Minutes

April 17, 2006

Body:
A regularly scheduled meeting of the Board of Trustees was held on Monday, April 17, 2006, in the Village Hall. Mayor Maedl opened the meeting at 7:00 p.m. Also present were Deputy Mayor Conley, Trustee Bateman, Trustee Herriven, Trustee Kirkpatrick, DPW Superintendent Mahar, Police Chief Swick, ClerkTreasurer Schweigert, and Daniel E. Seaman, attorney. Trustee Bateman led the Pledge of Allegiance. There were a couple of Village residents present, as well. A motion was made by Trustee Bateman, and seconded by Trustee Kirkpatrick, to approve minutes of the February 21, March 4, March 11, and March 20, 2006, meetings. Carried. A motion was made by Trustee Herriven, and seconded by Trustee Bateman, to authorize payment of bills submitted on Abstract No. 11-U in the amount of: General: $45,748.22; Water: $13,198.01; Sewer: $14,795.44; Capital Improvement: $296; Total: $74,037.67. Carried. A motion was made by Trustee Bateman, and seconded by Trustee Kirkpatrick, to approve payrolls No. 22 and 23, for weeks ending March 25 and April 8, 2006. Carried. A motion was made by Trustee Herriven, and seconded by Trustee Bateman, to authorize the Clerk-Treasurer to make a budget transfer in the amount of $100 from G8130.2 to G8130.12. Carried. The Treasurer’s report was submitted and accepted for the month of March 2006. The DPW report was submitted and accepted for the month of March 2006. The Village and Town Police reports were submitted and accepted for the month of March 2006. Chief Swick read the highlights. The Fire report was submitted and accepted for the month of March 2006. A motion was made by Deputy Mayor Conley, and seconded by Trustee Kirkpatrick to approve the membership application submitted by the Middleport Fire Department for Nicholas Boyle. Carried. A motion was made by Trustee Bateman, and seconded by Trustee Herriven, to approve the membership application submitted by the Middleport Fire Department for Daniel J. Capen. Carried. A motion was made by Deputy Mayor Conley, and seconded by Trustee Kirkpatrick to approve the membership application submitted by the Middleport Fire Department for Michael Coakley. Carried. A motion was made by Trustee Herriven, and seconded by Trustee Bateman, to approve the membership application submitted by the Middleport Fire Department for Steven Conley. Carried. A motion was made by Trustee Bateman, and seconded by Deputy Mayor Conley, to approve the membership application submitted by the Middleport Fire Department for Jason Duffy. Carried. A motion was made by Trustee Kirkpatrick, and seconded by Trustee Bateman, to approve the membership application submitted by the Middleport Fire Department for Susan Halstead. Carried. A motion was made by Trustee Herriven, and seconded by Trustee Kirkpatrick, to approve the membership application submitted by the Middleport Fire Department for Robert D. Ozimek. Carried. Correspondence was read: X Received a $100 donation from the TOPS group for use of the Scout House. Thank you will be sent. X Received a thank you from Margaret Droman for donation to the American Cancer Society in memory of her son, Jim. X Received a letter from the Middleport Fire Department advising that two inactive members have gone back on active duty. X Received the 2005 annual pretreatment report from Wendel Duchscherer. X Received some marketing information from the Niagara County Economic Development department. Attorney Seaman advised the Board that New York State now requires that a Cyber Security Notification Policy be enacted by the Board of Trustees pursuant to the New York Information Security Breach and Notification Act. The following resolution was introduced by Trustee Herriven, who moved its adoption, and seconded by Trustee Bateman: WHEREAS, pursuant to the New York Information Security Breach and Notification Act, every municipality is required to adopt its own notification policy, and WHEREAS, this resolution is based on Part 12 of the Information Security Policy promulgated by the State Office of Cyber Security and Critical Infrastructure Coordination (CSCIC) and is consistent with the Act’s requirements, NOW, THEREFORE, BE IT RESOLVED, the following constitutes the Cyber Security Notification Policy of the Village of Middleport: Cyber Security Citizens’ Notification Policy A. This policy is consistent with the State Technology Law, § 2008 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 Village of Middleport 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 Village of Middleport, after consulting with the State 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 been 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 date 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 Village of Middleport will notify the affected individual directly by one of the following methods: X Written notice; X 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 Village of Middleport; X Telephone notification, provided that a log of each notification is kept by the Village of Middleport; or X Substitute notice, if the Village of Middleport 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 Village of Middleport does not have sufficient contact information. The following constitute sufficient substitute notice: 1. e-mail notice when the Village of Middleport has an e-mail address for the subject persons; 2. Conspicuous posting of the notice on the Village of Middleport’s website page, if the Village of Middleport maintains one; and 3. Notification to major statewide media. G. The Village of Middleport must notify CSCIC as to the timing, content, and distribution of the notices and approximate number of affected persons. H. The Village of Middleport 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. I. Regardless of the method by which notice is provided, the notices must include contact information for the Village of Middleport 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. J. This policy also applies to information maintained on behalf of the Village of Middleport by a third party. K. When more than 5,000 New York residents must be notified at one time, then the Village of Middleport 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. A roll call vote was taken on the above resolution: Mayor Maedl, aye; Deputy Mayor Conley, aye; Trustee Bateman, aye; Trustee Herriven, aye; Trustee Kirkpatrick, aye. The resolution was unanimously adopted. Mayor Maedl advised the Board that she has obtained a third quote for brickwork to be done on the new public restrooms, as required by the Village’s procurement policy. Police Chief Swick advised the Board that the State DOT did not post 2-hour parking signs on Main Street when they did State Street. When all of the signs are up, he will send letters to all of the businesses advising them of the parking limit. The DOT will be contacted to find out why they didn’t post both streets. John Keirn, 36 Mill Street, asked when the “Children at Play” signs will be posted. DPW Superintendent Mahar will check on status of signs. Richard Bitterman, 4 N. Main Street, asked if the Board could look into his water/sewer bill for 66 Main Street due to a water leak following the fire at that address on January 6, 2006. Mayor Maedl advised the Board would discuss but nothing is promised. The next regularly scheduled meeting of the Board of Trustees will be held on Monday, May 15, 2006, at 7:00 p.m. A motion was made by Trustee Herriven, and seconded by Deputy Mayor Conley, to move into executive session for the purpose of proposed, pending, or current litigation. Carried. Executive session opened at 7:28 p.m. A motion was made by Trustee Bateman, and seconded by Trustee Kirkpatrick, to move back into general session. Carried. Mayor Maedl reconvened the general session at 8:12 p.m. A meeting of the Board of Trustees will be held on Wednesday, May 3, 2006, at 4:30 p.m. to interview all of the candidates who have applied for the DPW Superintendent’s position. Interviews will be held on a staggered basis. Newspaper will be notified. A motion was made by Trustee Herriven, and seconded by Deputy Mayor Conley, to revise the water dispute for 66 Main Street. Carried. Several events will be held in May in the Village: X May 6 is the annual village wide garage sale; X May 6 is the Boy Scout’s annual chicken barbeque; X May 6 is the Prism Concert being given by the Community Choir. Congratulations were offered to Trustee Herriven for being named “Scoutmaster of the Year.” Mayor Maedl was contacted today by the State Canal Corporation regarding some planned updates for the canal bank in Middleport. Attorney Seaman advised the Board that he has drafted a contract between MRAG and the Village to use the money that Sen. Maziarz procured for technical assistance. He also contacted Wendy Salvati of Wendel Duchscherer to see if she would be interested in working with FMC on some improvements as listed in our LWRP. She is interested. A motion was made by Deputy Mayor Conley, and seconded by Trustee Bateman, to adjourn. Carried. Meeting adjourned at 8:20 p.m. Respectfully submitted, Rebecca A. Schweigert Clerk-Treasurer
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