Town of Nanticoke                               Present:  Scott Ellis, Supervisor

Regular Meeting  7 p.m.                        Councilmen:  D. Benjamin, C. Forkey Jr.

3-21-06                                               E. Loveless, S. Whittaker

 

Also present were:  Jake Slack, Hwy. Supt.  Glenn Simpson, Code Enforcement, Seniors from Whitney Point Central School, Samantha Smith, Katie Kovac, Michele Edwards, Sarah Atwood, Tiffany Schiffer, Richelle Lawrence, Timothy Hawco,   Thoma Agent: Wes Pettee, Gary Smith, Wm. Struble, Town Justice, Frieda Struble, Ralph Forkey, Steven Swan.

 

Motion by Loveless, Seconded by Whittaker, Carried –Res. 22

We do hereby accept the minutes as presented with the following addition:

Approval to buy sign for an amount of $500.00.

Vote:  4 ayes  1 absent

 

Motion by Whittaker, Seconded by Forkey, Carried –Res. 23

We do hereby accept the Supervisors report as read.   Vote:  Whittaker, Loveless, Forkey, Benjamin, Ellis,    5  Ayes 

 

 A Public Hearing was opened for the Small Cities Block Grant the Town is intending to apply for.  Wes Petty told that the Town has already gone through the process to administer the program.

  They have written to the State and US Congress people for support to help get funds for the town.

 

There is $48 million available for the community block grants and a municipality may apply for different programs.  Residences which are considered in sub-standard condition will be able to apply if the grant is approved.  The town is asking for $400,000, to improve /update the homes selected on an income basis.

 

Motion by Benjamin, Seconded by Forkey, Carried –Res. 24

 We do hereby close the public hearing at 7:10 p.m.   Vote:  5 ayes

 

Motion by Whittaker, Seconded by Forkey, Carried – Res. 25

We do hereby resolve that it is the Town Boards desire to meet the Small Cities Block Grant Program for low-moderate income for single purpose for funds for the year 2006 for an amount of $400,000.00. 

Vote:  Whittaker, aye    Loveless, aye    Forkey, aye   Benjamin, aye  Ellis, aye

 

Presentation by Patrick Wren on Credit Cards.   A person who comes into court or the clerk’s office would be able to use a credit card for payment.  The person would be the one to call the company for the use of his credit card and get approval after which it would be faxed to the court or office it was generated from and if approved the funds would go into the correct account or sent by check.  The charges would be the responsibility of the card holder at 3.5% if using the internet or 5% if using the call center.   There would be reconciliation reports to be reviewed by the clerk.  There are 13 courts now using this system.  (Tioga County)  This may be set up at any time and any way that it is wanted.  The Town would renew it in one year and the program may be cancelled at any time. 

            Judge Struble stated that the office of court administration is asking courts to take credit card payments.   

            If there are any challenges the town would still get their money and it would be handled by GPS Inc. 

            Transaction made and approved then town gets money the following day.

 

Did not pass a resolution, Supervisor Ellis will fill out the worksheet and wants to have the attorney check it out first. 

 

Committee Reports:

            Benjamin: Reported on the web site to be created.  Towpath when paid a fee will set it up and help us in how to set it up and what information to include in a web site.

 

            Benjamin:  Reported on speed limits, that the Town must first request a speed limit from the County of Broome who forwards the information on to New York State and they must approve a speed limit first to be able to do such. 

 

Motion by Benjamin, Seconded by Whittaker, Carried – Res. 26

 The Town Board requested that a letter be sent requesting 45 mph on all town roads.

Vote:  Whittaker, aye    Loveless, aye   Forkey, aye  Benjamin, aye   Ellis aye

 

            Highway Committee had no reports this month.

 

There was a discussion on Broome County Board of Elections taking over the ownership of all voting machines in Broome County.  A contract from the County was read and Ellis told the Attorney feels it is ok to sign said contract.

 

Motion by Benjamin,  Seconded byWhittaker, Carried – Res. 27

We do hereby authorize the Supervisor to sign the Contract from the Broome County Board of Elections on tasks presented for elections and to take over the voting machine

we now own.

 Vote:  Whittaker, aye   Loveless, aye   Forkey,  aye   Benjamin, aye   Ellis, aye

 

A discussion was held on allowing 4 wheelers to travel on town roads.

It was the consensus of the board not to allow 4 wheelers on town roads due to the liability concerns.

 

Information was discussed on the matter of the highway superintendent being hired as a working superintendent.  The town board cannot set any job descriptions to designate him as a working superintendent.

 

Mr. Slack stated he has full intentions to work with the crew.

 

Clean up day will be held on April 22, 2006 from 7 am to 1 pm. 

 

There was a discussion on selling the 98 pick up truck and the 91 International.

 

Motion by Loveless, Seconded by Benjamin, Carried –Res. 28

We do hereby request that the trucks for sale be advertised and sealed bids will be received on April 18, 2006 at the Town Clerk’s Office by 12 noon in sealed envelopes to be opened at the regular meeting on said date at 7:00 p.m.  Minimum bids are set at $5,000.00 for the pick up and $8,000.00 for the Dump truck.

Vote: Whittaker, aye   Loveless, aye,  Forkey, aye   Benjamin, aye  Ellis, aye

 

The Town Clerk told that the term for Fred Kicsak is up this year to serve on the Grievance Review Board.  She will contact him to be sure he wants to serve another term.

 

The board reviewed the need for a consultant to administer the Small Cities Block Grant if we should get the grant:

 

Motion by Ellis, Seconded by Whittaker, Carried –Res. 29

We do hereby accept the agreement with the Thoma Agency to do the consultant matters of the Small Cities Block Grant.

Vote:  Whittaker, aye    Loveless, aye   Forkey, aye  Benjamin, aye   Ellis, aye

 

The Town Clerk will contact J&R Electric to get pass codes for the front door for officers of the Town.

 

The Health Insurance Pool for Gene Fralick approved by the board in February for the amount of 200/400 has not been approved by the Union yet.  We need to have the agreement before we pay him.

 

Motion by Benjamin,  Seconded by Forkey, Carried –Res. 30

We do hereby approve the payment of the vouchers as audited with the following transfers for: 

 

 

 

 

 

 

 

General

 

 

 

 

From: Surplus

$476

 

 

 

 

 

 

 

 

To:  A9060.810

$475.78

 

 

 

Health Ins. Pool

 

 

 

 

 

 

 

 

 

Hwy:

 

 

 

 

From: Surpluls

$25,000.00

 

 

 

To: DA5130.210

 

$25,000.00

 

 

Pymt. On pickup truck

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Vote:   Whittaker, aye   Loveless, aye   Forkey, aye  Benjamin, aye    Ellis, aye

 

Open to the public:  no one spoke.

 

Motion by  Whittaker,  Seconded by Loveless, carried Res. 31

We do hereby adjourn this meeting.   5 ayes

 

Joanne Costley, Clerk

 

 

Next Meeting:  April 18, 2006

            Agenda:

            Opening of meeting – Pledge to flag

            Approval of Minutes 3/21/06 mtg.

            Approval of Supervisor’s report

            Open Bids on Pickup and International

            Dept. Head Reports

            Committee Reports

            Old Business

            New Business

            Audit Bills        

Open to the Public

            Adjourn

 

                     Clean UP Day   April 22, 2006   7 am – 1 pm    

Reminders:   Rabies Clinic         May 10, 2006  6-7 p.m.

                       

 

 

 

 

 

 

 

 

 

 

 

Motion by Whittaker, Seconded by Forkey, Carried

 

Cyber Security Citizens’ Notification Policy

A.     This policy is consistent with the State Technology Law, § 208 as added by Chapters 442 and 491 of the Laws of 2005. 

 

B.     The Town of Nanticoke shall notify an individual, in compliance with the Information Security Breach and Notification Act and this policy, when there has been or is reasonably believed to have been a compromise of the individual’s private information, as defined in Section C. below, 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.

 

C.     A compromise of private information means the unauthorized acquisition of unencrypted computerized data with private information from the Town or from any third party maintaining such information from the Town.

 

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 by the Town may be delayed if a law enforcement agency determines that the notification may impede a criminal investigation.  In such case, the Town shall delay the notification only as long as needed to determine that notification no longer compromises any investigation.

 

F.      The Town 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 Town that notifies affected persons in such form;

3.       Telephone notification, provided that a log of each notification is kept by the Town 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 Town 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 site page, if the municipality maintains one; and

c.       Notification to major statewide media.

 

G.     The Town must notify CSCIC, the Attorney General and the Consumer Protection Board as to the timing, content and distribution of the notices and approximate number of affected persons. 

 

H.     Regardless of the method by which notice is provided, the notice shall 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, so acquired.

 

I.        This Policy also applies to information maintained on behalf of the Town by a third party.

 

J.       When more than 5,000 New York residents must be notified at one time, then the Town shall 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 commerce 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.

Vote:  Whittaker                   aye                      Loveless            aye

           Forkey              aye                      Benjamin           aye

           Ellis                   aye