MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD
OF THE TOWN OF SARATOGA, 12 SPRING ST.
SCHUYLERVILLE, NY
July 10, 2017
7:00 P.M.
Supervisor Thomas Wood opened the meeting at 7:00 p.m. with the Pledge of Allegiance.
Roll call: Town Clerk Linda McCabe, called the roll: Supervisor Thomas Wood- present, Councilman Charles Hanehan - present, Councilman Michael McLoughlin – absent (arrived at 7:06 p.m.), Councilman James Jennings – present, Councilman Gary Squires – present.
Also present: Zoning Officer/Building Inspector Gil Albert, Deputy Clerk Michelle Conover, Town Attorney William Reynolds, Steve, Laurie & Luke Griffen, Wendy Lukas, Garry Robinson, Mr. T. Yannios, J.R. Hanna, Mr. & Mrs. D. Palmetto, John Cashin, Jan Murphy, Russell Kirkwood, Brandon Myers and Terri Korb. (sign-in sheet is on file in the Clerk’s office)
Recognitions/Presentations/ Bid openings/ Public Hearings:
Supervisor Thomas Wood presented Steve Griffen, his wife Laurie and their son Luke, with a Certificate of Recognition in honor of his father, Philip C. Griffen.
On a motion made by Supervisor Thomas Wood, seconded by Councilman Michael McLoughlin, the following Resolution #17-72 - Recognition of Philip C. Griffen, was adopted by vote: Supervisor Thomas Wood - aye, Councilman Michael McLoughlin – aye, Councilman Charles Hanehan – aye, Councilman James Jennings – aye, Councilman Gary Squires – aye. Carried 5 – 0
WHEREAS, Philip Chauncey Griffen was one of four sons born to Isaac and Ruth Griffen on August 1, 1935, in Quaker Springs, NY; and
WHEREAS, he was a brother to Edward, Walter and Paul; and
WHEREAS, he was raised and worked on his family's farm on County Route 67 in the Town of Saratoga, attended local country school and graduated from Saratoga Springs High School in 1952; and
WHEREAS, he attended Cornell University, graduating with a BS Degree in Animal Husbandry in 1956; and
WHEREAS, while at Cornell he was a member of Alpha Gamma Rho fraternity and ROTC and upon graduation was commissioned as a Lieutenant and spent two years in the Navy; and
WHEREAS, he married Linda Sweezey in 1958, and they had five children: Laura, Julia, Karen, Steven, and Sara; and
WHEREAS, he operated Patriots View Dairy Farm in Bemis Heights for 30 years and in 1967 was recognized as the outstanding young farmer of the year; and
WHEREAS, in 1986, at age 51, he started Saratoga Sod Farm, which is now owned and operated by his son Steve and Daughter-in-law Laurie; and
WHEREAS, he was active in many agricultural and community organizations including Saratoga County Farm Bureau, New York State Farm Bureau, of which he served as state President and Vice President, Saratoga County Agriculture and Soil Conservation Service, New York State Soil and Water Conservation Committee, Advisory Council to the Dean of the College of Agriculture at Cornell University, Saratoga County Cooperative Extension, Turf Grass Producers International, Quaker Springs United Methodist Church, Quaker Springs Volunteer Fire Department, of which he served as treasurer for many years; and
WHEREAS, he served the Town of Saratoga for eight years, beginning in 1967 as a charter member of the Town’s Planning Board and also as a Town Councilman for 20 years, from 1984 to 2003; and
WHEREAS, he was an avid golfer, loved to garden and enjoyed traveling, and
WHEREAS, he died at the age of 81, on May 29th, 2017, at his home in McCormick, South Carolina; now therefore be it
RESOLVED, that the Town of Saratoga extends our belated condolences to all of the family and friends of the Philip Griffen Family and be it further
RESOLVED, that the Town Board, of the Town of Saratoga, does hereby recognize and honor to the highest degree possible, Philip Chauncey Griffen for his patriotism, devotion, service and sacrifice to his family, community, and country; and be it further
RESOLVED, that the Town of Saratoga will never let his name and the service that he gave to his community and country be forgotten and that he will always be held in the highest esteem and remembered as one of the Town of Saratoga’s best.
Supervisor Thomas Wood presented Gary Galusha and his wife Michelle, along with extended family members, the following Certificate of Recognition in honor of his father, Robert M. Galusha.
On a motion made by Supervisor Thomas Wood, seconded by James Jennings, the following Resolution #17-73, Recognition of Robert M. Galusha, was adopted by vote: Supervisor Thomas Wood - aye, Councilman Michael McLoughlin – aye, Councilman Charles Hanehan – aye, Councilman James Jennings – aye, Councilman Gary Squires – aye. Carried 5 – 0
WHEREAS, Robert M. Galusha was the son born to Howard and Frances DeMaranville Galusha on December 4, 1924 in Fort Edward, NY; and
WHEREAS, he had a brother William Galusha and three sisters Helene Robinson, Velma Nelson, and Beatrice French, and
WHEREAS, as a child he lived in the Fort Miller area, attended school there and graduated from Schuylerville High School in the class of 1943; and
WHEREAS, he enlisted in the army on January 31, 1944 and was assigned to Company 1, 330th Infantry Regiment, where he was a rifleman in combat infantry, and
WHEREAS, he was wounded in Belgium, on December 8, 1944 and received two Bronze Stars, the European African Middle Eastern Theater Ribbons, Purple Heart, Victory Ribbon, American Theater Ribbons; and
WHEREAS, he was discharged due to a disability, from Fort Dix, N.J. on December 22, 1945; and
WHEREAS, he married Alice Nevins and had two children, Cathleen Lewie and Gary Galusha; and
WHEREAS, he was a machinist at Scott Paper, in Fort Edward, N.Y. for 40 years and he enjoyed gardening and garage sales; and
WHEREAS, he died at the age of 92, on May 29th, 2017 at the VA Hospital in Albany, N.Y; now therefore be it
RESOLVED, that the Town of Saratoga extends our belated condolences to all of the family and friends of the Robert M. Galusha Family and; and be it further
RESOLVED, that the Town Board of the Town of Saratoga does hereby recognize and honor to the highest degree possible, Robert M. Galusha for his patriotism, devotion, service and sacrifice to his family, community, and country; and be it further
RESOLVED, that the Town of Saratoga will never let his name and the service that he gave to his community and country be forgotten and that he will always be held in the highest esteem and remembered as a member of America's Greatest Generation, one of the Town of Saratoga’s best.
Supervisor Thomas Wood introduced and reviewed proposed Local Law #6 of 2017- Six (6) Month Temporary Moratorium of Timber Harvesting in certain zoning districts in the Town.
Public Hearing for Local Law #6 of 2017 - Six (6) Month Temporary Moratorium Prohibiting Timber Harvesting in certain zoning districts of the Town of Saratoga, Proof of Notice in the Saratogian on July 1, 2017 having been provided, Supervisor Thomas Wood opened the Public Hearing on Local Law #6 of 2017, at 7:21 p.m., asking those wishing to speak to please stand and state their name and address for the record.
The following residents addressed the Board:
John Cashin, 122 Cedar Bluff Rd.
Tom Yannios, 43 Hill Rd.
Having heard all that was spoken, a motion was made by Supervisor Thomas Wood, seconded by Councilman Michael McLoughlin, to close the Public Hearing at 7:24 p.m. Supervisor Thomas Wood - aye, Councilman Michael McLoughlin – aye, Councilman Charles Hanehan – aye, Councilman James Jennings – aye, Councilman Gary Squires - aye. Carried 5 – 0.
Approval of Minutes: A motion was made by Councilman Michael McLoughlin, seconded by Councilman Gary Squires, to accept the regular meeting minutes of June 12, 2017, as written. Supervisor Thomas Wood - aye, Councilman Charles Hanehan – aye, Councilman Michael McLoughlin – aye, Councilman James Jennings – aye, Councilman Gary Squires – aye.
Carried 5 – 0
Town Clerk’s report for June 2017: Fees paid to the NYS Dept. of Agriculture and Markets for the Animal Population Control Program $56.00. Fees paid to New York D.E.C. for hunting and fishing licenses $575.40. Fees paid to the New York State Health Department for Marriage licenses $45.00. Dog license fees to Supervisor Thomas Wood $260.00. Clerk fees to Supervisor Thomas Wood $278.60. Total State and Local Revenues received were $1,215.00.
Zoning Officer’s report for June 2017: Gil Albert reported: 13 Building Permits, 26 Building Inspections, 7 Certificates of Occupancy, 0 Junk Yard Permits, 2 Complaints, 0 Fire inspections, 2 Order/s to Remedy, 3 misc., 5 Building Permit Renewals, 0 Property Maintenance Inspections. A check for $2,415.00 was given to Supervisor Thomas Wood.
Dog Control Officer’s report for June 2017: Supervisor Thomas Wood read the following: D.C.O. Ed Cross answered 10 complaints, took 2 dogs to the shelter, 0 bite case/s, traveled 158 miles, issued 22 warnings and 6 summons were issued.
Town Court report for June 2017: The following were closed: 60 Vehicle & Traffic, 3 Criminal/Penal Law, 0 DEC/ENCON, 3 Dog cases, 2 DWI’s, 1 Town & Village Ordinance, 0 Small Claims/Civil, 1 Eviction, 0 Hearing, 0 Defendant sentenced to probation, 0 hours of community service issued, 1 (case transfer) Divestiture Forms sent to County Court, 0 days of jail time issued, 0 Orders of Protection issued, and $8,045.00 in fees were paid to the NY State Comptroller.
Tax Collector’s report: No report
Historian’s report for 2017: Supervisor Thomas Wood read the following:
During the month of June, the Town Historian continued his research on the Town and its residents. He continues to blog with various “on this day” posts. He had 68 posts on his website with over 841 visitors in July. The Timber Framing on the new Visitor's Center was some of the most popular posts.
July 15th - 1 pm the Heritage Hunters will host speaker Michael Maloney, the Librarian and Archivist for the Schenectady County Historical Society.
August 6th - The Turning Point Parade.
August 13th - The Historical Association will host 18th Century Day at the Schuyler House.
Assessor’s report for Assessor June 2017: No report
Highway Superintendent’s June 2017 report:
v Roadside mowing and ditch-line clearing of limbs
v Addressing culverts blocked by beavers
v Stop lines repainted on Burgoyne, Hayes and Degarmo Rds.
v Southard Rd. has been reclaimed and binder paved
v Replaced a driveway culvert on Southard Rd.
v Diesel fuel meter had to be replaced on fuel bulk tank
v Some painting has been done on the fuel shed
v Sent two trucks to Wilton for paving
v Welding repair on Village of Victory’s truck
v They now have the new 2017 Dodge pick-up truck
Supervisor’s report:
SUPERVISOR’S REPORT JUNE 2017
GENERAL FUND – TOWNWIDE (A FUND)
Balance on hand 06/01/2017 $ 1,309,774.24
Revenues + 49,865.83
Disbursements - 66,551.83
Balance 06/30/2017 $ 1,293,088.24
GENERAL FUND – OUTSIDE VILLAGE (B FUND)
Balance on hand 06/01/2017 $ 1,633,012.20
Revenues + 2,821.33
Disbursements - 8,709.78
Balance 06/30/2017 $ 1,627,123.75
HIGHWAY FUND – OUTSIDE VILLAGE (DB FUND)
Balance on hand 06/01/2017 $ 822,428.82
Revenues + 181,886.56
Disbursements - 90,135.36
Balance 06/30/2017 $ 914,180.02
SCHUYLER PARK 06/30/2017 $ 142,629.96
YOUTH RECREATION & SERVICE 06/30/2017 $ 6,979.78
HIGHWAY EQUIPMENT RESERVE 06/30/2017 $ 39,087.89
BUILDING RESERVE 06/30/2017 $ 255,009.44
TRUST & AGENCY 06/30/2017 $ 27,964.42
MOBILE HOME GRANT 06/30/201 $ 0.00
HOME IMPROVEMENT GRANT#2 06/30/2017 $ 81,311.94
(holding checks until funds are deposited)
CDBG GRANT 06/30/2017 $ 0.00
HISTORIC HUDSON HOOSIC RIVER 06/30/2017 $143,520.26
PARTNERSHIP
SCENIC BY WAYS GRANT 06/30/2017 $ 311.21
PARK RESERVE 06/30/2017 $ 151,956.55
PROPERTY CAP RESERVE 06/30/2017 $ 1,038.71
v Sales Tax Received – June 2017 - $99,948.00
v Mortgage Tax - May 2017 - $7,740.50
Public comments on agenda items: No comments
Committee reports:
Landfill: No report
Insurance: Supervisor Thomas Wood stated the Board has been reviewing insurance options over the past month and it is Board consensus to continue with the current CDPHP policy.
Youth: Supervisor Thomas Wood stated the contract has been signed and swimming classes begin today, July 10th .
The 2016 paving of the access road, adjacent to the fields, has mitigated the annual dust control issues with neighboring properties. The Committee is currently reviewing options for the installation of the concrete floors in the new west-end pavilion.
Office of Emergency Management: Sherry Doubleday held a CPR training session at 6:30 p.m. prior to the opening of the Town Board meeting. Town Board members and employees were invited to attend to ensure everyone is updated and trained.
GSES, QSFD Reports:
J. R. Hanna, General Schuyler Station of the Wilton Emergency Squad, reported the following: They had a total of 60 calls for the month of June: 53 calls were handled through the Schuylerville Station, 7 were handled through the Wilton Station, and 0 Mutual Aid. They had a consolidated 257 calls.
Farm Medic Course will be held the last weekend in September. The class covers familiarization of farm machinery, along with treating major trauma as a result of machinery/animal injuries. They are working with a number of farms in the Saratoga/Northumberland area to help with the equipment and scenario needs.
They participated in Sundae on the Farm and are looking forward to Turning Point weekend.
They have started the process of transfer of operating authority from General Schuyler to the Wilton Emergency Squad; they expect this to take 60 days to complete.
Fire Chief Don Ormsby, Quaker Springs Fire Department, stated they have had 66 calls to date, 10 of which have been in the last 4 weeks.
Old Business: None
New Business:
Supervisor Thomas Wood stated he has talked with the Board about shared services with the county and when he was there earlier today, he asked about purchasing office products and if they provide delivery. He was told they will deliver directly to us.
On a motion made by Councilman James Jennings, seconded by Councilman Gary Squires, the following Resolution #17-71 - Adoption of Local Law #6 of 2017 - Six (6) Month Moratorium of Tree Harvesting in the Lake Residential, Lake Commercial and Rural District II zoning districts in the Town of Saratoga, was adopted by vote: Supervisor Thomas Wood - aye, Councilman Michael McLoughlin – aye, Councilman Charles Hanehan – aye, Councilman James Jennings – aye, Councilman Gary Squires – aye. Carried 5 – 0
WHEREAS, The Town of Saratoga is currently undertaking a study of the effects and suitability of establishing a land use regulatory scheme regarding timber harvesting in the Town of Saratoga, particularly in those zoning districts in the vicinity of Saratoga Lake, a valuable natural resource of the Town. The Town Board is of the opinion that a period of time is needed in order to adequately review, study and plan for such a land use regulation; and
WHEREAS, timber harvesting is defined as the cutting of trees six (6) inches or more in diameter at breast height at a rate of more than twelve (12) trees per acre. This shall not include the cutting of dead or diseased trees; trees creating a dangerous condition; or the cutting of trees for construction activities as reviewed and approved by the Building Inspector and/or the Planning Board; and
WHEREAS, a public hearing was held and input received from the townspeople, now, therefore be it,
RESOLVED, by the Town Board of the Town of Saratoga, to adopt Local Law #6 of 2017, effective immediately.
(Complete copy of Local Law #6 of 2017, on file in Clerk’s office)
Local Law Filing NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET, ALBANY, NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter.
Town of Saratoga
Local Law No. 6 of the year 2017
A local law to enact a temporary moratorium prohibiting timber harvesting in certain zoning districts of the Town of Saratoga .
Be it enacted by the Town Board
of the
(Name of Legislative Body)
Town of Saratoga as follows:
SECTION 1 – Legislative Findings.
The Town of Saratoga is currently undertaking a study of the effects and suitability of establishing a land use regulatory scheme regarding timber harvesting in the Town of Saratoga, particularly in those zoning districts in the vicinity of Saratoga Lake, a valuable natural resource of the Town. The Town Board is of the opinion that a period of time is needed in order to adequately review, study and plan for such a land use regulation.
SECTION 2 - Moratorium.
There is enacted a temporary moratorium prohibiting timber harvesting, as defined below, in the Lake Residential, Lake Commercial, and Rural District 2 Zoning Districts of the Town of Saratoga. This moratorium shall continue for a period of six months from the effective date of this local law.
SECTION 3 - Definition.
For purposes of this temporary moratorium, timber harvesting shall be defined as follows:
Timber Harvesting
The cutting of trees six inches or more in diameter at breast height at a rate of more than 12 trees per acre. This shall not include the cutting of dead or diseased trees; trees creating a dangerous condition; or the cutting of trees for construction activities as reviewed and approved by the Building Inspector and/or the Planning Board.
SECTION 4- Penalties for Violations
Any person, firm or corporation who or which violates this section shall be guilty of a misdemeanor, and upon conviction may be penalized by a fine of not less than $2,000.00, nor more than $25,000.00, or alternatively, a higher amount not exceeding double any gain realized from the commission of the violation, or by a term of imprisonment not to exceed one year, or both. In addition, the Town Board may also maintain an action in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction such violation, to compel arboreal restoration of the affected forested land, and to impose a civil penalty in an amount equal to $2,000.00 for each tree removed.
SECTION 5 – Effective Date.
This local law shall take effect immediately.
On a motion made by Councilman Charles Hanehan, seconded by Councilman Michael McLoughlin, the following Resolution #17-74 - Standard Work Day and Reporting, was adopted by vote: Supervisor Thomas Wood - aye, Councilman Michael McLoughlin – aye, Councilman Charles Hanehan – aye, Councilman James Jennings – aye, Councilman Gary Squires – aye.
Carried 5– 0
BE IT RESOLVED, that the Town of Saratoga hereby establishes the following as standard work day for Victoria Hayner, appointed assessor for the Town of Saratoga, and will report the following days worked to the New York State and Local Employees Retirement System based on the record of activities maintained and submitted by these officials to the clerk of this body:
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Town Clerk
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Linda A. McCabe |
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Council- man
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Gary Squires |
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Justice |
Charles Sherman |
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Highway Supt. |
Donald Ormsby Jr.
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Council- man |
Charles Hanehan |
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AppointedOfficials |
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Zoning Officer |
Gilman Albert |
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Deputy Town Clerk |
Michelle Conover |
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Historian |
Sean Kelleher |
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Assessor |
Victoria Hayner |
0813 |
40811622 |
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10/01/2013-09/30/2019 |
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On a motion made by Councilman James Jennings, seconded by Councilman Michael McLoughlin, the following Resolution #17-76 - Accepting Contract Proposal – Adirondack Trust Insurance with New York Municipal Insurance Reciprocal (NYMIR) was adopted by vote: Supervisor Thomas Wood - aye, Councilman Michael McLoughlin – aye, Councilman Charles Hanehan – aye, Councilman James Jennings – aye, Councilman Gary Squires – aye.
Carried 5– 0
WHEREAS, the Adirondack Trust Insurance Agency has been the insurance agent for the Town’s property-casualty insurance for the past 29 years; and
WHEREAS, said agency has offered superior service and advice to the Town and has marketed the insurance again this year for the Town’s benefit; and
WHEREAS, this year, the agent has sought proposals from our incumbent insurer, Houston Casualty Company, as well as NYMIR; and
WHEREAS, the analysis of the proposals by said agency has shown that NYMIR has offered the lowest premium with improved coverage; now, therefore be it
RESOLVED, that the Town of Saratoga hereby accepts the agency’s property-casualty proposal through NYMIR (Crime with Travelers) for the upcoming year, 8/13/2017-8/13/2018, up to $40,958.10; and be it
RESOLVED, that the Town of Saratoga expresses its intention to make this award to the agency and NYMIR for a one year period; and be it further
RESOLVED, that the Supervisor is authorized to sign the Subscriber’s Agreement with NYMIR after review and approval by the Town Attorney.
On a motion made by Councilman Charles Hanehan, seconded by Councilman Gary Squires, the following Resolution #17-77 - Authorization to Adopt Workplace Violence Policy, was adopted by vote: Supervisor Thomas Wood - aye, Councilman Michael McLoughlin – aye, Councilman Charles Hanehan – aye, Councilman James Jennings – aye, Councilman Gary Squires – aye.
Carried 5 – 0
WHEREAS, the Town of Saratoga is dedicated to the security, safety and overall well-being for all of the Town of Saratoga employees; and
WHEREAS, the Workplace Violence Policy is a direct reflection of the “Zero Tolerance” posture of the Town toward all forms of violence in the workplace; now therefore be it
RESOLVED, that the Town of Saratoga adopt the Workplace Violence Policy;
attached.
WORKPLACE VIOLENCE POLICY
POLICY STATEMENT:
The Town of Saratoga is dedicated to the security, safety and overall well-being for all of the Town of Saratoga employees. This Workplace Violence Policy is a direct reflection of the "Zero Tolerance" posture the Town has taken toward all forms of violence in the workplace. Proper budgeting resources will be allocated to achieve the goal of creating and maintaining a safe and productive work environment. The Town of Saratoga is responsible, to invest in the safety and security of the workplace so our employees are provided with the environment they need to be safe and productive.
The policy will ensure the following:
v Complete commitment from all levels of management to be implemented consistently, fairly and without any form of reprisal to those filing complaints.
v Confidentiality will be respected as much as possible but cannot be assured in order to investigate fully and properly.
v Shared participation from non-management and management Personnel in formulation, as well as, in practice.
v Prompt and accurate action on all reported incidents.
v An open door of communication for program re-evaluation and improvement.
POLICY DEFINITION:
According to the National Institute for Occupational Safety & Health (NIOSH) "Workplace Violence is any physical assault, threatening behavior or verbal abuse occurring in the work setting. It includes, but is not limited to, beatings, stabbings, suicides, shootings, rapes, near suicides, psychological traumas; such as threats, obscene phone calls, an intimidating presence, and harassment of any nature; such as being followed, sworn at or shouted at.
Workplace may be any location, either permanent or temporary, where an employee performs any work-related duty. This includes, but is not limited to, the buildings and the surrounding perimeters, including the parking lots, field locations, clients' homes, and traveling to and from work assignments."
WEAPONS POLICY:
The Town of Saratoga has a zero tolerance philosophy with regard to the possession (physical and/or constructive), of any dangerous/deadly weapon on Town premises. This includes, but is not limited to, any firearm, knife, blunt instrument, brass knuckles, or any other object that can cause bodily injury, serious bodily injury or death.
Any violation of this policy or refusal to submit to a lawful inspection for the presence of a weapon on Town property by an employee may result in disciplinary action up to and including termination.
GUIDELINES:
The Town of Saratoga will formulate and maintain a Workplace Violence Prevention Policy. When necessary, departments will have a specific written policies applicable to their particular needs or issues.
Each new employee will be required to review this Policy and Procedure and will acknowledge that he/she has done so.
A copy of the Workplace Violence Prevention Policy will be prominently displayed in the workplace of each department.
Each employee will be required to attend a Workplace Violence training annually.
PROCEDURES:
1. All complaints shall be made to either:
a. The employee's Supervisor
b. The employee's Department Head
c. The Town Supervisor
2. While complaints may initially be made either orally or in writing, it is preferred that complaints be reduced to writing on a complaint form provided by the Town Supervisor's office.
3. The employee should be urged to sign the complaint form.
4. All complaints of workplace violence will be reported to the Town Supervisor to ensure an immediate and effective investigation. The Town Supervisor shall determine whether the Department Head will proceed with the investigation or have the investigation completed by
his office.
5. Once the investigation has been concluded, a final report must be completed and provided to the Town Supervisor so that circumstances can be critiqued. As a result, appropriate changes then can be made to the existing Workplace Violence Prevention Policy.
On a motion made by Councilman James Jennings, seconded by Councilman Gary Squires, the following Resolution #17-78 - Agreement between the Town Board of the Town of Saratoga and the Highway Superintendent of the Town of Saratoga for the Expenditure of the 2017 Highway Emergency Winter Recovery Money, Pursuant to the provisions of Section 284 of the Highway Law, was adopted by vote: Supervisor Thomas Wood - aye, Councilman Michael McLoughlin – aye, Councilman Charles Hanehan – aye, Councilman James Jennings – aye, Councilman Gary Squires – aye.
Carried 5 – 0
RESOLVED, Pursuant to the provisions of Section 284 of the Highway Law, the Town Board and the Town Highway Superintendent agree that moneys levied and collected in the Town for the repair and improvement of highways, and received from the State for State Aid for the repair and improvement of highways, shall be expended as follows:
1. PERMANENT IMPROVEMENTS: The following sums shall be set aside to be expended for the permanent improvement of Town Highways:
a. On the road commencing at Wagmans Ridge Rd. and leading to Burke Rd., a distance of 1.54 miles, there shall be expended not over the sum of $26,099.93; using 3 Binder, width of traveled surface - 20’, 3” top thickness and reclaimed sub-base. (SOUTHARD RD. using E.W. R. apportionment of $26, 099.93)
On a motion made by Councilman James Jennings, seconded by Councilman Gary Squires, the following Resolution #17-79 - Authorization to Adopt Workplace Harassment Policy, was adopted by vote: Supervisor Thomas Wood - aye, Councilman Michael McLoughlin – aye, Councilman Charles Hanehan – aye, Councilman James Jennings – aye, Councilman Gary Squires – aye.
Carried 5 – 0
WHEREAS, harassment of employees on any basis can violate New York Human Rights Law and/or Civil Rights Act of 1964, and
WHEREAS, harassment is a form of employment discrimination, and
WHEREAS, the Town of Saratoga is committed to a policy of prohibiting unlawful harassment in all workplaces where Town of Saratoga employees work, now therefore be it
RESOLVED, that the Town of Saratoga adopt the attached Workplace Harassment Policy; see attached.
UNLAWFUL WORKPLACE HARASSMENT POLICY:
Harassment of employees on the basis of gender, sexual orientation, race, disability, age, religion,
national origin, or other basis prohibited by law, including specifically, sexual harassment (hereinafter "unlawful harassment"), can violate the New York Human Rights Law and/or the Civil Rights Act of 1964. The Town of Saratoga's Equal Employment Opportunity, Affirmative Action and Title VI Plan includes the policies and procedures for discrimination against employees.
Harassment is a form of employment discrimination. Harassment becomes unlawful when 1) enduring the offensive conduct becomes a condition of continued employment, or 2) the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile or abusive.
The Town of Saratoga is committed to a policy of prohibiting unlawful harassment in each and every workplace in which the Town employees work or conduct business. Conduct which constitutes unlawful harassment will not be tolerated in any Town employee or anyone else who is present in a Town workplace and will be treated as an act of employee misconduct.
Employees may also report complaints of unlawful harassment to either the New York State Human Rights Division or the United States Equal Employment Opportunity Commission. The Town of Saratoga recognizes the importance of having a working environment free from unlawful harassment, and encourages the use of its complaint resolution procedure by its employees to make the Town a comfortable and enjoyable place to work for all.
GUIDELINES:
1. The Town of Saratoga will formulate and maintain an Unlawful Workplace Harassment Policy and Procedure. A copy of the policy is available upon request.
2. Each new employee will be required to review the Unlawful Workplace Harassment policy and Procedure and will acknowledge that they have done so. The employee may access a copy through his/her Department Head or the Town Supervisor's office.
3. In addition, a copy of the Unlawful Harassment Policy and Procedures will be prominently displayed in the work place of each Department.
4. Each employee shall be required to attend an Unlawful Harassment Training session at least once in five (5) years.
5. Supervisory personnel, including Department Heads, shall attend an Unlawful Harassment Training session at least once in every five (5) years.
PROCEDURES:
1. If an employee believes that unlawful harassment has occurred, the employee should inform the offending person that his/her conduct is unwelcome and should cease immediately. It is important for the victim to communicate that the conduct is unwelcome, particularly when the alleged harasser may have some reason to believe that the advance may be welcome. However, a victim of harassment need not confront his/her harasser directly, so long as his/her conduct demonstrates that the harasser's behavior is unwelcome.
If an employee is a victim of unlawful harassment, the Town of Saratoga affords the employee with the rights of redress and complaint resolution channels for incidents of unlawful harassment. All complaints shall be made to one of the following persons:
· The employee's Supervisor or Department Head
· The Town Supervisor
· The Town Attorney
All complaints of unlawful harassment must be reported to the Town Supervisor. If an employee reports alleged harassment to his/her Supervisor, the Supervisor will notify his/her Department Head who will report the allegation to the Town Supervisor, who will be responsible for conducting the investigation of a filed harassment complaint.
However, in the event a member of the Town Board believes that unlawful harassment has occurred by another member of the Board, the complaint should be made to the Town Attorney.
2. While complaints may initially be made either orally or in writing, it is preferred that complaints be reduced to writing on a complaint form provided by the Town Supervisor's office.
3. The employee should be urged to sign the complaint form.
4. Within eight (8) working days from the notification of the alleged harassment, the Town Supervisor will initiate an investigation and will inform the employee of such. The employee will be informed that confidentiality will be respected as much as possible but cannot be assured in order to investigate fully and properly; that the alleged offender will be questioned about his/her side of the story; that the witnesses and other employees of the Department may be questioned; and that the appropriate action against the accused will occur if he or she is found to be guilty. The Town's policy against unlawful harassment should be reiterated and the employee advised to report it, should the conduct continue.
5. The employee shall be assured that retaliation for the reporting of complaints of unlawful harassment will not be tolerated, and that any such retaliatory conduct shall be treated in the same manner as the report of unlawful harassment. All claims of retaliation will be promptly investigated and appropriate action will be taken.
6. In recognition of the personal nature of complaints of unlawful harassment and the emotional impact of perceived discrimination, the Town of Saratoga will attempt to maintain the confidentiality of all complaints and investigations in a manner which is consistent with the Town's investigative procedures and other laws and regulations regarding employees. For the protection of all employees who make a complaint or are accused of prohibited unlawful harassment, all witnesses interviewed during an investigation will be advised of the confidentiality requirement and instructed not to discuss the complaint, the investigation, or the person involved. To the extent a complaint made under this Policy implicates criminal conduct, The Town of Saratoga may be required by law to contact and cooperate with the appropriate law enforcement authorities or other governmental agencies.
7. The accused employee shall be notified privately of the charges against him or her and given an opportunity to respond to those charges.
8. The Town of Saratoga shall interview witnesses and other personnel who may have knowledge of the complaint or other instances of unlawful harassment.
9. The investigatory procedure shall be fully documented, including the date, time, place and remarks about the incident. A confidential written report of the investigation including the final determination will be prepared.
10. Whether by admission by the accused employee or by the facts disclosed during the investigation, it is determined that conduct constituting unlawful harassment occurred, the offender will be advised of such determination and appropriate action shall be taken in accordance with the Town's disciplinary procedures and under any applicable collective bargaining agreement or the New York State Civil Service Law. The victim will also be advised of the results of the investigation in writing and any action taken, to the extent permitted by law and the Town's personnel policies and practices.
11. If the investigation is unable to determine whether the actions alleged in the complaint occurred, the accused employee will be informed that the investigation was inconclusive, but that if the complaint is found to occur, appropriate disciplinary action will occur. Other remedial or preventative steps may be implemented by the Town. The accused employee will also be advised that it is against the Town of Saratoga Policy for any acts of retaliation against the complaining employee to occur.
12. The Town of Saratoga will not tolerate acts done in retaliation for reporting unlawful harassment, and retaliatory acts should be reported and will be investigated in the same way as complaints of unlawful harassment. Falsely reporting unlawful harassment is inappropriate. An employee conclusively found to have falsely reported unlawful harassment is subject to disciplinary action.
On a motion made by Councilman Michael McLoughlin, seconded by Councilman Charles Hanehan, the following Resolution #17-80 - Authorization to Participate in County Shared Service, was adopted by vote: Supervisor Thomas Wood - aye, Councilman Michael McLoughlin – aye, Councilman Charles Hanehan – aye, Councilman James Jennings – aye, Councilman Gary Squires – aye.
Carried 5 – 0
WHEREAS, in accordance with the 2017 - 2018 New York Enacted budget, the Saratoga County Administrator is responsible for establishing a Shared Services Plan with each of the Towns, Cities and Villages within the County; and
WHEREAS, the proposed Plan will provide opportunities to participate in two programs, those being Cooperative Bidding through County purchases of office supplies and Retirees Health Insurance for those 65 years and older; and
WHEREAS, the Town has spent approximately $7,850.00 at Staples for office supplies and $1,800.00 at Foley’s for cleaning products and supplies in the last one and a half years and each of these companies deliver their products directly to the Town Hall; and
WHEREAS, participation in the Saratoga County Retiree Health Plan for retirees age 65 and older - MVP Gold Plan, one being $25.00 PPO option at $272.00 per month, or the other being $10.00 PPO option at $284.00 per month; and
WHEREAS, the Town of Saratoga currently participates in a $15.00 PPO at $271.50 per month; now, therefore be it
RESOLVED, that the Town of Saratoga participates in the Cooperative Bidding Plan as there is the possibility of cost savings to the Town with this plan.
Privilege of the floor: No one spoke.
Upcoming meetings:
v Agenda meeting – Thursday, August 10, 2017 at 7:00 p.m.
v Regular Town Board meeting – Monday, August 14, 2017 at 7:00 p.m.
Audit the Bills: On a motion by Councilman James Jennings, seconded by Councilman Michael McLoughlin, the following Resolution #17-81 - Approving the Payment of Bills in Abstract 7G was adopted by vote: Supervisor Thomas Wood - aye, Councilman Michael McLoughlin – aye, Councilman Charles Hanehan – aye, Councilman James Jennings – aye, Councilman Gary Squires – aye.
Carried 5 – 0
RESOLVED, by the Town Board of the Town of Saratoga to authorize payment of the bills listed in Abstract 7G in the following amounts:
General Fund DB Voucher No. 116 through 130 $ 46,717.32
General Fund A Voucher No. 192 through 224 $ 20,316.25
General Fund B Voucher No. 34 through 38 $ 446.77
Youth Rec & Services Voucher No. 02 $ 3,000.00
Schuyler Park H Voucher No. 14 and 16 $ 925.16
Farmland Protection Voucher No. 06 $ 1908.80
HH Voucher No. 36 through 51 $190,691.88
Grand Total $ 264,006.18
A motion to adjourn at 8:37 p.m. was made by Councilman Michael McLoughlin and seconded by Councilman Gary Squires. Supervisor Thomas Wood - aye, Councilman Charles Hanehan – aye, Councilman Michael McLoughlin – aye, Councilman James Jennings – aye, Councilman Gary Squires – aye.
Carried 5 - 0
Meeting Adjourned
Respectfully Submitted,
Linda A. McCabe
Town Clerk