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HomeMy WebLinkAbout2019-01-02TB 1-2-19 Page 1 of 24 TOWN OF DRYDEN TOWN BOARD MEETING January 2, 2019 Present: Supervisor Jason Leifer, Cl Kathrin Servoss, Cl Alice Green, Cl Linda Lavine Absent: Cl Daniel Lamb Elected Officials: Bambi L. Avery, Town Clerk Other Town Staff: Ray Burger, Director of Planning Ryan McHugh, Supervisor’s Secretary Supv Leifer called the meeting to order at 5:35 p.m. Ray Burger presented an amendment to the town’s Telecommunications Tower Siting Law (attached). The board set a public hearing on adoption of that proposed local law for January 17, 2019 at 7:00 p.m. Supv Leifer asked whether an application has been received to reopen the Special Use Permit in connection with the Lee Road matter. R Burger stated no application has been received. RESOLUTION #1 (2019) – RULES OF PROCEDURE Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board use Town Law Section 63. That section reads as follows: “The supervisor, when present, shall preside at the meetings of the town board. In the absence of the supervisor, the other members shall designate one of their members to act as temporary chairman. A majority of the board shall constitute a quorum for the transaction of business, but a lesser number may adjourn. The vote upon every question shall be taken by ayes and noes, and the names of the members present and their votes shall be entered in the minutes. Every act, motion or resolution shall require for its adoption the affirmative vote of a majority of all the members of the town board. The board may determine the rules of its procedure, and the supervisor may, from time to time, appoint one or more committees, consisting of members of the board, to aid and assist the board in the performance of its duties.” 2nd Cl Lavine Roll Call Vote Cl Lavine Yes Cl Green Yes Cl Servoss Yes Supv Leifer Yes RESOLUTION #2 (2019) – OFFICIAL ADVERTISING Supv Leifer offered the following resolution and asked for its adoption: TB 1-2-19 Page 2 of 24 RESOLVED, that this Town Board designate The Ithaca Journal as the official newspaper of the Town of Dryden for the year 2019. 2nd Cl Green Roll Call Vote Cl Lavine Yes Cl Green Yes Cl Servoss Yes Supv Leifer Yes RESOLUTION #3 (2019) – DESIGNATE OFFICIAL DEPOSITORIES Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that the Town Board designate The First National Bank of Dryden and the Tompkins Trust Company as the official depositories for the Town of Dryden for the year 2019. 2nd Cl Servoss Roll Call Vote Cl Lavine Yes Cl Green Yes Cl Servoss Yes Supv Leifer Yes RESOLUTION #4 (2019) – APPOINTMENTS Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby makes the following appointments: ▪ Bambi L. Avery as Receiver of Taxes and Assessments. ▪ Bambi L. Avery as licensor for Games of Chance and Bingo. ▪ Town Supervisor has the power and duties of administration and supervision of the Town of Dryden Special Improvement District functions to be performed on behalf of the Town Board ▪ Town Supervisor has the power and duties of administration and supervision of the Town of Dryden on Special Assessment Fund functions to be performed on behalf of the Town Board. 2nd Cl Green Roll Call Vote Cl Lavine Yes Cl Green Yes Cl Servoss Yes Supv Leifer Yes RESOLUTION #4 (2019) – AUTHORIZATIONS Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby authorizes the following individuals to sign on Town of Dryden accounts: Jason Leifer, Bambi L. Avery, Lee Ann Parker, and Chrystle Terwilliger, and further RESOLVED, that this Town Board authorizes the Supervisor to pay in advance of the audited claims the utility bills, any sewer/water district payments, and postage cost for TB 1-2-19 Page 3 of 24 purpose of mailing tax bills, all claims to be presented at the next regular board meeting, and further RESOLVED, that this Town Board authorize a petty cash fund for the Town Clerk not to exceed $200.00, and Receiver of Taxes and Assessments not to exceed $200.00, as needed for postage, and Justice's petty cash fund not to exceed $100.00, and for the Recreation Department not to exceed $200.00 for the year 2019, and further RESOLVED, that mileage will be paid to Town officials and employees when using their own car for official town business (other than town meetings or travel to and from the job site) at the rate set by the Internal Revenue Service and Treasury Department, and further RESOLVED, that the annual salaries for Town Officers as stated in the 2019 General Town Budget be as follows: Supervisor $27,000.00 Councilperson (4) $30,00.00 ($7,500.00 each) Town Clerk $35,000.00 Highway Superintendent $73,107.00 Town Justice $43,106.00 ($21,553 each) Deputy Supervisor $1,500.00 And the Supervisor is authorized to pay the above salaries, and further RESOLVED, that the Town Board does hereby adopt the 2019 wages that were discussed and agreed upon during the budget process, and furt her RESOLVED, that the Justices be authorized to attend training schools during the year and will be reimbursed for actual expenses, and further RESOLVED, that because the Highway Superintendent, Deputy Highway Superintendent, and Assistant Superintendent of Public Works are on call 24 hours a day, seven days a week, the Dryden Town Board authorizes the use of town vehicles clearly marked with the Town of Dryden logo for travel to and from work, provided they are not used for personal use, and further RESOLVED, that this Town Board authorize the Town Supervisor to write to the New York State Office of the State Comptroller and request a 60 day exte nsion for the filing of the 2018 annual update document, if necessary. 2nd Cl Servoss Roll Call Vote Cl Lavine Yes Cl Green Yes Cl Servoss Yes Supv Leifer Yes RESOLUTION #5 (2019) – APPOINTMENTS AND AUTHORIZATIONS Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board appoint the following: ▪ TG Miller Engineers & Surveyors as Town Engineer ▪ True, Walsh & Sokoni as Town Attorneys ▪ Jennifer Case as Bookkeeper TB 1-2-19 Page 4 of 24 ▪ Jason Leifer as Budget Officer ▪ Bambi L. Avery as Marriage Officer for a term to expire December 31, 2019. 2nd Cl Green Roll Call Vote Cl Lavine Yes Cl Green Yes Cl Servoss Yes Supv Leifer Yes RESOLUTION #6 (2019) – PLANNING BOARD APPOINTMENTS Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby reappoints Craig Anderson to the Planning Board for a term to expire December 31, 2024, and James Skaley to serve as alternate to the Planning Board for 2019, and John Kiefer as Chair of the Planning Board for 2019. The Chair will be paid an annual stipend of $500.00. 2nd Cl Lavine Roll Call Vote Cl Lavine Yes Cl Green Yes Cl Servoss Yes Supv Leifer Yes RESOLUTION #7 (2019) – CONSERVATION BOARD APPOINTMENT Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby appoints Robert Beck, Peter Davies, Timothy Woods, Anne Clark and David Wilson to the Conservation Board with terms to expire December 31, 2021, and Milo Richmond to serve as alternate for 2019. 2nd Cl Green Roll Call Vote Cl Lavine Yes Cl Green Yes Cl Servoss Yes Supv Leifer Yes RESOLUTION #8 (2019) – APPOINT DRYDEN RECREATION & YOUTH COMMISSION MEMBERS Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby Rhonda Kowalski and Patrick Brunner to the Recreation & Youth Commission for terms to expire December 31, 2021. 2nd Cl Green Roll Call Vote Cl Lavine Yes Cl Green Yes Cl Servoss Yes Supv Leifer Yes RESOLUTION #9 (2019) – APPOINT ZONING BOARD OF APPEALS MEMBERS Supv Leifer offered the following resolution and asked for its adoption: TB 1-2-19 Page 5 of 24 RESOLVED, that this Town Board hereby makes the following appointments to the Zoning Board of Appeals: Henry Slater for a term to expire December 31, 2023, and Jeffrey Fearn as Chair for 2019. The Chair will be paid an annual stipend of $500.00. 2nd Cl Green Roll Call Vote Cl Lavine Yes Cl Green Yes Cl Servoss Yes Supv Leifer Yes RESOLUTION #10 (2019) – AG COMMITTEE APPOINTMENTS Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby appoints Evan Carpenter and Steve Foote to the Agriculture Advisory Committee terms to expire December 31, 2021, and Evan Carpenter as Chair of the Committee. 2nd Cl Green Roll Call Vote Cl Lavine Yes Cl Green Yes Cl Servoss Yes Supv Leifer Yes RESOLUTION #11 (2019) – APPOINTMENTS Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby makes the following appointments: • Historian – Harry Weldon, to be paid an annual stipend of $500.00. • Fair Housing Officer – Ray Burger • Stormwater Management Officer – David Sprout • Zoning Officer – Ray Burger 2nd Cl Green Roll Call Vote Cl Lavine Yes Cl Green Yes Cl Servoss Yes Supv Leifer Yes RESOLUTION #12 (2019) – APPOINT FIRE WARDEN Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby appoints Patrick Brunner as Fire Warden and Steve Cortright as Deputy Superintendent of Fires. 2nd Cl Servoss Roll Call Vote Cl Lavine Yes Cl Green Yes Cl Servoss Yes Supv Leifer Yes TB 1-2-19 Page 6 of 24 RESOLUTION #13 (2019) – APPOINT DOG CONTROL OFFICERS Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby appoints Richard Leonard and Thelma Hefner to serve as Dog Control Officers. 2nd Cl Servoss Roll Call Vote Cl Lavine Yes Cl Green Yes Cl Servoss Yes Supv Leifer Yes RESOLUTION #14 (2019) – APPOINTMENTS Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby makes the following appointments: ▪ Tompkins County Council of Governments: Cl Lavine as representative and Supv Leifer as alternate. ▪ Greater Tompkins County Municipal Health Insurance Consortium: Kathrin Servoss as representative and Jennifer Case as alternate board member, and Kathrin Servoss as representative and Jennifer Case as alternate to the Joint Committee on Plan Structure and Design. ▪ Ithaca Tompkins County Transportation Council: Ray Burger as representative and Kathrin Servoss as alternative to the Planning Committee, and Kathrin Servoss as representative and Ray Burger as alternate to the Policy Committee. ▪ Southern Cayuga Lake Intermunicipal Water Commission: Jack Rueckheim and Supv Leifer ▪ Ithaca Area Wastewater Treatment Facility: Supv Leifer as representative and Cl Lavine as alternate ▪ Recreation Partnership: Cl Green 2nd Cl Servoss Roll Call Vote Cl Lavine Yes Cl Green Yes Cl Servoss Yes Supv Leifer Yes RESOLUTION #15 (2019) - CONTRACTS Cl Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the following contracts for the amounts indicated and authorizes the Town Supervisor to execute the same and pay under the terms of the contract: a. Dog Control Kennel ($39,129) b. Neptune Fire Department ($350,000) c. Freeville Fire Department ($172,900) d. Varna Fire Department ($275,000) e. Brooktondale Fire Department ($29,106) TB 1-2-19 Page 7 of 24 f. Dryden Ambulance ($432,770) g. Gadabout ($7,000) h. Dryden Seniors ($1,200) i. Southworth Library ($12,000) j. Dryden Town Historical Society ($1,100) k. Dryden Veterans Memorial Home, Inc. ($1,000) l. Community Science Institute ($10,550) m. Town of Caroline – Brooktondale Gauge Station ($2,650) n. Youth Services ($35,171) 2nd Cl Green Roll Call Vote Cl Lavine Yes Cl Green Yes Cl Servoss Yes Supv Leifer Yes RESOLUTION #16 (2019) – TOWN BOARD MEETING SCHEDULE Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that the Dryden Town Board will hold its abstract and agenda meeting on the second Thursday of each month at 6:00 p.m. and its regular business meeting on the third Thursday of each month at 6:00 p.m. at the Town Hall, 93 East Main Street, Dryden, except that the January 2019 meetings will be held at 7:00 p.m. 2nd Cl Lavine Roll Call Vote Cl Lavine Yes Cl Green Yes Cl Servoss Yes Supv Leifer Yes RESOLUTION #17 (2019) - VOUCHER/INVOICE SUBMISSION DEADLINES Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that vouchers/invoices shall be submitted to the Supervisor's Office for processing and payment ten days prior to the regularly scheduled board meeting each month as follows: Voucher/Invoice Submission Deadline Dates (by Noon) For Abstract Date: January 4, 2019 Thursday, January 10, 2019 February 4, 2019 Thursday, February 14, 2019 March 4, 2019 Thursday, March 14, 2019 April 1, 2019 Thursday, April 11, 2019 April 29, 2019 Thursday, May 9, 2019 June 3, 2019 Thursday, June 13, 2019 July 1, 2019 Thursday, July 11, 2019 July 29, 2019 Thursday, August 8, 2019 September 3, 2019 Thursday, September 12, 2019 September 30, 2019 Thursday, October 10, 2019 November 4, 2019 Thursday, November 14, 2019 December 2, 2019 Thursday, December 12, 2019 If any submission date above shall fall on a holiday the deadline will be the following day. TB 1-2-19 Page 8 of 24 Dates for submission of vouchers for abstract 13 to be determined; check with the bookkeeper toward the end of the year. 2nd Cl Servoss Roll Call Vote Cl Lavine Yes Cl Green Yes Cl Servoss Yes Supv Leifer Yes RESOLUTION #18 (2019) - INVESTMENT POLICIES/GUIDELINES FOR TOWN OF DRYDEN Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that the objectives of the Investment policy of the Town of Dryden are to minimize risk; to insure that investments mature when the cash is required to finance operations; and to insure a competitive rate of return. In accordance with this policy, the Supervisor is hereby authorized to invest all funds including proceeds of obligations and reserve funds in: - Certificates of Deposit issued by a bank or trust company authorized to do business in New York State; - Time Deposit Accounts in a bank or trust company authorized to do business in New York State: - Obligations of New York State; - Obligations of the United States Government; - Only reserve funds may be invested in Obligations of the Town of Dryden. All other Local Government officials receiving money in their official capacity must deposit such funds in negotiable order of withdrawal account s. All investments made pursuant to this investment policy shall comply with the following conditions: 1. COLLATERAL a. Certificates of Deposits shall be fully secured by insurance of the Federal Deposit Insurance Corporations or by obligations of New York State or obligations of the United States or obligations of federal agencies, the principal and interest of which are guaranteed by the United States, or obligations of New York State local governments. Collateral shall be delivered to the Town of Dryden or a custodial bank. The market value of collateral shall at all times equal or exceed the principal amount of the certificate of deposit. Collateral shall be monitored no less frequently than quarterly. b. Collateral shall not be required with respect to the direct purchase of obligations of New York State, obligations of the United States, and obligations of federal agencies the principal and interest of which are guaranteed by the United States Government. 2. DELIVERY OF SECURITIES a. Payment shall be made by or on behalf of the Town of Dryden for obligations of New York State, the principal and interest of which are guaranteed by the United States. United States Obligations, certificates of deposits, and other purchased securities upon delivery thereof to the custodial bank. All transactions shall be confirmed in writing. 3. WRITTEN CONTRACTS TB 1-2-19 Page 9 of 24 a. Written contracts may be required for the purchase of all certificates of deposit. 4. DESIGNATION OF CUSTODIAL BANK a. The First National Bank of Dryden and Tompkins Trust Company, both authorized to do business in the State of New York, and having an office for the transaction in the Town of Dryden, are designated to act as custodial banks of the Town of Dryden ’s investments. 5. FINANCIAL STRENGTH OF INSTITUTIONS a. All trading partners must be credit worthy. Their financial statements may be reviewed annually by the Supervisor to determine satisfactory financial strength or the Supervisor may use credit rating agencies to determine credit worthiness. b. Investments in time deposits and certificates of deposits are to be made with banks or trust companies. Their annual reports may be reviewed by the Supervisor to determine satisfactory financial strength. 6. OPERATIONS, AUDIT AND REPORTING a. The Supervisor or Deputy Supervisor shall authorize the purchase and sale and execute contracts for certificates of deposit on behalf of the Town of Dryden. b. At the time independent auditors conduct the annual audit of the accounts and financial affairs of the Town of Dryden, the independent auditors shall audit the investments of the Town of Dryden for compliance with the provisions of this investment policy. c. Within sixty (60) days of the end of each of the first three quarters of the fiscal year, the Supervisor shall prepare and submit to the Town Board a quarterly investment report, which indicates the new investments, the inventory of existing investments, and such other matters as the Supervisor deems appropriate. d. Within 120 days of the end of the fiscal year, the Supervisor shall prepare and submit to the Town Board an annual investment report; recommendations for change in these investment guidelines; the results of the annual independent audit, the investment income record; and such other matters as the Supervisor deems appropriate. At least annually, at the Organizational meeting of the Dryden Town Board, the board shall review and amend, if necessary these investment policies. The provisions of these Investment Guidelines and any amendments hereto shall take effect prospectively and shall not invalidate the prior selection of any Custodial Bank or prior investment. 2nd Cl Servoss Roll Call Vote Cl Lavine Yes Cl Green Yes Cl Servoss Yes Supv Leifer Yes RESOLUTION #19 (2019) – ADOPT PROCUREMENT AND PURCHASING POLICIES Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby adopts the Procurement and Purchasing Policies, as follows: Procurement Policy TB 1-2-19 Page 10 of 24 This resolution sets forth the policy and procedures of the Town of Dryden to meet the requirements of General Municipal Law, section 104-b. Purpose Goods and services that are not required by law to be procured pursuant to competitive bidding must be procured in a manner as to assure the prudent and economical use of public moneys in the best interest of the taxpayers; to facilitate the acquisition of goods and services of maximum quality at the lowest possible cost under the circumstances; and to guard a gainst favoritism, improvidence, extravagance, fraud, and corruption. To further these objectives, the governing board is adopting an internal policy and procedures governing all procurements of goods and services which are not required to be made pursuant to the competitive bidding requirements of General Municipal Law, section 103 or of any other general, special, or local law. Procedures for Determining Whether Procurements are Subject to Bidding The procedures for determining whether a procurement of goods or services is subject to competitive bidding and documenting the basis for any determination that competitive bidding is not required by law is as follows: Procedure: a. Each proposed purchase must be initially reviewed to determine whether it is a purchase contract or a public works contract. b. Upon determination, a good faith effort shall be made to determine whether it is known or can reasonably be expected the aggregate amount to be spent on the item of supply or service is not subject to competitive bidding, taking into account past purchases and the aggregate amount to be spent annually. c. The following items are not subject to competitive bidding pursuant to Section 102 of the General Municipal Law: purchase contracts under $10,000; public works contracts under $35,000; emergency purchases; goods purchased from agencies for the blind or severely handicapped; goods purchased from correctional institutions; purchases under State and county contracts; and surplus and second-hand purchases from another governmental entity. d. For purchases determined to be exempt from competitive bidding, documentation of this determination shall be provided in writing by the individual making the purchase. This documentation may include written or verbal quotes from vendors, a memo from the purchaser indicating how this determination was made, a copy of the contract indicating the source making the item or service exempt, a memo from the purchaser detailing the circumstances leading to an emergency purchase, or any other appropriate written documentation. e. This policy will apply to all equipment rentals made throughout the year. Statutory Exceptions from Quotations/Proposals Requirements of This Policy and Procedures Except for procurements made pursuant to General Municipal Law, section 103(3) (through county contracts) or section 104 (through State contracts), State Finance Law, section 162, Correction Law, sections 184 and 186 (from “preferred sources,” including articles manufactured in correctional institutions), or the items excepted herein (see below), alternative proposals or quotations for goods and services shall be secured by use of either written requests for proposals, written quotations, verbal quotations or any other method of procurement that furthers the purposes of the General Municipal Law, section 104-b. Methods of Competition to be Used for Non-Bid Procurements The methods of procurement to be used are as follows: TB 1-2-19 Page 11 of 24 The time and documentation required to purchase goods and services under $1,000.00 via this policy may be more costly than the item itself and would therefore not reflect the best interests of the taxpayer. In addition, it is not likely such de minimis contracts would be awarded based on favoritism. All goods and services subject to this procurement policy will be secured by use of written requests for proposals, written quotations, verbal quotations, or any other method which assures favoritism will be avoided and goods will be purchased at the lowest price, except in the following circumstances: purchase contracts over $10,000 and public works contracts over $35,000; which are required to be competitively bid. The following are the minimum requirements necessary for purchases and/or equipment rentals expected to exceed $1,000 in one year as required by this policy in order to achieve the highest savings: Amount of Purchase Contract or Rental (under $10,000) Method Under $2,500 No action required $2,501 - $4,999 2 Verbal quotations or catalog pricing AND obtain a Purchase Order from Bookkeeper $5,000 -$9,999 3 Written/fax quotations, or written requests for proposals or catalog pricings Estimated Amount of Public Works Contract (under $35,000) Method Under $2,500 No action required $2,501 - $9,999 2 Written/fax quotations $10,000 - $34,999 3 Written/fax quotations or written requests for proposals A good faith effort shall be made to obtain the required number of proposals or quotations. If the purchaser is unable to obtain the required number of proposals or quotations, he or she will document all attempts made to obtain proposals. Awards to Other than the Lowest Responsible Dollar Offerer Whenever any contract is awarded to other than the lowest responsible dollar offerer, the reasons that such an award furthers the purpose of General Municipal Law, section 104-b, as set forth herein above, shall be documented as follows: Documentation will include an explanation of how the awarded contract will achieve savings or how the lowest bidder was not responsible. Determination of a bidder being declared not responsible shall be made and documented by the purchaser. Items Excepted From This Policy and Procedures by the Board TB 1-2-19 Page 12 of 24 The board sets forth the following circumstances when, or types of procurements for which, in the sole discretion of the governing body, the solicitation of alternative proposals or quotations will not be in the best interest of Town of Dryden. a. Professional services or services requiring special or technical skill, training or expertise. The individual or company must be chosen based on accountability, reliability, responsibility, skill, education and training, judgment, integrity, and moral wort h. These qualifications are not necessarily found in the individual or company offering the lowest price and the nature of these services is such that they do not readily lend themselves to competitive procurement procedures. In determining whether a service fits into this category the Town Board shall take into consideration the following guidelines: (a) whether services are subject to State licensing or testing requirements; (b) whether substantial formal education or training is a necessary prerequisite to performance of said services; and (c) whether services require a personal relationship between the individual and municipal officials. Professional or technical services shall include but not be limited to the following: services of an attorney; servi ces of a physician; technical services of an engineer engaged to prepare plans, maps and estimates; securing insurance coverage and/or services of an insurance broker; services of a certified public accountant; investment management services; printing services involving extensive writing, editing or art work; management of municipally owned property; computer software or programming services for customized programs, or services involved in substantial modification and customizing of pre-packaged software. b. Repair of equipment and machinery and maintenance items i.e.: toner, ribbons, oil filters, nuts & bolts etc., as these can be specialized items. The purchaser will obtain at least two verbal, written, faxed or catalog prices. It is at the purchaser’s discretion which product(s) to purchase. c. Emergency purchases pursuant to Section 103(4) of General Municipal Law. Due to the nature of this exception, these goods or services must be purchased immediately and any delay to seek alternate proposals may threaten the life, health, safety or welfare of the residents. This section does not preclude alternate proposals if time permits. d. Purchases of surplus and second-hand goods from any source. If alternate proposals are required, purchaser is permitted to purchase surplus and second-hand goods at auction or via specific advertised sources where the best prices are typically obtained. Prior Town Board approval is required for amounts over $2,500 e. goods purchased from agencies for the blind or correctional institutions pursuant to Section 175-b of the State Finance Law; goods purchased from correctional institutions pursuant to Section 186 of the Correction Law; purchases under State contracts pursuant to Section 104 of the General Municipal Law; county contracts pursuant to Section 103(3) of the General Municipal Law; or pursuant to subdivision 6 of this policy. Individual(s) Responsible for Purchasing Highway Superintendent Director of Planning Town Clerk Town Supervisor Recreation Dept – Marty Conger Town Bookkeeper Town Justice TB 1-2-19 Page 13 of 24 34 Note that this is a new requirement, effective January 1, 2009 (General Municipal Law, section 104-b(2)(f)). Division of Local Government and School Accountability (Must be updated biennially)of the State Comptroller Input From Officers Comments have been solicited from officers of the political subdivision or district therein involved in the procurement process prior to the enactment of this policy and procedures, and will be solicited from time to time hereafter. Annual Review The governing board shall annually review and, when needed, update this policy and procedures. The Town of Dryden Town Board shall be responsible for conducting an annual evaluation of the effectiveness of the procurement policy and procedures and an evaluation of the control procedures established to ensure compliance with the procurement policy, and shall be responsible for reporting back to the board. Unintentional Failure to Comply The unintentional failure to comply fully with the provisions of General Municipal Law, section 104-b shall not be grounds to void action taken or give rise to a cause of action against the Town of Dryden or any officer or employee thereof. Town of Dryden Purchasing Policy With the exception of the Highway Department and the Town Clerk/Receiver of Taxes, the Bookkeeper/Bookkeeper’s Assistant must be consulted to ensure sufficient funds are available prior to placing any order. The Bookkeeper / Bookkeeper’s Assistant will first verify whether or not sufficient funds are available. • If funds are available, the Bookkeeper / Bookkeeper’s Assistant will notify the department that they can proceed with their order. • If funds are not available the Bookkeeper / Bookkeeper’s Assistant will notify the requisitioner of such and request a budget modification form be completed to transfer funds from another account. A budget modification should only be used if another account has available funds and the requested item is necessary within current budget year. The budget modification will then be presented to the Board for approval. • If a bid is necessary, the requisitioner will ask for Board approval to bid; then initiate the process of having the appropriate person prepare the bid specifications. • Approval of the Supervisor or Bookkeeper is required for any purchase in excess of $500, with the exception of the Highway Department, where the limit shall be $10,000, and with the exception of the Town Clerk/Receiver of Taxes, where the limit shall be $2 500. Prior approval will not be required for standard monthly purchases for parts/supplies, and vehicle/equipment repairs unless specifically requested by vendor. Prior approval of either the bookkeeper or the Supervisor is required for purchases of equipment or software (i.e. computers, printers, monitors, copy machines, and items that will be added to the Town’s capital asset list) and employee training/conference attendance t hat involves overnight lodging. TB 1-2-19 Page 14 of 24 • With the exception of the Highway Department and the Town Clerk/Receiver of Taxes, once a department has spent 90% of any non-personnel, annual contract, or utility related budget line (i.e. discretionary spending), the department head must seek Town Board approval prior to utilizing funds from that budget line. • The Bookkeeper will prepare the purchase order, retain a copy and return the original to the requisitioner for ordering. Packing slips, delivery receipts, invoices, and statements should be compiled for each purchase, stapled behind the purchase order or completed voucher form and submitted to the Bookkeeper for verification and approval. After approval, vouchers will be forwarded to the Town Clerk's office for data entry. After entry, purchase orders will be submitted to the Board for payment approval. Vouchers may be submitted weekly or upon completion, but must be submitted ten days prior to the abstract & agenda meeting. If Vouchers are received after this time we will try to include them in the abstract if possible. This system will not apply to utilities, bills from other municipalities, legal and engineering services, water and sewer billing, election workers, jury expenses, law book expenses, software/hardware contracts and insurance payments. Payments of this nature will contin ue to use vouchers and be submitted to the Board for approval for payment. The Bookkeeper will receive copies of all contracts entered into by the Town and all resolutions allotting funds for any service or item. 2nd Cl Green Roll Call Vote Cl Lavine Yes Cl Green Yes Cl Servoss Yes Supv Leifer Yes RESOLUTION #20 (2019) – ADOPT SEXUAL HARASSMENT POLICY Supv Leifer offered the following resolution and asked for its adoption: TOWN OF DRYDEN SEXUAL HARASSMENT PREVENTION POLICY I. POLICY STATEMENT The Town of Dryden is committed to maintaining a workplace free from sexual harassment. Sexual harassment, which includes harassment on the basis of sex, self-identified or perceived sex or gender, sexual orientation, gender identity, gender expression or transgender status, is a form of workplace discrimination. Sexual harassment is considered a serious form of employee misconduct. All employees, interns, volunteers, and non-employees are required to work in a manner that prevents sexual harassment in the workplace. Any employee, intern, volunteer, or non-employee in the workplace who engages in sexual harassment or retaliation will be subject to remedial and/or TB 1-2-19 Page 15 of 24 disciplinary action, up to and including termination. This Policy is one component of the Town of Dryden’s commitment to a discrimination-free work environment.1 Sexual harassment is against the law. All persons have a legal right to a workplace free from sexual harassment. This right can be enforced by filing a complaint internally with the Town of Dryden, and/or with a government agency or in court under federal, state or local antidiscrimination laws. Sexual harassment is offensive, is a violation of our policies, is unlawful, and may subject the Town of Dryden to liability for harm to targets of sexual harassment. Harassers may also be individually subject to liability. Those covered by this Policy who engage in sexual harassment, and managers and supervisors who engage in sexual harassment or who knowingly allow such behavior to continue, will be subject to remedial action or discipline in accordance with law or an applicable Collective Bargaining Agreement. This Policy also prohibits retaliation against individuals who report or complain of sexual harassment or participate in the investigation of a sexual harassment complaint, as further described herein. Complaints of sexual harassment must be submitted to the Commissioner of Human Resources: In the event that the Commissioner of Human Resources is the subject of the complaint, complaints must be made to the Town Administrator. The Town of Dryden will conduct a prompt, thorough and confidential investigation that ensures due process for all parties, whenever the Town of Dryden or its supervisory or managerial personnel receives a complaint about sexual harassment or retaliation, or otherwise knows of possible sexual harassment occurring. The Town of Dryden will keep the investigation confidential to the extent possible. Effective corrective action will be taken whenever sexual harassment or retaliation is found to have occurred. All persons covered by this Policy, including managers and supervisors, are required to cooperate with any internal investigation of sexual harassment. All employees, interns, volunteers, and non-employees are to report any harassment or behaviors that violate this Policy. The Town of Dryden will provide a complaint form for the reporting of harassment and to file complaints. Managers and supervisors are required to report any complaint that they receive, or any harassment that they observe or become aware of in the workplace. Such reporting must be in written form to the Commissioner of Human Resources. Confronting the harasser is not required but is encouraged if the complainant feels it is possible and saf e to do so. Anyone covered by this Policy has the right to file a good faith complaint without first communicating with the offender. SCOPE A. Who is covered by this Policy? This Policy applies to all employees, applicants for employment, interns, whether paid or unpaid, volunteers, non-employees and persons conducting business with the Town of Dryden2. 1 Note that other forms of discrimination, as well as harassment based on protected classes or characteristics other than those covered under this policy are covered separately under [The Town of Dryden’s] Discrimination and Discriminatory Harassment Policy. 2 Non-employees, as defined by law, includes contractors, vendors and consultants or those who are employees of the contractor, vendor or consultant. TB 1-2-19 Page 16 of 24 B. Who can be a target of sexual harassment? Sexual harassment can occur between any individuals, regardless of their sex or gender. New York Law protects employees, paid or unpaid interns, and non-employees who provide services in the workplace. This Policy also protects volunteers of the Town of Dryden. C. Who can be a sexual harasser: A harasser can be a superior, a subordinate, a coworker or anyone in the workplace including an independent contractor, contract worker, vendor, client, customer or visitor, or anyone with whom the person interacts while conducting their job duties. D. Where can sexual harassment occur? Unlawful sexual harassment is not limited to the physical workplace itself. It can occur while employees, interns and/or volunteers are traveling for business or at employer sponsored events or parties. Calls, texts, emails, and social media usage can constitute or contribute to unlawful workplace harassment, even if occurring away from the workplace premises or not during work hours. II. DEFINITIONS OF PROHIBITED CONDUCT A. What is sexual harassment? Sexual harassment is a form of sex discrimination and is unlawful under federal, state, and (where applicable) local law. Sexual harassment includes harassment on the basis of sex, self -identified or perceived sex or gender, sexual orientation, gender identity, gender expression or transgender status. 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: o Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive work environment, even if the complaining individual is not the intended target of the sexual harassment; o Such conduct is made either explicitly or im plicitly a term or condition of employment; or o Submission to or rejection of such conduct is used as the basis for employment decisions affecting an individual’s employment. A sexually harassing hostile work environment consists of words, signs, jokes, pranks, intimidation or physical violence which are of a sexual nature, or which are directed at an individual because of that individual’s sex, self-identified or perceived sex or gender, sexual orientation, gender identity, gender expression or transgender status. Sexual harassment also consists of any unwanted verbal or physical advances, sexually explicit derogatory statements or sexually discriminatory remarks made by someone which are offensive or objectionable to the recipient, which cause the recipient discomfort or humiliation, and/or which interfere with the recipient’s job performance. Sexual harassment also occurs when a person in authority tries to offer job benefits for sexual favors. This can include hiring, promotion, continued employment or any other terms, conditions or privileges of employment. This is also called “quid pro quo” harassment. Anyone subject to and/or covered by this Policy who feels harassed should complain so that any violation of this policy can be corrected promptly. Any harassing conduct, even a single incident, can be addressed under this policy. B. Examples of sexual harassment TB 1-2-19 Page 17 of 24 Sexual harassment under the law and prohibited by this Policy may include, but is not limited to, the following prohibited conduct: • Physical assaults of a sexual nature, such as: o Touching, pinching, patting, grabbing, brushing against another person’s body or poking another person’s body; rape, sexual battery, molestation or attempts to commit these assaults (which should be reported to local authorities as promptly as is possible). • Unwanted sexual advances or propositions, such as: o Requests for sexual favors accompanied by implied or overt threats concerning the target’s job performance evaluation, a promotion or other employment benefits or detriments; subtle or obvious pressure for unwelcome sexual activities. • Sexually oriented gestures, noises, remarks, jokes or comments about a person’s sexuality or sexual experience, which create a hostile work environment. • Sex stereotyping, which occurs when conduct or personality traits are considered inappropriate or treated negatively simply because they may not conform to other people’s ideas or perceptions about how individuals of a particular sex should look or act. • Sexual or discriminatory displays or publications anywhere in the workplace, such as: o Displaying pictures, posters, calendars, graffiti, objects, promotional material, reading materials or other materials that are sexually demeaning or pornographic. This includes such sexual displays on workplace computers or cell phones and sharing such displays while in the workplace or in a work- related gathering or setting. • Hostile actions taken against an individual because of that individual’s sex, self -identified or perceived sex or gender, sexual orientation, gender identity, gender expression or transgender status, such as: o Interfering with, destroying or damaging a person’s workstation, tools or equipment, or otherwise interfering with the individual’s ability to perform the job; o Sabotaging an individual’s work; o Bullying, yelling, name-calling. C. Retaliation In addition to sexual harassment, retaliation for opposing or complaining of sexual harassment or participating in investigations of sexual harassment is prohibited by law and prohibited under this Policy. No person covered by this Policy shall be subjected to such unlawful retaliation. Unlawful retaliation can be any adverse employment action, including being discharged, disciplined, discriminated against, or any action that would keep or discourage anyone covered by this Policy from coming forward to make or support a sexual harassment claim. Adverse action need not be job-related or occur in the workplace to constitute unlawful retaliation. The New York State Human Rights Law and this Policy protect any individual who has engaged in “protected activity.” Protected activity occurs when a person has: • made a complaint of sexual harassment, either internally or with any anti -discrimination agency; • testified or assisted in a proceeding involving sexual harassment under this Policy, the State Human Rights Law or other anti-discrimination law; • opposed sexual harassment by making a verbal or informal complaint to Tompkins County(including a supervisor or manager) or by simply informing a supervisor or manager of harassment; TB 1-2-19 Page 18 of 24 • reported that another employee, intern, volunteer or non-employee covered by this Policy has been sexually harassed; or • encouraged a fellow employee, intern, volunteer and/or non-employee covered by this Policy to report harassment. Employees, interns, volunteers, and non-employees who believe they have been subjected to retaliation should report this conduct in accordance with the same reporting procedures as are outlined below. These complaints of retaliation will be investigated in accordance with the same procedures utilized to investigate a complaint of sexual harassment. Individuals also may file complaints of retaliation with the federal or state enforcement agencies (EEOC or New York State Division of Human Rights.) Any individual found to have engaged in retaliation as defined in this Policy may b e subject to disciplinary action up to and including termination, and/or other corrective or remedial action as necessary. III. REPORTING PROCEDURES AND RESPONSIBILITIES A. Reporting Procedures Preventing sexual harassment is everyone’s responsibility. The Town of Dryden cannot prevent or remedy sexual harassment unless it knows about it. Any employee, intern, volunteer or non- employee who has been subjected to behavior that may constitute sexual harassment is strongly encouraged to report such behavior to the Commissioner of Human Resources set forth below. Anyone who witnesses or becomes aware of potential or perceived instances of sexual harassment should also report such behavior to the o Commissioner of Human Resources o In the event that the Commissioner of Human Resources is the subject of the complaint, complaints are to be made to the Town Administrator Although encouraged, note that neither this Policy nor state or federal law requires that an individual tell an alleged harasser to stop his/her actions. Failure to do so does not preclude the individual from filing a complaint of sexual harassment. Individuals should feel free to keep written records of any actions which may constitute sexual harassment, including time, date, location, names of others involved, witnesses (if any), and who said or did what to whom. Reports of sexual harassment may be made verbally or in writing. If made verbally, the Complaint must be reduced to writing by the individual who it was reported to. The written report must be given to the Commissioner of Human Resources. A form for submission of a written complaint is attached to this Policy, and all employees, interns, volunteers, and non-employees conducting business in the workplace are encouraged to use this complaint form. Individuals who are reporting sexual harassment on behalf of other employees, interns, volunteers or non-employees should use the complaint form and note that it is on another person’s behalf. Employees, interns, volunteers or non-employees who believe they have been a target of sexual harassment may also seek assistance in other available forums, as explained below in the section on Legal Protections. B. Supervisory Responsibilities All managerial and supervisory personnel of the Town of Dryden shall be responsible for enforcing this Policy and shall have responsibility for ensuring that the work environment under their TB 1-2-19 Page 19 of 24 supervision is free from sexual harassment and retaliation. In addition to being subject to discipline or other remedial action if they engaged in sexually harassing conduct themselves, all supervisors and managers who receive a complaint or information about suspected sexual harassment, observe what may be sexually harassing behavior or for any reason suspect that sexual harassment is occurring, are required to report same in writing, to the Commissioner of Human Resources. Supervisors and managers will be subject to discipline (or other remedial and appropriate action) for failing to report suspected sexual harassment or otherwise knowingly allowing sexual harassment to continue. Supervisors and managers will also be subject to discipline or other appropriate remedial action for engaging in retaliation. C. The Town of Dryden’s Responsibilities The Town of Dryden will be responsible for ensuring that this Policy is provided to employees, interns, and volunteers, and that training on this Sexual Harassment Prevention Policy is conducted annually. IV. INVESTIGATION AND RESPONSE PROCEDURES All complaints or information about suspected sexual harassment will be investigated, whether that information was reported in verbal or written form. Investigations will be conducted in a timely manner and will be confidential to the extent possible. An investigation of any complaint, information or knowledge of suspected sexual harassment will be prompt and thorough, commencing immediately and completed as soon as possible. The investigation will be confidential to the extent possible. All persons involved, including complainants, witnesses and alleged harassers will be accorded appropriate due process to protect their rights to a fair and impartial investigation. Any employee, volunteer, intern or non-employee may be required to cooperate as needed in an investigation of suspected sexual harassment. As further set forth herein, Tompkins County will not tolerate retaliation against those who file complaints, support another’s complaint, or participate in the investigation of a complaint. All investigations will be conducted by the Commissioner of Human Resources or their designee. The nature of an investigation may vary on a case by case basis dependent upon the circumstances and extent of the allegations. Generally, investigations should be conducted by the Commissioner of Human Resources or their designee in accordance with the following steps: • Upon receipt of complaint, the Commissioner of Human Resources or their designee will conduct an immediate review of the allegations, and take interim actions, as appropriate. If the complaint is oral, encourage the individual to complete the “Complaint Form” in writing. If he or she refuses, prepare a Complaint Form or other write up of the complaint based on the oral reporting. • If documents, emails or phone records are relevant to the allegations, take steps to obtain and preserve them. • Request and review all relevant documents, including all electronic communications. • Interview all parties involved, including any relevant witnesses; • Create (at a minimum) written documentation of the investigation (such as a letter, memo or TB 1-2-19 Page 20 of 24 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 o Recommendation(s) for the final resolution of the complaint, together with any recommendations for corrective or remedial actions to be taken. • Keep the written documentation and associate d documents in the employer’s records. Once the investigation is completed, the Commissioner of Human Resources or their designee will make a Final Determination as to whether the Policy has been violated. The Commissioner of Human Resources or their designee shall promptly notify the complainant of the Final Determination, and also inform the complainant of their right to file a complaint or charge externally as outlined below.3 If a complaint of sexual harassment or retaliation is determined to be founded, the Town of Dryden may take disciplinary and/or corrective action. The Commissioner of Human Resources will be responsible for overseeing the implementing of any corrective or remedial actions deemed necessary. V. REIMBURSEMENT Any employee who has been subject to a judgement of personal liability for intentional wrongdoing in connection with a claim for sexual harassment shall reimburse the Town of Dryden for any monies it paid to a complainant for what was found to be the employee’s proportionate share of said judgement. These reimbursements must be made within ninety (90) days from payment by the Town of Dryden to the Complainant. A failure to reimburse will result in the sum being withheld directly from the employee’s compensation or through enforcement of a money judgement. VI. FURTHER CONFIDENTIALITY AND DISCLOSURE In recognition of the personal nature of discrimination complaints and the emotional impact of alleged discrimination, the Town of Dryden shall keep complaints as confidential as is consistent with a thorough investigation, applicable collective bargaining agreements, and other laws and regulations regarding employees and the workplace setting. For the protection of all individuals who make complaints or are accused of prohibited discrimination, every witness interviewed during an investigation under this Policy will be advised of the confidentiality requirement and instructed not to discuss the complaint, the investigation, or the persons involved. To the extent complaints made under this Policy implicate criminal conduct, The Town of Dryden may be required by law to contact and cooperate with the appropriate law enforcement authorities. The terms of any settlement or other resolution are subject to disclosure UNLESS the Complainant seeks confidentiality. This request for confidentiality may be revoked within a certain time period in accordance with State law. VII. FALSE REPORTS 3 Where a complaint was filed regarding sexual harassment against an individual other than the person making the written complaint, the person against whom the harassment was directed will be treated as the complainant for purposes of this Policy. TB 1-2-19 Page 21 of 24 Reporting of a false complaint is a serious act. In the event it is found that an individual bringing the complaint has knowingly made false allegations, The Town of Dryden may take appropriate remedial action and/or disciplinary action in accordance with the provisions of applicable collective bargaining agreement and/or state law VIII. LEGAL PROTECTIONS AND EXTERNAL REMEDIES Sexual harassment is not only prohibited by The Town of Dryden but is also prohibited by state, federal, and, where applicable, local law. Aside from the internal process at the Town of Dryden, individuals may also choose to pursue legal remedies with the following governmental entities at any time. A. New York State Division of Human Rights (DHR) The Human Rights Law (HRL), codified as N.Y. Executive Law, Art. 15, § 290 et seq., applies to employers in New York State with regard to sexual harassment, and protects employees, interns and non-employees. A complaint alleging violation of the Human Rights Law may be filed either with Division of Human Rights or in New York State Supreme Court. Complaints with DHR may be filed any time within one year of the harassment. If an individual did not file at DHR, they can sue directly in state court under the HRL, within three years of the alleged discrimination. An individual may not file with DHR if they have already filed a HRL complaint in state court. Complaining internally to the Town of Dryden does not extend the time for filing a complaint with DHR or in court. The one year or three years is counted from date of the most recent incident of harassment. An individual does not need an attorney to file a complaint with DHR, and there is no cost to file with DHR. DHR will investigate the complaint and determine whether there is probable cause to believe that discrimination has occurred. Probable cause cases are forwarded to a public hearing before an administrative law judge. If discrimination is found after a hearing, DHR has the power to award relief, which varies but may include requiring the employer to act to stop the harassment, or redress the damage caused, including paying monetary damages, attorney’s fees and civil fines. Contact DHR at (888) 392-3644 or visit dhr.ny.gov/complaint for more information about filing a complaint. The website has a complaint form that can be downloaded, filled out, notarized and mailed to DHR. The website also contains contact information for DHR’s regional offices across New York State. B. United States Equal Employment Opportunity Commission (EEOC) The EEOC enforces federal anti-discrimination laws, including Title VII of the 1964 federal Civil Rights Act (codified as 42 U.S.C. § 2000e et seq.). An individual can file a complaint with the EEOC anytime within 300 days from the harassment. There is no cost to file a complaint with the EEOC. The EEOC will investigate the complaint, and determine whether there is reasonable cause to believe that discrimination has occurred, at which point the EEOC will issue a Right to Sue letter permitting the individual to file a complaint in federal court. TB 1-2-19 Page 22 of 24 The EEOC does not hold hearings or award relief, but may take other action including pursuing cases in federal court on behalf of complaining parties. Federal courts may award remedies if discrimination is found to have occurred. If an individual believes that he/she has been discriminated against at work, he/she 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 (1-800-669-6820 (TTY)), visiting their website at www.eeoc.gov or via email at info@eeoc.gov If an individual filed an administrative complaint with DHR, DHR will file the complaint with the EEOC to preserve the right to proceed in federal court. C. 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. D. Contact the Local Police Department If the harassment involves physical touching, coerced physical confinement or coerced sex acts, the conduct may constitute a crime. Contact the local police department. 2nd Cl Green Roll Call Vote Cl Lavine Yes Cl Green Yes Cl Servoss Yes Supv Leifer Yes Supervisor appointments and committee assignments were discussed and made as follows: Deputy Supervisor ------------------------------------------------- Cl Daniel Lamb Finance & Grants Committee ----------------------------------- Cl Servoss, Cl Green Assessment Review Committee---------------------------------- Cl Lavine, Supv Leifer (alt) Emergency Services Committee--------------------------------- Supv Leifer, Cl Servoss (alt Human Resources Committee----------------------------------- Cl Servoss, Cl Green Infrastructure Committee (inc Highway/DPW liaison)------ Supv Leifer, Cl Green Representative to Planning Board------------------------------ Cl Lamb, Supv Leifer (alt) Representative to Conservation Board------------------------- Cl Lamb, Cl Lavine (alt) Representative to Ag Advisory Committee--------------------- Supv Leifer Representative to Recreation & Youth Commission---------- Cl Green, Cl Servoss (alt) Liaison to Village of Freeville------------------------------------- Cl Green Liaison to Village of Dryden------------------------------------- Supv Leifer Representative to Rail Trail Task Force----------------------- Cl Lamb, Cl Green Representative to Tompkins County Legislature------------- Cl Servoss TB 1-2-19 Page 23 of 24 RESOLUTION #21 (2019) – APPROVE 2019 PAY RATES Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves 2019 pay rates for non-union Highway/DPW and Town Hall employees working less than 40 hours per week as follows: Name Title Hire Date 2018 Rate 2019 Rate % Increase Town Hall Employees Marty Conger PT Recreation Assistant 11/27/2017 19.23 19.62 2 Andrew Pierce Rec Supervisor 3/19/2018 19.23 19.62 2 Lee Parker Deputy Clerk 12/30/2009 12.98 13.75 5.9 Sherri Crispell Senior Account Clerk 7/22/2008 20.00 21.00 5 Ryan McHugh Conf Secretary to Supervisor 11/19/2018 18.00 18.00 0 David Buck PT Court Attendant 6/1/2014 41.62 41.62 0 James Niemi PT Court Attendant 6/1/2014 41.62 41.62 0 Highway/DPW Employees Randy Riker Seasonal MEO (PT as needed) 12/13/2012 17.50 17.50 0 Shawn Flynn Seasonal MEO (PT as needed) 1/13/2015 17.50 18.00 2.8 Justin Huff Laborer 6/22/2015 15.00 15.00 0 George Ingalls Laborer (PT Summer) 7/5/2017 14.00 14.00 0 Allison Case PT Data Processing Helper 11/27/2017 15.00 15.00 0 Christopher Clauson Asst Supt of Public Works 9/5/2017 7,990.00 47,990.00 0 2nd Cl Green Roll Call Vote Cl Lavine Yes Cl Green Yes Cl Servoss Yes Supv Leifer Yes RESOLUTION #22 (2019) – APPOINT RAIL TRAIL TASK FORCE MEMBER Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby appoints Rosalie Borzik to the Rail Trail Task Force. 2nd Cl Green Roll Call Vote Cl Lavine Yes Cl Green Yes Cl Servoss Yes Supv Leifer Yes TB 1-2-19 Page 24 of 24 There being no further business, on motion made, seconded and unanimously carried, the meeting was adjourned at 7:00 p.m. Respectfully submitted, Bambi L. Avery Town Clerk LOCAL LAW ____ -2019 A LOCAL LAW AMENDING THE TELECOMMUNICATIONS TOWER SITING LAW FOR THE TOWN DRYDEN, TOMPKINS COUNTY, NEW YORK (“TTS”). Be it enacted by the Town Board of the Town of Dryden as follows: LOCAL LAW SECTION 1. PURPOSE, LEGISLATIVE INTENT AND HISTORY. The Telecommunications Tower Siting Law (TTS) was first enacted by Local Law 2- 2006 and amended by Local Law 1-2010. The Town is now amending TTS in response to federal legislation calling for an expedited process for local review of equipment modifications and colocations on cell towers that do not increase the height of the tower. The proposed changes simplify the permitting process for modifying equipment or collocating equipment on existing towers that involves no increase in the height of the tower. The Town is also making some additional revisions to simplify the process. Except for the provisions of TTS specifically amended by this Local Law, the rest of the Town’s TTS remains in full force and effect. LOCAL LAW SECTION 2. The TTS is amended as follows1: Section 1. Purpose and Legislative Intent. The Telecommunications Act of 1996 affirmed the Town of Dryden’s authority concerning the placement, construction and modification of telecommunications towers. The Town Board of the Town of Dryden finds that telecommunications towers and related facilities may pose a unique hazard to the health, safety, public welfare and environment of the Town of Dryden and its inhabitants. In order to insure that the placement, construction or modification of telecommunications towers and related facilities is consistent with the Town’s land use policies, the Town is adopting a single, comprehensive telecommunications tower application and permit process. The intent of this law is to minimize the negative impact of the telecommunications towers, establish a fair and efficient process for review and approval of applications, assure an integrated, comprehensive review of environmental impacts of such facilities, and protect the health, safety and welfare of Town of Dryden and its inhabitants. The Town also recognizes that facilitating the development of wireless service technology can be an economic development asset to the Town and of significant benefit to the Town and its inhabitants. 1 Text that is being removed appears in strikethrough. Text that is being added is underlined. Section 2. Title. This Law may be known and cited as the Telecommunications Tower Siting Law for the Town of Dryden (or “TTS”). Section 3. Severability. A. If any word, phrase, sentence, part, Section, Subsection, or other portion of this Law or any application thereof to any person or circumstance is declared void, unconstitutional, or invalid for any reason, then such word, phrase, sentence, part, Section, Subsection, or other portion, or the proscribed Application thereof, shall be severable, and the remaining provisions of this Law, and all applications thereof, not having been declared void, unconstitutional, or invalid, shall remain in full force and effect. B. Any special use permit issued under this law shall be comprehensive and not severable. If part of a permit is deemed or ruled to be invalid or unenforceable in any material respect, by a competent authority, or is overturned by a competent authority, the permit shall be void in total, upon election by the Town Board. Section 4. Definitions. For purposes of this Law, and where not inconsistent with the context of a particular Section, the defined terms, phrases, words, abbreviations, and their derivations shall have the meaning given in this Section. When not inconsistent with the context, words in the present tense include the future tense, words used in the plural include words in the singular and words in the singular include the plural. The word “shall” is always mandatory, and not merely directory. A. “Accessory Facility or Structure” means an accessory facility or structure serving or being used in conjunction with a Telecommunications Tower, and located on the same property or lot as the Tower, including but not limited to utility or transmission equipment buildings or shelters, equipment cabinets, equipment platforms, or storage sheds. B. “Applicant” means and shall include any individual, partnership, limited liability company, corporation, estate, trust, or other entity or the equivalent of any of the foregoing submitting an Application to the Town of Dryden for a Special Use Permit for a Telecommunications Tower. C. “Application” means the form approved by the Board, together with all required and other documentation that an Applicant submits in order to receive a Special Use Permit for a Telecommunications Tower. D. “Antenna” means a system of electrical conductors that transmit or receive electromagnetic waves or radio frequency signals. Such waves shall include, but not be limited to radio, television, cellular, paging, personal Telecommunications services (PCS), and microwa ve Telecommunications. E. “Board” means the Town Board of the Town of Dryden, which is the officially designated body of the Town to whom applications for a Special Use Permit for a Telecommunications Tower must be made. The Board is authorized to review, analyze, evaluate and make decisions with respect to granting or not granting, recertifying or not recertifying, or revoking special use permits for Telecommunications Towers. The Board may at its discretion delegate or designate other boards of the Town to accept, review, analyze, evaluate and make recommendations to the Board with respect to the granting or not granting, recertifying or not recertifying or revoking special use permits for Telecommunications Towers. F. “Break point” means the location on a Telecommunications Tower at which the initial failure of a structural element is expected to eventually occur as the wind loading increases beyond the design value, as a means of controlling the mechanism of collapse and minimizing the size of the collapse zone and any potential damage to the surrounding area. G. “Camouflaged Tower” means any Tower or supporting structure that, due to design, location, or appearance, partially or completely hides, obscures, conceals, or otherwise disguises the presence of the Tower and one or more Antennas or Antenna arrays affixed thereto. H. “Collapse zone” means the area in which any portion of a Telecommunications Tower could or would fall, collapse or plunge to the ground or into a river or other body of water. The collapse zone shall be no less than the lateral equivalent of the distance from the Break point to the top of the structure plus ten feet, such being not less than one-half (1/2) the height of the structure. I. “Co-location” means the use of the same telecommunications tower or structure to carry two or more antennae for the provision of wireless services by two or more persons or entities. J. “Commercial Impracticability” or “Commercially Impracticable” shall have the meaning in this Law and in Special Use Permits granted hereunder as defined and applied under Uniform Commercial Code §2-615. K. “Complete Application” means an Application that contains all information and/or data necessary to enable the Board or Zoning Officer to evaluate the merits of the Application, and to make an informed decision with respect to the effect and impact of the Telecommunications Tower on the Town in the context of the permitted land use for the particular location requested. L. “County” means Tompkins County, New York. M. “Direct-to home satellite services” or “Direct Broadcast Service” or “DBS” means only programming transmitted or broadcast by satellite directly to subscribers’ premises without the use of ground receiving equipment, except at the subscribers’ premises or in the uplink process to the satellite. N. “EAF” means the Full Environmental Assessment Form approved by the New York Department of Environmental Conservation (Appendix A to 6 NYCRR §617.20) and includes a visual EAF Addendum (Appendix B).. For an application for co-location, a short EAF (Appendix C to NYCRR §617.20) including a visual EAF may be substituted for the Full Environmental Assessment Form. O. “EPA” means in the case of the State of New York, the Department of Environmental Conservation, and in the case of the United States, the Environmental Protection Agency or any successor agency. P. “FAA” means the Federal Aviation Administration, or a duly designated and authorized successor agency. Q. “FCC” means the Federal Communications Commission, or a duly designated and authorized successor agency. R. “Free standing Tower” means a Tower that is not supported by guy wires and ground anchors or other means of attached or external support. S. “Height of Antenna” means, when referring to a Tower or structure, the vertical distance from the highest adjacent finished grade to the top of the highest antenna mounted on, or proposed to be mounted on the Tower or structure. T. “Height of Tower or Structure” means, when referring to an existing Tower or structure, the vertical distance from the highest adjacent finished grade to the top of the Tower or structure. When referring to a proposed Tower or structure, it means the vertical distance from the preexisting grade level to the highest point of the proposed Tower or structure. U. “NIER” means Non-Ionizing Electromagnetic Radiation. V. “Person” means any individual, partnership, limited liability company, corporation, estate, trust, or other entity or the equivalent of any of the foregoing. W. “Personal Wireless Facility” - See definition for ‘Telecommunications Tower’. X. “Personal Wireless Services” or “PWS” or “Personal Telecommunications Service” or “PCS” shall have the same meaning as defined and used in the 1996 Telecommunications Act. Y. “Site” See definition for Telecommunications Tower. Z. “Special Use Permit” means the official document or permit by which an Applicant is allowed to construct and use a Telecommunications Tower as granted, authorized or issued by the Town. AA. “State” means the State of New York. BB. “Telecommunications” means the transmission and reception of audio, video, data, and other information by wire, radio frequency, light, and other electronic or electromagnetic systems. CC. “Telecommunications Permit” means the official document or permit by which an Applicant is allowed to add or modify equipment on a Telecommunications Tower as granted, authorized or issued by the Town. BB.DD. “Telecommunications Tower” or “Tower” or “Site” or “Personal Wireless Facility” means a structure or location designed, or intended to be used, or used to support Antennas. It includes Free standing Towers, guyed Towers, monopoles, and similar structures, as well as any Camouflaged Tower, including but not limited to a church steeple, silo, water tower, flagpole, sign or other structure intended to mitigate the visual impact of an Antenna. It is a structure intended for transmitting and/or receiving radio, television, cellular, paging, dispatch, PCS, microwave, broadband, or other commercial Telecommunications. EEDD.“Telecommunications Structure” means a structure used in the provision of services described in the definition of ‘Telecommunications Tower’. EEFF.“Temporary” means in relation to all aspects and components of this Law, something intended to, or that does, exist for fewer than ninety (90) days. FFGG. “Town” means the Town of Dryden, New York. HH. “Zoning Officer” means the Zoning Officer as appointed by the Town. Section 5. Overall Policy and Desired Goals for Special Use Permits for Telecommunications Towers. In order to ensure that the placement, construction, and modification of Telecommunications Towers conforms to the Town’s purpose and intent of this Law, the Board creates a Special Use Permit for a Telecommunications Tower. As such, the Board adopts an overall policy with respect to a Special Use Permit for a Telecommunications Tower for the express purpose of achieving the following goals: 1) Implementing an Application process for person(s) seeking a Special Use Permit for a Telecommunications Tower; 2) Establishing a policy for examining an application for and issuing a Special Use Permit for a Telecommunications Tower that is both fair and consistent; 3) Establishing reasonable time frames for granting or not granting a Special Use Permit for a Telecommunications Tower, or re-certifying or not re-certifying, or amending or revoking the Special Use Permit granted under this Law. 4) Promoting and encouraging, wherever possible, the sharing and/or co-location of a Telecommunications Tower among service providers; 5) Promoting and encouraging, wherever possible, the placement of a Telecommunications Tower in such a manner as to cause minimal disruption to aesthetic considerations of the land, property, buildings, and other facilities adjacent to, surrounding, and in generally the same area as the requested location of such a Telecommunications Tower. 6) Promoting and encouraging the development and deployment of newer and better technology to provide improved Telecommunications services to the residents and businesses within the Town. Section 6. Special Use Permit Application and Other Requirements A. All Applicants for a Special Use Permit for a Telecommunications Tower shall comply with the requirements set forth in this Law. B. (1) An Application for a Special Use Permit for a Telecommunications Tower shall be signed on behalf of the Applicant by the person preparing the same and with knowledge of the contents and representations made therein and attesting to the truth and completeness of the information. (2) The landowner, if different than the Applicant, shall also sign the Application. (3) At the discretion of the Board, any false or misleading statement in the Application may subject the Applicant to denial of the Application without further consideration or opportunity for correction. (4) At the discretion of the Board, any information contained in the Application that is discovered to be false after issuance of a Special Sue Permit may subject the Applicant to revocation of such Special Use Permit. C. Applications not meeting the requirements herein or which are otherwise incomplete, may be rejected by the Board. D. The Application shall include a statement in writing: 1) that the applicant’s proposed Telecommunications Tower will be maintained in a safe manner, in compliance with all conditions of the Special Use Permit, without exception, unless specifically granted relief by the Board in writing, as well as all applicable and permissible local codes, ordinances, and regulations, including any and all applicable County, State and United States laws, rules, and regulations; 2) that the construction of the Telecommunications Tower is legally permissible, including, but not limited to the fact that the Applicant is authorized to do business in the State. E. All applications for the construction or installation of a new Telecommunications Tower shall be accompanied by a report containing the information herein required. The report shall be signed by a licensed professional engineer registered in the State. Where this Section calls for certification, such certification shall be by a qualified New York State licensed Professional Engineer acceptable to the Town, unless otherwise noted. F. No Telecommunications Tower shall be installed or constructed until a site plan required under this law is reviewed and approved by the Board. The site plan Application shall include, in addition to the other requirements for the Special Use Permit, the following additional information: 1) Name and address of person preparing the report; 2) Name and address of the property owner, operator, and Applicant, to include the legal form of the Applicant; 3) Postal address and tax map parcel number of the property; 4) Zoning District or designation in which the property is situated; 5) Size of the property stated both in square feet and lot line dimensions, and a diagram to scale showing the location of all lot lines; 6) Location of nearest residential structure; 7) Location of nearest habitable structure; 8) Location of all structures on the property which is the subject of the Application; 9) Location, size and height of all proposed and existing antennae and all appurtenant structures; 10) Type, size and location of all proposed and existing landscaping; 11) The type and design of the Telecommunications Tower, and the number, type, and size of the Antenna(s) proposed, and the basis for the calculations of the Telecommunications Tower’s capacity to accommodate multiple users; 12) The make, model and manufacturer of the Tower and Antenna(s); 13) A description of the proposed Tower and Antenna(s) and all related fixtures, structures, appurtenances and apparatus, including height above pre-existing grade, materials, color and lighting; 14) The frequency, modulation and class of service of radio or other transmitting equipment; 15) Transmission and maximum effective radiated power of the Antenna(s); 16) Direction of maximum lobes and associated radiation pattern of the Antenna(s); 17) Applicant’s proposed Tower maintenance and inspection procedures and related system of records; 18) Documentation that NIER levels at the proposed site are within the threshold levels adopted by the FCC; 19) A stipulation that if the proposed Antenna(s) cause interference with existing telecommunications devices, the Antenna(s) will be deactivated until such interference can be eliminated by the Applicant. 20) A copy of the FCC license for the use of the Telecommunications Tower; 21) Certification that a topographic and geomorphologic study and analysis has been conducted, and that taking into account the subsurface and substrata, and the proposed drainage plan, that the site is adequate to assure the stability of the proposed Telecommunications Tower on the proposed site, (the certifying engineer need not be approved by the Town); 22) Propagation studies of the proposed site and all adjoining proposed or in-service or existing sites. 23) Applicant shall disclose in writing any agreement in existence prior to submission of the Application that would limit or preclude the ability of the Applicant to share any new Telecommunications Tower that it constructs. G. In the case of a new Telecommunications Tower, the Applicant shall be required to submit a report demonstrating its efforts to obtain shared use of existing Telecommunications Tower(s). Copies of written requests and responses for shared use shall be provided to the Board. H. Certification that the Telecommunications Tower and attachments are both designed and constructed (“As Built”) to meet all County, State and United States structural requirements for loads, including wind and ice loads; I. Documentation that the Telecommunications Tower is designed with a break point that, in the event the design wind loading is exceeded, will result in the Tower falling or collapsing within the boundaries of the property on which the Tower is placed; J. After construction and prior to receiving a Certificate of Compliance, certification that the Telecommunications Tower and related facilities have been installed with appropriate surge protectors, and have been grounded and bonded so as to protect persons and property from lightning strikes. K. The Applicant shall submit a completed Full EAF and a Visual EAF Addendum. The Board may require submission of a more detailed visual analysis based on the results of the Visual Full EAF Addendum. Applicants are encouraged to have pre-application conferences with the Town to address the scope of the required visual assessment. L. A Visual Impact Assessment which shall at the Board’s request include: 1) A “Zone of Visibility Map” which shall be provided in order to determine locations from which the Tower may be seen. 2) Pictorial representations of “before and after” views from key viewpoints both inside and outside of the Town, including but not limited to state highways and other major roads; state and local parks; other public lands; historic districts; preserves and historic sites normally open to the public; and from any other location where the site is visible to a large number of visitors or travelers. If requested by the Applicant, the Town, acting in consultation with its consultants or experts, will provide guidance concerning the appropriate key sites at a preapplication conference. 3) An assessment of the visual impact of the Tower base, guy wires and accessory buildings from abutting and adjacent properties and streets. M. Any and all representations made to the Board, on the record, during the Application process, whether written or verbal, shall be deemed a part of the Application and may be relied upon in good faith by the Board. N. The Applicant shall, in a manner approved by the Board, provide vegetative or other approved screening around the base of the Telecommunications Tower and all accessory facilities and structures, to minimize its visibility from adjacent property. O. All utilities leading to and away from any Telecommunications Tower site shall be installed underground and in compliance with all laws, rules and regulations of the Town, including specifically, but not limited to, the National Electrical Safety Code and the National Electrical Code where appropriate. The Board may waive or vary the requirements of underground installation of utilities whenever, in the opinion of the Board, such variance or waiver shall not be detrimental to the health, safety, general welfare or environment, including the visual and scenic characteristics of the area. P. All Telecommunications Towers and accessory facilities shall be sited so as to have the least practical adverse visual effect on the environment and its character, and the residences in the area of the Telecommunications Tower site. Q. Accessory facilities shall maximize use of building materials, colors and textures designed to blend with the natural surroundings. R. An access road and parking will be provided to assure adequate emergency and service access. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road construction shall at all times minimize ground disturbance and vegetation-cutting. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential. S. The Board intends to be the lead agency, pursuant to SEQRA. The Board shall conduct an integrated, comprehensive, coordinated environmental review of the proposed project in combination with its review of the Application under this Law. T. The Applicant shall submit no fewer than eight two (28) copies of the entire Complete Application to the Town Board, an electronic copy and one (1) copy to the County Planning Board. For a proposed facility on property which abuts the Town boundary, a copy shall be submitted to the legislative body of the immediately adjacent municipality. U. The Applicant shall examine the feasibility of designing a proposed Telecommunications Tower to accommodate future demand for at least two (2) additional commercial applications, e.g. future co-locations. The scope of this examination shall be determined by the Board. The Tower shall be structurally designed to accommodate at least two (2) additional arrays of Antennas which are equal to or greater in both size and quantity that the installation proposed by the Applicant. This requirement may be waived, provided that the Applicant, in writing, demonstrates that the provisions of future shared usage of the Telecommunications Tower is not technologically feasible, commercially impracticable or creates an unnecessary and unreasonable burden, based upon: 1) The number of FCC licenses foreseeably available for the area; 2) The kind of Telecommunications Tower site and structure proposed; 3) The number of existing and potential licenses without Telecommunications Tower spaces/sites; 4) Available space on existing and approved Telecommunications Towers; V. The Applicant shall provide physical space, structural capacity, and utility connections necessary for Town-owned Antennas and equipment, as directed by the Board. Section 7. Location of Telecommunications Towers. A. (1) Applicants for Telecommunications Towers shall locate, site and erect said Towers in accordance with the following priorities, (a) being the highest priority and (e) being the lowest priority. (a) On existing Telecommunications Towers or other tall structures; (b) Co-location on a site with existing Telecommunications Towers or structures; (c) On Town-owned property in non-residentially zoned areas of the Town; (d) In other non-residentially zoned areas of the Town; (e) On other property in the Town. (2) If the proposed property site is not the highest priority listed above, then a detailed explanation must be provided as to why a site of a higher priority was not selected. The person seeking such an exception must satisfactorily demonstrate the reason or reasons why such a permit should be granted for the proposed site, and the hardship that would be incurred by the Applicant if the permit were not granted for the proposed site. (3) An Applicant may not by-pass sites of higher priority by stating the site presented is the only site leased or selected. The Application shall address co-location as an option and if such option is not proposed, the applicant must demonstrate why colocation is Commercially, or otherwise, Impracticable. Agreements between providers limiting or prohibiting co-location, shall not be a valid basis for any claim of Commercial Impracticability or hardship. (4) Notwithstanding the above, the Board may approve any site located within an area in the above list of priorities, provided that the Board finds that the proposed site is in the best interests of the health, safety and welfare of the Town and its inhabitants. B. The Applicant shall submit a written report demonstrating the Applicant’s review of the above locations in order of priority, demonstrating the technological reason for the site selection. C. The Applicant shall, in writing, identify and disclose the number and locations of any additional sites that the Applicant has, is, or will be considering, reviewing or planning for Telecommunications Towers in the Town, and in all municipalities adjoining the Town, for a two year period next following the date of the Application. D. Notwithstanding that a potential site may be situated in an area of highest priority or highest available priority, the Board may reject an Application for any of the following reasons: 1) Conflict with safety and safety-related codes and requirements; 2) Conflict with traffic needs or traffic laws, or definite plans for changes in traffic flow or traffic laws; 3) Conflict with the historic nature of a neighborhood or historical district; 4) The use or construction would be contrary to an already stated purpose of a specific zoning or land use designation; or 5) The placement and location would create an unacceptable risk, or the probability of such, to residents, the public, employees and agents of the Town, or employees of the service provider or other service providers. 6) Conflicts with the provisions of this Law. Section 8. Shared use of Telecommunications Tower(s). A. Shared use of existing Telecommunications Towers shall be preferred by the Town, as opposed to the proposed construction of new Telecommunications Towers. Where such shared use is unavailable, location of Antennas on other pre-existing structures shall be considered and preferred. The Applicant shall submit a comprehensive report inventorying existing towers and other appropriate structures within four (4) miles of any proposed new tower site, unless the Applicant can show that some other distance is more reasonable, and outlining opportunities for shared use of existing facilities and the use of other pre-existing structures as a preferred alternative to new construction. B. An Applicant intending to share use of an existing Telecommunications Tower or other pre-existing structure shall be required to document the intent of the existing owner to share use. C. In the event of an Application to share the use of an existing Telecommunications Tower that does not increase the height of the Telecommunications Tower, the Board may waive such requirements of this Local Law as may be for good cause shown. The Applicant is encouraged to seek a pre-Application conference with the Board to review such a proposed Application and settle the issue of waivers of such provisions which will help to expedite review and the issuance of a permit for such Applications. The purpose of waivers shall be to expedite for the Applicant and the Town the review and issuance of a permit for the shared use of an existing Telecommunications Tower. or otherwise substantially change the physical dimensions of such tower, the Zoning Officer shall review the application. If the Zoning Officer determines that the shared use is in compliance with the Special Use Permit and all applicable codes, laws and rules then a Telecommunications Permit will be issued for this additional equipment. Section 9. Height of a Telecommunications Tower A. The Applicant must submit documentation justifying to the Board the total hei ght of any Telecommunications Tower and/or Antenna and the basis therefor. Such justification shall be to provide service within the Town, to the extent practicable, unless good cause is shown. B. Telecommunications Towers shall be no higher than the minimum height necessary. Unless waived by the Board upon good cause shown, the presumed maximum height of the Tower shall be one hundred-forty (140) feet, based on three (3) co-located antenna arrays and ambient tree height of eighty (80) feet. C. Telecommunications Tower less than one hundred twenty (120) feet in height shall be designed to accommodate a future vertical extension of at least twenty (20) feet, to support the potential co-location of additional antennas for another entity. Section 10. Visibility of a Telecommunications Tower A. Telecommunications Towers shall not be artificially lighted or marked, except as required by law, or as specifically approved by the Board. B. Telecommunications Towers shall be of a galvanized finish, or painted with a rust- preventive paint of an appropriate color to harmonize with the surroundings as approved by the Board, and shall be maintained in accordance with the requirements of this Law. C. In the case of applications to co-locate on existing Telecommunications Towers, if lighting is required, Applicant shall provide a detailed plan for lighting which will be as unobtrusive and inoffensive as is permissible under state and United States regulations, together with an artist’s rendering or other visual representation showing the effect of light emanating from the site on neighboring habitable structures within fifteen-hundred (1,500) feet of all property lines of the parcel on which the Telecommunications Tower is located. Section 11. Security of Telecommunications Towers All Telecommunications Towers and Antennas shall be located, fenced or otherwise secured in a manner which prevents unauthorized access. Specifically: 1) All Antennas, Towers and other supporting structures, including guy wires, shall be made inaccessible to individuals and constructed or shielded in such a manner that they cannot be climbed or run into; and 2) Transmitters and Telecommunications control points must be installed such that they are readily accessible only to persons authorized to operate or service them. Section 12. Signage Telecommunications Towers shall contain a sign no larger than four (4) square feet to provide adequate notification to persons in the immediate area of the presence of an Antenna that has transmission capabilities. The sign shall contain the name(s) of the owner(s) and operator(s) of the Antenna(s) as well as emergency phone number(s). The sign shall be located so as to be visible from the access point of the site. Telecommunications Towers shall also contain a sign displaying the FCC registration number of the Tower as required by law. No other signage, including advertising shall be permitted on any Telecommunications Tower or Antenna, unless otherwise required by law. Section 13. Lot Size and Setbacks A. Telecommunications Towers and Accessory Facilities or Structures shall be set back from any property line a distance sufficient to preserve the privacy and sanctity of any adjoining parcels. B. Telecommunications Towers shall be located with a minimum setback from any property line a distance equal to one half (½) the height of the Tower or the existing setback requirement of the zoning district, whichever is greater. Further, any Accessory structure shall be located so as to comply with the minimum setback requirements for the zoning district in which it is situated. Section 14. Retention of Expert Assistance and Reimbursement by Applicant A. The Board Town may hire any consultant and/or expert necessary to assist the Board Town in reviewing and evaluating the Application and any requests for recertification. B. An Applicant shall deposit with the Town funds sufficient to reimburse the Town for all reasonable costs of consultant and expert evaluation and consultation to the Board Town in connection with the review of any Application. The initial deposit shall be $7,500.00. These funds shall accompany the filing of an Application and the Town will maintain an account for all such funds. The Town’s consultants/experts shall bill or invoice the Town no less frequently than monthly for its services in reviewing the Application and performing its duties. If at any time during the review process this account is depleted, additional funds must be deposited with the Town before any further action or consideration is taken on the Application. If at the conclusion of the review process the cost of such consultant/expert services is more than the amount deposited pursuant hereto, the Applicant shall pay the difference to the Town prior to the issuance of any Special Use Permit. In the event that the amount held by the Town is more than the amount paid to the Town’s consultants and experts, the difference shall be promptly refunded to the Applicant. Section 15. Applicability of Special Use Permit to Telecommunications Towers. A. No person shall be permitted to site, place, build, construct or modify, or prepare any site for the placement or use of, a Telecommunications Tower after the effective date of this Law without having first obtained a Special Use Permit for a Telecommunications Tower. Notwithstanding anything to the contrary in this Section, no Special Use Permit shall be required for the following: 1) A Tower used or proposed to be used solely and exclusively for public safety and emergency services, including police, fire, ambulance, and rescue. 2) A Tower used or proposed to be used solely and exclusively for such other municipal services as Highway Department vehicles or public school transportation vehicles. 3) A Tower used or proposed to be used solely and exclusively for private reception of radio and television broadcast services, Direct-to-home satellite services, Citizen’s Band, Amateur (Ham) radio, and other similar private, residential communications systems serving users on an individual property. 4) A Tower proposed to be located on the property of a governmental agency, which facility has been found not to be subject to the jurisdiction of the Town, or for which a resolution has been adopted by the Town Board to waive the Special Use Permit. Co-location of a commercial Antenna on any of the above Towers shall require issuance of a Special Use Permit. B. New construction on any existing Telecommunications Tower shall comply with the requirements of this Law. Section 16. Public Hearing Required A. Prior to the approval of any Application for a Special Use Permit for a Telecommunications Tower, a public hearing shall be held by the Town Board, notice of which shall be published in the official newspaper of the Town no less than two weeks prior to the scheduled date of the public hearing. The Applicant, at least three (3) weeks prior to the date of the public hearing, shall provide to the Town the names and address of all landowners whose property is located within fifteen hundred (1500) feet of any property line of the parcel on which the proposed Telecommunications Tower is to be located. The Town Code Enforcement Officer shall mail to all such landowners notice of such public hearing. Such mailing shall be by first class mail at least two (2) weeks prior to such hearing. B. The Board shall schedule the public hearing referred to in Subsection (A) of this Section once it finds the Application is complete. The Board, at any stage prior to issuing a Special Use Permit, may require such additional information as it deems necessary. Section 17. Action on an Application for a Special Use Permit for a Telecommunications Tower. A. The Board will undertake a review of an Application pursuant to this law in a timely fashion, consistent with its responsibilities, and shall act within a reasonable period of time given the relative complexity of the Application and the circumstances, with due regard for the public’s interest and need to be involved, and the Applicant’s desire for a timely resolution. B. The Board may refer any Application or part thereof to the Planning Board or any advisory committee for their recommendation. C. Except for necessary building permits, and subsequent Certificates of Compliance, no additional permits or approvals from the Town, e.g. special permit, site plan approval or zoning approvals under the Town of Dryden Zoning Ordinance, shall be required for Telecommunications Towers or facilities covered by this Law. D. After the public hearing and after formally considering the Application, the Board may approve and issue, or deny a Special Use Permit. Its decision shall be in writing and shall be based on substantial evidence upon a record. The burden of proof for the grant of the permit shall always be upon the Applicant. E. If the Board approves the Special Use Permit for a Telecommunications Tower, then the Applicant shall be notified of such approval in writing within ten (10) calendar days of the Board’s action, and the Special Use Permit shall be issued within thirty (30) days after such approval. F. If the Board denies the Special Use Permit for a T elecommunications Tower, then the Applicant shall be notified of such denial in writing within ten (10) calendar days of the Board’s action. G. The Town’s decision on an Application for a Special Use Permit for a Telecommunications Tower shall be supported by substantial evidence contained in the written record. Section 18. Re-certification and Amendment of a Special Use Permit for a Telecommunications Tower. A. At any time between twelve (12) months and six (6) months prior to the first five (5) ye ar anniversary date after the effective date of the permit and all subsequent fifth anniversaries of the original Special Use Permit for a Telecommunications Tower, the holder of a Special Use Permit for such Tower shall submit a written request for recertification. In the written request for re-certification, the holder of such Special Use Permit shall provide the following: 1) The name of the holder of the Special Use Permit for the Telecommunications Tower. 2) If applicable, the number or title of the Special Use Permit; 3) The date of the original granting of the Special Use Permit; 4) Whether the Telecommunications Tower has been moved, re-located, rebuilt, repaired, or otherwise modified since the issuance of the Special Use Permit; 5) If the Telecommunications Tower has been moved, re-located, rebuilt, repaired, or otherwise modified, then whether the Board Town approved such action, and under what terms and conditions, and whether those terms and conditions were complied with and abided by; 6) Any requests for waivers or relief of any kind whatsoever from the requirements of this Law and any requirements for a Special Use Permit; 7) That the Telecommunications Tower is in compliance with the Special Use Permit and compliance with all applicable codes, laws, rules and regulations; 7)8) A copy of the documentation of NIER levels for the site, and 8)9) A copy of the inspection and maintenance records for the Tower. B. If, after such review, the Board Zoning Officer determines that the Telecommunications Tower is in compliance with the Special Use Permit and all applicable codes, laws and rules, then the Board Zoning Officer shall issue a recertificationrecertify the Special Use Permit for the Telecommunications Tower, which may include new provisions or conditions that are mutually agreed upon, or required by codes, law or regulation. C. If the Board Zoning Officer does not complete its review, as required by Subsection (B) above, prior to the anniversary date of the Special Use Permit, then the Applicant shall receive an extension of the Special Use Permitpermit shall automatically be deemed extended for six (6) months, in order for the Board Zoning Officer to complete its review. D. If the holder of a Special Use Permit for a Telecommunications Tower does not submit a request for recertification of such Special Use Permit within the times required by Subsection A above, then such Special Use Permit and any authorization thereof shall cease to exist on the date of the fifth anniversary of the original granting of the Special Use Permit, or subsequent fifth anniversaries, unless the holder of the Special Use Permit adequately demonstrates to the Board Zoning Officer that extenuating circumstances prevented a timely recertification request. If the Board Zoning Officer finds extenuating circumstances, then the holder of the Special Use Permit may submit a late re-certification request. E. The holder of a Special Use Permit may submit a written request for amendment of the Special Use Permit for the purpose of modifying its existing Antenna installations on a Telecommunications Tower, as may be necessary to improve coverage, capacity, deployment of new technology, or other upgraded service. This includes, but is not limited to: 1) Replacement of one or more of the existing Antennas and/or accessory equipment with a different model, type, or operating frequency; 2) Change in the quantity of Antennas and/or accessory equipment; 2)3) Change in power level, orientation, or radiation pattern. F. In the written request for amendmentmodification, the holder of a Special Use Permit shall provide all of the information listed in subsection A above, as well as specific information and supporting documentation for the proposed modification. G. Requests for amendment of a Special Use Permit may be submitted no more than once annually for that permit. F. The Board Zoning Officer will undertake a review of a request for amendment, and shall endeavor to act on such request within ninety sixty (690) days of receiving sufficient information to perform such review. If, after such review, the Zoning Officer determines that the modification is in compliance with the Special Use Permit and all applicable codes, laws and rules, then the Zoning Officer shall issue a Telecommunications Permit for this modification. Section 19. Extent and Parameters of Special Use Permit for a Telecommunications Tower. The extent and parameters of a Special Use Permit for a Telecommunications Tower shall be as follows: 1) Special Use Permits shall be non-exclusive; 2) Special Use Permits shall not be assignable or transferable without the express written consent of the Board, and such consent shall not be unreasonably withheld; 3) Special Use Permits may be revoked, canceled, or terminated for a violation of the conditions and provisions of the Special Use Permit for a Telecommunications Tower, or for a material violation of this Law. 4) Special Use Permits may be revoked, canceled, or terminated in the event the required NIER certifications are not submitted annuallyevery 5 years. 5) If the holder of a Special Use Permit fails to construct the proposed Telecommunications Tower or the proposed co-location Antennas on an existing Tower within twelve (12) months after the effective date of the Special Use Permit, then such permit and any authorization thereof shall expire on the first anniversary of the effective date, unless an extension is granted by the Board. 6) Any request shall be submitted not less than ninety (90) days i n advance of the above expiration date, along with justification for the request. Section 20. Application Fee. A. The Town Board by resolution may set and update application fees. At the time that a person submits an Application for a Special Use Permit for a new Telecommunications Tower, such person shall pay an application fee of $5,000 to the Town of Dryden. If the Application is for a Special Use Permit for co-locating on an existing Telecommunications Tower, the fee shall be $1,000. The fee for a Telecommunications Permit shall be $300. B. No Application fee is required in order to re-certify a Special Use Permit for a Telecommunications Tower, unless there has been a modification of the Telecommunications Tower since the date of the issuance of the existing Special Use Permit. In the case of any such modification, the fees provided in subsection A shall apply. C.B. (1) At the time that a person submits an application for a Special Use Permit for a Telecommunications Tower, or for co-location on an existing Telecommunications Tower, the applicant may submit a written request for a waiver of a portion of the application fee called for in subsection A above, and/or for the initial deposit required by Section 14(B) above, and/or for the payment of the reasonable costs of the Town’s consultant and expert evaluation of any such application as required by Section 14(B). (2) No such request shall be considered unless it is in writing and submitted at the time the application is submitted. (3) No application shall be considered complete until the town board has determined by resolution such request. The town board shall hold a public hearing at least ten (10) days prior notice. At such public hearing the applicant, or the applicant’s authorized representative, shall present the case for such a waiver. In determining such request the town board shall consider only such materials that have been submitted in support of, and in opposition to, such request and the comments made at such public hearing. In submitting such request the applicant shall be deemed to have extended the time in which the town board must decide such application by sixty-two (62) days. (4) In determining such request for a waiver the town board shall consider the following: (a) Whether there is public funding involved for the proposed project, the source thereof and the amount in relation to the total project cost; (b) Whether the proposed project would serve an existing under or un-served population of the town; (c) Whether the proposed project would benefit public centers such as schools, community centers, fire stations, etc.; (d) Whether a similar or the same designed tower is proposed on multiple sites; (e) The completeness and sufficiency of the application and the supporting documentation submitted therewith as required by Local Law No. 2 of the year 2006; (f) Whether it is in the overall public interest to waive a portion of the fees and/or deposit. Section 21. Performance Security The Applicant and the owner of record of any proposed Telecommunications Tower property site shall be jointly required to execute and file with the Town a bond, or other form of security acceptable to the Town as to type of security and the form and manner of execution, in an amount and with such sureties as are deemed sufficient by the Board to assure the faithful performance of the terms and conditions of any Special Use Permit issued pursuant to this Law. The full amount of the bond or security shall remain in full force and effect throughout the term of the Special Use Permit and/or until the removal of the Telecommunications Tower and any necessary site restoration is completed. The failure to pay any annual premium for the renewal of any such security shall be a violation of the provisions of the Special Use Permit and shall entitle the Board to revoke the Special Use Permit after prior written notice to the Applicant and holder of the permit. Section 22. Reservation of Authority to Inspect Telecommunications Towers A. In order to verify that the holder of a Special Use Permit for a Telecommunications Tower and any and all lessees, renters, and/or licensees of a Telecommunications Tower place and construct such facilities, including Towers and Antennas, in accordance with all applicable technical, safety, fire, building, and zoning codes, laws, ordinances and regulations and other applicable requirements, the Town may inspect all facets of said permit holder’s, renter’s, lessee’s or licensee’s placement, construction, modification and maintenance of such facilities, including, but not limited to, Towers, Antennas and buildings or other structures constructed or located on the permitted site. B. The Town shall pay for costs associated with such an inspection, except for those circumstances occasioned by said holder’s, lessee’s or licensee’s refusal to provide necessary information, or necessary access to such facilities, including Towers, Antennas, and appurtenant or associated facilities, or refusal to otherwise cooperate with the Town with respect to an inspection, or if violations of this Law are found to exist, in which case the holder, lessee or licensee shall reimburse the Town for the costs of such inspection. C. Payment of such costs shall be made to the Town within thirty (30) days from the date of the invoice or other demand for reimbursement. In the event that the finding(s) of violation(s) is/are appealed in accordance with the procedures set forth in this Law, said reimbursement payment must still be paid to the Town and the reimbursement shall be held in an account established by the Town specifically for this purpose, pending the final decision on appeal. Section 23. Responsibilities of Special Use Permit Holders. A. The holder of the Special Use Permit for a telecommunications Tower shall construct, maintain, repair, modify, or restore the permitted Tower in strict compliance with all current technical, safety and safety-related codes adopted by the Town, County, State, or United States, including but not limited to the most recent editions of the National Safety Code and the National Electronic Code, the rules and regulations of the FAA and the FCC, as well as accepted industry practices and recommended practices of the National Association of Tower Erectors. The codes referred to include, but are not limited to construction, building, electrical, fire, safety, health, and land use. B. The holder of the Special Use Permit granted under this Law shall obtain, at its own expense, all permits and licenses required by any other applicable law, rule, regulation, or code, and must maintain the same, in full force and effect, for as long as required by the Town or other governmental entity or agency having jurisdiction over the Applicant. C. The holder of the Special Use Permit shall periodically inspect and at all times maintain the permitted Tower in compliance with this Law and all conditions of the Special Sue Permit, including but not limited to items of structural integrity, corrosion protection, visual appearance, lighting, RF emissions, security, and grounding. D. The holder of the Special UsSue Permit shall annually at the time of recertification provide documentation to the Town that NIER levels at the site are within the threshold levels adopted by the FCC. Section 24. Liability Insurance. A. A holder of a Special Use Permit for a Telecommunications Tower shall secure and at all times maintain insurance coverage for the duration of the Special Use Permit in amounts as set forth below: 1) Commercial General Liability: $1,000,000 per occurrence/$2,000,000 aggregate; 2) Automobile Coverage: $1,000,000 per occurrence/$2,000,000 aggregate; 3) Workers Compensation and disability: statutory amounts. B. When the Town is the owner, lessor or otherwise has a legal insurable interest in the site of the Tower, the Commercial General Liability insurance policy shall specifically include the Town and its officers and employees as additional insureds. C. The insurance policies shall be issued by an agent or representative of an insurance company licensed to do business in the State. D. The insurance policies shall contain an endorsement obligating the insurance company to furnish the Town with at least thirty (30) days written notice in advance of the cancellation of the insurance. E. Renewal or replacement policies or certificates shall be delivered to the Town at least fifteen (15) days before the expiration of the insurance which such policies are to renew or replace. F. Before construction or other work on a site or on a Telecommunications Tower is initiated, but in no case later than fifteen (15) days after the issuance of the Special Use Permit, the holder of the Special Use Permit shall deliver to the Town certificate s of insurance representing the required coverage and amounts. Section 25. Indemnification. When the Town is the owner, lessor or otherwise has a legal insurable interest in the site of the Tower, the Special Use Permit issued pursuant to this Law shall contain a provision with respect to indemnification. Such provision shall require the holder of the Special Use Permit, to the extent permitted by the law, to at all times defend, indemnify, protect, save, hold harmless, and exempt the Town, its officers, and employees, from any and all penalties, damage, or charges and including, but not limited to, reasonable attorney’s fees and fees of consultants and expert witnesses arising out of any claims, suits, demands, causes of action, or award of damages, whether compensatory or punitive, or expenses arising therefrom, either at law or in equity, which might arise out of, or are, caused by, the construction, erection, modification, location, products performance, operation, maintenance, repair, installation, replacement, removal, or restoration of a Telecommunications Tower within the Town. Section 26. Penalties. A. A violation of this Law or any provisions, term or condition of a Special Use Permit issued pursuant to this Law is an offense and upon conviction thereof the holder of the Special Use Permit shall pay to the Town a penalty as set forth in this Section. B. Each day that a violation exists beyond one (1) week following written notification by the Town of such violation shall constitute a separate violation, subject to a separate penalty without the requirement of further notification of violation. C. For situations where there is an imminent threat to the health or safety of the public, or the employees of any user or occupant of the Telecommunications Tower, there shall be no requirement for written notification by the Town to the holder of the Special Use Permit. In such situations verbal notification, delivered personally or by telephone, shall be deemed sufficient notice. D. Amounts of Penalty: 1) For violation of any safety-related requirement, $1,000 per day per occurrence; 2) For failure to maintain the permitted site in a safe condition and as required, $1000 per day per occurrence; 3) For construction or beginning construction, including site preparation without a Special Use Permit or undertaking any change or modification in or to a Telecommunications Tower without a Special Use Permit, $1,000 per day per occurrence; 4) For failure to pay to the Town any moneys owed for any reason, $200 per day per occurrence; 5) For failure to comply with any applicable Town, County, State or United States laws, ordinances, rules, regulations or requirements, $1,000 per day per occurrence. E. In addition to any penalty provided for herein the Town may also seek injunctive relief in a court of competent jurisdiction to prevent the continued violation of this Law. Section 27. Default and/or Revocation. A. If a Telecommunications Tower or Telecommunications structure is repaired, rebuilt, placed, moved, re-located, modified or maintained in a manner not in compliance with the provisions of this Law or the Special Use Permit, then the Board shall notify the holder of the Special Use Permit in writing of such violation. Such notice shall specify the nature of the violation or non-compliance and that the violations must be corrected within seven (7) days of the date of the postmark of the Notice, or the date of personal service of the Notice, whichever is earlier. Notwithstanding anything to the contrary in this Subsection or any other Section of this Law, if the violation causes, creates or presents an imminent danger or threat to the health or safety of lives or property, the Board may, in its sole discret ion, order the violation remedied within twenty-four (24) hours. B. If within the period set forth in (A) above the Telecommunications Tower or Telecommunications structure is not brought into compliance with the provisions of this Law, or the Special Use Permit, or substantial steps are not taken in order to bring the Telecommunications Tower or Telecommunications structure into compliance, then the Board may, after a public hearing upon notice to the holder of the Special Use Permit, revoke such Special Use Permit and shall notify the holder of the Special Use Permit within forty-eight (48) hours of such action. Section 28. Removal of a Telecommunications Tower. A. Under the following circumstances, the Board may determine that the health, safety, and welfare interests of the Town warrant and require the removal of a Telecommunications Tower: 1) a Telecommunications Tower with a permit has been abandoned (i.e. not used as a Telecommunications Tower) for a period exceeding ninety consecutive (90) days or for a total of one hundred-eighty (180) days in any three hundred-sixty five (365) day period, except for periods caused by force majeure or Acts of God; 2) a permitted Telecommunications Tower falls into such a state of disrepair that it creates a health or safety hazard; 3) a Telecommunications Tower has been located, constructed, or modified without first obtaining the required Special Use Permit, or any other necessary authorization; B. If the Board makes a determination as noted in subsection A above, then the Board shall notify, in writing within forty-eight (48) hours of such determination, the holder of the Special Use Permit that said Telecommunications Tower is to be removed. In the event that no Special Use Permit was issued for the Tower, such notification shall be provided to the property owner of record. The Board may approve a Temporary Use Agreement/Permit, to enable the sale of the Tower prior to its removal. C. The holder of the Special use Permit, or its successors or assigns, shall dismantle and remove such Telecommunications Tower, and all associated structures and facilities, from the site and restore the site to as close to its original condition as is possible, such restoration being limited only by physical or commercial impracticability, within ninety (90) days of receipt of written notice from the Board. However, if the owner of the property upon which the Telecommunications Tower is located wishes to retain any access roadway to the Tower site, the owner may do so with the approval of the Board. D. If a Telecommunications Tower is not removed or substantial progress has not been made to remove the Telecommunications Tower within ninety (90) days after the permit holder has received notice, then the Board may order officials, representatives or contractors of the Town to remove the Telecommunications Tower at the sole expense of the landowner and permit holder. E. If the Town removes, or causes to be removed, a Telecommunications Tower, and the owner of the Telecommunications Tower does not claim the property and remove it from the site to a lawful location within ten (10) days, then the Town may take steps to declare the Telecommunications Tower abandoned, and sell it and its components. F. Notwithstanding anything in this Section to the contrary, the Board may approve a Temporary Use Agreement/Permit for the Telecommunications Tower, for no more ninety (90) days, during which time a suitable plan for removal, conversion, or re-location of the Telecommunications Tower shall be developed by the holder of the permit, subject to the approval of the Board, and an agreement to such plan shall be executed by the holder of the permit and the Town. If such a plan is not developed, approved and executed within the ninety (90) day time period, then the Town may take possession of and dispose of the Telecommunications Tower in the manner provided in this Section. Section 29. Relief Any Applicant desiring relief or exemption from any aspect or requirement of this Law may request such from the Board at a pre-Application conference, provided that the specific request for the relief or exemption is contained in the original Application f or a Special Use Permit, or in the case of an existing or previously granted Special Use Permit in a request for modification of a Telecommunications Tower and/or facilities. Such relief may be temporary or permanent, partial or complete, at the sole discretion of the Board. However, the burden of proving the need for the requested relief or exemption is solely on the Applicant to prove to the satisfaction of the Board. The Applicant shall bear all costs of the Board or the Town in considering the request and the relief shall not be transferable to a new or different holder of the permit or owner of the Tower or facilities without the specific written permission of the Board, and such permission shall not be unreasonably withheld. No such relief or exemption shall be approved unless the Applicant demonstrates by clear and convincing evidence that, if granted, the relief or exemption will have no significant eaffect on the health, safety and welfare of the Town, its residents and other service providers. Section 30. Conflict with Other Laws Where this Law differs or conflicts with other laws, rules and regulations, unless the right to do so is preempted or prohibited by county, state or United States laws, rules or regulations, the more restrictive or protective of the Town and the public shall apply. Section 31. Effective Date. This Law shall be effective immediately upon filing the same with the New York Secretary of State and shall apply to all applications pending or filed after the effective date. Section 32. Authority. This Local Law is enacted pursuant to the Municipal Home Rule Law. This Local Law shall supersede the provisions of Town law to the extent it is inconsistent with the same, and to the extent permitted by the New York State Constitution, the Municipal Home Rule Law, or any other applicable statute. LOCAL LAW SECTION 3. EFFECTIVE DATE. This Local Law shall take effect immediately upon filing in the office of the New York State Secretary of State in accordance with section 27 of the Municipal Home Rule Law.