The Regular Meeting of the Town Board of the Town of Ira was held 7:00 p.m. March 5 th, 2014 at the Town of Ira Municipal Bldg., 2487 West Main St. Cato, New York. PRESENT: James Lunkenheimer, Supervisor (absent) James Edelstein, Deputy Supervisor Charles Kyle, Councilman Lawrence Wallace, Councilman Ricky Wilson, Councilman ALSO PRESENT: Jill Campbell Town Clerk/Collector; Mike Hesse, Highway Superintendent; Alan Simmons, resident. Call to order Pledge of Allegiance Mr. Wallace moved to approve the agenda and was seconded by Mr. Kyle with unanimous approval. Carried Mr. Kyle moved to approve the minutes of February 5 th, 2014, seconded by Mr. Wilson with unanimous approval. Carried Highway Report Superintendent Hesse has someone interested in purchasing the old radios. The new radio bases are in. The overhead door in the highway dept. will be installed on 3-6-14. The mower is on order and should be here in March. There is storage space at Bart Farms. The Hwy Dept. ran out of sand and has been hauling more. Salt can no longer be purchased. The sanding chain broke on the 2004 #2 truck and had to be replaced as well as other general repairs. The new pickup is here and only needs the lettering put on. The town board agreed to put the old truck up for sealed bid, the clerk will advertise. Mr. Hesse suggested roads that need repair and paving. They will finish Farnam Rd and replace the culvert when weather breaks and address the heaving on new pavement on Farnam with Midland Asphalt. Beavers and dams continue to be a problem on Allen Rd. Mr. Edelstein will contact the town attorney and DEC. #2014-20 SEALED BIDS FOR 2008 F250 XLT PICKUP On motion by Mr. Kyle and seconded by Mr. Wilson with unanimous approval the RESOLVED, The Town of Ira will be taking sealed bids for a 2008 Ford F250 XLT Pickup Truck w/8 Fisher Minute Mount Plow with 106,500 miles. The truck can be seen at the Town of Ira Hwy Dept. on Ira Station Rd, Cato NY. Contact Hwy Superintendent Hesse for more information at 315-626-2154. Sealed Bids can be dropped off at the Ira Town Clerks Office 2487 W. Main St, Cato NY during regular office hours and will be opened April 2 nd. 2014 @ 7pm. The Town Board of the Town of Ira reserves the right to reject any or all bids. Code Enforcement Report Mr. Moose was not in attendance. Mrs. Campbell stated he had submitted $89.00 for a permit last month. Mr. Moose is looking for violations. Also addressing concerns on Humphrey Rd and the Backman property in Ira. Planning Board Report The planning board had no actions last month. No members will be attending the Onondaga Co. Planning Federation training. Those that need more training will get the training locally through the Cayuga County Planning Board. Town Clerk/Collector Report Mrs. Campbell collected payment for 5 certified copies, 30 photocopies, 1 return check fee, 121 trash permits, 2 marriage licenses, $13.00 for duplicate tax bill fees, 58 dog licenses and $89 for Building fees totaling $5,516.50. Payment was sent to NYS Ag &
Markets spay/neuter program for $72.00 and NYS Health Dept. $45.00. Approximately 200 tax reminders were mailed out. Mrs. Campbell paid off the Town Tax Warrant of $579,805.00 and will continue collecting for the county until the warrant expires April 1 st, 2014. Mrs. Campbell stated there will be a CPR/AED training class March 11 th, both the town clerk and court clerk and judge should attend, the board agreed. Mrs. Campbell stated the computers in her office are 7-10 years old and running on Windows XP. As the town does not receive enough revenue from selling DECALS to cover the cost of equipment the board regretfully agreed that DECALS will no longer be available in the town clerk s office. Mrs. Campbell also informed the board the state auditor would like them to consider an IT policy. RESOLUTION #2014-21 NO LONGER SELLING DECALS IN THE TOWN CLERK S OFFICE On motion by Mr. Wallace and seconded by Mr. Wilson with unanimous approval the RESOLVED, the Town Board of the Town of Ira hereby stops all sales for the Department of Conservation automated licensing program. Supervisors Report The general fund balance sheets were submitted to board members. As Mr. Lunkenheimer is ill, James Edelstein stated he was willing as Deputy Supervisor to fulfill his duties until Mr. Lunkenheimer returns. The board received copies of the Procurement Policy to review for next month. The Town Board adopted the following Code of Ethics Policy. RESOLUTION #2014-22 TO AMEND THE CODE OF ETHICS FOR THE TOWN OF IRA ADOPTED MARCH 5 TH, 2014 WHEREAS, it is required that all municipalities must have a code of ethics setting forth for the guidance of its officers and employees the standards of conduct reasonably expected of them, pursuant to New York General Municipal Law 806; and WHEREAS, the Town of Ira previously adopted such a code on or about December 30, 1970, and that the same was re-filed with the state May 9 th, 2007; and WHEREAS, the Town of Ira now wishes to amend its Code of Ethics in order to give additional guidance to its officers and employees as to the standards of conduct reasonably expected of them; now, therefore let it be RESOLVED, that the Town of Ira, County of Cayuga, State of New York, does hereby amend Article IV, of the Town s previous code comprising the Town of Ira s Code of Ethics, to state the following: ARTICLE I INTENT OF TOWN BOARD Section 1. Statement of legislative intent. The Town Board of the Town of Ira recognizes that there are State statutory provisions mandating counties and towns to establish rules and standards of ethical conduct for public officers and employees which, if observed, can enhance public confidence in local government. In the light of a tendency today on the part of some people to downgrade our local governments and to discredit our public servants and our free institutions generally, it appears necessary that every effort be made to assure the highest caliber of public administration of this Town as part of our State s important system of local government. It is the purpose of this resolution to implement this objective through the establishment of standards of conduct, to provide for punishment of violation of such standards and to create a Board of Ethic to render advisory opinions to the Town officers and employees as provide for herein.
Section 2. The standards, prohibited acts and procedures established herein are in addition to any prohibited acts, conflicts of interest provisions or procedures prescribed by statute of the State if New York and also in addition to common law rules and judicial decisions relating to the conduct of Town officers to the extent that the same are more severe in their application than this resolution. ARTICLE II CODE OF ETHICS Section 1. Definitions. As used in this resolution, the term "Town" shall mean any board, commission, district, council or other agency, department or unit of the government of the Town of Ira. The term "Town employees" shall mean any officer or employee of the Town of Ira, whether paid or unpaid, whether serving in a full-time, part-time or advisory capacity. Section 2. Rule with respect to conflicts of interest. No Town employee shall have any interest, financial or otherwise, direct or indirect, or engage in any business or transaction or professional activity, or incur any obligation of any nature which is in substantial conflict with the proper discharge of his or her duties in the public interest. Conflicts of interests may include, but may not be limited to, the circumstances described below in Section 3 standards. Section 3. Standards. (a) A Town employee must avoid circumstances that compromise his or her ability to make decisions solely in the public interest or that create an appearance of impropriety. (b) No Town Employee shall use Town-owned property or assets for personal purposes or profit or to benefit a private party. Use of Town property or assets is restricted to the conduct of official business and for the benefit of residents. (c) Spouses and other family members may not serve in positions creating a conflict of interests, the appearance of a conflict or consolidation of power in one board. (d) A Town employee may not solicit or receive any gift, whether financial or in any other form, from any person who is doing or seeking to do business of any kind with the Town; has done business with the Town during a two (2) year period prior; is engaged in activities that are regulated or controlled by the Town; or from a lobbyist representing a person before a Town agency. Generally, a Town employee may not receive or solicit any such gift, creating the appearance that his or her official duties may be influenced or that his or her responsibility to make impartial decisions solely in the public interest is compromised. (e) A Town employee shall not solicit, negotiate for or commit to accept private employment from any person doing business with or having any matter pending with the town, or accept any employment which will impair his or her independence of Judgment in the exercise of their official duties. (f) No Town employee shall accept employment or engage in any business or professional activity which will require him to disclose confidential information which he has gained by reason of his or her official position or authority. (g) An official shall comply with section 805-a of the
General Municipal Law, which prohibit officials, under stated conditions, from representing others before the municipality. (h) A Town employee may not disclose confidential Town information or use it to further his own private interests (i) No Town employee shall solicit political contributions from subordinates. (j) No Town employee who has left municipal service, for a period of two (2) years after departure, shall appear before or receive compensation in a matter before his former agency. Notwithstanding the general two (2) year bar, a Town employee is permanently barred from appearing or receiving compensation regarding a matter he or she was personally involved in as a town official. (k) A Town employee is prohibited from: a. Holding positions when one is subordinate to the other b. Holding positions when the duties of the positions conflict (l) No Town Employee shall use his or her official position to provide a financial or other private benefit to any other Town Employee (including themselves), their relatives by blood or marriage, their customers, clients, employers, employees and /or any of that Town Employees campaign contributors. (m) No Town employee shall engage in any transaction as representative or agent of the Town with any business entity in which he has a direct or indirect financial interest that might reasonably tend to conflict with the proper discharge of his or her official duties. (n) A Town employee shall not by his or her conduct give reasonable basis for the impression that any person can improperly influence him or unduly enjoy his or her favor in the performance of his or her official duties, or that he or she is affected by the kinship, rank, position or influence of any party or person. (o) Each Town employee shall abstain from making personal investments in enterprises which he or she has reason to believe may be directly involved in decisions to be made by him or her or which will otherwise create substantial conflict between his or her duty in the public interest and his or her private interest. (p) Each Town employee shall endeavor to pursue a course of conduct which will not raise suspicion among the public that he or she is likely to be engaged in acts that are in violation of his or her trust. (q) No Town employee employed on a full-time basis, nor any firm or association of which such employee is a member, nor corporation a substantial portion of the stock of which is owned or controlled directly or indirectly by such employee, shall sell goods or services to -any person, firm, corporation, or association which is licensed or whose rates are fixed by the Town in which such employee serves or is employed. (r) A Town employee must recuse themselves when faced with one of the above conflicts. This means that the employee may not deliberate, vote or participate in any way in the matter; the employee should disclose his or her conflict and remove themselves from the board. Section 4. Violations: In addition to any penalty contained in any other provision of law, any such Town employee who shall knowingly and intentionally violate any of the provisions of this resolution may be fined, suspended or removed from office or employment in the manner provided by law. ARTICLE III
BOARD OF ETHICS Section 1. There is hereby established a Board of Ethics consisting of 3 members to be appointed by the Town Board, all of whom reside in the Town of Ira and who shall serve without compensation and at the pleasure of the Town Board of the Town of Ira. A majority of such members shall be persons other than Town employees, but shall include at least one member who is an elected or appointed Town official of the Town of Ira. Section 2. The Board of Ethics established hereunder shall render advisory opinions to Town employees on written request and upon request of the Town Board make recommendations to such Town board as to any amendments of this resolution. The opinions of the Board of Ethics shall be advisory and confidential and in no event shall the identity of the Town employee be disclosed except to authorized persons and agencies. Such opinions shall be on the advice of counsel employed by the Board of Ethics or, if none, of the Town Attorney. Section 3. Such Board of Ethics upon its formation shall promulgate its own rules and regulations as to its form and procedures and shall maintain appropriate records of its opinions and proceedings. ARTICLE IV ADMINSTRATION Section 1. Upon the adoption of this resolution, the Clerk of the town Board shall cause a copy thereof to be distributed to every Town employee of this Town. Failure to distribute any such copy or failure of any Town employee to receive such copy shall have no effect on the duty of compliance with this code, nor the enforcement of provisions hereof. The Clerk of the Town Board shall further cause a copy of this resolution to be kept posted conspicuously in each public building under the jurisdiction of the Town. Failure to so post this resolution shall have no effect on the duty of compliance herewith, nor the enforcement provisions hereof. Section 2. Within thirty (30) days of the adoption of this resolution, the Clerk of the Town Board shall file a copy thereof in the office of the State Comptroller. Section 3. The Town Board may appropriate moneys from the general Town funds for the maintenance of general operations of the Board of Ethics established hereunder, but such Board of Ethics may not commit the expenditure of Town moneys, except within the appropriations provided herein. ARTICLE V SEVERABILITY CLAUSE Section 1. If any clause, sentence, paragraph, section or part of this resolution shall be adjudged by any court of competent jurisdiction to be invalid, such judgment
shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. ARTICLE VI EFFECTIVE DATE Section 1. This resolution shall take effect immediately. RESOLUTION #2014-23 MUNICIPAL DEPOSIT RESOLUTION On motion by Mr. Kyle and seconded by Mr. Wilson with unanimous approval the ADOPTED, AYES 4, NAYS 4 BE IT RESOLVED, that all drafts, checks or other instruments or orders for the payment of money drawn on the General Fund checking, Highway Fund checking, Trust Fund checking and Money Market for the Town of Ira, with First Niagara Bank NA shall be signed by any one of the following officers: James Lunkenheimer, Town Supervisor or James Edelstein, Deputy Supervisor. RESOLUTION #2014-24 ADOPT CAYUGA COUNTY MULTI-JURISDICTIONAL HAZARDOUS MITIGATION PLAN On motion by Mr. Wilson and seconded by Mr. Kyle with unanimous approval the WHEREAS, the Town of Ira, with the assistance from Tetra Tech and Cayuga County, has gathered information and prepared the Cayuga County Multi-Jurisdictional All-Hazard Mitigation Plan; and WHEREAS, the Cayuga County Multi-Jurisdictional All-Hazard Mitigation Plan has been prepared in accordance with the Disaster Mitigation Act of 2000; and WHEREAS, the Town of Ira is a local unit of government that has afforded the citizens an opportunity to comment and provide input in the Plan and the actions in the Plan; and WHEREAS, the Town of Ira has reviewed the Plan and affirms that the Plan will be updated no less than every five years; NOW THEREFORE, BE IT RESOLVED by the Town Board that the Town of Ira adopts the Cayuga County Multi-Jurisdictional All-Hazard Mitigation Plan as this jurisdiction s Natural Hazard Mitigation Plan, and resolves to execute the actions in the Plan under its jurisdictional authority. RESOLUTION #2014-25 APPROVE AGREEMENT WITH CAYUGA COUNTY TO PLOW 911 TOWER ACCESS RD On motion by Mr. Wallace and seconded by Mr. Kyle with unanimous approval the following resolution was, RESOLVED, the Town Board of the Town of Ira authorizes the Deputy Supervisor to sign the agreement with Cayuga County to keep the access road to the 911 Tower plowed when requested at no charge. RESOLUTION #2014-26 SECURITY SYSTEM, CAMERAS AND DOOR FOR MUNICIPAL BUILDING
On motion by Mr. Wallace and seconded by Mr. Wilson with unanimous approval the following resolution was, RESOLVED, the Town Board of the Town of Ira authorizes the Deputy Supervisor Edelstein to purchase security systems, cameras and door for the municipal building. RESOLUTION #2014-27 CPR/AED TRAINING FOR TOWN EMPLOYEES On motion by Mr. Wilson and seconded by Mr. Kyle with unanimous approval the following resolution was, RESOLVED, the Town Board of the Town of Ira approves the town clerk, court clerk and justice to attend the CPR/AED training at CIMVAC on March 11 th, 2014. RESOLUTION #2014-28 APPROVAL OF TOWN CLERK REPORT FOR FEBRUARY 2014 On motion by Mr. Wilson and seconded by Mr. Kyle with unanimous approval the RESOLVED, the Town Clerk Report for the month of February 2014 was approved. RESOLUTION #2014-29 APPROVAL OF SUPERVISOR REPORT FOR FEBRUARY 2014 On motion by Mr. Wallace and seconded by Mr. Kyle with unanimous approval the RESOLVED, the Supervisor report for February 2014 was approved. RESOLUTION #2014-30 APPROVAL OF AUDITED BILLS PER ABSTRACT #3 FOR FEBRUARY 2014 On motion by Mr. Wallace and seconded by Mr. Kyle with unanimous approval the RESOLVED, the Supervisor is hereby authorized to make payment for the following audited bills and transfers per abstract #3 for the month of February 2014. General Fund A Voucher # 63-80 $ 13,196.45 General Fund B Voucher # 21-24 $ 600.08 Street Lighting SL Voucher # 9-12 $ 221.84 Highway DA Voucher # 40-68 $ 55,526.56 Highway DB Voucher # 8-10 $ 5,648.39 SF Ira Fire Dept Voucher # 1 $ 79,810.00 Total $155,003.32 Transfer $2,069.02 from DA5130.4 to DA5130.2. PBS Supply will refund $533.50 from February overpayment to go to DA5130.4 Mr. Simmons asked the town board if there was a reason for the audit. Mr. Edelstein stated that there hadn t been one done in 20 years and there was discussion on the procedure. At 8:45 pm Mr. Wilson motioned to adjourn seconded by Mr. Kyle with unanimous approval, carried. Ira Town Clerk/Collector, Jill Campbell