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HomeMy WebLinkAbout05-03-2006MAY 03, 2006 7:00 P.M. IZ7 ii 1 TOWN BOARD MEETING The Regular Meeting of the Town Board of the Town of Cortlandville was held at the McGraw Community Building in the Village of McGraw, New York, with Supervisor Tupper presiding. Members present: Supervisor, Richard C. Tupper Councilman, Theodore V. Testa Councilman, Edwin O'Donnell Councilman, Ronal L. Rocco Councilman, John C. Proud Town Clerk, Karen Q. Snyder Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Planning Board member, Nick Renzi; Seth Johnson from Clough Harbour & Associates LLP.; William Breidinger, Assistant Director of the Department of State, and Project Director of the Brockway Truck Museum; Stan Kluman from the Lamont Memorial Free Library; Village of McGraw Mayor, Jay Cobb; Grace Meddaugh; News Reporter, Corey Preston from the Cortland Standard; and Sharon Stevens for Channel 2, Access TV. Supervisor Tupper called the meeting to order. Supervisor Tupper thanked the Lamont Memorial Free Library Board of Trustees for their invitation to tour the library prior to the meeting. He encouraged those who have not visited the library since the renovations to take the opportunity to do so. Councilman Testa made a motion, seconded by Councilman Proud, to receive and file the Zoning Board of Appeals Minutes of February 28, 2006. All voting aye, the motion was carried. Councilman Testa made a motion, seconded by Councilman Proud, to receive and file the Zoning Board of Appeals Minutes of March 28, 2006. All voting aye, the motion was carried. The Draft Town Board Minutes of March 15, 2006 were provided to the Board. Supervisor Tupper offered privilege of the floor to those in attendance. Councilman Proud apprised the Board he received a phone call from a constituent concerning an issue he had with a building permit. Councilman Proud stated he would investigate the issue and report back to the Board. Supervisor Tupper stated he was aware of the situation and spoke with his secretary and the Code Enforcement Officer regarding the issue. However, he stated that if the constituent is still calling Board Members then the matter may not be resolved. Councilman Rocco apprised the Board he took the opportunity to speak with one of the executives at SUNY Cortland concerning testing the water at the Route 281 SUNY Cortland parking lot, which is across from the Water Works. Councilman Rocco suggested SUNY Cortland contact John Helgren at the County Health Department. William Breidinger, Assistant Director of the Department of State, and Project Director of the Brockway Truck Museum, apprised the Board a grant was available through the State of New York for museums, which the Town could apply for on behalf of the Brockway Truck Museum. The cost to construct and create the Brockway Truck Museum would be approximately $3,000,000.00. The Museum already received a $300,000.00 donation from a private citizen. Mr. Breidinger informed the Board the Town would function as a financial clearinghouse for the grant; the money would be awarded to the Town who would in turn give the money to the Museum. If approved, the money from the grant would start the first step of the project, allowing the Museum to hire an architectural engineer. Mr. Breidinger apprised the Board he would ask the County for $25,000.00 on May 18, 2006. The Museum would also ask the Department of State for $60,000.00, which the Museum would match. 128 MAY 03, 2006 TOWN BOARD MEETING PAGE 2 After discussion, the Board decided to table the matter until the May 17, 2006 Town Board Meeting, to allow Attorney Folmer time to review the grant application. If Attorney Folmer found the application to be appropriate a Special Meeting could be conducted to authorize the Supervisor to sign the grant application. Monthly reports of the Town Clerk, Tax Collecter, Supervisor, and the Water & Sewer Department for the month of April 2006, and for the SPCA for the month of March 2006, were on the table for review and are filed in the Town Clerk's office. There was discussion regarding the acquisition of property on Bennie Road and NYS Route 215. Highway Sup't. Bush apprised the Board they intended to move the intersection of Bennie Road and NYS Route 215 to a different, safer, location. The New York State Department of Transportation agreed with the new location of the intersection. Supervisor Tupper stated the property was appraised and an agreement between the Town and the property owner was reached regarding the sale of the property. RESOLUTION #93 ACCEPT CONVEYANCE OF DEED FROM DONALD P. REED FOR PROPERTY LOCATED AT 3334 NYS ROUTE 215 Motion by Councilman Rocco Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby accept the conveyance of a deed from Donald P. Reed for property located at 3334 NYS Route 215, a portion of tax map 4106.00-01-06.200, and it is further RESOLVED, the Board hereby accepts the deed subject to Town Attorney and Town Highway Sup't. approval. There was discussion regarding the National Incident Management System (NIMS) Fire & Emergency Management, which was adopted by the Town Board at the April 19, 2006 Town Board Meeting. Highway Sup't. Bush apprised the Board training on NIMS would be held from 7:00- 9:00 p.m. on May 31, 2006 at the Cortlandville Fire Department, 999 NYS Route 13. Town officials and employees would be asked to attend the training. There was a brief discussion regarding the water and sewer benefit tax for the Renaissance Development. Supervisor Tupper noted that Assessor Briggs was working on the issue and would report back to the Board at a later date. He asked that the item remain on the agenda under "Old Business" until the Board received the report. Attorney Folmer reported: Conveyance of Deed — Hillside Drive: Attorney Folmer apprised the Board he spoke with Attorney Purser representing Norman and Shirley Grant for the conveyance of the deed for property on Hillside Drive. The Board already adopted a resolution accepting the conveyance for when the paperwork is prepared in its proper form. Upon receipt of the deed, the purchase price for the property could be paid. Annexation. of Land — Request made by Gary Wilcox: Attorney Folmer apprised the Board he started to research the request made by Gary Wilcox at the April 5, 2005 meeting, to annex one of his parcels on Bell Drive from the Village of Homer to the Town of Cortlandville. At this time, Attorney Folmer had nothing to report to the Board. 1Z9 MAY 03, 2006 TOWN BOARD MEETING PAGE 3 Tax Certiorari Claim: Attorney Folmer apprised the Board the tax certiorari claim filed by Eric Barden was settled in advance of the May 1, 2006 deadline. The assessment was based on appraisals obtained by both Mr. Barden and the Town. In addition, Assessor Briggs would make adjustments to the adjacent properties. Bonding Resolution: Attorney Folmer apprised the Board he was in receipt of the Bonding Resolution authorizing the issuance of a serial bond for a period of 25 years in the amount of $1.2 million for the purpose of renovating and expanding the Raymond G. Thorpe Municipal Building (Town Hall). The total cost is estimated at $1.7 million; the Town has approximately $500,000 in reserve for such purpose. Attorney Folmer requested a member of the Board make a motion to adopt the Bonding Resolution for the $1.2 million so the money would be available for the construction and renovation. Supervisor Tupper commented that there had been no correspondence or discussion with regard to the permissive referendum, although the thirty -day period had not expired. RESOLUTION #94 BOND RESOLUTION OF THE TOWN OF CORTLANDVILLE, NEW YORK, ADOPTED MAY 3, 2006, AUTHORIZING THE RECONSTRUCTION AND EXTENSION OF TOWN HALL; STATING THE ESTIMATED MAXIMUM COST THEREOF IS $1,700,000; APPROPRIATING SAID AMOUNT THEREFOR, INCLUDING THE EXPENDITURE OF $500,000 TOWN FUNDS CURRENTLY AVAILABLE TO PAY A PART OF SAID APPROPRIATION; AND AUTHORIZING THE ISSUANCE OF $1,200,000 BONDS OF SAID TOWN TO FINANCE THE BALANCE OF SAID APPROPRIATION Motion by Councilman Proud Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED THE TOWN BOARD OF THE TOWN OF CORTLANDVILLE, IN THE COUNTY OF CORTLAND, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two- thirds of all the members of said Town Board) AS FOLLOWS: Section 1. The Town of Cortlandville, in the County of Cortland, New York (herein called the "Town"), is hereby authorized to reconstruct and extend Town Hall. The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $1,700,000 and said amount is hereby appropriated therefore. The plan of financing includes the expenditure of $500,000 Town funds currently available to pay a part of said appropriation, the issuance of $1,200,000 bonds of the Town to finance the balance of said appropriation, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 2. Serial bonds of the Town in the principal amount of $1,200,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the "Law", , Law"), to finance a part of said appropriation. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness applicable to the object or purpose for which said serial bonds are authorized to be issued, within the limitations of Section 11.00 a.12.(a)(1) of the Law, is twenty-five (25) years. (b) The proceeds of the bonds herein authorized, and any bond anticipation notes issued in anticipation of said bonds, may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized, or for such expenditures made on or before such effective date if the Town Board has made a prior declaration of intent to issue indebtedness therefore. The foregoing statement of intent with respect to reimbursement is made in 13o MAY 03, 2006 TOWN BOARD MEETING PAGE 4 conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The proposed maturity of the bonds authorized by this resolution will exceed five years. Section 4. Each of the bonds authorized by this resolution, and any bond anticipation notes issued in anticipation of the sale of said bonds, shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds, and any notes issued in anticipation of said bonds, shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town without limitation as to rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds, and any notes issued in anticipation of the sale of said bonds, and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 and 168.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, and relative to executing contracts for credit enhancements and providing for substantially level or declining annual debt service, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of the sale of said bonds, may be contested only if: a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or b) the provisions of law which should be complied with at the date of the publication of such resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This bond resolution is subject to a permissive referendum and the Town Clerk is hereby authorized and directed, within ten (10) days after the adoption of this resolution, to cause to be published, in full, in the "THE CORTLAND STANDARD," a general newspaper having a general circulation within said Town and hereby designated the official newspaper of the Town for such publication and posted on the sign board of the Town maintained pursuant to the Town Law, a Notice in substantially the following form: TOWN OF CORTLANDVILLE, NEW YORK PLEASE TAKE NOTICE that on May 3, 2006, the Town Board of the Town of Cortlandville, in the County of Cortland, New York, adopted a bond resolution entitled: "Bond Resolution of the Town of Cortlandville, New York, adopted May 3, 2006, authorizing the reconstruction and extension of Town Hall; stating the estimated maximum cost thereof is $1,700,000; appropriating said amount therefore, including the expenditure of $500,000 Town funds currently available to pay a part of said appropriation; and authorizing the issuance of $1,200,000 bonds of said Town to finance the balance of said appropriation," an abstract of such bond resolution, concisely stating the purpose and effect thereof, being as follows: 1 131 MAY 03, 2006 TOWN BOARD MEETING PAGE 5 FIRST: AUTHORIZING said Town to reconstruct and extend Town Hall; STATING the estimated maximum cost thereof; including preliminary costs and costs incidental thereto and the financing thereof, is $1,700,000; APPROPRIATING said amount therefore; and STATING the plan of financing includes the expenditure of said $500,000 Town funds currently available to pay a part of said appropriation, the issuance of $1,200,000 bonds of the Town to finance the balance of said appropriation, and the levy of tax upon all the taxable real property within the Town to pay the principal of said bonds and interest thereon; SECOND: AUTHORIZING the issuance of $1,200,000 serial bonds of the Town pursuant to the Local Finance Law of the State of New York (the "Law") to finance a part of said appropriation; THIRD: DETERMINING and STATING the period of probable usefulness applicable to the purpose for which said serial bonds are authorized to be issued is twenty-five (25) years; the proceeds of said bonds and any bond anticipation notes issued in anticipation thereof may be applied to reimburse the Town for expenditures made after the effective date of this bond resolution for the purpose for which said bonds are authorized; and the proposed maturity of said $1,200,000 serial bonds will exceed five (5) years; FOURTH: DETERMINING that said bonds and any bond anticipation notes issued in anticipation of said bonds and the renewals of said bond anticipation notes shall be general obligations of the Town; and PLEDGING to their payment the faith and credit of the Town; FIFTH: DELEGATING to the Supervisor the powers and duties as to the issuance of said bonds and any bond anticipation notes issued in anticipation of said bonds, and the renewals thereof; and SIXTH: DETERMINING that the bond resolution is subject to a permissive referendum. Section 8. The Town Clerk is hereby authorized and directed to cause said bond resolution to be published, in summary, after said bond resolution shall take effect, in the newspaper referred to in Section 7 hereof, and hereby designated the official newspaper for said publication, together with a notice in substantially the form as provided by Section 81.00 of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York. Zoning Text Amendment: Attorney Folmer apprised the Board that at the May 17, 2006 Town Board Meeting he would provide them with his recommendations for the way in which they should proceed with the re-enactment of the Zoning Ordinance that was declared null and void. There were several legal issues that Attorney Folmer had to give an opinion on. Wal-Mart Supercenter PUD — FEIS: Attorney Folmer reported that according to the attorneys for Wal-Mart, the Final Environmental Impact Statement (FEIS) for the Wal-Mart Supercenter PUD may be available by the May 17, 2006 Town Board Meeting. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive and file correspondence from the NYS Department of Public Service dated April 19, 2006, regarding the Time Warner -Syracuse Division Franchise renewal. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file correspondence from D. Jo Schaffer dated April 16, 2006, regarding the Planning Board Public Hearing held April 11, 2006. All voting aye, the motion was carried. MAY 03, 2006 TOWN BOARD MEETING PAGE 6 Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file correspondence from Kathryn Reynolds dated April 12, 2006, regarding the Planning Board Public Hearing held April 11, 2006. All voting aye, the motion was carried. Councilman Proud apprised the Board he was in attendance of the April 11, 2005 Public Hearing held by the Planning Board. He felt the Town Board owed Ms. Shaffer and Ms. Reynolds a reply stating their correspondence was received and filed, but stated the issue was for the Planning Board. Councilman Rocco questioned whether Supervisor Tupper sent a note thanking people for their correspondence when the Board receives and files the correspondence. Supervisor Tupper apprised the Board he generally has communications with those who send correspondence to the Town, but does not always send a written response. There was discussion regarding correspondence from Attorney Shafer regarding the zone change of N.C.W.P., LLC. Attorney Folmer apprised the Board that he and Attorney Shafer had a difference of opinion regarding the matter. The Board approved the zone change of N.C.W.P., LLC. from I-2 to B-3, "Planned Commercial Business," effective November 29, 2005. However, the Zoning Text Amendment that created the B-3 classification was repealed. It was Attorney Folmer's view that "when the Zoning Ordinance was declared to be null and void that that's exactly what happened and that the old Zoning Ordinance was in effect." However, according to Mr. Shafer's correspondence it was his position that the "zone change of November 29, 2005 is valid and the property is currently zoned with the characteristics identical to those of a B-3 zone in the ordinance overturned by Judge O'Brien." Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file correspondence from Attorney Robert Shafer from Riehlman Shafer & Shafer, dated March 7, 2006, regarding the Zone Change of property located off of NYS Route 13, owned by N.C.W.P., LLC., tax map #95.00-10-11.100. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file a petition from the residents of Bennie Road and the Walden Oaks Community, to lower the speed limit on Bennie Road from 55 mph to 45 mph. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman Proud, to receive and file correspondence from Diana L. Graser, PE, New York State Department of Transportation, dated May 1, 2006, notifying the Board that a 45 mph speed limit on the full length of Bennie Road was appropriate. All voting aye, the motion was carried. Although the request to reduce the speed limit on Bennie Road was approved, the Board suggested the petition submitted by the residents of Bennie Road and the Walden Oaks Community be forwarded to the NYS DOT. Councilman Proud questioned how long it would take to receive the official order for the new speed limit, as well as how long it would take to post the new speed limit signs. Highway Sup't. Bush apprised the Board the official order should be received within a month, at which point the new signage would be posted. There was a brief discussion regarding correspondence from Tamara Sciera, Executive Director of the J.M. McDonald Sports Complex, requesting two streetlights be installed by . National Grid at 4292 Fairgrounds Road, and that the Town pay for the electric utility cost of the lights. The annual bill per streetlight is approximately $82.00. The Board agreed that for safety purposes, the installation of two streetlights was warranted. Councilman Rocco apprised the Board and those in attendance that. the Town pays for streetlights whether they are working or not. He urged citizens to notify the Town when a streetlight is not working in order to have the light repaired. 133 MAY 03, 2006 TOWN BOARD MEETING PAGE 7 RESOLUTION #95 AUTHORIZE HIGHWAY SUP'T. TO PETITION NATIONAL GRID TO INSTALL TWO STREETLIGHTS AT THE J.M. MCDONALD SPORTS COMPLEX LOCATED AT 4292 FAIRGROUNDS DRIVE Motion by Councilman Proud Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, the Town Highway Sup't. received a request from the J.M. McDonald Sports Complex to have two streetlights installed at the Sports Complex located at 4292 Fairgrounds Drive, therefore BE IT RESOLVED, the Town Board does hereby authorize and direct the Highway Sup't. to petition National Grid to have two streetlights installed at the J.M. McDonald Sports Complex, 4292 Fairgrounds Drive, and it is further RESOLVED, the correspondence from Tamara Sciera, Executive Director of the J.M. McDonald Sports Complex is hereby received and filed. There was a brief discussion regarding correspondence from the Cortland County Highway Department regarding Amnesty Week for municipalities. The County authorized the week of May 8-12, 2006 as Amnesty Week. Municipal vehicles would be exempt from tipping fees for metal objects, tires and C&D tree wastes. RESOLUTION #96 AUTHORIZE WATER & SEWER SUP'T. TO GO OUT TO BID FOR ONE NEW AND UNUSED TRAILER MOUNTED ENGINE DRIVEN GENERATOR SET Motion by Councilman Rocco Seconded by Councilman Proud VOTES: ALL AYE ADOPTED WHEREAS, the Water & Sewer Sup't. received authorization to purchase one New and Unused Trailer Mounted Engine Driven Generator Set in the amount of $15,000.00, that would enable the Town to provide back-up power to any one of its four sewage lift stations in the event of a power outage, and WHEREAS, the Water & Sewer Sup't. provided the Town Clerk with complete bid specifications, which would be available May 4, 2006 at no charge, and WHEREAS, the bids would be opened June 5, 2006 at 3:00 p.m. at the Raymond G. Thorpe Municipal Building, and awarded June 7, 2006 at 7:00 p.m. at the Regular Town Board Meeting held at the Blodgett Mills Independent Baptist Church, therefore BE IT RESOLVED, the Town Board does hereby authorize and direct the Water & Sewer Sup't. to go out to bid for one New and Unused Trailer Mounted Engine Driven Generator Set. RESOLUTION #97 REFER CODE VIOLATION OF LEO J. LADD TRUST FOR PROPERTY LOCATED AT 851 LAMONT CIRCLE TO THE TOWN ATTORNEY FOR REVIEW AND AUTHORIZE HIM TO PROCEED AS REQUIRED Motion by Councilman Testa Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the code violation of Leo J. Ladd Trust for property located at 851 Lamont Circle, Cortland, New York, is hereby referred to the Town Attorney for review, and it is further RESOLVED, the Town Attorney is hereby directed to proceed with compliance, as required. 13� MAY 03, 2006 TOWN BOARD MEETING PAGE 8 RESOLUTION #98 REFER CODE VIOLATION OF JOSEPH CAMILLO FOR PROPERTY LOCATED AT 1330 CARROLL STREET TO THE TOWN ATTORNEY FOR REVIEW AND AUTHORIZE HIM TO PROCEED AS REOUIRED Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the code violation of Joseph Camillo for property located at 1330 Carroll Street, Cortland, New York, is hereby referred to the Town Attorney for review, and it is further RESOLVED, the Town Attorney is hereby directed to proceed with compliance, as required. There was discussion regarding the bid for Phase II of the Cortlandville Starr Road Park and Recreation Center. Seth Johnson from Clough Harbour & Associates LLP. apprised the Board they received five bids for Phase II of the project. The lowest bidder was Procon Contracting from Vestal, New York, in the amount of $688,000.00. After much discussion, and by the recommendation of Attorney Folmer, the Board decided to table awarding the bid until the May 17, 2006 Town Board meeting to allow Clough Harbour & Associates more time to work on the bid. The Town is allowed 45 days after the bid opening to award the bid. RESOLUTION #99 TABLE AWARDING BID FOR PHASE II OF THE CORTLANDVILLE STARR ROAD PARK AND RECREATION CENTER UNTIL MAY 17, 2006 Motion by Councilman Proud Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IR RESOLVED, the Town Board does hereby table awarding the bid for Phase II of the Cortlandville Starr Road Park and Recreation Center until May 17, 2006. RESOLUTION #100 AUTHORIZE PAYMENT OF VOUCHERS — MAY Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers #201 - 218 $ 86,843.28 General Fund B B42 - B48 $ 18,720.56 Highway Fund DB D 150 - D 168 $ 18,421.54 Water Fund W79 - W85 $ 2,680.19 No further comments or discussion were heard. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to recess the Regular Meeting to an Executive Session to discuss the acquisition of land as well as a personnel matter. All voting aye, the motion was carried. The meeting was recessed at 8:00 p.m. The following information was received from the Supervisor's office. MAY 03, 2006 TOWN BOARD MEETING PAGE 9 135 Councilman Rocco 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. No action was taken. Councilman Rocco 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 8:30 p.m. 1 .11 Respectfully submitted, 4 OL-JQ4� Karen Q. Snyder, RMC Town Clerk Town of Cortlandville