August 19, 2014
Town of Brutus
Town Board Meeting
The Town Board of the Town of Brutus held their regular monthly meeting on August 19, 2014 in the Town Municipal Building, 9021 N. Seneca Street, Weedsport, NY 13166.
Present were: Councilors David Miller, Amy Chirco and Stephen McLoud. Also present were: Gerald Cunningham, Highway Superintendent; Pamela Kelley, Bookkeeper; Thomas Piascik, Town Engineer; Rick LaForce; Bob Brown; and Andy Leja, Town Attorney. Chris Lukins arrived at 7:15 p.m.
Councilor Miller called the meeting to order at 7:00 p.m. and began with the Pledge of Allegiance.
Approval of Minutes
Councilor Chirco moved to approve the minutes of the July 14, 2014 Regular Meeting and July 18, 2014 Special Meeting with the following corrections: page 1 removal of the words "he met" in the fourth paragraph; page 3 - under Absent - change Steve McLoud to Thomas Flynn; and page 5 - under section 12 - remove the letter r from "trhe." The motion was seconded by Councilor McLoud.
RES 126-14 VOTE: 3 ayes, 0 nays, 2 absent. Carried.
The next meeting is scheduled for September 8th at 7:00 p.m. The Budget Workshop meeting will be held on September 11th at 5:00 p.m.
Open Public Hearing on LL#4* - Constable Residency
Councilor Miller opened the Public Hearing on Local Law #4 at 7:08 p.m. The Division of Criminal Justice contacted the Town in June 2014 concerning the residency of the constables. The Board was notified of the issue at the June 9th meeting. A draft proposal was provided to the Town Board at the July 14th meeting. The Board reviewed the proposal and moved to set the Public Hearing for August 19th. Notice of the Public Hearing was advertised in The Citizen on July 31, 2014 and was posted at the Town's Municipal Building and on the Town's web site. Councilor Miller asked if anyone wanted to speak for or against Local Law #4. No one spoke. The hearing was left open.
Supervisor's Report
Councilor Chirco moved to accept the Supervisor's Report for July, second by Councilor McLoud.
RES 127-14 VOTE: 3 ayes, 0 nays, 2 absent. Carried.
Town Clerk, Water Operator & Code Enforcement
The Town Clerk and Code Enforcement Officer submitted their July reports for the Boards review. The Water Operator submitted his reports for June and July. The Town Clerk shared the following: members of the Cemetery Board will be at the next meeting to discuss their financial issues; a complaint was received from a resident on Tanner Road about drainage; two picnic tables and a bench have been ordered for Aqueduct Park; a democratic primary will be held on September 9th at the Town office; a request for a Homsite representative to attend the next meeting will be made to provide the Board with information about their services; five complaints were received regarding the race that was held on August 7th due to the fact that it ran so late that evening and this Thursday there is a meeting with the new owners of the Weedsport Speedway and their engineers to discuss the proposed sewer project.
Highway Superintendent's Report
Superintendent Cunningham submitted his July 2014 report to the Board:
•· Mow roadside, trails, Park and Cemetery.
•· Prepared Lippoldt Road for paving.
•· Fixed drainage problem on Barker Road.
•· We have hauled approximately 4000 tons of grinding from Route 31 project.
•· Moved furniture at office for carpet cleaning and then returned same.
Superintendent Cunningham discussed the options available for addressing the problem on Tanner Road, including sweeping the area and installation of a culvert. The Board questioned who would be responsible for maintaining the culvert. He and Supervisor Hotaling will visit the area and provide the Board with their thoughts on dealing with the issue. The new pick-up truck has arrived and the new dump truck should be available in the next 2-3 weeks. The old pick-up will be sold through Auction International and the dump truck through Teitsworth.
The chlorine injection pump at the Pump House is seeping water and needs to be replaced. A quote was received from Beacon Water Equipment for the purchase and installation of a new pump to address this issue and for a spare pump. The total cost is $1,800 and there is funding available in the equipment line for this purchase. Councilor Chirco moved to authorize the purchase of the pump and spare pump at the cost of $1,800, second by Councilor McLoud.
RES 128-14 VOTE: 3 ayes, 0 nays, 2 absent. Carried.
Bookkeeper/Budget Amendments
The Town took over the operation and maintenance of Water District #2 including the Pump House and Storage Tower from the Cayuga County Water & Sewer Authority pursuant to an amended contract on July 1st. The Town will no longer be paying service fees to the Authority, but is now responsible for the expenses, such as phone, electric and miscellaneous pump house supplies. The Town Board needs to approve a budget amendment to set up expense accounts to track these expenses and move money from the service fees expense account to the new accounts in both Water District #2 & #8. Water District #8 is included because they are also served by the Pump House. The budget entries needed are:
DR SW2-8310.400 Administration-Contractual Expenses $3,000.00
CR SW2-8310.410 Administration-Electric $1,000.00
CR SW2-8310.420 Administration-Phone $1,000.00
CR SW2-8310.430 Administration-Misc. Pump Hse Supplies $1,000.00
DR SW8-8310.400 Administration-Contractual Expenses $9,00.00
CR SW8-8310.410 Administration-Electric $300.00 CR SW8-8310.420 Administration-Phone $300.00
CR SW8-8310.430 Administration-Misc. Pump Hse Supplies $300.00
In March, the Town Board approved spending reserve money to purchase an extended cab pick-up truck. A resolution is needed to open the correct expenditure account (DA5130.20R) and move the approved amount of reserve money ($24,500) to that account. The budget amendment is:
DR DA511 Appropriated Reserves $24,500.00
CR DA5130.20R Machinery - via Reserves $24,500.00
The Town has a small shortage in the Celebrations account due to a larger ad in the yearbook this year. A budget amendment is needed from the Cultural Account to cover this $12.60 shortage.
DR B7110.410 Culture & Recreation Trail Imprv $12.60
CR B7550.400 Celebrations - contractual $12.60
Water District #8 has a small shortage in the Administration Contractual account. Money can be moved from the Source of Supply line item as follows:
DR SW8-8320.400 Source of Supply-Contractual $54.89
CR SW8-8310.400 Administration-Contractual $54.89
The Town received monies from the sale of two pieces of equipment sold at auction (Ag Alice Tractor and a Flail Mower). A budget amendment is needed to recognize the revenue and credit the correct expense accounts. The Board decided to put $1,000 in the equipment account and the balance will be placed in the equipment reserve account. The entry needed is:
DR DA2665 Sale of Equipment $9,825.00
CR DA5130.200 Machinery - Equipment $1,000.00
CR DA9962.400 Provisions for other uses $8,825.00
Councilor Chirco moved to approve the requested Budget Amendments, second by Councilor McLoud.
RES 129-14 VOTE: 3 ayes, 0 nays, 2 absent. Carried.
Pay Abstract #8
Abstract #8 was ordered paid after a motion by Councilor Chirco including the four vouchers submitted by the Clerk that evening, second by Councilor McLoud, as follows:
General & Part-Town Fund voucher #'s 233-275 for $76,960.41;
(A Fund - $71,953.60; B Fund - $5,006.81)
Highway & Part-Town voucher #'s 99-113 for $35,930.75;
(DA Fund - $27,555.51; DB Fund - $8,375.24)
Joint Youth Fund (J) voucher #'s 4-9 for $3,043.96;
Street Lighting Fund (SL) voucher #'s 15-16 for $284.63;
Water and Sewer Districts voucher #'s 42-52 for $20,511.65;
(WD1-$40.47;WD2-$16,749.88;WD3-$283.52;WD4-$18.14;WD6-$571.55;
WD7-$520.48;WD8-$1,793.61;SS1-$534.00)
RES 130-14 VOTE: 3 ayes, 0 nays, 2 absent. Carried.
Public to be Heard
Mr. Brown addressed the Board regarding his frustrations about his property not being included in Water District #2 or #8. His property on Brutus Road is located between these two districts. He stated that when Water District #2 was formed he was told that once #8 was constructed the line would run down Brutus Road and his property would be included, but that did not happen. He is approximately 600' from #8 and 400' from #2. Initial testing of his water revealed coliform bacteria and he sanitized the system. The second test revealed that the nitrate levels were high. He thinks this may be due to the fact that his property is surrounded by farms fields. It seems that everybody around him has water.
He was told that Cayuga County Soil and Water would be doing a survey to assist with determining the costs for this project, but that has not been accomplished. Engineer Piascik explained that this property was not included in #8 because of the expense of extending the district to his property which would have increased the costs of the project (approximately $70,000). It was determined that this increase in the project could not be justified for one property. Councilor Miller advised that the Comptroller's office annually establishes a threshold as to what the yearly costs should be for water service. The Town was concerned that this increase would have made it difficult to obtain the State's approval on this district.
A brief discussion was held on what would be necessary in order to create a water district specifically for his connection and the costs associated with the project. His costs to install the line, etc. would be half of what the Town would be required to pay. If in the future, additional homes were built in the area that would help distribute the costs. Mr. Brown did not think he would be able to afford the costs of this alone and that the property near him would not be developed. Supervisor Hotaling will be asked to reach out the Soil and Water about completing the survey as soon as possible.
It was also suggested that a meter pit could be installed at the end of either system in the Town's right-of-way. He would be responsible for the cost of connecting to the meter pit and any problems that would occur from the meter pit to his home. Attorney Yates would need to be contacted and Supervisor Hotaling will be asked to follow-up with Mr. Brown on this proposal.
Mr. Brown left the meeting at 7:33 p.m.
Correspondence
- Letter from NYS DOT to Congressman Maffei acknowledging receipt of support letter for TAP application
- Village of Weedsport Minutes from July 9th
- Village of Weedsport Local Law #3
- Cayuga County Planning notification of meeting on county wide Agriculture and Farmland Plan
- Introduction to Accounting training by Comptroller's office
- NYS Department of Taxation acknowledgment of application for 2014 reassessment cyclical aid
- Upcoming grant opportunities from Thoma Development
- Time Warner Cable channel information
- 2nd Quarter Sales Tax Distribution
- Workshop on Preserving Rural Character through Subdivision Design
- Cayuga County Planning Board draft minutes from July 16th
- Interoperable Communications Systems Agreement with Cayuga County
- Cayuga County Planning - Agenda for August 21st meeting
- Village of Weedsport Agenda for August 13th
- Weedsport Fire Department Incident Report for July
- NYS Dept. of Taxation & Finance - final equalization rate for Town of Brutus - 100%
PB/ZBA/AG ADVISORY COMMITTEE/BRUTUS REC COMMISSION/COMP PLAN COMMITTEE
- PB minutes for June 25th and Agenda for July 23rd
New Business
Brutus Recreation Commission
The Clerk has not heard back from Alison Rudick at this time. Councilor McLoud moved to re-appoint Tonya Martinez, Kimberly Springer and Aimee Newton to the Brutus Recreation Commission, second by Councilor Chirco.
RES 131-14 VOTE: 3 ayes, 0 nays, 2 absent. Carried.
Water District #1
The Village of Weedsport recently raised their water rate and service fee charge. This district utilizes a minimal amount of water each month (less than 1,000 gallons). Therefore, the water costs are generally under $10, however, there will be a service charge of $55 per month in service fees ($35 from Village and $20 from Town). The Town does not read the meter nor do we have any operation or maintenance costs associated with this District. The Clerk is asking that the Town's service fee be reduced to $5 effective immediately. This amount will cover the costs of postage and time spent by the office in preparing the bill. Councilor Chirco moved to approve reducing the Town's service fee for this district, at this time, from $20 to $5 per quarter. The motion was seconded by Councilor McLoud.
RES 132-14 VOTE: 3 ayes, 0 nays, 2 absent. Carried.
Weedsport Winter Wanderers
They have submitted their annual request to use the Town's trails during the upcoming season and authorizing the Supervisor to sign the required documentation for Niagara Mohawk/National Grid ("NIMO") on allowing trail usage. Councilor Chirco moved to authorize the Supervisor to execute the documents necessary that would allow the Weedsport Winter Wanderers to use the land owned by NIMO for snowmobiles, second by Councilor McLoud.
RES 133-14 VOTE: 3 ayes, 0 nays, 2 absent. Carried.
Mr. Lukins also requested a letter allowing the club to use the Town's trails for the upcoming season. Councilor McLoud moved to authorize the Supervisor to forward a letter to the Weedsport Winter Wanderers allowing the usage of the Town's trails during the upcoming snowmobile season. The motion was seconded by Councilor Chirco.
RES 134-14 VOTE: 3 ayes, 0 nays, 2 absent. Carried.
Court to Participate in Class Action Settlement
Documentation has been received regarding the settlement of a class action against Met Life, etc. for improperly faxing documents to the Court's fax machine and Justice Maltese has asked for the Board's approval to submit a claim. Councilor McLoud moved to authorize the Court to participate in the class action settlement, second by Councilor Chirco.
RES 135-14 VOTE: 3 ayes, 0 nays, 2 absent. Carried.
Agreement with Hiscock & Barclay for Defense of Shadybrook Assessment
The Board briefly discussed the legal costs associated with this matter and advised that matter should be thoroughly defended. Councilor Chirco moved to authorize the Supervisor to sign the retainer agreement with Hiscock & Barclay to defend the Shadybrook Assessment matter, second by Councilor McLoud.
RES 136-14 VOTE: 3 ayes, 0 nays, 2 absent. Carried.
Old Business
Local Law #5* - Noise Ordinance
Attorney Leja reviewed the short SEQR form for Local Law #4 with the Board and answered questions posed by the members. Following the discussion, Councilor Chirco moved to issue a determination that Local Law #4 would not have a negative impact on the environment and authorizing Attorney Leja to execute the short SEQR form on behalf of the Town. The motion was seconded by Councilor McLoud.
RES 137-14 VOTE: 3 ayes, 0 nays, 2 absent. Carried.
Attorney Leja left the meeting at 7:46 p.m.
Cat Spay/Neuter Clinic
Everything is set to conduct the clinic on August 22nd. Unfortunately, there is minimal amount of participants in the event.
Pole Barn
The DASNY office is now waiting for confirmation that the funding is available from the State's budget office. Once that has been received, they will forward an agreement.
Water District #2
The Clerk is still working on obtaining a cell phone for the water operator.
Water District #8
Engineer Piascik will forward a request allowing for the purchase of surplus materials to Engineer Helgren. County Attorney Testa has advised that the deed for Cottle Road has been filed with the Cayuga County Clerk and he will forward a stamped copy to the Town.
Mr. Lukins left the meeting at 7:58 p.m.
Water District #9
The following documents were available for the Board's review: a copy of the updates prepared by Engineer Piascik to the Preliminary Engineering Report; Cayuga County Agriculture and Farmland Protection Board response and the response from Agriculture and Markets on the Final Notice of Intent. The Farmland Protection Board requested that the Engineer work with the residents during the design process. Supervisor Hotaling's conversation with Titus Falkenburg, PE was shared with the Board. A proposed copy of lateral restrictions for this district was also reviewed. Councilor McLoud moved to adopt the following lateral restrictions:
Water District #9 - Lateral Restriction - Conditions on Future Service
The Town of Brutus imposes the following conditions, as warranted or recommended on the management of water/sewer lines located along Jericho Road between East Brutus Street Road and Town of Sennett boundary; Bibbens Road between East Brutus Street Road and Jericho Road; East Brutus Street Road just east of Bibbens Road within an agricultural district:
(1) The only land and/or structures which will be allowed to connect to the proposed waterline or sewer within an agricultural district will be existing structures at the time of construction, further agricultural structures, and land and structures that have already been approved for development by the local governing body prior to the filing of the Final Notice of Intent by the municipality.
Land and structures that have been approved for development refer to those properties/structures that have been brought before a local governing body where approval (e.g., subdivision, site plan, and special permit) is needed to move forward with project plans and the governing body has approved the action. If no local approval is required for the subdivision of land and/or the construction of structures, the municipality accepts the limitation under Public Health Law §1115 that defines a "subdivision," in part, as "any tract of land which is divided into five or more parcels." Water and/or sewer service will not be extended to the fifth and subsequent parcels where no local approval is required and the land is located within a county adopted, State certified agricultural district.
(2) If a significant hardship can be shown by an existing resident, the lateral restriction to the resident's property may be removed by the municipality upon approval by the Department. It is the responsibility of the resident landowner to demonstrate that a hardship exists relative to his or her existing water supply or septic system and clearly demonstrate the need for public water or sewer service. The municipality shall develop a hardship application to be filed with the municipality, approved by the County Department of Health, and agreed to by the Department of Agriculture and Markets.
•(3) If it can be demonstrated to the Department's satisfaction that the landowner requested the county to remove his or her land from an agricultural district at the time of district review and the county legislative body refused to do so, lateral restrictions may be removed by the municipality if the Department determines that the removal of the restriction for the subject parcel(s) would not have an unreasonably adverse effect on the agricultural district.
•(4) If land is removed from a county adopted, State certified agricultural district and the district has been reviewed by the county legislative body and certified by the Commissioner for modification, lateral restrictions imposed by the municipality are no longer in effect for the parcels of land that have been removed from the agricultural district.
The motion was seconded by Councilor Chirco.
RES 138-14 VOTE: 3 ayes, 0 nays, 2 absent. Carried.
ShadyBrook MHP Roads
Engineer Piascik provided a preliminary design plan to address the drainage problem on Stonehedge Road which is a Town road. There are problems with designing the project because of the uncertainty of where the gas, sewer and water lines are located and because the area is essentially flat. Normally the drainage pipes would be placed 2-3 feet down, but he believes that gas lines are located in that area. This project may require a lot of hand digging to locate the various lines. A meeting will be scheduled with Supervisor Hotaling, Superintendent Cunningham and the Bruckners.
Best Value Principal
At the last Town Board meeting, the Board adopted a Best Value Principal Policy. However, the Clerk is concerned that a local law may be required rather than a policy. A draft of Local Law #6 - Best Value Principal was submitted to the Board for their review. Attorney Yates will be contacted about whether this should be a policy or local law.
Fire Department Calculations
A copy of the information provided at meeting with Village on the Fire Department budget was available for the Board's review.
Information Security Management Regulation for Personal, Private and Sensitive Information (PPSI)
At the July meeting the Board was provided with a draft policy for PPSI. The Board did not have any changes to the proposal. Councilor Chirco moved to adopt the following Personal Private and Sensitive Information Policy:
SUBJECT: PROTECTING PERSONAL, PRIVATE AND SENSITIVE INFORMATION WHEN DISPOSING OF OR REUSING ELECTRONIC EQUIPMENT (PPSI):
The Town of Brutus recognizes that it is necessary to maintain electronic data essential to the operation of the Town. All personnel of the Town have a responsibility to protect the Town's data from unauthorized generation, access, modification, disclosure, transmission or destruction. In addition, the Town recognizes the need to keep Personal, Private and Sensitive Information (PPSI) data secure. Prior to reusing or disposing of electronic equipment containing PPSI data will be removed by a qualified technician.
This policy governs the privacy, security, and integrity of Town data, especially confidential data, and the responsibilities of municipalities for such data. It also provides the various definitions of data classifications. The implementation of controls and other related operations for the disposal of electronic equipment that may contain personal, private and sensitive information data is provided in the corresponding regulation. The policy and regulation provided herein apply to all elected and appointed employees including any board, commission and committee members.
Data Classifications
Data owned, used, created, or maintained by the Town is classified into the following four general categories: Confidential Data; Protected Staff Data; Protected Resident Data; Public Data.
Data is generally stored in collections (i.e. databases, files, tables, etc.) Often these collections do not segregate the more sensitive data elements of a collection from the less sensitive data. Therefore, in determining the classification category, the most sensitive data element in the collection will be used to classify the entire collection.
Confidential
Confidential data are considered the most sensitive and require the highest level of protection. Confidential data includes data that the Town must keep private under federal, local, and state laws, contractual arrangements, or based on it proprietary worth. Confidential data may be disclosed to individuals on a strict need-to-know basis only. Personal, Private, or Sensitive Information (PPSI) is to be considered confidential.
Protected Employee Data
Protected employee data is information that must be guarded due to proprietary, ethical, or privacy considerations, and must be protected from unauthorized access, modification, transmission, storage or other use. This classification applies even though there may not be a civil statue requiring this protection. Protected employee data is information that is restricted to Town Board, Town Clerk personnel, Bookkeeper, Assessor, Court Justices and Court Clerks who have a legitimate purpose for accessing such data.
Protected Resident Data
Protected Resident Data is information that must be guarded due to proprietary, ethical, or privacy considerations, and must be protected from unauthorized access, modification, transmission, storage or other use. This classification applies even though there may not be a civil statute requiring this protection. Protected Resident Data is information that is restricted to Town Board, Town Clerk personnel, Bookkeeper, Assessor, Court Justices and Court Clerks who have a legitimate purpose for accessing such data.
Public Data:
Public data is information that may or must be open to the general public. It is defined as information with no existing local, national or international legal restrictions on access or usage. Public data, while subject to Town disclosure rules, is available to the general public.
Data Classification Roles and Responsibilities
Data Owner
Data Owners are the individuals responsible for all documentation and information that is supplied or obtained by overseeing the proper handling of such data. The owners are responsible for ensuring that appropriate steps are taken to protect data and to implement policies, guidelines, and memorandums of understanding that define the appropriate use and access to the data. Typically, the owner of a collection of information is the person responsible for the use of the information (e.g. Town Board, Town Clerk personnel, Bookkeeper, Assessor, Court Justices and Court Clerks and Town Supervisor). The data owner is responsible for and authorized to:
Approve who may access data resources and formally assign custody of an information resources asset (e.g. what permissions or types of data a user may access.) Specify appropriate controls (e.g. access, security, proper handling) based on data classification, to protect the information resources from unauthorized modification, deletion, or disclosure. The owner will convey those requirements as necessary for implementation of controls and will educate those who may have access to the data.
Confirm that the applicable controls specified are in place to ensure appropriate levels of confidentiality, integrity and availability of the data.
Ensure that users, data systems, and relating operations comply with applicable controls.
Assign custody of information resources assets (e.g. computerized systems, electronic files) and provide appropriate authority to those who implement security controls and procedures.
Ensure access rights to the data are re-evaluated or modified when a user's access requirements change (e.g. job assignments change, departure).
Data User
The user is any person who has been authorized by the owner of the information to read, enter, or update that information. The user has the responsibility to (1) use the resource only for the purpose specified by the owner, (2) comply with controls established by the owner, and (3) prevent disclosure of confidential or sensitive information. The user is the single most effective control for providing adequate security.
SUBJECT: INFORMATION SECURITY BREACH AND NOTIFICATION
The Town of Brutus recognizes the State's concern regarding the rise in identity theft values the protection of the private information of individuals in accordance with applicable law and regulations and acknowledges the need for prompt notification when security breaches occur. To this end, the Town of Brutus is establishing and implementing regulations which:
*Identify and/or define the types of private information that is to be kept secure. For purposes of this policy, "private information" does not include information that can lawfully be made available to the general public pursuant to federal or state law or regulation;
*Include procedures to identify and breaches of security that result in the release of private information; and
*Include procedures to notify persons affected by the security breach as required by law.
Additionally, it is the policy of the Town of Brutus to not communicate employee "personal identifying information" to the general public. "Personal identifying information" includes, but may not be limited to, social security number, home address or telephone number, personal electronic email address, internet identification name or password, parent's surname prior to marriage, or driver's license number. It is further the policy of the Town to protect employee social security numbers so that such numbers not be publicly posted or displayed, be printed on any ID badge, card or time card, be placed in files with unrestricted access, or be used for occupational licensing purposes. Employees with access to such information shall be notified of these prohibitions and their obligations.
Any breach of the Town's computerized data which compromises the security, confidentiality, or integrity of personal information maintained by the Town shall be promptly reported to the Town Supervisor and Town Board.
SUBJECT: PROTECTING PERSONAL, PRIVATE AND SENSITIVE INFORMATION WHEN DISPOSING OF OR REUSING ELECTRONIC EQUIPMENT (PPSI) REGULATION:
In order to safeguard critical Town data, the disposal process must be followed whenever a copy machine, fax or computer is returned to the vendor of origin for disposal or otherwise determined to be disposed of. Officials should account for all equipment that may contain PPSI, track the removal of the PPSI from the equipment prior to disposal and monitor compliance of the process by documenting the procedures. Recognizing the frequent changes in technology capacity, said procedures shall be modified accordingly.
COPY MACHINE DISPOSAL
When procuring (leasing) a new copier or multi-function device, a line on the purchase order for the new unit must include the Town's purchase of the hard drive for the unit if/when device is returned to the vendor.
The Town will contact a qualified, professional company & provide written confirmation that a copier is being returned to the vendor of origin and to expect its hard drive.
The Town will provide a copy of the courier confirmation to the Town Supervisor.
The hard drive will be left with the Town Clerk by the copy vendor technician.
The Town Clerk will then make the appropriate arrangements for transport of the written confirmation and hard drive to the company.
Upon receipt, the company will format for re-use, store or destroy the hard drive as applicable and forward written confirmation of the manner in which the hard drive was disposed of.
FAX AND COMPUTER DISPOSAL
In conjunction with the Supervisor, a determination is made as to the existence of a hard drive or other storage device that may contain data in the electronic equipment. When a hard drive or other device has been identified, the Town Clerk will follow the same procedures for "Copy Machine Disposal".
No electronic equipment containing a hard drive or other storage device is to be disposed of until the Town Supervisor has verified that all PPSI data has been removed.
The motion was seconded by Councilor McLoud.
RES 139-14 VOTE: 3 ayes, 0 nays, 2 absent. Carried.
Sidewalk Repairs
The Board discussed the Clerk's suggestion of using reserve funding to repair the sidewalk on both sides of the Town Municipal Building which would be subject to a 30-day permissive. The 2014 Budget includes $4,000 to repair the sidewalks on Route 34, however, because regulations require that new sidewalks be ADA compliant and it is believed that this amount will not be sufficient to cover the costs. Superintendent Cunningham suggested that the Highway Department would be able to repair the damage to the sidewalk on Route 31 and the Board asked that they take care of this issue. The Board also asked that an estimate be obtained for the work that needs to be performed on the Route 34 side rather than estimating an amount to be spent from reserves.
Close Public Hearing on LL #4 - Constable Residency
Councilor Miller asked whether anyone present wanted to speak regarding Local Law #4. No one spoke and the hearing was closed at 9:05 p.m. Councilor Chirco moved to approve Local Law #4 - Constable Residency as follows:
LOCAL LAW #4 - 2014 - CONSTABLE RESIDENCY REQUIREMENTS
Be it enacted by the Town Board of the Town of Brutus as follows:
Section 1. Title
A local law to establish the residency requirement for the appointed offices of Town Constable.
Section 2. Purpose
It is the purpose of this local law to modify the requirements of Section 23 of the Town Law and Section 3 of the Public Officers Law, which sections require that the Constable be a resident and elector within the Town.
Section 3. Authority
This local law is adopted pursuant to Municipal Home Rule Law § 10(1)(ii) (a)(1) which authorizes local governments the authority to enact local laws regarding qualifications of local officers.
Section 4. Supersession
This local law shall supersede Town Law §23(1) in its application to the offices of Constable for the Town of Brutus.
Section 5. Residency
The person holding the office of Constable in the Town of Brutus need not be a resident nor an elector of the Town of Brutus, provided, however, that such person shall reside in Cayuga County or an adjoining county within the State of New York.
Section 6. Inconsistency
All other local laws and ordinances of the Town of Brutus that are inconsistent with the provisions of this local law are hereby repealed; provided however, that such repeal shall only be to the extent of such inconsistency and in all other respects this local law shall be in addition to such other local laws or ordinances regulation and governing the subject matter covered by this local law.
Section 7. Savings Clause
If any clause, sentence, paragraph, word, section or part of this local law shall be adjudged by any court of competent jurisdiction to be unconstitutional, illegal or invalid, such judgment shall not affect, impair or invalidate the remainder, thereof, but shall be confined in its operation of the clause, sentence, paragraph, worked section or part thereof directly involved in the controversy in which such judgment shall have been rendered.
Section 8. Effective Date
This local law shall take effect upon filing with the State of New York.
The motion was seconded by Councilor McLoud. Councilor Miller called for a roll call vote.
VOTE: Councilor Stephen McLoud Aye
Deputy Supervisor/Councilor Thomas Flynn Absent
Councilor David Miller Aye
Councilor Amy Chirco Aye
Supervisor James Hotaling Absent
RES 140-14 VOTE: 3 ayes, 0 nays, 2 absent. Carried.
Miscellaneous
- Information from NYS Department of Taxation on Property Tax Freeze
- NYMIR Risk Management Bulletin - Summer 2014 - Inflatable Equipment
- Hunt Summer 2014 Newsletter
- Quarterly News from EJP
- 2013 Annual Report from NYMIR
- Family Farm Update - Senator DeFrancisco
- Syracuse Builders Exchange - Summer 2014
- Alliance Advisor - July 2014
- Letter and Fact Sheet on Natural Gas Emergencies from NYSEG
There was no other business to come before the Board and Councilor Chirco moved to adjourn the meeting at 9:10 p.m., seconded by Councilor McLoud.
RES 141-14 VOTE: 3 ayes, 0 nays, 2 absent. Carried.
Respectfully submitted,
Mary Kae Brentlinger
Town Clerk
*The numbering of the Constable Residency and Noise Ordinance Laws have been switched because of the dates of adoption and State filing requirements.
