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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
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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.
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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
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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
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