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HomeMy WebLinkAbout04-02-1986(Please Use this Form for Filing your Local Law with the Secretary of State) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. xx -Uvfx of CORTLANDVILLE TownCqRTIAPRVILLE .............................................................................. R Local Law No.....................2.................................... of the year 19 ..E.E5.... A local law PROVIDING„FOR„THE,.,DEFENSE_,.... QF.... T.OWN... pEE1.CERS AND EMPLOYEES IN CIVIL ACTIONS OR PROCEEDINGS, AND FOR THE DEFENSE AND REIMBURSEMENT OF DEFENSE COSTS INCURRED BY OR ON BEHALF OF TOWN OFFICERS AND EMPLOYEES IN CRIMINAL ACTIONS OR PROCEEDINGS. Be it enacted by the TOWN BO„_....._._..._.... of the ............................ BOARD ......................................................... ............. (Aloe® of Legislative Body) "Mw< Orr- of .... .... CORTLANDVILLE........................................................................................................ as follows: Town ......................... x' SECTION 1. Definitions. As used in this local law, and unless the context otherwise indicates, the term "employee" shall mean any person holding a position by election, appointment or employment in the service of the Town, whether or not compensated, or a volunteer expressly authorized to participate in a town -sponsored volunteer program, but shall not include an independent contractor; and the term employee shall include a former employee, his estate or a judicially appointed personal representative. SECTION 2. Defense and indemnification of town officers and employees in a civil action or proceeding. 1. The Town of Cortlandville hereby confers the benefits of the provisions of section 18 of the Public Officers Law upon all town officers and employees(heretofore also provided by Resolution No. 187 in 1981). 2. The Town shall also provide for the defense of any town officer or employee in any civil action or proceeding arising out of any alleged act or omission in which it is alleged that the officer or employee has violated the civil rights of the claimant, petitioner or plaintiff under sections 1981 and 1983 of the U.S. Civil Rights Act, and the Town shall indemnify and save harmless such officer or employee in the amount of any judgment or settlement of claim obtained against such officer or employee. Such legal defense and indemnification shall be provided where the officer or employee at the time of such alleged act or omission was acting in good faith and within the scope of his public employment, powers or duties. The provisions of this section shall be in addition to any other statute, local law or enactment providing legal defense and indemnification in civil actions brought against such officer or employee. (If additional space is needed, please attach sheets of the same size as this and number each)20 Page 1 Section 3. Defense and reimbursement of defense costs incurred by or on be a o a town o icer or employee in a crimina ac ion or procee ing. 1. To the extent permitted by law, the Town shall provide for the defense of any town officer or employee who is charged in a criminal action or proceeding with a crime or other offense, provided the officer or employee at the .time of the alleged crime or offense was acting in good faith and within the scope of his public employment, powers or duties. 2. (a) Upon compliance by an employee with the provisions of subdivision 3 of this section, and subject to the conditions set forth in paragraph (b) of this subdivision, it shall be the obligation of the Town to pay reasonable attorneys fees and litigation expense incurred by or on behalf of an employee in his or her defense of a criminal action or proceeding in a state or federal court arising out of any act which occurred while such employee was acting in good faith and within the scope of his public employment or duties upon his acquittal or upon dismissal of the criminal charges against him, or reasonable attorneys fees incurred in connection with an appearance before a grand jury which returns no true bill against the employee where such appearance was required as a result of any action which occurred while such employee was acting in good faith and within the scope of his public employment or duties unless such appearance occurs in the normal course of the public employment or duties of such employee. (b) Upon receipt of an application for reimbursement for reasonable attorneys fees or litigation expenses or both made by or on behalf of an employee as provided in subdivision three of this section, the Town Board, shall determine, based upon its investigation and review of the facts and circumstances and in consultation with its legal adviser and other agencies as may be appropriate, whether such reimbursement shall be paid. The Town Board shall notify the employee in writing of its determination and upon determining that such reimbursement should be provided, reimbursement shall be made for such fees or expenses or both upon audit and approval of the Town Board. Any dispute with regard to entitlement to reimbursement or the amount of litigation expenses or the reasonableness of attorneys fees shall be resolved by a court of competent jurisdiction upon appropriate motion or by way of a special proceeding. 3. Reimbursement of reasonable attorneys fees or litigation expenses or both by the Town as prescribed by this section shall be conditioned upon (a) delivery to the Town Clerk by the employee of a written request for reimbursement of expenses together with, in the case of a criminal proceeding, the original or a copy of any accusatory instrument within ten days after the employee is arraigned upon such instrument or, in the case of a grand jury appearance, written documentation or evidence of such appearance and (b) the full cooperation of the employee in the defense of any action'or proceeding against the Town upon the same act and in the prosecution of any appeal. 4. Except as otherwise specifically provided in this section, the provisions of this local law shall not be construed in any way to impair, alter, limit, modify, abrogate or restrict any immunity available to or conferred upon any unit, entity, officer or employee of the Town or any other level of government, or any right to defense and/or indemnification provided for any governmental officer or employee by, in accordance with, or by reason of, any other provisions of state or federal statutory or common law. Section 4. Separability. If any provision of this local law or the application thereof to any person or circumstance be held unconstitutional or invalid in whole or in part by any Court of competent jurisdiction, such holding of unconstitutionality or invalidity shall in no way affect or impair any other provision of this local law or the application of any such provision to any other person or circumstances. Section 5. Effective date. This local law shall take effect in accordance with the provisions of the Municipal Home Rule Law. a- r% ,C.,'� Wednesday, April 2, 1986 7:30 P.M. PUBLIC HEARING CORTLANDVILLE WATER IMPROVEMENT AREA OF 1086-(GROTON AVENUE AND N.Y.S. ROUTE 222/ N.Y.S. ROUTE 281)_ A Public Hearing was held at the Cortlandville Town Hall, 15 Terrace Road, Cortland, New York, at 7:30 p.m., concerning the Cortlandville"Water Improvement Area of 1986, in the Groton Avenue, and N.Y.S. Route 222/281 area. Members present : Supervisor Melvin Pierce Councilman Warren Manning Councilman Ray Thorpe Councilman,Edwin O'Donnell Councilman Ronal Rocco Town Clerk Pauline H. Parker Others present were Deputy Town Clerk, Beth O'Gorman; Typist, Edna Puzo; Engineer, Hayne Smith; Assessor, David Briggs; Newsreporter, Kevin Conlon, and Town Residents, Pat Casey, Ken Andrews, Dick Crozier, Mr. & Mrs. Samuel Fish and Helen Chaplin. The Public Hearing was called to order by Supervisor Pierce at 7:30 p.m. The Town Clerk"read the legal notice which is on file in the Clerks office. Supervisor Pierce explained that this water improvement project benefits the -same area as last years sewer improve- ment project in the Groton Avenue Rt. 222/281 area. Mr. & Mrs. Fish and Helen Chaplin asked if residents in the benefited area would be able to obtain water hookup. Supervisor Pierce responded that residential service was encouraged and reviewed the necessary procedures. Further information will be available to interested persons when the project is completed. There being no further comments or questions, Council- man O'Donnell made a motion, seconded by Councilman Manning, to adjourn the Public Hearing. All voting aye, the motion was carried. The Public Hearing closed at 7:40 p.m. Wednesday, April 2, 1986 Page 1 REGULAR MEETING The Regular Meeting of the Town Board of the Town of Cortlandville was held at the Town Hall, 15 Terrace Road, Cortland, New York, with Supervisor Pierce presiding. Members present: Supervisor Melvin Pierce Councilman Warren Manning Councilman Ray Thorpe Councilman Edwin O'Donnell Councilman Ronal Rocco Town: Cl'erk:. Pauline H . Parker Others present were, Deputy Town Clerk, Beth O'Gorman; Typist, Edna Puzo; Engineer, Hayne Smith; Assessor, David Briggs; Newsreporter, Kevin Conlon, and Town :Residents Pat Casey, Ken Andrews, Dick Crozier, Mr. & Mrs. Samuel Fish and Helen Chaplin. The meeting was called to order by Supervisor Pierce at 7:40 p.m., following the Public Hearing providing for Water Improvement Project for N.Y.S. Route 222,/281.area of the Town of Cortlandville. He requested that those in attendence rise and pledge allegience to the flag. RESOLUTION #96 AWARD BID -HIGHWAY DEPARTMENT TEN WHEEL DUMP TRUCK Motion by Councilman O'Donnell Seconded by Councilman Manning VOTES: ALL AYE ADOPTED award bids WHEREAS on February 5, 1986, authorization was given -ten wheel to advertise for bids for ,a ten wheel :dump truck for dump truck the Highway Department to be opened on March 5, 1986, at 7:30 p.m., and WHEREAS due to the illness of the Highway Superintendent, an extension of the bid opening was made until March 19, 1986, at 5:00 p.m., to be awarded on April 2, 1986, at the Regular Meeting of the Cortlandville Town :Board at 7:30 p.m., therefore BE IT RESOLVED that the bid for the new Highway Department ten wheel dump truck chasis is awarded to Stadium Inter- national Inc., of 105 Seventh North Street, Liverpool, New York. The bid was accepted without trade -at a cost of $56,560.00. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to acceptyas written,the minutes of March 5, 1986, and March 19, 1986. All voting aye, the motion was carried. Councilman Thorpe made a motion, seconded by Council- man Manning, to receive and file the March 25, 1986, minutes of the Cortlandville Planning Board. All voting aye, the motion was carried. C . ty Wednesday, April 2, 1986 Page 2 RESOLUTION #97 AUTHORIZE PAYMENT OF VOUCHERS Motion by Councilman Thorpe Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED that the vouchers.submitted have been audited and shall be paid as follows: General Fund Vouchers # 131 - 149 $9,679.84 ® Highway 54 - 62 8,009.73 Water 28 - j 2,913.56 Sewer 11 - 13 1,919.66 Supervisor Pierce offered the privilege of the floor to those in attendence. payment of vouchers Councilman Rocco stated that he has been contacted traffic by a resident concerned about the traffic flow hazard hazard result-ing _ in, vechicle accidents at the corner of Mc Lean Fairview & Road and Fairview. McLean Rd. RESOLUTION #98 AUTHORIZE THE SUPERVISOR TO CONTACT CORTLAND COUNTY HIGHWAY OFFICIALS - MC'LEAN ROAD AND FAIRVIEW DRIVE - TRAFFIC HAZZARDS Motion by Councilman Manning .Seconded by Councilman O'Donnell VOTES:, ALL AYE ADOPTED WHEREAS the visibility and unusual high traffic flow at the intersection of McLean Road and Fairview Drive cause a driving hazard and has resulted in numerous accidents, also causing injuries and property damage, and WHEREAS this intersection is within the town, but main- tained by the Cortland County Highway Department, therefore BE IT RESOLVED that the Supervisor is hereby authorized and directed to contact the Superintendent of Cortland County Highways, Walter Tennant, the Chairman of the - Cortland Country Highway Commission, and the County Attorney, advising them of this traffic hazard and requesting that action be taken to correct the problem in the near future. RESOLUTION #99 ESTABLISH CORTLANDVILLE LIGHTING REVIEW COMMISSION Motion by Councilman Manning Seconded by Gouncilman Rocco VOTES: ALL AYE ADOPTED Highway WHEREAS a moratorium was placed on street lighting in Lighting the Town per Resolution #46, adopted on March 7, 1979, and Study WHEREAS community growth and improved energy and lighting efficiency are now available, therefore Wednesday, April 2, 1986 Page 3 BE IT RESOLVED that a committee shall be organized consist- ing of Councilman Manning and Councilman Rocco and interested residents from four or more areas of the Town to study Cortlandville's lighting program and report their find- a.ngs to the Board. A motion was made by Councilman Rocco, seconded by S.P.C.A. Councilman Manning, to receive and file the February 1986 report S.P.C.A. report. All voting aye, the motion was carried. The reports of various departments are on the table for review and are available on request, in the Town Clerks office. A motion was made'by Councilman Thorpe, seconded by Councilman O'Donnell, to receive and file the letter from Peter D. Lynch, Deputy Director, N.Y.S. Executive Depart - increase ment, division of the Budget. All voting aye, the motion justice fee was carried. reimbursement The letter was in response to Supervisor Pieroe's re- quest to increase reimbursements for town and village. - courts. The letter stated that Governor Cuomo has proposed this increase in his 1986-1987 Executive Budget. A motion was made by Councilman O'Donnell, seconded new voting by Councilman Rocco, to receive and file voting machine machine contract No. 02067 for oYBreconditioned Printomatic 9/30 contract Automatic Voting Machine at a cost of $2,495.00. All voting aye, the motion was carried. .Supervisor Pierce advised the Board that the new voting repair machine is.now at it's permanent location, at the Cortland - voting ville Grange Hall. The machine at the McGraw Fire Station machine at has had repairs made to its curtain, and the obsolete McGraw machine #30719 is at the Highway Barn for spare parts use. A motion was made by Councilman O'Donnell, seconded by Councilman Thorpe, to receive and file the response letter from N.Y.S. Senator, Warren M. Anderson, Majority Leader. All voting aye, the.motion was carried. municipal. The letter advised that legislation responding to the municipality liability insurance crisis, S.6769A, liability- passed the Senate on February 11,1986, due to the efforts insurance of Mr. Anderson and Senator Steven Riford. At this time, the bill is under discussion in the Assembly and has not come to a vote. A description of this bill and back- ground .information were provided - . A motion was made by Councilman Manning, seconded Federal by Councilman O'Donnell, to receive and file .response Revenue correspondence from Congressman Sherwood Boehlert and Senator Daniel Patrick Moynihan. All voting aye, the Sharing motion was carried. corres. Both letters advised that the future of Federal Revenue Sharing Funds is doubtful:,. but advised that they would continue to support the program. L' Ll Wednesday, April 2, 1986 Page 4 RESOLUTION #100 ACKNOWLEDGE NOTICE OF FUNDING FROM STATE FOR EXTENDING WATER LINES Motion by Councilman O'Donnell Seconded by Councilman Manning VOTES: ALL AYE ADOPTED WHEREAS, Melvin Pierce, as a Town Councilman and Super- visor elect of the Town, init?ated and presented a proposal to Senator Riford for funding to extend water lines in the town, and WHEREAS, such proposal has been accepted -through the receive joint efforts of Senator Riford, :-As_,:cmblyman Rapple;;rea, funding from County Health officals and town officials, and state for water WHEREAS the local property tax burden will not be affected improvement: by the.cost,of this capital project, therefore BE -IT RESOLVED that the Town Board does hereby acknowledge the notice received from Senator Riford, that $250,000.00 was included in the 1986 state budget solely to finance construction of new water line extensions in Cortland- ville areas threatened by residential well contamination, and RESOLVED that the correspondence shall be received and filed. Supervisor Pierce advised the Board that a potential location for tie new Cortlandville well is being considered on two acres of land, west of the Luker Road, owned by Benny and Joe Gunzenhauser. RESOLUTION #101 ACKNOWLEDGE RECEIPT OF LETTER FROM DEPARTMENT OF STATE - LOCAL LAW NO. '2' FOR 1986 - INDEMN'IFICATION OF TOWN OFFICgRS�AND EMPLOYEES Motion by Councilman O'Donnell Seconded by Councilman Manning VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the Town Clerk has received:noti- fication from,the Department of State that Local Law No. 2 for 1986, has been received by their office, which permits the enforcement of this law. RESOLUTION #102 AUTHORIZE PAULINE PARKER, TOWN CLERK, TO ATTEND SEMINARS - SYRACUSE APRIL 18, 1986 - ALBANY APRIL 27-29, 1986. Motion by Councilman Thorpe Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, that Pauline Parker,,is hereby authorized to attend the Local Government Officials Seminar in Syracuse,NewYork, on April 18, 1986, and the New York State Town Clerks Association Meeting in Albany, New York, on April 27-29, 1986, and RESOLVED that the expenses incurred by same be reimbursed, subject to audit by the Town Board. location for new well Local Law No. 2 clerk seminars Wednesday, April 2, 1986 Page 5 RESOLUTION #103 AUTHORIZE MC GRAW CENTRAL SCHOOL TO USE VOTING MACHINE - MAY ?, 1986. Motion by. -Councilman O'Donnell Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED McGraw WHEREAS a request was received from McGraw Central School School District asking permission to use Cortlandville's voting machine for the school budget vote scheduled on voting May 7, 1986, and WHEREAS, a precedent has been set that they may.use the voting machine for such purposes, therefore BE IT RESOLVED that the McGraw Central School District is hereby authorized to use the voting machine in. McGraw for the school budget vote, scheduled for May 7, 1986. RESOLUTION #104 AUTHORIZATION TO DISCARD WATER DEPARTMENT RADIO TRANSMITTER-GM23 Motion by Councilman Thorpe Seconded by Councilman Manning VOTES: ALL AYE ADOPTED discard WHEREAS, the radio transmitter used by the water obsolete department was replaced for quality reception reasons and radio equip. is truly obsolete, therefore BE IT RESOLVED that authorization is hereby granted to discard the old radio transmitter and mobil unit, and remove them from the fixed assets program. A motion was made by Councilman Manning, seconded drainage by Councilman Thorpe, to receive and file the correspondence problems from William Pauldine: All voting aye, the motion was Bell Dr. carried. The letter related to drainage problems on lots two and three of Bell Drive owned by Mr. Pauldine. A discussion followed whereby it was the consensus of the Board that Supervisor Pierce will meet at the site with Mr. Pauldine to discuss the limitations of the Town for drainage assistance on private property. RESOLUTION #105 AUTHORIZE EXTENSION OF BID OPENING - NEW HIGHWAY DEPARTMENT 4x4 PICK UP TRUCK Motion by Councilman Manning Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED extend bid WHEREAS on March 1 1986, authorization was opening 9 � 9 � granted t o advertise for bids for one new pickup truck with snow plow highway equipment for the Highway Department, to be opened on pick-up Monday, April 14, 1986 at 4:30 p.m., and truck WHEREAS, due to the illness of the Highway Superintendent, an extension of the bid opening date was recommended, therefore BE IT RESOLVED that bid opening for the highway departments new.pickup truck with snow plow equipment is hereby extended until Wednesday, April 16, 1986, at 12:00 p.m., in the Town Clerks Office at the Cortlandville Town Hall, 15 Terrace Road, Cortland, New York, and RESOLVED, that awarding of the bid will occur on Wednesday, April 16, 1986, at �:,00 p.m., at the regular meeting of the Cortlandville Town Board. .(y lJ .1 J C7 11 Wednesday, April 2, 1986 °Page 6 RESOLUTION #106 AUTHORIZE EXTENSION OF BID OPENING - CRUSHED LIMESTONE MATERIAL FOR HIGHWAY DEPARTMENT Motion by Councilman O'Donnell Seconded by Councilman Rocco, VOTES: ALL AYE ADOPTED WHEREAS, on Wednesday, March 19, 1986, authorization was extend granted to advertise for bids for crushed limestone bid opening material for the.Highway Department, to be opened on crushed Wednesday, April 14.,. 1986, at 4:30 p.fft. , and limestone WHEREAS due to the illness of the Highway Superintendent, an extension of the bid opening date has been recommended, therefore BE IT RESOLVED that bid opening for the highway departments crushed limestone is hereby extended until Monday, May 5, 1986, at 4:30 p.m., in the Town Clerks Office at the Cortlandville Town Hall, 15 Terrace Road, Cortland,New York, and RESOLVED, that awarding of the bid will occur on Wednesday, May 7, 1986, at 7:30 p.m., at the Regular Meeting of the Cortlandville Town Board. RESOLUTION #107 AUTHORIZE EXTENSION OF BID OPENING - NEW DUMP BOX AND SNOW PLOq EQUIPMENT FOR THE HIGHWAY DEPARTMENT TEN WHEEL DUMP TRUCK Motion by Councilman Thorpe Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS,-r)n Wednesday, March 19, 1986,,authorization was extend granted to advertise for bids for a new dump box and bid opening snow plow egUipment for the Highway Departments ten wheel dump box & dump truck, to be opened on Monday, April 14, 1986 at snow plow 4:30 p.m., and equipment WHEREAS due to the illness of the Highway Superintendent, an extension of the bid opening date has been recommended, therefore BE IT RESOLVED that bid opening for the dumpbox and snow- plow equipment for the highway departments ten wheel,dump truck, is hereby extended until Monday, June 2, 1986, at 3:30 p.m., in -the Town Clerks Office at the Gortlandville Town Hall, 15 Terrace Road, Cortland, New York, and RESOLVED that awarding of the bid will occur on Wednesday June 4, 1986, at 7:30 p.m., at the Regular Meeting of the Cortlandville Town Board Meeting RESOLUTION #108 APPROVE WATER SYSTEM IMPROVEMENT- . PROJECT AND'BONDING - CORTLANDVILLE WATER IMPROVEMENT AREA OF 1986 - GROTON AVENUE AND N.Y.S. ROUTE 281 PROJECT Motion by Councilman Manning; Seconded by Gouncilman I Rocco VOTES: ALL AYE ADOPTED Approve new Water Pco ject and Bonding Rt #281 and Rt #222 Wednesday, April 2, 1986 Page 7, WHEREAS, there was filed in the Office of the Town Clerk of the Town of Cortlandville, Cortland County, Newyork, maps, plans, and an engineering report relating to the establishment of a Water Improvement Project within the said Town as required by Section 209-q of the Town Law, said maps, plans and report having been prepared by Hayne W. Smith, an engineer, duly licensed by -the State of New York, and : WHEREAS, an Order was duly adopted by the Town Board on March 19, 1986 reciting the filing of said maps, plans and report, the improvements proposed, the boundaries of the proposed improvement and the estimated -expense thereof and specifying April 2, 1986 at 7:30 o'clock p.m. as the time and the said Town Hall in the said Town of Cortland- ville as the place where the said Board would imeet to consider the documents filed as aforesaid and -to hear all persons interested in the subject thereof, concerning the same, and. WHEREAS, such Order was duly posted and published as required by law, and WHEREAS, a hearing in the matter was duly held by the Board on this 2nd day of April; 1986 commencing at 7:30 p.m. at the Town Hall in the said Town and discussion upon the matter having been duly heard including members of the Board and various other persons, and NOW, upon the evidence given upon such hearing and upon the -motion of Warren Manning, Councilman, and seconded by Ronal Rocco, Councilman, and unanimously passed, it is RESOLVED AND DETERMINED, that the maps, plans and engineer- ing report heretofore filed with the Town Clerk of the Town of Cortlandville are in compliance with Section 209-c of the Town Law of the State of New York and are otherwise sufficient, and that to establish the aforesaid water improvement is in the public interest, and it is further RESOLVED AND DETERMINED, that the establishment of a water improvement as proposed in said maps, plans and report be authorized pursuant to Section 209-q (6) (c) of the Town Law; that the improvement therein mentioned be constructed and the service therein menti.oned`be provided for upon the required funds being made: available or provided for; and that such improvement shall be designated and known as the "Water Improvement Project for: the N.Y.S. Rt. 222/N.Y.S. Rt. 281 Area of the Town of Cortlandville"; and shall be bounded and described in the same manner and descrip- tion as set forth in the said duly adopted March 19, 1986 Order of this Town Board, and it is RESOLVED, that the proposed improvement, including costs of sights of way, construction costs, legal fees, engineering and consultant fees, and all other expenses approximated to be an maximum of $149,000.00 shall be financed as follows: 100% of the cost thereof will be financed with bonds issued by the Town of Cortlandville for a term of a maximum of 20 years and at tine interest rate prevailing at the time of the sale, said bonds to be retired by payments received from the users and benefitor's of the sewer improvement through sewer rates, charges and fees in the first instance, and only if necessary by Town charges, and it is further 1 • 1 0 Wednesday, April 2, 1986 RESOLVED, that the Town Clerk of this Town shall within ten (10) days after the adoption of this Resolution file a certified copy thereof in the Office of the Cortland County Clerk as provided for the the Town Law, Section 209-q (6) (c),.and it is further RESOLVED, that this Resolution is adopted subject to permissive referendum. There being no -further business, a motion was made by Councilman Rocco, seconded by Councilman Thorpe, to adjourn the meeting. All voting aye, the motion was carried. ,The meeting adjourned at 8:15 p.m. spectfull su itted, 7Y 194�t/ Pauline H. Parker Town Clerk Town of Cortlandville 1 1