TOWN OF SANTA CLARA BOARD MEETINGS

Minutes of a Public Hearing and the Regular Monthly Meeting of the Santa Clara Town Board held on Wednesday April 3, 2019 Saranac Inn, NY Town Hall at 6:30 P.M.

Public Hearing held at 6:30 P.M.

Roll as follows for the Public Hearing and Regular Monthly Meeting:

    Present:
  • Marcel Webb - Supervisor
  • David Perry - Councilman
  • Richard Lyon - Councilman
  • John Murray - Councilman
  • Scott LaMay - Superintendent of Highways

    Absent:
  • Thomas Kimpton - Councilman

    Recording Secretary:
  • Laurie McGill - Town Clerk

Public Hearing was called to order by Supervisor Webb at 6:30 P.M. on the proposed Local Law No. 1 of 2019. The proposed Local Law would amend the Town of Santa Clara Land Use Code as follows:

Proposed Amendment #1: TSC Land Use Map

Current code:

3.20 DISTRICT MAP
Said districts are bounded as shown on the map entitled "Town of Santa Clara LAND USE MAP", which map is hereby adopted by the Town Board upon the date of enactment of this code and which together with all explanatory material thereon is hereby made a part of this code by reference.

Current Land Use Designation
Tax IDOwnerDistrictAcres
453.3-1-1.300 CHR LLC Marina R-1.3 2.00
453.3-1-1.100 CHR LLC-Campsite R-C-1.3 3.50
453.3-1-1.200 Hickok, Robert R-C-1.3 0.57
453.3-1-7 Hickok, Robert R-C-1.3 0.47
Proposed Map Amendment:
453.3-1-1.300CHR LLC MarinaR-C-1.32.00


marina land

Rationale: The land on which the marina is situated has been in continuous commercial use since 1929. Since it has been a commercial use and the lots surrounding it are all designate R-C-1.3, this property should also be designated R-C-1.3 to allow the continued operation of a valuable service to the community and to be compatible with the surrounding properties.

Proposed Amendment #2: To address setback issues : The land on which the marina is situated has been in continuous commercial use since 1929. Since it has been a commercial use and the lots surrounding it are all designate R-C-1.3, this property should also be designated R-C-1.3 to allow the continued operation of a valuable service to the community and to be compatible with the surrounding properties.

Current code:

ARTICLE V - DISTRICT DIMENSIONAL REGULATIONS
5.10 GENERAL LOT REGULATIONS

Schedule of Dimensions - The dimensional restrictions and controls intended to regulate the intensity and density of land use within all districts are set forth in the following Table:

DistrictR-1-1.3R-1-3.2R-1-8.5R-1-42.7R-C-1.3R-C-3.2GRH
Maximum Principal Buildings Per Square Mile"5002007515500200N/AN/A
Minimum Lot Size (acres)1.33.28.542.71.33.2N/AN/A
Minimum Road Frontage (ft.)100125150200100125132060
Minimum Shoreline Lot Width (ft.)1502002503001502001320N/A
Minimum Front Yard Setbacks (ft.)507575100507550050
Minimum Rear Yard Setbacks (ft.)25252525252550025 /td>
Minimum Side Yard Setbacks (ft.)25252525252550025
Minimum Shoreline and Wetland Setbacks (ft.)757575100757550075
Minimum Maximum building height (ft.)3030303030303030


Proposed Amendment: Schedule of Dimensions - The dimensional restrictions and controls which regulate the intensity and density of land use within all districts are set forth in the following Table:

DistrictR-1-1.3R-1-3.2R-1-8.5R-1-42.7R-C-1.3R-C-3.2GRH
Maximum Principal Buildings Per Square Mile""500 "2007515"500 "200N/AN/A
Minimum Lot Size (acres)1.33.28.542.71.33.2N/AN/A
Minimum Road Frontage (ft.)100125150200100125132060
Minimum Shoreline Lot Width (ft.)1502002503001502001320N/A
Minimum Front Yard Setbacks (ft.)505075100505050050
Minimum Rear Yard Setbacks (ft.)25252525252550025
Minimum Side Yard Setbacks (ft.)25252525252550025
Minimum Shoreline and Wetland Setbacks (ft.)757575100757550075
Minimum Maximum building height (ft.)3030303030303030


Rationale: From Minutes 06-06-17: The current Land use Code specifies in Article V, District dimensional Regulations, Section 5.1 General Lot Regulations, Schedule of dimensions a minimum front yard setback of 50 f.t for R-1-1.3 and 75 ft. for R-1-3.2. The Chief Enforcement Officer (CEO) reported that due to the topography of the land in most areas of TSC, and especially properties on the Upper Saranac Lake, a 75 ft. setback is difficult to obtain. A 50 ft. setback for R-1-3.2 would be more practical (resulting in fewer variance requests and delays in construction to homeowners). Additionally, R-C-3.2 should correspond to R-1-3.2.

The Board agreed that changing the front yard setbacks for R-1-3.and R-C-3.2 from 75 ft. to 50 ft. should be one of the proposed amendments to the current Land Use Code. The change from "intended to regulate" to "which regulate" is suggested by the special counsel.

Proposed Amendment #3: To address shorefront issues: Decks built along the water

Current code:

Dock - A horizontal platform-type structure (including but not limited to a wharf, pier or similar structure), fixed or floating and/or removable, the principal use of which is the mooring of boats or other watercraft, for storing, loading or unloading.

Proposed Amendment:

Dock - Any horizontal platform-type structure (including but not limited to a wharf, pier or similar structure), fixed or floating and/or removable, on the shoreline, the principal, but not necessarily exclusive, use of which is the mooring of boats or other watercraft, for storing, loading or unloading.

Rationale: "Decks" have been built along the waterfront, which do not conform to the land use code restrictions for docks. The basic premise behind restricting dock and boathouse size is to preserve as much natural waterfront as possible. Under current code these decks are not restricted because they are not docks in the traditional currently defined sense, that is they are not being used for mooring of boats or other watercraft, for storing, loading or unloading.

Proposed Amendment #4: To address shorefront issues: Boathouse definition

Current code: Boathouse - A structure with direct access to a body of water (1) which is used for the storage of boats and associated equipment, and (2) which does not have bathroom or kitchen facilities and is not designed or used for lodging or residency. Revised code: Boathouse - A covered structure, with direct access from inside the boathouse, to a navigable body of water, (1) which is used only for the storage of boats and associated equipment. and (2) which does not contain any bathroom, kitchen facilities, living quarters, bedrooms, plumbing or heating.

Rationale: This updated definition is based on a recent ruling by the DEC on a boathouse application in the Town of Santa Clara. The proposed boathouse had a solid floor (no boat slips) and access to the water was across a deck on the front of the boathouse. It was boat storage shed rather than a traditional boathouse and could potentially be used for other than boat storage. The language specifying what the boathouse could not be used for was clarified in an attempt to eliminate any potential misunderstanding.

Proposed Amendment #5:

To address shorefront issues: Size of waterfront structures in relationship to waterfront.

Current code:

7.35 Boathouses, Wharf, Dock or Pier

For any waterfront lot, the dimension of any wharf, dock or pier along the shoreline (commonly referred to as the "width" of such wharf, dock or pier) shall not exceed 15% of the length of the shoreline of the lot measured along the mean high water line as determined by the APA and DEC. If DEC and APA have different mean high water marks or lines, the shoreline length shall be measured along the higher of such marks or lines. No dock, wharf or pier shall extend away from land more than 30 feet from the mean high water mark closest to such dock, wharf or pier. Total surface area of any dock, wharf or pier shall not exceed 500 sq. ft.

The covered area within a boathouse at water level (its "footprint") shall not exceed an area of 625 sq. ft. A boathouse shall be limited to one story. The maximum height of a boathouse shall be 15 feet, not including required railings, above the mean high water mark. The use of a boathouse shall be limited to the storage of boats, oars, personal flotation devices and similar equipment for boating.

A boathouse shall not contain any living quarters, bedroom, bathroom, kitchen facilities or plumbing.

C. In no event shall the combined areas of units in A and B above exceed 875 sq. ft. on any lot.

Proposed Amendment

7.35 Boathouses, Docks, Decks, Wharves and Piers for every waterfront lot

The maximum dimension of any individual boathouse, dock, deck, wharf or pier, or the total dimension of any combination of such structures, along the shoreline of the lot (such dimension being commonly referred to as the "width" of such boathouse, dock, deck wharf or pier in relation to the shoreline) shall not exceed 15% of the width of the shoreline of the lot. The width of the lot shall be as measured from lot sideline to lot sideline along the mean high water line, as such line is determined by the APA and/or DEC or in relation to any reference point(s) established by either or both of them. If DEC and APA have established different mean high water marks or lines for the subject body of water, the lot width shall be measured along the higher of such marks or lines. No boathouse, dock, deck, wharf or pier shall extend away from land more than 30 feet from the mean high water mark closest to such structure. Subject to the limitation in sub-section 7.35(C) below, the total surface area ("footprint") of any dock, deck wharf or pier shall not exceed 500 sq. ft. including the area of any openings or "slips" in which boats or other watercraft may be berthed.

Subject to the limitation in subsection 7.35(C) below, the covered area within a boathouse at water level (its "footprint") shall not exceed an area of 625 sq. ft., including the "slips" or floor openings in which boats or other watercraft are berthed. A boathouse shall be limited to one story. The maximum height of a boathouse shall be 15 feet, not including required railings, above the mean high water mark. The use of a boathouse shall be limited to the storage of boats, oars, personal flotation devices and similar equipment for boating.

A boathouse shall not contain any living quarters, bedroom, bathroom, kitchen facilities or plumbing. 


The combined surface area or "footprint" of any combination of boathouse, dock, deck, wharf or pier, including any "slips" or floor openings in which boats and/or other watercraft may be berthed) shall not exceed 875 sq. ft. on any lot. Rationale: The current code only specifies "wharf, dock, or pier along the shoreline" being restricted by 15% of the length of the shoreline. Additionally, the current code only specifies that "No dock, wharf, or pier shall extend away from land more than 30 feet from the mean high water mark closest to such dock, wharf, or pier," The basic premise behind restricting shoreline structures is to preserve as much natural waterfront as possible. Therefore, it seems that boathouses and decks should be included in any width and length considerations.

The word boathouse has been removed from Section 7.35A in the sentence below because boathouse size is addressed in Section 7.35 B. Section 7.35C addresses the combined area.

Subject to the limitation in sub-section 7.35(C) below, the total surface area ("footprint") of any boathouse, dock, deck, wharf or pier shall not exceed 500 sq. ft. including the area of any openings or "slips" in which boats or other watercraft may be berthed.

Proposed Amendment #6:

ADIRONDACK PARK LAND USE AND DEVELOPMENT PLAN MAP

Current code:
3.40 ADIRONDACK PARK LAND USE AND DEVELOPMENT PLAN MAP
The boundaries of the land use area established by the Official Adirondack Park Land Use and Development Plan Map, as may be from time to time amended, pursuant to Subdivision 2 of Section 805 of the Adirondack Park Agency Act, which relates to the Town of Santa Clara or indicated on the separate map entitled "The Town of Santa Clara Land Use Map" adopted by the Town Board on the same date as adoption of this code and which shall be considered incorporated in this code by reference. Any amendment of the boundaries within the Town of a land use area due to an amendment of the Official Adirondack Park Land Use and Development Plan Map pursuant to Subdivision 2 of Section 805 of the Adirondack Park Agency Act shall take effect for the purposes of this code concurrently with that amendment without further action by the Town of Santa Clara and the Town of Santa Clara Land Use Map shall be amendments in accordance with that amendment. The amendment provisions of Article X of this code do not apply to the Official Adirondack Park Land Use and Development Plan Map, which can be amended only pursuant to the provisions of the Adirondack Park Agency Act. Copies of the Official Adirondack Park Land Use and Development Plan, which may from time to time be published and distributed by the Adirondack Park Agency are accurate only as of the date of their printing and bear words to that effect.

Revised code:

Delete Section 3.4

Rationale: The highlighted portion of the Land Use Code would seem to indicate that the Adirondack Park Agency (APA) can amend the Land Use designations within the Town of Santa Clara. This would seem to negate the efforts of the Town to develop their own land use designations appropriate to the Town. Section 3.4 was originally included because there was the possibility that the Town of Santa Clara Land Use Code would be approved by the APA. Approval of the Town of Santa Clara Land Use Code by the APA is not necessary, although individuals must still comply with APA regulations in addition to the TSC Land Use Code. The Code Enforcement Officer usually imparts information about which regulations are in effect when a building permit is requested. All Site Plan Review Applications are issued with the caveat that they must comply with any APA or other agency regulations. Therefore this section can be eliminated.

Scottie Adams thanked the Town Planning Board for all the work that was put into this project. All changes were reviewed and approved by Mike Hill, Legal Counsel for the Town.

All those wishing to make oral or written comments having been heard, the Public Hearing was adjourned at 6:45 P.M. on the motion of Rick Lyon, seconded by Dave Perry. All members voting Aye. Motion carried.


Regular Monthly Meeting held at 7:00 P.M.

Monthly meeting called to order at 7 P.M. by Supervisor Webb.

Motion by Rick Lyon, seconded by John Murray to dispense with the reading of the minutes of the January and March 2019 meetings. All members voting Aye. Motion carried. Motion by Dave Perry, seconded by Rick Lyon to accept the minutes. All members voting Aye. Motion carried.

Resolution No 3 Local Law 01-2019 Land Use Code

On a motion by Rick Lyon seconded by John Murray the Board accepted and approved the five amendments to the Town of Santa Clara Land Use Code

ADOPTED Ayes 4 Webb, Lyon, Perry, Murray
Absent Kimpton
Nays 0

Resolution No 4 Sexual Harassment Policy

On a motion by John Murray, seconded by Dave Perry the Board adopted the flowing Sexual Harassment Policy

Introduction

The Town of Santa Clara is committed to maintaining a workplace free from sexual harassment. 
Sexual harassment is a form of workplace discrimination. All employees are required to work in a 
manner that prevents sexual harassment in the workplace. This Policy is one component of the Town 
of Santa Clara's commitment to a discrimination-free work environment. Sexual harassment is 
against the law' and all employees have a legal right to a workplace free from sexual harassment and 
employees are urged to report sexual harassment by filing a complaint internally with The Town of 
Santa Clara. Employees can also file a complaint with a government agency or in court under federal, 
state or local antidiscrimination laws.

Policy:

The Town of Santa Clara's policy applies to all employees, applicants for employment, interns, 
whether paid or unpaid, contractors and persons conducting business, regardless of 
immigration status, with The Town of Santa Clara. In the remainder of this document, the term 
"employees" refers to this collective group.

Sexual harassment will not be tolerated. Any employee or individual covered by this policy who 
engages in sexual harassment or retaliation will be subject to remedial and/or disciplinary 
action (e.g., counseling, suspension, termination).

Retaliation Prohibition: No person covered by this Policy shall be subject to adverse action 
because the employee reports an incident of sexual harassment, provides information, or 
otherwise assists in any investigation of a sexual harassment complaint. The Town of Santa 
Clara will not tolerate such retaliation against anyone who, in good faith, reports or provides 
information about suspected sexual harassment. Any employee of The Town of Santa Clara 
who retaliates against anyone involved in a sexual harassment investigation will be subjected 
to disciplinary action, up to and including termination. All employees, paid or unpaid interns, or 
non-employees" working in the workplace who believe they have been subject to such 
retaliation should inform a supervisor, manager, or Highway Superintendent and! or The Town 
Supervisor. All employees, paid or unpaid interns or non-employees who believe they have 
been a target of such retaliation may also seek relief in other available forums, as explained 
below in the section on Legal Protections.

1 While this policy specifically addresses sexual harassment, harassment because of and discrimination against persons of all protected classes is 
prohibited. In New York State, such classes include age, race, creed, color, national origin, sexual orientation, military status, sex, disability, marital 
status, domestic violence victim status, gender identity and criminal history.

2 A non-employee is someone who is (or is employed by) a contractor, subcontractor, vendor, consultant, or anyone providing services in the workplace. 
Protected non-employees include persons commonly referred to as independent contractors, "gig" workers and temporary workers. Also included are 
persons providing equipment repair, cleaning services or any other services provided pursuant to a contract with the employer.

Adoption of this policy does not constitute a conclusive defense to charges of unlawful sexual harassment. Each claim of sexual harassment will be 
determined in accordance with existing legal standards, with due consideration of the particular facts and circumstances of the claim, including but not 
limited to the existence of an effective anti-harassment policy and procedure.

Sexual harassment is offensive, is a violation of our policies, is unlawful, and may subject The 
Town of Santa Clara to liability for harm to targets of sexual harassment. Harassers may also 
be individually subject to liability. Employees of every level who engage in sexual harassment, 
including managers and supervisors who engage in sexual harassment or who allow such 
behavior to continue, will be penalized for such misconduct.

The Town of Santa Clara will conduct a prompt and thorough investigation that ensures due 
process for all parties, whenever management receives a complaint about sexual harassment, 
or otherwise knows of possible sexual harassment occurring. The Town of Santa Clara will 
keep the investigation confidential to the extent possible. Effective corrective action will be 
taken whenever sexual harassment is found to have occurred. All employees, including 
managers and supervisors, are required to cooperate with any internal investigation of sexual 
harassment.

All employees are encouraged to report any harassment or behaviors that violate this policy.

The Town of Santa Clara will provide all employees a complaint form for employees to report 
harassment and file complaints.

Managers and supervisors are required to report any complaint that they receive, or any 
harassment that they observe or become aware of, to The Town Supervisor or the Town Clerk

This policy applies to all employees, paid or unpaid interns, and non-employees and all must 
follow and uphold this policy. This policy must be provided to all employees and should be 
posted prominently in all work locations to the extent practicable (for example, in a main office, 
not an offsite work location) and be provided to employees upon hiring.

What Is "Sexual Harassment"?

Sexual harassment is a form of sex discrimination and is unlawful under federal, state and (where applicable)local law. Sexual harassment includes harassment on the basis of sex, sexual orientation,

Self-identified or perceived sex, gender expression, gender identity and the status of being 
transgender.

-

Sexual harassment includes unwelcome conduct which is either of a sexual nature, or which isdirected at an individual because of that individual's sex when:

- Such conduct is made either explicitly or implicitly a term of condition of employment; or

- Submission to or rejection of such conduct is used as the basis for employment decisions.

- affecting an individual's employment.

A sexually harassing hostile work environment includes, but is not limited to, words, signs, jokes, 
pranks, intimidation or physical violence which are of a sexual nature, or which are directed at an 
individual because of that individual's sex. Sexual harassment also consists of any unwanted verbal 
or physical advances, sexually explicit derogatory statements or sexually discriminatory remarks 
made by someone which are offensive or objectionable to the recipient, which cause the recipient 
discomfort or humiliation, which interfere with the recipient's job performance.

Sexual harassment also occurs when a person in authority tries to trade job benefits for sexual 
favors. This can include hiring, promotion, continued employment or any other terms, conditions or 
privileges of employment. This is also called "quid pro quo" harassment.

Any employee who feels harassed should report so that any violation of this policy can be corrected 
promptly. Any harassing conduct, even a single incident, can be addressed under this policy.

Examples of sexual harassment

The following describes some of the types of acts that may be unlawful sexual harassment and that 
are strictly prohibited:

Physical acts of a sexual nature, such as:

Touching, pinching, patting, kissing, hugging, grabbing, brushing against another 
employee's body or poking another employee's body;

Rape, sexual battery, molestation or attempts to commit these assaults.

Unwanted sexual advances or propositions, such as:

Requests for sexual favors accompanied by implied or overt threats concerning the 
target's job performance evaluation, a promotion or other job benefits or detriments;

Subtle or obvious pressure for unwelcome sexual activities.

- Sexually oriented gestures, noises, remarks or jokes, or comments about a person's sexuality 
or sexual experience, which create a hostile work environment.
- Sex stereotyping occurs when conduct or personality traits are considered inappropriate simply 
because they may not conform to other people's ideas or perceptions about how individuals of 
a particular sex should act or look.
- Sexual or discriminatory displays or publications anywhere in the workplace such as
- Displaying pictures, posters, calendars, graffiti, objects, promotional material, reading 
materials that are sexually demeaning or pornographic. This includes such sexual displays on workplace computers or cell phones and sharing such displays while in the workplace.

- Hostile actions taken against an individual because of that individual's sex, sexual orientation, gender identity and the status of being transgender, such as:
- Interfering with, destroying or damaging a person's workstation, tools or equipment, or otherwise interfering with the individual's ability to perform the job;
- Sabotaging an individual's work;
- Bullying, yelling, name-calling.

Who can be a target of sexual harassment?

Sexual harassment can occur between any individuals, regardless of their sex or gender. New York 
Law protects employees, paid or unpaid interns, and non-employees, including independent 
contractors, and those employed by companies contracting to provide services in the workplace. 
Harassers can be a superior, a subordinate, a coworker or anyone in the workplace including an 
independent contractor, contract worker, vendor, client, customer or visitor.

Where can sexual harassment occur?

Unlawful sexual harassment is not limited to the physical workplace itself. It can occur while 
employees are traveling for business or at employer sponsored events or parties. Calls, texts, emails, 
and social media usage by employees can constitute unlawful workplace harassment, even if they 
occur away from the workplace premises, on personal devices or during non-work hours.

Retaliation

Unlawful retaliation can be any action that could discourage a worker from coming forward to make or 
support a sexual harassment claim. Adverse action need not be job-related or occur in the workplace 
to constitute unlawful retaliation (e.g., threats of physical violence outside of work hours).

Such retaliation is unlawful under federal, state, and (where applicable) local law. The New York 
State Human Rights Law protects any individual who has engaged in "protected activity." Protected 
activity occurs when a person has:

- made a complaint of sexual harassment, either internally or with any anti-discrimination 
agency;
- testified or assisted in a proceeding involving sexual harassment under the Human Rights Law 
or other anti-discrimination law;
- opposed sexual harassment by making a verbal or informal complaint to management, or by 
simply informing a supervisor or manager of harassment;
- reported that another employee has been sexually harassed; or - encouraged a fellow employee to report harassment.

Even if the alleged harassment does not turn out to rise to the level of a violation of law, the individual 
is protected from retaliation if the person had a good faith belief that the practices were unlawful. 
However, the retaliation provision is not intended to protect persons making intentionally false 
charges of harassment.

Reporting Sexual Harassment

Preventing sexual harassment is everyone's responsibility. The Town of Santa Clara cannot 
prevent or remedy sexual harassment unless it knows about it. Any employee, paid or unpaid intern 
or non-employee who has been subjected to behavior that may constitute sexual harassment is 
encouraged to report such behavior to The Town Supervisor or the Town Clerk Anyone who 
witnesses or becomes aware of potential instances of sexual harassment should report such behavior 
to The Town Supervisor or the Town Clerk

Reports of sexual harassment may be made verbally or in writing. A form for submission of a written 
complaint is attached to this Policy, and all employees are encouraged to use this complaint form. 
Employees who are reporting sexual harassment on behalf of other employees should use the 
complaint form and note that it is on another employee's behalf.

Employees, paid or unpaid interns or non-employees who believe they have been a target of sexual 
harassment may also seek assistance in other available forums, as explained below in the section on 
Legal Protections.

retaliation.

Supervisory Responsibilities

All supervisors and managers who receive a complaint or information about suspected sexual 
harassment, observe what may be sexually harassing behavior or for any reason suspect that sexual 
harassment is occurring, are required to report such suspected sexual harassment to Town 
Supervisor or the Town Clerk

In addition to being subject to discipline if they engaged in sexually harassing conduct themselves, 
supervisors and managers will be subject to discipline for failing to report suspected sexual 
harassment or otherwise knowingly allowing sexual harassment to continue.

Supervisors and managers will also be subject to discipline for engaging in any retaliation.

Complaint and Investigation of Sexual Harassment

All complaints or information about sexual harassment will be investigated, whether that information 
was reported in verbal or written form. Investigations will be conducted in a timely manner, and will be 
confidential to the extent possible.

An investigation of any complaint, information or knowledge of suspected sexual harassment will be 
prompt and thorough, commenced immediately and completed as soon as possible. The investigation 
will be kept confidential to the extent possible. All persons involved, including complainants, 
witnesses and alleged harassers will be accorded due process, as outlined below, to protect their 
rights to a fair and impartial investigation.

Any employee may be required to cooperate as needed in an investigation of suspected sexual 
harassment. The Town of Santa Clara will not tolerate retaliation against employees who file

complaints, support another's complaint or participate in an investigation regarding a violation of this 
policy.

While the process may vary from case to case, investigations should be done in accordance with the 
following steps:

Upon receipt of complaint, The Town Supervisor or the Town Clerk will conduct an immediate 
review of the allegations, and take any interim actions (e.g., instructing the respondent to 
refrain from communications with the complainant), as appropriate. If complaint is verbal, 
encourage the individual to complete the "Complaint Form" in writing. If he or she refuses, 
prepare a Complaint Form based on the verbal reporting. If documents, emails or phone records are relevant to the investigation, take steps to obtain 
and preserve them.

Request and review all relevant documents, including all electronic communications. Interview all parties involved, including any relevant witnesses; Create a written documentation of the investigation (such as a letter, memo or email), which contains the following:

A list of all documents reviewed, along with a detailed summary of relevant documents; A list of names of those interviewed, along with a detailed summary of their statements; A timeline of events; A summary of prior relevant incidents, reported or unreported; and The basis for the decision and final resolution of the complaint, together with any 
corrective action(s).

Keep the written documentation and associated documents in a secure and confidential 
location. Promptly notify the individual who reported and the individual(s) about whom the complaint 
was made of the final determination and implement any corrective actions identified in the 
written document. Inform the individual who reported of the right to file a complaint or charge externally as 
outlined In the next section. Legal Protections And External Remedies Sexual harassment is not only prohibited by The Town of Santa Clara but is also prohibited by state 
federal, and, where applicable, local law.

In addition to those outlined below, employees in certain industries may have additional legal 
protections.

State Human Rights Law (HRL)

The Human Rights Law (HRL), codified as N.Y. Executive Law, art. 15, § 290 et seq., applies to all 
employers in New York State with regard to sexual harassment, and protects employees, paid or 
unpaid interns and non-employees, regardless of immigration status. A complaint alleging violation of 
the Human Rights Law may be filed either with the Division of Human Rights (DHR) or in New York 
State Supreme Court.

Complaints with DHR may be filed any time within one year of the harassment. If an individual did 
not file at DHR, they can sue directly in state court under the HRL, within three years of the alleged 
sexual harassment. An individual may not file with DHR if they have already filed a HRL complaint in 
state court.

Complaining internally to The Town of Santa Clara does not extend your time to file with DHR or in 
court. The one year or three years is counted from date of the most recent incident of harassment.

You do not need an attorney to file a complaint with DHR, and there is no cost to file with DHR.

DHR will investigate your complaint and determine whether there is probable cause to believe that 
sexual harassment has occurred. Probable cause cases are forwarded to a public hearing before an 
administrative law judge. If sexual harassment is found after a hearing, DHR has the power to award 
relief, which varies but may include requiring your employer to take action to stop the harassment, or 
redress the damage caused, including paying of monetary damages, attorney's fees and civil fines. DHR's main office contact information is: NYS Division of Human Rights, One Fordham Plaza, Fourth 
Floor, Bronx, New York 10458. You may call (718) 741-8400 or visit: www.dhr.ny.gov.

Contact DHR at (888) 392-3644 or visit dhr.ny.gov/complaint for more information about filing a 
complaint. The website has a complaint form that can be downloaded, filled out, notarized and mailed 
to DHR. The website also contains contact information for DHR's regional offices across New York 
State. Civil Rights Act of 1964

The United States Equal Employment Opportunity Commission (EEOC) enforces federal anti- 
discrimination laws, including Title VII of the 1964 federal Civil Rights Act (codified as 42 U.S.C. § 
2000e et seq.). An individual can file a complaint with the EEOC anytime within 300 days from the 
harassment. There is no cost to file a complaint with the EEOC. The EEOC will investigate the 
complaint, and determine whether there is reasonable cause to believe that discrimination has 
occurred, at which point the EEOC will issue a Right to Sue letter permitting the individual to file a 
complaint in federal court.

The EEOC does not hold hearings or award relief, but may take other action including pursuing cases 
in federal court on behalf of complaining parties. Federal courts may award remedies if discrimination 
is found to have occurred. In general, private employers must have at least 15 employees to come 
within the jurisdiction of the EEOC.

An employee alleging discrimination at work can file a "Charge of Discrimination." The EEOC has 
district, area, and field offices where complaints can be filed. Contact the EEOC by calling 1-800-669- 
4000 (TTY: 1-800-669-6820), visiting their website at www.eeoc.gov or via email at info@eeoc.gov.

If an individual filed an administrative complaint with DHR, DHR will file the complaint with the EEOC 
to preserve the right to proceed in federal court. Local Protections

Many localities enforce laws protecting individuals from sexual harassment and discrimination. An 
individual should contact the county, city or town in which they live to find out if such a law exists. For 
example, employees who work in New York City may file complaints of sexual harassment with the 
New York City Commission on Human Rights. Contact their main office at Law Enforcement Bureau 
of the NYC Commission on Human Rights, 40 Rector Street, 10th Floor, New York, New York; call 
311 or (212) 306-7450; or visit www.nyc.gov/htmllcchr/htmllhome/home.shtml.

Contact the Local Police Department

If the harassment involves unwanted physical touching, coerced physical confinement or coerced sex 
acts, the conduct may constitute a crime. Contact the local police department.

Adopted - Ayes 4 - Webb, Lyon, Perry, Murray
Absent - Kimpton
Nays 0

Resolution No 5 Work Place Violence Prevention Policy

On a motion by Rick Lyon, seconded by Dave Perry the Board adopted the flowing Work Place Violence Prevention Policy

Town of Santa Clara is committed to the safety and security of our employees. Workplace violence presents a serious occupational safety hazard to our agency, staff, and clients.

Town of Santa Clara is committed to the safety and security of our employees. Workplace violence 
presents a serious occupational safety hazard to our agency, staff, and clients. Workplace Violence is defined as any physical assault or act of aggressive behavior occurring where a 
public employee performs any work-related duty in the course of his or her employment including but 
not limited to:

• an attempt or threat, whether verbal or physical, to inflict physical injury upon an employee;


• any intentional display of force which Would give an employee reason to fear or expect bodily 
harm:


• intentional and wrongful physical contact with a person without his or her consent that entails 
some injury


• or stalking an employee with the intent of causing fear of material harm to the physical safety 
and health of such employee when such stalking has arisen through and in the course of 
employment.

Acts of violence against any of our employees where any work related duty is performed will be 
thoroughly investigated and appropriate action will be taken, including involving law 
enforcement authorities when warranted. All employees are responsible for helping to create an 
environment of mutual respect for each other as well as clients and Visitors, following all policies, 
procedures and practices, and for assisting in maintaining a safe and secure work environment.

This policy is designed to meet the requirements of New Yolk State Labor Law Art. 2 §27-b and 
highlights some of the elements that are found within our Workplace Violence Prevention Program. 
The process involved in complying with this law includes a workplace evaluation that is designed to 
identify the risks of workplace violence to which our employees could be exposed. Authorized 
Employee Representatives, listed below, will, at a minimum, be involved in:

• evaluating the physical environment;


• developing the Workplace Violence Prevention Program; and


• reviewing workplace violence incident reports at least annually to identify trends in the types of incidents reported, if any, and reviewing the effectiveness of the mitigating actions taken.

All employees will participate in the annual Workplace Violence Prevention Training Program. The goal of this policy is to promote the safety and well-being of all people in our workplace. All incidents of violence or threatening behavior will be responded to immediately upon notification. All personnel are responsible for notifying the contact person designated below of any violent incidents, threatening behavior, including threats they have witnessed, received, or have been told that another person has witnessed or received.

Town Supervisor and /or The Town Clerk and/or the Highway Superintendent
Phone:518-354-8477. E-mail (Town Supervisor)noniemick@roadrunner.com
(Town Clerk) sctownclerk@centralny.twcbc.com
(Highway Superintendent) 518-891-1919 .

Adopted - Ayes 4 - Webb, Lyon, Perry, Murray
Absent - Kimpton
Nays 0

Cold Storage Building for Highway Department – The Adirondack Park Agency permit has been completed and accepted by the APA. There is a comment period that ends April 18, 2019. Once that comment period is over the APA will inform the Town when construction of the storage building can begin.

Good of the Town

Highway Superintendent LaMay advised the Board that the Town roads have been posted as of 3/28/19 for vehicles weighing over 6 ton, which is done every spring. The overhead garage doors in the highway building have been inspected by the door company to see if they should be replaced. The report indicated the doors are in great shape but advised that they need to be serviced, have new springs and updated door openers. The Board advised Scott LaMay to have the work done. The Highway department is removing the plows from the big trucks and making any necessary repairs to the plows and trucks.

Regular Board meeting for May 2019 will be changed from May 9th to May 16, 2019.

Resolution No 6 Shared Highway Services On a motion by Rick Lyon, seconded by Dave Perry the Board authorized the Town Supervisor to sign a contract for shared highway services for the maximum number of years on behalf of the Town.

Adopted - Ayes 4 - Webb, Lyon, Perry, Murray
Absent - Kimpton
Nays 0

General Fund vouchers No. 83 to 99 in the amount of $3,766.78 and Highway Fund vouchers No. 19 to 27 in the amount of $11,701.96 were audited by the Board. Motion by Rick Lyon seconded by John Murray to approve vouchers and pay audited vouchers. All members voting Aye. Motion carried.

Adjournment

Motion to adjourn at 7:21 P.M. made by Dave Perry, seconded by Rick Lyon. All members voting Aye. Motion carried.

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Town Of Santa Clara
5359 State Route 30  ·  Saranac Lake, NY 12983
Phone: 518-354-8477  ·  Email: info@townofsantaclara.com
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