HomeMy WebLinkAboutTB 2025-08-21 att TB 2025-08-21
TOWN OF DRYDEN
TOWN BOARD MEETING
August 21, 2025
Hybrid
Present: Cl Daniel Lamb, Cl Leonardo Vargas-Mendez, Cl Christina Dravis, Cl
Spring Buck
Absent: Supv Jason Leifer
Elected Officials: *Rick Young (Highway/DPW Superintendent)
Other Town Staff: Ray Burger (Planning Director)
*Cassie Byrnes (Secretary to the Supervisor)
*David Makar (Dryden Fiber Executive Director)
Loren Sparling (Deputy Town Clerk)
“*” denotes attendance via Zoom
Given Supv Leifer’s absence, Cl Lamb opened the meeting at 6:01 p.m. in his role as
Deputy Supervisor. Board members and audience recited the pledge of allegiance.
RESOLUTION #132 (2025) – APPROVE MEETING MINUTES
Cl Vargas-Mendez offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby approves the meeting minutes of July 10 and
July 17, 2025.
2nd Cl Buck
Roll Call Vote Cl Vargas Mendez Yes
Cl Buck Yes
Cl Dravis Yes
Cl Lamb Yes
Two public hearings (2150 Dryden Rd and 1400 Dryden Rd) were being continued from
last month. They were subsequently left open, as additional information for the Board was
gathered by the applicants.
PUBLIC HEARING
PROPOSED LOCAL LAW TO OVERRIDE THE TAX LEVY CAP
Cl Lamb opened the public hearing at 6:05 p.m. He explained that this is being done as
a precautionary measure to allow for unforeseen needs (e.g., highway vehicle failure or lighting
district needs) and to maintain flexibility in budgeting, emphasizing that the Board does not
plan to exceed the state-mandated 2% tax levy cap but could do so if needed. “We see this as
an unnecessary incursion into local government.”
Residents in the audience expressed significant concern. John Bailey, 12 Highland Dr,
argued that overriding the tax levy cap is a matter of convenience. It should not be a matter of
convenience, but rather a matter of necessity. Taxpayers should know the reasons the Board
may have to exceed the cap. He highlighted the significant and increasing burden of combined
village, town, county, and school taxes, stating that the resources of the individual are not
unending. Tom Corey, 39 Lee Rd, voiced his support for this, stating “We are at a limit. We
have reached the edge.”
TB 2025-08-21
Cl Buck explained that the State imposes deadlines for which there would be a very
short turnaround time if the Town were to adhere to the tax levy cap. It is just trying to be
efficient, not flip or disrespectful of the needs. Cl Lamb added that the tax levy cap is basically
Albany telling local governments how to finance their government needs. When the state law
was passed, it was given an escape hatch. If a local legislature with a supermajority of votes
wants to exceed the state mandate, then it can.
The Board overrides the tax levy cap every year, has a pretty consistent and open
budget process, and a track record of keeping taxes steady, even cutting the tax rate when
assessments rise. Cl Lamb touted the Town’s efforts to grow the tax base, citing the solar
projects in Town and the investments by Berkshire Hathaway for the Borger Station on Ellis
Hollow Creek Rd.
T Corey raised concerns about voting on the override so early in the budget season,
rather than when the budget is more finalized and the public can comment with some
knowledge about the reason for which an increase may be asked. He related that such
expediency to pass an override was inappropriate. It is only appropriate to pass a resolution
when you are going to exceed the cap. If it causes a little bit of inconvenience for Board
members, that is unfortunate, but it is the proper procedure for the public who pays the tax.
Cl Buck elucidated that the Town does not pad its fund balance to react to things like a
truck going down. We budget really, really tight, and do not leave ourselves much wiggle room.
So that is part of why we go into the budget this way.
At this point, the proposed local law was displayed onscreen.
Anne Marie Sheridan, 99 Wood Rd, wondered if the articles of the local law imposed a
cap (above the 2% state-mandated cap) that cannot be exceeded. The proposed law as written
sounds like a blank check, because if there is an unanticipated emergency, you can raise the
levy by 50% or more. She backed the position that the Board should consider this law later in
the year, adding that she would feel more comfortable if there were a cap, akin to school
budgets (e.g., “increase by no more than 50%”), especially when major employers are cutting
jobs and laying people off.
Cl Lamb noted the desire for a self-imposed cap and further voiced that the state tax
levy cap was an artificial construct that was put in place by a former governor. Board members
did not want a superficial process imposed on the Town by Albany. Nobody imposes that
process on Albany and nobody imposes that process on the federal government; neither of
those entities have a cap. He welcomed any suggestions from Town residents about the budget
(e.g., misspent funding, overly high taxes, or recommended cuts) but was not going to take
marching orders from Albany.
He indicated that their track record on budgeting and being prudent is something to be
proud of, as increases and decreases in past budgets have been fairly consistent. In addition,
as will be presented tonight, a third party audit of the Town’s entire budget occurs every year.
Our books are open to anybody.
J Bailey and A M Sheridan expressed a trust issue with Board members stemming from
the Board’s stated dislike of the state law and the perceived lack of transparency or specific
justification for the override.
Cl Buck did not want those in attendance to feel as if Board members were
spendthrifts. She acknowledged residents’ worries over inflation (due to tariffs) and potential
housing loss but explained that the Town provides services (e.g., plowing roads) to these same
TB 2025-08-21
residents. Should the Town find itself in a situation whereby the tax levy comes in at 2.1% or
2.3% to pay for these services, the Town would have to cut services. She clarified that adopting
the local law does not mean that we pass the budget. It just means that, if we get to that point,
we do not have to change the law in the middle.
T Corey offered that he and the others are simply looking for compromise. He
understands that the Board has to pass the local law but would like to see a cap in place to
limit spending.
There were no further comments, and the public hearing was closed at 6:36 p.m. Cl
Lamb acknowledged the concerns of the audience but stated that the Board has a different
approach. If something arises that residents care about, this local law will give Board members
the flexibility to respond.
RESOLUTION #133 (2025) – ADOPT LOCAL LAW TO EXCEED THE TAX LEVY CAP
Cl Lamb offered the following local law and asked for its adoption:
RESOLVED, that this Town Board hereby adopts the following local law and directs the
Town Clerk to file the same with the Secretary of State of the State of New York:
A Law to Override the Tax Levy Limit Established in
General Municipal Law §3-C
Section 1. Legislative Intent: It is the intent of this local law to override the limit on
the amount of real property taxes that may be levied by the Town of Dryden, County of
Tompkins pursuant to General Municipal Law §3-c, and to allow the Town of Dryden, County
of Tompkins to adopt a town budget for (a) town purposes, (b) fire protection districts, and (c)
any other special or improvement district, and Town improvements provided pursuant to Town
Law Article 12-C, governed by the Town Board for the fiscal year beginning January 1, 2026
and ending December 31, 2026 that requires a real property tax levy in excess of the “tax levy
limit” as defined by General Municipal Law §3-c.
Section 2. Authority: This local law is adopted pursuant to subdivision 5 of General
Municipal Law §3-c, which expressly authorizes the Town Board to override the tax levy limit
by the adoption of a local law approved by vote of at least sixty percent (60%) of the Town
Board.
Section 3. Tax Levy Limit Override: The Town Board of the Town of Dryden, County
of Tompkins is hereby authorized to adopt a budget for the fiscal year 2026 that requires a real
property tax levy in excess of the limit specified in General Municipal Law §3-c.
Section 4. Severability: If any clause, sentence, paragraph, subdivision, or part of this
Local Law or the application thereof to any person, firm or corporation, or circumstance, shall
be adjusted by any court of competent jurisdiction to be invalid or unconstitutional, such order
or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined
in its operation to the clause, sentence, paragraph, subdivision, or part of this Local Law or in
its application to the person, individual, firm or corporation or circumstance, directly involved
in the controversy in which such judgment or order shall be rendered.
Section 5. Effective date: This local law shall take effect immediately upon filing with
the Secretary of State.
2nd Cl Dravis
Roll Call Vote Cl Vargas Mendez Yes
TB 2025-08-21
Cl Buck Yes
Cl Dravis Yes
Cl Lamb Yes
PRESENTATION
TOWN AUDIT REPORT
Evan Cleveland (Insero & Co, CPAs) gave a presentation on the recent audit of the
Town’s 2024 finances, reviewing the executive summary for Board members (see attached).
Insero & Co issued an unmodified (clean) opinion on the financial statements, meaning the
Town’s assets, liabilities, net position, revenues, and expenses are all fairly stated in all
material respects. An unmodified opinion was also rendered for their report on internal control
over financial reporting. There were no material weaknesses, significant deficiencies, or non-
compliance of note associated with their management comment letter.
Because the Town expended over $750,000 in federal awards, a single audit under
uniform guidance was required. An unmodified opinion was rendered on that report, with no
material weaknesses, significant deficiencies, or non-compliance. The total federal expenditures
for Dryden in 2024 was just over $1.5 million, $636,000 of which was associated with
broadband.
Insero & Co is required to communicate certain things to those in charge of governance.
They do that through a specific letter and that letter contains no comments or concerns
regarding any of those items. E Cleveland noted that there were a few new accounting
standards that were implemented (GASB Statement #100 and GASB Statement #101), yet
these did not have any material impact on the financial statements. There was no significant
impact from what was done under the previous standard versus what is done under the
current standard.
Total assets by the end of 2024 amounted to $3.3 million in the general fund. There had
been some fluctuations within that fund due to broadband projects. Cash and investments
decreased by about $1.4 million, which was then offset by a receivables increase of $1.6
million. Total liabilities were $431,000, an increase of about $60,000. There was a slight
increase in accounts payable and accrued liabilities, based mostly on the timing of when
invoices show up near the year’s end and what the service period was for.
Total fund balance was $2.8 million within the general fund, $2.3 million of which is
unassigned. Total revenue was $2.3 million.
Total expenditures were a little over $3 million. In 2024, there were some more
equipment purchases within general governmental support, costing about $300,000. Of the
other governmental funds, the broadband fund had more activity than the previous year (which
was the first year of the fund).
Revenues from governmental activities (e.g., real property taxes and tax items) hovered
around the 70% range, and this is consistent with other towns for which Insero conducts
audits. The majority of governmental expenses are within the transportation fund, exactly the
same percentage for all functions as in 2023.
Overall, sound financial management and strong internal controls were indicated,
which Cl Lamb cited as a basis for public trust. Consistency is good.
On behalf of Insero & Co, E Cleveland expressed appreciation for all of Amanda
Anderson’s efforts. Every year, she gets better at what she does as the complexity of the Town
increases. Seeing auditors as valuable partners, Cl Buck thanked Insero for their services. Cl
TB 2025-08-21
Lamb communicated the importance of the audit, especially in terms of receiving state and
federal grants, and thanked Insero as well.
PLANNING DEPARTMENT
R Burger reported that the monthly update is on the website. He also conveyed that
New York State recertified Dryden’s designation as a pro-housing community, enabling the
Town to access additional grant funding from the state government.
DRYDEN FIBER
D Makar presented his monthly report for July 2025 (see attached), in addition to
actions that have occurred since then. As of August 1, Dryden Fiber had 452 paying
customers, 20 of whom were added in July. (The service started in 2023 with only eight
customers.) Monthly revenue for July was $24,500; year-to-date revenue amounted to
$138,000, with total revenue for 2025 being projected at $290,000. (In the four-year period
spanning 2021-2024, a total of $62,000 was collected.)
Earlier this month, D Makar and Cl Lamb met with Amanda Weinstein, a professor who
studies the economic impact of fiber projects, who provided some insight into the project. The
average customer is saving about $45/month from what they were paying previously, meaning
nearly $300,000 is being kept locally or regionally instead of going somewhere else. Apart from
this direct financial impact, customers have more flexibility for telework, telehealth, and
education. Cl Lamb added that Dryden Fiber is concurrently saving people time and improving
their quality of life, while seeing money stay in the community. Although dollar savings was the
easiest way to demonstrate the total economic impact of Dryden Fiber, D Makar noted that
jobs, job creation, people who are able to work from home, and average income increasing will
also be tracked over the next few years to showcase the impact of the service.
We continue to hold at 1,800 parcels, which is just over 30% of the Town.
The total cost for the Municipal Infrastructure Program (MIP) project has increased to
$12.55 million (a $2.65 million increase from a year ago) to right-size costs and add 14 miles of
missing fiber. Verbal approval for this has been given from the ConnectAll office, with formal
approval expected after the Empire State Development Board meeting in September. A Grant
Disbursal Agreement (GDA) should be in place in October. Upon GDA receipt, we can sign and
submit our first reimbursement request, which we estimate to be around $2 million. We expect
to receive this payment early in quarter 1 of 2026. Following that, there will be three more
tranches: one in the spring, one in late summer, and the last at the end of next year.
The MIP program targets parcels that are either unserved (limited to dial-up speeds) or
underserved (limited to DSL speeds). The Towns of Dryden and Caroline collectively have 474
unserved households and 74 underserved households. Dryden Fiber will allow them and every
house we pass on the way to have fiber optic service.
Dryden Fiber was highlighted as the first and potentially only municipally owned and
operated ISP in New York State.
At present, we have the highest number of contracts and legal agreements in the
project’s history, including major construction bids, electrical make-ready agreements, an MIP
project financials audit, and intermunicipal agreements. These contracts are at different
stages, ranging from talking with the attorneys to preparing them for the Board to sign.
Dryden Fiber’s methodology for design and construction was completely changed over
the summer. The old method was implemented in small, sequential pieces with multiple vendor
TB 2025-08-21
partners. The new process has four major pieces to bid out for the MIP project, utilizing a
single firm to manage the job of construction through splicing for each piece. This is expected
to speed up the project by three to four times and cut overall project time in half, aiming to
finish in two and a half years. The Freeville Expansion RFP (slated for release tomorrow or
Friday) is the first step in this new process, going out from the Village of Freeville northeast
toward McLean, north along Rte 38 and Ed Hill Rd, and west to West Dryden along Bone Plain
Rd and W Dryden Rd. This will come to the Board for a vote of approval at its September 18
meeting, after which work can commence. With this new process, there is a lot more clarity
about what is being worked on, and should there be any issues with an area, they can shift to
another part of the project and keep things moving forward. D Makar noted that there are a
good number of Dryden residents considered unserved or underserved that reside within the
project area of the Freeville Expansion.
HIGHWAY/DPW DEPARTMENT
R Young reported that the Varna sewer project is moving forward. His department is
currently working on the bypass to pump the sewer around while the line itself is replaced.
This will continue into next week.
A lot of paving has been done, and a lot of the roads have been cleaned up. Striping will
occur once the micropaving is completed. With regard to roadside mowing, they are on their
second cutting.
This week, his department completed work on the washout by the F. H. Fox bridge, and
they are currently waiting for some grass seed that was specifically requested for that area.
Once they get that, that part of the Rail Trail will be complete.
Within the limits of Dryden Village, the Town DPW will help the Rotary Club to erect a
peace pole on the Rail Trail (between a gas vent and a signboard), on Main St across from
Agway. The deck of the Mill St bridge is also in desperate need of repair. These fall to R Young
to fix because the Village had previously turned these all over to the Town.
All three generators that were installed at the Yellow Barn, Freeville, and Pinckney Rd
POPs are up and running for Dryden Fiber. D Makar added that this was done to ensure
network uptime during power outages. This significantly improves resilience, especially
considering what transpired during the ice storm last November.
Bollards were also installed on Pinckney Rd and Mill St, so that if a vehicle slipped off
either of those roads, they would not hit the POPs or the generators.
Cl Lamb relayed a message from a resident that complimented all the work that the
Town DPW has done on the Rail Trail.
DISCUSSION/ACTION ITEMS
Rename the Climate Smart / Clean Energy Task Force. To reflect the achievement of
initial certification goals and an ongoing commitment to greenhouse gas reduction, planning,
adaptation, and mitigation against climate change effects, a resolution was presented to
transition the Climate Smart / Clean Energy Task Force to a permanent Climate Action
Committee.
Cl Lamb appreciated all that was stated and explained in this resolution and felt that
such bodies will further engage the residents of the Town to become involved members of Town
government.
TB 2025-08-21
RESOLUTION #134 (2025) – A RESOLUTION OF THE TOWN BOARD OF THE TOWN OF
DRYDEN TO TRANSFORM THE CLIMATE SMART TASK FORCE TO A PERMANENT
CLIMATE ACTION COMMITTEE
Cl Lamb offered the following resolution and asked for its adoption:
WHEREAS, in 2016 the Town of Dryden approved a pledge to work toward becoming a
New York State Climate Smart Community; and
WHEREAS, in 2019 the Town of Dryden created the Climate Smart Task Force to work
towards Climate Smart Communities Certification and Clean Energy Communities grants; and
WHEREAS, in July 2025 the Town achieved the highest level currently possible in
Climate Smart Communities Certification (Silver); and
WHEREAS, the Town was awarded over $300,000 in Clean Energy Communities grant
money for measures taken to reduce greenhouse gases before the program funding was
indefinitely paused by New York State in November 2024; and
WHEREAS, the initial objectives of the Climate Smart Task Force have thus been
achieved; and
WHEREAS, it has been scientifically established that the climate all over the world is
becoming generally hotter, the atmosphere more carbon-saturated, and unpredictable weather
events are becoming more frequent and severe; and
WHEREAS, much more work can be done to protect the Town and its residents from the
deleterious effects of climate change;
NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Dryden, State
of New York, as follows:
that the Town of Dryden hereby creates the Climate Action Committee to continue the
work begun by the Climate Smart Task Force towards greenhouse gas reduction and preparing
the Town to cope with the deleterious effects of climate change through assisting and advising
the Town and its community with planning, adaptation, and mitigation; and
that, for the purpose of New York State’s Climate Smart Communities program, the
Climate Action Committee will function as the Town of Dryden’s Climate Smart Task Force and
the new Committee Coordinator will continue to be the Climate Smart Communities
Coordinator; and
that the Town appoints the existing members of the Climate Smart Task Force to the
Climate Action Committee; and
that the Town appoints Jack Wright to serve as Climate Action Committee Chair and
Gina Cassidy to serve as Climate Action Committee Coordinator.
The Town of Dryden Clerk shall certify the adoption of this Resolution, effective
immediately, by the Town Board.
2nd Cl Dravis
Roll Call Vote Cl Vargas Mendez Yes
Cl Buck Yes
TB 2025-08-21
Cl Dravis Yes
Cl Lamb Yes
Approve Danella Task Authorizations for Dryden Fiber Pole Permits. D Makar
explained that we need to be able to hire companies to go to the utility poles where we want to
put fiber and move what is currently on those poles to make room for our connections. These
are done by permit, and each permit can account for a maximum of 150 utility poles.
Approvals must also be sought from the owner(s) of the poles. Then, the work is put out to bid,
and we have two to five different companies that will bid to do this work. To his knowledge, all
of the bids that have so far been selected have been won by H Richardson & Son and Danella.
Cl Lamb clarified that the Town Board has to authorize each individual bid award.
D Makar elucidated that DRY011 and DRY021 are just two of the 40 regions of poles
that Dryden Fiber will be building.
RESOLUTION #135 (2025) – APPROVE DANELLA TASK AUTHORIZATION FOR DRYDEN
FIBER
Cl Lamb offered the following resolution and asked for its adoption:
Whereas, Danella Power Services Inc had the lowest bid for billable work for two Dryden
Fiber pole permits:
DRY011_CAOMIP DRY021_CAOMIP
Therefore, be it resolved that the Town Board authorizes the Town Supervisor to sign
the task authorizations related to these permits.
2nd Cl Vargas-Mendez
Roll Call Vote Cl Vargas Mendez Yes
Cl Buck Yes
Cl Dravis Yes
Cl Lamb Yes
Approve Master Service Agreement for Dark Fiber Licensing with Point
Broadband. D Makar explained that this is a 10-year lease with Point Broadband to use three
miles of its network (east along Mt Pleasant Rd beginning at Deerhaven Dr) for Dryden Fiber’s
backbone (see attached). By renting it for 10 years, it saves us quite a bit of money. In addition,
the initial MOU with Point Broadband in 2022 stipulated that they use our rental funds to
build out their own fiber network along Baker Hill Rd. This was an island of unserved and
underserved houses that we knew we were not going to be able to build to for years. There are
22 Dryden residents on Baker Hill Rd, 18 of whom are currently signed up with Point
Broadband fiber, and we contributed to this.
RESOLUTION #136 (2025) – APPROVE MASTER SERVICE AGREEMENT FOR DARK FIBER
LICENSING WITH POINT BROADBAND
Cl Lamb offered the following resolution and asked for its adoption:
RESOLVED, that the Town Board approves the Master Service Agreement for Dark
Fiber Licensing with Point Broadband Fiber Holding, LLC, dated August 15, 2025, and
RESOLVED, that the Town Board authorizes the Town Supervisor to sign this same
Master Service Agreement.
TB 2025-08-21
2nd Cl Vargas-Mendez
Roll Call Vote Cl Vargas Mendez Yes
Cl Buck Yes
Cl Dravis Yes
Cl Lamb Yes
Agreement with Tompkins County for Feasibility Study re: Trail Development. Cl
Lamb explained that this is an agreement with the Ithaca-Tompkins County Transportation
Council for work related to Phase 3 of the Dryden Rail Trail (see attached). R Burger added that
this was approved in their budget back in March and April. We approved the contracting out of
this, and they are providing over 90% of the funding. This just enters into a formal agreement
with the County for them to reimburse us for $9,537.
In reviewing the agreement, it was noted that the contractor is the Town.
RESOLUTION #137 (2025) – APPROVE AGREEMENT WITH TOMPKINS COUNTY FOR A
FEASIBILITY STUDY RE: TRAIL DEVELOPMENT
Cl Lamb offered the following resolution and asked for its adoption:
RESOLVED, that the Town Board approves the Agreement with Tompkins County
(Contract #2025-237-ITCTC), revised June 2025, to provide planning for trail development in
the Town of Dryden, and
RESOLVED, that the Town Board authorizes the Town Supervisor to sign this same
Agreement.
2nd Cl Buck
Roll Call Vote Cl Vargas Mendez Yes
Cl Buck Yes
Cl Dravis Yes
Cl Lamb Yes
Authorize the Supervisor to Apply for and Receive Funding under the 2025
Community Development Block Grant (CDBG) Program. The public hearing about this will
be scheduled for September 11 for the purpose of hearing public comments on the Town’s
community development needs, specifically as they relate to wastewater improvements at the
Hanshaw Village Mobile Home Park. The Town is focusing on this project alone on its
application to the CDBG program this year for up to $1.5 million in funding.
Addressing a question about the success rate of receiving grants for projects such as
this, R Burger remarked that we have been in conversation with the Housing and Community
Renewal office, the state administrators of this grant program. They see this as very high
scoring, a desirable project.
RESOLUTION #138 (2025) – AUTHORIZING THE SUPERVISOR TO APPLY FOR AND
RECEIVE FUNDING UNDER THE 2025 COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM
Cl Lamb offered the following resolution and asked for its adoption:
WHEREAS, the U.S. Housing and Community Development Act of 1974 (P.L. 93-383), as
amended, provides for the development of viable urban communities by providing decent housing
TB 2025-08-21
and suitable living environment and expanding economic opportunities, principally for persons
of low and moderate income; and
WHEREAS, said Act authorizes the Secretary of Housing and Urban Development (HUD),
through the New York State Office for Small Cities to make grants to units of general local
government to help finance Community Development Programs under Section 103 (a)(1) of Title
I; and
WHEREAS, under said legislation, eligible applicants in the case of municipalities, are
required to authorize an official representative to file the application and to provide the Secretary
with certain assurance of compliance with applicable laws and regulations under Title I of said
Acts; and
WHEREAS, it is desirable to conduct and hold a public hearing pursuant to the HUD Act
to obtain the views of the citizens on Community Development needs, to establish priorities, and
subsequently to develop the application, programs and any amendments or revisions thereto;
and
NOW, THEREFORE, IT IS RESOLVED, by the Members of the Town Board: That the
Town Clerk is hereby authorized to publish a Notice of Public Hearing to be held on September
11, 2025, at 6:05 p.m. at the Town of Dryden Town Hall to provide an opportunity for the Town
to:
a. Provide the citizens of the Town with adequate information concerning the amount of
funds available for proposed community development activities, the range of activities
that may be undertaken and other important program requirements.
b. Provide citizens adequate opportunity to participate in the development of the
application, any revisions, changes or amendments to the application, prior to the
submittal.
BE IT FURTHER RESOLVED, that the Supervisor by and hereby is authorized to execute
and file an application on behalf of the Town of Dryden with the New York State Office of Homes
and Community Renewal for a community development grant pursuant to Title I of the Housing
and Community Development Act of 1974, as amended; and
BE IT FURTHER RESOLVED, that the Supervisor is hereby authorized and designated
as the representative and to act as such in connection with the application to provide additional
information as may be required including all understandings and assurances contained in the
application; and
BE IT FURTHER RESOLVED, that the Supervisor is hereby authorized and directed to
execute any contract and/or agreement with the New York State Office of Homes and Community
Renewal in connection with the Application and his designee is further authorized to request and
expend funds from the U.S. Government pursuant to said contract and/or agreement; and;
BE IT FURTHER RESOLVED, to the extent all or any actions hereby authorized have
been executed and/or performed by the Supervisor all are hereby ratified and confirmed and this
Resolution take affect immediately.
2nd Cl Vargas-Mendez
Roll Call Vote Cl Vargas Mendez Yes
Cl Buck Yes
Cl Dravis Yes
Cl Lamb Yes
TB 2025-08-21
Cardinal Dr and Hanshaw Rd – Planned Unit Development (PUD) Proposal. Larry
Fabbroni Jr (project planner and architect) and Joe Lovejoy (property owner) distributed a
handout entitled “The Cottages on Hanshaw: Preliminary PUD Proposal” (available on Town
website) to Board members to accompany their presentation of a sketch plan for a development
on an eight-acre parcel along Hanshaw Rd, just east of Sapsucker Woods Rd. The Planning
Board has already provided great feedback on the project, as well as some encouragement.
They are here tonight to see what feedback the Town Board might have for them.
Currently the area is zoned Neighborhood Residential, which allows for single family
homes and accessible units. L Fabbroni and J Lovejoy are proposing a PUD in order to
undertake a higher density, clustered cottage development that cannot be done in that location
under existing rules.
The development will consist of 35 residential units (rentals), with each 1-3 bedroom
unit comprising 675-1200 sq ft. They will be all-electric units, with ground floor units and one-
bedroom units expected to be ADA accessible/adaptable. There will be a pretty even split of 1-,
2-, and 3-bedroom units in the development in order to serve families as well as individuals.
A recreation area will be accessible to the wider community with pathways connecting
to adjacent neighborhoods; an open air pavilion, a play structure, and lawn space for leisure
activities are envisioned for this. Other open spaces will serve as shared backyards just for
residents of the development.
Main access to the development will be from Hanshaw Rd (due to great visibility from
both directions) and secondary access will be from Cardinal Dr. Traffic calming measures are
planned to discourage use of the development as a shortcut between Hanshaw and Sapsucker
Woods Rds (via Cardinal Dr). If the presence of speed bumps does not initially curtail through-
traffic, signs that say “Private Road” are envisioned.
Stormwater will be handled by a retention basin at the east end of the site, as well as a
network of rain gardens, bioretention areas, and swales throughout the development that will
also provide good aesthetics.
Nine of the 35 units are outside the existing water and sewer district, requiring
expansion of the districts. The Planning Board encouraged this, and the Town Board expressed
favor as well. The sewer system would be a gravity system. Preliminary discussions with the
Village of Cayuga Heights about plant service have been positive. There are ongoing
discussions with the Town of Ithaca regarding I&I issues.
The Board commended the thoroughness of the overview and expressed enthusiasm for
the project, noting the need for more housing in the community.
Other questions by Board members were addressed with the following responses:
• The intent of the project is to leave the existing tree screening in place as much as
possible. They will, however, conduct an inventory of the extant types of screening to determine
the amounts of good growth versus accumulated brush in order to assess whether there might
be a better type of screening that might serve the site long-term.
• Sidewalks will be incorporated into the plan.
Cl Buck supported the development’s access to Cardinal Dr, as that will be a good
pedestrian/bicycle route by which to pick up TCAT. (On Hanshaw, TCAT access is not so good.)
In addition, given the rising popularity of e-bikes, she advocated having outdoor bike parking
in place so that those electric bikes are not inside the buildings should there be a battery fire.
TB 2025-08-21
Lastly, she advanced the use of dark sky-approved lighting for the benefit of residents and the
nearby Cornell Lab of Ornithology.
McClintock Rd Speed Limit Reduction Request. Board members received a letter
requesting the speed limit on McClintock Rd be reduced from 55 mph to 45 mph.
RESOLUTION #139 (2025) – REQUEST TO LOWER SPEED LIMIT ON MCCLINTOCK ROAD
Cl Lamb offered the following resolution and asked for its adoption:
WHEREAS, McClintock Road is frequently used by pedestrians, joggers, and bicyclists,
yet lacks shoulders or designated pedestrian paths,
WHEREAS, McClintock Road has become more heavily travelled over the years, with
many drivers using the road as a shortcut, often travelling at speeds well in excess of the
posted 55 mph limit,
WHEREAS, McClintock Road features multiple hidden driveways, crests, and dips that
limit visibility and reaction time for drivers, thus creating a dangerous environment for all
users, particularly those not in vehicles,
WHEREAS, McClintock Road is home to several working farms with livestock and
associated farm activities that use the road, and is a known crossing area for local wildlife,
such as deer and turkeys, and
WHEREAS, the Town Board is concerned with the safety of the travelling public,
pedestrians, bicyclists, and residents of McClintock Road, now therefore be it
RESOLVED, that the Town Board hereby requests that the speed limit on McClintock
Road be reduced to 45 mph and that NYS Department of Transportation conduct a study of the
area to determine whether such a reduction in speed limit is warranted and whether there are
other traffic mitigation and safety measures that should be considered and implemented.
2nd Cl Dravis
Roll Call Vote Cl Vargas Mendez Yes
Cl Buck Yes
Cl Dravis Yes
Cl Lamb Yes
ADVISORY BOARD UPDATES
Affordable and Workforce Housing Committee. Cl Vargas-Mendez reported that their
application for a Tompkins County Housing Affordability and Supportive Infrastructire Grant
(HASIG) was approved. The Town will receive $10,000 to hire a consultant to undertake a
comprehensive study of the “Leonardo parcel” (located between NYSEG and Rte 366) for a mix
of housing possibilities.
Conservation Board. Cl Buck reported that the EMC has updated their UNA maps, and
those should be coming soon. Donations are now being accepted for the Bob Beck Memorial
Tree Planting, which was promoted in this month’s newsletter. There was some discussion
around the general preservation of trees, given recent concerns about trees being taken down
on private property. An update was given on Cornell’s proposed eagle aviary, which is in
essence a giant flight cage for rehabbing birds practicing how to turn again before being
released into the wild. Social media guidance was shared because of an interest in doing more
outreach and education around conservation.
TB 2025-08-21
The majority of the meeting, however, focused on concerns about the Dryden Lake
Dam. She asked Board members whether there was anything the Conservation Board could do
to engage on the issues surrounding Dryden Lake. Cl Lamb suggested, now that the DEC has
broken down the $3.4 million Dryden Lake Dam project into components, that the
Conservation Board review the estimates to see whether they are in the ballpark of what we
think they should be (e.g., $1 million for concrete). DEC states that the estimates are subject to
change, so he would not mind having another set of eyes look at those. Cl Lamb will send the
estimates to Cl Buck to disseminate to the Conservation Board.
Planning Board. Cl Lamb reported that the executive director of the William George
Agency came before the Planning Board and made the case for a new family meeting facility via
sketch plan review. The Planning Board was, for the most part, impressed.
L Fabbroni also presented on The Cottages on Hanshaw. The Planning Board seems to
be favorably inclined to this project as well. Cl Lamb noted that a PUD project is required to
come before both the Planning Board and Town Board for approval; public hearings will be had
by both.
Lastly, the Planning Board discussed the next phases of the zoning rewrite, as we are
waiting for Phase 1 (which includes the data centers) to be completed by the consultant.
Climate Action Committee. Cl Dravis reported that news of our silver Climate Smart
Communities certification was picked up by the media. Task Force members also put in a
significant effort to transition from Task Force to Committee. She added that the Repair Café
will take place on October 4.
Rail Trail Task Force. Cl Lamb reported that three alternative routes from Pinckney Rd
to Freeville are being reviewed. Additionally, we are waiting for NYS DOT to approve our revised
bid package for the Rte 13 pedestrian bridge; they have had it since August 4. A bench location
has also been approved by the DEC to commemorate Buzz Lavine.
Agriculture Advisory Committee. There was no report, as Supv Leifer was absent.
DRYC. There was no report, as Supv Leifer was absent.
CITIZENS PRIVILEGE
Tom Corey distributed a handout to Board members and read it as follows:
For the past 225 years, Dryden Lake has survived as an example of Dryden’s industrial
and agricultural past, and as a cultural and recreational fixture in our contemporary
environment. The Lake is the site of a popular town park, is a good, productive fishery,
and is used for boating and kayaking. It’s the terminus of Dryden’s Jim Schug Trail,
and as such is seen as one of Dryden’s most important features. Originally improved by
damming in 1801, it is perhaps the first major capital improvement in the Town. The
dam has been replaced several times to maintain the lake, and as the dams aged or
failed, as it did in 1901. That failure caused millions of dollars in damages and put at
risk the lives of hundreds of residents downstream. The current 50 year old wood crib
dam, owned and maintained by NYS DEC, was declared deficient/derelict five years
ago, and a new dam was designed, approved and sent to bid this past March. The bids
of $3.4 million exceeded the allocated funds of approximately $1.2 million and the
project was cancelled.
TB 2025-08-21
The town met, in private, with officials of DEC last month and DEC informed the town
that, failing another solution, the dam, being unsafe, would need to be deconstructed
and the result would be the effective loss of the lake, its area being effectively reduced to
a wetland.
I feel that the lack of an official position by the Town on the future of the Lake is
unconscionable and that the town should be on record and working aggressively with
our State representatives and the public toward maintaining our Dryden Lake as a
Lake.
To that end, I propose a Resolution for consideration by the Board:
To: NYS Department of Environmental Conservation, Region 7
Dryden Lake is owned and controlled by NYS. It has been a fixture of Dryden since it was
first improved by damming in 1801, making it one of the earliest capital projects in the
town, predating the establishment of Tompkins County. As a cultural and recreational
asset, it is revered by the community, and its loss would be irreplaceable.
The timber crib dam, which maintains the lake, is over 50 years old and was declared
derelict by the State in 2020. Plans for a replacement dam were prepared and approved,
and bids were received of approximately $3.4 million, exceeding the project estimate of
$1.2 million. The necessary additional funds were not allocated, and the project has been
cancelled, calling into question the future of the dam and the Lake.
Be it resolved, the Town of Dryden will accept no determination that eliminates or reduces
the utility of Dryden Lake by removing the dam or other means. Dryden Lake must remain
a vital part of our future as it has been in the past.
Craig Schutt expressed his support for what T Corey just said and emphasized the
need for a public meeting to allow residents to voice their feelings on the subject and be
informed about what is being done.
Cl Lamb maintained that the public has a right to speak to Board members about their
thoughts at Town Board meetings, clarifying that the dam has sustainability issues but is not
about to break. He had no doubt that Board members would do all they could to preserve the
lake but stated that the situation was still too fluid for a public meeting as the Board was still
in gathering information. It does not yet have a good set of answers or a plan of action to
convey. If a public meeting were to be held now, people would leave with more questions than
answers and that is never a good situation in a public meeting.
Board members suggested passing the issue to the Conservation Board for plan
development (e.g., public letter-writing campaign to state representatives).
It was also suggested that the DEC, as maintainer of the dam, should hold the public
hearing.
Anne Marie Sheridan wondered whether a conflict of interest disclosure and review
were part of the audit. She also wondered about the relationship between Dryden Fiber and the
Town, to which she was given the answer that Dryden Fiber is right now a part of the Town;
the insurance that protects the Town protects Dryden Fiber.
She closed by stating that feedback from constituents should not be viewed as
inconveniences to run over or dismiss. The public hearing held earlier was performative and
she asked that residents’ thoughts and feelings be considered in the future.
TB 2025-08-21
There being no further business, the meeting was adjourned at 8:52 p.m.
Respectfully submitted,
Loren Sparling
Deputy Town Clerk
TOWN OF DRYDEN
EXECUTIVE SUMMARY
EXECUTIVE SUMMARY OF 2024
AUDIT REPORT AND FINDINGS
Auditors’Report on Financial Statements and SupplementaryInformation
•Unmodified Opinion
Auditors’Report on Internal Control Over Financial Reportingandon Compliance in Accordance with Government AuditingStandards
•Unmodified Opinion
Management Comment Letter
•No material weaknesses or significant deficiencies noted.
Auditors’Report on Compliance and Internal Control for EachMajorProgramRequiredbyUniformGuidance
•Unmodified Opinion
•Total federal expenditures of $1,503,243 for the year endedDecember31,2024.
2
REQUIRED COMMUNICATIONS
Communication with Those Charged with Governance at the
Conclusion of the Audit. No comments of concern to be reported
regarding the following:
•Qualitative Aspects of Accounting Practices
•Difficulties Encountered in Performing the Audit
•Corrected and Uncorrected Misstatements
•Disagreements with Management
•Management Representations
•Management Consultations with Other Independent Accountants
•Other Audit Findings or Issues
•Other Matters
3
GENERAL FUND: ASSETS
GENERAL FUND: LIABILITIES
2024 2023 2022
Assets
Cash and Investments 848,473$ 2,296,020$ 2,313,412$
Receivables 2,367,205 564,363 448,493
Prepaid Expenses 91,398 30,404 29,803
Total Assets 3,307,076$ 2,890,787$ 2,791,708$
December 31,
2024 2023 2022
Liabilities
Accounts Payable and Accrued Liabilities 109,103$ 54,882$ 55,599$
Other Liabilities 322,311 316,007 321,626
Total Liabilities 431,414$ 370,889$ 377,225$
December 31,
4
GENERAL FUND: FUND BALANCE
GENERAL FUND: REVENUES
2024 2023 2022
Fund Balance
Nonspendable 91,398$ 30,404$ 29,803$
Restricted 152,304 135,279 130,928
Assigned 300,000 306,680 310,597
Unassigned 2,331,960 2,047,535 1,943,155
Total Fund Balance 2,875,662 2,519,898 2,414,483
Total Liabilities and Fund Balance 3,307,076$ 2,890,787$ 2,791,708$
December 31,
2024 2023 2022
Revenues
Real Property Taxes and Tax Items 2,467,932$ 2,151,159$ 1,995,489$
State Aid 359,240 206,776 320,394
Federal Aid 34,810 - 1,122,643
Other 505,584 374,916 281,708
Total Revenues 3,367,566$ 2,732,851$ 3,720,234$
December 31,
5
GENERAL FUND: EXPENDITURES
OTHER GOVERNMENTAL FUNDS
2024 2023 2022
Expenditures
General Governmental Support 1,601,558$ 1,202,310$ 952,270$
Transportation 270,557 279,299 248,394
Employee Benefits 622,260 589,420 603,534
Other 517,427 556,407 1,301,125
Total Expenditures 3,011,802 2,627,436 3,105,323
355,764$ 105,415$ 614,911$
December 31,
2024 2023 2022
2,626,071$ 2,056,435$ 2,660,918$
1,342,298$ 1,364,718$ 1,610,710$
1,346,275$ 1,397,390$ 1,436,809$
177,828$ 245,366$ 344,902$
1,949,961$ 1,773,048$ 1,879,814$
3,826,168$ 1,732,371$ -$
December 31,
6
GOVERNMENTAL ACTIVITIES: REVENUES
2024
2023
7
GOVERNMENTAL ACTIVITIES: EXPENSES
2024
2023
8
CURRENT AND FUTURE
ACCOUNTING STANDARDS
Current Standards Implemented
•The Town implemented GASB Statement No. 100 “Accounting
Changes and Error Correction,” and GASB Statement No. 101
“Compensated Absences” for the year ended December 31, 2024.
There was no material effect on the financial statements.
Future Accounting Standards
•GASB has issued Statement No. 102, “Certain Risk Disclosures,”
effective for the year ending December 31, 2025.
•GASB has issued Statement No. 103 “Financial Reporting Model
Improvements,” effective for the year ending December 31, 2026.
•GASB has issued Statement No. 104, “Disclosure of Certain
Capital Assets,” effective for the year ending December 31, 2026.
9
Disclaimer
The information contained herein is general in nature and based on authorities that are subject to change. Insero & Co. CPAs, LLP guarantees neither the accuracy nor completeness
of any information and is not responsible for any errors or omission, or for results obtained by others as a result of reliance upon such information. Insero & Co. CPAs, LLP assumes
no obligation to inform the reader of any changes in tax laws or other factors that could affect information contained herein. This publication does not, and is not intended to,
provide legal, tax or accounting advice, and readers should consult their tax advisors concerning the application of tax laws to their particular situation. Any information contained
herein, or on any website or email link associated with this document, is not intended or written to be used, and cannot be used, for purposes of avoiding tax penalties that may be
imposed on any taxpayer.
We are clients of the RSM Professional Services+ Practice. As a client, we have access to the Professional Services+ Collaborative, a globally connected community that provides
access to an ecosystem of capabilities, collaboration and camaraderie to help professional services firms grow and thrive in a rapidly changing business environment. As a
participant in the PS+ Collaborative, we have the opportunity to interact and share best practices with other professional services firms across the U.S. and Canada.
10
DRYDEN FIBER
MONTHLY REPORT
for July 2025
TOWN OF DRYDEN BROADBAND COMMITTEE MEETING on Aug. 8, 2025
And
DRYDEN TOWN BOARD on Aug. 21, 2025
EXECUTIVE SUMMARY –8/9/2025
▪We have 452 paying customers (+20 in July);We had 50 in -bound requests
o Monthly Revenue (July 2025): $24,535
o Revenue YTD (2025): $138,448; on track for $290,000+ for 2025
o Total Revenue 2021 to 2024: $62,500
▪We continue to hold at 1,807 parcels (30.9% of the Town of Dryden)
▪The Municipal Infrastructure Program (MIP)Updates:
o We've increased the project total from $9.9M to $12.55M, a $2.65M increase
▪Due to: Rightsizing the "Per Mile Cost"and adding "14 Miles of Missing Fiber" from initial plan
o We are working closely with the Connect All Office to solidify the commitment
o The Empire State Development (ESD) board meets in September; there are two hearings in
early October.
o We should have a Grant Disbursal Agreement (GDA) in October
o Upon GDA receipt, we can sign, and submit our first reimbursement request, which we estimate
to be around $2M in project expenses from June 16, 2024 through August 31, 2025. We expect
to receive this payment in early Q1 2026.
EXECUTIVE SUMMARY –8/9/2025
▪We are working through the highest level of contracts and legal agreements in project history
▪Due to the reshaping of how we do business and the New York State purchasing requirements, we
are now doing more to seek out competitive bids on parts of the project. This was inconsistent in the
past.
o Construction
▪Contract Bid Document for Major Projects pieces (from Vantage) -70 page document
▪Master Service Agreement (MSA) with an electrical make ready (EMR) provider
▪This will make it possible to use them for any and all future EMR bids they win
▪Auditors for MIP Project financials
▪Caroline Hut Construction Bid
▪Audit of Network Bid Process and Contract
Operations
▪DigSafe Monitoring Contract and TBD on bid requirements
▪Point Broadband IRU (Indefeasible Rights of Use) -10 year lease
▪Dryden –Caroline IMA (Intermunicipal Agreement) for project
▪Networking Maintenance and Repair Agreement and Bid Process
MIP Scoreboard –August 2025
As of August 1, 2025
Months to go:
23.1
----------
186.2
(12.4%)
MIP Miles Completed*
248
----------
2,711
(8.7%)
# of Parcels Reached
4
----------
470
(0.9%)
# of Unserved Reached
0
----------
74
(0.0%)
# of Underserved Reached
41
----------
400
(10.3%)
# of MIP Installs
17
--------
30
(56%)
Goals for 2025
▪As of 8/1/25, we have 451
customers live on the platform
▪Current estimates:
o 65 more each month 2025
(July-Dec)
o 822 total by 12/31/25 (-195
from initial goal)
▪Note:Demand is strong:
1,356 sign-ups on the online
form: 828 are not yet in
green zone
Month Projected
New
Goal
Totals
Actual
New
Actual
Totals Diff
December 65 240 65 240 0
January 62 302 54 294 -8
February 65 367 42 336 -31
March 65 432 28 364 -6
April 65 497 22 383 -114
May 65 562 22 402 -157
June 65 627 30 432 -195
July 65 692 20 452 -240
August 65 757
September 65 822
October 65 887
November 65 952
December 65 1017
Project Highlights
Project Name:Dryden Fiber Expansion
for Towns of Dryden and Caroline
Applicant and Partner(s):Town of
Dryden dba, Dryden Fiber and Town of
Caroline
Construction Miles (Fiber): 124.6
Total Locations Served:2,674
ConnectALL Grant Amount:$ 8,995,979.00
Local Contribution:$ 906,321.00
Total Project Investment: $9,902,300.00
Design and Construction Methodology Modification – Summer 2025
In the first three (3)years of the project, we reached 30% of the locations in the town of
Dryden. At this pace, under the initial design and construction methodology , the
project was on track to take 10 years to complete. With the hiring of Vantage Point
Solutions (VPS) and with the patience of the team, the town, and the residents, we are
completely changing the methodology for design and construction .
The old method was implemented in very small pieces with multiple vendor partners. This
created a lot of additional back and forth; and resulted in vendor partners not having or
seeing the big picture; and not be provided room to maneuver during delays. A single
construction question could halt all production for week while waiting for an answer.
The new method: fewer overall projects (larger in size) and a single vendor partner to
implement each project region (construction and splicing) with sub -contractors as needed.
We believe this will reduce construction time by 50% to 75%, allowing us to reach 100% of
the goal for MIP grant fund by 12/31/2026 and 100% of the town of Dryden by or before
12/31/2027.
We begin implementation in this new model this month (August 2025).
Design and Construction Methodology Modification – Summer 2025
Component 1: Project Locations (in green / green roads)
Design and Construction Methodology Modification – Summer 2025
Component 2: Design Book (Engineering Drawings) for Section
Design and Construction Methodology Modification – Summer 2025
Component 3: Design Area Diagram showing individual construction units
Design and Construction Methodology Modification – Summer 2025
Component 4: Individual Segment
Design and Construction Methodology Modification – Summer 2025
Component 5: As Built Documentation (hand drawn of what was actually built)
Design and Construction Methodology Modification – Summer 2025
Old Process:
1.Small Design Book to Construction Partner
2.Construction Partner builds
3.Construction Partner documents changes from
the field (As Built)
4.Construction Partner sends "As Built" files
back to Engineering Firm
5.Engineering Firm updates as needed
6.Engineering Firm sends files to Splicing Firm
7.Splicing Firm splices
8.Splicing Firm sends "As Built" files back to
Engineering Firm
9.Engineering Firm updates files as needed (final
accurate digital representation of what has
been constructed and spliced)
10.Engineering Firm shares information with
installation partners
11.Engineering Firm begins preparation of the
next design book.
Budget:
1.Construction bills labor after the fact
2.Splicing bills labor after the fact
New Process:
1.Large Design Book to Construction Partner for
all construction and splicing (Approximately 10x
more network to build)
2.Construction Partner builds (constructs) and then
splices
3.Construction Partner documents changes from
the field (As Built)
4.Engineering Firm updates files as needed (final
accurate digital representation of what has been
constructed and spliced)
5.Engineering Firm shares information with
installation partners
6.Engineering Firm bids out the next large design
book (can be done in parallel to finishing current
region).
Budget:
1.The design is put out to bid for a single
contractor* to quote the time / cost for all
construction and all splicing. They are then
awarded to the fixed cost for the bid.
*Splicing can be subcontracted out if the construction
partner chooses to do so.
Team Reports
▪Customer Base – Amanda, Town of Dryden Director of Finance and Personnel
▪Customer Service - Netegrity
▪Sales Operations – Gleamon
▪Installations – Clarity Connect, Netegrity, Gleamon
▪Inventory Management - Gleamon
▪Marketing – Exec. Dir. Dave Makar
▪Construction Permitting Updates – Vantage
▪Construction Implementation Updates – Vantage
▪Finance – Amanda,Town of Dryden Director of Finance and Personnel
▪Facilities and Grounds - Department of Public Works
▪Network Operations - Netegrity
▪HR, Admin, and Insurance – Dave Makar, Amanda Anderson
▪Legal and Policy – Dave Makar
Customer Base
As of August 1st, 2025 (billing date is 1st of month)
Speed
Number of
Subscriptions
Billed Monthly
Revenue
Net Change
from Prior
month
Average Monthly
Revenue
Residential
Silver ($45)400 Mbps 342 15,390 +14 / -1
Gold ($75)700 Mbps 52 3,900 4
Platinum ($90)1 Gbps 38 3,420 1
Total Residential Customers 432 22,710 18 52.57
Commerical
Standard ($75)500 Mbps 15 1,125 1
Preferred ($150)1 Gbps 3 450
Enhanced ($250)2 Gbps 1 250
Total Commerical Customers 19 1,825 1 96.05
Total of ALL Customers 451 24,535 54.40
Customer Service
As of August 1st, 2025 (billing date is 1st of month)
Helpdesk Call Report July 2025
•Bandwidth Complaint (Speed Concerns)
•0
•Billing Related Call
•10
•Downed Drop (Damaged Service Line)
•1
•Email (Calls related to email difficulties)
•0
•No Connectivity
•7
•ONT / Power Cycle (Calls related to the
ONT where unplugging or rebooting
equipment was necessary)
•0
•Other / Unrelated (Calls looking for
unrelated departments or information)
•24
•Outage
•0
•Install Orders / Create Service
•17
•Router Issue
•0
•PC / Laptop Issue
•0
•Sporadic Connection
•0
•Streaming Related Issue
•0
•User Error / Education
•28
•Wireless
•3
Tickets: 90 Customers: 402 Feb: 109/336 Mar: 145/364 April:
102/383 May: 74/402 June: 83/402
Ticket / Customer Ratio: 21%Feb: 32% Mar: 40% April: 27% May:
18% June: 21%
Note:
Install Orders denote an
incoming install scheduling
request – not a completed install
One caller can generate
numerous tickets for a single
issue (i.e. calls in 5x for same
problem)
Support@drydenfiber.com
607-391-3500 (direct support
number)
User Error / Education:
User Error / Education:
Service inquiry (non-green)
Hardware Q's
Range Extenders
Installations
As of August 1, 2025 (billing date is 1st of month)
▪July 2025 Install Summary
o Number of installations completed this month: 20
o Number of installations scheduled (as of August 1st): 3
o Installation blockers / questions:
▪MDU work requires substantial information and engineering planning:
▪Getting enough fiber to the location (having enough fiber to reach 100% of tenants)
▪Determining how to get fiber from the property line to the units (mobile homes)
▪Determining how to get fiber from the building to the individual units (apartment buildings)
▪Construction pause leads to installation slow down (early adopters propel growth)
Marketing: Inbound Requests; Website
As of August 1st, 2025 (billing date is 1st of month)
9/1/23 12/1/23 3/1/24 6/1/24 9/1/24 12/1/24 3/1/25 4/1/25 5/1/25 6/1/25 7/1/25 8/1/25
Total Under
Contract
22 28 (+6)
Sept-
Nov
32 (+4)
Dec-Feb
44 (+12)
Mar-
May
91 (+47)
Jun-Aug
180 (+89)
Sept.-
Nov.
336
(+156)
Dec.-
Feb.
364
(+30;-2)
Mar.
383
(+24,-3)
Apr.
402
(+22,-3)
May
432
(+30)
June
452
(+20)
July
Requests
(since 1/1/23)
174
(+11)
274
(+100)
363
(+89)
429
(+66)
638
(+209)
875
(+237)
1217
(+332)
1251
(+34)
1293
(+42)
1314
(+22)
1345
(+31)
1395
(+50)
Available 38 44**TBD 87 172 (+85)292 (+120)425
(+133)
453 (+28)483 (+30)500 (+17)517 (+17)535 (+18)
Not Available 136 226 TBD 342 466 579 792 798 810 815 828 860*
Serviceable Live 76.3%72%TBD 51%
(44/87)
53%
(91/172)
62%
(180/292)
79%
336 / 425
80%
364/453
79%
383/483
80%
402/500
83.5%
432/517
84.4%
432/517
Website Visits 8/25-9/7 11/17-11/30 2/1-2/29 5/1-5/31 8/1-31 9/1-30 2/1-2/28 3/1-3/31 4/1-4/30 5/1-5/31 6/1-6/30 7/1-7/31
Users 226 140 392 516 661 713 866 717 559 503 579 1.1K
New Users 211 115 346 471 567 619 760 597 458 418 498 1.1K
Sessions 324 194 617 739 1104 1110 1323 1250 1000 884 959 1,497
Engagement
(secs.)
0m
46s
42s 1m 30s 58 s 1m 13s 1m 10s 1m 14s 1m 29s 1m 19s 1m 30s 1m 10s 3m 27s
Marketing
As of August 1st, 2025
▪Presented on July 28, 2025 to NY State MIP Recipients
▪Working on Hiring Part Time marketer for Door-to-Door
▪Working with Kyle Jensen on email marketing, website, and social media
▪Added more signs this month
▪Social Media Posts
▪WHCU Radio Interview on Thursday, July 10
▪Deputy Supervisor Dan Lamb and Exec. Dir. Dave Makar met with a
Cornell grad student and a VT based researcher on rural broadband
Engineering Updates
▪Pole Applications Update
▪All Pole Applications Now Submitted
▪Big "wave" expected today
▪Construction Notes
▪Bid Process Update
▪Design Update
▪Final QC
▪Caroline Huts
▪Site Prep Target of Sept.
▪Bid Process Starting Monday
▪Continued "Clean Up" Projects
Financial Reporting
as of July 31, 2025
Revenue and Expenses Balance Sheet
Jul-25 2025 to date 2021 to 2024 7/31/2025
Revenue Assets
Customer Subscriptions 24,180.00 138,448.00 62,500.45 Cash -
Grants and ARPA funds 624,614.00 1,278,067.17 Accounts Receivable 435.50
Other Revenue Sources 31,807.73 44,641.02 233,326.49 Grants Receivable - MIP 1,419,045.26
Total 55,987.73 807,703.02 1,340,567.62 Total Assets 1,419,480.76
Expenses
Construction 602,758.55 2,559,422.39 8,710,189.87 Liabilities
Installation 19,996.75 233,504.07 687,482.12 Accounts Payable (est)450,000.00
Operations 22,184.10 151,642.66 306,365.23 BAN 9,460,000.00
Total 644,939.40 2,944,569.12 9,704,037.21 Loan from Town 737,586.30
Total Liabilities 10,647,586.30
HR, Admin, and Insurance
July 2025
▪Administrative resources are being stretched thin: We budgeted hiring a part -time accounting clerk to
support the project in the 2025 budget
▪Matthew Kinast started in June and has focused his time on gathering documents for the MIP grant
reimbursement and reporting
Part-time Marketing Position – job has been posted on the Civil Service website. Will be reviewing
applicants next week
▪Insurance
▪Dryden Fiber Insurance search has started
▪Sent beginning information to two possible providers. Information on assets has been provided to the insurance
agents, awaiting quotes.
▪We are comparing potential providers
APPENDIX A
Meeting Schedule
▪Dryden Fiber Public Broadband Committee – Public reporting on project
o 1st and 3rd Friday morning, 10:30am-11:30am (except July and August, 2nd and 4th
Friday morning)
▪Dryden Fiber Operations Team Meeting – Construction and Install Collaboration
o Every other Wednesday, 10am-11:15am
▪Dryden Fiber MIP Status Call – Meet with Connect All Office to stay on track
o Every Tuesday, 1pm-1:45pm
▪Dryden Fiber MIP Steering Committee – Implementation of the Grant
o Monthly (Town of Dryden, Town of Caroline)
▪Dryden Fiber Policy Committee – Advise and Recommend on Policy
o Monthly
Financial Reporting
Review of Construction Costs from beginning of project
Subcontractors (Syr. Util., Lghtspd, etc.), 50%Equipment Purchases, 28%
Professional Fees (Leg.,
Eng., etc.), 13%
Permit and Pole
Applications, 5%
Loan
interest,
2%
Misc
Constru
ction
Exp, 1%
Construction Costs 1/1/21 to 12/31/24
Subcontractors (Syr. Util., Lghtspd, etc.)
Equipment Purchases
Professional Fees (Leg., Eng., etc.)
Permit and Pole Applications
Loan interest
Misc Construction Exp
Permitting Steps
1.Final Design Edits = Survey has occurred and Prelim in is design edits
2.Prelim Sent = Sent to Engineering Firm (VPS) to review/approve and then to NYSEG/Frontier to review
3.Final NYSEG Design Sent = NYSEG reviewing final design before sending the Final Make Ready Package
4.Telco Recon = Telco Review prelim design
5.Frontier Billing Outstanding = Frontier awaiting payment to proceed
6.RFB = Request for Bid sent to contractors
7.MR Construction = Make Ready Contruction - Moves are in progress
Other Statuses (from slide 8):
▪Attached – definition...
▪Elec make-ready in process – definition...
▪Telco make-ready in process – definition...
▪Final ELEC Design Input – definition...
▪Avant Grid is NYSEG
Permitting Map Colors
1.Green = Conditional license to attach
2.Yellow = non-billable quote approved, quotes back from electrician sub-
contractors (i.e. HRS, Davella), when NYSEG gives ok, this moves to Green
3.Red = Design submitted to joint pole owner
4.Orange = make ready work package approved, heading to bid
5.Pink = out for make ready construction
6.Purple = design input (LaBella)
point-broadband.com
MASTER SERVICE AGREEMENT FOR DARK FIBER LICENSING This Master Service Agreement for Dark Fiber Licensing (the "Agreement") is made as of August __, 2025, between Point Broadband Fiber Holding, LLC, which has a place of business at 2901 Society Hill Road, Opelika, Alabama 36804 ("Licensor"), and Town of Dryden, a town in the County of Tompkins, New York, which has a place of business at 93 East Main Street, Dryden, New York 13053 ("Licensee") (each a “Party” and collectively, the “Parties”). WHEREAS, Licensor owns, operates, and maintains an optical fiber communication transmission system on utility poles or within conduit systems (collectively, "Licensor's Fiber System") consisting of one or more strands of optical fiber; and WHEREAS, Licensee desires to license certain six (6) specific strands of such optical fiber along specific routes; and WHEREAS, Licensor agrees to grant such license subject to the terms and conditions set forth in this Agreement and any subsequent Addendum or Service Order. NOW, THEREFORE, the parties agree as follows:
1. DEFINITIONS As used in this Agreement: A. Authorized Use means a business purpose of Licensee's optical fiber telecommunications network for information services and/or telecommunications traffic of Licensee or its Licensees, employees, officers, or agents, provided that Authorized Use shall not include any use which would be in violation of any law, rule, regulation or order of any governmental authority having jurisdiction over such Fiber Optic Facilities. B. Dark Fiber means one or more fiber optic strands subject to this Agreement through which an associated light, signal or light communication transmission must be provided to furnish service. C. Fiber Optic Facilities means a certain fiber optic cable composed of one or more strands of single mode optical fibers, which cable is owned by Licensor or other fiber related facilities including rack space that is owned by the Licensor. D. Hazardous Substances include any substance, the presence of which requires investigation or remediation under any federal, state or local statute, regulation, ordinance, order, action, policy or common law or any substance which is or becomes defined as "Hazardous Waste," "Hazardous Substance," pollutants, toxic substances, compounds, elements, or chemicals pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. § 9601 et seq.), as amended, or any other federal,
Dark Fiber Licensing Agreement August 15, 2025 Page 2 of 14
state or local environmental cleanup laws. Hazardous Substances also include asbestos, lead paint, Polychlorinated Biphenyls ("PCBs") and radon gas. E. Hazardous Discharge means any releasing, spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, disposing, or dumping of Hazardous Substances from, in, or onto Licensor' Fiber System. F. Licensee's Fiber Optic Facilities means six (6) specific point-to-point Strands, as designated by Licensor, of Dark Fiber or other fiber related facilities including rack space of the Fiber Optic Facilities identified as being licensed to the Licensee by this Agreement. G. Route or Lateral means a delineated segment of the Licensor's Fiber System containing Licensee's Fiber Optic Facilities. H. Service Affecting Outage means the complete loss of transmission or reception capability caused by Licensor’s network and affecting the services. I. Strands means individual fiber optic strands within the Fiber Optic Facilities.
2. GRANT OF LICENSE - Licensor grants to Licensee and Licensee accepts from Licensor a nonexclusive license solely for Authorized Use of Licensee's Fiber Optic Facilities - six (6) specific point-to-point Strands designated by Licensor - in Licensor's Fiber System (the "License"), as provided in this Agreement and described in Schedule B. Licensee shall have no further right, title or other interest in Licensor’s Fiber System or in Licensee's Fiber Optic Facilities. Licensor shall have the right to grant and renew rights to any entity to use Licensor's Fiber System or any other property of Licensor; provided, however, that during the Term of this Agreement, Licensor shall have no right to grant and renew any rights to any entity with respect to Licensee's Fiber Optic Facilities.
3. ACCEPTANCE – Intentionally deleted.
4. LICENSE FEES - Licensor acknowledges receipt of a payment in the amount of Seventy-Five Thousand Dollars ($75,000.00) from Licensee (“Pre-payment”), pursuant to a Memorandum of Understanding between the Licensee and Licensor’s affiliate Clarity Fiber Solutions, LLC dated August 28, 2021. Subject to Licensor’s foregoing acknowledgment, this Agreement supersedes and replaces in full the prior Memorandum of Understanding entered into between Clarity Fiber Solutions, LLC and the Town of Dryden (“MOU”). Licensee shall pay a License Fee of Six Hundred and Sixty-Two Dollars and Thirty-Four Cents ($662.34) per month, via offset against the Pre-payment for the Initial Term (as defined in Section 5 herein). The 10-year Initial Term defined in Section 5 herein began on October 1, 2021 – the month Clarity Fiber Solutions, LLC connected its first customer per the MOU – and ends October 1, 2031. As of August 1, 2025, $30,467.64 in monthly charges has been credited against the Pre-payment and $44,532.36 of the Pre-payment remains. Licensee shall pay Licensor $662.34 per month when the Pre-payment is exhausted. After the Initial Term, if the Agreement renews for an additional term, the parties shall negotiate a commercially reasonable rate. In addition, Licensor shall not charge any residents a passing fee or a drop fee if their dwelling is within one hundred and fifty feet (150’) from the Route described in Schedule B.
Dark Fiber Licensing Agreement August 15, 2025 Page 3 of 14
5. TERM - The term of the Agreement shall commence on the date set forth above and shall continue for ten (10) years (the “Initial Term”).
6. MAINTENANCE AND OPERATION A. Licensor shall be solely responsible to maintain Licensee's Fiber Optic Facilities. Licensee shall cooperate with and assist Licensor, as reasonably may be required, in performing said maintenance. Licensor shall perform appropriate routine maintenance on Licensee’s Fiber Optic Facilities in accordance with Licensor's then current preventive maintenance procedures. Such procedures shall not substantially deviate from industry practice. Licensor shall avoid performing maintenance between 0600-2200 local time, Monday through Friday, inclusive, that will have a disruptive impact on the continuity or performance level of Licensee's Fiber Optic Facilities. However, the preceding sentence does not apply to restoration of continuity to a severed or partially severed fiber optic cable, restoration of dysfunctional power and ancillary support equipment, or correction of any potential jeopardy conditions. Licensor shall provide Licensee with telephone, email, facsimile, or written notice of all non-emergency planned network maintenance no later than ten (10) banking days prior to performing maintenance that, in its reasonable opinion, has a substantial likelihood of affecting Licensee’s traffic for more than 50 milliseconds. In the event of a Service Affecting Outage, Licensor shall begin restoration activities within two (2) hours after Licensor becomes aware of such Service Affecting Outage and work to restore the Fiber Optic Facilities as soon as possible. In such event, if the Fiber Optic Facilities are not restored within twenty-four (24) hours, Licensor shall use commercially reasonable efforts to make available to Licensee alternate Strands located within the same segment of Licensor's Fiber System containing Licensee's Fiber Optic Facilities at no additional cost until service is restored. B. Notwithstanding anything to the contrary contained herein, Licensee shall solely be responsible, at its own expense, for the construction, installation, operation, maintenance, repair and any other activity engaged by or on behalf of Licensee relating to all light communications transmission equipment and other terminal equipment and facilities required in connection with the use, electronics or signals of Licensee’s Fiber Optic Facilities beyond the defined point of demarcation. C. Licensor shall be responsible for all necessary splicing on Licensor's Fiber Optic Facilities. Where Licensor's Fiber Optic Facilities connect to Licensee or third-party fiber optic cable, an associated Addendum or Service Order will detail and describe the Parties' splicing responsibilities. Licensee may request and Licensor shall grant access to Licensee's Fiber Optic Facilities at additional access/splice points along the Route, provided that (i) such access/splice points are technically feasible in Licensor's reasonable opinion, (ii) Licensee agrees to pay a reasonable splice fee at the time, (iii) all work is performed by Licensor in accordance with this Agreement, and (iv) the agreements governing Licensor's use and occupancy of the right of way at the access/splice points do not otherwise prohibit such access by parties other than Licensor. D. Should Licensee perform, authorize, or contract any splices or other work not in accordance with the provisions of this Agreement, Licensor may at its option correct said
Dark Fiber Licensing Agreement August 15, 2025 Page 4 of 14
condition. Licensor shall notify Licensee in writing prior to performing such work whenever practicable. However, when such conditions pose an immediate threat to the physical integrity of Licensor's facilities, Licensor may perform such work and take such action that it deems necessary without first giving notice to Licensee. As soon as practicable thereafter, Licensor shall advise Licensee of the work performed and the action taken and shall endeavor to arrange for re-accommodation of Licensee's Fiber Optic Facilities so affected. Licensee shall promptly reimburse Licensor for all reasonable costs incurred by Licensor for all such work, action and re-accommodation performed by Licensor. E. Each Party shall, at its sole cost and expense, promptly respond to and remediate any Hazardous Discharge to and from Licensor’s Fiber System resulting from such Party’s operations. F. Intentionally deleted. G. Licensee, at its sole cost and expense, shall (i) use Licensee's Fiber Optic Facilities and (ii) conduct all work in or around Licensor's Fiber System in a safe condition and in a manner reasonably acceptable to Licensor, so as not to physically, electronically or inductively conflict or interfere or otherwise adversely affect Licensor's Fiber System or the facilities placed therein by Licensor, or other authorized Licensees of the Fiber Optic Facilities. H. Licensee must obtain prior written authorization, not to be unreasonably withheld, conditioned or delayed, from Licensor approving any further work and the party performing such work before Licensee shall perform any work in or around Licensor's Fiber System. I. In the event Licensee receives information that the Fiber Optic Facilities are damaged, it shall notify Licensor of said damage by phone at (316) 371-2348. In the event Licensor receives information that Licensee's Fiber Optic Facilities are damaged, Licensor will notify Licensee of said damage by phone at (607) 844-7800. In each case, the caller shall provide the following information: • Name of entity making report. • Location reporting problem. • Name of contact person reporting problem. • Description of the problem in as much detail as possible. • Time and date the problem occurred or began. • State whether the problem presents a jeopardy situation to Licensor's Fiber System or Licensee's Fiber Optic Facilities. J. Licensor shall designate the particular Strands of Dark Fiber that will constitute Licensee's Fiber Optic Facilities and the location and manner in which they will enter and exit Licensor' Fiber System, with reasonable coordination, cooperation and input from Licensee. K. If Licensor moves, replaces or changes the location, alignment or grade of Licensor’s Fiber System ("Relocation"), Licensor shall concurrently relocate Licensee's Fiber Optic Facilities. If the Relocation is because of an event of Force Majeure or of any governmental
Dark Fiber Licensing Agreement August 15, 2025 Page 5 of 14
or third-party authority, including any taking by right of eminent domain, Licensee shall reimburse Licensor for Licensee's proportionate share of the costs of the Relocation of Licensor’s Fiber System. To the extent Licensor receives reimbursement from a third party which is allocable to a Relocation of Licensor’s Fiber System, it will credit or reimburse Licensee for its proportionate share of the reimbursement. If Licensor relocates Licensor's Fiber System solely for its own benefit, Licensee shall not be required to reimburse Licensor for the costs of the Relocation of Licensor' Fiber System. Licensee's proportionate share shall be the calculation of a fraction, the numerator of which shall be the number of Strands in Licensee’s Fiber Optic Facilities and the denominator of which shall be the total number of Strands in the Licensor's Fiber System containing the Licensee's Fiber Optic Facilities.
7. OWNERSHIP - Licensee's Fiber Optic Facilities shall always remain the sole and exclusive property of Licensor and legal title shall be held by Licensor. Neither the provision or the use of Licensee’s Fiber Optic Facilities by Licensor to Licensee hereunder, nor the payments by Licensee contemplated hereby, shall create or vest in Licensee any easement, interest, or any other ownership or property right of any nature in Licensee's Fiber Optic Facilities or Strands, except that Licensor agrees to Licensee's exclusive, indefeasible right to use Licensee's Fiber Optic Facilities for Authorized Use during the term of this Agreement.
8. EMINENT DOMAIN - If there is a taking of Licensee's Fiber Optic Facilities by right or threat of eminent domain (a "Taking") which, as agreed by the Parties, or in the absence of such agreement as determined pursuant to this Agreement, results in the remainder of Licensee's Fiber Optic Facilities being unable to be restored to a condition suitable for Licensee's business needs within forty-five (45) days from the date of the Taking ("Substantial Taking"), this Agreement (or the segment or the Addendum subject to such Taking, if less than all of Licensee's Fiber Optic Facilities, shall terminate. In such event any periodic Licensee fee and/or maintenance fee shall abate from the date of Taking and any previously paid license fee and/or maintenance fee attributable for any period beyond such date shall be returned to Licensee. If there shall be a Taking which does not constitute a Substantial Taking, this Agreement (or the Addendum subject thereto) may not terminate but Licensor shall, with due diligence, restore Licensee's Fiber Optic Facilities as speedily as reasonably practical to its condition before the Taking.
9. INTELLECTUAL PROPERTY - Unless specifically stated in this Agreement, no licenses, expressed or implied, under any patents, copyrights, trademarks, or other tangible or intellectual property rights are granted by a Party to the other Party under this Agreement.
10. INSURANCE - Throughout the term of this Agreement, the Parties shall at their own expense procure and maintain appropriate policies of insurance to cover their respective liability exposures.
11. COMPLIANCE WITH LAWS - Notwithstanding anything to the contrary in this Agreement, each Party shall ensure that any and all activities it performs pursuant to this Agreement shall comply with all applicable laws. Without limiting the generality of the foregoing, each Party shall comply with all applicable provisions of i) workmen's compensation laws, ii) unemployment compensation laws, iii) the Federal Social Security Law, iv) the Fair Labor Standards Act, and v) all laws, regulations, rules, guidelines, policies,
Dark Fiber Licensing Agreement August 15, 2025 Page 6 of 14
orders, permits, and approvals of any governmental authority relating to environmental matters and/or occupational safety.
12. MUTUAL INDEMNITY - Except as provided below in the section titled “Dispute Resolution”, with respect to arbitration proceedings between Licensor and Licensee, the Parties shall, upon the demand, defend, indemnify, and hold harmless one another and their subsidiaries, business units, affiliates, parent companies, its predecessors and successors and its respective officers, directors, executives, managers, members, managing members, employees, agents, legal counsel, shareholders, trustees, joint venturers, partners, successors and assigns, past and present, from and against all costs, losses, claims, actions, proceedings, demands, liabilities, and suits of any kind or nature based on, or any loss, direct damage, settlement, cost, expense or any other liability, including reasonable attorneys’ fees, costs, and expenses, arising out of, resulting from, related to, or attributable to, any acts or omissions, including any negligent, willful misconduct, or intentional acts, and any act not authorized under the terms of the Agreement. The notifying-party shall promptly notify the other of any claim for which it believes it is entitled to be indemnified, and the notified-party shall immediately take control of the defense and investigation of such claim, and shall employ counsel reasonably acceptable to the notifying-party to handle and defend the same, at the notified-party’s sole cost and expense. The notified-party shall not agree to any settlement without the prior written consent of the notifying-party. The notifying-party shall have the right, but not the obligation, to employ separate counsel and participate in the defense and investigation of any such claim at its sole cost and expense; provided that, if the notified-party does not conduct the defense and investigation of any claim following the notifying-party’s request, the notifying-party’s employment of separate counsel and participation in the defense and investigation of such claim shall be at the notified-party’s sole cost and expense.
13. LICENSOR'S SALES OR DISPOSITIONS - Nothing in this Agreement shall prevent or be construed to prevent Licensor from selling or otherwise disposing of any portion of Licensor’s Fiber System or other property of Licensor used for Licensee's Fiber Optic Facilities, provided, however, that in the event of a sale or other disposition, Licensor shall condition such sale or other disposition subject to the rights of Licensee under this Agreement. Licensor shall promptly notify Licensee of the proposed disposition of Licensor' Fiber System or other property used by Licensee.
14. LIENS - Each Party shall keep Licensor's Fiber System and other property of Licensor free from all mechanic’s, artisans, materialman's, architect's, or similar services' liens which arise in any way from or as a result of its activities and cause any such liens which may arise to be discharged or released.
15. DEFAULT PROVISIONS AND REMEDIES A. Each of the following shall be deemed an Event of Default by Licensee under this Agreement: Failure of Licensee to pay the license fee or any other sum required to be paid under the terms of this Agreement and such default continues for a period of thirty (30) days after written notice thereof to Licensee; failure by Licensee to perform or observe any other terms, covenant, agreement or condition of this Agreement on the part of Licensee to
Dark Fiber Licensing Agreement August 15, 2025 Page 7 of 14
be performed and such default continues for a period of thirty (30) days after written notice thereof from Licensor (provided that if such default cannot be cured within such thirty (30) day period, this period will be extended if Licensee commences to cure such default within such thirty (30) day period and proceeds diligently thereafter to effect such cure); the filing of a tax or mechanic’s lien caused by Licensee against Licensor' Fiber System or other property of Licensor which is not bonded or discharged within thirty (30) days of the date Licensee receives notice that such lien is filed; an event of Licensee's bankruptcy; if Licensee knowingly uses Licensee’s Fiber Optic Facilities in violation of any law, or the non-compete portion of this Agreement (following 30-day notice thereof), or in aid of any unlawful act or undertaking; if Licensee occupies any portion of Licensor’s Fiber System without having first been issued a license therefore; or if any authorization which lawfully may be required of the Licensee by any governmental or private authority for the operation (including splicing or other activities by Licensee), of Licensee's Fiber Optic Facilities within Licensor's Fiber System is denied or revoked. B. Upon the occurrence of an Event of Default, Licensor, without further notice to Licensee in any instance (except where expressly provided for below or by applicable law) may do any one or more of the following: Perform, on behalf and at the expense of Licensee, any obligation of Licensee under this Agreement which Licensee has failed to perform and of which Licensor shall have given Licensee notice, the cost of which performance by Licensor shall be payable by Licensee to Licensor upon demand; elect to terminate Agreement by giving notice of such election to Licensee; immediately disconnect and remove Licensee’s Fiber Optic Facilities from Licensor' Fiber System; exercise any other legal or equitable right to remedy which it may have. C. All rights and remedies of Licensor set forth in this Agreement shall be cumulative, and none shall exclude any other right or remedy, now or hereafter allowed by or available under any statute, ordinance, rule of court, or the common law, either at law or in equity, or both. D. The following events or occurrences shall constitute a default by Licensor under this Agreement: Any material noncompliance by Licensor with the terms of this Agreement; any material breach by Licensor of a representation or warranty under this Agreement; an event of Licensor' bankruptcy. Licensee shall give prompt written notice to Licensor of the occurrence of any default under this Agreement. If such default continues for ten (10) days after receipt of such notice (provided that if such default cannot be cured within such ten (I0) day period, this period will be extended if Licensor continues to cure such default within such ten (10) day period and proceeds diligently thereafter to effect such cure), Licensee may at its option: Perform, on behalf and at the expense of Licensor, any obligation of Licensor under this Agreement which Licensor has failed to perform and of which Licensee shall have given Licensor notice, the cost of which performance by Licensee shall be payable by Licensor to Licensee upon demand; elect to terminate Agreement by giving notice of such election to Licensor; exercise any other legal or equitable right to remedy which it may have. E. Any costs and expenses incurred by Licensee (including, without limitation, reasonable attorneys' fees) in enforcing any of its rights or remedies under this Agreement shall be repaid to Licensee by Licensor upon demand.
Dark Fiber Licensing Agreement August 15, 2025 Page 8 of 14
F. All rights and remedies of Licensee set forth in this Agreement shall be cumulative, and none shall exclude any other right or remedy, now or hereafter allowed by or available under any statute, ordinance, rule of court, or the common law, either at law or in equity, or both.
16. Intentionally deleted.
17. DISPUTE RESOLUTION - IN THE EVENT OF ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF, RELATING TO, CONCERNING, OR ATTRIBUTABLE TO THE AGREEMENT OR THE PARTIES’ RELATIONSHIP, THE PARTIES AGREE TO SEEK RESOLUTION BY GOOD FAITH INFORMAL NEGOTIATIONS. IF THE DISPUTE, CLAIM, OR CONTROVERSY IS NOT RESOLVED THROUGH GOOD FAITH INFORMAL NEGOTIATIONS, THE PARTIES MAY PROCEED LEGALLY AS NECESSARY.
18. FORCE MAJEURE - Except for payment of the license fee and other amounts, neither Party shall have any liability for its delays or its failure to perform due to: fire, explosion, pest damage, power failures, strikes or labor disputes, acts of God, the elements, war, civil disturbances, acts of civil or military authorities or the public enemy, inability to secure raw materials, transportation facilities, fuel or energy shortages, or other causes beyond its control, whether or not similar to the foregoing.
19. SUCCESSION, ASSIGNABILITY A. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective permitted successors or assigns. B. The Parties shall not assign, transfer, or dispose this Agreement or any of its rights or obligations hereunder without prior written consent of the other Party, which shall not be unreasonably withheld; provided, however, that Licensor may freely assign or transfer this Agreement to a controlling or controlled affiliate, an affiliate of which the Licensee has partial ownership, or to a successor in the event of reorganization, including a merger or sale of substantially all of its assets, without the consent of Licensee. For the purposes of this Section, Licensee’s delivery of service to end users shall not be considered the assignment, transfer, or disposal of any rights requiring prior written consent. C. Subject to the Section titled, Licensor’s Sale or Disposition, Licensor shall have the right to assign this Agreement and to assign its rights and delegate its obligations and liabilities under this Agreement, either in whole or in part, to any party. Licensor shall provide notice to Licensee as soon as possible of any assignment under this Section. D. Neither this Agreement, nor any term or provision hereof, nor any inclusion by reference shall be construed as being for the benefit of any person or entity not a signatory hereto.
20. NOTICES - Any demand, notice or other communication to be given to a party in connection with this Agreement shall be given in writing and shall be given by personal delivery, by registered or certified mail, return receipt requested, by telecopy, facsimile, or commercial overnight delivery service addressed to the recipient as set forth as follows or
Dark Fiber Licensing Agreement August 15, 2025 Page 9 of 14
to such other address, individual or telecopy number as may be designated by notice given by the party to the other: Licensor: Point Broadband Fiber Holding, LLC Attn: 2901 Society Hill Road Opelika, Alabama 36804 With a copy to: Point Broadband Fiber Holding, LLC Attn: Chad Wachter, General Counsel 2901 Society Hill Road Opelika, Alabama 36804 Licensee: Town of Dryden, New York Attn: David Makar 93 East Main Street Dryden, NY 13053 With a copy to: Nathan D. VanWhy, Esq., Member NDV Law, PLLC P.O. Box 84 Binghamton, NY 13903 607-215-2276 Any demand, notice or other communication given by personal delivery shall be conclusively deemed to have been given on the day of actual delivery thereof and, if given by registered or certified mail return receipt requested on the date of receipt thereof and, if given by telecopy, the day of transmittal thereof if given during the normal business hours of the recipient and on the next business day if not given during normal business hours.
21. NON-WAIVER - No course of dealing, course of performance or failure of either party strictly to enforce any term, right or condition of this Agreement shall be construed as a waiver of any term, right or condition.
22. CHOICE OF LAW - Irrespective of the actual place of execution or performance of this Agreement, this Agreement shall be governed by and interpreted under the laws of the U.S. and the State of New York. The mandatory, exclusive jurisdiction and venue for any action between the Parties based on, arising from, or related to this Agreement, the transactions contemplated herein, or any other relationship between the Parties, shall lie solely, specifically, and exclusively in the appropriate U.S. Federal and State courts in New York. The Parties hereby irrevocably consent to the mandatory, exclusive jurisdiction of and venue in these courts.
Dark Fiber Licensing Agreement August 15, 2025 Page 10 of 14
23. LIMITATION OF LIABILITY – TO THE FULLEST EXTENT ALLOWED BY LAW, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY ANTICIPATORY, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES RESULTING OR ARISING FROM THIS AGREEMENT. LICENSOR’S MAXIMUM LIABILITY TO LICENSEE OR ANY THIRD PARTY FOR BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT SHALL BE LIMITED TO ANY INSURANCE PROCEEDS PAYABLE IN CONNECTION WITH A COVERED CLAIM, THE AMOUNT OF THE PRE-PAYMENT PLUS ALL FEES PAID TO LICENSOR UNDER THIS AGREEMENT DURING THE INITIAL TERM AND ANY RENEWAL TERM.
24. HEADINGS - All headings contained in this Agreement are inserted for convenience only and are not intended to affect the meaning or interpretation of this Agreement or any clause. Each Party to this Agreement acknowledges that it has had the opportunity to review this Agreement with legal counsel of its choice, and there will be no presumption that ambiguities will be construed or interpreted against the drafter, and no presumptions made, or inferences drawn, because of the inclusion of a term not contained in a prior draft, or the deletion of a term contained in a prior draft.
25. CONFIDENTIALITY AND PROPRIETARY INFORMATION A. In connection with this Agreement, either Party may furnish to the other certain information that is marked or otherwise identified as proprietary or confidential ("Confidential Information"). This Confidential Information may include, among other things, private easements, licenses, utility agreements, permits, other right-of-way granting documents, specifications, designs, plans, drawings, data prototypes, Licensor lists, and other technical and/or business information. For purposes of this Section, the party that discloses confidential Information is referred to as the "Disclosing Party", and the party that receives Information is referred to as the "Receiving Party". B. When Confidential Information is furnished in tangible form, the Disclosing Party shall mark it as proprietary or confidential. When Confidential Information is provided orally, the disclosing Party shall, at the time of disclosure or promptly thereafter, identity the Confidential Information as being proprietary or confidential. C. With respect to Confidential Information disclosed under this Agreement, the Receiving Party and its employees shall: hold the Confidential Information in confidence, exercising a degree of care not less than the care used by the Receiving Party to protect its own proprietary or confidential information that it does not wish to disclose; restrict disclosure of the Confidential Information solely to those of its employees who have a need to know in connection with the performance of this Agreement, and not disclose the Confidential Information to any other person or entity without the prior written consent of the Disclosing Party, provided that Receiving Party may disclose information concerning this Agreement to (i) its Licensees, potential buyers or buyers in connection with sales, purchases, licenses, or other use of its services or assets, (ii) its investors, potential investors, lenders, potential lenders, and consultants and advisors, provided such parties have executed nondisclosure agreements; advise those employees of their obligations with respect to the Confidential Information; and use the Confidential Information only in connection with the
Dark Fiber Licensing Agreement August 15, 2025 Page 11 of 14
performance of this Agreement, except as the Disclosing Party may otherwise agree in writing. D. Confidential Information shall be deemed the property of the Disclosing Party. Upon written request of the Disclosing Party, the Receiving Party shall return all Confidential Information received in tangible form, except that each Party's legal counsel may retain one copy in its files solely to provide a record of such Confidential Information for archival purposes. If the Receiving Party loses or makes an unauthorized disclosure of Confidential Information, it shall notify the Disclosing Party and use reasonable efforts to retrieve the Confidential Information. E. The Receiving Party shall have no obligation to preserve the proprietary nature of Confidential Information which: was previously known to the Receiving Party free of any obligation to keep it confidential; or is or becomes publicly available by means other than unauthorized disclosure; or is developed by or on behalf of the Receiving Party independently of any Confidential Information furnished under this Agreement; or is received form a third party whose disclosure does not violate any confidentiality obligation. F. If the Receiving Party is required to disclose the Disclosing Party's Confidential Information by an order or a lawful process of a court or governmental body, the Receiving Party shall promptly notify the Disclosing Party, and shall cooperate with the Disclosing Party in seeking reasonable protective arrangements before the Confidential Information is produced. G. Each Party agrees that the Disclosing Party would be irreparably injured by a breach of this Section by the Receiving Party or its representatives and that the Disclosing Party may be entitled to equitable relief, including injunctive relief and specific performance, in the event of any breach of the provisions of this Section. Such remedies shall not be deemed to be the exclusive remedies for a breach of this Section but shall be in addition to all other remedies available at law or in equity. H. Licensee as a governmental entity is bound by the New York State Open Meetings Law and Freedom of Information Law. The Parties acknowledge that information they have provided to the other, including this Master Service Agreement, may subject each Party’s information to public disclosure under these laws. To the extent permitted by applicable law, Licensee will notify Licensor prior to any such disclosure, so Licensor may take what steps it deems appropriate.
26. REQUIRED RIGHTS - Licensor covenants that it will be responsible for obtaining and maintaining any and all necessary permits, certificates, licenses, including but not limited to pole attachment and conduit license agreements, franchises, easements, rights-of-way and other governmental or private approvals, or rights that are required or associated with its obligation to own, operate, and maintain Licensor's Fiber System ("Required Rights"). Licensor represents and warrants that it has obtained all Required Rights necessary for the operation, maintenance and use of Licensee’s Fiber Optic Facilities for the Term of this Agreement. Licensee will not engage in any activity which affects Licensor's right-of-way interests without the written permission of Licensor.
Dark Fiber Licensing Agreement August 15, 2025 Page 12 of 14
27. REPRESENTATIONS AND WARRANTIES - Each Party hereby represents and warrants that: (i) it has full right and authority to enter into, execute, deliver and perform its obligations under this Agreement; (ii) this Agreement constitutes a legal, valid and binding obligation enforceable against such party in accordance with its terms, subject to bankruptcy, insolvency, creditors' rights and general equitable principles; and (iii) its execution of and performance under this Agreement shall not violate any applicable existing regulations, rules, statutes or court orders of any local, state or federal government agency, court, or body.
28. SEVERABILITY - If any provision of this Agreement is deemed unenforceable for any reason, the Parties agree this Agreement shall be enforced as if the unenforceable provision was not present and all other provisions shall be enforced to the extent, they are enforceable. The Parties agree to negotiate in good faith to amend the Agreement, to the extent possible consistent with its purposes, to conform to law.
29. ENTIRE AGREEMENT - This Agreement and the attachments which are incorporated herein by reference, constitutes the complete and final agreement of the Parties and supersede any prior agreements, representations, understandings, and discussions, whether written or oral. No modification of this Agreement is binding unless it is in writing and signed by both Parties. IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed by their duly authorized representatives.
Licensor Licensee
Point Broadband Fiber Holding, LLC: Town of Dryden, New York:
Name/Title: Name/Title:
Date: Date:
Dark Fiber Licensing Agreement August 15, 2025 Page 13 of 14
SCHEDULE A Intentionally Deleted
Dark Fiber Licensing Agreement August 15, 2025 Page 14 of 14
SCHEDULE B Description of Facilities The route for the six (6) point-to-point Strands comprising Licensee’s Fiber Optic Facilities has a Point A location at 42.458925, -76.372810 (Mount Pleasant Road near the WYXL-FM driveway) and a Point Z location at 42.453674, -76.420831 (Deerhaven Drive and Mount Pleasant Road) along Mount Pleasant Road, as set forth in greater detail below.
Rev. 6/2025
Page 1 of 8
Contract # 2025-237-ITCTC
AGREEMENT
AGREEMENT, made by and between the COUNTY OF TOMPKINS, a municipal corporation of the
State of New York, having offices at 125 East Court Street, Ithaca, New York 14850, hereinafter referred to
as the "COUNTY", and Town of Dryden having offices at 93 E. Main Street, Dryden, NY 13053,
hereinafter referred to as the " CONTRACTOR ".
WITNESSETH
WHEREAS, the COUNTY wishes to retain the CONTRACTOR to provide planning for trail
development in the Town of Dryden as described in the Unified Planning Work Program of the
Ithaca-Tompkins County Transportation Council.
NOW,THEREFORE, in consideration of the promises, covenants, and agreements contained
herein, the COUNTY and the CONTRACTOR (the “PARTIES”) hereto agree as follows:
1. The CONTRACTOR shall work in coordination with the Ithaca-Tompkins County
Transportation Council, with a mailing address of 121 E. Court Street, Ithaca, New York
14850.
2. The Agreement Term shall be from Start Date through March 31, 2026.
3. The CONTRACTOR and the COUNTY agree to the Scope of Services and Associated Costs
described below:
Scope of Services – Conduct a feasibility study for phase 3 of the Town of Dryden Rail Trail. The
Town of Dryden will study the feasibility of constructing a trail on 3.4 miles between Pickney Road
and Johnson Road. Work on this project shall include feasibility study of the trail alternatives and
an analysis of each alternative.
4. The COUNTY agrees to pay the CONTRACTOR a total amount not to exceed $9,537 (Nine-
Thousand Five-Hundred Thirty-Seven dollars). Payment to the CONTRACTOR shall be
made by the COUNTY upon receipt of an invoice from the CONTRACTOR and acceptance
by the COUNTY that all terms and conditions of this Agreement have been met and that
progress on work activities has been made as billed. The County will not prepay for services
prior to services being provided.
5. The terms and provisions of this Agreement, and any controversies arising hereunder, shall be
interpreted, governed, and construed under the laws of the State of New York. The PARTIES consent
to the exclusive jurisdiction of, and venue in, the State Courts within Tompkins County, New York or the
United States District Court for the Northern District of New York if Federal jurisdiction is sought. This
Agreement is binding on all successors, heirs, executors, administrators, representatives, and assigns
of all the PARTIES hereto.
6. This Agreement constitutes the entire agreement between the PARTIES with respect to the subject
matter hereof and supersedes all other prior agreements and understandings, both written and oral,
between the PARTIES with respect to the subject matter hereof. Attachments, appendix, exhibits,
schedules and annexes attached to this Agreement are incorporated herein and shall be considered a
part of this Agreement for the purposes stated herein, except that in the event of any conflict between
any of the provisions of such attachments, appendix, exhibits, schedules, and annexes and the
Rev. 6/2025
Page 2 of 8
provisions of this Agreement, the provisions of the COUNTY’s terms and conditions shall prevail.
7. If any of the provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal,
or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other provision
hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had
never been contained herein. The PARTIES shall use all reasonable efforts to substitute a valid, legal,
and enforceable provision that implements the purposes and intents of this Agreement.
8. The PARTIES agree that the terms contractor, consultant, vendor, agency, or recipient may be used
interchangeably throughout an Agreement.
9. Any notice, demand or communication required, permitted, or desired to be given hereunder shall
be deemed effectively given when personally delivered or mailed by prepaid certified mail, return receip
t requested, to the addresses set forth above.
10. The COUNTY reserves the right to terminate this Agreement for any reason giving thirty (30) days
written notice.
11. This Agreement may not be amended, modified, or reassigned except in writing by mutual agreement
of the PARTIES hereto nor may any obligations be waived orally.
12. The CONTRACTOR shall not assign any part of this Agreement to a subcontractor or other party
without prior consent of the County. All terms and conditions of this Agreement shall apply to any
subcontractor.
13. The COUNTY agrees to pay the CONTRACTOR for services based upon the determination by
COUNTY of the satisfactory completion of services and products, unless otherwise specified in the
body of the Agreement. CONTRACTOR will submit detailed invoices based on the billing format as
specified in the body of the Agreement. Since the COUNTY is tax exempt, no sales taxes will be
applied to the cost of services associated with this Agreement nor shall the COUNTY be charged
interest penalty fees.
14. The COUNTY reserves the right to perform work related to the Agreement with the COUNTY's own
forces, and to award separate agreements in connection with other portions of the scope of work
under conditions of this Agreement identical or substantially similar to these, including those
portions related to insurance and waiver of subrogation.
15. The COUNTY shall not be responsible for any failure to perform or delay attributable in whole or in part
to any cause beyond its reasonable control including, but not limited to, acts of God, government
actions, war, civil disturbance, terrorism, insurrection, sabotage, labor shortages or disputes, or
CONTRACTOR’s fault or negligence.
16. The CONTRACTOR shall maintain the confidentiality of all client-identifying and protected information
including, but not limited to, organizational details, finances, clients/patients, business opportunities,
business records, specifications or plans owned by the COUNTY. Both PARTIES agree to notify the
other immediately in the event either learns of any unauthorized access, possession, distribution, or
use of any sensitive information relating to a client has occurred.
Rev. 6/2025
Page 3 of 8
17. It is mutually agreed between the PARTIES that the CONTRACTOR is an independent contractor and
that no employee-employer relationship exists between the CONTRACTOR and the COUNTY under
the terms of this Agreement, nor to enter into or assume, or attempt to enter into or assume any
obligation on behalf of the other.
18. Except as may otherwise be specified in the body of the Agreement, the CONTRACTOR agrees to
provide its employees with such tools, materials, and equipment required to perform the services
prescribed by this Agreement.
19. During the performance of this Agreement, the CONTRACTOR agrees that it will not discriminate
against any employee or applicant for employment because of age, ethnicity, creed, race, color, sex,
sexual orientation, gender identity, national origin, marital status, disability, military status, status as an
ex-offender, arrest record, conviction record, and domestic violence victim status, and will take
affirmative action to ensure that they are afforded equal employment opportunities without
discrimination. The areas in which discrimination on the aforementioned grounds is prohibited include,
but are not limited to, recruitment, employment, job assignment, promotion, upgrading, demotion,
transfer, layoff or termination, rates of pay or other forms of compensation, and selection for training or
retraining, including apprenticeship and on-the-job training.
20. The CONTRACTOR shall release, waive, indemnify, hold harmless, and defend the COUNTY and its
officers, employees, agents and elected officials from and against any and all claims, demands,
actions, causes of action, suits, or judgements, including but not limited to, losses, costs, expenses,
penalties, or other damages or liability brought against the COUNTY and its officers, employees,
agents and elected officials for injury, illness, or death to any person or persons or damage to property
arising out of the performance of this Agreement by the CONTRACTOR, its employees, subcontractors
or agents with the exception of actions and claims arising out of the negligence of the COUNTY. The
indemnification will survive the term of this Agreement whether it is terminated or expired. The
CONTRACTOR shall maintain the minimum limits of insurance as outlined by this Agreement in
Attachment A or as required by law, whichever is greater.
21. The CONTRACTOR certifies to the COUNTY that the programs and services to be provided and
described herein are accessible to the handicapped in accordance with the provisions of Section 504 of
the Federal Rehabilitation Act of 1973.
22. The PARTIES agree that as a condition of receipt of Federal funds, if any, that audits be performed of
the CONTRACTOR's records by auditors in compliance with the Federal Single Audit Act of 1984.
23. All required Federal, State, and Local licenses shall be obtained by the CONTRACTOR prior to
commencement of this Agreement and shall be maintained by the CONTRACTOR for the duration of
this Agreement. The CONTRACTOR agrees to comply with all Federal, State, and Local laws and
regulations governing the provision of goods and services under this Agreement. To the extent that
Federal funds are provided to the CONTRACTOR under this Agreement, the CONTRACTOR agrees
that it will comply with all applicable Federal laws and regulations, including but not limited to those
laws and regulations under which the Federal funds were authorized.
24. CONTRACTOR agrees to observe and satisfy the requirements of the COUNTY’s Compliance Plan
regarding Federal and State fraud and abuse laws. The Compliance Plan can be viewed at
www.tompkinscountyny.gov/All-Departments/County-Compliance-Program, or a copy can be obtained
by contacting Tompkins County Department of Administration. Contractors who provide healthcare
Rev. 6/2025
Page 4 of 8
services certify that neither the CONTRACTOR, nor its employees, directors, officers, and
subcontractors are “excluded individuals or entities” under Federal and/or New York State statutes,
rules and regulations. If the CONTRACTOR provides healthcare services, the CONTRACTOR
agrees to screen all employees, directors, officers and subcontractors on a monthly basis at the
New York State Office of Medicaid Inspector General website, and any other websites related to
the Excluded Parties List System required by Federal and/or New York State Medicare or
Medicaid statutes, rules and regulations, to determine if any employee, director, officer, or
subcontractors is on or has been added to the exclusion list.
The CONTRACTOR shall promptly notify the COUNTY if any employee, director, officer
or subcontractors is on or has been added to the exclusion list. The COUNTY reserves the
right to immediately cancel this Agreement, at no penalty to the COUNTY, if any employee,
director, officer or subcontractors is on or has been added to the exclusion list.
By signing this Agreement, the CONTRACTOR attests to that fact that the CONTRACTOR
and/or the provider have not been sanctioned nor excluded by any of the aforementioned entities.
25. The COUNTY must consider the wage levels and benefits, particularly health care, provided to their
employees by would-be contractors when awarding bids or negotiating agreements/contracts,
and encourages the payment of livable wages whenever practical and reasonable. If
the CONTRACTOR certifies on the Living Wage Attestation (Attachment B) that its employees
who directly provide services under this Agreement are NOT paid a living wage, the department
contract representative may have a conversation with CONTRACTOR to understand a) the
cost implications of achieving the living wage threshold, b) whether there are structural
barriers impacting the ability to pay the living wage, c) the CONTRACTOR’s plans to improve
wages over time, and d) whether generous fringe benefits or other considerations should be
applied when addressing the question of whether it is practical or reasonable to meet the living
wage threshold by increasing the contract value.
Paying the living wage rate to all employees directly involved in providing the contracted County
service is not mandatory but highly encouraged. The attainment of a broadly applied living wage is
a County goal and is therefore an important consideration applied by the County when reviewing
contract proposals.
Current Living Wage: The Living Wage in Tompkins County was computed by the Ithaca and Buffalo
Co-Labs of Cornell’s School of Industrial and Labor Relations. Living wage is currently $24.82/hour for
a single person without children. While the calculation is for a single person without children, there is an
alternate online calculator from MIT that does provide local living wage figures for different family
configurations in Tompkins County at https://livingwage.mit.edu/counties/36109. The rate will be re-
evaluated again in 2027.
26. The New York State Labor Law at Article 9, Sections 230-239-A of said statute requires that
contractors and subcontractors pay the prevailing rate of wage and supplements (fringe benefits) to all
workers under a public work contract and follow other requirements. Employers must pay the prevailing
wage rate set for the locality where the work is performed. Prevailing wage is the pay rate set by law for
work on public work projects. This applies to all laborers, workers or mechanics employed under a
public work contract. Every contractor and subcontractor must keep and provide certified original
payrolls or transcripts subscribed and affirmed as true under penalty of perjury. These must be made
available to the COUNTY at its request. Payrolls must be maintained for at least three (3) years from
the projects date of completion. Additionally, as per Article 6 of the Labor Law, contractors and
Rev. 6/2025
Page 5 of 8
subcontractors are required to establish, maintain, and preserve for not less than six (6) years,
contemporaneous, true, and accurate payroll records. At a minimum, payrolls must show the following
information for each person employed on a public work project: Name; Address, Last 4 Digits of Social
Security number, Classification(s) in which the worker was employed, Hourly wage rate(s) paid,
Supplements paid or provided, and Daily and weekly number of hours worked in each classification.
Payroll records and transcripts are required to be kept on site during all the time that work under that
contract is being performed.
27. The signees on behalf of each of the PARTIES warrant that they are duly authorized to bind their
organization to the terms and provisions set forth herein, and further acknowledge that the other party
is entitled to rely upon this representation of authority.
IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement as the day and year
first above written.
DATE: _____________ DATE: _____________
_____________________________________ _____________________________________
COUNTY OF TOMPKINS Signature CONTRACTOR Authorized Signature
Jessi Schmeiske _____________________________________
Risk & Compliance Administrator CONTRACTOR Print Name & Title
Rev. 6/2025
Page 6 of 8
ATTACHMENT A – Tompkins County Insurance Requirements
Contractor/Subcontractor shall indemnify, hold harmless and defend Tompkins County and its officers,
employees, agents and elected officials from and against any and all claims and actions brought against
Tompkins County and its officers, employees, agents and elected officials for injury, illness, or death to any
person or persons or damage to property arising out of the performance of this Agreement by the Contractor,
its employees, subcontractors or agents except all actions and claims arising out of the negligence of Tompkins
County. The Contractor/Subcontractor shall maintain the following minimum limits of insurance or as required
by law, whichever is greater.
A.) Workers’ Compensation and New York Disability
Workers’ Compensation
Statutory coverage complying with NYS Workers’ Compensation Law Section 57 General Municipal Law
Section 125, Contractor must submit one of the following:
CE-200 - Certification of Attestation of Exemption form NYS Workers’ Compensation and/or Disability Benefits
Coverage available at http://www.wcb.ny.gov/content/main/forms/AllForms.jsp, OR
CE-105.2 - Certification of NYS Workers’ Compensation Insurance (U-26.3 f or State Insurance Fund version),
OR
SI-12 - Certificate of NYS Workers’ Compensation Self Insurance, OR
GSI-105.2 - Certificate of NYS Workers’ Compensation Group Self-Insurance Employers’ Liability - $1,000,000
Disability Benefits Requirements
Statutory coverage complying with NYS Workers’ Compensation Law Section 220 (8) under General Municipal
Law Section 125, Contractor must submit one of the following:
CE-200 - Certification of Attestation of Exemption from NYS Workers’ Compensation and/or Disability Benefits
Coverage, OR
DB120.1 - Certificate of Disability Benefits Insurance, OR DB155 - Certificate of Disability Self-Insurance
NOTE: Proof of NYS Workers’ Compensation and NYS Disability Benefits must be provided on NYS forms as
listed above (complete information available at http://www.wcb.ny.gov/content/main/forms/AllForms.jsp or
Bureau of Compliance at (866) 546-9322).
B.) Commercial General Liability (CGL) including, contractual, independent contractors, products/completed
operations
Each Occurrence $1,000,000
General Aggregate $2,000,000
Products/Completed Operations Aggregate $2,000,000
Personal and Advertising Injury $1,000,000
Damage to Rented Premises $50,000
Medical Expense $5,000
• Contractor/Subcontractor shall maintain coverage for itself and all additional insureds for the duration of
the Agreement.
• Policy may not contain any exclusions relating to NY Labor Law or municipal work.
• It is expressly understood and agreed by the Contractor that the insurance requirements specified
above, contemplate the use of occurrence liability forms.
Rev. 6/2025
Page 7 of 8
• Tompkins County and its officers, employees, agents and elected officials are to be included as
Additional Insured’s on a primary and non-contributory basis.
• If applicable, Contractor, Owner, and all other parties required of the Contractor shall be included as
Additional Insured included Completed Operations on the CGL, using ISO Additional Insured
Endorsement CG2010 (11/85) or CG2010 (04/13) AND CG2037 (04/13) or CG2037 (04/13) AND
CG2038 (04/13) or an endorsement providing equivalent coverage to the additional insureds. This
insurance for the additional insureds shall be as broad as the coverage provided for the named insured
Contractor/Subcontractor. It shall apply as Primary and non-contributing Insurance before any other
insurance or self-insurance, including any deductible, maintained by, or provided to, the additional
insured.
C.) Commercial Umbrella $1,000,000
• Policy may not contain any exclusions relating to NY Labor Law or municipal work.
• Tompkins County and its officers, employees, agents and elected officials are to be included as
Additional Insured’s on a primary and non-contributory basis.
• Umbrella coverage must include as insureds all entities that are additional insureds on the CGL.
• Umbrella coverage for such additional insureds shall apply as primary before any other insurance or
self-insurance, including any deductible, maintained by, or provided to, the additional insured other
than the CGL and Employers Liability coverages maintained by the Contractor/Subcontractor.
D.) Waiver of Subrogation
Contractor/Subcontractor waives all rights against Tompkins County and its officers, employees, agents
and elected officials for recovery of damages to the extent these damages are covered by commercial general
liability, commercial umbrella liability, or workers compensation and employers liability insurance maintained
per requirements stated above.
All insurance shall be written with insurance carriers licensed by New York State and have an A.M. Best’s Key
Rating no lower than “A – X”. Proof of insurance shall be provided on the Acord Certificate of Insurance, Acord
25 (03/2016), or insurance company certificate. All insurance policies and Certificates shall contain a provision
that coverage afforded under the policies will not be canceled, allowed to expire, or materially changed (except
for non-payments) until at least thirty (30) days prior written notice has been given to the County. All
Certificates must be signed by a licensed agent or authorized representative of the insurance company.
Certificates of Insurance shall be submitted with the RFP, bid, and/or signed agreement.
Rev. 6/2025
Page 8 of 8
ATTACHMENT B - Tompkins County Livable Wage Policy and Attestation
Livable Wage Policy: By policy, Tompkins County must “consider the wage levels and benefits, particularly health care,
provided by contractors when awarding bids or negotiating contracts, and to encourage the payment of livable wages
whenever practical and reasonable.”
Paying the living wage rate to all employees directly involved in providing the contracted County service is not mandatory
but highly encouraged. The attainment of a broadly applied living wage is a County goal and is therefore an important
consideration applied by the County when reviewing contract proposals.
The Current Living Wage: The Living Wage in Tompkins County was computed by the Ithaca and Buffalo Co-Labs of
Cornell’s School of Industrial and Labor Relations. Living wage is currently $24.82/hour for a single person without children.
While the calculation is for a single person without children, there is an alternate online calculator from MIT that does
provide local living wage figures for different family configurations in Tompkins County at
https://livingwage.mit.edu/counties/36109. The rate will be re-evaluated again in 2027.
Requirement of All Contractors: As a part of its proposal or contract representations, a prospective service contractor
must advise the County whether it will pay the living wage rate to all Covered Employees directly involved in the provision of
the contracted service, including employees of any subcontractor engaged to assist in providing the service.
Additionally, contractors are asked to estimate the number of employees who will be directly involved in the provision of the
contracted service. If not all employees are going to be paid the Living Wage, contractors are asked to estimate how many
full-time, and how many part-time, covered employees will NOT be paid the living wage.
Covered Employees include all full- and part-time employees, other than those Excluded Employees described below, who
are directly involved in the provision of the contracted service, including employees of sub-contractors engaged to assist in
providing the service.
Excluded Employees include:
• Employees under the age of 18
• Seasonal or temporary employees (90 days or less)
• Employees in a probationary status (90 days or less)
• Those employed in a sheltered or supported work environment
• Employees participating in a limited-duration (90 day) job training program
• Employees participating in an academic work-study or academic internship program
• Volunteers
• Employees participating in mandated welfare-to-work programs
• Employees paid pursuant to a collective bargaining agreement
Contractor’s Living Wage Attestation
1. What is the approximate number of Covered Employees involved in the provision of the contracted service? __________
2. Will all Covered Employees involved in the provision of the contracted service be paid at least the living wage?
YES or NO
3. If the answer is "No", approximately how many Covered Employees will NOT be paid at the living wage?
Full Time ______________________ Part Time _________________________
Print Contractor Name:____________________________________________________________________
If you answered “Yes” to the Living Wage Representation and are awarded the County contract, you will be expected to
maintain all employees directly involved in the provision of services under this contract at or above the living wage as of the
time of execution of the contract for the duration of the contract. If you answered “No,” your response will be among the
considerations applied by the County in making its contract award. As a part of contract negotiations, the County may
request additional information from you regarding the basis of this response.