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HomeMy WebLinkAbout03-19-19869 ti Wednesday, March 19, 1986 5:15 P.M. PUBLIC HEARING LOCAL LAW NO. 2 FOR THE YEAR 1986 DEFENSE AND INDEMNIFICATION OF TOWN OFFICERS AND EMPLOYEES A Public Hearing was held at the Town Hall, 15 Terrace Road, Cortland, New York at 4:30 p.m. concerning Local Law No. 2 for the year 1986, providing for the defense and • indemnification of town officers and employees. Members present: Supervisor Melvin Pierce Councilman Warren Manning Councilman`Ray Thorpe Councilman Edwin O'Donnell Councilman Ronal Rocco Town Clerk Pauline Parker Others present were Attorney, Phillip Rumsey; Deputy Town Clerk, Beth O'Gorman; Assessor, David Briggs; Zoning and Code Enfrocement Officer, Bruce Weber; Highway Sup't., Carl Bush; Newsreporter, Kevin Conlon, and Town Residents, Richard Crozier, Paul-Stupke, Chris Temple and Mr. & Mrs. Robert Bliss. The, Public Hearing was opened by Supervisor Pierce at 5:15 p.m. The 'Town "Clerk read'the! legal notice as follows: Supervisor Pierce offered the floor - - to Attorney,-Phillip•.Rumsey.. LEGAL NOTICE TOWNOF Attorney Rumsey explained that per CORTLANDVILLE Resolution #187 adopted by the Town Board LOCAL LAW NO. 2 on November 4, 1981, provisions were made FOR YEAR 1986 for the indemnification and defense of Notice is hereby given that a Public Hearing will ' public officers to ees for acts p cers anem p y be held before the Super- per_ formed in their service as permitted visor and Town Board of the Town of Cortlandville, Cort- : by Chapter 277 of the laws of the State land County, New York at The Town Hall, 15 Terrace of New York effective June 22 1981 � f Road, Town of Corr- landvilie, New York on Recent changes in the law now permit March 19, 1986 at 5:15 municipalities to adopt certain articles o'clock p.m.. concerning proposed Local Law No. 2 of the Public Officers Law providing for for the Year 1providing for the defense and the indemnification of em to tin p �ees, acg indemnification of town of- ' in good faith, for • civil discrimination ficers and -employees in civil actions or proceedings, litigations. and for the defense and reimbursement of defense The Attorney General of the State of • costs incurred by or on behalf of town officers and ''New York has further determined' if a prior employees in criminal ac- determination> is made, municipalities tions or proceedings. A copy of the proposed ' could provide for defense and reimbursement law is available for eTow- Lion at the office of The Town in a criminal action proceeding . An Clerk. At the time and place of example was given of highway employee an g y said hearing, all parties in knocking over a mailbox and being charged interest and citizens shall have an opportunity to be with trespass or criminal mischief. heard. Dated: March 7, 1986 Both provlslons of!•Local Law No. 2 PAULINE H. PARKER, are intended to provide protection and TOWN CLERK Town ofCortlandville encouragement for individuals to serve 15 Cortland, New d Cortland, New York 13045 on boards or committees in their munici- 56-1t palities. Wednesday, March 19, 1986 page 2 Dick Crozier, Tompkins Street, asked if Local Law No. 2 would be effective on an embezzlement charge, and what provisions have been made for payment of resulting legal expenses. Attorney Rumsey stated that embezzlement would constitute a breach of good faith. Reimbursement would only occur in the case of acquittal or dismissal under such circumstances. He further stated that if the current insurance policy did not cover employees being sued individually, • the additional expense could be covered by a "self insurance" contingency fund account, anticipated expenses could be budgeted for the subsequent years. Attorney Rumsey's service, as under contract, would be utilized as well. Paul Stupke, Stupke Road, questioned the availibility of insurance to the town for criminal court actions. Attorney Rumsey agreed, however, he added. that Section 3 is very restrictive in the types of criminal action to be covered. Chris Temple asked if an employee that had breached his oath of office U.S. Constitution, would be supported in resulting legal actions, as the courts have consistently upheld that, under such circumstances, individuals are no longer government employees and can be sued individually. Although he could not speak for the Board., Mr Rumsey responded they have the authority to reimburse an individual when charged, as they are innocent until proven quilty. Attorney Rumsey commented that in adopting Local Law No. 2, the Town Board is encouraging individuals to serve in the community by assuring them that the Town Board will stand behind them, help defend them and pay for any judge- ments that ultimatly result from their service, provided it was in good faith, on behalf of the Town. This is a judgement that can be made by the Town Board under Local Law No. 2 for 1986. Dick Crozier asked why former employees were included under Section No. 1. Attorney Rumsey responded that this defi.natiion came from Public Officers Law, Section 18, because actions can arise after the term of office under the Statue of Limitations for an act during service. A discussion was held in which those in attendance were reminded that voting an officer out of office is an option., w'hen an individual is not acting in the towns . best interestyand that claims for damages would be funded. by tax money. The benefits of Local Law No. 2 could only be withheld if a finding was made that the action was not in good faith by the Town Board. There being no further comments from those in attend- ance, a motion was made by Councilman Thorpe, seconded by Councilman Manning, to close the Public Hearing. The Public Hearing was adjourned at 5:50 p.m. 19� Wednesday, March 19, 1986 Page l The regular meeting of the Town Board of the Town of Cortlandville was held at the Town Hall, 15 Terrace Road, Cortland, NY, with Supervisor Melvin Pierce presiding. Members present: Supervisor Melvin Pierce Councilman Warren Manning Councilman Ray Thorpe Councilman Edwin O'Donnell Councilman Ronal Rocco Town Clerk Pauline Parker Otheres present were Attorney, Phillip Rumsey; Deputy Town Clerk, Beth O'Gorman; Assessor, David Briggs; Zoning and Code Enforcement Officer, Bruce Weber; Highway Sup't., Carl Bush; Newsreporter, Kevin Conlon; Engineer, Hayne Smith; and town residents Richard Crozier, Paul Stupke, Chris Tempel and Mr. and Mrs. Robert Bliss. Also numerous bidders of the highway dump truck. The meeting was called to order by Supervisor Pierce at 5:00 p.m. He requested that all those in attendance rise and pledge allegience to the flag. Supervisor Pierce advised that bids would be opened for the Highway Departments New Ten Wheel Dump Truck. He stated that awarding of the bid will occur on Wednesday, April 2, 1986, and closed the receiving of further bids. The Town Clerk read the,published legal notice for the receiving of bids. The Town Clerk opened and read aloud the following bids: Dump truck bid opening Bean Mack Sales & Service Declined, 6260 East Molloy Road No Bid East Syracuse, NY 13057 Stadium Internationsl Trucks Inc. No Trade-$56,560. 105 7th North Street W/ Trade $54,310. Liverpool, NY 13088 Mucci Motor Trucks Co. Inc. No Trade 58,510. 955 Spencer Street W/ Trade $55,010. Syracuse, NY 13204 A certificate of Non -collusion, as required by Section 103D of the General Municipal Law,,was attached to all ® bids submitted. RESOLUTION #87 AUTHORIZE PAYMENT OF VOUCHERS payment of Motion by Councilman Thorpe vouchers Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED that the vouchers submitted have been audited and shall be paid as:_follows: General Fund Vc;;_chers #108 - 130 $ 9,717.34 iighway Fund 43 - 53 3,926.72 Water Fund 24 - 27 158.87 Sewer Fund 8 - 10 309.70 9"f Wednesday, March 19, 1986 Page 2 Supervisor Pierce offered those in attendance the privilege of the floor. No comments were made. A motion was made by Councilman Thorpe, seconded by Councilman Manning, to receive and file the signed agreement with Resource Engineering of Cortland. All voting aye, the motion was carried. The agreement contains the terms of services and design for the Cortlandville Town Hall expansion project. A discussion was held regarding the proposal sub- mitted by Custom Trash Service of Cortland, offering an eight dollar annual cost reduction for payment; in advance for trash services. No -action was taken. Seek assistant RESOLUTION # 88 AUTHORIZE THE SUPERVISOR Z'0 SEEK AN Water/Sewer ASSISTANT FOR THE WATER AND SEWER Supt . DEPARTMENT Motion by Councilman O'Donnell Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED WHEREAS the Water and Sewer Sup't., Fred Walker, has been working alone for the past year, and WHEREAS the position of assistant Water & Sewe:r Sup`t., has not been filled,and WHEREAS Mr. Walker is approaching the age of,retirement, and WHEREAS the Town Board recognizes the importance of on the job training combined with continuing education as required, to meet local and state licensing requirements, of the position, therefore BE IT RESOLVED that the Supervisor is hereby authorized and directed to seek an individual qualified for the position of assistant to the Water and Sewer Sup't. Advertise bids- RESOLUTION # 89 dump box -snow equip. ten wheel dump truck AUTHORIZATION TO ADVERTISE FOR BIDS - NEW -DUMP BOX AND SNOW PLOW EQUIPMENT FOR THE NEW TEN WHEEL DUMP TRUCK Motion by Councilman Thorpe Seconded,by Councilman O'Donnell' VOTES: ALL AYE ADOPTED WHEREAS monies were designated in the Highway Sup't.'s 1986 budget for the purchase of a dump box and'. snow plow equipment for the new ten wheel dump truck', therefore BE IT RESOLVED that the Highway Sup't. is hereby authorized to advertise by'legal notice, that opening of bids for a new dump box and snow plow equipment for the new ten wheel dump truck shall be done on Monday, April 14, 1986 at 4:30 p.m. in the Town Clerk.'s office in the Cortlandville Town Hall, 15 Terrace Road, Cortland, NY I� to 1 • 1 (; (I T Wednesday, March 19, 1986 Page 3 RESOLUTION # 90 AUTHORIZE ADVERTISING FOR BIDS - Advertise bids ONE NEW PICK UP TRUCK WITH SNOW new pick-up truck PLOW AND STONE MATERIAL FOR HIGHWAY DEPT. Motion by Councilman Manning Seconded by Councilman Thorpe VOTES: ALL AYE AMPTED WHEREAS monies were designated in the Highway.Sup't's 1986 budget for the purchase of one new pick up truck with a snow plow and stone material, therefore, BE IT RESOLVED that the Highway Sup't. is hereby authorized and directed to advertise by legal -notice that opening of bids for One New Pick up Truck with snow plow and stone materials, shall be done on Monday, April 14, 1986 at 4:30 p.m. in the Town Clerk's Office at the Cortlandville Town Hall, 15 Terrace Road, Cortland, NY. A motion was made by Councilman Manning, -seconded by Councilman Thorpe,'to recess -the regular meeting and hold a Public Hearing on Local Law No. 2 for 1986, providing for the defense and indemnification of town officers and employees. Refer to Page #193. A motion was made by Councilman 'Thorpe, seconded by Councilman Manning, to reconvene the regular meeting. All voting aye, the motion was carried... RESOLUTION # 91 ADOPT ORDER AND SET PUBLIC HEARING Public Hearin DATE - CORTLANDVILLE WATER EXTENSION- Water Ext. GROTON AVE., ROUTE #222, ROUTE #2811 AND WEST ROAD - Motion by Councilman O'Donnell Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED WHEREAS, there was filed in the Office of the Town Clerk of the Town of Cortlandville, Cortland County, New York, maps, plans and an engineering report relating to the establishment of a Water Improvement Project for the N.Y.S. Rt. 2221N.Y.S. Rt.-281 area of the Town of Cortland -_-- Ville, as required by Section 209-q and 209-c of the Town Law, and are available for public inspection, and WHEREAS, the description of the boundaries of the proposed benefited area is as follows: ALL THAT TRACT OR PARCEL OF LAND situated in the Town of Cortlandville, in the County of Cortland and State of New York, bounded,and described as follows':'' BEGINNING at a point in the centerline. of NYS Rte 281 at the southwest corner of Tax Map Parcel #86.17-01-10.'2;'thence running North '880 05' East a distance of 1045 feet to a point in the southeast corner of Tax Map Parcel #86.17-01-10.2; thence running North 030 20' West a distance of 431 feet to a point; thence running North 870 10' East a distance of 506 feet to a point in the southeast corner of Tax Map Parcel #86.17-01-08; thence running North 020 47' West a distance of 720 feet to a point in the northeast corner of Tax Map Parcel #86.17-01-06; thence running North 870 07' East a distance of 796 feet to a point in the southeast corner of Tax Ma Op Parcel #86.13-01-65; thence running North 03 32` 19 81 Wednesday, March 19, 1986 Page ._ 4• West a distance of'3657 feet along the westerly corporation line of the City of Cortland to a oint.in the northeast corner of Tax Map Parcel 86.09-01-28.1; thence running South 870 17' West a distance of 1276 feet to a point in the northwest corner of Tax.Map.Parcel #86.09-02-28.1;; thence running South 020 4.8' East a.distance of 2153 feet to a point in the southwest corner of Tax Map Parcel #86.13-01-11; thence running'North 570 20 ' West along the centerline of Dry Creek a distance of 232 feet to a point in the northwest corner of Tax,Map Parcel #86.13-01-37.2; thence running South 04.0 56' East a_distance.of 698 feet to a point in the centerline :. of .NYS Rte 222:;--thence--running-Sough 78028` West along the centerline of NYS Rte 222 a distance of 250 feet to`a point; thence running South 4.60 09' West a distance of 1407 feet to a point" in the Northwest corner of Tax Map Parcel #86.17-01-01; thence running South 020 23' East a distance of 4.80.feet to a point in the northeast corner of Tax Map Parcel #86.17-01-16; -thence running South 54.0 44' West a distance of 251 feet to a point in the northwest corner of Tax Map Parcel #86.17-01-16; thence running South 4.20 31' East a distance of 163 feet t.o a point in the centerline of Luker'Road; thence running South 530 25' West along the centerline of Luker Road a distance of 604 feet to a point in the northwest corner of Tax Map Parcel #86.17-02-05; thence running South 030 31' East a disttance of. 326 _feet to a point in the southwest corner of Tax Map Parcel #86.17-02-05; thence running North 720 14' East a distance of 1097 feet to the place of beginning and containing 186.5 acres of land more or less, and WHEREAS, -the proposed.improvement.consists of-the.extension of water lines along N.Y.S. Rt. 222 and N. Y. S. Rt. 281 by the construction of approximately 1,800 lineal feet, in accordance with the said plans now on file in the Office of the Town Clerk of the Town of Cortlandville, and WHEREAS, -the maximum amount proposed to be expended for said improvement is $149,000:00, and WHEREAS, the proposed method of financing the said improvement is as follows: 100% of said cost will be financed with bonds issued by the Town of Cortlandville for a maximum term of 20 years and at the interest rate prevailing at the time of sale, said bonds to be retired by payments received from the users and bene.fitors of the water improvement through water rates, charges and fees in the first instance, and only if necessary by Town charges, IT IS HEREBY _ ORDERED, that a meeting of the Town Board of the said Town of Cortlandville shall be held at the Town Hall, 15 Terrace Road, Cortland, New York-, on the 2nd day of April, 1986 at 7:30 o'clock in the afternoon of that day to hear all persons interested in"the proposed water improvement, and for such other action of said Town Board with relation to the said water improvement as may be required -by law or be deemed proper. Wednesday, March 19, 1986 Page 5 RESOLUTION # 92 ACCEPT PLANS AND MAP FOR THE Accept plans CORTLANDVILLE WATER IMPROVEMENT Grater Ext. Groton AREA.- GROT ON AVE. AND NYS Avenue RT. #281 PROJECT Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED that the Report, Plans and Map of the Cortlandville Water Improvement Area _ Groton Ave. and ® Route #281 Project for the extension of water lines, as prepared and presented by Town Engineer, Hayne Smith, is hereby received and filed, and accepted. RESOLUTION # 93 REQUEST AUTHORIZATION- TO HOLD VOTER Voter Reg. REGISTRATION DAY AT ONE SITE - Day at one CORTLANDVILLE TOWN HALL site only Motion by Councilman Manning Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED WHEREAS the Town of Cortlandville has,, six -voting, districts in the Town, and WHEREAS it is permissible for any resident to register to vote at the County Election Office at any time, and also by mail registration, and WHEREAS it is very costly for the Town to pay a minimum of four election inspectors at each polling place when the response of the public to the one day registration is low, and many inspectors have made comment to this THEREFORE, BE IT RESOLVED that the Town Board of the Town of Cortlandville does hereby request permission.from the Cortland County Board of Elections to hold the Voter Registration Day only at the Cortlandville Town Hall.for Town residents at the designated date and time, and RESOLVED that the Town Board also requests the Election Commissioners to appoint and advise the inspectors needed, and RESOLVED that the Town Clerk shall forward such request to the Cortland County Board of Elections. RESOLUTION # 94 AUTHORIZE JIM STEVENS TO HOOK-UP WITH CITY SERVICES FOR WATER AND SEWER - WEST ROAD Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS the property of Jim Stevens lies in both the City of Cortland and the Town of Cortlandville, and WHEREAS he will require water and sewer services to his new residence, and Jim Stevens City W ater/sewer hookup WHEREAS the City of Cortland is currently providing water and sewer service to this area, therefore, - Wednesday, March 19, 1986 Page 6 BE IT RESOLVED that authorization is hereby granted that Jim Stevens may request water and sewer s-ervice from the City of Cortland for his house on the! West Road in the Town of Cortlandville. Adopt Local RESOLUTION # 95 Law No. 2 1986 Employee Indemnification ADOPT LOCAL LAW NO.'2 FOR THE YEAR 1.986 - DEFENSE AND INDEMNIFICATION OF TOWN OFFICERS AND EMPLOYEES -Motion by Councilman. O'Donnell Seconded by Councilman Manning " VOTES: 'ALL AYE I)OPTED WHEREAS Resolution #187, adopted by this Town Board on November 4, 1981, provided indemnification and defense of public officers and employees for acts performed in their service as permitted by Chapter 222 of the Laws of the State of New York, effective on June 22, 1981, and WHEREAS changes -in the state law now permit municipalities to indeminify employees, acting in -good -faith for civil discrimination and criminal litigations., -and WHEREAS, a Public Hearing was held on March 19, 1986 at the Town Hall, pursuant to Town Law, Section 2164, concerning proposed Local Law No. 2 for the year 1986, providing for indemnification and defense -of public officers and employees in civil discrimination and criminal. litigation, therefore BE IT ENACTED by the Town Board of the Town of Cortlandville the adoption of Local Law No.'2.of'1986. See insert of minute book A motion was made by Councilman Rocco, seconded by Councilman O'Donnell, to adjourn the meeting: All voting aye, the motion was carried. The meeting was adjourned at 5:55 P•m- qRespetfuly sub- fitted, Pauline H. Parker Town Clerk Town of Cortlandville 1 C] 1