Regular Village Board Meeting Page 1 of 5
March 20, 2006
The regular semi-monthly meeting of the Board of Trustees of the Village of Menands, held on March 20, 2006 was called to order by Mayor John Bishop at 7:40 P.M. following the Public Hearing.
PRESENT: John W. Bishop, Jr., Mayor
John F. Hagmann, Trustee
Meg Grenier, Trustee
Timothy A. Lane, Trustee
Ronald H. Miller, Trustee
William T. Smith, Jr., Clerk-Treasurer
Stephen Rehfuss, Village Attorney
Also attending: Village residents; Bill Garvey, Esther Nolan, Don Bucher, Paul Cooney, Adam Daniels, Paul Zabinski, Tom Zabinski, Dick Rendert, Joan Lucey, Dawn Primett, Jim Long, Gert Kutz, Dianne McFarland, David Fusco, John Stangle and Tim Boyd.
Resident Jim Long inquired about the Menand Road Paving Project and how the area between the sidewalk and wing gutter will be determined, the Mayor and Paul Cooney explained the procedure.
Mr. Dave Fusco of Sierra Recycling Group approached the Board with a proposal for the property he owns at the end of Simmons Lane. After a lengthy discussion Mr. Fusco was informed that it was not what was envisioned for Menands and the Broadway Corridor, and that he would need to have a Full Environment Impact Study as the Board has concerns about Environmental Issues, Traffic Issues, and Zoning Issues. Mr. Fusco should have his attorney review the Zoning Laws for the Village and would probably need a Variance before anything could be done.
Paul Cooney advised the Board that he and Tim Boyd had a meeting with the engineer for the Jones Court Project concerning the requirements needed for the Site Plan, including plans for the demolition of the old school and soil and water protection plans, also they have to contact NYS DOT concerning the work to be done on Broadway as they will need permits from NYS DOT. Paul Cooney and Tim Boyd discussed with the Dignums about having the Village put the water connections for Jones Court in the plan for the Menand Road Project and billing the Dignums for the work. Paul was wondering if the Village had something in its laws to allow for this. Attorney Rehfuss will research this to see how this can be done.
A motion was made by Trustee Lane, seconded by Trustee Hagmann, to accept the amended minutes of the March 6th, 2006 meeting.
ADOPTED: Trustee Hagmann voting AYE
Trustee Grenier voting AYE
Trustee Lane voting AYE Trustee Miller voting AYE
Mayor Bishop voting AYE
Trustee Miller offered, seconded by Trustee Grenier, the following resolution and moved its adoption: Transfer of $32,000.00 from G-0000-0909 Sewer Fund Unappropriated to G-8130-0400 County Sewer Assessment.
ADOPTED: Trustee Hagmann voting AYE
Trustee Grenier voting AYE
Trustee Lane voting AYE
Trustee Miller voting AYE
Mayor Bishop voting AYE
A motion was made by Trustee Lane, seconded by Trustee Grenier, to approve payment for the following:
WARRANT # 20
GENERAL totaling $ 51,941.26
WATER totaling 12,218.73
SEWER totaling 171,788.50
TOTAL $235,948.49
PAYROLL #21 totaling $ 54,207.89
ADOPTED: Trustee Hagmann voting AYE
Trustee Grenier voting AYE
Trustee Lane voting AYE
Trustee Miller voting AYE
Mayor Bishop voting AYE
Trustee Lane offered, seconded by Trustee Grenier, the following resolution and moved its adoption:
It is hereby resolved by the Village of Menands, State of New York that:
WHEREAS, In Homeland Security Presidential Directive (HSPD)-5, the President directed the Secretary of the Department of Homeland Security to develop and administer a National Incident Management System (NIMS), which would provide a consistent nationwide approach for federal, state, local and tribal governments to work together more effectively and efficiently to prevent, prepare for, respond to, and recover from domestic incidents, regardless of cause, size or complexity; and
WHEREAS, the collective input and guidance from all federal, state, local and tribal homeland security partners has been and will continue to be, vital to the development, effective implementation and utilization of a comprehensive NIMS; and
WHEREAS, it is necessary that all federal, state, local, and tribal emergency management agencies and personnel coordinate their efforts to effectively and efficiently provide the highest levels of incident management; and
WHEREAS, to facilitate the most efficient and effective incident management it is critical that federal, state, local and tribal organizations utilize standardized terminology, standardized organizational structures, uniform personnel qualification standards, uniform standards for planning, training and exercising, comprehensive resource management, and designated incident facilities during emergencies or disasters; and
WHEREAS, the NIMS standardized procedures for managing personnel, communications, facilities and resources will improve the state’s ability to utilize federal funding to enhance local and state agency readiness, maintain first responder safety, and streamline incident management processes; and
WHEREAS, the Incident Command System components of NIMS are already an integral part of various incident management activities throughout the state, including all public safety and emergency response organizations training programs; and
WHEREAS, the National Commission of Terrorist Attacks (9-11 Commission) recommended adoption of a standardized Incident Command System.
NOW THEREFORE, Pursuant to the authority vested in me by the Village of Menands I do hereby mandate the National Incident Management System be utilized for all incident management in the Village of Menands.
I further proclaim this to take effect immediately.
Given under my hand and the Seal of the Village of Menands, 250 Broadway, Menands, New York, on this 20th day of March in the year of our Lord two thousand six.
ADOPTED: Trustee Hagmann voting AYE
Trustee Grenier voting AYE
Trustee Lane voting AYE
Trustee Miller voting AYE
Mayor Bishop voting AYE
Trustee Hagmann moved, seconded by Trustee Miller, a resolution adopting a Cyber Security Citizens’ Notification Policy that is consistent with the State Technology Law § 208 as added by Chapters 442 and 491 of the Laws of 2005.
CYBER SECURITY CITIZENS’ NOTIFICATION POLICY
A. This policy is consistent with the State Technology Law, § as added by Chapters 442 and 491 of the Laws of 2005. This policy requires notification to affected New York residents and non-residents. New York State values the protection of private information of individuals. The municipality Village of Menands is required to notify an individual when there has been or is reasonably believed to have been a compromise of the individual’s private information in compliance with the Information Security Breach and Notification Act and this policy.
B. The municipality after consulting with the State’s Office of Cyber Security and Critical Infrastructure Coordination (CSCIC) to determine the scope of the breach and restoration measures, must notify an individual when it has determined that there has been, or is reasonably believed to have been a compromise of the individual’s private information through unauthorized disclosure.
C. A compromise of private information means the unauthorized acquisition of unencrypted computerized data with private information.
D. If encrypted data is compromised along with the corresponding encryption key, the data is considered unencrypted and thus falls under the notification requirements.
E. Notification may be delayed if a law enforcement agency determines that the notification impedes a criminal investigation. In such case, notification will be delayed only as long as needed to determine that notification no longer compromises any investigation.
F. The municipality will notify the affected individual directly by one of the following methods:
1. Written notice;
2. Electronic notice, provided that the person to whom notice is required has expressly consented to receiving notice in electronic form and a log of each notification is kept by the municipality that notifies affected persons in such form;
3. Telephone notification, provided that a log of each notification is kept by the municipality that notifies affected persons; or
4. Substitute notice, if the municipality demonstrates to the state Attorney General that the cost of providing notice would exceed $250,000, that the affected class of persons to be notified exceeds 500,000, or that the municipality does not have sufficient contact information. The following constitute sufficient substitute notice:
a. E-mail notice when the municipality has an e-mail address for the subject persons;
b. Conspicuous posting of the notice on the municipality’s web page, if the municipality maintains one; and
c. Notification to major statewide media.
G. The municipality must notify, CSCIC as to the timing, content and distribution of the notices and approximate number of affected persons.
H. The municipality must notify the Attorney General and the Consumer Protection Board, whenever notification to a New York resident is necessary, as to the timing, content and distribution of the notices and approximate number of affected persons.
Regardless of the method by which notice is provided, the notice must include contact information for the municipality making the notification 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, so acquired.
I. This Policy also applies to information maintained on behalf of the municipality by a third party.
J. When more than 5,000 New York residents must be notified at one time, then the municipality must notify the consumer reporting agencies as to the timing, content and distribution of the notices and the approximate number of affected individuals. This notice, however, will be made without delaying notice to the individuals.
DEFINITIONS
Consumer Reporting Agency: Any person 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 commence for the purpose of preparing or furnishing consumer reports. The state attorney general is responsible for compiling a list of consumer reporting agencies and furnishing the list upon request to the municipality.
Data: Any information created, stored (in temporary or permanent form), filed, produced or reproduced, regardless of the form or media. Data may include, but is not limited to personally identifying information, reports, files, folders, memoranda, statements, examinations, transcripts, images, communications, electronic or hard copy.
Information: The representation of facts, concepts, or instructions in a formalized manner suitable for communication, interpretation, or processing by human or automated means.
Personal Information: Any information concerning a natural person which, because of name, number, personal mark or other identifier, can be used to identify such natural person.
Private Information: 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:
1. social security number; or
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 federal, state, or local government records.
Third Party: Any non-municipal employee such as a contractor, vendor, consultant, intern, other municipality, etc.
ADOPTED: Trustee Hagmann voting AYE
Trustee Grenier voting AYE
Trustee Lane voting AYE
Trustee Miller voting AYE
Mayor Bishop voting AYE
The Clerk led a discussion concerning the growing MS4 requirements for Storm Water Management after which it was recommended that the Village contact the Town of Colonie to possibly develop a cooperative agreement with the Town to aid the Village in
Implementing the requirements the Clerk will contact the Town.
The Clerk also discussed the Village sponsoring a Defensive Driving Course for its employees. Trustee Hagmann questioned as to the benefit to the Village, the Clerk will check with the Villages Insurance Carrier to see if it will affect the Villages insurance costs.
The Clerk advised the Board that he had a request to allow the New Main Line Company on Simmons Lane to park their vehicles on Canal Road temporarily while work is being done at their current site. The Board agreed as long as it was temporary.
The Clerk read a letter from the Town of Colonie Community Development Department stating that the Community Development Citizen Advisory Committee is recommending to the Town Board that it grant $10,000 to the Village for partial funding for the No. Lyons Avenue Reconstruction Project (attached). The Clerk also read a letter from Patrolman Ed Joy advising Chief O’Brien of his intention to retire April 12, 2007.
Mayor Bishop inquired if everyone had reviewed the list of ordinance’s that would affect the LAWS FOR REPEAT OFFENDERS that Attorney Rehfuss sent to all. It was decided that the Board should e-mail their suggestions to Attoney Rehfuss and he would then put together the appropriate legislation to be reviewed by the Board.
The Mayor read a thank you from the Local Government Council for hosting their recent meeting. He also asked the Clerk to provide each member with a copy of the response from N Y C O M TO Attorney Rehfuss concerning funding for infrastructure improvements.
The Board gave their Liaison Reports:
Mayor Bishop - Building Dept, Administration.
Trustee Hagmann – Police Dept
Trustee Lane - DPW
Trustee Miller – No Report
Trustee Grenier – Fire Dept
The Mayor stated he had delivered the Preliminary Budget to the Clerk-Treasurer. A public hearing on the Budget was scheduled for Monday, April 10th, 2006 at 7:00 P.M. The Clerk was asked to have sufficient copies of the Preliminary Budget available for the public hearing.
At 8:56 P.M., a motion was made by Trustee Hagmann, seconded by Trustee Lane, to enter into Executive Session.
ADOPTED: Trustee Hagmann voting AYE
Trustee Grenier voting AYE
Trustee Lane voting AYE
Trustee Miller voting AYE
Mayor Bishop voting AYE
The regular meeting reconvened at 9:12 P.M.
A motion was made by Trustee Grenier, seconded by Trustee Miller to adjourn.
ADOPTED: Trustee Hagmann voting AYE
Trustee Grenier voting AYE
Trustee Lane voting AYE
Trustee Miller voting AYE
Mayor Bishop voting AYE
The meeting was duly adjourned at 9:13 P.M.
_____________________
William T. Smith, Jr.
Clerk-Treasurer
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