TOWN OF WATERTOWN
Special Year End Meeting
December 28, 2016
Members Present: Joel R. Bartlett, Supervisor
Stephen L. Rich, Councilman
David D. Prosser, Councilman
Timothy McAtee, Councilman
Members Absent: Paul V. Desormo, Councilman
Supervisor Bartlett opened the meeting at 3:00 pm and called for the roll of members present. Town Attorney Joseph Russell also attended.
WHEREAS, it is necessary to amend the 2016 fiscal year budget to reconcile budget accounts for year end;
THEREFORE BE IT RESOLVED, the Supervisor is authorized to amend the 2016 budget to reflect and correct postings to various budget appropriation accounts at year end as follows:
SEWER DISTRICT 3
Residual Equity Transfer for debt service reduction with excess funds: $200,000.00
Decrease General Fund unappropriated fund balance $22,000.00
Increase General Fund interfund transfer to Highway Revenue account $22,000.00
Increase Highway appropriation account D5112.2 Capital outlay $22,000.00
DECREASE: A1620.1 bldg P/S $23,096.00
INCREASE: A1990.4 Contingent account $23,096.00
DECREASE: A6989.4 Economic Opp.
INCREASE: A1990.4 Contingent acct. $ 3,544.00
Total added to A1990.4 Contingent account $26,640.00
DECREASE INCREASE ACCOUNT CODE AMOUNT
A1990.4 A1220.4 7,500.00
A1990.4 A1420.4 7,500.00
A1990.4 A9060.8 GF Health 10,300.00
A1990.4 A4020.1 Vital Statistics P/S 840.00
A1990.4 A1920.4 Muni Assoc Dues 500.00
DECREASE INCREASE AMOUNT
A1355.11 A1355.4 $1,935.00
PRIOR PERIOD ADJUSTMENT:
Payment 1/29/16 to N.Y.S. Retirement System for annual billing $128,852.00 check #38293
Code to General Fund $64,426.00
Code to Highway Dept $64,426.00
A motion to adopt the foregoing Resolution was made by Supervisor Bartlett and seconded by Councilmember Prosser.
WHEREAS, former Town of Watertown Highway Superintendent, John Maguire (“Maguire”) is currently receiving benefits from the Town of Watertown in the form of Health Insurance pursuant to the Town Personnel Policy as a retired employee of the Town of Watertown, and
WHEREAS, during Maguire’s tenure as Highway Superintendent it came to the attention of this Board that either he or members of his department misappropriated Town property for their own personal use and in an investigation in connection therewith was conducted by the New York State Police, and
WHEREAS, following the New York State Police investigation Maguire was charged with certain offences in connection with his alleged misconduct and as a result of a plea arrangement with the Jefferson County District Attorney’s Office pled guilty to a charge of Failure to Perform Duties of a Public Official, a Misdemeanor, and
WHEREAS, as a result of the investigation it has become apparent to this Board that Maguire not only misappropriated property of the Town, he failed as a Town Officer to remit fees received by him in connection with his office to the Town Fiscal Officer as required by provisions of the Town Law and failed to properly account for monies received and disbursed also as required by the Town Law, and
WHEREAS, Health Insurance Benefits bestowed on retiring employees by the Town Personnel Policy implies that the employee performed services for the Town in good faith and honestly, NOW, THEREFORE, be it resolved by the Town Board of the Town of Watertown as follows:
1. The foregoing recitations are incorporated herein and made a part hereof as fully set forth hereafter.
2. The Faithless Servant Doctrine permits an employer in New York to withhold benefits from an employee during and subsequent to any period in which the employee committed wrongful acts against the employer.
3. The investigation into Maguire’s actions established that, during his tenure as an elected official of the Town of Watertown, to wit: Highway Superintendent, he misappropriated Town property, failed to remit to the Town Fiscal Officer funds received in the course of his official duties as required by the Town Law, and failed to account for funds received and disbursed as required by Town Law.
4. In connection with the above, Maguire pled guilty to and was convicted of the charge Failure to Perform Duties as a Public Official, a misdemeanor.
5. Based on the foregoing it is hereby determined by this Town Board that during his tenure as Highway Superintendent, Maguire, engaged in activities that characterize him as a faithless servant of the Town and should no longer be entitled to receive benefits from the Town as a result thereof. Therefore, it is hereby determined that Maguire has forfeited his right to receive health insurance benefits from the Town of Watertown, and the same shall be terminated.
6. The Town Supervisor is hereby authorized to take the appropriate to terminate Maguire’s health insurance benefits in accordance with all legal requirements.
A motion to adopt the foregoing resolution was made by Supervisor Bartlett and seconded by Councilmember Rich and upon a roll call vote of the Board was duly adopted as follows:
Supervisor Joel Bartlett yes
Stephen Rich yes
David Prosser yes
Timothy McAtee yes
Supervisor Bartlett moved to adjourn to executive session to discuss personal issues at 3:07 pm, Councilman McAtee seconded.
The meeting was reconvened at 3:12 pm.
Mrs. Desormo, Town Clerk & Catherine Rich, Town Historian asked Attorney Russell for advice concerning the Historical Society and schoolhouse. The society no longer is an active group and there is no one to care for the schoolhouse. They would like to dissolve the nonprofit organization, and have the Town take back the schoolhouse and the property. Mr. Russell asked that Mrs. Rich to get all the information together to him so he could research the best way to handle the situation.
Bruce Rohr, Highway Superintendent informed the Board as to the status of repairing the ageing water meters in the districts. He believes they might be able to replace the reading heads under warranty. He is also working with a consultant on the price of updating the ageing reading system.
Mr. Rohr asked about the status of the new hire. Supervisor Bartlett advised to have him get his physical and start January 1st, 2017 and he will have the paperwork ready to adopt at the January meeting. He would start at MEO-3 rate.
Councilman Prosser moved to adjourn the meeting at 7:50 pm, Councilman McAtee seconded.
Pamela D. Desormo, Town Clerk