HomeMy WebLinkAbout2007-03-21REGULAR T OVWN BOARD MEETIN
Date: March 211) 2007
Time: 6:oo p.m.
Place: Lansing Town Hall Board Room
AGENDA
1, Call Meeting to Order
2, Roll Gall
Pledge of Allegiance
44 Continuation of Public Hearing — 6:05 p.m. - Drainage ,District No. 2
. Public Hearing Local Lwx #1 of 2007 - 6, 15 p.in. — Workplace Violence
6, Privilege of the Floor
7. Engineer's Report
8, Highovay Superintendent's Report
Parlcz and Recreation Report
10. Manning Department Report
it, Approve Audit
12, Approve Minutes of February 22, 2007
134 Any Other Business to come before the Board
14, Town Counsel Report
1. Board Member Reports
16, Executive Session if Needed
17, Adjourn Meeting
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March 21, 2007
The Lansing Town Board met In Regular Session at the l_ansrng Town
Half Board Roorn at 6:00 p.m- with Supervisor Farkas presiding -
Mr. Farkas called the meeting to order and had the clerk take the Roll Call,
Stephen Farkas
Matt Beserner
Marty Christopher
Bud Shattuck
Connie Wilcox
Bonny Bo[es
Guy Krogh
DOLL CALL
Supervisor Present
Councilperson Present
Councilperson Present
Counciiperson Present
Counciiperson Present
Town Clerk Present
Town Attorney Present
VISITORS- Jack French, Dave Herrick, Scott Pinney, Scott Morgan, Scott
Hicks, Mr, and Mrs. Tim Correll, Dave and Joke Heck, Nate Snyder, Perry
Cool, Eon Seacord, Wayne Matteson, Kendal' Dean, Greg Bush, Fred Everts,
Greg Jordan, Duane Ray, John SlutY, Brian Mulvey, Devin Grant-Keane, Clare
Eastman, Maeve Campbell, Class Nyberg, Lou and Carol Fabi, Dave Buck,Steve
Dolt, Darby Kiley, Dan Veaner and about 6 more residents
The Supervisor led all present in the pledge of allegiance,
Continuation of Public Hearin — Drainage-District N
RESOLUTION 07 � 67
RESOLUTION, offered by Mr, Shattuck and seconded by Mfrs, Wilcox-
RESOLVED, that the continuation of the Public Hearing on the proposed
Drainage District Igo, 2 is hereby opened at 6;05 p.m,
Vote
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Vote of Town Board .
(Aye) Matt Besemer, Councilperson
(Aye) Marty Christopher, Councilperson
(Aye) Bud Shattuck, Councilperson
. (Aye) Connie Wilcox, Councilperson
(Aire) Stephen Farkas, Supervisor
Mr- Herrick stated that he had talked to Larry Frabroni, the engineer on
this project last week and explained that the Board was waiting for a response
from him. To date, Mr. Herrick has not heard back from Mr. Frabroni,
After a short conversation, it was decided that the owner will be contacted
and asked to attend a meeting to try to proceed with this proposed district.
Continue Public Hearin
RESOLUTION 07 — 58
RESOLUTION, offered by Mr, Shattuck and seconded by Mrs. Wilcox-,
RESOLVED, that all persons desiring to be heard, having been heard, the
Public Hearing is hereby continued until April 18, 2007 at :05 p,m,
Vote
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(Aye) Matt Beserner, Councilperson
.. (Aye) Martyr Christopher, Councilperson
(Aye) Bud Shattuck, Councilperson
(Aye) Connie 1 ilcox, Councilperscn
(Aye) Stephen Farkas, Supervisor
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Open Public Hearing for Local Law No. 1 of 2007:
RESOLUTION 07 — 59
RESOLUTION, offered by Mrs. Wilcox and seconded by Mr. Christopher:
RESOLVED, that the Public Hearing on Proposed Local Law No. 1 for the
Year 2007 is hereby opened at 6:15 p.m.
Vote
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(Aye) Matt Besemer, Councilperson
(Aye) Marty Christopher, Councilperson
(Aye) Bud Shattuck, Councilperson
(Aye) Connie Wilcox, Councilperson
(Aye) Stephen Farkas, Supervisor
Mr. Krogh went over the proposed Workplace Violence Local Law with all
present. He explained all of the State mandates that will be required.
RESOLUTION 07 — 60
RESOLUTION, offered by Mrs. Wilcox and seconded by Mr. Christopher:
RESOLVED, that all persons desiring to be heard, having been heard, the
Public Hearing was closed at 6:27 p.m.
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(Aye) Matt Besemer, Councilperson
(Aye) Marty Christopher, Councilperson
(Aye) Bud Shattuck, Councilperson
(Aye) Connie Wilcox, Councilperson
(Aye) Stephen Farkas, Supervisor
RESOLUTION 07 -61
RESOLUTION ADOPTING LOCAL LAW # 1 OF 2007
(Workplace Violence)
At a Regular Meeting of the Town Board of the Town of Lansing held in and for
the Town of Lansing at the Lansing Town Hall on 21st day of March, 2007, the
following members being present: Stephen Farkas, Supervisor; Francis Shattuck,
Councilperson; Connie Wilcox, Councilperson; Martin Christopher,
Councilperson; and Matthew Besemer, Councilperson; and the following
members being absent: none; and the following motion for a Resolution was duly
made by motion of Francis Shattuck, and was duly seconded by Connie Wilcox;
and the vote was as follows: Steve Farkas - aye; Francis Shattuck — aye; Connie
Wilcox — aye; Martin Christopher — aye; Matthew Besemer - aye; and the
following Resolution therefore passed 5 -0, and was duly adopted:
WHEREAS, the State of New York has mandated that all municipalities comply
with amendments to the Labor Law commonly known as the Workplace Violence
Prevention Act; and
WHEREAS, such mandate requires that certain procedures be undertaken and
regularly documented and reviewed, and the Town has determined that a Local
Law provides the best and most permanent vehicle to ensure that future Town
Boards are aware of such requirements; and
WHEREAS, the Town desires to accomplish some additional ministerial tasks
through this Local Law, including the repeal of the now outdated Local Law #2 of
2005 (employee health insurance benefits), and the amendment of Local Law #5
of 2006 (dog licensing fees) to reflect only the Town dog licensing fees; and
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WHEREAS, said Workplace Violence Local Law proposes to (1) require
evaluation of employee risks; (2) provide a written workplace violence prevention
program that will Jist and track known risks, identify ernpJoyer mitigation plans
and methods, such as, but, where warranted, not limited to increased Visibility
and lighting, additional security locks, drop safes, signage, conflict resolution
training, and implement a reporting and management system for aggressive
behavior, (3) provide for annual employee training; (4) prohibit aggression in or at
the workplace, ( ) prohibit any retaliation for reporting incidents of aggression; (6)
permit Department of Labor workplace inspections when requested; (7)
implement reporting requirements for incidents of aggression and violence; and
(8) adopt a zero tolerance policy for workplace violence and aggression; and
WHEREAS, a Public Hearing was
Road, Lansing, New York, being
March, 2007, at 6115 o'clock P. ,,
1 of 2007, and to hear all personMl
such action thereon as is required
duly held at the Lansing Town Hall, 29 Auburn
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n the Town of Lansing, on the 21st day of
to consider the Adoption of Local Law Number
3 interested in the subject thereof, and to take
or permitted by law; and
WHEREAS, in consideration of the comments and concerns reviewed, and upon
clue deliberation upon such Local Law and the foregoing recitations, the Town
Board of the Town of Lansing has hereby
RESOLVED, that the Town Board of the Town of Lansing, in its capacity as
governing body of the Town of Lansing, does hereby pass, adopt, and approve
Local Law Number 1 of 2007, as set forth in its entirety below:
1, Local Law #2 of 2005 (employee health insurance benefits) be and hereby
is repealed in its entirety,
2. Local Law #5 of 2006 (dog licensing fees) be and hereby is amended to
reflect only the Town's share of dog licensing fees, and accordingly, Section 4 is
amended to read:
"The fallowing fees apply to the obtaining of annual dog licenses or the
following dogs:
Spayed and Neutered Dogs: $7.50
Non - spayed and Un- neutered Dogs; $9,50
Every dog owned or harbored within the Town of Lansing must be licensed
annually, and must at all times, whether confined or at large, possess a
current and valid dog license.'
0. Local Law #1 of 2007, the Workplace Violence Protection Local Law, be
and is hereby adopted as set forth in its entirety below:
"TOWN OF LANSING, TOMPKINS COUNTY, NEW YORK
LOCAL. LAW NUMBER 7 OF 2UD7
WORKPLACE VIOLENCE PROTECTION LOCAL LAW
SECTION 'l: TITLE & APPLICATION - This Local Law shall be known as
"Local Law Number 1 of 2007 "_ Local Law Number 1 of 2007 hereby repeals any
prior Local Law or Resolution that is inconsistent herewith. Local Law Number I
of 2007 applies only within those parts of the Town of Lansing, Tompkins Counter,
° New fork, that are outside of the incorporated Village of Lansing.
SECTION 2: LEGISLATIVE FINDINGS - The Town Board of the Town of
Lansing finds and declares that Workplace Violence is a serious public health
problem that demands attention, During the last decade, homicide was the third
leading cause of death for all workers, and the leading cause of occupational
death for women workers. Workplace Violence presents a serious occupational
safety hazard for workers, but many employers and workers may be unaware of
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the risk. Moreover, the hazards of Workplace Violence are not currently
addressed by any specific federal or state laws. Thus, it is critical to the
maintenance of a productive workforce that the Town evaluate its Workplaces to
determine the risk of violence, and to develop and implement programs to
minimize the hazard, Experience has shown that when employers evaluate the
safety and health hazards in their workplaces and implement employee
protection programs, the incidence of workplace injuries is reduced. The Town,
therefore ,1 and further, finds and declares that public health, safety and welfare
would be advanced by enactment of a local law to requiring the development and
implementation of Workplace Violence protection prograrn.
SECTION 3 I 1 DEFINITION - For the purposes of this Local Law;
A, "Authorized Employee Representative" shall mean any
representative recognized pursuant to a collective bargaining agreement,
or any representative permitted to participate in Employee affairs under
law, including, but not limited to, the New York State Civil Service Laws
and Labor Laws, References to the participation of any Authorized
Employee Representative means that such Authorized Employee
representative shall be given an opportunity to contribute information,
assist with analyzing statistics, assist with conducting Workplace risk
evaluations, and to assist with any determinations about, and participate
in, incident reviews_
B. "Commissioner° means the New York State Commissioner of
Labor.
" Employee" or "Employees" means any persons) employed by the
Town, including all public officials, appointed officials, department
managers, elected officials, and full time, part time, intermediate and
seasonal employees_
D, "OSHA" means the federal Occupational Safety and Health
Administration,
E "Retaliatory Actionn means the discharge of, suspension of,
demotion of, penatization of, or discrimination against any Employee, or
other adverse employment action taken against an Employee in the terms
and conditions of employment.
F °' Supervisor " means any person within the Town's organization
who has the authority to direct and control the work performance of any
other E=mployee(), or who has the authority to take corrective action
regarding notice(s) about the violation of any law, rule, or regulation_
"Threat Assessment Team )P means a committee appointed by the
Torn Supervisor, that consists of at least three members, one of which
shall be a Town Board Member, and another of which shall be a person
familiar with law or law enforcement, which committee shall be primarily ly
responsible for developing, maintaining, reviewing, improving and
updating the Town's Workplace Violence Prevention Program,
H. "Town" means the Town of Lansing, located in the County of
Tompkins and Mate of New fork,
I, "`Town Board" means the Town Board of the Town of Lansing,
located in the County of Tompkins and State of New York.
J. "Town Supervisor means the Supervisor of the Town of Lansing,
located in the County of Tompkins and State of New fork.
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K, "WcrkpJace" or "Workplaces" means any location away from an
ernployree's domicile, whether permanent or temporary, where an
Employee performs any work - related duty in the course of his or her
employment by the Town,
�. "Workplace Violence" means an
behavior, and/or verbal abuse occurring where physical
n Employee tperforms any
work related duties, duty in the course of his or her employment
Workplaoe Violence may occur without one person actually touching,
striking, or doing bodily harm to another person, and includes, but is not
limited to, the following:
�- An attempt or threat, whether verbal or physical, to inflict any
injury upon another person; or
. Any intentional display of force which would give a person
reason to fear or expect bodily harm; or
- Intentional and wrongful physical contact with a person
without his or her consent that entails some injury or offensive
touching; or
4, Harassment arising out of or in the course of employment
that is of a nature that would (J) give a person reason to fear
escalation, or (ii) make it difficult to pursue a normal work life or
private life; or
b, Stalking a person with the intent of causing fear or
annoyance when such stalking has arisen through or in the course
of employment; or
Any act of sexual harassment; or
7. Any assault or harassment (as defined under the New York
Penal Law); or
8- Any acts of verbal abuse; or
g. Any unreasonably aggressive behavior (s).
M "Workplace Violence Policy Statement" means a summary of the
Workplace Violence Prevention Program that focuses upon the Town's (i)
policies and goals relating to Workplace Violence, and (ii) provides
notification as to the alert and notification procedures for Employees to
follow to report an incident.
N, "Workplace Violence prevention Program" means a written Town
program designed to prevent, rrtinimize and respond to any Workplace
Violence,
SECTION 4: RISK EVALUATION AND DETERMINATION — The Town
shall evaluate its Workplaces to determine the presence of factors or situations in
such Workplaces that might place Employees at risk of Workplace Violence,
Including, but not limited to, duties that involve.m (i) the exchange of rnone - �i the
delivery of passengers, y' (')
rY p g ,goods, or services; (iii mobile workpiare assignments;
(iv) working with unstable or volatile persons in health care, social service,
or
criminal justice settings; (iv) working alone or in small numbers; (v) working late
at night or during early meriting hours, (vi) working in high -crime areas, (vii)
guarding valuable property or possessions; (viii) working in community -based or
public settings; (ix) uncontrolled access to the Workplace, and () areas of
previous security problems,
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SECTION b; THREAT ASSESSMENT TEAM - The Town shall appoint a
Threat Assessment Team consisting of at least three members, one of which
shall be a Town Board Member, and another of which shall be a person familiar
with law or law enforcement. The Threat Assessment Team shall perform the
evaluation listed in Section 4, and shall, consistent with this Local Law, develop,
maintain, review, improve and update the Town's Workplace Violence Prevention
Program, The Threat Assessment Team shall examine and assess the
vulnerability of Town facilities and Employees to Workplace Violence and reach
agreement on preventive actions to be taken. The Threat Assessment Team
shall also be responsible for: (i) recommending and/or implementing Employee
training programs on Workplace Violence; {ii} implementing plans for responding
to acts of Workplace Violence; and (iii) communicating internally with Employees,
Threat Assessment Team membership should include (i) one or more
representatives of the Town with experience in management, operations,
security, finance, legal, and human resources, and (ii) Employees and/or
Authorized Employee Representatives_ Responsibility for auditing the overall
Workplace Violence Prevention Program rests primarily with the Threat
Assessment Team.
SECTION B; HAZARD ASSESSMENT - The Threat Assessment team
shall perform a hazard assessment, consisting, at a minimum, of the following
reviews=
A_ Records Review: The Threat Assessment Team shall review
previous incidents of violence to develop a baseline by (i) identifying
patterns that may indicate the causes and severity of Workplace Violence
incidents, (ii) identifying changes necessary to help prevent Workplace
Violence, and (iii) developing an appropriate plan to correct these hazards_
The Threat Assessment Team should analyze the following, when
available, to complete a record review; OSHA 200 lags; incident reports;
records of, or information compiled for the recording of, Workplace
Violence incidents and similar events; medical records; insurance and loss
records; workers' compensation records; police reports; accident
investigations; training records; grievances, complaints about behavior,
both by Employees and members of the public; and other relevant records
or information_
B, Identify Risk: The Threat Assessment Team should identify and
analyze any apparent trends in Workplace Violence incidents relating to
particular departments, units, job titles, unit activities, time of day, etc,
The Threat Assessment Team should communicate with other
municipalities, local businesses, trade associations, and community and
civic groups concerning their experiences with. Workplace Violence,
_ Workplace Security Analysis; In addition to a records review, the
Threat Assessment Team shall inspect the Workplace, as well as evaluate
the work tasks of Employees, to determine the presence of hazards,
conditions, operations, and situations which might place workers at risk of
Workplace Violence incidents. The Threat Assessment Team shall
conduct follow�up inspections of the Workplace and observe hazardous
work tasks on a periodic basis,
D, Workplace Surveys; A questionnaire or survey should be
distributed to Employees to identify the potential for violent incidents and
to identify or confirm the need for improved security measures, A sample
questionnaire and inspection checklist is available from the Town, and the
Threat Assessment Team shall improve such questionnaire and develop
additional questions or questionnaires, with input into design, format, and
dissemination thereof from Employees and/or Authorized Employee
Representatives, All Employees shall be required to complete the
questionnaire(s).
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E, Employee Questionnaires: Employee questionnaires shall be
reviewed, updated and distributed as needed, or at least once each
calendar }year- Results should be analyzed and used to revise and
improve the overall content and implementation of the Workplace Violence
Prevention Program-
F, Hazard CDntrol and Prevention-, The Threat Assessment Team
should identify and institute a combination of control methods designed to
eliminate or minimize the risks of Workplace Violence. These include, but
are not limited to; (i) general building, work station, and area design, and
related security measures, (ii) security equipment, viii} work practice
controls and procedures; (iv) a Workplace Violence Prevention Policy
Statement, (vi) a review of previous Workplace incidents, (vii) a review of
all logbooks of work related injuries and illnesses; (viii) an examination of
Employee surveys and conditions that could be contributing to potential
incidents; and (ix) security and inspection surveys, The Town may
implement these control measures alone or in combination to address
identified hazards. As part of this analysis, the Threat Assessment Team
shall consider the following;
I- General building, workstation and area designs,
a- Review the design of all new or renovated facilities to
ensure safe and secure conditions for Employees; and
b. Ensure that facilities are designed to ensure, where
appropriate or required, the privacy of citizens and
Employees, and their communications and information, and
C, Ensure that Employees can communicate with other
staff in emergency situations, including, where appropriate,
by clear partitfons, video cameras, speakers, telephones,
panic buttons, alarms, etc,, as appropriate, and
d, Design work areas and arrange furniture to prevent
entrapment of the Employees anti /or rrrinimize potential for
Workplace Violence incidents; and
e. Control access to Employee work areas, such as,
where appropriate, through the use of rocked doors, buzzers,
card access, etc,; and
f, Provide
building areas,
parking areas,
nationally rec[
AN UIE RP -7
building codes,
appropriate lighting systems for all indoor
as well as grounds around the facility and
Lighting should meet the requirements of
)gnized standards, such as ANSI A -$h,
1983, ANSI/IES RP -1 1993, as efi as local
, Security Devices and 'Systems; Security should not conflict
with life safety code requirements. Egress from inside the building
must not be impeded -
a. Security devices and features should consider
r utilizing, {i) electronic alarm systerns activated visually or
audibly, which such systems should identify the location of
the room or location of the employee by means of an alarm
sound and/or a lighted indicator or equally effective
measure, (ii) utilizing closed circuit television which permits
the monitoring of high risk areas, both inside and outside the
building; (iii) metal detection systems to identify persons with
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weapons; (iv) cellular telephones, beepers, CB radios or
hang -held alarms or noise devices in field situations; and
b, Adequate personnel must be available to render
prompt assistance; and
C. Security equipment and systems should be examined
and maintained on a regular basis to ensure effectiveness.
3, fork practice controls and procedures;
a- Provide identification cards for all Employees and
require that they be worn; and
b, Establish sign -in and sign -out books; and
C, Establish an escort policy for nor- employees; and
d, Base staffing considerations on safety and security
assessments for both fixed site and field locations; and
e. Develop internal communication systems to respond
to emergencies; and
f. Develop policies on how to deal with emergency or
hostage situations; and
g- Develop and implement security procedures for (i)
Employees who work late or off hours, (ii) field staff, (iii)
when to involve in -house security or local law enforcement in
any incident, (iv) banning weapons in facilities unless
authorized, and (v) how the Town will respond to Workplace
Violence incidents; and
h, Develop written procedures for Employees to follow
for any locations when they feel threatened or unsafe; and
i, Provide information and give assistance to
Employees who are victims of Workplace Violence or
domestic violence, and develop procedures to ensure
confidentiality and safety for such affected Employees; and
J- Train employees on awareness, avoidance, and
actions to take to evade or prevent incidents of Workplace
Violence, mugging, robbery, rapes and other assaults; and
k. Modify existing work practices and procedures that
expose Employees to an increased risk of Workplace
Violence-
SECTION 7; WORKPLACE VIOLENCE PREVENTION PROGRAM — The
Workplace Violence Prevention Program and the Workplace Violence Policy
Statement should be easily accessible to all Employees, Copies should be made
available to Employees upon request- The Town through the Threat
Assessment Team, shall develop, approve, and implement a written Workplace
Violence Prevention Program for its Workplaces that includes, at a minirrnum, the
following;
A, A list of the risk factors and hazards present in the Workplace;
B, An identification of the methods the Town will use to help prevent
incidents of Workplace Violence, including, but not limited ta; () making
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high -risk areas more visible to more people; (ii) installing good external
lighting; (iii) using drop safes or other methods to minimize cash on hand;
(iv) posting signs stating that limited cash is on hand; (v) providing training
in conflict resolution and non - violent self- defense responses; and (vi)
establishing and implementing reporting systems for incidents of
aggressive behavior and Workplace Violence.
C. The inclusion of specific provisions for each of the following, all of
which shall be and remain (i) relevant to the ongoing development, review,
and improvement of the Workplace Violence Prevention Plan, and (ii) part
of the Town's elements of a Workplace Violence Prevention Program:
1. A Clearly Written Company Workplace Violence Policy
Statement; and
2. Conducting Employee and Supervisor training and education
programs; and
3. Providing procedures for the reporting of, investigation of,
and follow -up upon incidents of aggression and Workplace
Violence, including the regular evaluation and re- evaluation of
protocols and procedures, duly taking into account all legal and
practical issues of confidentiality; and
4. Planning, maintaining, and/or budgeting for adequate
authority and monetary resources so that identified goals and
assigned responsibilities can be met; and
5. Including and encouraging Employee participation in the
design and implementation of the Workplace Violence Prevention
Program, including participation by Authorized Employee
Representatives; and
6. Refusing to tolerate aggression and Workplace Violence (a
"zero tolerance" program); and
70 Developing and implementing programs and procedures to
reduce risk and incidents of aggression and violence; and
8. Applying Workplace Violence policies consistently and fairly
to all Employees, including Supervisors; and
9. Requiring prompt and accurate reporting of violent and
aggressive incidents, whether or not physical injury has occurred;
and
10. Ensuring anti - discrimination and freedom from retaliatory
Actions against victims of Workplace Violence, and those who
report incidents and provide witness or evidence in connection
therewith.
11. Procedures requiring a review the Workplace Violence
Prevention Program at least annually, and immediately after the
occurrence of a Workplace Violence incident, and, if necessary, the
contents of the Workplace Violence Prevention Program shall be
updated within a reasonable time after such review is completed.
12. Evaluate the need for, and procedures for, obtaining crisis
counseling for Employees after the occurrence of a Workplace
Violence incident. This counseling must be provided by a mental
health professional following generally accepted mental health
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practices, and the procedures shall be developed in conjunction
with the input of a qualified mental health professional.
SECTION 8: EMPLOYEE INFORMATION AND TRAINING — The Town
shall provide its Employees with the following information and training on the
risks of Workplace Violence in their Workplaces, both at the time of their initial
assignment and annually thereafter:
A. Employees shall be informed of (i) the requirements of this Local
Law, related provisions of the New York State Labor Law, (ii) the risk
factors in their Workplaces, and (iii) the location and availability of the
written Workplace Violence Prevention Program,
B. The Workplace Violence Policy Statement goals and objectives
shall be posted in a conspicuous location at the place of employment
where notices to Employees are normally posted; and
C. Employee training shall include and identify, at a minimum, (i) the
measures Employees can take to protect themselves from such risks,
including specific procedures the Town has implemented to protect
Employees, such as appropriate work practices, emergency procedures,
use of security alarms and other devices, and (ii) the details of the written
Workplace Violence Prevention Program developed by the Town. At a
minimum, all Employees, regardless of their level of risk, should be taught:
(i) techniques for recognizing the potential for violence; (ii) procedures,
policies, and work environment arrangements developed to control risk;
(iii) proper use of security hardware; (iv) the appropriate response to
incidents of aggression and violence, including emergency and hostage
situations; (v) how to obtain medical assistance and follow -up; (vi)
procedures for reporting, investigating and documenting incidents of
aggression and Workplace Violence; (vii) how to travel safety to, from, and
within the Workplace; and (viii) safe cash handling procedures.
D. Effective training should: (i) be given during the work -day; (ii) use
easily understood terminology, (iii) be given in languages spoken by the
employees, (iv) provide sufficient time for questions and answers, (v) be
conducted by trainers knowledgeable or qualified in their field of expertise;
and (vi) be conducted before taking a new job assignment, annually, and
when laws or procedures change. Employees with job tasks or locations
that place them at higher risk for violent incidents should be provided
additional specialized training designed to deal with the nature of this risk.
E. Supervisors should: (i) undergo additional training to enable them
.to recognize a potentially hazardous situation or to make any necessary
changes in the physical plant, staffing, or policy and procedures to
address any risk; (ii) be trained to ensure that Employees are not placed in
assignments that compromise safety; (iii) be trained in methods and
procedures which will reduce security hazards; (iv) be trained to behave
compassionately towards co- workers when an incident does occur; (v)
ensure that Employees follow safe work practices and receive appropriate
training; (vi) reinforce the Workplace Violence Prevention Program,
promote safety and security, and ensure Employees receive additional
training as the need arises.
F. Security personnel need to be trained, whenever possible, for the
specific job, facility layout, and security hardware in the Workplace, and
for identified high risk jobs.
SECTION 9: INCIDENT REPORTING, INVESTIGATION, FOLLOW -UP,
AND EVALUATION -
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A, Incident Reporting: Any Employee who is involved in a Workplace
Violence incident, or who is a witness to such incident, shall (i) report such
incident immediately to his or her Supervisor or to the Town Supervisor,
and (ii) follow all procedures for reporting such incidents, Employees shall
provide all necessary details (date, time location, witnesses, etc.)
regarding the Workplace Violence incident, including the names (or
descriptions) of those involved. Any Employee who believes that a
violation of the Workplace Violence Protection Program exists, or that an
Imminent danger of an incident of Workplace Violence exists, shall' (i)
immediately bring such mater to the attention of their Supervisor or the
Town Supervisor in the form of an oral notice (with a follow -up written
notice), and (ii) shall' afford the Town a reasonable opportunity to
investigate and correct such activity, policy, or practice, This written
notice requirement shall not apply where an Employee reasonably
believes ire good faith that reporting to a Supervisor or the Town
Supervisor would not result in corrective action, but in such case,
immediate and prompt notice shall be provided to some other Supervisor
of the Town or to the Commissioner.
B. Prompt Action Steps: Each reported incident shall be evaluated by
the Threat Assessment Team_ Once an incident occurs, the Town should:
(i) report it to the local police department, (ii) secure work areas where
disturbances occurred; (iii) ensure the physical safety of Employees and
others remaining in the area as soon as possible; (iv) ensure that no work
area is left short- staffed while others assist the victim or help in securing
the area, (v) quickly assess the work area, if it was disturbed or damaged
during an incident, to determine if it is safe; and {vi} provide critical and
confidential incident debriefing to victims, witnesses and ether affected
Employees,
C. Investigation: After an incident occurs, a detailed fact-finding
investigation shall be conducted as soon as possible. When conducting
this investigation, the Threat Assessment Team should: (i) collect facts on
who, what, when, where, and how the incident occurred; (ii) record
information; {iii} identify contributing causes; (iv) recommend corrective
action, (v) encourage appropriate follow -up, and (A) consider changes in
controls, procedures, and policies.
D_ Inspection- When a request for an inspection Dias been made in a
situation where there is an allegation of an imminent danger, such that an
Employee would be subjected to injury or death, the inspection shall be
given the highest priority and shall be carried out immediately. If, following
a referral of an incident, and after a reasonable opportunity to correct such
activity, policy or practice, the matter has not been resolved and the
Employee, or Authorized Employee Representative, still believes that a
violation of a Workplace Violence Prevention Program requirement
remains, or that an imminent danger still exists, such Employee, or
Authorized Employee Representative, may request an inspection by giving
notice to the Town Supervisor or the Commissioner of such violation or
danger. Such notice and request shall (i) be in writing, (ii) set forth with
reasonable particularity the grounds for the notice, {iii} be signed by such
Employee, or by the Authorized Employee Representative,
E_ Inspection by Commissioner:
Workplace:
if the Commissioner will inspect the
A copy of the notice and request shall be provided by the
Commissioner to the Town Supervisor no later than the time of
I
nspection by the Commissioner, except that, at the request of the
person giving such notice, such person's name, and the names of
individual Employees may be withheld,
ill
IBM
D
2, A representative of the Town and an Authorized Employee
Representative shall be given the opportunity to accompany the
Commissioner during an inspection, for the purpose of aiding such
inspection. Where there is no Authorized Employee
Representative, the Commissioner shall consult with a reasonable
number of Employees concerning matters of safety in the
Workplace.
3_ A Copy of the Workplace Violence Prevention Program, risk
evaluation and determination records, and Workplace Violence
training records will be made available by the Town to the
Commissioner at the opening conference of any Department of
Labor inspection or consultation. Before releasing this information,
the Town may redact any information! that is deemed to be
confidential or of a secure nature that is not pertinent to the
protection of Employees from Workplace Violence risks, such as,
but not limited to, employee home or cell telephone numbers,
protected security procedures and staffing patterns, building access
codes, etc_)_ The Town may not redact any (i) risk factors identified
during any risk evaluation and determination that was performed,
(ii) methods or procedures utilized to prevent Workplace Violence,
or (iii) Employee training information. Any redacted information
shall be made available for review by the Commissioner upon
request_
4_ The authority of the Commissioner to inspect any
Workplaces shall not be limited to the alleged violation contained in
such notice. The Commissioner may inspect any other Workplace
(i) for which he or she has reason to believe that a serious violation
of this Local Law, or any State or Federal Law, rule, or regulation
exists, or (ii) pursuant to a general administrative plan for the
enforcement of law, including a general schedule of inspections,
which provides a rational administrative basis for such inspection.
F, Within 30mdays after the occurrence of a Workplace Violence
incident, the Town shall complete and submit a "Workplace Violence
Incident Report_ This report may be in any format, but must include, at a
minimum, the following information,(i) Workplace location; (ii) the date of
incident; (iii) the time of the incident; (iv) a description of the incident; (v)
the names of involved Employees; {vi) the extent of any injuries; (vii) the
names of all witnesses; and (viii) information on preventative actions that
the Town has taken or is considering as a result of the incident to mitigate
against further like occurrences. Copies of reports which meet the
recording requirements of 12 NYCRR Part 801 shall be forwarded to the
nearest Division of Safety and Health ( "DC H "} District Office, DOSH
Form 901 or WDB Form C2, with the required information aided, may be
utilized for this purpose.
, Any Workplace Violence incident that may be of a Criminal or
domestic violence nature shall be immediately reported to police
authorities in accordance with law. The Town shall also follow New fork
State Division of Labor, DH, and OSHA reporting procedures regarding
harassment type Workplace Violence incidents_
H. Neither the Town, nor any Supervisor, may undertake, commit, or
promote any Retaliatory Action against any Employee because the
Employee, in good faith (i) provides any notice of any violation of
Workplace Violence protocols or requirements, (ii) submits any notice to
the Commissioner, (iii) requests any inspection, {iv) accompanies the
Commissioner or Town Supervisor upon any inspection, (v) acts as a
complainant or witness to any alleged act of Workplace Violence, or
1
reports the same, or (vi) avails himself or herself of any right or remedy
afforded under this Local Law,
SECTION 10, RECORDIKEEPIN — The Town shall develop and
maintain an efFective recordkeeping system that keeps all records up to date. At
a minimum, the following records should be kept, (i) an OSHA 200 Log (OSHA,
and related New York State regulations require the recording of any injury which
requires more than first aid, causes foss of consciousness, requires modified
duty, or results in last time from work, and all following listed items must also be
recorded in such logbooks)); (ii) records of all assaults, aggressive behavior,
and incidents of Workplace Violence; (iii) doctors' reports of work injuries; (iv)
Supervisors' reports, and (vi) reports of all fatalities or catastrophes, An
Employee death resulting from an employment accident or illness caused by or
related to a workplace hazard, or the hospitalization (not 'examination and
release') of 3 or more Employees resulting from an employment accident or
illness caused by a workplace hazard must be orally reported to OSHA, DOSH,
and the Commissioner by the Town within 8 hours, Additionally, 12 NYCRR Part
801, known as the Public Employer Recordkeeping Rule, which is implemented
pursuant to Section 7 -a of the New York State Labor Law, shall be complied
with for recording and reporting Employee injuries or illnesses due to Workplace
Violence incidents, The Town shall folJow all federal, state and local laws and
regulations, and shall comply with its ors internal procedures, in the reporting of
Workplace Violence incidents. The types of records that shall be kept and
preserved by the Town, and utilized by the Threat Assessment Team for periodic
or other review, should include records of;
A, Incidents of assaults and Workplace Violence, which should
describe who was involved, the type of activity, (Le, unprovoked sudden
attach), and all other circumstances of the incident, The records should
include a description of the location /environment, potential or actual casts,
lost time, nature of injuries sustained, etc., and
B. Incidents of abuse, verbal attacks or aggressive behavior, even if
not resulting in any injurer. Any acts of aggression should be recorded
every if not threatening to the Employee, such as, but not limited to,
incidents of pushing, shouting, intimidating behaviors, etc,; and
, minutes of safety meetings and inspection reports that contain
findings, corrective actions recommended relative to Workplace Violence,
along with the Town's response and completion dates for action items;
and
D. Training records, which should include dates the training was
conducted, the type of training given, the Employees trained, etc.; and
E_ Inspection records, which should Include dates of inspection, areas
inspected, all findings and recommendations, any control measures
implemented, etc.; and
J=, Employee questionnaires that assess Employee's views of high risk
work areas and activities; and
O_ Insurance records; and
H. Workers' Compensation Records, but subject to confidentiality and
disclosure requirements and limitations, and
C. Medical records, but subject to confidentiality and disclosure
requirements and limitations; and
J_ Police reports; and
1
61
AN
I. Any other record herein required to be kept or maintained, or
required to be kept and maintained by any other law, rule, or regulation.
SECTION 11: AMENDMENTS — The terms, benefits, and provisions
of this Local Law -may be amended from time to time, in the discretion of the
Town Board. Publication of a notice of public hearing pertaining to the
amendment of this Local Law shall be and be deemed sufficient notice to any
affected; persons of any amendment hereto.
SECTION 12: CONSTRUCTION WITH OTHER LAWS - The
provisions of this Local Law shall not diminish the rights of Employees pursuant
to any law, rule, regulation, or collective bargaining agreement. Nothing in this
Local Law shall change or alter the Town's obligation to comply with workplace
safety standards as set forth by the County of Tompkins, the State of New fork
or the United States, and each of their respective departments and agencies_
This Local Law is intended to supplement and augment those requirements by
regularly providing for and requiring inspections, training, and evaluations of the
Workplace.
SECTION 13r SEVER ABILITY - If the provisions of any article,
.section, subsection, paragraph, subdivision, or clause of this Local Law shall be
adjudged invalid by a court or other tribunal of competent jurisdiction, such order
or judgment shall not affect or invalidate the remainder of any article, section,
subsection, paragraph, subdivision or clause of this Local Law_ Any such
invalidity shall be confined in its operation to the clause, sentence, paragraph,
section or article thereof directly involved in the controversy in which such order or
judgment shall have been rendered_
SECTION 14; EFFECTIVE DATE - This Local Law shall be and
become immediately effective upon filing, and it is further
RESOLVED, ED, that the Town Board approves the draft Workplace Self- Evalua tion
Form, the draft Incident Deport Form, the draft Employee Survey, the draft
Workplace Violence Prevention Flan, and the draft Workplace Violence Policy
Statement as presented to this Board; and it is further
RESOLVED, that the Town Board hereby authorizes the Town Supervisor to
appoint the members of the Threat Assessment Team, which hereafter shall be
and be deemed a Committee of the Town; and it is further
RESOLVED, that such Threat Assessment Team, once constituted, promptly
begin the evaluations and analyses required by Local Law #1 of 2007 for the
year 2007_
SEQRA: Type II Action
Privile ,uc of the Floor:
Scott Mon an — 69 Armstrong Road:
Mr, Morgan read a letter to the Board and asked why he was not allowed
to use an old school bus to house pigs on his property on Peruville Road, He
said that Bode Enforcement officer, Dick Platt sent him a letter on February 13th
stating that he had to remove the pigs from the bus as it was not up to code. Mr,
Morgan stated that he had built a building off site but was waiting for the ground
to freeze to move it into place. He stated that he finally moved the building on
March 16th , the day after the compliance period had expired. He was then served
with a court appearance ticket that same day,
Scott Pinney — 6 Otti Drive:
Mr. Pinner was here to support Mr. Morgan and stated that he had been
through two (2) law suites with the Town. He felt the Town should go down every
avenue to prevent a law suite. He feels that changes need to be made in the
14
Zoning Office as they are not doing what the Board has asked them to do. He
also stated that a Town Employee should exhaust every possible avenue to
prevent.a lawsuit so that things that have happened to him, would not happen to
others. He stated that it seerns harsh, but when a guar costs taxpayers of the
Town and individuals hardships, you shouldn't allow this person to work for the
Town.
Wayne Ma#teson- Rory Se acord's Engineer:
Mr. Matteson gave the Board a quick overview of what Mr_ Seacord would
like to do with his property on Cayuga Vista Drive_ He stated that Mr, Seacord
would like to put approximately 37 homes on his 13 acre parcel, He stated that
this subdivision would like to have it's own waste water treatment plant, It was
stated that the Town may have to take over if a homeowner's system failed_ The
Board did not agree with this. A Transportation Corporation would be formed with
all of the owners involved. Mr. Farkas told Mr, Matteson and Mr_ Seacord that he
would be glad to listen to someone with experience in developing a
Transportation Corporation. Mr. Herrick and Mr. Krogh were not familiar with this
type of corporation.
Nate Snyder —11 Maple Ave.
Mr_ Snyder stated that the Zoning Office should try to help people in
Lansing and not run them out of Town, He stated that he is in the Lansing Fife
Department and that there are many buildings in the Town that are net up to
code, so why enforce the laws on a person raising pigs?
Craig Jordan — Walden Lane:
Mr. Jordan stated that he has to go by the "pigs" everyday and asked the
Board to look into the delays and get them corrected to speed up the process.
Clause Nyberci Y Ridge Road:
Mr. Nyberg asked what the status was regarding the lag cabin in Auburn_
Mr, Shattuck stated that on March 30kh, it will be looked over to see what kind of
shape it is in. He stated that there is no money in the budget forth is project so it
would have to be taken down then put somewhere before it could be
reconstructed in Lansing at a later date. Mr. Nyberg stated that he would like to
be a park of the process of moving the cabin to Lansing, He will' contact Darby
Kiley to see what he can help with_
Dave Fleck i Ladoga Park;
Mr. Heck came to the Board a while back complaining about two eye
sores at the bottom of Myers Road_ One being a pile of trusses and the other
was a pull behind trailer, He thanked the Zoning Office, Town Board and Ms.
Kiley for a job well done because within a week, all the clutter was gone.
TOWN ENGINEER'S REPORT%
Mr_ Herrick went over the following agenda with all present:
ENGINEER'S AGENDA
1. Water System Planning and Maintenance
a. Town G D, Extension # — Drape Road
Review draft Fngineec's Report-
4k NYS Comptroller threShold is $603 for 2007 applreations.
b. Town OWD, Extension #3 — Peach Road
41 Review feasibility study,
15
3
LO MA
Ccnsider alternatives for {pipe material and construction contracting.
The feasibility study came in very high, therefore the Supervisor will have
Mrs, Bowman send out letters to the home owners to explain the
proposed cost,
c. Town CVV D., Ext # I � AIgerirne Road
• Topographic mapping will be completed with aerial photography and is
scheduled for early Aprii or once snow is melted.
CI_ Town CVVD Boundary Expansion - Quigley
• The Quigley parcel at 26 Lakeshore Drive has connected to the main
along Lakeshore Drive and abandoned the original service to Old Myers
Road, The parcel is not presently in the CVVD. Consider a Public Hearing
for extending the boundary for this parcel (34-1-17.1 0).
Town CWD Schedule B (EDU Determination)
Discuss recent efforts of Town Staff to ideritify errors in the GVV D
database used far assessing water customers_
+ The Schedule B will require some Board modifications to address special
and multi -use properties, in addition to clarifying existing definitions_
Next meeting will be March 30th with T- C. Assessment and Bolton Point
Staff,
■ Mr, Shattuck stated that the Town may reinstitute the Town newsletter
which would be a good way to notify people that changes will be matte
regarding errors in billing andlor correct number of EDU's charged to
certain parcels in the past.
a
2_ StoFmvvater Planning and Maintenance
a_ Drainage District #2, Whisperrng Pines
• Public hearing regarding District Formation was tabled from 12124106
pending information from the developer's engineer. No additional
it orrnation has been presented to the Town,
3. Sanitary Sewer System Planning and Maintenance
a. Sewer Committee
• Next Committee meeting March 28th. A brief presentation will be made
to the Planning Board on March 6�' regarding a passible GEIS planning
initiative for the sewer service area.
i USDA, Rural Development has pledged funding support for the
Transmission Main component of the Project. There are many conditions
to be fulfilled prior to submitting the "full application ".
Deport and Study phase services must be amended for additional
services.
4, Transportation Planning
a, Salt Storage Building
e T M still waiting for OW Fink to submit a lien welver prior to
recommending }payment of the 5% retainage.
Approve Map, Plan and Deport — Drake Road:
RESOLUTION 07 -6
RESOLUTION APPROVING FINAL MAP, PLAN AND REPORT, DECLARING
PUBLIC INTEREST, ADOPTING ORDER, ARID SCHEDULING PUBLIC
HEARING RE FORMATION OF C D EXTENSION # (DRAKE ROAD)
At a. Regular Meeting of the Yawn Board of the Town of Lansing held in and for
the Town of Lansing at the Lansing Town Hall on 21 st day of March, 2007, the
following members being present: Stephen Farkas, Supervisor, Francis Shattuck,
16
Douncilperson; Connie Wilcox, Councilperson; and Martin Christopher,
CounCilperson; and Matthew Besemer, Councilperson, having recused himself
and not having participated in discussion or voting hereupon; and the following
members being absent: none; and the following motion for a Resolution was duly
matte by motion of Connie Wilcox, and was duly seconded by Francis Shattuck;
and the vote was as follows: Steve Farkas - aye; Francis Shattuck -- aye, Connie
Wilcox — aye; Markin Christopher — aye; and the following Resolution therefore
passed 4 -0, and was duly adopted.
WHEREAS, the Developer of the Drake Road Subdivision, and other affected
and nearby residents, having petitioned for an extension of the Town of Lansing
Consolidated Dater District (the "CWD"), and the Lansing Town Board having
received input and assent to proceeding by the proposed affected property
owners for the establishment of a proposed CWD Extension covering a portion of
Drake Road in the Town of Lansing (dLCWD Extension 2 "), and it appearing that
the request is in compliance with required Town procedures, and
WHEREAS, the Town Board met with the affected residents to share information
received from the Town Engineer regarding a preliminary feasibility study, and
the Town having held public information sessions about the proposed district,
and the residents having indicated approval to proceed with the preparation of a
map, plan and report for the project, and
WHEREAS, the Town authorized the Town Engineer to prepare a Map, Flan and
Report ( "MPR"} for the proposed district by Resolution Number 07 =42 of February
22, 2007, and the Town Engineer having expressed no special concern other
than determining the EDU costs thereof, and said Engineer having completed the
MPR and having filed the same with the Town Clerk, which MPR contains a
description of the boundaries and conditions CWD Extension 2, and
WHEREAS, the expansion of the CWD into the affected areas is declared and
deemed to be in the public interest; and
WHEREAS, the Town desires to proceed towards establishment of CWD
Extension 1 pursuant to the provisions of Town Law Article 1 -A; and finds that
all proceedings to date have been in compliance therewith; and
WHEREAS, upon due deliberation upon the foregoing and the public interests to
be served and the properties to be benefited thereby, the Town Board of the
Town of Lansing has hereby
RESOLVED AND DETERMINED, the said MPR has been reviewed and deemed
pre lirninarily feasible, and that the MPR complies with the requirements of
Section 209 et seq. of the Town Law, and it is further
RESOLVED, that the Town desires to proceed towards establishment of CWD
Extension 2 pursuant to the provisions of Town Law Article 1 -; and finds that
all proceedings hereunder to date have been in compliance therewith; and it is
further
RESOLVED, that a Public Hearing be and hereby is set for 5:15 p - m- upon April
18, 2007 at the Lansing Town Hall, 29 auburn load, Lansing, New York, and to
thereat heir all persons interested in the subject thereof, and to take such action
thereon as is required or permitted. by law; and it is further
RESOLVED, that the Town Board hereby adopts an Order pursuant to Town Law
§209 -d as follows.
(1 The boundaries of the proposed district are inclusive of the following
tax parcel numbers, and the assessment reap and property
descriptions therefor, as are on file with the Tompkins County Clerk's
17
Mil
Oice, are expressly incorporated herei
ff n: 31,w�3; 31. - -4; 31. -6 -a; 35_-
3 -13.2; 35,- 3- 13.12; 37.1- 1 -1.1; 37,1- 1 -1,4; and 97_'1- 1 -1.5; all as
shown on the Map on file at the Town Clerk's Office, to which
reference is hereby made and which map is expressly herein
incorporated;
(2) The proposed improvements consist of the following estimated
quantities of materials: 1,210 linear feet of 8" ductile iron pipe; 1
Connection to are existing 8° main, 3 fire hydrant assernblies; 2 8" gate
valves; 5 13 service connections; 130 linear feet of copper servi
3/4 ce
tubing; 120 linear feet of 3 ° copper tubing to be bored /jacked under
highway; 60 linear feet of 1.5" copper service tubing, 1,5 service
tubing to be bored /jacked under public highway; and restoration of
lawns and asphalt pavement (3.5" depth, est. quantity 10 tons); all
designed to extend municipal water to all and each parcel referenced
above from existing water mains adjacent to the proposed district,
() The estimated cost of the proposed improvements is $189,800, which
is the maximum amount proposed to be expended;
(4) The estimated cost of hook -up fees is $3,482,00 {Bolton Point
connection fee of $250.00 + 3" meter at $62,00 + Inspection fee of
$170,00 + 1 '" service line extension from curb box to dwelling at
approximately $30 per linear foot with an average estimated distance
of 100 feet � $3,000,00 };
(5) The proposed method of financing the improvements is through the
issuance of a 0 -year serial bond(s) at an estimated interest rate of
5.5 %, with an estimated annual EDU capital cost of $526.00, with
annual operation and maintenance costs to be reflected in quarterly
water consumption bills, the annual average costs thereof based upon
typical one and two family home users in this proposed district to be
$132.00, for a total first year's cost of $658,00;
(6) The Flap, Plan and Report are on file for public review and inspection
at the Office of the Town Clerk;
(7) A public hearing upon such proposed district will be held at 8:15 p.m,
upon April 18, 2007 at the Lansing Town Hall, 20 Auburn Road,
Lansing, New fork, and to thereat hear all persons interested in the
subject thereof, and to take such action thereon as is required or
permitted by law, and
(8) The Map, Plan and Deport describes in detail how the financing, hook-
up costs, and other costs and expenses, were estimated and
computed;
and it is further
RESOLVED, that the Town Clerk of the Town of Lansing, Tompkins County, New
York, is hereby authorized and directed to cause a copy of this Resolution and
Order to be published in the Town's official newspaper not less than 10 nor more
than 20 days before such public hearing, and posted on the Town's official
signboard not less than 10 nor more than 0 days before such public hearing.
EQR: Unlisted fiction
Authorize Map, Plan and Report — Quigley:
RESOLUTION 0763
RESOLUTION AUTHORIZING PREPARATION OF MAP, PLAN AND REPORT
FOR CONSOLIDATED WATER DISTRICT EXPANSION FOR QUIGLEY
CONNECTION TO AND ENTRY INTO THE CONSOLIDATED WATER
DISTRICT
At a Regular Meeting of the Town Board of the Town of Lansing held in and for
the Town of Lansing at the Lansing Town Hall on 21 st day of March, 2007, the
following members being present: Stephen Farkas, Supervisor; Francis Shattuck,
ig
7
ouncilperson; Connie Wilcox, CounCi 1personI Markin Christopher,
ouncilperson; and Matthew Besemer, Douncilperson; and the following
members being absent: none; and the following motion for a Resolution was duly
made by motion of Connie Wilcox, and was duly seconded by Matthew Besemer;
and the vote was as follows: Steve Farkas - aye; Francis Shattuck — aye; Connie
Wilcox aye; Martin Christopher — aye; Matthew Besemer - aye; and the
following Resolution therefore passed 5-0, and was duly adopted:
WHEREAS, the Quigle 's (T.P, 4,- 1- 17,10, 26 Lake Shore Road) currently
receive water from the Town of Lansing Consolidated Water District ("CWD") by
virtue of a connection across lands to Old Byers Road and have requested a
new connection point and inclusion in the VVD,- and
WHEREAS, the existing line is leaking and needs to be replaced, but a closer
and newer service connection point exists along Lake Shore Road; and
WHEREAS, , the Quigley property needs to formally enter the CWD in relation to
such re- connection; and
WHEREAS, such expansion of the CWD is deemed to be in the public interest;
and
WHEREAS, upon consideration and deliberation upon the same, the Town Board
of the Town of Lansing has hereby
RESOLVED, that the Town Board of the Town of Lansing hereby directs the
Town Engineer to proceed with the preparation of a map, plan and report for the
establishment of the proposed extension of, and boundary line change for, the
CWD to the Quigley property; and it is further
RESOLVED that the cost of such map, plan and report are authorized in an
amount not to exceed $1,0 0.00; and it is further
RESOLVED, that this Resolution is subject to a permissive referendum as
required under Town Law_
SEAR: Unclassified Action
USDA Rural Development A lication s :
RESOLUTION 1137=64
RESOLUTION AUTHORIZING USDA RURAL DEVELOPMENT
APPLICATION(S)
At a Regular Meeting of the Tow
the Town of Lansing at the Lans
following members being present
Uouncilperson; Connie W11(
Councilperson; and Matthew
members being absent: none; an
made by motion of Francis Shaft
i Board of the Town of Lansing held in and for
ng Town Hall on 21st day of March, 2047, the
Stephen Farkas, Supervisor; Francis Shattuck,
ox, Councilperson; Martin Christopher,
3esemer, Councilper on, and the following
I the following motion for a Resolution was duly
lck and WAA d1J1 r cPrnrei =rf hvi rnrnri1,= tinr�i^,%L.-
and the vote was as follows, Steve Farkas - aye; Francis Shattuck — aye; Connie
Wilcox — aye; Martin Christopher — aye, Matthew Besemer - aye; and the
following Resolution therefore passed 5wO, and was duly adopted:
19
L16 961
WHEREAS, the Town continues to apply for funding for the proposed Sewer
District, and in furtherance thereof, the Town has or will make application to and
through the USDA Rural Development program for funding; and
WHEREAS, such application requires that certain persons be designated and
authorized to execute and process applications bye for, and in the name of the
Town; and
WHEREAS, upon consideration and deliberation upon the same, the Town Board
of the Town of Lansing has hereby
RESOLVED, that Stephen Farkas, Town Supervisor and /or Francis Shattuck,
Deputy Town Supervisor, be and each are hereby authorized to prepare,
negotiate, and execute such USDA/Rural Development applications and other
documents bar, for, and in the narne of the Town of Lansing, as they deem
necessary or desirable.
SEQRAI Type II Action
HIGHWAY DEPARTMENT'S REPORT:
Letter from a resident in Cayuga Heights%
Mr_ French informed the Board that he had a resident of Cayuga Heights
complain because she wants pure salt and not the mixed sand and salt. Mr.
French will have her contact the Village of Lansing as the Village contracts with
the Town, This was the only complaint Mr, French has received this gear_
Town Hall Parking Lot:
h11r, French will bring a quote to the Board at the next meeting to have the
Town Hall parking lot resurfaced,
Cate at entrance to UC Point (Salt Point):
The gate is completed and is 20 feet wide. Mr. French felt two ( ) stop
signs should be placed on it as it is green in color and needs something
reflective_ Stop signs would be the most inexpensive way to go,
Wafter Main Breaks:
There has been three {} water main breaks_ Two were in the Village and
there was a big one in the Town In front of the Gossett Center.
Log Cabin in Auburn:
Mr. French, Mike Mill iman and Charlie Purcell visited the log cabin to see
what shape it was in. Mr. French reported that there are two big hokes in the roof
and that nothing inside the cabin is original. He did feel that the outside logs were
the original ones.
PARKS AND RECREATION DEPARTMENT REPORT:
Mr, Colt went over the following with the Board.
Parks & Recreation Department
3121107
Town Board Meeting
RECREATION
0
M
The LBP Baseball and L P Softball program registration period will soon
be concluded, We anticipate having over 300 girls and boys participating
in the baseball and softball programs this spring. Currently we are
completing reminder phone calls to players that are still eligible to play but
have riot registered yet. Our total size will be smaller this year than in the
past due to smaller class sizes. Coaches will be contacted and recruited
next week and in 2 weeks teams will be selected. We will again be
conducting our preseason coach's clinics for our coaches_
• In preparation for our summer programming, most of our program
directors have been contacted to update offerings for this season, We
hope to have information edited and returned to us so that the °Summer
Program Booklet" can be compiled by mid April_ We will again do all of
the printing "in- house ",
Currently we are also registering for our Horse Riding and Handling
Camp, Ongoing adult programs include Step Aerobics, Yoga, and Open
Swim_
• Certificates of insurance per NYMIR — As per NYMIR's advice, we have
put certain large groups on notice that rent pavilions that we now require a
certificate of insurance naming the Town Of Lansing additionally insured.
We were also told that non program groups that use the athletic fields
would aJsc need to supply certificates,
PARS
• Last week when the lake level was as low as it has been in a very long
time, we were able to clear a lot of debris out of the swim area. The tuning
was great because the next day the lake had risen to a point where the
debris would actually have been in the water.
• Several large, leaning, decayed and unsafe trees were taken down thanks
to the highway department. Included was the tree located where the
bandstand /gazebo will eventually be located_
• The summer concert line up is now official and cornplet, I have attached
the listing to these notes_
• I have also included the '07 Parks l=ee Schedule_ Pricing was increased
last season and will remain the same for 2007_ Marina pricing will be
revisited next year as 2008 will be the start of a new 3 year term using a
lottery to make placements.
• Campers at Myers Park will now have the option for trash pick up once per
week from Superior. Campers may purchase color coded bags for this
service_
PLANNING DEPARTMENT' REPORT:
Darby Ailey went Dver the following with the Board:
F
Plann i n g Department Deport
Town Board fleeting
March 21, 2007
nation ODD
* Deb Caraco will be presenting to the `1'own and Plaruling 1� {�ards on March 26 at
i;QO
21
NEI
• Technical staff training forall of Tompkins County on April 16 from 5:30 -1:30 at
Brooktondale Fire Hall
Below are proposed changes (in red) -to the Land Use Ordinance but it was decided at the
meeting that these will wait-until other changes are made.
Land Use Ordinance .Short -term Issues
Site Plan Revicw for Single Family homes and Mobile Homes
Under Current Town of Lansing Land Use Ordinnance Single Family hornes (one -fari lv
dwelIh s) are required to go through Site Plan Review in the B1 and B2. Districts, bul.
permitted 111 all other districts. The Planning Department requests that this Special
Condition (Site Plan 1Ri vlew) be waived Lender advisement c the Code 2-nforcern en t
Officer as this is an extra financial burden for single family home builders, they are made
aware that they are building in a business district, and currently in these distriw the
majority use is single family dwellings,
Uaider Current Town of Lansing Land Use Ordinance, 111obile honlies are required to co
through Site Plan 1Review in the L 1 and R3 distri0% but permitted in all other districts,
Section 802-2 states that Mobile Hone D)�%ellings are "permitted when it can be sown
that such mobile home complies with the current NYS Uniform Fire Protection and
Building Code." The Planrning Department requests that this Special Condition (Site Plan
Review) be waived for R3 (only) under adv1sement o IF the Code Enforceinent Officer as
this is an extra burden for home owners trying to "build" affordably in the Town.
In Appendix III: Junk Storage Ordinance
Article B: Definitions
Junk Vehicles
As currently written:
Tulare than one (1) or more unregistered, old, secondhand motor vehicle, no longer
intended or in condition for legal use on the public highways, or used parts or waste
materials From motor vehicles which, taken together, equal in bulk more than one (l )
such vehicle- A vehicle is considered junked when it meets all of the following
conditions:
1) It is unlicensed.
2) it is either abandoned, Necked., stored, discarded; disirr ant Ied, or pardy
dismantled.
13 1t is nut in ally c,cond11.1on Tor legal use upon the public Ili gh ways
-
Junkyard
1 More than 1 junk motor vehicle
2) One or amore junk mobile home
3) Three or more abandoned or inoperable appliances
4) Three or more abandoned or irreparably damaged pieces o f indoor furniture - -
5) Any combination of the above that totals more than five {5) items.
The I'lamm-ng Department requests that in 95 above, ftj WNW number be- reduced ftoixl
five (5) to three (i).
After some discussion it was decided that nothing will be done at this time
regarding the Junk Yard Ordinance.
Mrs. Wilcox asked Nis. Kiley if, from now on, she would rneet with the
Planning Department and/or the ZBA before an open meeting to explain the area
to be discussed at the open meeting, Mrs. Wilcox stated that at times, they do
not Know what area is being discussed when they are at the meetings. Ms. Kiley
said she would.
Approve Public Hearing for Lauxun Special Use Permit:
RESOLUTION 07 =66
RESOLUTION SCHEDULING PUBLIC HEARING AND SEQRA HEARING FOR
LAU UN SPECIAL USE PERMIT APPLICATION
22
71
i
At a Regular Meeting of the Town Board of the Town of Lansing held in and for
the Town of Lansing at the Lansing Town Hall on 21st day of March, 2007, the
following members being present; Stephen Farkas, Supervisor; Francis Shattuck,
Councilperson; Connie Wilcox, ouncilperson; Martin Christopher,
ouncilperson; and Matthew Besemer, Councilpersong, and the following
members being absent: none; and the following motion for a Resolution was duly
made by motion of Matthew Besemer, and was duly seconded by Connie lilcox;
and the vote was as follows: Steve Farkas - aye; Francis Shattuck — aye; Connie
Wilcox — aye; Martin Christopher — afire; Matthew Besemer - aye; and the
following Res oIution therefore passed 5 -0, and was duly adopted;
WHEREAS, Applicants Steve Lauzun and Diane Lau un have submitted an
application for consideration and requested approval from the Lansing Planning
Board and Town Board for a Special Use Permit and approval of a Site Plan
seeking to expand the facility of their Parkitects, Inc. business office space
located at 138 Ludlowville Road, Lansing, New York, otherwise known as Tax
Map No. 0, -515, and have now applied for a Special Use Permit allowing Light
Commercial Use on the site; and
WHEREAS, the site includes a residential rental structure and is currently zoned
R2 Residential, and the applicants received a prior approval from the Town
Board for a Special Use Permit on April 18, 2003 permitting the applicants the
Special Use for a Professional Office in an existing residential Building, so that
the applicants could operate their home architectural business on the site, said
permit being made upon the recommendation of the Planning Board on April 14,
2003 and included the conditions and findings of the Planning Board which found
that the special use would not have an adverse effect on the neighborhood or
its characteristics, and further imposed the limiting condition that the Special Use
Permit would only be in effect for the site so long the applicants operated their
Parkitects, Inc. business thereon and would terminate upon any sale of the
property; and
WHEREAS, the applicant's business, Parkitects, Inc., has steadily grown such
that the applicants seeks to expand their staff and office space and to utilize the
entire building on the site for their commercial business, and now seen approval
to combine the two second -story units of the building so as to accommodate
growing space requirements for their business, and further plan to cease the
current residential use of the residential rental unit now on the site and to instead
incorporate that por#ion of the building structure into additional office space for
their business; and
WHEREAS, the Planning Board has considered and carefully reviewed the
application for special use permit and site plan review at the Town of Lansing
Planning Board meeting on March 12, 2007 and has carefully reviewed the
requirements of the Town's Laws relative to special use permits, site plan review,
and the unique needs of the Town due to the topography, the sail types and
distributions, and other natural and man made features upon and surrounding the
area of the proposed Site Plan and applied use permit, and the Planning Board
has also considered the Town's Comprehensive Plan and compliance therewith;
and
WHEREAS, the Planning Board has further reviewed the application in
accordance with the Town of Lansing Land Use Ordinance Section 803,21 and
Section 701 et sequence, including concerns addressing topography, site
lighting, landscaping, hours of operation and storrnater drainage and erasion
control, parking, fencing and screening, and any potential on and off site
environmental impacts, and
WHEREAS , the Town Board is charged with the final determination of an
application for special use permit pursuant to the Town of Lansing Land Use
Ordinance Section 8081, and the Town of Lansing Planning Board determined
on March 12, 2007 to make a recommendation to the Town Board that the
7
application special use permit allowing light commercial use an the site be
granted so long as (1) the applicants own the property and continue to operate
their Parkitects, Inc. business thereon, and ( ) said special use permit would
expire upon any future sale of the property and shall not run with the land in
perpetuity, ( ) the Permit be valid for only 3 years, but be subject to renewal, (4)
permitted signage of no greater than 18" x 24" and mounted to the building
structure or deck rail only, (5) no manufacturing or fabrication allowed — business
office purposes only, () maximum multi -axle vehicle deliveries of 2 per week, (7)
regulation of lighting locations with automatic shut -offs to reduce glare and light
pollution, and (8) subject to approval of Counter Health Department approval; and
WHEREAS, the Town Board has duly considered the recommendation of the
Planning in accordance with the provisions of the Town of Lansing Land Use
Ordinance Section 808.0 et sequence; and
WHEREAS, upon due consideration and deliberation by the Town Board, The
Town Board of the Town of Lansing has hereby
RESOLVED AND DETERMINED, that
1_ This action is classified as an Unclassified action,
26 The Town Board of the Town of Lansing proposes to be the
Lead Agency for environmental review, subject to
coordinated review with the Town Planning Board, and any
request for independent or coordinated review by any
Involved or Interested Agency, as applicable;
_ The Involved Agency is the Town of Lansing Planning
Board;
4_ The Interested Agency is determined to- be the Tompkins
County Planning Department;
and it is further
RESOLVED, that the Town Board of the Town of Lansing be and hereby is
declared to be the Lead Agency, subject to coordinated review with the Town of
Lansing Planning Board; and it is further
RESOLVED, that a Public Hearing will be held at the Lansing Town Hall, 29
Auburn Road, Lansing, New York, being in the Town of Lansing on the 1 8th day
of April, 2067, at 6 =80 o'clock P-M., to consider a SEQ A review of the
environmental impacts of the proposed Special Use Permit, and to hear all
persons interested in the subject thereof, and to take such action thereon as is
required or permitted by law; and it is further
RESOLVED, that a Public Hearing will be held at the Lansing Town Hall, 29
Auburn Road, Lansing, New York, being in the Town of Lansing, on the 18th day
of April, 2007, at 6:40 o'clock P.M., to consider the special use permit to allow
light commercial use on the site and to consider a final determination of the
application pursuant to Town of Lansing Land Use Ordinance Section 863.3 et
seq, and to hear all persons interested in the subject thereof, and to take such
action thereon as is required or permitted by law, and it is further
RESOLVED, that the Town Dlerk of the Town of Lansing, Tompkins County, New
York, is hereby authorized and directed to cause a copy of this Resolution to be
published in the official newspaper of the Town of Lansing, and also to post a
copy thereof on the Town signboard maintained by the Town Clerk, in accord
with law_
SEQRA: Unclassified Action
APPROVE AUDIT:
RESOLUTION NO. 07 — 66
4
u
RESOLUTION, offered by Mrs, Wilcox and seconded by Mr, Christopher;
RESOLVED, that the bookkeeper is here authorized and directed to pair
the following bills;
CONSOLIDATED ABSTRACT # 003
DATED
3/21/07
AUDITED VOUCHER #3s 181 ° 278
PREPAY VOUCHER 's 181 - 183
FUND
APPROPRIATIONS
GENERAL FUND
MV ; "r T1sI V � M1 1 P► f ■7
LANSING LIGHTING
LANSING WATER DISTRICTS
CHERRY ROAD SEWER
TRUST & AGENCY
SALT POINT PROJECT � NYS GRANT
Vote
of
Town
Board
Vote
of
Town
. .
Board - -
Vote
of
Town
Board
Vote
of
Town
Board
Vote of Town Board , .
APPROVE MINUTES:
TOTAL
68,289.14
152 -50
4,131,95
573.88
38,070 -39
(Aye) Matt Besemer, Councilperson
(Aye) Marty Christopher, Councilperson
(Aye) Bud Shattuck, Councilperson
(Aye) Donnie VVilco , ouncllperson
(Are) Stephen Farkas, Supervisor
0 -00
copy of the minutes of February 22, 2007, having been furnished to the
Board Members beforehand, the Supervisor asked for a motion to make
corrections or to accept the same as submitted.
RESOLUTION NO, 07 � 67
RESOLUTION, offered by Mr. Christopher and seconded by Mr. Besemer-
RESOLVED, that the minutes of February 2, 2007 are herby approved
as submitted-
Vote
of
Town
Board
Vote
of
Town
,
Board ,
Vote
of
Town
Board .
Vote
of
Tory
Board .
Vote
of
Town
Board -
(Aye) Matt Beserner, Councilperson
(Aye) Marty Christopher, Councilperson
. (Aye) Bud Shattuck, Councilperson
(Aye) Connie Wilcox, Councilperson
(Aye) Stephen Farkas, Supervisor
5
7
rK
Allow County to use Town Building for Elections:
RESOLUTION 07=68
RESOLUTION AUTHORIZING USE OF TOWN HALL
FOR PRIMARY AND GENERAL ELECTION
At a Regular Meeting of the Town Board of the Town of Lansing held in and for
the Town of Lansing at the Lansing Town Hall on 21 st day of March, 2007, the
following members being present, Stephen Farkas, Supervisor; Francis Shattuck,
Councilperson; Connie Wilcox, Councilperson; Martin Christopher,
Councilperson, and Matthew Besemer, Councilperson; and the following
members being absent: ,lone; and the following motion for a Resolution was duly
made by motion of Francis Shattuck, and was duly seconded by Corm Wilcox;
and the vote was as follows: Steve Farkas - aye; Francis Shattuck — aye; Connie
Wilcox — aye; Martin Chri
stopher — aye; Matthew Besemer aye, and the
following Resolution therefore passed 5 -0, and was duly adopted:
WHEREAS, The County Beard of Elections has again requested the use of the
Town Hall as a polling place for the upcoming primary election (September 11,
2007) and general election (November 6, 2007); and
WHEREAS, such use is deemed in the interests of the public and the Town, and
upon deliberation thereupon, it is hereby
RESOLVED, that the Town hereby approved the use of the Town Hall as a
palling place for the primary and general elections.
SEQRAN Type II Action
BUDGET MODIFICATIONS:
RESOLUTION 07 -69
RESOLUTION, offered by Mr. Christopher and seconded by Mr. Shattuck;
RESOLVED, that the bookkeeper is hereby authorized and directed to
make the following budget modifications:
PROM TO FOR AMOUNT
B8010.200 88010.400 Zoning Equipment to Zoning Contractual 623.80
Al 990,400 A7110,400 From Contingency to Parks Contractual 3,000.00
SS3- 8110.401 SS3- 6110.400 From Sewer Engineer to Sewer Admin. Join ewer2,000,00
Vote
Vote
Vote
Vote
of
of
of
of
Town
Town
Town
Town
Board .
Board .
Board ,
Board .
Mote
of
Town
Board ,
(Aye) Matt Besemer, Councilperson
(Aye) Marty Christopher, Councilperson
(Aye) Bud Shattuck, Councilperson
. , (Aye) Connie Wilcox, Councilperson
.. (Aye) Stephen Farkas, Supervisor
TOWN COUNSEL REPORT:
Ansbro Petroleum Lease;
Mr, Krogh has looked over the lease and felt it needed some work. He will
make changes and get back to the Board with them.
Back Billing later Customers:
2
The Town Clerk stated that she received a phone call from a resident who
was very upset as she received a bill from Bolton Point, which stated in it that it
was per the Town of Lansing's request, The bill was for pest water used but not
billed correctly,
Mr, Krogh stated the Bolton Point could do as it felt legal and proper, and
that Bolton Point, if it was owed money for water delivered, probably could
recovered for the same, much as any other utility provider can charge -back if
they discover that a user had been under billed. However, whether Bolton point
could do this, and how far back they could legally go, were legal questions that
Bolton Point had to answer. As far as the Town, the open question is the
Consolidated Water District assessment of 150.00 per EDU per gear_ Based
upon the law (mainly Town Law and the Real Property Tax Law) and discussion
with ORP , the Town could not 'charge back' for past tax years that were closed,
but could adjust the current tax assessment rolls to fix any errors in the 2007
tax/assessment rolls. That ability, by law, applies only to the current tax year, as
past tax years are "closed".
BOARD MEMBER REPORTS:
MATT BESEMER:
Nothing to report at this time.
MARTY CHRISTOPHER.
Nothing to report at this time,
ONNIE WILCOX:
She gave Mr. Farkas the Fire Department's Audit to file.
LU A Seminar.
Mrs. Wilcox attended a seminar regarding the 2010 census. In July and
August, invitation letters will be sent out to elected officials_ The Town clerk will
help with putting together the material that is needed-
Lansing Housing Authority:
They are still working on a memorial garden in memory of Bob Baker.
BUD SHATTU K.
Water Resource Committee:
The County has received a grant for $100,000,00 to work in conjunction
with the Town of Lansing for the Ludlowville area. Kate Hackett will be leaving in
July but will be in charge of the grant project until that time.
STEVE FARKA:
Congressmen Michael Arcuri:
` Mr, Farkas reported that Congressmen Arcuri's Office (Robert Messenger
and Patrick Smith) held office hours at the Town Hall on March 2 Ooh, 2007. If this
works out, they will plan to hold ' "office hours" on a regular basis at the Town Hall,
Mr. Farkas is hoping for better advertising to let people know when they will be
here,
Albany Trip:
27
7
76
n March 27, 2087, Mr, Farkas and five others go to Albany and sit in on
meetings. Mr. Farkas offered to take any complaints and/or concerns from the
town's people with him if they get to him by Monday.
RESOLUTION 07 — 70
RESOLUTION, offered by Mrs. W1 and seconded by Mr, Besemer:
RESOLVED, that Regular Meeting is hereby adjourned to go into
Executive Session at 835 p.m, to discuss a personnel matter and a possible
litigation matter.
Vote of Town Board , . , (Aye) Matt Beserner, Councilperson
Vote of Town Board , .. (Aye) Marty Christopher, Cou ncilpvson
Vote of Town Board , .. (Aye) Bud Shattuck, Uaunciiperson
Vote of Town Board , .. (Aye) Connie Wilcox, Councilperson
Vote of Town Board , .. (Aye) Stephen Farkas, Supervisor
RESOLUTION 07 — 71
RESOLUTION, offered by Mr, Besemer and seconded b y Mr, Christopher:
RESOLVED, that the Executive Session is hereby terminated and the
Regular Meeting reconvened at 9:35 P.M.
Mote
Vote
of
of
Town
Town
Board.
Board _
Moto
Vote
of
of
Town
Town
Board.
Board _
Vote
of
Town
Board .
. (Aye) Matt Besemer, Councilperson
(Aye) Marty Christopher, Councilperson
(Aye) Bud Shattuck, Councilperson
(Aye) Connie Wilcox, Councilperson
(Aye) Stephen Farkas, Supervisor
RESOLUTION QT — 7
RESOLUTION, offered by Mr. Shattuck and seconded by Mr. Besemer.
RESOLVED, that the Regular Meeting is hereby adjourned at the call of
the Supervisor at 9:36 p.m,
Vote of Town Board . , _ (lye) Nutt Besemer, ouncilperson
Vote of Town Board . , . (Aye) Marty Christopher, Councilperson
Vote of Town Board . , . (Aye) Bud Shattuck, Councilperson
Vote of Town Board . , . (Aye) Connie Wilcox, Councilperson
Vote of Town Board . _ . (Aye) Stephen Farkas, Supervisor
Minutes taken and executed by the Town Clerk.