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Home My WebLink About2006-03-090M 3 -9 -06 TOWN OF DRYDEN TOWN BOARD MEETING March 9, 2006 Present: Supv Stephen Trumbull, Jr., CI Martin Christofferson, Cl Daniel Tier 111, Cl Stephen Stelick, Jr., Cl Mary Ann Stunner Elected Officials: Bambi L. Hollenbeck, Town Clerk Jack Bush, Highway Superintendent Other Town Staff: Mahlon R. Perkins, Town Attorney Henry Slater, Zoning Officer Daniel Kwasnowski, Environmental Planner Andrew Sciarabba, TG Miller Engineering Supv Trumbull opened the meeting at 7:00 p.m, and led the board and members of the audience in the pledge of allegiance. CITIZENS PRIVILEGE Arthur Berkey, 1205 Ellis Hollow Road, asked about progress and clarification W regarding the feasibility study for extending public water on Ellis Hollow Road and said he n would use the information for an article in the Ellis Hollow Gazette. He asked about stopping the study if the average cost exceeded the State Comptroller's thresholds. He Said that requests to the Comptroller to bring to a vote costs in excess of the thresholds are possible and typical. He asked whether it was the Town Board's intent to make such a request rather than terminate the study if the average household cost exceeds the threshold. Because this is an item for discussion later in the agenda the engineer had not arrived, the Board said they would discuss it later in the meeting. Jeff Lydon, Executive Director of the Tompkins County SPCA, gave the board a brief overview of what is happening at the shelter and the services provided to the Town. He has served in that capacity a little less than six months. The mission of the SPCA is to find homes for 100% of the adoptable animals in Tompkins County, to educate the community about animal issues and to advocate for the animals. They have the best save rate of any shelter in the United States and are the only Companion animal shelter in America that has both open admission and no -kill. They do not kill any animals for budgetary reasons and only euthanize if they are beyond hope medically or a danger to the community. Open admission means they %vill not turn any animal away. Tompkins County has the only green shelter facility in the United States (LEED certified). New initiatives to be publicized soon include having their first full time veterinarian on tt,��{{' will have a shelter pet supply shop on site, sponsor dog obedience classes on site, a6l ine y stairs of the building into an auditorium and conference �d asc tucRing a large room in the up anion animal husbandry and field trips, conferences, workshops, films, symposiums, etc). center for humane education. They %vill have a series on companion humane education for youth ( throughout the County S The ser%nces they p rovide Dryden and other communities throng culture a Markets animals. They pick up strays, shelter and care for them, issue include all animal control issu n and enforcement of statutes of NY Agriculture legislation related to companion 1 of 32 TR 3 -9M06 tickets and testilj for violations and misdemeanors, help process and t-mck dog licenses, respond to calls concerning strays and animals hit by cars and animals that are being abused. Their Ag &s Markets oversight representative recently mandated that the SPCA process all of their dog licenses through Dryden, and Dryden can look forward to getting about $5,000 in fees (eOiTrated at 7001 dogs per year at $7 -50 per license)- J Lydon said he has focused on professionalizing the animal control oFfic..imrs and providing them with the guidance and training they need to do their jobs well. They are working more closely with the Courts and local law enforcement, and are now registered Precc Officers with the Department of Criminal Justic c:- He noted there are a few other services they provide such as picking up cats and all other animals surrendered. They provide free and low -cost spay and neuter services for animals owned by around 500 residents a year, Pdrnarily those of lower income. if a cunment funding opportunity comes through, they will be able to triple that number in the next 12 months. {Controlling the animal population helps to reduce the risk of rabics- Thev conduct animal cruelty invest gati ons and J Lydon said this is important not just for animals, but also for people, because of the overwhelming statistical link between abuse of :animals and violent crime, in particular domestic violent crime and especially child abuse, The animal control officers have for the first time received mandated repporter training so they aloe better equipped to recognize, identify and report any signs of child abuse when they are investigating animal abuse- 'C) rey in turn provide the Department of Social Services with training on how to easily identify and report signs of animal abuse when their employees are investigating a case, 0 He left calendars, brochures and newsletters, Town Clerk 8 Hallenbeck said her office has a good relationship with the dog control officers and knew of their recent training. She suggcsfcd that perhaps they could use a third dog control office because they seem to have, a pretty heave case laad- Dwight Widger, 64 Lower Creek Road, said he had noiliced reference to Pinckney Road Sewer and Wa al r and wasn't sure exactly where that area was. A Sciarabba. said it does not extend down Lower Creek Roach, but basically includes tbC Cnmmercitll properties on Hall Road with an extension of services to Pinckney Road for future extension of water and sewer. 17 i + r Highway uperintendent Jack Bush explained th at it is necessary 1;0 make some changes for his plan to purchase equipment- This year instead of several different brands of 10 -wheel dump trucks on th(-.F state bid, there is only one- His budget allotment for this vehicle TAas $135,000 and the price has gone up considerably, with the cost ranging frorn $148,000 to 1 65,000. He would like authori ty to purchase off state bid or advertise for bids at a cost not to exceed $165,0001 He had also planned to purchhase a 4 x 4 single axle clump truck but omitted it from the first resolution and would like that included now to purchase off stake bid or advertise for bids al: a cost not to exceed $70,000, The previous resolution provided for purchase of a grader, but that is not available off state bid this year and he will not be purchasing one. With the removal of that, and the addition of the one truck and modified price of the other, the total cast is below the total budget provision by $595000. Page 2 o f 3 2 -19B J=9006 RESOLUTION #63 - AMEND HIGHWAY DEPARTMENT PURCHASES Cl Christofferson offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby amends Resolution 438 of this year as follows: Amend the }paragraph for purchase of a "2006 new and unused ten whcet dump truck with mow plow CquipTn(mt" to reflect a cost not to exceed 165,000; Add the following "AdveT-6ist for bid or purchase off the state contract one 2006 new and unused 4 x 4 single axle dump truck with snowplow equipment not to exceed $70,000. 11d Cl stelick Roll Call Vote Cl Christofferson Yes Cl Tier Yes upv Trumbull Yes Cl Stelick Yes Cl Sumner Yes J Bush reported that the recent speed limit reductions had been approved by the County and forwarded to the State Department of Transportation for action. COUNTY BRIEFING Mike Hattcry said that one of thQ things on the work pl., rn for the Public Safety Committee is to try and sort out a reasonable strategy for improved road patrol before they get into the budget season and they will be working with the Sheriff and other folks to try and lay out whale kind of base services are currently provided end what it would take to get more services. They are also trying to get a clearer picture of what the current board out costs at the jail are. Other agencies such as Probation and Assigned Council are reporting increased costs in connection with the bcArd outs. He expects that over the next few months they will get a more realistic picture of the cost of board outs, The County Legislature approved this week, largely to improve the quality of data available to dispatchers, the purchase with some grant funds of improved aerial photography, which has oblique images jangles, etc)- This w9ill be used for dispatchers communicating with }people on the way to accident scenes, etc and will be used setae by the Planning Department - As part of the contrar_t, the County is also going to make the data and software enhancement available to the Towns. Martha Robertson said they know that board outs are costing too much and they are really interested in why the population is high. A subcommittee of the Community Justice Alternatives to Incarceration Advisory Board is going to be looking at every part of the justice system to try acid determine why there are high numbers right now, The County is looking for a Deputy Administrator for Steve hichet's Office and they have received 75 applications for that position- They have narrowed it doww�n to about 15 at this point, She said they am an impressive group of applicants. They arc also looking for anew Director for the 0 M ce for the Aging because Irene Mein has retired. Lisa Holmes, the Planner in that office, has taken the interim Director position until a replacement can be fOUnd. Pagc 3 of' 2 T8 � -9-(lb There is a new process for funding for beautification grants in Tompkins County, The Strategic Tours and Planning Board have revised the process in response to suggcsllions from pasC reciplents. They % %qll probably take some money from a reserve fund they have there will be somewhere between $4,000 and $5,000 for each Town. The goal is to do aomething at the gateways into the County, such as plantings at the County line along major highways. She said if the Town isn't ready this yr ar, it will be ready next year. A match, such as in -ki n services will be necessary on the part of the Towns, This is a recurring fund of money from the room tax, and while they are not; sure of the money that will be available each year, there will be something_ Chris Gardner at Cooperative Extension is the person managing this grant opportunity, ENGINEERING A S Qiarabba said TG Miller has prepared a draft report for the EIIis Hollow road Water District which looks at the petitioned service area. They looked at the service area and sources of water (the NY S 60, East Bill and Hungerford Hill tanks) and different scenarios for getting tine water to the service area_ They narrowed down the options to the three least costly ones. The East Hill tank is at an elevation that it won't be able to scrvice enough of an area, so they discounted that as one of the options and are focusing on the Hungerford Hill and NY E tanks as sources. They have Iaid out some rough water improvements including mains, etc and come up with estimates for what each of the options may cost. They don't, yet have the cost per user rased on the benefit assessment formula, They have broken it down based on total cost, total number of parcels that can be served, and the cost per user could be higher than what the Comptroller has set for thresholds_ They won't know far certain until they have firmer numbers, He asked the board to get any cainments or concerns to him in the next week so they can move on. Once they have the report ftnalized they will set iup a public information meeting, A Berkey said it was common for the costs to exceed the Cainptroller's thresholds and asked if it did exceed the limit, if the Town would proceed to get approval from the Comptroller_ Atty Perkins said the F30ard asked for this preliminary estimate of where the cost might fall before deciding to spend the rest of the money on the detailed study_ It is going to be expensive and it is up to the board to &terrnine whether nr nat they w;a.nt the engineer to finish the report and refine the numbers. The formation of t>7o district would be subject to a permissive referendum. A Berkey asked how the Board would get input to determine whether the people on Ellis Hollow Road would be willing to pay the casts. Atty Perkins said there are provisions in the statute for a public hearing once the map, plan and report has been finalized and filed. The board then has to adopt an order calling a public hearing on the matter. Before that there are lots of preliminary and informal things that can be done, such as public information meetings. A Berkey asked about the role of an interested person and what kind of initiatives they could take to provide information to the Board to answer the question whether the majority is interested, He also asked about the scope of the area in the district. He was told it was whoever could tie served by the existing tanks, and A Sciarabba. noted the area in the petition iwas from Came Farm Road to Turkey Hill Road. But inn looking at the options, they also looked at what i 1 would cost to go to Gen ung Road, which could lower thy: cost per parcel. The amount set by the State Comptroller is $579 and Atry Pcrkins said the report does nvt currently pre seat t>he information in such a way that you can compare it to the Camptroller's threshold, If the board directs the engineers to proceed further, they will analyze what the typical property is and what the cost to a typical property would be_ Property owners in the districE will have an opportunity to comment at a public hearing and a maiting will be sent: to them_ Page 4 of 32 14I3 3 -9 -06 The board directed the engineer to proceed with the report. and develop costs that could ® be compared to the Comptrollers threshold. Cl Stelick assured A Berkey that the Board would seek public input and reminded him that the report was initiated by the petition presented by Mr Berkey requesting water service on Ellis Hollow Road. Cl Christofferson said information will be passed along to the residents when it is received and they will be asked for feedback. With respect to the proposed Pinckney Road Water and Sewer Districts they are reviewing the benefit formula as it relates to the definition of units. They have looked at what the Town is currently using and A Sciarabba said there doesn't seem to be a single formula across the districts. He said they would like to have a consistent formula to apply and requested the board consider a committee to work with TO Miller and Atty Perkins on this. Once this is done they will be able to finish the reports for Pinckney Road Water and Sewer Districts and Ellis Hollow Road Water District. Atty Perkins said this only becomes important if the board determines it is going to use units as a part of the formula for determining the benefit assessment, and historically that has been done in almost all cases, but it doesn't have to be done that way. Typically, the concept of units means that you assign a number to the type of property, i.e. a single family unit will be one unit; a two family dwelling would be two units, and there is some basis for commercial properties. TO Miller has proposed in their report for Pinckney Road to use the schedule that Bolton Point uses for their connection fees, but they don't totally agree with the way that they assign those units in every scenario. The board briefly discussed the reason there are different formulas in different districts and Atty Perkins explained that it is really the result of what the people in the district wanted. Atty Perkins noted that Pinckney Road probably most closely resembles the Monkey Run Districts because it is comprised mostly of commercial properties. A Sciarabba asked that a committee be formed to work with them on this, and Supv Trumbull and Cl Tier said they would work on that with A Sciarabba. • TG Miller has been working on the plan for getting utilities to the town hall site and working with the Environmental Planner to make sure that any improvements for the town hall site do not affect wetlands and future plans for the property. Because they do need to have a stormwater management: facility to serve the town hall parcel, they investigated if it made sense to do one large facility at the bottom the slope to take care of the town hall plus the entire master plan build out. They decided it makes more sense to make a separate pond facility for the town hall parcel and have identified an area on top of the hill they can get to by gravity and it is outside the wetland areas and not in an area that may be used for future fields, etc. 'rhe building committee will be meeting again in the near future. ATTORNEY Atty Perkins reported he has heard from NYSEG regarding the easement across the property the Town owns on Hammond Hill to the Susan Rausch property. The town had added language regarding the relocation of the line should the Town require it because of rebuilding the road or parking area. It is unacceptable to NYSEG because if they had to do it, they would pass that cost along to their customer. Alternatively, they can relocate the pole at more expense to Susan Rausch who dedicated this property to the Town that she is now seeking an easement across. After discussion, the board decided they did not want to cause any additional expense to S Rausch and the revised language would acceptable. RESOLUTION #64 - AUTHORIZE REVISED NYSEG EASEMENT Cl Stelick offered the following resolution and asked for its adoption: Page 5 of 32 T!333-9-06 RESOLVED, that this Town Board hereby authorizes the Town Supervisor to execute ® the easement to NYSEG for access to the Susan Rausch property on Hammond Hill Road in revised form. 2tili Cl Tier Roll Call Vote Cl Christofferson Yes Cl Tier Yes Supv Trumbull Yes Cl Stelick Yes Cl Sumner Yes Atty Perkins has provided the board with a proposed local law having to do with establishing the qualifications for electrical inspectors. GO Slater has contacted those organizations and agencies that currently are authorized to provide that service to the Town. Atty Perkins said civil service requirements are a little stricter than what the local law provides for. We tried to provide for the qualifications of a person who might not meet all of the requirements set forth, but who perhaps should be authorized to do it. The board can decide whether to leave that in. There was a comment received from the New York Board of Fire Underwriters that simply because you've been a journeyman electrician for five years really doesn't give you the qualifications to do that; you really should be certified. There is one recognized organization that does that certification, The International Association of Electrical Inspectors, which the Board of Fire Underwriters also recognizes as being the. authority on it. ?O Slater said he and Atty Perkins have discussed this local law and are comfortable with it. There should be no problem finding qualified inspectors to serve the Town. The New York Board of Fire Underwriters requires that its inspectors be certified. The City of Ithaca has a civil service appointed inspector, and the Town of Lansing now has a full time electrical inspector who meets these requirements. The board asked that the law be revised to omit the part about being a recognized journeyman electrician for at least five years and asked that it be ready to be introduced next month. Atty Perkins has provided the board with a proposed local law having to do with establishing a policy on notifying individuals upon the unauthorized release of private information which we might have in some digital format. The amendments to the State Technology Law became effective in December and require local adoption of a policy and this would meet the requirements of the statute. Cl Christofferson noted the Town should have an inventory of what personal and confidential information it has and where it is, and should ask the staff' to come with a plan on how to address that. RESOLUTION #65 = INTRODUCE LOCAL LAW A local law establishing the Town of Dryden policy on notification upon the unauthorized release of private information. Cl Christofferson offered the following resolution and asked for its adoption: RESOLVED, that this Town Board does hereby introduce the following local law and sets the public hearing for the same for April 13, 2006 at 7:00 p.m. at the Dryden Town Hall, 65 East Main Street, Dryden, New York: Proposed Local i.,aw 2006 A local law establishing the To%�m of Dryden policy on notification upon the unauthorized release of private • infonnstion. Page 6 of 32 TB 3 -9 -06 is PREFACE: This local law is adopted to comply with the requirements of State 'Technology Law Section 208 which became elTective December, 7, 2005. As used in this local law, the following terms shall have the following meanings: (a) "Private information" shall mean personal information in combination with any one or more of the following data elements, when either the personal information or the data element is not encrypted or encrypted with an encryption key that has also been acquired; (1) social security number; (2) driver's license number or non - driver identification card number; or (3) account number, credit or debit card number, in combination with any required security code, access code, or password which would permit access to an individual's financial account "Private information" does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records. (b) "Breach of security of the system" shall mean unauthorized acquisition or acquisition without valid authorization of computerized data which compromises the security, confidentiality, or integrity or personal information maintained by the town. Good faith acquisition of personal information by an employee or agent of town for the purposes of the town is not a breach of the security of the system, provided that the private information is not used or subject to unauthorized disclosure. In determining whether information has been acquired, or is reasonably believed to have been acquired, by an unauthorized person or a person without valid authorization, the town may consider the following factors, among others: (1) indications that the information is in the physical possession and control of an unauthorized person, such as a lost or stolen computer or other device containing information; or (2) indications that the information has been downloaded or copied; or (3) indications that the information was sued by all unauthorized person, such as fraudulent accounts opened or instances of identity theft reported. (c) "Town" shall mean the Town of Dryden, Tompkins County, New York, and any board, bureau, division, committee, commission, council, department, office or other entity performing a governmental or proprietary fimction of the town, except judiciary of the town. (d) "Consumer reporting agency" shall mean any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. A list of such consumer reporting agencies is compiled by the state attorney general. 2. When the town owns or licenses computerized data that includes private information, it shall disclose any • breach of the security of the system following discovery or notification of the breach in the security of the system to any resident of New York State whose private information was, or is reasonably believed to have Page 7 of 32 TB 3 -4 -06 been, acquired by a person without valid authorization. The disclosure shall be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement, as provided in subdivision four of this local law, or any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system. 3. When the town maintains computerized data that includes private information which the town does not own, the town shall notify the owner or licensee of the information of any breach of the security of the system immediately following discovery, if the private information was, or is reasonably believed to have been, acquired by a person without valid authorization. 41 The notification required by this section may be delayed if a law enforcement agency detenvines that such notification impedes a criminal investigation. The notification required by this section shall be made after such law enforcement agency determines that such notification does not compromise such investigation. 5. The notice required by this section shall be directly provided to the affected persons by one of the following methods: (a) written notice: (b) electronic notice, provided that the person to whom notice is required expressly consented to receiving said notice in electronic form and a log of each such notification is kept by the town when it notifies affected persons in such form; provided further, however, that in no case shall any person or business require a person to consent to accepting said notice in said form as a condition of establishing any business relationship or engaging in any transaction; (c) telephone notification, provided that a log of each such notification is kept by the town when it notifies affected persons; or 0 (d) substitute notice, which notice shall consist of all of the following: (1) e-mail notice when the town has an e-mail address for the subject persons; (2) conspicuous posting of the notice on such town's web site page, if the town maintains one: and (3) notification to major statewide media. 6. Regardless of the method by which notice is provided, such notice shall include contact information for the town and the name of the person making the notification and a description of the categories of information that were, or are reasonably believed to have been, acquired by a person without valid authorization, including specification of which of the elements of personal information and private information were, or are reasonably believed to have been, so acquired. 7. (a) In the event that any New York residents are to be notified, the town shall notify the state attorney general, the consumer protection board, and the state officer of cyber security and critical infrastructure coordination as to the timing, content and distribution of the notices and approximate number of affected persons. Such notices shall be made without delaying notice to affected New York residents. (b) In the event that more than live thousand New York, residents are to be notified at one time, the town shall also notify consumer reporting; agencies as to the timing, content and distribution of the notices and approximate number of affected persons. Such notice shall be made without delaying notice to affected New York residents. This local law shall take effect upon filing with the Secretary of State. • 2 "a C1 Stelick Page 8 of 3 2 Roll Call Vote Cl Christofferson Yes C1 Tier Yes Supv Trumbull Yes Cl Stelick Yes Cl Sumner Yes TB 3 -9 -06 Atty Perkins distributed to the board two proposed local laws. The first is a re- statement of the Town's Telecommunications Tower Law, resulting from the work the telecommunications committee did. The second repeals the old local law and amendments. RESOLUTION #66 It INTRODUCE PROPOSED LOCAL LAW A local law regulating siting of telecommunications towers, antennae, and related facilities Cl Christofferson offered the following resolution and asked for its adoption: RESOLVED, that this Town Board does hereby introduce the following local law and sets the public hearing for the same for April 13, 2006 at 7:10 p.m. at the Dryden Town Hall, 65 East Main Street, Dryden, New York: CONTENTS PAGE 0 Section 1. PURPOSE AND LEGISLATIVE INTENT ................. ............................... 10 Section2. Title.. ................................................................................ ............................... 10 Section3. Severability ...................................................................... ............................... 10 Section4. Definitions.... ................................................................... ............................... 11 Section 5. Overall Policy and Desired Goals for Special Use Permits for Telecommunications Towers, ................ *,00 .............................. 0 ...................................... 13 Section 6. Special Use Permit Application and Other Requirements.,.,.,,.,,,,,',, 14 Section 7. Location of Telecommunications Towers.................... ............................. "1 10 Section 8. Shared use of Telecommunications Tower(s).............. ...........0604................ 18 Section 9. Height of a Telecommunications Tower...,,...,.. ...... ................ 19 Section 10. Visibility of a Telecommunications Tower ................. .............9904.............. 19 Section 11. Security of Telecommunications Towers,,,, ..................... 19 Section 12. Signage ..................I........I.I. Section 13. Lot Size and Setbacks. . . . . I I I . I I * I I I I I I I I I I . I I I . . . . . . . . . I . . . . . . . . 4 * * . * 1 9 0 , I , V a . . I . . 1...............120 Section 14. Retention of Expert Assistance and Reimbursement by Applicant........ 20 Section 15. Applicability of Special Use Permit for a Telecommunications Towers 20 Section 16. Public Hearing Required ...................... Section 17. Action on an Application for a Special Use Permit fora Telecommunications Tower. ....... to ...... ................ 11111111111164 .... 4 * 0 0 a 8 a 6 0 ...................... 21 Section 18. Re- certification and Amendment of a Special Use Permit for a Telecommunications Tower, ....... 4 ............................................ .............................. 22 Section 19. Extent and Parameters of Special Use Permit for a Telecommunications Tower. ............................................................................................................ ............................... 23 • Section 20. Application Fee. .................. * .... .,**I ....................... *&*moes6 .... 23 Page 9 of32 TB 3 -9 -06 Section 21. Performance Security.,....,.., .................... *&64 . . . . . . . . . q I . . . . . . . . . 0 * . . * 0 . 4 # # # . . 4 t 0 M a 8 . . . . . . . 24 • Section 22. Reservation of Authority to Inspect Telecommunications `Powers......... 24 Section 23. Responsibilities of Special Use Permit Holders. 0 1 1 1 1 1 1 1 1 4 a 0 1 1 . . 4 0 0 . 4 4 # b . 0 6 1 1 1 1 1 1 1 1 1 . 18 Section 24. Liability Insurance. ...................................................... ............................... 25 Section 25. Indemnification, ......... & ................. .............. Error! Bookmark not defined. Section26. Penalties. .............. a 0 a a a 4 , . ................ 4 ... A .... 4*0..* ..... to ........................... a & 6 0 a 4 4 # . . 4 * . 0 26 Section 27. Default and /or Revocation........................................... ............................... 26 Section 28. Removal of a Telecommunications Tower................. ............................... 27 Section29. Iielief ............................................... ............................... 6666........................... 28 Section 30. Conflict with Other Laws ............. ..............................1 1411........................... 28 Section 31. Effective Date. . 0 . . . . . . . . . . . . . . . . . . . . I . I I I I I I I I , a 4 a................ 28 Section 32. Authority. .................. ................................................ 4,4 ...... 28 Section 1. PURPOSE AND LEGISLATIVE INTENT. The "Telecommunications Act of 1996 affirmed the Town of Dryden's authority concerning the placement, • construction and modification of telecommunications towers. The Town Board of the Town of Dryden finds that telecommunications towers and related facilities may pose a unique hazard to the health, safety, public welfare and environment of the 'Town of Dryden and its inhabitants. In order to insure that the placement, construction or modification of telecommunications towers and related facilities is consistent with the "town's land use policies, the Town is adopting a single, comprehensive telecommunications tower application and permit process. The intent of this law is to minimize the negative impact of the telecommunications towers, establish a fair and efficient process for review and approval of applications, assure an integrated, comprehensive review of environmental impacts of such facilities, and protect the health, safety and welfare of Town of Dryden and its inhabitants. The Town also recognizes that facilitating the development of wireless service technology can be an economic development asset to the Town and of significant benefit to the Town and its inhabitants. Section 2. Title. This Law may be known and cited as the Telecommunications Tower Siting Law for the Town of Dryden (or "TTS" ). Section 3. Severability. A. If any word, phrase, sentence, part, Section, Subsection, or other portion of this Law or any application thereof to any person or circumstance is declared void, unconstitutional, or invalid for any reason, then such word, phrase, sentence, part, Section, Subsection, or other portion, or the proscribed Application thereof, shall be severable, and the remaining provisions of this Law, and all applications thereof; not having been declared void, unconstitutional, or invalid, shall remain in full force and effect. B. Any special use permit issued under this law shall be comprehensive and not severable. If part of a permit is deemed or ruled to be invalid or unenforceable in any material respect, by a competent Page 10 of 32 1413 3 -9 -06 authority, or is overturned by a competent authority, the permit shall be void in total, upon election by the Town Board. Section 4. Definitions. For purposes of this Law, and where not inconsistent with the context of•a particular Section, the defined tertits, phrases, words, abbreviations, and their derivations shall have the meaning given in this Section. When not inconsistent with the context, words in the present tense include the future tense, words used in the plural include words in the singular and words in the singular include the plural. The word "shall' is always mandatory, and not merely directory. A. "Accessory Facility or Structure" means an accessory facility or structure serving or being used in conjunction with a Telecommunications Tower, and located on the same property or lot as the Tower, including but not limited to utility or transmission equipment buildings or shelters, equipment cabinets, equipment platforms, or storage sheds. B. "Applicant" means and shall include any individual, partnership, limited liability company, corporation, estate, trust, or other entity or the equivalent of any of the foregoing submitting an Application to the Town of Dryden for a Special Use Permit for a Telecommunications Tower. C. "Application" means the form approved by the Board, together with all required and other documentation that an Applicant submits in order to receive a Special Use Permit for a Telecommunications Tower. D. "Antenna" means a system of electrical conductors that transmit or receive electromagnetic waves or radio frequency signals. Such waves shall include, but not be limited to radio, television, cellular, paging, personal Telecommunications services (PCS), and microwave Telecommunications. E, "Board" means the Town Board of the Town of Dryden, which is the officially designated body of the Town to whom applications for a Special Use Permit for a Telecommunications "bower must be made. The Board is authorized to review, analyze, evaluate and make decisions with respect to granting or not granting, recertifying or not recertifying, or revoking special use permits for Telecommunications Towers. The Board may at its discretion delegate or designate other boards of the Town to accept, review, analyze, evaluate and make recommendations to the Board with respect to the granting or not granting, recertifying or not recertifying or revoking special use permits for Telecommunications ecommunications Towers. F. `Break point" means the location on a Telecom in tin ications Tower at which the initial failure of a structural element is expected to eventually occur as the wind loading increases beyond the design value, as a means of controlling the mechanism of collapse and minimizing the size of the collapse zone and any potential damage to the surrounding area. G. "Camouflaged Tower" means any Tower or supporting structure that, due to design, location, or appearance, partially or completely hides, obscures, conceals, or otherwise disguises the presence of the Tower and one or more Antennas or Antenna arrays affixed thereto. If. "Collapse zone" means the area in which any portion of a Telecommunications Tower could or would fall, collapse or plunge to the ground or into a river or other body of water. The collapse zone shall be no less than the lateral equivalent of the distance from the Break point to the top of the structure plus ten feet, such being not less than one -half (1,12) the height of the structure. Page 1 1 of 32 L- TB 3 -9 -06 [, "Co- locatiun" means the use of the same telecommunications tower or structure to carry two or more antennae For the provision of wire:less services by two or more persons or entities.J. "Commercial Impracticability" or "CommerciAlly Impracticable" shall htive the meaning m this Law and in Special Use Permits granted hereunder as defined and applied under Uniform Commercial Code 2.- 615, K, "Completepplietion" means an Application that contains all information and /or data necessary to enable the Board to evzaluate the merits of the Application, and to make act informed decision with respect to the effect and i ill pact oaf the 'l�elecornmt+nicatiu»s 1`ower on the Town in the context of the permitted land rise for the paMeuIar location requestredI 1 "County" means Tompkins County, New York. DO, ` €Dir"Wo hums satellite services" or "Direct Brnadcasl Service" or "DB " rneans only programming transmitted or broadcast by satellite directly to subscribers' premises without the use of ground receiving equipment, except at the suhscribcrs' premises or in the uplink process to the satO I ite. Nt "EAF" means the Full Criviroomental Assessment Farm approved by the New fork Department of Environmental Conservation (Appendix: A to 6 NYCRR 617. Q) and inclijdes a visual FAF Addendum (Apperkdix B). Foe an application for co- location, a short EAF (Appendix C to NYC:R.R. #617.20) including a visual BAl~ may be substituted for the Full Environmental Assessment Form_ 0, "EPA" mearis in the case of the State of New York. the Department of Environmental Conservation, and in the case of the United States, the Envlron men (aI Protection Agency or any successo r agency, P, "FAA" imans the Federal Aviation Administration, or a duly designated and authorized successor agency. ( "FCC" means the Federal Communications Commission; or a duly designated and authorized successor agency_ R, "Free standing Tower" means a Tower that is not supported by guy wires and ground anchors or other means of attaohed or external support. "Heigh# or Antenna" means, when referring to a Tower or structure, the vertical distance from the highest adjacent finished grade to the t,op of the highest antenna mounted on, or proposed to be mounted on the Tower or structure. T. "Height of Tower or Structure" means, when ri 1&ring to an existing Tower or structure, the vertical distance from the highest adjacent finished grade to the top of the Tower or structure. When referring to a proposed Tower or structure, it means the vertical distance from the prc- existing grade level to the highest point of the proposed Tower or structure_ U. "i lk" means Non - Ionizing Electromagnetic Radiation. V. "Person" means any individual; partnership, ]invited liability company, corporation, estate, trust, or other entity or the egtpivaleort of any of the foregoing,_ 0 , "Personal Wireless Facility" - See definition for `Teleconununications Tower' Page 12 ol-32 TB 3 -9 -06 X. "Personal Wireless Services" or "PWS" or "Personal Telecommunications Service" or "PCS" ® shall have the same meaning as defined iuid used in the 1996 Telecommunications Act. Y. "Site" See definition for 1'elecolmmU111Cations "['ower. L. "Special Use Permit" means the official document or permit by which an Applicant. is allowed to construct and use a Telecommunications Tower as granted, authorized or issued by the Town. AA. "State" means the State of New York. 13B. "Telecommunications" means the transmission and reception of audio, video, data, and other information by wire, radio frequency, light, and other electronic or electromagnetic systems. CC. "Telecommunications Tower" or "Tower" or "Site" or "Personal Wireless Facility" means a structure or location designed, or intended to be used, or used to support Antennas. it includes Free standing Towers, guyed 'towers, monopoles, and similar structures, as well as any Camouflaged Tower, including but not limited to a church steeple, silo, water tower, flagpole, sign or other structure intended to mitigate the visual impact of an Antenna. It is a structure intended for transmitting and/or receiving radio, television, cellular, paging, dispatch, PCS, microwave, broadband, or other commercial Telecommunications. DD. "Telecommunications Structure" means a structure used in the provision of services described in the definition of'Telecommunications Tower'. EE. "Temporary" in" is in relation to all aspects and components of this Law, something intended to, or that does, exist for fewer than ninety (90) days. FF. "Town" means the Town of Dryden, New York. Section 5. Overall Policy and Desired Goals for Special Use Permits for Telecommunications Towers. in order to ensure that the placement, construction, and modification of `I "elecommunications Towers conforms to the ]'own's purpose and intent of this Law, the Board creates a m Special Use Permit for a Telecommunications Tower. As such, the Board adopts an overall policy with respect to a Special Use Permit for a Telecommunications Tower for the express purpose of achieving the following goals: 1) Implementing an Application process for person(s) seeking a Special Use Permit for a Telecommunications Tower; 2) Establishing a policy for examining an application for and issuing a Special Use Permit for a Telecommunications Tower that is both fair and consistent: 3) Establishing reasonable time frames for granting or not granting a Special Use Permit for a Telecommunications Tower, or rc- certifving or not re- certifying, or amending or revoking the Special Use Permit granted under this Law. 4) Promoting and encouraging, wherever possible, the sharing and /or co- location of a Telecommunications Tower among service providers; 5) Promoting and encouraging, wherever possible, the placement of a Telecommunications Tower in such a manner as to cause minimal disruption to aesthetic considerations of the land, property, buildings, and other facilities adjacent to, surrounding, and in generally the • same area as the requested location of such a Telecommunications Tower. Page 13 of 32 T1333-9-06 6) Promoting and encouraging the development and deployment of newer and better technology to provide improved Telecommunications services to the residents and businesses within the Town. Section 6. Special Use Permit Application and Other Requirements A. All Applicants for a Special Use Permit for a Telecommunications Tower shall comply with the requirements set forth in this Law. R. (1) An Application for a Special Use Permit for a Telecommunications Tower shall be signed on behalf of the Applicant by the person preparing the same and with knowledge of the contents and representations made therein and attesting to the truth and completeness of the information. (2) The landowner, if different than the Applicant, shall also sign the Application. (3) At the discretion of the Board, any false or misleading statement in the Application may subject the Applicant to denial of the Application without further consideration or opportunity for correction. (4) At the discretion of the Board, any information contained in the Application that is discovered to be false after issuance of a Special Sue Permit may subject the Applicant to revocation of such Special Use Permit. C. Applications not meeting the requirements herein or which are otherwise incomplete, may be rejected by the Board. D. The Application shall include a statement in writing: 1) that the applicant's proposed Telecommunications Tower will be maintained in a safe manner, in compliance with all conditions of the Special Use Permit, without exception, unless specifically granted relief by the Board in writings as well as all applicable and permissible'local codes, ordinances, and regulations, including any and all applicable County, State and United States laws, rules, and regulations; 2) that the construction of the Telecommunications Tower is legally permissible, including;., but not limited to the fact that the Applicant is authorized to do business in the State. E. All applications for the construction or installation of a new Telecommunications Tower shall be accompanied by a report containing the information herein required. The report shall be signed by a licensed professional engineer registered in the :State. Where this Section calls for certification, such certification shall be by a qualified New York State licensed Professional Engineer acceptable to the Town, unless otherwise noted. F. No Telecommunications Tower shall be installed or constructed until a site plan required under this law is reviewed and approved by the Board. The site plan Application shall include, in addition to the other requirements for the Special Use Permit, the following additional information: 1) Name and address of person preparing the report, 2) Name and address of the property owner, operator, and Applicant, to include the legal form of the Applicant; 3) Postal address and tax map parcel number of the property; 4) Zoning District or designation in which the property is situated; Page 14 of 32 TR 3 -9 -06 5) Size of the property stated both in square feet and lot line dimensions, and a diagram to scale showing the location of all lot lines; 6) Location of nearest residential structure; 7) Location of nearest habitable structure: 8) Location of all structures on the property which is the subject of the Application; 9) Location, size and height of all proposed and existing antennae and all appurtenant structures; 10) Type, size and location of all proposed and existing landscaping; 11) The type and design of the Telecommunications Tower, and the number, type, and size of the Antenna(s) proposed, and the basis for the Calculations of the Telecommunications Tower's capacity to accommodate multiple users; 12) The make, model and manufacturer of the Tower and Antenna(s); 13) A description of the proposed 'Tower and Antenna(s) and all related fixtures, structures, appurtenances and apparatus, including height above pee - existing grade, materials, color and lighting; 14) The frequency, modulation and class of service of radio or other transmitting equipment; 15) Transmission and maximum effective radiated power of the Antenna(s); 16) Direction of maximum lobes and associated radiation pattern of the Antenna(s); 17) Applicant's proposed Tower maintenance and inspection procedures and related system of records; 18) Documentation that NIEK levels at the proposed site are within the threshold levels adopted by the FCC; 19) A stipulation that if the proposed Antenna(s) cause interference with existing telecommunications devices, the Antenna(s) will be deactivated until such interference can be eliminated by the Applicant. 20) A copy of the FCC license for the use of the "Telecommunications Tower; 21) Certification that a topographic and geomorphologic study and analysis has been conducted, and that taking into account the subsurface and substrata, and the proposed drainage plan, that the site is adequate to assure the stability of the proposed Telecommunications "Tower on the proposed site, (the certifying engineer need not be approved by the Town); 22) Propagation studies of the proposed site and all adjoining proposed or in- service or existing sites. 23) Applicant shall disclose in writing any agreement in existence prior to submission of the Application that would limit or preclude the ability of the Applicant to share any new Telecommunications Tower that it constructs. G. In the case of a new Telecommunications "Tower, the Applicant shall be required to submit a report demonstrating its efforts to obtain shared use of existing Telecommunications Tower(s). Copies of written requests and responses for shared use shall be provided to the Board. 1-I. Certification that the Telecommunications Tower and attachments are both designed and constructed ("As Built ") to meet all County, State and United States structural requirements for loads, including wind and ice loads; I. Documentation that the Telecommunications Tower is designed with a break point that, in the event the design wind loading is exceeded, will result in the Tower falling or collapsing within the boundaries of the property on which the Tower is placed; J. After construction and prior to receiving a Certificate of Compliance, certification that the Telecommunications Tower and related facilities have been installed with appropriate surge Page 15 of 32 T13 3 -9 -06 protectors, and have been grounded and honded so as to protect persons and property from • lightning strikes. K. The Applicant shall submit a completed Full EAF and a Visual )AF Addendum. The Board may require submission of a more detailed visual analysis based on the results of the Visual EAF Addendum. Applicants are encouraged to have pre- application conferences with the Town to address the scope of the required visual assessment I,,. A Visual Impact Assessment which shall at the Board's request include: 1) A "Zone of Visibility Map" which shall be provided in order to determine locations from which the Tower may be seen. 2) Pictorial representations of "before and after" views from key viewpoints both inside and outside of the Town, including but not limited to state highways and other major roads; state and local parks; other public lands; historic districts; preserves and historic sites normally open to the public; and from any other location where the site is visible to a large number of visitors or travelers. If requested by the Applicant, the Town, acting in consultation with its consultants or experts, will provide guidance concerning the appropriate key sites at a pre - application conference. 3) An assessment of the visual impact of the 'Cower base, guy wires and accessory buildings from abutting and adjacent properties and streets. M. Any and all representations made to the Board, on the record, during the Application process, • whether written or verbal, shall be deemed a part of the Application and may be relied upon in good faith by the Board. N. The Applicant shall, in a manner approved by the Board, provide vegetative or other approved screening around the base of the Telecommunications Tower and all accessory facilities and structures, to minimize its visibility from adjacent property. O. All utilities leading to and away from any Telecommunications Tower site shall be installed underground and in compliance with all laws, rules and regulations of the Town, including specifically, but not limited to, the National Electrical Safety Code and the National Electrical Code where appropriate. The Board may waive or vary the requirements of underground installation of utilities whenever, in the opinion of the Board, such variance or waiver shall not be detrimental to the health, safety, general welfare or environment, including the visual and scenic characteristics of the area. P. All 'telecommunications Towers and accessory facilities shall be sited so as to have the least practical adverse visual effect on the environment and its character, and the residences in the area of the Telecommunications Tower site. Q. Accessory facilities shall maximize use of building materials, colors and textures designed to blend with the natural surroundings. R. An access road and parking will be provided to assure adequate emergency and service access. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road construction shall at all times minimize ground disturbance and vegetation- Pane 16 of 32 TB 3 -9 -06 cutting. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential. S. The Board intends to be the lead agency; pursuant to S13Q11A. The Board shall conduct an integrated, comprehensive, coordinated environmental review of the proposed project in combination with its review of the Application under this Law. T. The Applicant shall submit no fewer than eight (8) copies of the entire Complete Application to the Town Board and one (1) copy to the County Planning Board. For a proposed facility on property which abuts the 'Town boundary, a copy shall be submitted to the legislative body of the immediately adjacent municipality. U. The Applicant shall examine the feasibility of designing a proposed Telecommunications Tower to accommodate future demand for at least two (2) additional commercial applications, e.g. future co- locations. The scope of this examination shall be determined by the Board. The Tower shall be structurally designed to accommodate at least two (2) additional arrays of Antennas which are equal to or greater in both size and quantity that the installation proposed by the Applicant. This requirement may be waived, provided that the Applicant, in writing, demonstrates that the provisions of future shared usage of the Telecommunications Tower is not technologically feasible, commercially impracticable or creates an unnecessary and unreasonable burden, based upon: 1) The number of FCC licenses foreseeably available for the area; 2) The kind of Telecommunications Tower site and structure proposed: 3) The number of existing and potential licenses without Telecommunications Tower • spaces/sites; 4) Available space on existing and approved Telecommunications Towers; V. The Applicant shall provide physical space, structural capacity, and utility connections necessary for Town -owned Antennas and equipment, as directed by the Board. Section 7. Location of Telecommunications Towers. A. (1) Applicants for Telecommunications Towers shall locate, site and erect said Towers in accordance with the following priorities, (a) being the highest priority and (e) being the lowest priority. (a) On existing Telecommunications Towers or other tall structures; (b) Co- location on a site with existing Telecommunications Towers or structures; (c) On Town -owned property in non - residentially zoned areas of the Town; (d) In other non - residentially zoned areas of the Town; (c) On other property in the Town. (2) If the proposed property site is not: the highest priority listed above, then a detailed explanation must be provided as to why a site of a higher priority was not selected. The person seeking such an exception must satisfactorily demonstrate the reason or reasons why such a permit should be granted for the proposed site, and the hardship that would be incurred by the Applicant if the perm it were not granted for the proposed site. (3) An Applicant may not by -pass sites of higher priority by stating the site presented is the • only site leased or selected. The Application shall address co- location as an option and if Page 17 of 32 TB 3 -9 -06 such option is not proposed, the applicant must demonstrate why co- location is Commercially, or otherwise, Impracticable. Agreements between providers limiting or prohibiting co- location, shall not be a valid basis for any claim of Commercial impracticability or hardship. (4) Notwithstanding the above, the board may approve any site located within an area in the above list of priorities, provided that the Board finds that the proposed site is in the best interests of the health, safety and welfare of the Town and its inhabitants. B. The Applicant shall submit a written report demonstrating the Applicant's review of the above locations in order of priority, demonstrating the technological reason for the site selection. C. The Applicant shall, in writing, identify and disclose the number and locations of any additional sites that the Applicant has, is, or will be considering, reviewing or planning for Telecommunications `Powers in the `Town, and in all municipalities adjoining the Town, for a two year period next following the date of the Application. D. Notwithstanding that a potential site may be situated in an area of highest priority or highest available priority, the Board may reject an Application for any of the following reasons: 1) Conflict with safety and safe(y- related codes and requirements, 2) Conflict with traffic needs or traffic laws, or definite plans for changes in traffic flow or traffic laws; 3) Conflict with the historic nature of a neighborhood or historical district; 4) The use or construction would be contrary to an already stated purpose of a specific zoning or land use designation; or 5) The placement and location would create an unacceptable risk, or the probability of such, to residents, the public, employees and agents of the Town, or employees of the service provider or other service providers. 6) Conflicts with the provisions of this Law. Section 8. Shared use of Telecommunications Tower(s). A. Shared use of existing Telecommun ications 'rowers shall be preferred by the Town, as opposed to the proposed construction of new Telecommunications Towers. Where such shared use is unavailable, location of Antennas on other pre - existing structures shall be considered and preferred. The Applicant shall submit a comprehensive report inventorying existing towers and other appropriate structures within four (4) miles of any proposed new tower site, unless the Applicant can show that some other distance is more reasonable, and outlining opportunities for shared use of existing facilities and the use of other pre- existing structures as a preferred alternative to new construction. B. An Applicant intending to share use of an existing Telecommunications Tower or other pre- existing structure shall be required to document the intent of the existing owner to share use. C. In the event of an Application to share the use of an existing Telecommunications Tower that does not increase the height: of the Telecommunications Tower, the Board may waive such requirements of this Local Law as may be for good cause shown. The Applicant is encouraged to seek a pre - Application conference with the hoard to review such a proposed Application and settle the issue of waivers of such provisions which will help to expedite review and the issuance of a permit for such Applications. The purpose of waivers shall be to expedite for the Applicant Page 18 of 32 TB 3 -9 -06 and the Town the review and issuance of a permit for the shared use of an existing • Telecommunications Tower. Section 9. Height of a Telecommunications Tower A. The Applicant must submit documentation justifj -ling to the Board the total height of any Telecommunications Tower and /or Antenna and the basis therefor. Such justification shall be to provide service within the Town, to the extent practicable, unless good cause is shown. B. Telecommunications Towers shall be no higher than the minimum height: necessary. Unless waived by the Board upon good cause shown, the presumed maximum height of the Tower shall be one hundred -forty (140) feet, based on three (3) co- located antenna arrays and ambient tree height of eighty (80) feet. C. Telecommunications Tower less than one hundred twenty (120) feet in height shall be designed to accommodate a future vertical extension of at least twenty (20) feet, to support the potential co- location of additional antennas for another entity. Section 10. Visibility of a Telecommunications Tower A. Telecommunications `Powers shall not be artificially lighted or marked, except as required bylaw, or as specifically approved by the Board. B. Telecommunications Towers shall be of a galvanized finish, or painted with a rust - preventive paint of an appropriate color to harmonize with the surroundings as approved by the Board, and shall he maintained in accordance with the requirements of this Law, C. In the case of applications to co- locate on existing Telecommunications Towers, if lighting is required, Applicant shall provide a detailed plan for lighting which will be as unobtrusive and inoffensive as is permissible under state and United States regulations, together with an artist's rendering or other visual representation showing the effect of light emanating from the site on neighboring habitable structures within fifteen- hundred (1,500) feet of all property lines of the parcel on which the Telecommunications Tower is located. Section 11. Security of Telecommunications .Cowers All `telecommunications Towers and Antennas shall be located, fenced or otherwise secured in a manner which prevents unauthorized access. Specifically: 1) All Antennas, Towers and other supporting structures, including guy wires, shall be made inaccessible to individuals and constructed or shielded in such a manner that they cannot be climbed or run into; and 2) Transmitters and Telecommunications control points must be installed such that they are readily accessible only to persons authorized to operate or service them. Section 12. Signage Telecommunications Towers shall contain a sign no larger than four (4) square feet to provide adequate notification to persons in the immediate area of the presence of an Antenna that has transmission capabilities. The sign shall contain the names) of the owner(s) and operator(s) of the • Antenna(s) as well as emergency phone number(s). The sign shall be located so as to be visible from Page 19 of 32 TB 3 -9 -06 the access point of the site. Telecommunications Towers shall also contain a sign displaying the FCC • registration number of the Tower as required by law. No other signage, including advertising shall be permitted on any Telecommunications Tower or Antenna, unless otherwise required by law. Section 13. Lot Size and Setbacks A. Telecommunications Towers and Accessory Facilities or Structures shall be set back from any property line a distance sufficient to preserve the privacy and sanctity of any adjoining parcels. B. Telecommunications Towers shall be located with a minimum setback fi•om any property line a distance equal to one half ('/2) the height of the 'Cower or the existing setback requirement of the zoning district, whichever is greater. Further, any Accessory structure shall be located so as to comply with the minimum setback requirements for the zoning district in which it is situated. Section 14. Retention of Expert Assistance and .Reimbursement by Applicant A. The Board may hire any consultant and /or expert necessary to assist the Board in reviewing and evaluating the Application and any requests for recertification. B. An Applicant shall deposit with the Town funds sufficient to reimburse the Town for all reasonable costs of consultant and expert evaluation and consultation to the Board in connection with the review of any Application. The initial deposit shall be $7,500.00. These funds shall accompany the filing of an Application and the'fown will maintain an account for all such funds. The Town's consultants/experts shall bill or invoice the Town no less frequently than monthly for its services in reviewing the Application and performing its duties. If at any time during the review process this account is depleted, additional funds must be deposited with the Town before any further action or consideration is taken on the Application. If at the conclusion of the review process the cost of such consultant/expert services is more than the amount deposited pursuant hereto, the Applicant shall pay the difference to the Town prior to the issuance of any Special Use Permit. In the eventt that the amount held by the Town is more than the amount paid to the Town's consultants and experts, the difference shall be promptly refunded to the Applicant. Section 15. Applicability of Special Use .Permit to Telecommunications Towers, A. No person shall be permitted to site, place, build, construct or modify, or prepare any site for the placement or use of, a Telecommunications Tower after the effective date of this Law without having first obtained a Special Use Permit for a Telecommunications Power. Notwithstanding anything to the contrary in this Section, no Special Use Permit shall be required for the following: 1) A Tower used or proposed to be used solely and exclusively for public safety and emergency services, including police, fire, ambulance, and rescue. 2) A Tower used or proposed to be used solely and exclusively for such other municipal services as Highway Department vehicles or public school trauisportation vehicles. 3) A Tower used or proposed to be used solely and exclusively for private reception of radio and television broadcast services, Direct -to -home satellite services, Citizen's Band, Amateur (Ham) radio, and other similar private, residential communications systems serving users on an individual property. Page 20 of 32 TI3 3 -9-06 4) A Tower proposed to be located on the property of a governmental agency, which facility has been found not to be subject. to the jurisdiction of the Town, or for which a resolution has been adopted by the Town Board to waive the Special Use Permit. Co- location of a commercial Antenna on any of the above Towers shall require issuance of a Special Use Permit. B. New construction on any existing Telecommunications Tower shall comply with the requirements of this Law. Section 16. Public Hearing Required A. Prior to the approval of any Application for a Special Use Permit for a Telecommunications Tower, a public hearing shall be held by the Town Board, notice of which shall be published in the official newspaper of the Town no less than two weeks prior to the scheduled date of the public hearing. The Applicant, at least three (3) weeks prior to the date of the public hearing, shall provide to the Town the names and address of all landowners whose property is located within fifteen hundred (1500) feet of any property line of the parcel on which the proposed Telecommunications Tower is to be located. The Town Code Enforcement Officer shall mail to all such landowners notice of such public hearing. Such mailing shall be by first class mall at least two (2) weeks prior to such hearing. f3. The Board shall schedule the public hearing referred to in Subsection (A) of this Section once it finds the Application is complete. The Board, at any stage prior to issuing a Special Use Permit, may require such additional information as it deems necessary. Section 17. Action on an Application for a Special Use Permit for a Telecommunications Tower. A. The Board will undertake a review of an Application pursuant to this law in a timely fashion, consistent with its responsibilities, and shall act within a reasonable period of time given the relative complexity of the Application and the circumstances, with due regard for the public's interest and need to he involved, and the Applicant's desire for a timely resolution. B. The Board may refer any Application or part thereof to the Planning Board or any advisory committee for their recommendation. C. Except for necessary building permits, and subsequent Certificates of Compliance, no additional permits or approvals from the Town, e.g. special permit, site plan approval or zoning approvals under the Town of Dryden Zoning Ordinance, shall be required for Telecommunications Towers or facilities covered by this Law. D. After the public hearing and after formally considering the Application, the Board may approve and issue, or deny a Special Use Permit, It's decision shall be in writing and shall be based on substantial evidence upon a record. The burden of proof for the grant of the permit shall always be upon the Applicant. E. If the Board approves the Special Use Permit Applicant shall be notified of such approval in Board's action, and the Special Use Permit shall approval, Page 21 of 32 for a Telecommunications Tower, then the writing within ten (10) calendar days of the be issued within thirty (30) days after such TB 3 -9 -06 F. If the Board denies the Special Use Permit for a Telecommunications Tower, then the Applicant shall be notified of such denial in writing within ten (10) calendar days of the Board's action. G. The Town's decision on an Application for a Special Use Permit for a Telecommunications Tower shall be supported by substantial evidence contained in the written record. Section 18. Re- certification and Amendment of a Special Use Permit for a Telecommunications Tower. A. At any time between twelve I anniversary date after the effect original Special Use Permit for for such Tower shall submit a certification, the holder of such ;12) months and six (6) months prior to the first five (5) year :ive date of the permit and all subsequent fifth anniversaries of the a Telecommunications Tower, the holder of a Special Use Permit written request for recertification. In the written request for re- Special Use Permit shall provide the following: 1) The name of the holder of the Special Use Permit for the Telecommunications Tower. 2) If applicable, the number or title of the Special Use Permit: 3) The date of the original granting of the Special Use Permit; 4) Whether the Telecommunications Tower has been moved, re- located, rebuilt, repaired, or otherwise modified since the issuance of (he Special Use Permit; S) If the Telecommunications Tower has been moved, re- located, rebuilt, repaired, or otherwise modified, then whether the Board approved such action, and under what terms and conditions, and whether those terms and conditions were complied with and abided by; 6) Any requests for waivers or relief of any kind whatsoever from the requirements of this Law and any requirements fora Special Use Permit; 7) That the Telecommunications Tower is in compliance with the Special Use Permit and compliance with all applicable codes, laws, rules and regulations; 8) A copy of the documentation of NIER levels for the site, and 9) A copy of the inspection and maintenance records for the Tower. B. If, after such review, the Board determines that the Telecommunications Tower is in compliance with the Special Use Permit and all applicable codes, laws and rules, then the Board shall issue a recertification Special Use Permit. for the Telecommunications "Power, which may include new provisions or conditions that are mutually agreed upon, or required by codes, law or regulation. C. If the Board does not complete its review, as required by Subsection (B) above, prior to the anniversary date of the Special Use Permit, then the Applicant shall receive an extension of the Special Use Permit for six (6) months, in order for the Board to complete its review. D. If the holder of a Special Use Pennit for a Telecommunications Tower does not submit a request for recertification of such Special Use Permit within the times required by Subsection A above, then such Special Use Permit and any authorization thereof shall cease to exist on the date of the fifth anniversary of the original granting of the Special Use Permit, or subsequent fifth anniversaries, unless the holder of the Special Use Permit adequately demonstrates to the Board that extenuating circumstances prevented a timely recertification request. If the Board finds extenuatincy circumstances, then the holder of the Special Use Permit may submit a late re- certification request. Page 22 of 32 Tm 3 -9 -06 E. The holder of a Special Use Permit may submit a written request for amendment of the Special • Use Permit for the purpose of modifying its existing Antenna installation on a Telecommunications Tower, as may be necessary to improve coverage, capacity, deployment of new technology, or other upgraded service. This includes, but is not limited to: 1) Replacement. of one or more of the existing Antennas and/or accessory equipment with a different model, type, or operating frequency; 2) Change in the quantity of Antennas andlor accessory equipment; 3) Change in power level, orientation, or radiation pattern. P. In the written request for amendment, the holder of a Special Use Permit shall provide all of the information listed in subsection A above, as well as specific information and supporting documentation for the proposed modification. G. Requests for amendment of a Special Use Pen-nit may be submitted no more than once annually for that permit. H. The Board will undertake a review of a request for amendment, and shall endeavor to act on such request within ninety (90) days of receiving sufficient information to perform such review. Section 19. Extent and Parameters of Special Use Permit for a Telecommunications Tower. The extent and parameters of a Special Use Permit for a Telecommunications Tower shall be as follows: 1) Special Use Permits shall be non - exclusive; 2) Special Use Permits shall not be assignable or transferable without the express written consent of the Board. and such consent shall not. be unreasonably withheld; 3) Special Use Permits may be revoked, canceled, or terminated for a violation of the conditions and provisions of the Special Use Permit for a °Telecomm tin ications Tower, or for a material violation of this 1_.aw. 4) Special Use Permits may be revoked, canceled, or terminated in the event the required NIER certifications are not submitted annually. 5) If the holder of a Special Use Permit fails to construct the proposed Telecommunications Tower or the proposed co- location Antennas on an existing Tower within twelve (12) months after the effective date of the Special Use Permit, then such permit and any authorization thereof shall expire on the first anniversary of the effective date, unless an extension is granted by the Board. 6) Any request shall be submitted not less than ninety (90) days in advance of the above expiration date, along with justification for the request. Section 20. Application Fee. A. At the time that a person submits an Application for a Special Use Permit for a new • Telecommunications Tower, such person shall pay an application fee of $5,000 to the Town of Page 23 of 32 TB 3 -9 -06 Dryden. if the Application is for a Special Use Permit for co- locating on an existing • Telecommunications Tower, the fee shall be $1,000. B. No Application fee is required in order to re- certify a Special Use Permit for a Telecommunications Tower, unless there has been a modification of the Telecommunications Tower since the date modification, the fees of the issuance of the existing provided in subsection A shall Special Use Permit. In the case of any such apply. Section 21. Performance Security The Applicant and the owner of record of any proposed Telecommunications Tower property site shall be jointly required to execute and file with the Town a bond, or other form of security acceptable to the Town as to type of security and the form and manner of execution, in an amount and with such sureties as are deemed sufficient by the Board to assure the faithful performance of the terms and conditions of any Special Use Permit issued pursuant to this Law. The full amount of the bond or security shall remain in full force and effect throughout the term of the Special Use Permit and /or until the removal of the Telecommunications Tower and any necessary site restoration is completed. The failure to pay any annual premium for the renewal of any such security shall be a violation of the provisions of the Special Use Permit and shall entitle the Board to revolve the Special Use Permit after prior written notice to the Applicant and holder of the permit. Section 22. Reservation of Authority to .Inspect Telecommunications Towers A. In order to verify that the holder of a Special Use Permit for a Telecommunications Tower and any, and all lessees, renters, and /or licensees of a Telecommunications Tower place and construct such facilities, including 'rowers and Antennas, in accordance with all applicable technical, safety, fire, building, and zoning codes, laws, ordinances and regulations and other applicable requirements, the 'town may inspect all facets of said permit holder's, renter's, lessee's or licensee's placement, construction, modification and maintenance of such facilities, including, but not limited to, Towers, Antennas and buildings or other structures constructed or located on the permitted site. B. The Town shall pay for costs associated with such an inspection, except for those circumstances occasioned by said holder's, lessee's or licensee's refusal to provide necessary information, or necessary access to such facilities, including Towers, Antennas, and appurtenant or associated facilities, or refusal to otherwise cooperate with the Town with respect to an inspection, or if violations of this Law are found to exist, in which case the holder, lessee or licensee shall reimburse the Town for the costs of such inspection. C. Payment of such costs shall be made to the Town within thirty (30) days from the date of the invoice or other demand for reimbursement, In the event that the findings) of violation(s) Ware appealed in accordance with the procedures set forth in this Law, said reimbursement payment must still be paid to the Town and the reimbursement shall be held in an account established by the Town specifically for this purpose, pending the final decision on appeal. Section 23. Responsibilities of Special Use Permit Holders. A. The holder of the Special Use Permit for a telecommunications Tower shall construct, maintain, repair, modify, or restore the permitted "Power in strict compliance with all current technical, safety and safety- related codes adopted by the Town, County, State, or United States, including; but not limited to the most recent editions of the National Safety Code and the National Electronic Code, the rules and regulations of the FAA and the FCC, as well as accepted industry Page 24 of 32 T13 3 -9 -06 practices and recommended practices of the National Association of Tower Erectors. The codes referred to include, but are not limited to construction, building, electrical, fire, safety, health, and land use. B. The holder of the Special Use Pert-nit granted under this Law shall obtain, at its own expense, all permits and licenses required by any other applicable law, rule, regulation, or code, and must maintain the same, in full torce and effect, for as long as required by the Town or other governmental entity or agency having jurisdiction over the Applicant. C. The holder of the Special Use Permit shall periodically inspect and at all times maintain the permitted Tower in compliance with this Law and all conditions of the Special Sue Permit, including but not limited to items of structural integrity, corrosion protection, visual appearance, lighting, RF emissions, security, and grounding. D. The holder of the Special Sue Permit shall annually provide documentation to the Town that VIER levels at the site are within the threshold levels adopted by the FCC. Section 24. Liability Insurance. A. A holder of a Special Use Permit for a 'Telecommunications Tower shall secure and at all tunes maintain insurance coverage for the duration of the Special Use Permit in amounts as set forth below: t) Commercial General Liability: 2) Automobile Coverage: 3) Workers Compensation and disability: $1,000,000 per occurrence/$2,000,000 aggregate; $1,000,000 per occurrence /$2,000,000 aggregate; statutory amounts. 13. When the Town is the owner, lessor or otherwise has a legal insurable interest in the site of the Tower, the Commercial General Liability insurance policy shall specifically include the Town and its officers and employees as additional insureds. C. The insurance policies shall be issued by an agent or representative of an insurance company licensed to do business in the State. D. The insurance policies shall contain an endorsement obligating the insurance company to furnish the Town with at least thirty (30) days written notice in advance of the cancellation of the insurance. E. Renewal or replacement policies or certificates shall be delivered to the Town at least fifteen (15) days before the expiration of the insurance which such policies are to renew or replace. Before construction or other work on a site or on a "I "elecommunications Tower is initiated, but in no case later than fifteen (15) days after the issuance of the Special Use Permit, the holder of the Special Use Permit shall deliver to the Town certificates of insurance representing the required coverage and amounts. Section 25. Indemnification. Page 25 of 32 T133 -9 -06 When the Town is the owner, lessor or otherwise has a legal insurable interest in the site of the • Tower, the Special Use Permit issued pursuant to this Law shall contain a provision with respect to indemnification. Such provision shall require the holder of the Special Use Permit, to the extent permitted by the law, to at all times defend, indemnify, protect, save, hold harmless, and exempt the Town, its officers, and employees, from any and all penalties, damage, or charges and including, but not limited to, reasonable attorney's fees and fees of consultants and expert witnesses arising out of any claims, suits, demands, causes of action, or award of damages, whether compensatory or punitive, or expenses arising therefrom, either at law or in equity, which might arise out of, or are, caused by, the construction, erection, modification, location, products performance, operation, maintenance, repair, installation, replacement, removal, or restoration of a Telecommunications Tower within the Town. Section 26. Penalties. A. A violation of this Law or any provisions, term or condition of a Special Use Permit issued pursuant to this Law is an offense and upon conviction thereof the holder of the Special Use Permit shall pay to the Town a penalty as set forth in this Section. B. Each day that a violation exists beyond one (1) week following written notification by the Town of such violation shall constitute a separate violation, subject. to a separate penalty without the requirement of further notification of violation. C. For situations where there is a.n imminent threat employees of any user or occupant of the Tel requirement for written notification by the Town to situations verbal notification, delivered personally notice, D. Amounts of Penalty: to the health or safety of the public, or the xommunications Tower, there shall be no the holder of the Special Use Permit. In such or by telephone, shall be deemed sufficient 1) For violation of any safety- related requirement, $1,000 per day per occurrence; 2) For failure to maintain the permitted site in a safe condition and as required, $1000 per day per occurrence; 3) For construction or beginning construction, including site preparation without a Special Use Permit or undertaking any change or modification in or to a `telecommunications Tower without a Special Use Permit; $1,000 per day per occurrence; 4) For failure to pay to the Town any moneys owed for any reason, $200 per day per occurrence; 5) For tailure to comply with any applicable Town, County, State or United States laws, ordinances, rules, regulations or requirements, $1,000 per day per occurrence. E. In addition to any penalty provided for herein the Town may also seek injunctive relief in a court of competent jurisdiction to prevent the continued violation of this Law. Section 27. Default and /or Revocation, • A. If a Telecommunications Tower or Telecommunications structure is repaired, rebuilt, placed, moved, re- located, modified or maintained in a manner not in compliance with the provisions of Page 26 of 32 TB 3 -9 -06 this Law or the Special Use Permit, then the Board shall notify the holder of the Special Use Permit in writing of such violation. Such notice shall specify the nature of the violation or non- compliance and that the violations must be corrected within seven (7) days of the date of the postmark of the Notice, or the date of personal service of the Notice, whichever is earlier. Notwithstanding anything to the contrary in this Subsection or any other Section of this Law, if the violation causes, creates or presents an imminent danger or threat to the health or safety of lives or property, the Board may, in its sole discretion, order the violation remedied within twenty -four (24) hours. B. If within the period set forth in (A) above the Telecommunications Tower or Telecommunications structure is not brought into compliance with the provisions of this Law, or the Special Use Permit, or substantial steps are not taken in order to bring the Telecommunications Tower or Telecommunications structure into compliance, then the Board may after a public hearing upon notice to the holder of the Special Use Permit, revoke such Special Use Permit and shall notify the holder of the Special Use Permit within forty -eight (48) hours of such action. Section 28. Removal of a Telecommunications Tower. A. Under the following circumstances, the Board may determine that the health, safety, and welfare interests of the Town warrant and require the removal of a Telecommunications Tower: 1) a Telecommunications Tower with a permit has been abandoned (i.e. not used as a Telecommunications Tower) for a period exceeding ninety consecutive (90) days or for a total of one hundred - eighty (180) days in any three hundred - sixty five (365) day period, except for periods caused by force majeur or Acts of God; 2) a permitted Telecommunications Tower falls into such a state of disrepair that it creates a health or safety hazard; 3) a Telecommunications Tower has been located, constructed, or modified without first obtaining the required Special Use Permit, or any other necessary authorization; B. If the Board makes a determination as noted in subsection A writing within forty -eight (48) hours of such determination, that said Telecommunications Tower is to be removed. In was issued for the Tower, such notification shall be provides Board may approve a Temporary Use Agreement/Permit, to its removal. above, then the Board shall notify, in the holder of the Special Use Permit the event that no Special Use Permit to the property owner of record. The enable the sale of the Tower prior to L. The holder of the Special use Permit, or its successors or assigns, shall dismantle and remove such Telecommunications Tower, and all associated structures and facilities, from the site and restore the site to as close to its original condition as is possible, such restoration being limited only by physical or commercial impracticability, within ninety (90) days of receipt of written notice from the Board. However, if the owner of the property upon which the Telecommunications 'Power is located wishes to retain any access roadway to the Tower site, the owner may do so with the approval of the Board. D. If a Telecommunications Tower is not removed or substantial progress has not been made to remove the Telecommunications Tower within ninety (90) days after the permit holder has • Page 27 of 32 TB 3 -9 -0b received notice, then the Board may order officials, representatives or contractors of the Town to remove the Telecommunications Tower at the sole expense of the landowner and permit holder. Fe.. If the Town removes, or causes to be removed, a Telecommunications Tower_, and the owner of the Telecommunications lawful location within Tower ten (10) does not claim days, then the property and remove it from the Town may take steps to the site declare to a the Telecommunications Tower abandoned, and sell it and its components. Fl. Notwithstanding anything in this Section to the contrary, the Board may approve a Temporauy Use AgreementfPermit for the Telecommunications Tower, for no more ninety (90) days, during which time a suitable plan for removal, conversion, or re- location of the Telecommunications Tower shall be developed by the holder of the permit, subject to the approval of the Board, and an agreement to such plan shall be executed by the holder of the permit and the Town. If such a plan is not developed, approved and executed within the ninety (90) day time period, then the Town may lake possession of and dispose of the Telecommunications Tower in the manner provided in this Section. Section 29. Relief Any Applicant desiring relief or exemption from any aspect or requirement of this Law may request such from the Board at a pre - Application conference, provided that the specific request for the relief or exemption is contained in the original Application for a Special Use Permit, or in the case of an existing or previously granted Special Use Permit in a request for modification of a Telecommunications Tower and /or facilities. Such relief may be temporary or permanent, partial or complete, at the sole discretion of the Board. However, the burden of proving the need for the requested relief or exemption is solely on the Applicant to prove to the satisfaction of the Board. "I'he Applicant shall bear all costs of the Board or the Town in considering the request and the relief shall not be transferable to a new or different holder of the permit or owner of the Tower or facilities without the specific written permission of the Board, and such permission shall not be unreasonably withheld. No such relief or exemption shall be approved unless the Applicant demonstrates by clear and convincing evidence that, if granted, the relief or exemption will have no significant affect on the health, safety and welfare of the Town, its residents and other service providers. Section 30. Conflict with Other Laws Where this Law differs or confl icts with other laws, rules and regulations, unless the right to do so is preempted or prohibited restrictive or protective of by county, state the Town and or United States the public shall apply. laws, rules or regulations, the more Section 31. Effective Date. This Law shall be effective immediately upon filing the same with the New York Secretary of State and shall apply to all applications pending or filed after the effective date. Section 32. Authority, This Local Law is enacted pursuant to the Municipal Home Rule Law. This Local Law shall supersede the provisions of Town law to the extent it is inconsistent with the same, and to the extent permitted by the New York State Constitution, the Municipal Home Rule Law, or any other applicable statute. Page 28 of 32 2nd Cl Stelick Roll Call Vote Cl Christofferson Yes Cl 'Tier Yes Supv Trumbull Yes Cl Stelick Yes Cl Sumner Yes TB 3 -9 -06 RESOLUTION #67 - INTRODUCE PROPOSED LOCAL LAW REPEALING LOCAL LAW NO. 2 OF 1998 AND LOCAL LAW NO. 4 OF THE YEAR 2004 Cl Stelick offered the following resolution and asked for its adoption: RESOLVED, that this Town Board does hereby bitroduce the following local law and sets the public hearing for the same for April 13, 2006 at 7:20 p.m. at the Dryden Town Hall, 65 East Main Street, Dryden, New York: A local law repealing Local Law No. 2 of the year 1998, and Local Law No. 4 of the year 2004. Local Law No. 2 of the year 1998 (a local law regulating the siting of telecommunications towers, antennae and related facilities) as amended by Local Law No. 4 of the year 2004 (a local law amending local law No. 2 of the year 1998, known as the Telecommunications Tower Siting Law for the Town of Dryden) is hereby repealed. 2. Local Law No. 4 of the year 2004 (a local law amending local law No. 2 of the year 1998, known as the Telecommunications Tower Siting Law for the Town of Dryden) is hereby repealed. 2nd Cl Christofferson Roll Call Vote Cl Christofferson Yes Cl `Pier Yes Supv Trumbull Yes Cl Stelick Yes Cl Sumner Yes Atty Perkins has sent the board a memo on the meeting that was held regarding the Cortland Road Sewer District and said there is another scheduled for Tuesday morning at the Village Hall. He has spoken with Tim Steed who says he has had good discussions with PLS Engineering and they are narrowing down the issues. They have cut some costs, cut down the number of manhole monitoring stations and seem to be moving in the right direction. Tim Steed has suggested that only part of the interceptor sewer be built now because of the unused capacity at Lewis Street and PLS says that is a valid point. This would cut down significantly on the cost. ZONING OFFICER ZO Slater asked Jeff Kirby, Telecommunications Consultant, if he anticipated having a report on Verizon Wireless' application in the near future, and he said he expected to have it in another week or so and at this point has not found anything objectionable. ZO Slater explained this is an application to co- locate on the Crown Castile telecommunications tower by NYSEG and they would like to be on the April 13 agenda. Page 29 of 32 '1413 3 -9 -06 It is anticipated that Cayuga Radio Group will have a site plan amendment on the April 13 agenda. They are expanding their facility on Hanshaw Road. There is an unsafe structure situation that needs to taken care of, and Cl Stelick asked ZO Slater to do a follow -up report on that. ENVIRONMENTAL PLANNER Dan Kwasnowski said that Round 8 of the Water Quality Improvement Grant from DEC is coming up. Debbie Gross had applied and we were awarded money, for our stormwater program. In Round 8 the DEC has encouraged us to apply for whatever we didn't apply for in Round 7 plus what is available in Round 8. It is due before the end of the month and is a share grant, with the Town's share being the Environmental Planner's time. The Town is due to get about $1.3,000. He asked the board for a resolution authorizing the Supervisor to sign the application. RESOLUTION 068 = AUTHORIZE GRANT APPLICATION FOR ROUND 8 OF WATER QUALITY IMPROVEMENT GRANT Supv Trumbull offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby authorizes the preparation by the Environmental Planner of a grant application under Round 8 of the DEC Water Quality Improvement Grant and the Town Supervisor is hereby authorized to execute the same. 2nd Cl Stelick Roll Call Vote Cl Christofferson Yes Cl Tier Yes Supv Trumbull Yes Cl Stelick Yes Cl Sumner Yes D Kwasnowski said the timing of the Farmland Protection Implementation Grant cycle has been changed. We applied in December for the Sherman and Stuttle farms, and it is now due in the Spring. The Carpenter and Marquis farms would like to apply in the next round, though he does not have details yet. A basic outline of the process for developing a Conceptual Use Map and Plan for the land the town purchased from Empire Livestock was distributed to board members. D Kwasnowski would like to take a little more time and gel: more public input than proposed by Egner. He proposes to start in March %with a draft plan by April or May, and adoption by the Board in September. D Kwasnowski said that in the first phase he would like to first establish an advisory board with significant stakeholders that are interested in guiding the process and gathering public information. From the advisory group and the initial public workshops a conceptual use map and plan will be developed indicating what people are expecting from the property and where things could be laid out, with alternatives. After that is reviewed by the Town Board, Conservation Board and Planning Board, those comments will be incorporated and a final draft available in June. To expose it to more people he would like to then display the plan in a prominent public place to gather more public comment. By September it will have been exposed to a greater number of people and be ready for final adoption. He said this process has worked well in the past for him. Page 30 of 32 n:3 3 -9 -06 TOWN CLERK Town Clerk B Hollenbeck asked the board to approve the January 30 and February 9, 2006 minutes. RESOLUTION #69 - APPROVE MINUTES Supv Trumbull offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the minutes of January 30, 2006, and February 9, 2006, 2nd Cl Stelick Roll Call Vote DISCUSSION Cl Christofferson Yes Cl Tier Yes Supv Trumbull Yes Cl Stelick Yes Cl Sumner Yes The board briefly discussed the budgets and contracts for the fire departments and stated with the exception of Etna payments had been made under the contracts. Andy Down and Ron Flynn talked about the recruiting efforts being made by Etna and stated they currently have rive people enrolled in fire fighting graining and three people enrolled in the NYS EMT class. A Down said the department is in a better place than it was a year ago. R Flynn said he is impressed with the progress they have made. The mutual aid agreement that is presently in place has been working well for the most part and the mobile response vehicle is beneficial. A Down said they are a tight knit group and work together well. He noted that recruitment of new volunteers is a problem nationwide as well as locally. Cl Stelick asked if tax breaks for volunteers would be a good tool for retention of volunteers. A Down said it would benefit volunteer property owners, but of course would not be a benefit for the volunteer college student who is in town for a few years. He noted that he personally has spent approximately $1,700 in fuel expenses for fire calls, meetings, trainings, etc in the past year. Every volunteer has personal fuel expenses. Cl Christofferson said the fire tax rate is pretty close to the town tax rate and we need to be very careful how that money is spent. He would like to see a budget for this year from Etna and try and support them the best we can, but we need to watch the funds carefully. He does want to see them be a viable fire department. Cl Stelick said R Flynn and A Down had worked with Etna this year in preparing their budget, that it was different than last year and a fair representation of their situation. Supv Trumbull said that: he had attended a session at the Association of Towns Conference and learned there are 40% fewer volunteers now, and if that continues fire protection will be extremely expensive. Cl Sumner said she would like to have input from insurance agents on the cost of homeowners insurance in different districts because she understands the department's rating affects the cost of homeowners insurance, but the fire protection tax is the same for everyone. Cl Tier said he didn't believe she'd see a significant difference in the cost of homeowners insurance because rates are based on ISO ratings, and this whole area doesn't really change because the 1 or 2 ratings are impossible to reach for a rural department. A Down said unless there is public water supply, the department automatically gets a 9. Page 31 of 32 TB 3 -9 -06 Cl Christofferson said the bottom line is safety of the people in the town and doing the best things we can do and spending the funds wisely. The board discussed the zoning officer services provided to the Village. The amount of time spent on Village services in the past month exceeds the amount the Village is paying, and they would like the Town to waive the excess until the Village's next budget year (June). The board indicated a willingness to do this. There is a need for a new copier in the meeting room. The funds are in the budget and the purchase NYMIR. They will services. be made in accordance with the procurement policy. Don Barber, Caroline Town Supervisor, would like to meet with the Town's insurance committee about getting insurance through NYMIR. They MR meet and compare services. RESOLUTION #70 - APPROVE ABSTRACT #3 Cl Stelick offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves Abstract #3, as audited, vouchers #137 through #221, totaling $348,320.54. 2nd Supv Trumbull Roll Call Vote Cl Christofferson Yes Cl Tier Yes Supv Trumbull Yes Cl Stelick Yes Cl Sumner Yes RECREATION DEPARTMENT Jennifer Dube said she has been approached about being caretaker for the fundraising monies for Youth Football and Cheerleading and the Co -ed Softball Pun League. The bank is requiring a resolution of the Town Board in order to accomplish that. She distributed a memo to the board regarding that together with fundraising guidelines. She proposes that she and the Supervisor be authorised to sign on the account. Cl Sumner said she would like to see the volunteers involved in the process of how the money is spent. The board would like to look into this further and will act on it next month after Atty Perkins has reviewed the matter. On motion duly made, seconded and unanimously carried the board moved into executive session to discuss the negotiation of the price of real estate at 9:15 p.m. No action was taken and the meeting was adjourned at 9:45 p.m. Respectfully submitted, Bambi L. Hollenbeck Town Clerk Page 32 of 32 -"own of Dryden Town Board Meeting 4p March 9, 2006 Name - {Please Print} Address ,4Y �. 3 -9 -(lG SPEAKER SIGN IN SHEET If you wish to address the Board under citizens privilege of the floor please sign in below. Speakers will be limited to a maximum of three minutes. Please provide the Clerk with a written summary of your statement. Name Address MONTHLY REPORT OF SUPERVISOR Town Board of the Town of Dryden nt to Section 125 of the Town Law, I hereby render the following detailed statement of all moneys received isbursed by me during the month of March 2006. Dated; April 7, 2006 A GENERAL FUND - TOWNWIDE CASH - CHECKING CASH - SAVINGS SPC RESERVE /BUILDING CAPITAL RESERVE/GENERAL DA HIGHWAY TOWNWIDE FUND CASH - CHECKING CASH - SAVINGS B GENERAL - OUTSIDE FUND CASH - CHECKING CASH - SAVINGS DB HIGHWAY OUTSIDE FUND CASH - CHECKING CASH - SAVINGS SF1- DRYDEN FIRE DISTRICT CASH - CHECKING CASH - SAVINGS SL1- VARNA LIGHTING DISTRICT CASH - CHECKING CASH - SAVINGS SL2- ETNA LIGHTING DISTRICT CASH - CHECKING CASH - SAVINGS 0 BALANCE BALANCE 02/28/06 INCREASES DECREASES 03131/06 148,128.76 37,027.86 129,739.05 555417,57 5,233,713.19 19,745.86 0.00 51253,459.05 535,446.22 21020.14 0.00 5370466.36 21173,406.02 81199.87 0.00 2,181,605.89 23,755.57 2111606.01 2093324.64 26,036.94 1,754,055.81 179,676.91 0.00 11933,732.72 43,484.45 15,859.30 40,904.40 18,439.35 463,399.62 11748.32 0.00 465,147.94 10,989.29 0.07 10,824.00 165.36 782.95 771,516.52 135,025.28 0.00 0.00 906,541.80 4256386.96 46,351.21 0.31 45,568.57 104,25 782.95 423,788.08 11598.88 0.00 0.00 4256386.96 180.21 0.04 76.00 104,25 6,306,98 23.80 0.00 61330.78 147,76 0.03 64.00 83.79 51019.15 18.94 0.00 5,038.09 BALANCE BALANCE 02/28/06 INCREASES DECREASES 03/31106 MEADOWILEISURE LIGHTING DISTRICT CASH - CHECKING CASH - SAVINGS SM AMBULANCE DISTRICT CASH - CHECKING CASH - SAVINGS SS1- SAPSUCKER SEWER CASH - CHECKING CASH - SAVINGS SS2- VARNA SEWER CASH - CHECKING CASH - SAVINGS SS3- CORTLAND RD SEWER fS CASH - CHECKING CASH - SAVINGS SS4- MONKEY RUN SEWER CASH - CHECKING CASH - SAVINGS SS5- TURKEY HILL SEWER CASH - CHECKING CASH - SAVINGS SS6- PEREGRINE HOLLOW SEWER CASH - CHECKING CASH - SAVINGS 178.50 0.01 155.00 23.51 31484,84 13.15 0.00 3,497.99 793.15 0.31. 17.46 776.00 323,684.77 1,221.20 0.00 324,905.97 61781.89 2.70 0.00 69784.59 37,249.77 140.54 0.00 371390.31 0.00 1720243.83 3:244.92 0.91 945.84 21299.99 161,415.80 608.99 0.00 162,024.79 1,154.44 0,89 0.07 966.83 187.68 171,596.43 0.00 647.40 0.00 1720243.83 21257.03 0,89 26.44 2,231.48 130,102.13 490.85 0.00 130,592.98 10,714,21 4.22 101.20 10,617.23 113,726.81 429.07 0.00 1141155,88 11224.62 0.49 0.00 1,225.11 82,602.49 311.64 0.00 82,914.13 SW1- SW2- SW3- SW4- • SWS- SW6- CD M I M BALANCE BALANCE 02/28106 INCREASES DECREASES 03/31/06 ROYAL ROAD SEWER CASH - CHECKING 3,848.33 30,500.03 341275.15 73.21 CASH - SAVINGS 34,668.90 15.73 30,500.00 41184.63 VARNA WATER CASH - CHECKING 11155.96 0.23 585.68 570.51 CASH - SAVINGS 249,060.78 939.66 0.00 250,000.44 SNYDER HILL WATER CASH - CHECKING 21248.74 0.87 69.57 21180.04 CASH - SAVINGS 44,602.77 168.28 0.00 44,771.05 MONKEY RUN WATER CASH - CHECKING 3,884.56 566.64 19.50 324.56 4,126.64 SAVINGS CASH - SAVINGS 125,240.88 472.51 0.00 0.00 125,713.39 HALL ROAD WATER CASH - CHECKING 269,80 0.10 19.50 250.40 CASH - SAVINGS 25,606.19 96.61 0.00 25,702.80 TURKEY HILL WATER CASH - CHECKING 42472.87 1.77 100715.85 19.50 4,455.14 CASH - SAVINGS 125,359.22 472.96 391084.06 0.00 125,832.18 ROYAL ROAD WATER CASH - CHECKING 3,279.63 7,500.03 100715.85 63.81 CASH - SAVINGS 46,437.16 146.90 7,500.00 391084.06 REHABILITATION LOANS AND GRANTS CASH - CHECKING 103,745.47 21767.29 0.00 106,512.76 AGENCYFUND CASH - CHECKING 4,251.56 141,915.77 139,409.04 6,758.29