINE TO CONDUCT THEIR
ANNUAL BUDGET VOTE ON MAY 17, 2005
Motion by Councilman Testa
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize the McGraw Central School District
use of the Town voting machine to conduct their annual budget vote on May 17, 2005.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and
file correspondence from Congressman Sherwood Boehlert regarding his support for the
Community Development Block Grant application for the Blodgett Mills area. All voting aye,
the motion was carried.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and
file correspondence from Senator James Seward regarding his support for the Community
Development Block Grant application for the Blodgett Mills area. All voting aye, the motion was
carried.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and
file the Petition for Special Relief of Time Warner Entertainment-Advance/Newhouse
Partnership, dba Time Warner Cable. All voting aye, the motion was carried.
RESOLUTION #89 AUTHORIZE SUPERVISOR TO TRANSFER $446.35 FROM
GENERAL FUND A TO THE CAPITAL PROJECT
MUNICIPAL WATER/SEWER BUILDING PROJECT
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, the bookkeeper has requested a cash advance be transferred from General Fund A
to the Capital Project Municipal Water/Sewer Building Project, therefore
BE IT RESOLVED, the Supervisor is hereby authorized and directed to transfer $446.35 from
General Fund A to the Capital Project Municipal Water/Sewer Building Project, and it is further
RESOLVED, that General Fund A will be reimbursed when the project is bonded.
There was a brief discussion regarding the request of CEO, Bruce Weber to be paid for
unused vacation days. According to his correspondence, he has been unable to utilize his
vacation time due to the demands of his busy work schedule.
Councilman Testa questioned whether it was legal for the Board to grant CEO Weber's
request. He felt it was important for employees to use their vacation time.
Attorney Folmer apprised Councilman Testa that the Board has paid other Town
employees in the past for unused vacation days.
Deputy Town Clerk, Kristin Rocco apprised the Board they authorized payment to CEO
Weber for unused vacation days in 2003.
Attorney Folmer stated he would like to review the Town's Personnel Policy, and
commented that there are several things that must be considered: 1) Does the employee get paid
using the current pay rate or using the pay rate from the year the vacation days are unused from?
2) Would the Board establish this as a policy for all employees? Highway Sup't. Carl Bush
informed Attorney Folmer that on occasion the Town has paid. no more than two weeks vacation
time to employees making the same request.
Attorney Folmer requested the Board table any action on the matter until the next
meeting in order to allow him time to review the Town's Personnel Policy.
Supervisor Thorpe suggested modifying the Town's Personnel Policy to put a limit on the
amount of buyback that can be exercised, as the money has not been budgeted for.
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APRIL 20, 2005 TOWN BOARD MEETING PAGE 7
RESOLUTION #90 TABLE REQUEST OF CEO BRUCE WEBER TO BE PAID FOR
ACCRUED UNUSED VACATION DAYS
Motion by Councilman Pilato
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Board does hereby table the request of CEO, Bruce Weber to be paid for
accrued unused vacation days until their Town Board Meeting on May 4, 2005.
RESOLUTION #91 REFER AQUIFER PROTECTION PERMIT APPLICATION
SUBMITTED BY KIMCO REALTY LLC TO THE TOWN AND
COUNTY PLANNING BOARDS FOR REVIEW AND
RECOMMENDATIONS
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Aquifer Protection Permit application submitted by KIMCO Realty
LLC (Dunkin' Donuts) for property owned by Pioneer Corp., located at 927 Route 13, tax map
#95.16-01-21.000, shall be referred to the Town and County Planning Boards for their review
and recommendations.
Councilman Testa made a motion, seconded by Councilman Pilato, to receive and file
correspondence from the Cortland County Planning Board regarding the Aquifer Protection
Permit application of New Plan Excel Realty Trust, Inc., for property located off of NYS Route
281, tax map 496.09-01-02.200. All voting aye, the motion was carried.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and
file correspondence from the Cortland County Planning Board regarding the Aquifer Protection
Permit application submitted by Whelan & Curry Construction Services, Inc., for property
located off of Luker Road, tax map #85.20-01-35.200. All voting aye, the motion was carried.
There was a brief discussion regarding the Zoning Text Amendment for residential height
construction. The County Planning Board recommended approval of the amendment based on 1)
written confirmation from the fire chiefs for the Cortlandville, Homer, and McGraw fire districts
concerning their ability to adequately fight a fire in a residential structure up to 40 feet; and 2) a
negative declaration of environmental impact under SEQR.
Attorney Folmer suggested the Board defer scheduling a public hearing on the matter
until the May 4, 2005 Board meeting.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and
file correspondence from the Cortland County Planning Board regarding Local Law - 2005, a
Zoning Text Amendment regarding residential height construction. All voting aye, the motion
was carried.
No further comments or discussion were made.
Supervisor Thorpe requested the Board convene to an Executive Session to discuss a
personnel matter.
Councilman Pilato made a motion, seconded by Councilman Testa, to recess the Regular
Meeting to an Executive Session. All voting aye, the motion was carried.
The meeting was recessed at 5:48 p.m.
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APRIL 20, 2005 TOWN BOARD MEETING PAGE 8
The following information was received from the Supervisor's office.
Councilman Testa made a motion, seconded by Councilman O'Donnell, to adjourn the
Executive Session and reconvene to the Regular Meeting. All voting aye, the motion was
carried.
Councilman Testa made a motion, seconded by Councilman O'Donnell to receive and
file a petition from concerned citizens and parents regarding the standing water and mosquito
problem between Fisher Avenue and Harmony Circle. All voting aye, the motion was carried.
There was a brief discussion regarding the Zoning Text Amendment regarding residential
building height construction. The Board decided to add to the April 25, 2005 meeting agenda
discussion of increasing residential height to 40 ft., which would enable the Board to schedule a
public hearing regarding the matter.
No further comments or discussion were made.
Councilman Pilato made a motion, seconded by Councilman Testa, to adjourn the
Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 6:07 p.m.
Respectfully submitted,
Karen Q. Snyder, RMC
Town Clerk
Town of Cortlandville
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