TOWN OF YATES
REGULAR BOARD MEETING
APRIL 12,2012
The Meetings was called to Order by the Supervisor at 7:00
P.M. at the Town Hall 8 South Main Street, Lyndonville NY
THOSE OFFICERS PRESENT: John Belson-Supervisor
Wes Bradley-Councilman
Steve Freeman-Councilman
Brenda Donald-Town Clerk
OTHERS Andrew Meier-Town Attorney
Lynne Johnson- Legislature
Mr. & Mrs Lauze-Residents
Larry Wolfe-Resident
Paul Lauricella-Resident
Sandra Lauricella- Resident
PRIVILEGE OF THE FLOOR
Paul Lauricella asked about online agenda- Supervisor Belson this will be discussed with our attorney to see what has to be done to comply.
Paul Lauricella – Asked about the NYS Comptrollers Audit report.
Supervisor Belson stated that Municipal Solutions was hired to review records and will contact us with results.
RESOLUTION
NO.41-4/12
RESOLUTION TO ACCEPT
THE MINUTES OF THE MARCH 8,2012
RESOLVED, to accept the minutes of the March 8,2012 as presented to each Board
Member.
Offered by
Councilman Freeman who moved its adoption
Seconded by
Councilman Bradley
Adopted 3 ayes 0
nays 2 absent (Bentley)(Harmer)
RESOLUTION NO. 42-4/12
RESOLUTION TO ALLOW SUPERVISOR TO SIGN A
CONTRACT WITH THE COUNTY FOR SHARED HIGHWAY SERVICES.
WHEREAS, the County
has presented to the Town of Yates a contract for shared Highway Services as
follows:
CONTRACT
FOR SHARED HIGHWAY SERVICES
1. For the purposes of this contract, the following terms shall be defined as follows:
a) “Municipality” shall mean any county, town or village which has agreed to be bound by a contract for shared services or equipment similar in terms and effect with the contract set forth herein, and has filed a copy of said contract with the clerk of the undersigned county/town or village.
b) “Contract” shall mean the text of this agreement which is similar in terms and effect with comparable agreements, notwithstanding that each such contract is signed only by the Chief Executive Officer of each participating municipality filing the same, and upon such filing each filing municipality accepts the terms of the contract to the same degree and effect as if each Chief Executive Officer had signed each individual contract.
c) “Shared Service” shall mean any service provided by one municipality for another municipality that is consistent with the purposes and intent of this contract and shall include but shall not be limited to:
i. The renting, exchanging, or lending of highway machinery, tools and equipment, with or without operators;
ii. The borrowing or lending of supplies between municipalities on a temporary basis conditioned upon the replacement of such supplies or conditioned upon the obtaining of equal value through the provision of a service by the borrower or by the lending of equipment by the borrower, the value of which is equal to the borrowed supplies;
iii. The providing of a specific service for another municipality, conditioned on such other municipality providing a similar service, or a service of equal value, in exchange.
iv. The maintenance of machinery or equipment by a municipality for other municipalities.
d) “Superintendent” shall mean; in the case of a county, the county superintendent of highways, or the person having the power and authority to perform the duties generally performed by county superintendents of highways; in the case of a town, the town superintendent of highways; in the case of a village, the superintendent of public works.
2. The undersigned municipality has caused this agreement to be executed and to bind itself to the terms of this contract and it will consider this contract to be applicable to any municipality which has approved a similar contract and filed such contract with the clerk of the undersigned municipality.
3. The undersigned municipality by this agreement grants unto the superintendent, the authority to enter into any shared service arrangements with any other municipality or other municipalities subject to the following terms and conditions:
a) The Town of Yates agrees to rent or exchange or borrow from any municipality and all materials, machinery and equipment, with or without operators, which it may need for the purposes of the county/town/village. The determination as to whether such machinery, with or without operators, is needed by the county/town/village shall be made by the Superintendent. The value of materials or supplies borrowed from another municipality under this agreement may be returned in the form of similar types and amounts of materials or supplies, or by the supply of equipment or the giving of services of equal value, to be determined by mutual agreement of the respective superintendents.
b) The Town of Yates agrees to rent, exchange or lend to any municipality any and all materials, machinery and equipment, with or without operators, which such municipality may need for its purposes. The determination as to whether such machinery of material is available for renting, exchanging or lending shall be made by the superintendent. In the event the superintendent determines that it will be in the interests of the Town of Yates to lend to any other municipality, the Superintendent is hereby authorized to lend to another municipality. The value of supplies or materials loaned to another municipality may be returned to the Town of Yates by the borrowing municipality in the form of similar types and amounts of materials or supplies, or by the use of equipment or receipt of services of equal value, to be determined by the respective superintendents.
c) The Town of Yates agrees to repair or maintain machinery or equipment for any county/town/village under terms that may be agreed upon by the superintendent, upon such terms as may be determined by the superintendent.
d) An operator of equipment rented or loaned to another municipality, when operating such equipment for the borrowing municipality, shall be subject to the direction and control of the Superintendent of the borrowing municipality in relation to the manner in which the work is to be completed. However, the method by which the machine is to be operated shall be determined by the operator.
e) When receiving the services of an operator with a machine or equipment, the receiving Superintendent shall make no request of any operator which would be inconsistent with any labor agreement that exists for the benefit of the operator in the municipality by which the operator is employed.
f) The lending municipality shall be liable for any negligent acts resulting from the operation of its machinery or equipment by its own operator. In the event damages are caused as a result of directions given to perform work, then the lending municipality shall be held harmless by the borrowing municipality.
g) Each municipality shall remain fully responsible for its own employees, including salary, benefits and workers compensation.
4. The renting, borrowing or leasing of any particular piece of machinery or equipment, or the exchanging or borrowing of materials or supplies, or the providing of a specific service shall be evidenced by the signing of a memorandum by the Superintendent. Such memorandum may be delivered to the other party via mail, personal delivery or by facsimile machine. In the event, there is no written acceptance of the memorandum, the using of the machinery, the receipt of the materials or supplies or the acceptance of service shall be evidence of the acceptance of the offer to rent, exchange or lend.
5. In the event a municipality wishes to rent machinery or equipment from another municipality or in the event a municipality wishes to determine the value of such renting for purposes of exchanging shared services of a comparable value, it is agreed that the value of the shared service shall be set forth in the memorandum.
6. All machinery and the operator, for purposes of workers compensation, liability and any other relationship with third parties, except as provided in paragraph “e” of section “3” of this agreement, shall be considered the machinery of and the employee of the municipality owning the machinery and equipment.
7. In the event machinery or equipment is being operated by an employee of the owning municipality and is damaged or otherwise in need of repair, as a result of operator negligence, while such employee is working for the borrowing, receiving or renting municipality, then the municipality owning such machinery or equipment shall be responsible to make or pay for such repairs. In the event the machinery or equipment is operated by an employee of the borrowing, receiving, or renting municipality, and is damaged or in need of repairs as a result of such operator’s negligence, then such municipality shall be responsible to make or pay for such repairs. Repairs and maintenance necessitated by ordinary wear and tear shall be made by the owning municipality.
8. Records shall be maintained by each municipality setting forth all machinery rentals, exchanges, borrowings or other shared services. Such records will be available for inspection by any municipality which has shared services with such municipality.
9. In the event any dispute arises relating to any shared service, and in the event such dispute cannot be resolved between the parties, such dispute shall be subject to mediation.
10. Any party to this contract may revoke such contract by filing a notice of such revocation. Upon the revocation of such contract, any outstanding obligations shall be settled within thirty days of such revocation unless the parties with whom an obligation is due agree in writing to extend such date of settlement.
11. Any action taken by the Superintendent pursuant to the provisions of this contract shall be consistent with the duties of such official and expenditures incurred shall not exceed the amounts sent forth in the county/town/village budget for highway purposes.
12. The record of all transactions that have taken place as a result of the Town of Yates participating in the services afforded by this contract shall be kept by the superintendent and a statement thereof, in a manner satisfactory to the county/town/village governing board, shall be submitted to the county/town/village board semiannually on or before the first day of June and on or before the first day of December of each year following the filing of the contract, unless the county/town/village board requests the submission of records at different times and dates.
13. If any provision of this agreement is deemed to be invalid or inoperative for any reason, that part shall be deemed modified to the extent necessary to make it valid and operative, or if it cannot be so modified, then severed and the remainder of the contract shall continue in full force and effect as if the contract had been signed or filed with the designated filing agent with the invalid portion so modified or eliminated.
14. This contract shall be reviewed each year by the Town of Yates and shall expire five years from the date of its signing by the Chief Executive Officer. The Town of Yates board may extend or renew this contract at the termination thereof for another five-year period.
BE IT RESOLVED, The
Supervisor is authorized to sign the Shared Highway Service Contract.
Offered by
Councilman Bradley who moved its adoption
Seconded by
Councilman Freeman
Adopted 3 ayes; 0
nays; 2 absent (Bentley,Harmer)
RESOLUTION NO.43-4/12
RESOLUTION TO EXTEND INDEX LUMP SUM MUNICIPAL SNOW AND ICE AGREEMENT
RESOLVED, to authorize the Supervisor to sign the Indexed Lump Sum, Snow and Ice Agreement, Extension as follows:
AGREEMENT TO EXTEND INDEXED LUMP SUM MUNICIPAL SNOW AND ICE AGREEMENT
The Agreement made this 12 day of April 2012 by and between the PEOPLE OF THE STATE OF NEW YORK (hereinafter referred to as “STATE”) acting by and through the Commissioner of Transportation of the State of New York (hereinafter referred to as COMMISIONER), and the TOWN OF YATES of ORLEANS COUNTY (hereinafter referred to as the MUNICIPALITY as follows:
WHEREAS, the COMMISSIONER and the MUNICIPALITY have entered into an Agreement NO. D009747 entitled “Indexed Lump Sum Snow and Ice Agreement between the New York State Department of Transportation and the Municipality of TOWN OF YATES dated October 26,1995 and
WHEREAS, the term of the said Agreement is for a period of three years commencing on July 1, 1994 and the said Agreement provides that the parties may at the end of each year of the term of the Agreement extend such term for an additional year; and
WHEREAS the present term of the Agreement ,as extended, expires June 30,2013:and
WHEREAS, Section 7 of the said Agreement provides that the COMMISSIONER shall furnish the MUNICIPALITY with a suitable map for each term of the Agreement or for any extended term thereof, modified to show the changes, if any, to the State Highways affected by this Agreement.
WHEREAS, Section 9 of the said Agreement provides for an annual update of the estimated expenditures to be determined by the COMMISSIONER subject to the provisions of Section 9 at the time of the extension of the Agreement;
WHEREAS, Section 9 of the said Agreement also provides for an adjustment to the actual payment amount based on the intensity and severity of the winter season;
NOW THEREFORE, in consideration of the mutual covenants and benefits between the parties.
WITNESSETH:
1-The aforementioned “Indexed Lump Sum Snow and Ice Agreement Between New York State Department of Transportation and the “MUNICIPALITY” is hereby extended for a period of one year; now to expire June 30,2014, unless further extended.
2-The State Highways or parts thereof affected by this Agreement are as delineated on the attached map, agreed upon by the COMMISSIONER and the MUNICIPALITY, which shall be effective for the remainder of the term of the Agreement commencing July 1,2013 unless changed by future agreement between the COMMISSIONER and the MUNICIPALITY.
3-All the terms and conditions of the original contract remain in effect t as follows. The indexed lump sum estimated expenditure specified in Section 9 of the aforementioned Agreement shall be $5,838.6892 per lane mile for 21.72 lane miles for a total of $126,816.33 for 2011/12 season and for the remainder of the term of the Agreement commencing July 1,2011, unless changed by future updates.
RESOLVED to authorize the Supervisor to sign Agreement with the State for Indexed Lump Sum Snow and Ice.
Offered by Councilman Bradley who moved its adoption.
Seconded by Councilman Freeman
Adopted 3 ayes;0 nays; 2 absent (Bentley Harmer)
RESOLUTION NO.44-4/12
RESOLUTION ON COMPUTER SYSTEM SECURITY BREACH NOTIFICATION POLICY
RESOLVED, To adopt the Computer System Security Breach Notification Policy as follows:
TOWN OF YATES
COMPUTER SYSTEM SECURITY BREACH
NOTIFICATION POLICY
1. PURPOSE. This Computer System Security Breach
Notification Policy is intended to alert individuals to any potential identity
theft as quickly as possible so that they may take appropriate steps to protect
themselves from and remedy any impacts of the potential identity theft or
security breach. This Policy is
consistent with and adopted pursuant to New York Technology Law Section 208.
2. DEFINITIONS. The following terms have the following
meanings:
(a) "Breach of the security of the
system" means unauthorized acquisition or acquisition without valid
authorization of computerized data which compromises the security,
confidentiality, or integrity of personal information maintained
by the Town. Good faith acquisition of
personal information by an employee or agent of the Town for the purposes of
the employee or agent is not a breach of the security of the system, provided
that the private information is not used or subject to unauthorized disclosure.
In determining
whether information has been acquired, or is reasonably believed to have been
acquired, by an unauthorized person or a person without valid authorization,
the Town may consider the following factors, among others:
(1) indications
that the information is in the physical possession and control of an
unauthorized person, such as a lost or stolen computer or other device containing
information; or
(2)
indications that the information has been downloaded or copied; or
(3) indications
that the information was used by an unauthorized person, such as fraudulent
accounts opened or instances of identity theft reported.
(b) "Consumer reporting agency" means
any person or entity which, for monetary fees, dues, or on a cooperative
nonprofit basis, regularly engages in whole or in part in the practice of
assembling or evaluating consumer credit information or other
information on consumers for the purpose of furnishing consumer reports to
third parties, and which uses any means or facility of interstate commerce for
the purpose of preparing or furnishing consumer reports. A list of consumer reporting agencies may be
obtained upon request to the State Attorney General.
(c) "Department" means any board,
division, committee, commission, council, department, public authority, public
benefit corporation, office or other governmental entity performing a
governmental or proprietary function for the Town.
(d) “Personal Information” means any information
concerning a natural person which, because of name, number, personal mark, or
other identifier, can be used to identify that person.
(e) "Private information" means
personal information in combination with any one or more of the following data
elements, when either the personal information or the data element is not
encrypted or encrypted with an encryption key that has also been acquired:
(2) driver's license
number or non-driver identification card number; or
(3) account
number, credit or debit card number, in combination with any required security
code, access code, or password which would permit access to an individual's
financial account.
"Private
information" does not include publicly available information that is
lawfully made available to the general public from Town records.
(f) “Town” means the Town of Yates, County of
Orleans.
3. DISCLOSURE OF BREACH TO AFFECTED
PERSONS. Any Town Department
that owns or licenses computerized data that includes private information must
disclose any breach of the security of the system to any individual whose
private information was, or is reasonably believed to have been, acquired by a
person without valid authorization. The
disclosure must be made in the most expedient time possible and without
unreasonable delay, consistent with the legitimate needs of law enforcement, as
provided in paragraph 5 below, or any measures necessary to determine the scope
of the breach and restore the reasonable integrity of the data system. The Town shall consult with the State Office
of Cyber Security and Critical Infrastructure Coordination to determine the
scope of the breach and restoration measures.
4. DISCLOSURE OF BREACH TO OWNER OR
LICENSEE. If the Town
maintains computerized data that includes private information which the Town
does not own, the Town must notify the owner or licensee of the information of
any breach of the security of the system immediately following discovery, if
the private information was, or is reasonably believed to have been, acquired
by a person without valid authorization.
5. PERMITTED DELAY. Notification pursuant to this Policy may be
delayed if a law enforcement agency determines that notification could impede a
criminal investigation. The notification
must be made after the law enforcement agency determines that notification
would not compromise any criminal investigation.
6. METHOD OF NOTIFICATION. The required notice must be directly provided
to the affected individuals by one of the following methods:
(b) electronic
notice, provided that the person to whom notice is required to be provided has
expressly consented to receiving notice in electronic form and a log of each
electronic notification is kept by the Town; and provided further that no
person or business may require a person to consent to accepting notice in
electronic form as a condition of establishing any business relationship or
engaging in any transaction;
(c) telephone
notification provided that a log of each telephone notification is kept by the
Town; or
(d) substitute
notice, if the Town demonstrates to the State Attorney General that the cost of
providing notice would exceed $250,000 or that the number of individuals to be
notified exceeds 500,000, or the Town does not have sufficient contact information. Substitute
notice must include all of the following:
(1) e-mail notice
when the Town has an e-mail address for the subject persons;
(2) conspicuous
posting of the notice on the Town’s web site page, if the Town maintains one;
and
(3) notification
to major statewide media.
7. INFORMATION
REQUIRED. Regardless of the
method by which notice is provided, the notice must include contact information
for the Town and a description of the categories of information that were, or
are reasonably believed to have been, acquired by a person without valid authorization,
including specification of which of the elements of personal information and
private information were, or are reasonably believed to have been, acquired.
8. NOTIFICATION OF AGENCIES. (a) Whenever any New York State residents are
to be notified pursuant to this Policy, the Town must notify the State Attorney
General, the Consumer Protection Board, and the State Office of Cyber Security
and Critical Infrastructure Coordination as to the timing, content and
distribution of the notices and the approximate number of affected
persons. Such notice must be made
without delaying notice to affected individuals.
(b) Whenever more than 5,000 New York State
residents are to be notified at one time, the Town must also notify consumer
reporting agencies as to the timing, content and distribution of the notices
and the approximate number of affected persons.
Such notice must be made without delaying notice to affected
individuals.
Offered by Councilman Freeman who moved its
adoption
Seconded by Councilman Bradley
Adopted 3 ayes; 0 nays; 2 absent (Bentley
Harmer)
RESOLUTION NO.45-4/12
RESOLUTION POLICY REGARDING PUBLIC ACCESS
TO MEETINGS
RESOLVED to adopt as policy regarding
public access to meetings as follows:
POLICY REGARDING PUBLIC ACCESS TO MEETINGS OF THE
TOWN BOARD OF THE TOWN OF YATES
Section 1 Purpose and scope:
(a)
The people's right to witness and observe the governmental
decision-making process in action is basic to our society
Access to public portions of meetings of public bodies must be protected and
maintained.
(b)
We adopt these guidelines in order to provide direction
concerning the procedures by which public meetings of this public body may be photographed, recorded and
broadcast.
Section 2 Recording and Broadcasting
Public Portions of Meetings:
(a) The
public portion of any meeting of a public body may be photographed, recorded
and broadcast.
(b)
A public body may adopt reasonable rules governing the
location of equipment and personnel used to photograph, record or
broadcast the public portion of a meeting in order to ensure that the use of
such equipment does
not detract from or interfere with the deliberative process.
(c) There is no privacy interest
in statements made during public portions of meetings of public bodies.
Distaste or embarrassment shall not constitute a basis for prohibiting or
limiting the photographing, recording or broadcasting of those present at a meeting.
Section 3 Rules for Recording and
Broadcasting Public Portions of Meetings:
(a)
Operation of equipment to photograph, record or broadcast a meeting is
permitted unless it is obtrusive, disruptive, or interferes with the
deliberative process or the right of persons in attendance to observe or listen
to the proceedings.
(b) Use of equipment
necessary to photograph, record or broadcast is permitted without notice to or
express permission from
the public body or those in attendance at the meeting.
(c)
Use of equipment necessary to photograph, record or
broadcast is permitted in a supervised or unsupervised manner.
(d)
Use of special lighting or large equipment necessary to
photograph, record or broadcast a meeting is permitted unless it is obtrusive or disruptive.
(e)
Personnel who operate equipment necessary to photograph,
record and/or broadcast a meeting shall be permitted to move about the
room, as long as such movement does not disrupt or interfere with the
deliberative process.
(f)
Use of equipment necessary to photograph, record and/or
broadcast a meeting shall not be limited to a location from which such equipment is not reasonably capable
of photographing, recording and/or broadcasting.
(g)
Persons operating equipment necessary to photograph,
record and/or broadcast shall be given a reasonable opportunity to modify their actions in order to
avoid interference with the deliberative process.
Section 4 Public notice:
These rules governing the operation of equipment
necessary to photograph, record or broadcast a meeting shall be posted in a designated
location. Written copies of such rules shall be provided upon request, free of
charge, to those in
attendance at or who seek to attend a meeting.
Section 5 Severability:
If any provision of these
guidelines or the application thereof to any person or circumstances is
adjudged invalid by a court of competent jurisdiction, such judgment shall not
affect or impair the validity of the other provisions of these regulations or the application thereof to other
persons and circumstances.
Offered by Councilman Bradley who moved its adoption
Seconded by Councilman Freeman
Adopted. 3 ayes; 0 nays 2 absent (Bentley Harmer)
The State has
requested that a new resolution be made for days worked for retirement
RESOLUTION NO.46-4/12
RESOLUTION FOR STANDARD WORK DAY AND REPORTING
BE IT RESOLVED that the Town of Yates hereby
establishes the following as standard work days for elected appointed and hired
officials and will report the following days worked to the New York State and
Local Employees’ Retirement System based on the time keeping system records or
the record of activities maintained and submitted by these officials to the
clerk of this body.
BE IT FURTHER RESOLVED, the form will be
attached to original minutes and posted on the bulletin board.
Offered by Councilman Freeman who moved its adoption
Seconded by Councilman Bradley
Adopted. 3 ayes; 0 nays; 2 absent (Bentley Harmer)
Councilman Freeman would like the Town to send letters to the State and Federal Government Officials about the Lake levels.
RESOLUTION NO.47-4/12
RESOLUTION TO SEND LETTERS TO FEDERAL AND STATE REPRESENTATIVES ABOUT LAKE LEVELS
RESOLVED , to send the following letter to Federal and State representatives as follows.
We believe the IJC has made up their minds to
implement the new plan BV7and the only reason to have these public hearings is
to look as if they care. The BV7 is a
disaster for property owners over the 400 miles of shore line on Lake Ontario.
When
the Seaway Power plant was built 60 years ago they had to agree to some very
strict guide lines for the Lake Level to get approval to build it. 243.3 feet
to 247.3 feet is the current plan does this look like they were not concerned
about a problem. If anything the Plan
should be changed to 244 feet to 247 feet instead of making the problem bigger
as the IJC proposes.
The
IJC operates under a FOUR foot deviation now and the new Plan will make it even
larger. If FOUR feet of high and lows does not flush out the cattails they
claim they are worried about making it Five Feet will not do it either. All
groups would be better served if the deviation was reduced to THREE feet from
the FOUR foot deviation that is in effect now.
All
the lake shore Towns are effected and all agree that BV7 must be stopped.
What
we would like is for you and other members of Congress to contact the IJC and
talk President Obama and propose that the IJC reduce the deviation to 3 feet
from 4 feet and set the levels to 244 and 247.
Also
you might mention compensation for the 50 feet of property over 180 miles of
New York that they have washed away over
the last fifty years that they have not paid for or even changed our deeds so
that we are not paying taxes for land that no longer exist. Even at Orleans
county land values they have done a half a BILLION Dollars worth of damage to
just the land say nothing about the structures over the last 50 years.
Offered by Councilman Freeman who moved its adoption
Seconded by Councilman Bradley
Adopted. 3 ayes; 0 nays 2 absent (Bentley,Harmer)
RESOLUTION NO48-4/12
RESOLUTION TO PAY
BILLS
WHEREAS, bills have been reviewed by the Town Board, be it
RESOLVED to pay bills as follows:
A-Account-General 31,926.02
B-Account-General 1,499.63
DA-Account 5,846.62
DB-Account 15,774.00
Water 4 Account 15,624.44
Water 2 Account 9,369.26
TOTAL 80,134.09
Seconded by Councilman Freeman
Adopted.3ayes 0 nays; 2 absent (Bentley Harmer))
Adjournment
Moved by Councilman Bradley, Whereas there is no new business to be brought before the Board that the meeting be adjourned at 7:25 P.M.
Seconded by Councilman Freeman
Vote 3 ayes; 0 nays 2 absent (Bentley,Harmer)
Brenda B. Donald
Town Clerk
Town of Yates