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HomeMy WebLinkAbout2023-09-14TB 9-14-23 Page 1 of 10 TOWN OF DRYDEN TOWN BOARD MEETING September 14, 2023 Zoom Hybrid Present: Supervisor Jason Leifer, Cl Daniel Lamb, Cl Leonardo Vargas- Mendez, Cl Christina Dravis Absent: Cl Spring Buck Elected Officials: Bambi L. Avery, Town Clerk Rick Young, Highway/DPW Superintendent Other Town Staff: Amanda Anderson, Bookkeeper Ray Burger, Planning Director Chris O’Connor, Fire Coordinator Cassie Byrnes, Secretary to the Supervisor Financials & Human Resources RESOLUTION #148 (2023) – APPROVE ABSTRACT Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves Abstract #9, as audited, general vouchers #806 through #918 ($1,192,549.47) and TA vouchers #92 through #99 ($40,058.55), totaling $1,212,608.02. 2nd Cl Vargas-Mendez Roll Call Vote Cl Vargas-Mendez Yes Cl Dravis Yes Cl Lamb Yes Supv Leifer Yes PUBLIC HEARING Public Interest Order Capital Improvements for the Ithaca Area Wastewater Treatment Facility The Ithaca Area Wastewater Treatment Facility needs a series of improvements that includes eight different components, including air source heat pumps and a new roof on the admin building; the main component is the fourth phase of the boiler replacement project. There is also a sluice gate and other capital improvements at the plant needing attention. The total cost is $3,243,846.00. They will be applying for a NYSEG $200,000 incentive for the air source heat pump work and some ARPA funds will be used by the city. There were no comments and the hearing was left open at 6:08 p.m. PRESENTATION OF 2022 AUDIT FINDINGS BY INSERO Matthew Ball, Evan Cleveland and Sarah Buckley of Insero & Co., Certified Public Accountants, presented the 2022 annual audit of the Town’s finances, thanked town staff for TB 9-14-23 Page 2 of 10 their cooperation and reviewed the executive summary. No material weaknesses or significant deficiencies were noted. HIGHWAY/DPW SUPERINTENDENT Highway Superintendent Rick Young reported there was a mishap with one of the trucks. There was no one injured and no one was at fault. It was an older truck and the insurance company will be sending the town $186,016 for it. The town will purchase the truck back for $11,000 and try to fix it as best they can and find an appropriate use for it. Department work continues with paving, cleaning, and brush hogging. He will have information on a truck purchase next week. DPW has been prepping for installation of distance markers on the rail trail. There was an inquiry about tree removal off of Fall Creek Road near a trestle. DEC was contacted and the property owner was questioned. The Dryden Caroline Snowmobile Club is interested in taking the old Red Mill Road bridge. Cl Lamb said they will need to sign an MOU and he will contact the appropriate office to initiate that process. FIRE COORDINATOR Chris O’Connor said he has been keeping the board involved and advised of his activities via email. The plan for budget season is for each department to come separately to discuss their budget request with the board. The SAFER grant that was awarded will be administered as a reimbursement grant. C O’Connor will take care of it with guidance from FEMA. Funds will be held by WB Strong Fire Department. Varna will be responsible for administering the grant that they received separately. COUNTY BRIEFING Mike Lane reported the county is about to start its expanded budget committee sessions (6 or 8) to review all the department requests for funding. They expect a tough budget season with the Medicaid shift from the state to the county. Money has been received from the opiate settlements and the committee has recommended disbursement of that to different organizations to help with the issues of drug addiction and recovery. The county attorney has resigned and they will do a national search for a new county attorney. They are looking for someone with municipal legal experience. The legislature has now authorized the sale of what is being referred to as the red house in the 400 block of North Tioga Street. There has been some interest in it, but they will be consulting a realtor for recommendations. The buildings at the corner of Tioga and Buffalo Streets will be torn down and the county administrator will hire architects or engineers to design a new county office building. That is expected to cost about forty million dollars. The legislature has discussed needed renovations to the public safety building, particularly for program space at the jail, and the possibility of adding pods, which would be a different way to house and more effectively manage the inmate population. Renovations are also needed in the central arraignment facility. That is another large expense, and M Lane said he doesn’t know if the county has the capacity to move forward with both. There is division on the legislation about which project should move forward. Warren Road has been repaved. TB 9-14-23 Page 3 of 10 Cl Leifer said the town’s engineers are planning on bidding on the county funded broadband buildout for Dryden addresses and would like to help with some addresses in Caroline. M Lane reported that TC3 enrollment is up about 13% due in part to the micro- credential programs that are now offered. Those programs will count toward a degree should participants wish to pursue that. Discussion/Action Items Discrimination & Harassment Policy – NYS Department of Human Rights has issued new requirements for discrimination and harassment policies. The town’s policy needed updating and our insurance provider provided that update. Board members have received the updated policy, with additional/new language highlighted. The mandatory training for employees and board members takes the new requirements into account. Resolution #149 (2023) - Update Town Discrimination and Harassment Policy Supv Leifer offered the following resolution and asked for its adoption: Whereas, the NYS Department of Human Rights (NYSDHR) updated their requirements of language to be included in a discrimination and harassment policy in June 2023. Whereas, the Town’s insurance provider, NYMIR, added the new language to their model polic y to follow NYSDHR new requirements. Whereas, the Town’s policy, based on NYMIR’s model policy, adopted July 16, 2020, Resolution #98 (2020), needed additional language (highlighted in attached policy) added to comply with the new NYSDHR requirements. RESOLVED, that this Town Board hereby approves the updated Discrimination and Harassment Policy, and the revised policy will replace the prior policy that was passed on July 16, 2020. 2nd Cl Vargas-Mendez Roll Call Vote Cl Vargas-Mendez Yes Cl Dravis Yes Cl Lamb Yes Supv Leifer Yes Dryden Fiber Purchases Resolution #150 (2023) - Approve Purchase of Generator for Dryden Fiber Central Hut Supv Leifer offered the following resolution and asked for its adoption: Whereas, Dryden Fiber’s Central Hut, located next to the Highway office, requires a generator to ensure continuity of service during a power interruption. Whereas, quotes for the necessary equipment and installation were obtained from Schuler - Haas Electric, John Mills Electric, and Billitier Electric. Whereas, the quote from John Mills Electric had the lowest price, shortest lead time to get the equipment, and provided vendor certified electricians for the installation. TB 9-14-23 Page 4 of 10 Therefore, be it resolved, that the Board approves the quote from John Mills Electric for the purchase and installation of the Dryden Fiber Central Hut generator, dated July 25, 2023, for $25,890.00. 2nd Cl Lamb Roll Call Vote Cl Vargas-Mendez Yes Cl Dravis Yes Cl Lamb Yes Supv Leifer Yes Resolution #151 - (2023) Approve Purchase of Materials for Dryden Fiber Supv Leifer offered the following resolution and asked for its adoption: Whereas, to continue to build the Dryden Fiber network, more materials need to be purchased from our supplier, Graybar. Therefore, be it resolved that the Board approves the purchase of a variety of materials for Kirk Rd work from Graybar for $46,972.42 as listed in Quote #0244257017 dated September 6, 2023. Therefore, be it resolved that the Board approves the purchase of a variety of materials for Freeville Underground work from Graybar for $18,895.68 as listed in Quote #02442597270 dated September 6, 2023. Therefore, be it resolved that the Board approves the purchase of a variety of materials for South Backbone work from Graybar for $13,169.95 as listed in Quote #0244258471 Rev -1 dated September 7, 2023. 2nd Cl Lamb Roll Call Vote Cl Vargas-Mendez Yes Cl Dravis Yes Cl Lamb Yes Supv Leifer Yes Appointments for Purposes of CDBG Hanshaw Road MHP Project Supv Leifer explained the following appointments are necessary for our federal grants for water and sewer projects in Varna that Jay Grasso of G & G Consulting has been working on. RESOLUTION #152 (2023) – APPOINT SECTION 3 COORDINATOR Supv Leifer offered the following resolution and asked for its adoption: WHEREAS, the Town of Dryden needs to appoint a Section 3 Coordinator for community development programs in order to carry out all local town obligations relating to items that fall under Section 3, therefore be it RESOLVED, that this Town Board hereby appoints Jay Grasso of G & G Municipal Consulting as the Section 3 Coordinator. 2nd Cl Lamb Roll Call Vote Cl Vargas-Mendez Yes TB 9-14-23 Page 5 of 10 Cl Dravis Yes Cl Lamb Yes Supv Leifer Yes RESOLUTION #153 (2023) – APPOINT LABOR STANDARDS COMPLIANCE OFFICER Supv Leifer offered the following resolution and asked for its adoption: WHEREAS, the Town of Dryden needs to appoint a Labor Standards Compliance Officer for community development programs in order to carry out all local town obligations relating to Labor Standards Compliance, therefore, be it RESOLVED, that this Town Board hereby appoints Donald M. Harner of TG Miller PC as Labor Standards Compliance Officer. 2nd Cl Lamb Roll Call Vote Cl Vargas-Mendez Yes Cl Dravis Yes Cl Lamb Yes Supv Leifer Yes 1061 Dryden Road – Planned Unit Development Introduction of Proposed Amendment Ray Burger explained this project was originally approved in 2017 and the original owner was not able to build out the project. There is a new owner, Park Grove Realty, who is applying for some amendments to the original PUD. There will be an introduction tonight and the applicant would like a public hearing scheduled for the October 19 meeting. Present are Ryan Jordaens and Ryan Abruzzo of Marathon Engineering and Tim Crilly of Park Grove Realty. Tim Crilly said Park Grove Realty developed and manages several properties in Tompkins County, including the project on Bomax Drive built two years ago in Lansing. They are familiar with the area and have made a lot of investment in the area and are proud of their footprint. They purchased this site from Gary Sloan. It was not an ideal design in their opinion. They like a more spacious, efficient use of space in their units. What they learned when pricing the original design was that it just wasn’t feasible and could n’t be built and be successful. When evaluating the site, they decided to go with their ten-plex as an alternate design (what was used on Bomax). It has a lot of benefits and upgrades over the previous design. It is a town home type project. Each unit has a driveway, garage, and patio or balcony. They use very high-end amenities and finishes for each of the units. Ryan Jordaens of Marathon Engineering said parking is more centralized to each unit, especially in the three-plex area where they have their own parking areas. The ten-plex is more out front or on the sides of each unit. The stormwater is in a more centralized location in a lower corner. There is a 1,2000 sq foot recreational area in the upper corner near the bioretention area. Everything will be more or less fenced in with plantings and trees and they will keep street trees along the main drive entrance. It is overall a better design. It is a more welcoming town home feel as opposed to apartment units. They also have a walking path to the rail trail. He noted the slope is just a hair under 5% which meets ADA standards. TB 9-14-23 Page 6 of 10 Other benefits include meeting the stretch code. They will be all electric and will be green building certified. They feel it is an improvement over the previous plan from site and design standpoints. The original plan was for 90 beds and this will be 82. Cl Lamb asked that there be a trash receptacle on the path to the rail trail. They are hoping to break ground on the project in October and are talking to NYSEG now to be sure they are able to move forward. Based on discussions to date, they do not anticipate any problems. Based on their experience in the Bomax project, they anticipate residents to be 25% young professionals, 25% retirees, and the rest working family age. Rents are expected to be $2,000-$2,100 for one bedroom, $2,500 for 2 bedrooms, and $2,750 for 3 -bedroom units. The hearing on this matter was set for October 19, 2023, at 6:05 pm. Phase 3 Proposal from Hunt Engineers Board members have reviewed this proposal that covers the third phase of the Dryden Fiber project. The anticipated schedule is for work scheduled through April 2025 at a total cost of $240,000, plus disbursements, invoiced quarterly. RESOLUTION #154 (2023) – APPROVE AGREEMENT WITH HUNT ENGINEERS FOR PHASE THREE OF DRYDEN FIBER PROJECT Supv Leifer offered the following resolution and asked for its approval: RESOLVED, that this Town Board hereby approves the proposed agreement with Hunt Engineers dated September 5, 2023, for services in connection with Phase 3 of the Dryden Fiber Project through April 2025 at a cost not to exceed $240,000 plus disbursements, and the Town Supervisor is hereby authorized to execute the same. 2nd Cl Lamb Roll Call Vote Cl Vargas-Mendez Yes Cl Dravis Yes Cl Lamb Yes Supv Leifer Yes Support for Village of Dryden NY Forward Application The Village of Dryden is applying again this year for NY Forward funding and has asked for the Town’s support. Supv Leifer will also send a letter of support to the mayor. RESOLUTION #155 (2023) – SUPPORT FOR NY FORWARD APPLICATION BY VILLAGE OF DRYDEN Cl Dravis offered the following resolution and asked for its adoption: Whereas, the Village of Dryden in partnership with the Dryden Downtown Business Association is applying for a grant under the NY Forward Program; and Whereas, the NY Forward Program is intended to invigorate and enliven downtown areas in small and rural communities; and TB 9-14-23 Page 7 of 10 Whereas, the Village of Dryden seeks grant funds to revitalize the downtown area with a mix of better residential spaces that will attract more visitors and businesses, capitalize, and improve on the walkability, create event and meeting spaces, and to build a better connection to the valuable resources of Tompkins Cortland Community College. Whereas, the Town Board of the Town of Dryden supports the Village of Dryden in its efforts to revitalize the downtown corridor of the Village of Dryden; therefore, be it Resolved, that the Town Board of the Town of Dryden supports the Village of Dryden Trustees in their application for a NY Forward Grant to assist in the downtown revitalization efforts of the Village of Dryden. 2nd Cl Vargas-Mendez Roll Call Vote Cl Vargas-Mendez Yes Cl Dravis Yes Cl Lamb Yes Supv Leifer Yes Cl Vargas-Mendez, Chair of the Workforce & Affordable Housing Committee, will also provide a letter of support. Supv Leifer closed the public hearing at 7:19 p.m. RESOLUTION #156 (2023) – ADOPT PUBLIC INTEREST ORDER IAWWTF CAPITAL IMPROVEMENTS FOR ADDITIONAL BOILER REPLACEMENT AND FACILITY IMPROVEMENTS Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that Dryden Town Board hereby adopts the following Public Interest Order: In the Matter of the Proposed Boiler Replacement Project Pursuant to Town Law §202-b for the Wastewater Treatment Plant in the City of Ithaca serving the Town of Dryden known as the Additional Boiler Replacement and Facility Improvements PUBLIC INTEREST ORDER WHEREAS, on July 21, 2023, the Special Joint Committee (SJC) resolved to recommend, pursuant to Town Law § 202-b, that the City of Ithaca, Town of Ithaca and Town of Dryden (Owners), authorize and construct at their jointly owned and management wastewater treatment facility known as the Ithaca Wastewater Treatment Facility (IAWWTF), located in the City of Ithaca, a project known as Capital Project 423J Additional Boiler Replacement and Facility Improvements, in an amount not to exceed $3,243,846.00 (Capital Project), such improvements to be constructed and owned by Owners, and WHEREAS, the SJC thereby recommended authorization of this project contingent upon action by Owners committing their percentage of reimbursement shares to the Joint Activity Fund allocated per the Joint Sewer Agreement as follows: Municipality Percentage Project Cost TB 9-14-23 Page 8 of 10 City of Ithaca 57.14 $1,853,533.60 Town of Ithaca 40.88 $1,326,084.24 Town of Dryden 1.98 $64,228.15 ============= TOTAL: $3,243,846.00 WHEREAS, Cody Stevens and Steve Cartwright, of John W. Danforth, and Terry Watters, of Encompass Group, have prepared a plan and report in such manner and detail as required by the Town Board of the Town of Dryden, Tompkins County, New York, about the Capital Project, which provides wastewater treatment services for portions of the Town’s Consolidated Sewer Districts; and WHEREAS, said plan and report are on file in the office of the Town Clerk, where they are available for public inspection, and WHEREAS, the maximum proposed to be expended for the improvements is $3,243,846.00 of which Town of Dryden’s share is $64,228.15, with the proposed method of payment being that the Town will reimburse the City of Ithaca for the former’s share pursuant to a contract between the Town and the City of Ithaca. The Town will not issue or co -issue any bonds but pay its share of expenses from sewer rents and charges from the Consolidated Sewer District, and WHEREAS, the Town Board of the Town of Dryden adopted an Order on August 17, 2023 calling a public hearing upon said plan and report and the question of providing said Capital Project, and the question of executing any related agreement, and to hear all persons interested in the subject thereof, all in accordance with the provisions of Town Law §202-b and applicable provisions of the General Municipal Law and Local Finance Law, and WHEREAS, the Town Clerk of the Town of Dryden, Tompkins, County, New York, caused a copy of the said order to be published once in the official newspaper of the Town, and also posted a copy thereof on the Town signboard maintained by the Clerk, not less than ten (10) nor more than twenty (20) days before the day designated for the hearing as aforesaid; WHEREAS, said public hearing was duly held on September 14, 2023 at the time and in the manner set forth in said Order and all persons interested in the subject thereof were heard concerning the same, and WHEREAS, the Capital Project has heretofore been determined to be a "Type II Action" pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, the implementation of which as proposed, the Town Board has determined, will not require any environmental review for the following reasons: the Capital Project includes the purchase of equipment; replacement in kind of facilities on the same site; maintenance or repair involving no substantial changes in an existing structure or facility; and construction of accessory/appurtenant non-residential structures or facilities involving less than 4,000 square feet of gross f loor area and not involving a change in zoning or a use variance and consistent with local land use controls; and WHEREAS, it is now desired to authorize the Capital Project to be known as IAWWTF Capital Project 423J Additional Boiler Replacement and Facility Improvements; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Dryden, Tompkins County, New York, as follows: Section 1. It is hereby determined that it is in the public interest to make the Capital Project hereinafter described and such improvement is hereby authorized. TB 9-14-23 Page 9 of 10 Section 2. The maximum proposed cost to be expended for the Capital Project is $3,243,846.00 of which Town of Dryden’s share is $64,228.15, with the proposed method of payment being that the Town will reimburse the City of Ithaca for the former’s share pursuant to a contract between the Town and the City of Ithaca. The Town will not issue or co -issue any bonds but pay its share of expenses from sewer rents and charges from the Consolidated Sewer District. Section 3. That this Order is subject to a permissive referendum in the manner provided in Town Law Article 7 and Town Law Section 209-q. Section 4. That the permission of the State Comptroller is not required because the Town of Dryden does not propose to finance the cost of the Capital Project by the issuance of bonds, notes, certificates, or other evidences of indebtedness of the Town. Section 5. That pursuant to subdivision 6(d) of Section 209-q of the Town Law, the Town Clerk is hereby directed and ordered to cause a certified copy of this Order to be duly recorded in the Office of the Clerk of the County of Tompkins within ten days of the da te this Order becomes effective pursuant to Town Law Section 91, which when so recorded, shall be presumptive evidence of the regularity of the proceedings and action taken by the Town Board in relation to the aforesaid Capital Project. Section 6. This order shall take effect immediately. 2nd Cl Vargas-Mendez Roll Call Vote Cl Vargas-Mendez Yes Cl Dravis Yes Cl Lamb Yes Supv Leifer Yes There is also an agreement to be approved whereby BlocPower, LLC will apply for a NYSEG/RG&E economic incentive in the amount of $200,000 to help cover some of the expenses in necessary repairs to the sewer treatment facility. RESOLUTION #157 (2023) – Approval of Agreement with BlocPower, LLC to Apply for NYSEG Economic Development Incentives for Air Source Heat Pump Project at the Ithaca Area Wastewater Treatment Facility Supv Leifer offered the following resolution and asked for its adoption: Whereas, the three municipal owners of the Ithaca Area Wastewater Treatment Facility (City of Ithaca, Town of Ithaca, and Town of Dryden, collectively referred to as “Municipal Owners”) are considering approval of the installation of two new variable refrigerant flow air source heat pump systems in the Administration building at the Ithaca Area Wastewater Treatment Facility (“IAWWTF”), and Whereas, the City of Ithaca, on behalf of the Municipal Owners, plans to apply for a $200,000 economic development incentive for the heat pump project from a NYSEG/RG&E economic development incentive program, and Whereas, City staff recommends that the Municipal Owners use BlocPower, LLC to assist the City in its application, now, therefore be it Resolved, that the Dryden Town Board approves the use of BlocPower, LLC to assist the City of Ithaca in its application on behalf of the Municipal Owners, and authorizes the Mayor of the TB 9-14-23 Page 10 of 10 City of Ithaca to sign a letter agreement with BlocPower, LLC for its services, subject to the approval of the Attorney for the Town, and be it further Resolved, that the net economic development incentive received by the City be deposited into the City of Ithaca Joint Activity Fund for IAWWTF expenditures. 2nd Cl Lamb Roll Call Vote Cl Vargas-Mendez Yes Cl Dravis Yes Cl Lamb Yes Supv Leifer Yes Rail Trail Logo – There was discussion about the Town of Hector using a logo very similar to Dryden’s for their rail trail and whether the town should copyright or trademark its logo. Their logo is being used on the Town of Hector web page and on FaceBook. A complaint has been made to FaceBook. Supv Leifer will contact the Hector Town Supervisor. There being no further business, the meeting was adjourned at 7:30 p.m. Respectfully submitted, Bambi L. Avery Town Clerk   1 TOWN OF DRYDEN POLICY AGAINST DISCRIMINATION AND HARASSMENT SECTION 1: PURPOSE A. Scope of Policy B. Policy Objectives SECTION 2: DEFINITIONS SECTION 3: POLICY SECTION 4: POLICY ENFORCEMENT A. Complaint Procedure for Employees 1. Notification Procedure 2. Making a Complaint 3. Supervisory Responsibilities 4. Bystander Intervention B. Time for Reporting a Complaint C. Confidentiality and Privacy D. Acknowledgment of Complaint SECTION 5: INVESTIGATION PROCEDURES A. Timing of Investigations B. Method of Investigation C. Notification to Complaining Party and the Accused Party D. Remedial Measures SECTION 6: PROHIBITION AGAINST RETALIATION AND ABUSE OF THE POLICY SECTION 7: APPEALS SECTION 8: RECORD KEEPING SECTION 9: LEGAL PROTECTIONS AND EXTERNAL REMEDIES SECTION 10: QUESTIONS SECTION 11: COMPLIANCE OFFICERS SECTION 12: EFFECTIVE DATE AND POLICY DISSEMINATION   2 SECTION 1: PURPOSE Town of Dryden believes in the dignity of the individual and recognizes the rights of all people to equal employment opportunities in the workplace. In this regard, the Town of Dryden, (hereinafter “Municipality”), is committed to a policy of protecting and safeguarding the rights and opportunities of all people to seek, obtain and hold employment without subjugation to harassment or discrimination in the workplace. It is the Municipality’s policy to provide an employment environment free from harassment and discrimination based on race, color, gender, religion, religious creed, sex, familial or marital status, age, national origin or ancestry, physical or mental disability, genetic information/predisposition or carrier status, military or veteran status, sexual orientation, self-identified or perceived sex, gender expression, gender identity and the status of being transgender, pregnancy (including childbirth and related medical conditions, and including medical conditions related to lactation) citizenship, prior arrest or conviction record, domestic violence victim status or any other characteristics protected by applicable federal, state or local law. A. Scope of Policy This Policy applies to all Municipality employees and all personnel in a contractual or other business relationship with the Municipality including, for example, applicants, temporary or leased employees, interns (whether paid or unpaid), volunteers, visitors, independent contractors, contractors, subcontractors, vendors, consultants or other persons providing services pursuant to a contract in the workplace, including employees of independent contractors, contractors, subcontractors, vendors, consultants or others providing services pursuant to a contract in the workplace. In the remainder of this Policy, the term “employees” refers to this collective group. This Policy applies with equal force on Municipality property as it does at Municipality-sponsored events, programs, and activities that take place off Municipality premises. B. Policy Objectives By adopting and publishing this Policy, it is the intention of the Municipality’s governing body to: (1) Notify employees about the types of conduct that constitute harassment and discrimination prohibited by this Policy; (2) Inform employees about the complaint and investigation procedures established by the Municipality that enable any employee who believes (s)he is the victim of harassment or discrimination to submit a complaint which will be investigated by the Municipality; (3) Clearly advise all supervisory staff, managers, and employees that harassment, discrimination and retaliation is strictly prohibited and no such person possesses the authority to harass or discriminate; and (4) Notify all employees that the Municipality has appointed Compliance Officers who are specifically designated to receive complaints and ensure compliance with this Policy.   3 NOTE: The names and office location of each Compliance Officer designated to receive and investigate complaints are listed below in Section 11 of this Policy. Any change in the designated Compliance Officers shall be distributed in writing to all current employees and shall be posted. SECTION 2: DEFINITIONS “Prohibited Discrimination of Employees” Prohibited discrimination of employees can take the form of any adverse employment action against an employee, by either a Municipality employee or official or a third party engaged in activities sponsored by the Municipality which is based upon the employee’s protected characteristic. Prohibited discrimination of employees also includes harassment based on a protected characteristic even where there is no tangible impact upon the employee’s employment opportunities and/or employment benefits. The phrase “prohibited discrimination” as used in this Policy includes all forms of prohibited discrimination and harassment based on a protected characteristic, including “Sexual Harassment” as defined below. “Harassment” Harassment is strictly prohibited and includes, but is not limited to, any conduct that is unwelcome and that subjects an employee to inferior terms, conditions, or privileges of employment because of an individual’s membership in one or more of the protected categories. Harassment does not have to be severe or pervasive to be illegal or violate this policy. It can be any harassing behavior that rises above petty slights or trivial inconveniences. Such harassment of employees is prohibited by this Policy if it is based on a protected characteristic or directed at an individual because of a protected characteristic. In this regard, individuals subject to this Policy should be mindful that conduct or behavior that is acceptable, amusing or inoffensive to some individuals may be viewed as unwelcome, abusive or offensive to others. “Sexual Harassment” Sexual harassment is strictly prohibited. It 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. Understanding gender diversity is essential to recognizing sexual harassment because discrimination based on sex stereotypes, gender expression and perceived identity are all forms of sexual harassment. The gender spectrum is nuanced, but the three most common ways people identify are cisgender, transgender, and non-binary. A cisgender person is someone whose gender aligns with the sex they were assigned at birth. Generally, this gender will align with the binary of male or female. A transgender person is someone whose gender is different than the sex they were assigned at birth. A non-binary person does not identify exclusively as a man or a woman. They might identify as both, somewhere in between, or   4 completely outside the gender binary. Some may identify as transgender, but not all do. Sexual harassment includes unwelcome conduct which is either of a sexual nature, or which is directed at an individual because of that individual’s sex when: (1) Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment; (2) Submission to, or rejection of, such conduct by an individual is used as the basis for employment decisions affecting such individual (e.g., promotion, transfer, demotion, termination); or (3) Such gender-based conduct has the purpose or effect of subjecting an employee to inferior terms, conditions, or privileges of employment, even if the reporting individual is not the intended target of the sexual harassment. The foregoing includes offensive comments, jokes, innuendoes or other statements of a sexual or gender-based nature as well as favoritism between a supervisor and subordinate based on an intimate/sexual relationship or desire for the same. Who can be the target of harassment? Harassment can occur between any individuals, regardless of their sex, gender or other protected status. 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 harassment occur? Unlawful harassment is not limited to the physical workplace itself. It can occur while employees are working remotely, traveling for business or at employer sponsored events or parties. Harassment can occur on virtual meeting platforms, in messaging apps, and between personal cell phones. 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. “Prohibited Behavior and Examples of Harassment, including Sexual Harassment” Specific forms of behavior the Municipality considers harassment or sexual harassment are set forth below. Every conceivable example cannot be delineated herein, and thus the descriptions below are examples and should not be interpreted in any way as being all- inclusive. o Verbal: Abusive verbal language including jokes, comments, teasing or threats related to an employee’s protected characteristic, sexual activity and/or body parts whether or not said in that person’s presence including, but not limited to: sexual innuendos; slurs;   5 suggestive, derogatory, or insulting comments or sounds; whistling; jokes; propositions; threats; comments on a person’s appearance that make the person feel uncomfortable because of his or her protected characteristic; sex stereotyping; continuing to ask someone for dates or to meet after work after the person has made it clear that he or she does not want to go; comments about an employee’s anatomy or protected characteristic that are unwelcome; and unwelcome advances or demands based on someone’s protected characteristic. This includes verbal remarks made over virtual platforms and in messaging apps when employees are working remotely. o Nonverbal: Abusive written language showing or displaying pornographic or sexually explicit objects or pictures; graphic commentaries based on a protected characteristic; derogatory cartoons or caricatures; luring or obscene gestures in the workplace; staring at a person’s body in a sexually suggestive manner; gestures or motions based on a protected characteristic; sending material through the Municipality e-mail system or other electronic communication devices (e.g. voice mail) or using the Municipality’s mail, computers or cell phones to view material that is demeaning or derogatory based on one’s protected characteristic. This includes the virtual or remote workspace and can include materials visible in the background of one’s home during a virtual meeting. o Physical: Unwelcome physical conduct, including but not limited to: hitting, pushing, shoving, slapping, petting, pinching, grabbing, holding, hugging, kissing, tickling, massaging, displaying private body parts, coerced sexual intercourse, rape or assault or attempts to commit these assaults, persistent brushing up against a person’s body, unnecessary touching and flashing or other unwelcome physical conduct. o Other: Hostile actions taken against an individual because of an individual’s sex, sexual orientation, gender identity and the status of being transgender or because of any other protected characteristic, 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, or name-calling. Any employee who feels discriminated against or harassed should report so that any violation of this Policy can be corrected promptly. Any harassing conduct, even if a single incident, can be addressed under this Policy. SECTION 3: POLICY The Municipality prohibits harassment and discrimination based on any characteristic protected by applicable law and will not tolerate any form of unlawful discrimination or harassment. The Municipality will take all steps necessary to prevent and stop the occurrence of unlawful discrimination and/or harassment, including sexual harassment, in the workplace. All employees, including but not limited to, Municipality officials and supervisory personnel, are responsible for ensuring a work environment free from prohibited harassment and discrimination. All employees will be held responsible and accountable for avoiding or eliminating inappropriate conduct that may give rise to a claim of harassment or discrimination. Employees are encouraged to report violations to a supervisor, manager, or one of the Compliance Officers listed in Section 11 of this Policy in accordance with the Complaint   6 Procedure set forth in this Policy. Officials, managers and supervisors must take immediate and appropriate corrective action when suspected instances of prohibited harassment and/or discrimination come to their attention to assure compliance with this Policy as well as report the suspected misconduct to the Municipality’s designated Compliance Officers. Furthermore, if any employee believes that any member of management has violated this policy or has not properly responded to and/or handled a report or concerns of discrimination or harassment, the employee should immediately contact one of the Municipality’s designated Compliance Officers. Each employee is assured pursuant to Section 6 of this Policy, that retaliation against an individual who makes a complaint or report under this Policy is absolutely prohibited and constitutes, in and of itself, a violation of this Policy. Employees who engage in retaliation against any employee for making or encouraging another employee to make a good faith complaint of harassment or discrimination, for opposing in good faith any practices forbidden by applicable anti-discrimination laws or for filing a good faith complaint with, or otherwise participating in any manner in an internal workplace investigation or an external investigation, proceeding or hearing conducted by any federal or state agency charged with enforcing employment discrimination laws shall be subject to discipline, up to and including termination of employment. Any employee who believes he/she has been retaliated against in violation of this policy should report violations to one of the Compliance Officers listed in Section 11 of this Policy in accordance with the Complaint Procedure set forth in this Policy. Any questions regarding the scope or application of this Policy should be directed to one of the Compliance Officers listed in Section 11 of this Policy. SECTION 4: POLICY ENFORCEMENT A. Complaint Procedure for Employees 1. Notification Procedure Prompt reporting of complaints or concerns is encouraged so that timely and constructive action can be taken before relationships become strained. Reporting of all perceived incidents of prohibited discrimination and/or harassment is encouraged and essential, regardless of the offender’s identity or position. An employee or other individual who feels aggrieved because of harassment or discrimination shall contact his or her supervisor or a Compliance Officer listed in Section 11 of this Policy, or another supervisor. Likewise, anyone who witnesses or becomes aware of instances of harassment or discrimination should report such behavior to his or her supervisor or a Compliance Officer listed in Section 11 of this Policy, or another supervisor. Employees should not feel discouraged from reporting harassment because they do not believe it is bad enough, or conversely because they do not want to see a colleague fired over less severe behavior. Just as harassment can occur in different degrees, potential discipline for engaging in harassment will depend on the degree of harassment and might include education and counseling. It may lead to suspension or termination when appropriate.   7 2. Making a Complaint Complaints are accepted orally and in writing. All employees are encouraged to use the Municipality’s “Complaint of Alleged Discrimination” form. A copy of this form is attached to this Policy. Additional complaint forms can be obtained from a Compliance Officer, with no questions asked, or from the Municipality’s website. Because an accurate record of the allegedly objectionable behavior is necessary to resolve a complaint of prohibited discrimination or harassment, the Municipality encourages employees to place complaints in writing, even if originally made orally. If an employee has any questions or difficulty filling out the complaint form, she/he can obtain assistance from any one of the Compliance Officers or the supervisor to which he/she complained. All complaints should include: the name of the complaining party, the name of the alleged offender(s), date(s) of the incident(s), description of the incident(s), names of witnesses to the incident(s) and the signature of the complaining party. Once the complaining party has completed and dated a complaint, with or without the assistance of one of the Municipality’s Compliance Officers or a supervisor, the written complaint, or oral complaint as the case may be, should be promptly forwarded to one of the Municipality’s Compliance Officers. Complainants are expected to cooperate with the Municipality’s investigation procedures by providing all relevant information relating to the complaint, as are other supervisory and non-supervisory employees having relevant or related knowledge or information. 3. Supervisory Responsibilities Supervisors and managers have a responsibility to prevent sexual harassment and discrimination. All supervisors and managers who receive a complaint or information about suspected harassment or discrimination, observe what may be harassing behavior or for any reason suspects that harassment is occurring, are required to report such suspected harassment or discrimination to one of the Municipality’s Compliance Officers. In addition to being subject to discipline if they engaged in discriminatory or harassing conduct themselves, supervisors and managers will be subject to discipline for failing to report suspected harassment or otherwise knowingly allowing harassment to continue. Supervisors and managers will also be subjected to discipline for engaging in any retaliation. While supervisors and managers have a responsibility to report harassment and discrimination, supervisors and managers must be mindful of the   8 emotional impact to the complainant as well as all parties involved. Supervisors and managers will ensure complaints are handled with sensitivity and without retaliation. 4. Bystander Intervention Any employee witnessing harassment as a bystander is encouraged to report it. The following are standard methods of bystander intervention that can be used by a witness to discrimination or harassment who wants to intervene: a. Interrupting harassment by engaging with the individual being harassed; b. Asking a third party to help intervene in harassment; c. Making a record of the harassment to benefit a future investigation; d. Following up with the harassed individual and confirming the behavior was not okay; or e. If safe, confronting the harasser(s) and naming the behavior as inappropriate. When confronting harassment, physically assaulting an individual or reciprocating by engaging in harassment, is never an appropriate response. Though not exhaustive, and dependent on the circumstances, the guidelines above can serve as a brief guide for how to react when witnessing harassment in the workplace. As set forth above, any employee witnessing harassment as a bystander is encouraged to report it; a supervisor or manager who is a bystander to harassment is required to report it. B. Time for Reporting a Complaint Prompt reporting of all complaints is strongly encouraged. All employees should be aware that appropriate resolution of complaints and effective remedial action oftentimes is possible only when complaints are promptly filed. C. Confidentiality and Privacy The Municipality shall keep complaints as confidential as is consistent with a thorough investigation, applicable collective bargaining agreements, and other laws and regulations regarding employees. To the extent complaints made under this Policy implicate criminal conduct, the Municipality may be required by law to contact and cooperate with the appropriate law enforcement authorities. During the pendency of an investigation the Municipality will consider implementation of appropriate mitigating measures in an effort to ensure against retaliation and ensure complaints and investigations are handled with sensitivity toward those participating. D. Acknowledgement of Complaint Upon receipt of an oral or written complaint, the Compliance Officer should   9 endeavor to contact promptly the complainant to confirm that the complaint has been received. If the complainant does not receive such confirmation promptly, she/he is encouraged to contact a Compliance Officer or his/her supervisor or the supervisor to whom the complaint was made to ensure its receipt. The purpose of this acknowledgment procedure is to ensure that all complaints are received by authorized individuals, carefully processed and promptly investigated. SECTION 5: INVESTIGATION PROCEDURES A. Timing of Investigations The Municipality will promptly investigate all allegations of discrimination and harassment prohibited by this Policy. The Municipality will also attempt to complete investigations under this Policy promptly. The length of the investigation will depend upon the complexity and particular circumstances of each complaint. B. Method of Investigation Investigations will provide all parties due process, and reach reasonable conclusions based on the evidence collected. Investigations will be conducted by Municipality Compliance Officers, Municipality’s legal counsel, and/or other impartial persons designated by the Municipality. The primary purposes of all investigations under this Policy will be to determine: o Did the conduct complained of occur?; o Did the conduct complained of violate this Policy?; and o What remedial measures or preventative steps, if any, shall be taken? Investigations will necessarily vary from case to case and may typically include the following: fact-finding interviews, including of the accuser and the accused; document request, review and preservation, depositions, observations, or other reasonable methods. Municipality investigators should pursue reasonable steps to investigate each complaint in a thorough and comprehensive manner. Any notes, memoranda, or other records created by Municipality employees or agents conducting an investigation under this Policy shall be deemed confidential and privileged to the extent allowed by law. Investigators will typically create a written documentation of the investigation (such as a letter, memo or email), which contains the following: o A list of all documents reviewed, along with a detailed summary of relevant documents; o A list of names of those interviewed, along with a detailed summary of their statements; o A timeline of events; o A summary of prior relevant incidents, reported or unreported; and   10 o The basis for the decision and final resolution of the complaint, together with any remedial actions. C. Notification to Complaining Party and the Accused Party The results of the investigation shall be communicated in writing to both the person filing the complaint and the accused party. The Municipality will remind the individual(s) reporting the complaint of his/her rights pursuant to the Legal Protections and External Remedies Section of this Policy. D. Remedial Measures This Policy is intended to prevent all forms of unlawful discrimination and harassment and put an end to any prohibited discrimination that is found to have occurred. While disciplinary action may be appropriate in certain instances, punitive measures are not the exclusive means for responding to prohibited discrimination or harassment. During the pendency of any investigation being conducted pursuant to this Policy, remedial measures may be taken if appropriate and necessary. Any individual who is found to have engaged in prohibited discrimination or harassment or conduct which may be prohibited by this Policy, may receive education, training, counseling, warnings, discipline, or other measures designed to prevent future violations of this Policy. Disciplinary action may include: warnings, suspension, or discharge from employment or such disciplinary action as may be permitted by applicable collective bargaining agreements and law. Any third party found to have engaged in discrimination or harassment of an employee may be barred from Municipality property. SECTION 6: PROHIBITION AGAINST RETALIATION AND ABUSE OF THE POLICY Unlawful retaliation can be any action that could discourage an employee from coming forward to make a complaint or support a discrimination or harassment claim. Adverse action need not be job-related or occur in the workplace to constitute retaliation (e.g., threats of physical violence outside of work hours). Examples of retaliation may include, but are not limited to: demotion, termination, denying accommodations, reducing hours, or the assignment of less desirable shifts; publicly releasing personnel files; refusing to provide a reference or providing an unwarranted negative reference; labeling an employee as “difficult” and excluding him/her from projects to avoid “drama;” undermining an individual’s immigration status; or reducing work responsibilities, passing over for a promotion, or moving an individual’s desk to a less desirable office location. Retaliation is strictly prohibited by this Policy and by law against anyone for making or encouraging another employee to make a good faith complaint of harassment or discrimination, for opposing in good faith any practices forbidden by applicable anti-discrimination laws or for filing a good faith complaint with, or otherwise participating in any manner in an internal workplace investigation or an external investigation, proceeding or hearing conducted by any   11 federal or state agency charged with enforcing employment discrimination laws. Even if the alleged harassment or discrimination does not turn out to rise to the level of a violation of law, the individual is protected from retaliation if he/she 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 or discrimination. Complaints of retaliation should be brought directly to a Compliance Officer. Such complaints will be promptly investigated. If retaliation is found, the person retaliating will be subject to corrective action up to and including termination from employment, or in the case of a non-employee, an appropriate remedy up to and including termination of the business relationship. SECTION 7: APPEALS [OPTIONAL] Any complainant or accused party who wishes to appeal the conclusion which the Municipality reached in investigating a complaint filed under this Policy, may do so within ten (10) calendar days of receipt of the appealing party’s notification of the investigation outcome. Untimely submissions shall not receive consideration. Such appeal must be made in writing to the Municipality’s governing body. The appealing party shall be entitled to present evidence in writing as to why the conclusion was flawed, improper, or otherwise not supported by the evidence. The Municipality’s consideration and review of any such appeal shall be conducted confidentially in executive session. Following a review of that evidence, as well as the information obtained in the investigation process and conclusions derived there from, the Municipality’s governing body, or its designee, shall render a decision. That decision shall be final. The appealing party shall be notified of the decision in writing. Nothing set forth in the Appeal Process above shall be construed to in any way confer upon either the complainant(s) or the person(s) accused of violating this Policy any right to appeal the Municipality’s determination as to appropriate disciplinary and/or corrective action to be taken on meritorious complaints. In this regard, the Municipality at all times retains sole discretion to determine the appropriate disciplinary and/or corrective action to be taken with regard to a meritorious complaint. SECTION 8: RECORD KEEPING The Municipality shall maintain a written record of all complaints of discrimination and/or harassment for a period of at least three years. The Municipality shall also document the steps taken with regard to investigations, as well as conclusions reached and remedial action taken, if any. The Municipality shall also maintain these documents for, at a minimum, three years. The Municipality’s records regarding alleged discrimination and harassment shall be maintained separate and apart from personnel records in a secure and confidential location.   12 SECTION 9: LEGAL PROTECTIONS AND EXTERNAL REMEDIES Discrimination and harassment based on protected characteristics, including sexual harassment, are not only prohibited by the Municipality but are also prohibited by state, federal, and, where applicable, local law. Aside from the internal process at the Municipality, employees may also choose to pursue legal remedies with the following governmental entities. While a private attorney is not required to file a complaint with a governmental agency, you may seek the legal advice of an attorney. 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 harassment based on other protected characteristics set forth in this Policy, 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 discrimination or harassment. Complaints of sexual harassment may be filed with DHR at any time within three years of the alleged sexual 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 harassment, including sexual harassment. An individual may not file with DHR if they have already filed a HRL complaint in state court. Complaining internally to the Municipality does not extend your time to file with DHR or in court. The one year or three years is counted from the 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 or other illegal harassment has occurred. Probable cause cases are forwarded to a public hearing before an administrative law judge. If sexual or other illegal 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 (in sex discrimination and sexual harassment cases only) and civil fines.   13 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. Go to dhr.ny.gov/complaint for more information about filing a complaint with DHR. The website has a digital complaint process that can be completed on a computer or mobile device from start to finish. The website has a complaint form that can be downloaded, filled out, and mailed to DHR as well as a form that can be submitted online. The website also contains contact information for DHR’s regional offices across New York State. Call the DHR sexual harassment hotline at 1(800) HARASS3 for more information about filing a sexual harassment complaint. This hotline can also provide a referral to a volunteer attorney experienced in sexual harassment matters who can provide limited free assistance and counsel over the phone. 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 discrimination or 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. If the EEOC determines that the law may have been violated, the EEOC will try to reach a voluntary settlement with the employer. If the EEOC cannot reach a settlement, the EEOC (or the Department of Justice in certain cases) will decide whether to file a lawsuit. The EEOC will issue a Notice of Right to Sue permitting workers to file a lawsuit in federal court if the EEOC closes the charge, is unable to determine if federal employment discrimination laws may have been violated, or believes that unlawful discrimination occurred but does not file a lawsuit. Individuals may obtain relief in mediation, settlement or conciliation. In addition, 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 automatically file the complaint with the EEOC to preserve the right to proceed in federal court.   14 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/html/cchr/html/home/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. SECTION 10: QUESTIONS Any questions by employees of the Municipality about this Policy or potential harassment or discrimination should be brought to the attention of one of the Municipality’s Compliance Officers. The names, addresses, and telephone numbers of the Municipality’s Compliance Officers are listed in Section 11 of this Policy. SECTION 11: COMPLIANCE OFFICERS _Jason Leifer, Supervisor_________Town Hall__________ Name Office Location __607-844-8888 Ext 227___ Telephone Number Amanda Anderson, Bookkeeper Town Hall Name Office Location 607-844-8888 Ext 225 Telephone Number SECTION 12: EFFECTIVE DATE AND POLICY DISSEMINATION The effective date of this Policy, as revised, shall be September 14, 2023. The Municipality Bookkeeper shall ensure that this Policy is adequately disseminated and made available to all employees of the Municipality. This Policy shall be distributed at the time of hire, and at every annual training regarding prevention of sexual harassment. In addition, copies of this Policy and Complaint Form shall be maintained in the office of each Compliance Officer as well as the Municipality’s Policy Book that is available electronically on the Shared Drive.   15 Upon the effective date of this Policy, as revised, the provisions of this Policy shall supersede and replace the following prior Municipality policies and regulations regarding employee discrimination and harassment: Discrimination and Harassment Policy, adopted July 16, 2020.