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HomeMy WebLinkAbout2006-04-13Ti3 4 -13 -06 TOWN OF DRPDEN ' TOWN BOARD MEETING April 13, 2006 Present: Supv Steven Trumbull, Cl Martin Christofferson, Cl Daniel Tier 1111 Cl Stephen Stelick, Jr., Cl Mary Ann Sumner Elected Officials: Sambi 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 Jennifer Dube, Recreation Coordinator Supv Trumbull opened the meeting at 7:02 p.m. and led the board and audience in the pledge of allegiance. He said that Etna Fire Department was supposed to be present and had received the questions the board had, but had not yet gotten back to the Supervisor. PUBLIC HEARING PROPOSED LOCAL LAW 01 - 2006 ESTABLISHING POLICY OF NOTIFICATION UPON THE UNAUTHORIZED RELEASE OF PRIVATE INFORMATION Supv Trumbull opened the public hearing at 7:05 p.m. and Town Clerk read the Notice published in The Ithaca Journal on March 31, 2006. Atty Perkins explained that effective December 7, 2005, the legislature amended the State Technology Law which requires all levels of government to have in place a policy of what they will do and how they will notify people when there has been a breach of information the local government has and that information has been made available to outside forces. The local law defines private information, talks .� about what a breach of the system is, and how the town will notify those people who might be t affected. An example of the information the Town might have would be the name of a person � and their social security number. if that is kept in digital form and the Town's system were breached, the Town Clerk would to make notification to the appropriate individuals. Supv Trumbull asked if there were any comments from the board or audience. There was not and the hearing was left open. PUBLIC HEARING PROPOSED LOCAL LAW #2 - 2006 REGULATING TELECOMMUNICATIONS TOWERS, ANTENNAE AND RELATED FACILITIES Supv Trumbull opened the public hearing at 7:08 p.m. and Town Clerk read the Notice published in The Ithaca Journal on March 31, 2006. Atty Perkins said this local law re- states in part Local Law 2 of 1998 and Local Law 4 of 2004. It revises some of the definitions that have been troublesome over the years and updates them and provides for the expiration of permit if construction has been commenced. It reorganizes it in the sense that it numbers and letters it consistently. This has been done largely in response to the study that the committee (ZO Slater, Cl Christofferson, and Jeff Kirby) undertook and it addresses a lot of the situations that have arisen over the years, which have sometimes caused concern or question. it is Page I of 46 TB 4 -13 -06 basically and substantively the same, however it has been updated and restated. Jeff Kirby said he was pleased with the outcome of the process. There were no other comments and the hearing was left open. PUBLIC HEARING PROPOSED LOCAL LAW #3 REPEALING LOCAL LAW #2 -1998 AND LOCAL LAW #4 -2004 (CURRENT TELECOMMUNICATIONS LAW) Supv Trumbull opened the public hearing at 7:13 p.m. and Town Clerk read the notice published in The Ithaca Journol on March 31, 2006. There were no comments and the hearing was left open. Supv 'Trumbull closed the public hearing on Local Law #I at 7:16 p.m. RESOLUTION #71 - ADOPT LOCAL LAW #1 -2006 - E8TABLISHING 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 hereby adopts Local Law No. 1 of 2006 as follows and the Town Clerk is directed to file the same with the Secretary of State of the State of New York: A local law establishing the Town of Dryden policy on notification upon the unauthorized release of private information. PREFACE: This local law is adopted to comply with the requirements of State Technology l..aw Section 208 which became effective 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 btvn 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 valid autho integrity or information security of the system" shall mean 67,ttion of computerized data which personal information maintained by by an employee or agent of town for Page 2 of 46 unauthorized acquisition or acquisition without compromises the security, confidentiality, or the town. Good faith acquisition of personal the purposes of the town is not a breach of the TB 4 -13 -06 security of t1le system, provided that the private information is ri ot 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 [own may consider the foI [ow ing Factors, among others: l} indications that the infonnation is in the physical possession and ccmtn)l of an unauthorized person, such as a lost or stolen computer or other device containing infornratinn; or (2) indications that tht in formal it) n has been downloaded or copied; or (3} indications that the information was sued by an unauthorized person. such as fraudulent accounts opened or instances of ideridly thofl reporlcd. (c) "Town" shaII rtican the Town o Dryden, Tornpkins Cuunty, NLw York, and any board, ljlareau, division. committee, commission, wuncil, department, office or other entity perfornikng a guvernrrrental or proprietary firnct.ion of the town, except judickaiy of tl�e towel. (d) "COngumer reporting agency." shall mean any person which, for monotary fces, dues, Or on a umperative nonprofit basis, regularly engages in whole or in part in tlic practice ofas.ernblin OF evaluating corisinner credit infonnation or other information can consumers For the purpose of furnishing consumer reports to third parties, acrd which iiq s any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. A lkst of such consumer reporting agencies is ct rrrpIIc d by the saute attorn ey general, ?, When the town owns or licenses computerized data that includes private information, it shah disclose any breach of the security of the system follouring d iscovery' or not of the breach in the security of the system to any resident caf Now York State whose privato inrormai ion was, or is reasonably believed to have been, aicquired by a person without valid authorizatian_ The disclosure shat) be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement. aS provided in subdivision Lour of this local law, or any measures necessary to determine thu scope of the breach and regtor� the reasonable uitegrity of the data systen], 3. When the town maintains computerized data that includes privatt: inFormation wlykch the town does not OWn, the town shall notify the owner or licensee of the inrormalion 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_ 4_ The notification required by ibis section way he delayed if a law enforcument ai;ency determines that such notification impales a criminal investkgalion- The notification required bar this section shall he made after such lavr enforccmr nt agency deternI Ile& that s11cly notii ication does not compromise such ins estigation 5. The notice required by this section shall be directly provided to the affected persons by one ()f the Following methods; (a) written noliGe; (b) elacn'onic notice, provkded that the person to whom notice is required expressly consented to receiving said notice in elcutrcmic form and a log of each such notification is kept by the town when kt notifies aNcted persons, in such form; provided further, however, that in no case shall any person or btrSiness require Lt person to consent to accepting said notice ul said Form as a condition of establishing any business relationship or engaging in any transaction; Page 3 of 46 r 4 -13 -06 (c) telephone notification, provided [hat a log of each such nol.ific-ution is kept by [he urwn when it itod tes affected persons; or (d) substitute no icu, which notice shall consist of all t f Lhc Following= ( I ) ewmail notico when the town has an e-mai I address for the subjoct persons; (2) conspicuous posting of the notice on such town's web site page, if the town m rintains onem. and (3) nod ricat ion it) major sLaLuwidu media_ 6_ RegardIQ5s ol'the method by which notice is provided, such notice shall include. conlac[ in1Ormation 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 ro have been, acquired by a person without valid authorimnon, InelAirig specification of which of the elements of porsonaI information and private information were, or are reasonably believed to Itave beers, so atquircd. 7. (a) In the event that any Nc%v York residents are to be notified, the town shall notify the state attorney general, the consumer prutcction board, and the state officer of eyher socurity and critical infrastructure coordinaLion as to the timing, content and distribution of tho notices and approximate number of affected persons_ Such notiumi shall be made without delaying notice to ai#ec:ted New York residents. (h) In the event that more than five thousund New York residents are to be notified at one time, the tow,y shall also notify consumer repoa #ing agencies as to the timing, content and distribution of the notices and approximate number of affected persons. Such notice shall be made without doIaving notice to affected New York residents, This local law shalt take effect Lipon III 1ing wi[h the Secretary of State_ 1A Cl Stelick Roll Call Vote CITIZENS PRIVILEGE: Cl Christofferson Yes Cl Tier Yes Supv Trumbull Yr;s Cl Stelick Yes Cl Sumner Yes David Jacobs said he is present. because he has a soar electric systein that he purchased and Was ready to install_ He would litre the alternative energy ordinar)ce to be expedited so he can have the contractors install the systrm. The boars{ explained they are trying to come up with an alternative energy ordinance and want to make slue the public has an opportunity to comment on it_ Mr Jacobus said he would like to be grandfathered in and that he trying is to comply with the NYSERDA rules. O Slater said no one ever notified the zoning office that they were putting solar Niels up until NYSERDA furiding became available, arid there is a requirement by WS'ERDA to get approval from the local jurisdiction. Rebates cannot be obtained w7thout that approval. Dan Kwasnowski said that the basic administrative issue: the Town has is that a building permit iL5 required and you can't get a building permit unless you have a zoning Page 4 of 46 TB 4 -13 -06 permit. They can't figure out how to issue a zoning permit because it is not permitted in the uses described for the zone. Atty Perkins said that solar panels have relatively little visual impact on the neighborhood and the surrounding viewscape, while wind towers probably have a significant impact, and it is permissible to distinguish between the twro in any legislation. Cl Christofferson said we should look at all the options, and Atty Perkins said it would be quicker and easier to address the solar panel issue in a relatively short time frame as opposed to the wind tower issue. Mr Jacobs asked whether it were possible to exempt people who purchased their equipment "under the old laws or lack thereof' and ZO Slater replied that: people ignored the old laws. D Kwasnowski pointed out that we regulate commercial telecommunication towers, but not residential antennae. He suggested we collect: all the public comment then discuss it. Keith Epstein said that he has read the renewable energy convertible systems ordinance and thinks it is a great addition to allow people to use these systems to generate their own electricity on their own property. Industrial systems are not allowed, and he supports the ordinance. Supv Trumbull closed the public hearing on the new telecommunications tower law at 7:27 p.m. RESOLUTION #72 as ADOPT LOCAL LAW #2 -2006 - REGULATING SITING OF TELECOMMUNICATIONS TOWERS, ANTENNAE AND RELATED FACILITIES Cl Christofferson offered the following resolution and asked for its adoption: ® RESOLVED, that this Towr► Board hereby adopts Local Law No. 2 of 2006 as follows and the Town Clerk is directed to file the same with the Secretary of State of the State of New York: CONTENTS PACir Section 1. PURPOSE AND LEGISLATIVE iNTENT.... ............... ............................... 6 Section2. Title .................................................................................... ............................... 6 Section3. Severability , ........................................................................ ............................... 7 Section4. Definitions.......... ............................................................... ............................... 7 Section 5. Overall Policy and Desired Goals for Special Use Permits for Telecommunications Towers.,..,..". ............ I I I I I I I I . . . 19 Section 6. Special Use Permit Application and Other Requirements ..................1111. 10 Section 7. Location of Telecommunications Towers,,,,,,,,,, ... .,*Noma, ........................ logo&* 10 Section 8. Shared use of Telecommunications Tower(s). ............................................ 14 Section 9. Height of a Telecommunications Towers,, ..... 11111116 ......... a 0 a 4 ...................... am 15 Section 10. Visibility of a Telecommunications Tower................ .... ".......................... 15 Section 11. Security of Telecommunications Towers .................... ............................... 15 Section12. Signs► ge ........................................................................... ............................... 16 Section 13. Lot Size and Setbacks.,,,,,,,, .... .................... ........ 16 Section 14. Retention of Expert Assistance and Reimbursement by Applicant........ 16 Section l_S. Applicability of Special Use Permit for a Telecommunications Towers 16 i Page 5 of 46 'TB 4 -13 -06 Section 16. Public Hearing Required ............................................. ............................... 17 Section 17. Action on an Application for a Special Use Permit for a Telecommunications ® Tower, to .......................... s .......... I ........... .............. 17 Section 18. Re- certification and Amendment of a Special Use Permit for a Telecommunications Tt► wer.... ........................................................ ............................... 18 Section 19. Extent and Parameters of Special Use Permit for a Telecommunications Tower. ......................................................................................................... ............................... 19 Section Section Section 20, 21. 22. Application Fee.. ........................................................... ............................... Performance Security ................................................... ............................... Reservation of Authority to Inspect Telecommunications Towers......... 20 20 20 Section Section Section 23. 24. 25. Responsibilities of Special Use Permit Holders ....11,11111111,66 ........ 18 Liability Insurance. ...................................................... ............................... 21 Indemnification, ........................................... Error' Bookmark not defined. Section 26. Penalties. ............... 4 ............. .................... ........................ 6 .... 22 Section 27. Default and /or Revocation. . .................. 011 .......... 23 Section 28. Removal of a Telecommunications T ower.. ............... ............................... 23 Section29. Relief ................................................. .............................11 1..........................1.24 Section 30. Conflict with Other Laws ............................................ ...............I............... 24 Section31. Effective Date......... ....................................................... ............................... 24 Section 32. Authority. ...................... ............................... 44411, ........................... 2.5 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"). Page 6 of 46 Tl3 4 -13 -06 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 pennit is deemed or ruled to be invalid or unenforceable in any material respect, by a competent authority, or is overturned by a competent authority, the permit shall be void in total, upon election by the Town Board, Section 4. Definitions. For purposes of this Law, and where not inconsistent with the context of a particular Section, the defined terms, phrases, words, abbreviations, and their derivations shall have the meaning given in this Section. When not inconsistent with the context, words in the present tense include the future tense, words used in the plural include words in the singular and words in the singular include the plural. The word "shall" is always mandatory, and not merely directory. A, "Accessory Facility or Structure" means an accessory facility or structure serving or being used in conjunction with a Telecommunications Tower, and located on the same property or lot as the Tower, including but not limited to utility or transmission equipment buildings or shelters, equipment cabinets, equipment. platforms, or storage sheds. B. "Applicant" means and shall include any individual, partnership, limited liability company, corporation, estate, trust, or other entity or the equivalent of any of the foregoing submitting an Application to the Town of Dryden for a Special Use Permit for a Telecommunications Tower. C. "Application" rtteans 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 Tower must be made. The Board is authorized to review, analyze, evaluate and make decisions with respect to granting or not granting, recertifying or not recertifying, or revoking special use permits for Telecommunications Towers, The Board may at its discretion delegate or designate other boards of the Town to accept, review, analyze, evaluate and make recommendations to the Board with respect to the granting or not granting, recertifying or not recertifying or revoking special use permits for Telecommunications "Towers. F. "Break point" means the location on a Telecommunications Power 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. Page 7 of 46 TBA 4 -13 -06 G. "Camouflaged Tower" means any Tower or supporting structure that, due to design, location, or appearance, partially or completely hides, obscures, conceals, or otherwise disguises the presence of the Tower and one or more Antennas or Antenna arrays affixed thereto. H. "Collapse zone" means die 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 (1f2) the height of the structure. "Co- location" means the use of the same telecommunications antennae for the provision of wireless services by two or more Impracticability" or "Commercially Impracticable" shall Special Use Permits granted hereunder as defined and applies 615, tower or structure to carry two or more persons or entities.J. "Commercial have the meaning in this Law and in under Uniform Commercial Code §2- K. "Complete Application" means an Application that contains all information and /or data necessary to enable the Board to evaluate the merits of the Application, and to make an informed decision with respect to the effect and impact of the Telecommunications Tower on the Town in the context of the permitted land use for the particular location requested. L. "County" means Tompkins County, New York. M. "Direct -to home satellite services" or "Direct Broadcast Service" or "DBS" means only programming transmitted or broadcast by satellite directly to subscribers' premises without the use of ground receiving, equipment, except at the subscribers premises or in the uplink process to the satellite. N. "EAF" means the Full Environmental Assessment Form approved by the New York Department of Environmental Conservation (Appendix A to 6 NYCR.R §617.20) and includes a visual EAF Addendum (Appendix B). For an application for co- location, a short 13AF (Appendix C to NYCRR 3617.20) including a visual hAF may be substituted for the Full Environmental Assessment Form. n. "EPA" means in the case of the State of New York, the Department of Environmental Conservation, and in the case of the United States, the Environmental Protection Agency or any successor agency. P. "FAA" means the Federal Aviation Administration, or a duly designated and authorized successor agency. Q. "FCC" means the Federal Communications Commission, or a duly designated and authorized successor agency. R. "Free standing Tower" means a Tower that is not supported by guy wires and ground anchors or other means of attached or external support. S. "Height of Antenna" means, when referring to a Tower or structure, the vertical distance from the highest adjacent finished grade to the top of the highest antenna mounted on, or proposed to be mounted on the Tower or structure. I'. "Height of Tower or Structure" means, when referring to an existing Tower or structure, the • vertical distance from the highest adjacent finished grade to the top of the Tower or structure. Page 8 of 46 TB 4 -13 -06 When referring to a proposed Tower or structure, it means the vertical distance from the pre- existing grade level to the highest point of the proposed Tower or structure. U. "NUER" means ?ion- lonizin g Electroma netic Radiation. g V. "Person" means anv individual, partnership, limited liability company, corporation, estate, trust, or other entity or the equivalent of any of the foregoing. W. "Personal Wireless Facility"- See definition for'TCleeommUnlcations Tower'. X. "Personal Wireless Services" or "PWS" or "Personal Telecommunications Service" or "PCS" shall have the same meaning as defined and used in the 1996 Telecommunications Act:. Y. "Site" See definition for Telecommunications Tower. Z. "Special Use Permit" means the official document or permit by which an Applicant is allowed to construct and use a'I'elecammunications 'l'owcr as granted, authorized or issued by the Town. AA. "State" means the State of New York. 1313. "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 "'Power" 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 "Felecommunications Tower'. EE, "Temporary" means in relation to all aspects and components of this Law, something intended to, or that does, exist for fewer than ninety (90) days. 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 Telecommunications Towers conforms to the Town's purpose and intent of this Law, the Board creates a Special Use Permit for a Telecommunications Tower. As such, the Board adopts an overall policy with respect to a Special Use Permit for a Telecommunications Tower for the express purpose of achieving the following goals: I) Implementing an Application process for person(s) seeking a Special Use Permit for a Telecommunications Tower; Page 9 of 46 TB 4 -13 -06 2) Establishing a policy for examining an application for and issuing a Special Use Permit for a Telecommunications Tower that. is both fair and consistent; 3) Establishing reasonable time frames for granting or not granting a Special Use Permit for a Telecommunications Tower, or re- certifying or not re- certifying, or amending or revoking the Special Use Permit granted under this Law. 4) Promoting and encouraging, wherever possible, the sharing and/or co- location of a Telecommunications Tower among service providers; 5) Promoting and encouraging, wherever possible, the placement of a Telecommunications Tower in such a manner as to cause minimal disruption to aesthetic considerations of the land, property, buildings, and other facilities adjacent to, surrounding, and in generally the same area as the requested location of such a Telecommunications Tower. 6) Promoting and encouraging the development and deployment of newer and better technology to provide improved Telecommunications services to the residents and businesses within the Town. Section 6. Special Use Permit Application and Other Requirements A. All Applicants for a Special Use Permit for it "Telecommunications Tower shall comply with the requirements set forth in this Law. B. (1) An Application for a Special Use Permit for a Telecommunications Tower shall be signed on behalf of the Applicant by the person preparing the same and with knowledge of the contents and representations made therein and attesting to the truth and completeness of the information. (2) The landowner, if different than the Applicant, shall also sign the Application. (3) At the discretion of the Board, any false or misleading statement in the Application may is 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 Permi(, C. Applications not meeting the requirements herein or which are otherwise incomplete, may be rejected by the Board. D. The Application shall include a statement in writing: 1) that the applicant's proposed Telecommunications Tower will be maintained in a safe manner, in compliance with all conditions of the Special Use Permit, without exception, unless specifically granted relief by the Board in writing; as well as all applicable and permissible local codes, ordinances, and regulations, including any and all applicable County, State and United States laws, rules, and regulations; 2) that the construction of the Telecommunications Tower is legally permissible, including, but not limited to the fact that the Applicant is authorized to do business in the State. E. All applications for the construction or installation of a new 'Telecommunications 'Power 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 isacceptable to the Town, unless otherwise noted. Page 10 of 46 TB 4- 13 -06 F. No Telecommunications 'Power 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: I) Name and address of person preparing the report; 2) Name and address of the property owner, operator, and Applicant, to include the legal form of the Applicant; 3) Postal address and tax map parcel number of the property; 4) Zoning District or designation in which the property is situated; 5) Size of the property stated both in square feet and lot line dimensions, and it 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; 1 1) The type and design of the Telecommunications Tower, and the number, type, and size of the Antcnna(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, appurtentrnces and apparatus, including height above pre - existing grade, materials, color and lighting; 14) The frequency, modulation and class of service of radio or other transmitting equipment; 15) Transmission and maximum effective radiated power of the Antenna(s); 16) Direction of maximum lobes and associated radiation pattern of the Antenna(s); 17) Applicant's proposed Tower maintenance and inspection procedures and related system of records; 18) Documentation that NIER levels at the proposed site are within the threshold levels adopted by the FCC; 19) A stipulation that if the proposed Antenna(s) cause interference with existing telecommunications devices, the Antennas) 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 adioining 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. Page I I of 46 TB 4 -13 -06 Il. Certification that the Telecommunications Tower and attachments are both designed and constructed ( "As Built ") to meet all County, State and Unitcd States structural requirements for loads, including wind and ice loads; 1. 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 construdion and prior to receiving a Certificate of Compliance, certification that the Telecommunications Tower and related facilities have been installed with appropriate surge protectors, and have been grounded and bonded so as to protect persons and property from I ightning strikes. K. The Applicant shall submit a completed Full EAF and a Visual EAF Addendum. The Board may require submission of a more detailed visual analysis based on the results of the Visual EAF Addendum. Applicants are encouraged to have pre - application conferences with the Town to address the scope of the required visual assessment L. A Visual Impact Assessment which shall at the Board's request include: 1) A "Zone of Visibility Map" which shall be provided in order to determine locations from which the Tower may be seen. 2) Pictorial representations of "before and after" views from key viewpoints both inside and outside of the Town, including but not limited to state highways and other major roads; state and local parks, other public lands; historic districts; preserves and historic sites normally open to the public; and from any other location where the site is visible to a large number of visitors or travelers. If requested by the Applicant, the Town, acting in consultation with its consultants or experts, will provide guidance concerning the appropriate key sites at a pre - application conference. 3) An assessment of the visual impact of the Tower base, guy wires and accessory buildings from abutting and adjacent properties and streets. M. Any and all representations made to the Board, on the record, during the Application process, whether written or verbal, shall be deemed a part of the Application and may be relied upon in good faith by the Board, N. The Applicant shall, in a manner approved by the Board, provide vegetative or other approved screening around the base of the Telecommunications Tower and all accessory facilities and structures, to minimize its visibility from adjacent property. O. All utilities leading to and away from any Telecommunications "Power 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 Safcty 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. Page 12 of 46 TB 4 -13 -06 P. All Telecommunications Towers and accessory facilities shall be sited so as to have the least practical adverse visual effect on the environment and its character, and the residences in the area of the Telecommunications Tower site. Q. Accessory facilities shall maximize use of building materials, colors and textures designed to blend with the natural surroundings. R. An access road and parking will be provided to assure adequate emergency and service access. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road construction shall at all times minimize ground disturbance and vegetation= cutting. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential. S. The Board intends to be the lead agency, pursuant to SBQRA. 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 (K) 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 ()f 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) Un existing Telecommunications 'Powers 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; Page 13 of 46 TB 4 -13 -06 (e) On other property in the Town. (2) If the proposed property site is not the highest priority listed above, then a detailed explanation must be provided as to why a site of a higher priority was not selected. The person seeking such an exception must satisfactorily demonstrate the reason or reasons why such a permit should be granted for the proposed site, and the hardship that would be incurred by the Applicant if tile permit were not granted for the proposed site. (3) An Applicant may not by -pass sites of higher priority by stating the site presented is the only site leased or selected. The Application shall address co- location as an option and if such option is not proposed, the applicant must demonstrate why 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 hoard finds that the proposed site is in the best interests of the health, safety and welfare of the Town and its inhabitants. B. The Applicant shall submit a written report demonstrating the Applicant's review of the above locations in order of priority, demonstrating the technological reason for the site selection. C. The Applicant shall, in writing, identify and disclose the number and locations of any additional sites that the Applicant has, is, or will be considering, reviewing or planning for Telecommunications Towers in the "Town, and in all municipalities adjoining the Town, for a two . year period next following the date of the Application. D. Notwithstanding that a potential site may be situated in an area of highest priority or highest available priority, the Board may reject an Application for any of the following reasons: 1) Conflict with safety and safety - related codes and requirements; 2) Conflict with traffic needs or traffic laws, or definite plans for changes in traffic flow or trafi is 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 L..aw. Section 8. Shared use of Telecommunications Tower(s). A. Shared use of existing Telecom in tin ications Towers shall be preferred by the Town, as opposed to the proposed construction of new Telecommunications Towers. Where such shared use is unavailable; location of Antennas on other pre - existing structures shall be considered and preferred. The Applicant shall submit a comprehensive report inventorying existing towers and other appropriate structures within four (4) miles of any proposed new tower site, unless the Applicant can show that some other distance is more reasonable, and outlining opportunities for shared use of existing facilities and the use of other pre - existing structures as a preferred • alternative to new construction. Page 14 of 46 TB 4 -13 -06 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 cause shown. The Applicant to share use. C. In the event of an Application to share the use of an existing Telecommunications Tower that does not increase the height of the Telecommunications Tower, the Board may waive such requirements of this Local Law as may be for good cause shown. The Applicant is encouraged to seek a pre - Application conference with the Board to review such a proposed Application and settle the issue of waivers of such provisions which will help to expedite review and the issuance of a permit for such Applications. The purpose of waivers shall be to expedite for the Applicant and the Town the review and issuance of a permit for the shared use of an existing Telecommunications Tower. Section 9. Height of a Telecommunications Tower A. The Applicant must submit documentation justifying 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 ( accommodate a future vertical extension of at least twenty location of additional antennas for another entity. Section 10. Visibility of a Telecommunications To A. Telecommunications Towers shall not be artificially lighted or as specifically approved by the Board. 20) feet in height shall be designed to (20) feet. to support the potential co- wer or marked, except as required by law, B. Telecommunications Towers shall be of a galvanized finish, or painted with a rust- preventive paint of an appropriate color to harmonize with the surroundings as approved by the Board, and shall be maintained in accordance with the requirements of this Law. C. In the case of applications to co- locate on existing Telecommunications Towers, if lighting is required. Applicant shall provide a detailed plan for lighting which will be as unobtrusive and inofTensive as is permissible under state and United States regulations, together with an artist's rendering or other visual representation showing the effect of light emanating from the site on neighboring habitable structures within fifteen- hundred (1,500) feet of all property lines of the parcel on which the Telecommunications Tower is located. Section 11. Security of Telecommunications Towers All Telecommunications Towers and Antennas shall be located, fenced or otherwise secured in a manner which prevents unauthorized access. Specifically: 1) All Antennas, Towers and other supporting structures, including guy wires, shall be made inaccessible to individuals and constructed or shielded in such a manner that they cannot be climbed or run into; and • Page 15 of 46 014B 4 -13 -06 2) Transmitters and Telecommunications control points must be installed such that they are readily accessible only to persons authorized to operate or service them. Section 12. Signage Telecommunications Towers shall contain a sign no larger than four (4) square feet to provide adequate notification to persons in the immediate area of the presence of an Antenna that has transmission capabilities. The sign shall contain the name(s) of the owner(s) and operator(s) of the Antenna(s) as well as emergency phone number(s). The sign shall be located so as to be visible from the access point of the site. Telecommunications Towers shall also contain a sign displaying the FCC registration number of the "Power 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 `Powers and Accessory Facilities or Structures shall be set back from any property line a distance sufficient to preserve the privacy and sanctity of any adjoining parcels. B. 'Telecommunications Towers shall be located with a minimum setback from any property line a distance equal to one half ('/2) the height of the Tower or the existing setback requirement of the zoning district, whichever is greater. Further, any Accessory structure shall be located so as to comply with the minimum setback requirements for the zoning district in which it is situated. Section 14. Retention of Expert Assistance and Reimbursement by Applicant • A. The Board may hire any consultant and /or expert necessmy 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 Town will maintain an account for all such funds. The Town's consultants /experts shall bill or invoice the Town no less frequently than monthly for its services in reviewing the Application and performing its duties. If at any time during the review process this account is depleted, additional funds must be deposited with the Town before any further action or consideration is taken on the Application. If at the conclusion of the review process the cost of such consultant /expert services is more than the amount deposited pursuant hereto, the Applicant shall pay the difference to the Town prior to the issuance of any Special Use Permit. In the event that the amount held by the Town is more than the amount paid to the Town's consultants and experts, the difference shall be promptly refunded to the Applicant. Section 15. Applicability of Special Use Permit to Telecommunications Towers. A. No person shall be permitted to site, place, build, construct or modify, or prepare any site for the placement or use of, a Telecommunications Tower after the effective date of this Law without having first obtained a Special Use Permit for a Telecommunications Tower. Notwithstanding anything to the contrary in this Section, no Special Use Pennit 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. Page 16 of 46 TB 4 -13 -06 2) A Tower used or proposed to be used solely and exclusively for such other municipal • services as Highway Department vehicles or public school transportation vehicles. 3) A `Power used or proposed to be used solely and exclusively for private reception of radio and television broadcast services, Direct -to -home satellite services, Citizen's Band, Amateur (Ham) radio, and other similar private, residential communications systems serving users on an individual property. 4) A "Power has been proposed to be found not to be located on the property of a governmental subject to the jurisdiction of the Town, or agency, which facility 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 TeleCOmm Lill icatlons Tower is to be located. The'rown Code Enforcement Officer shall mail to all such landowners notice of such public hearing. Such mailing shall be by first class mail at least two (2) weeks prior to such hearing. B. The [ Board shall schedule the public hearing referred to in Subsection (A) of this Section once it finds the Application is complete. The Board, at any stage prior to issuing a Special Use Permit, may require such additional information as it deems necessary. Section 17. Action on an Application for a Special Use Permit for a Telecommunications Tower. A. The Board will undertake a review of an Application pursuant to this law in a timely Fashion, consistent with its responsibilities, and shall act within a reasonable period of time given the relative complexity of the Application and the circumstances, with due regard for the public's interest and need to be involved, and the Applicant's desire for a timely resolution. B. The Board may refer any Application or part thereof to the Planning Board or any advisory committee for their recommendation. C. Except for necessary building permits, and subsequent Certificates of Compliance, no additional permits or approvals from the Town, e.g. special permit, site plan approval or zoning approvals under the Town of Dryden Zoning Ordinance, shall be required for Telecommunications 'rowers or facilities covered by this Iraw. Page 17 of 46 TB 4 -13 -06 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 for a Telecommunications Tower, then the Applicant shall be notified of such approval in writing within ten (10) calendar days of the Board's action, and the Special Use Permit shall be issued within thirty (30) days after such approval. F. If the Board denies the Special Use Permit for a 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 (12) months and sir (6) months prior to the first five (5) year anniversary date after the effective date of the permit and all subsequent fifth anniversaries of the original Special Use Permit for a Telecommunications Tower, the holder of a Special Use Permit for such Tower shall submit a written request for recertification. In the written request for re- certification, the holder of such Special Use Pennit 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 Pennit; 3) The date of the original granting of the Special Use Permit; 4) Whether the `i'elecommunicat.ions Tower has been moved, re- located, rebuilt, repaired, or otherwise modified since the issuance of the Special Use Permit; 5) if the Telecommunications `rower 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 for a Special Use Permit; 7) That the Telecommunications Tower is in compliance with the Special Use Permit and compliance with all applicable codes, laws, rules and regulations; 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. 13. If, afler such review, the Board detennines 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 Tower, 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 Pennit, then the Applicant shall receive an extension of the Special Use Pennit for six (6) months, in order for the Board to complete its review. Page 18 of 46 TB 4 -13 -06 D. If the holder of a Special Use Permit for a Telecommunications Tower does not submit a request for recertification of such Special Use Permit within the times required by Subsection A above, then such Special Use Permit and any authorization thereof shall cease to exist on the date of the fifth anniversary of the original granting of the Special Use Permit, or subsequent fifth anniversaries, unless the holder of the Special Use Permit adequately demonstrates to the Board that extenuating circumstances prevented a timely recertification request. If the Board finds extenuating circumstances, then the holder of the Special Use Permit may submit a late re- certification request. E. The holder of a Special Use Permit may submit a written request for amendment of the Special Use Permit for the purpose of modifying its existing Antenna 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: l) Replacement of one or more of the existing Antennas and /or accessory equipment with a different model, type, or operating frequency; 2) Change in the quantity of Antennas and /or accessory equipment; 3) Change in power level, orientation, or radiation pattern. F. 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 Permit 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 it Special Use Permit for a 'Telecommunications `Power shall be as follows: 1) Special Use Permits shall be non - exclusive; 2) Special Use Permits shall not be assignable or trarisferable without the express written consent: of the Board, and such consent shall not be unreasonably withheld; 3) Special Use Permits may be revoked, canceled, or terminated for a violation of the conditions and provisions of the Special Use Permit for a Telecommunications Tower, or for a material violation of this Law. 4) Special Use Permits may be revoked, canceled, or terminated in the event the required NIER certifications are not submitted 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 Page 19 of 46 TB 4 -13 -06 thereof shall expire on the first anniversary of the effective date, unless an extension is granted by the Board. ® (i 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 Dryden. If the Application is for a Special Use Pennit for co- locating on an existing Telecommunications Tower, the fee shall be $1,000. 13. No Application fee is required in order to re- certify a Special Use Permit for a Telecommunications Tower, unless there has been a modification of the Telecommunications Tower since the date of the issuance of the existing Special Use Pennit. In the case of any such modification, the fees provided in subsection A shall apply. Section 21. Performance Security The Applicant and the owner of record of any proposed `I' elecommunications 'Power property site shall be jointly required to execute and file with the 'town it 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 terns 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. Thu 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 pert-nit. Section 22. Reservation of Authority to Inspect Telecommunications Towers A. In order to verify that the holder of a Special Use Permit for a Telecommunications Tower and any and all lessees, renters, and/or licensees of a Telecommunications Tower place and construct such facilities, including Towers and Antennas, in accordance with all applicable technical, safety, fire, building, and zoning codes, laws, ordinances and regulations and other applicable requirements, the ]'Own 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, 'Powers. Antennas and buildings or other structures constructed or located on the permitted site. B. The Town shall pay for costs associated with such an inspection, except for those circumstances occasioned by said holder's, lessee's or licensee's refusal to provide necessary information, or necessary access to such facilities, including Towers, Antennas; and appurtenant or associated facilities, or refusal to otherwise cooperate with the Town with respect to an inspection, or if violations of this Law are found to exist, in which case the holder, lessee or licensee shall reimburse the Town for the costs of such inspection. C. Payment of such costs shall be made to the Town within thirty (30) days from the date of the invoice or other demand for reimbursement. in the event that the finding(s) of violations) is/are appealed in accordance with the procedures set forth in this Law, said reimbursement payment • Page 20 of 46 'rR 4 -13 -06 must still be paid to the Toy +n 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 f CC, as well as accepted industry practices and recommended practices of the National Association of Tower Erectors. The codes referred to include, but are not limited to construction; building, electrical, fire, safety, heal(h, and land use. B. The holder of the Special Use Permit granted under this Law shall obtain, at its own expense, all permits and licenses required by any other applicable law, rule, regulation, or code, and must maintain the same, in full force and effect, for as long as required by the Town or other governmental entity or agency having jurisdiction over the Applicant. C. The holder of the Special Use Permit shall periodically inspect and at all times maintain the permitted Tower in compliance with this Law and all conditions of the Special Sue Permit, including but not limited to items of structural integrity, corrosion protection, visual appearance, lighting, RF emissions, security, and grounding. D. The holder of the Special Sue Permit shall annually provide documentation to the Town that NIER levels at the site are within the threshold levels adopted by the FCC. Section 24. Liability Insurance. A. A holder of a Special Use Permit for a Telecommunications Tower shall secure and at all times maintain insurance coverage for the duration of the Special Use Permit in amounts as set forth below: 1) Commercial General Liability: 2) Automobile Coverage: 3) Workers Compensation and disability $1,000,000 per occurrence /$2,000,000 aggregate; $1,000,000 per occurrence12,000,000 aggregate; statutory amounts. B. When the Town is the owner, lessor or otherwise has a legal insurable interest in the site of the Tower, the Commercial General Liability insurance policy shall specifically include the Town and its officers and employees as additional insureds. C. The insurance policies shall be issued by an agent or representative of an insurance company licensed to do business in the State. D. The insurance policies shall contain an endorsement obligating the insurance company to furnish the Town with at least thirty (30) days written notice in advance of the cancellation of the insurance. Page 21 of 46 TB 4-13-06 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 re place. P. Before construction or other work on a site or on a Telecommunications 'rower 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. 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 provisi Law on 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, indemnity, 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 anv claims, suits, demands, causes of action, or award of damages, whether compensatory or punitive, or expenses arising therefrom, either at law or in equity, which might arise out of, or are, caused by, the construction, erection, modification, location, products performance, operation, maintenance, repair, installation, replacement, removal, or restoration of a Telecommunications Tower within the Town. Section 26. Penalties, A. A violation of this Law or any provisions, term or condition of a Special Use Permit issued pursuant to this Law is an offense and upon conviction thereof the holder of the Special Use Permit shall pay to the Town a penalty as set forth in this Section. • B. Each day that a violation exists beyond one (1) week following written notification by the Town of such violation shall constitute a separate violation, subject to a separate penalty without the requirement of further notification of violation. C. For situations where there is an imminent threat to the health or safety of the public, or the employees of any user or occupant of the Telecommunications Tower, there shall be no requirement for written notification by the "Town to the holder of the Special Use Permit. In such situations verbal notification, delivered personally or by telephone, shall be deemed sufficient notice. D. Amounts of Penalty: 1) For violation of any safety- related requirement, S 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; • Page 22 of 46 T13 4-13-06 5) For failure to comply with any applicable Town, County, State or United States laws, ordinances, rules, regulations or requirements, $1,000 per day per occurrence. E. In addition to any p _ penalty provided for herein the Town may also seek injunctive relief in a court of competent jurisdiction to prevent the continued violation of this Law. Section 27. Default and /or Revocation. A. If a Telecommunications Tower or Telecommunications structure is repaired, rebuilt, placed, moved, re- located, modified or maintained in a manner not in compliance with the provisions of this Law or the Special Use Permit, then the Board shall notify the holder of the Special Use Permit in writing of such violation. Such notice shall specify the nature of the violation or non- compliance and that the violations must be corrected within seven (7) days of the date of the postmark of the Notice, or the date of personal service of the Notice, whichever is earlier. Notwithstanding anything to the contrary in this Subsection or any other Section of this Law, if the violation causes, creates or presents an imminent danger or threat to the health or safety of lives or property, the Board may, in its sole 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 Telecoinm Lill ICations 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 detennination as noted in subsection A above, then the Board shall notify, in writing within forty -eight (48) hours of such determination, the holder of the Special Use Permit that said Telecommunications Tower is to be removed. In the event that no Special Use Permit was issued for the Tower, such notification shall be provided to the property owner of record. The Board may approve a Temporary_ Use Agreement/Permit, to enable the sale of the 'tower prior to its removal. C. The holder of the Special use Permit, or its successors or assigns, shall dismantle and remove • such Telecommunications Tower, and all associated structures and facilities, from the site and Page 23 of 46 1f13 4 -13 -06 restore the site to as close to its original condition as is possible, such restoration being limited only by physical or commercial impracticability, within ninety (90) days of receipt of written ® notice from the Board. However, if the owner of the property upon which the Telecommunications Tower is located wishes to retain any access roadway to the Tower site, the owner may do so with the approval of the Board. D. If a Telecommunications Tower is not removed or substantial progress has not been made to remove the Telecommunications Tower within ninety (90) days after the permit holder has received notice, then the Board may order officials, representatives or contractors of the Town to remove the Telecommunications Tower at the sole expense of the landowner and permit holder. F. If the Town removes, or causes to be removed, a Telecommunications Tower, and the owner of the Telecommunications Tower does not claim the property and remove it from the site to a lawful location within ten (10) days, then the "town may take steps to declare the Telecommunications Tower abandoned, and sell it and its components. F. Notwithstanding anything in this Section to the contrary, the Board may approve a Temporary Use Agreement/Perrnit for the Telecommunications Tower, for no more ninety (90) days, during which time a suitable plan for removal, conversion, or re- location of the Telecommunications Tower shall be developed by the holder of the permit, subject to the approval of the Board, and an agreement to such plan shall be executed by the holder of the permit and the Town. If such a plan is not developed, approved and executed within the ninety (90) day time period, then the Town may take possession of and dispose of the Telecommunications Tower in the manner provided in this Section. Section 29. Relief Any Applicant desiring relief or exemption from any aspect or requirement of this Law may request such from the Board at a pre- Application conference, provided that the specific request for the relief or exemption is contained in the original Application 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 he temporary or permanent, partial or complete, at the sole discretion of the Board. However, the burden of proving the need for the requested relief or exemption is solely on the Applicant to prove to the satisfaction of the Board. The Applicant shall bear all costs of the Board or the Town in considering the request and the relief shall not be transferable to a new or different holder of the permit or owner of the "Power 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 conflicts with other laws, rules and regulations, unless the right to do so is preempted or prohibited by county, state or United States laws, rules or regulations, the more restrictive or protective of the Town and the public shall apply. Section 31. Effective Date. This Law shall be effective immediately upon tiling the same with the New York Secretary of State and shall apply to all applications pending or filed after the effective date. • Page 24 of 46 TB 4 -13 -06 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. 2nd Cl Stelick Roll Call Vote Cl Christofferson Yes Cl Tier Yes Supv Trumbull Yes Cl Stelick Yes Cl Sumner Yes Supv Trumbull closed the public hearing on proposed local law number 3 at 7:28 p.m. REESOLUTION #73 - ADOPT LOCAL LAW #3 -2006 - REPEALING LOCAL NO. 2-1998 AND LOCAL LAW NO. 4 -2004 Cl Stelick offered the following resolution and asked for its adoption: 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, qqw 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. 2tzd Cl Tier Roll Call Vote Cl Christofferson Yes Cl Tier Yes Supv Trumbull Yes Cl Stelick Yes Cl Sumner Yes PUBLIC HEARING BITE PLAN REVIEW APPLICATION OF CAYUGA RADIO GROUP, 1751 HANSHAW RD Supv Trumbull opened the public hearing at 7:30 p.m. and Town Clerk read the notice published in The Ithaca Journal on March 24, 2006, Joe Westbrook, architect for the project, and Susan Johnston, general manager of Cayuga Radio Group, were present. J Westbrook distributed photographs of the current building and displayed the proposed site design. He said the objectives of the site plan are to relieve current overcrowding in the building because over the past 12 years they have grown from 2 radio stations to 4 and increased staff from 23 to 26 with the potential to hire 2 or 3 Page 25 of 46 TB 4 -13 -06 more people in the next three to five years. Most of the growth has already occurred and the current facility is far too small. Their program office (140 square feet) currently has three • people working in it. The studios were built ten years ago and with the changes in technology and sound isolation, they want to create new studios that provide a better facility for broadcast. The objectives are to relieve the current crowding, accommodate for planned staff increase and increase ease of ingress and egress. He pointed out where the additions to the building were planned and explained the change to be made at the entrance. The drainage Swale was explained and reviewed. five parking spaces were added. They believe the improvements benefit the business and have a low impact on the site. GO Slater said the Zoning Board of Appeals had approved an area variance for parking relief for the applicant last Tuesday. (He also noted the Town should revisit its off street parking regulations.) A Sciarabba said TG Miller's recommends the Board waive Standard Condition of Approval #7, having to do with stormwater runoff. Supv Trumbull closed the hearing at 7:40 p.m. Mike lane said he hoped the Board would approve the application for this business in the Town as they provide a real service to the people in Tompkins County and we need to do what we can so they can continue to grow their business here. The board agrees with that statement and Cl Stelick told the applicant we appreciate them staying in the Town of Dryden. RESOLUTION #74 - APPROVE CAYUGA RADIO GROUP SITE PLAN Cl Christofferson offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approve the site plan application submitted by Cayuga Radio Group for a 1125 square foot expansion of their facility at 1751 Hanshaw Road, subject to Standard Conditions of Approval (7- 2000), expecting #7, and further subject to conditions previously imposed on the applicant: by the Town of Dryden. 2nci Cl Tier Roll Call Vote Cl Christofferson Yes Cl Tier Yes Supv Trumbull Yes Cl Stelick Yes Cl Sumner Yes PUBLIC HEARING SITE PLAN REVIEW APPLICATION OF VERIZON WIRELESS TO CO- LOCATE ON AN EXISTING TELECOMMUNICATION TOWER AT 1387 DRYDEN RD Supv Trumbull opened the public hearing at 7:40 p.m. and Town Clerk read the notice published in The Ithaca Journal on March 25, 2006. Robert Burgdorf, Esq., representing Verizon Wireless, said the applicant would like to extend the Crown Atlantic tower at 1387 Dryden Road from 80' to 120' to provide adequate wireless telephone service through Verizon's license to the greater Dryden area. The project consists of adding an extension to the existing pole, attaching antennas, and running cabling down to a new 12'x 30' equipment shelter. The shelter will be on a concrete pad. Page 26 of 46 'f B 4 -13 -06 Mr Burgdorf said Verizon has been trying to get service to this cell for about two years. They were waiting for Crown to put up the tower so Verizon could co- locate on it and that tower has finally been constructed. Verizon's application has been reviewed by the Town's consultant and any concerns have been addressed. The conditions recommended by the consultant do not present a problem for the applicant. Jeff Kirby, consultant, said this is a very straight forward application. They are co- locating on an existing tower that is known to be a dead spot for Verizon. The location is suitable and the application is very complete, and there are a few minor items he wanted to see addressed. With respect to more coverage for the rural areas of the town, J Kirby explained that the focus of Verizon's coverage is the Route 13 corridor and the Village of Dryden, with coverage reducing as you reach the fringes of the Town before you overlap into another area. Mr Burgdorf said they have plans to eventually service everywhere, with a seamless ability to use the phone wherever they have a License (essentially across the country), but in the current build schedule, which goes out about two years, there is no plan for those areas. The board reviewed the propagation study for the project. Atty Perkins and J Kirby have discussed the sufficiency of the existing removal bond and believe that will be sufficient. Supv Trumbull closed the public hearing at 7:50 p.m. and the board reviewed the long environmental assessment form and completed Part It, RESOLUTION #75 - NEG SEQR DEC - VERIZON WIRELESS CO- LOCATION 1387 DRYDEN ROAD . Cl Stelick offered the following resolution and asked for its adoption: WHEREAS, A. The proposed action involves consideration of the application of Verizon Wireless to co- locate on an existing telecommunications tower located at 1387 Dryden Road. Applicant proposes to raise the height of the tower from 84' to 125', attach an antenna array and construct a 12' x 30' equipment shelter at the base of the tower. 8. The proposed action is an Unlisted Action for which the Town Board of the Town of Dryden is the lead agency for the purposes of uncoordinated environmental review in connection with special permit approval by the 'Town. C. The Town board of the Town of Dryden, in performing the lead agency function for its independent and uncoordinated environmental review in accordance with Article 8 of the New York State Environmental Conservation Lava - the State Environmental Quality Review Act "(SEQR), (i) thoroughly reviewed the Long Environmental Assessment Form (the "Long EAF"), Part I, (noting changes from the original application in parts B7, 138, B 16, B23 and C21 and any and all other documents prepared and submitted with respect to this proposed action and its environmental review, (ii) thoroughly analyzed the potential relevant areas of environmental concern to determi.ne if the proposed action may have a significant adverse impact on the environment, including the criteria identified in 6 NYCRR §617.7(c), and (iii) completed the Long EAF, Part 11; NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: Page 27 of 46 TB 4- 1;3 -06 1, The Town Board of the Town of Dryden, based upon (i) its thorough review of the Long EAF, Part 1, and any and all other documents prepared and submitted with respect to this proposed action and its environmental review, (ii) its thorough review of the potential relevant areas of environmental concern to determine if the proposed action may have a significant adverse impact on the environment, including the criteria identified in 6 NYCRR §617.7(c), and (iii) its completion of the Long EAF, Part 11, including the findings noted thereon (which findings are incorporated herein as if set forth at length), hereby makes a negative determination of environmental significance ("Negative Declaration ") in accordance with SEQR for the above referenced proposed action, and determines that an Environmental Impact Statement will not be required, and 21 The Responsible Officer of the Town Board of the Town of Dryden is hereby authorized and directed to complete and sign as required the determination of significance, confirming the foregoing Negative Declaration, which fully completed and signed Long EAF and determination of significance shall be incorporated by reference in this Resolution. 2«l' C1 Christofferson Roll Call Vote Cl Christofferson Abstain Cl 'Pier Yes Supv Trumbull Yes Cl Stelick Yes Cl Sumner Yes RESOLUTION #76 - APPROVE VERIZON WIRELESS SITE PLAN Cl Christofferson offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the site plan application of Verizon Wireless to co- locate on the existing telecommunications tower at 1387 Dryden Road, raising the height of the tower to 125, attaching the appropriate antennae array, and erecting an equipment shelter as described in their application, subject to the following conditions: 1. Applicant shall submit the details of the proposed antenna mounts, and the manufacturer's drawings of the proposed equipment shelter with its building permit application. 2. Applicant shall submit clarification of the point -to -point link that is enabled by the proposed dish antenna. 3. Applicant shall submit a copy of its site lease agreement with Crown Atlantic. 2nd Cl Stelick Roll Call Vote Cl Christofferson Yes Cl Tier Yes Supv Trumbull Yes Cl Stelick Yes Cl Sumner Yes PUBLIC HEARING CAYUGA PRESS OF ITHACA, INC. SHIFT OF OPERATIONS TO CITY OF CORTLAND EMPIRE ZONE Supv Trumbull opened the public hearing at 8:00 p.m vihl;oHPa{ ;., -rye Min on April S, 20061 Page 28 of 46 and Town Clerk read the notice TB 4 -13 -06 Karen Niday, Empire Zone Director for Cortland County and Economic Development Specialist, said the Empire Zone Program requires this hearing when you have a company that moves from a location that is not in an Empire Zone into an Empire Zone. The company needs to come before the community they are moving out of to explain the process and ensure that it is not happening solely for the Empire Zone Program, or if that were to be the case, that the Town is agreeable. She said in this case, the move is not for the Empire Zone program. The Schugs found a building and then came to them because it happened to be in the Empire Zone. In order to process the application and the company to receive the Empire Zone benefits, New York State requires a resolution from the Town Board the company is moving from. K Niday said that in a lot of instances the town the company is moving from is at a loss because they are losing jobs and that is a problem. In this case, although the company is moving, they are moving so close to the Town that: the Town is not actually losing jobs. Residents that currently work for Cayuga Press can continue to work for them, but will have a little longer drive. They do intend to keep all their current employees. She also understands that there is a company interested in the property they are vacating. The board has been given a sample of the resolution that the State requires. Peter Schug, President of Cayuga Press, read a statement to the board: "It is with great sadness that Cayuga Press has to move from its home in Dryden. Our families have lived in Dryden for almost thirty years and will continue to do so_ Cayuga Press has been at 1779 Hanshaw Road for 39 years, The success of our company necessitates more manufacturing room to meet our customer's needs and remain competitive in our industry. In 1986 we purchased a building at 1650 Hanshaw Road to house our offices and mailing operations. We built a 2,000 square foot building on our 1779 Hanshaw Road property to house materials. We added an 8,000 square foot addition to our existing manufacturing building in 1997. At our current location, we are out of options for expansion. We are surrounded by NY State right of way, on Rt. 13, the NY State Armory and a sewer line. We have been looking for the last five years for an existing building to suit our needs. Nothing has become available in Dryden, buildings this size are very limited. Due to no existing building options, two years ago we had plans drawn up for a 50,000 square foot building, We hoped could fit on our 1650 Hanshaw Road location. It would fit, but it would leave little room for expansion. We received the construction cost estimate of $2.1 -2.5 million dollars, Another consideration with this location is that there is no water or sewer service. Upon checking with the town concerning the possibility of an added water district, it appeared unlikely it could happen in the near future. We were told we could pay for this ourselves if needed. The cost to do this was approximately $1 millions dollars. Thus putting a building at 1650 (land we owned) would cost about $3 million dollars. Unfortunately this is not an option due to the costs. Last year we became so crowded I discussed options with Henry Slater who was very helpful. Unfortunately, all the existing buildings he knew of were not suitable for our needs. This has forced us to look outside of Dryden. We have looked as far as Northern Pennsylvania and South of Syracuse as well as other towns in Tompkins County. An affordable opportunity has arisen that suits our current requirements and projected expansion needs into the future. A building in Cortland, NY is close to our customer base and close enough that most, if not all, or current employees will continue to work with us at Cayuga Press. Retaining our skilled Page 29 of 46 TB 4 -13-06 people is very important to us. The thought that many of those we work with losing there job due to relocation is also disturbing to us. We will continue to own the properties in Dryden. We are planning to rent them to businesses that will contribute sales tax dollars to our community. We respectfully request approval of our move to Cortland, NY from the Town Board. Your approval will help us to qualify for a Empire Zone, which has little benefit with the move, but offers benefits as we grow and add jobs. We would like you to vote on this tonight as our need for larger space is very pressing. Thank you for your time and consideration to this matter. Sincerely, Peter & Barney Schug, Cayuga Press of Ithaca, Inc. 1650 Hanshaw Road, Ithaca, NY 14850" P Schug said they are sad to have to do this, but: they just don't have options in this area. Unfortunately because of that, they respectfully request that t:he Town allow them to make this and hopefully the Empire Zone benefits down the road will help their business in the future. The building they are purchasing is the Impact Sports building, situate on nine acres, 70,000 square feet. The business currently occupies about 35,000 square feet. Cl Christofferson inquired about the HUD loan Cayuga Press currently has with the Town of Dryden. P Schug said the business had received HUD funds to help pay for a piece of equipment and created the necessary jobs under the terms of that loan. They are checking into what their options are if they move from the Town. Atty Perkins said the loan documents • would speak for themselves with respect to that matter. Atty Perkins said the proposed resolution presented to the board attempts to comply with the statutory mandate should the board find there are extraordinary circumstances that warrant the relocation. The resolution talks about physical problems and attempts to relocate in the Town of Dryden, which P Schug has addressed. It is up to the board to determine whether the record will indicate the board can support a finding of extraordinary circumstances. CI Christofferson clarified that they could act on the resolution because the HUD issue will be resolved by the documents. Mike Hattery said both he and Martha Robertson both serve on the Tompkins County iDA. He has spoke with Mike Stamm, Executive Director of the IDA, who indicated that the Schugs had made a really good faith effort to find another location in Tompkins County because they wanted to stay here. He feels assured that they made a good faith effort to stay. Martha Robertson asked what the specific benefits of the Empire Zone will be. Karen Niday said that with Empire Zone programs the credits are calculated in a different manner, but by taking the base employment: and going back 4 years, tax credits are determined by the increase in employment. Cayuga Press estimates that a few years down the road they will have a 10% credit for things such as property tax. The Investment Tax credit that every business in New York State is allowed is a larger percentage for businesses in an Empire Zone. There is a sales tax exemption, but they must increase their employment. It will be good for ten years and they will be exempt from the State portion of the sales tax on purchases that are taxable to them. The savings could grow, but K Niday said they are required to build on their base employment numbers. There is also help with utilities for businesses in the Empire Zone so that helps with the cost of the project:. Page 30 of 46 7*13 4 -13 -06 Mike Lane said he assumed the Town Board did not have a lot: of advance notice of this move, and wondered what efforts the Town might be considering to try and keep this employer in the Town. He said he understood it would be expensive to provide water and sewer services, and asked if the Town was planning to approach the State economic development people or other people to try to get a grant to extend the sewer line so they could build on their own property. Cl Christofferson said this business is ready to move, and it wasn't just the water and sewer, it is expensive for them to add on. They have an option that is better than adding on for a couple of reasons, not just water and sewer. He would like to keep them in the Town, but by the time they investigate it all it could take six months to year. They are trying to make a good business decision. M Lane said the Board is making a decision that will affect the Town of Dryden, employment in the Town of Dryden, and the people of the Town for decades to come, and to say you can't take a little bit of time to make a decision about that, he thinks is a little unusual. We are talking about exchanging good paying jobs with lots of benefits for possible commercial jobs, which are generally low paying, and that is not a good trade for the Town. P Schug said he approached a previous board about trying to put water and sewer in their location and at the time there was no interest in doing that. The cost of running the sewer line themselves was prohibitive, as well as the cost of adding on to their building. It was $3,000,000 for the project two years ago, and a recent: estimate for constructing a building approximately the same size and specifications as the one they are going to purchase and the cost: was almost $5,000,000 at today's prices. So even if the Town Board said they could run the water and sewer in the next few months, the cost of constructing a building is so prohibitive now that he didn't know if it would make a difference. • M Lane said he didn't want the Town to make a snap decision. M Hattery said there is no exchange of jobs because the employment base will stay the same. The folks they currently have working for them will stay. P Schug confirmed that with the possible exception of one employee who commutes from Horseheads and is unsure whether she wants to add to her daily commute. For most people it is an extra 10 or 15- minute drive. M bane said he thinks it is an exchange of jobs, and M Hattery said it is an expansion. M Lane said it is not: an expansion in the Town of Dryden or Tompkins County, Barney Schug noted that the Mailboxes portion of their company will be expanding in the building and increasing the number of jobs. That will increase the number of manufacturing jobs in the existing facility. They were previously unable to grow because they were out of space, and because they will be able to expand into the Cayuga Press office space, they will be able to add more employees (probably 4 or 5 people) at the 1650 Hanshaw road location. Cayuga Press intends to maintain their buildings in the Town of Dryden and lease them out in addition to maintaining and expanding the Mailboxes business. P Schug said space has become critical in the last year and they would like to move as soon as possible. Cl Stelick asked if the board could hold off on its decision for a month in order to do some checking; that he would hate to lose the company. P Schug said that would be okay, but it won't hold up what they are doing, other than the Empire zone aspect of it. They need to make the move whether the Empire Zone benefits are attached to it or not He • doesn't feel like they have a choice and wishes there was something in Dryden. Page 31 of 46 TB 4 -13 -06 0 They are purchasing the new building for approximately $1,000,000 and they estimate approximately $300,000 to renovate it to suit their needs. The estimate for building a comparable building on land they currently own was almost $5,000,000. Cl Christofferson said Cayuga Press needs to make a business decision and asked what the board could possibly gain by waiting a month. They have already checked things out and the Town will not build any sewer lines a month, and the only thing this w-ill do is stop them from getting some benefits by not approving the resolution. He will wait a month, but: he doesn't see any options and believes we will be in the same situation in a month. P Schug reiterated they will have to push forward with the move and it would be unfortunate if the board chose not to do it. Cl Stelick said he would like to see what there is available. P Schug said they have investigated options for five years and there are no options in the Town of Dryden and costs of skyrocketed. K Niday said for the sales tax piece it is important that the resolution be passed this month, and will delay things by at least a month, and more likely two months because of meeting dates. Cl Sumner asked when they found the Cortland site and they said within the last month and a half. Cl Tier said he was concerned about the effect of waiting a month as far as benefits to the company. Supv Trumbull closed the public hearing at 8:30 p.m. After further discussion, the board decided to act on the resolution. RESOLUTION #77 - CAYUGA PRESS SHIFT OF OPERATION INTO AN EMPIRE ZONE CI Christofferson offered the following resolution and asked for its adoption: Whereas, Cayuga Press of Ithaca, In., a commercial printer in the Town of Dryden from 1977 to 2006, and Whereas Cayuga Press of Ithaca, Inc., employed 68 people during the I'll quarter of 2006, and Whereas, physical problems prevented Cayuga Press of Ithaca, Inc., from remaining at 1650 & 1779 Hanshaw Rd, Ithaca, beyond 2006, and Whereas, Cayuga Press of Ithaca, Inc. attempted to relocate in the Town of Dryden in 2006 but could find no comparable space, and Whereas, the Town Board has heard public comments that extraordinary circumstances existed to warrant the relocation of Cayuga Press of Ithaca, Inc. to a site in the Cortland Empire Zone, located in the City of Cortland, NOW, THEREFORE, be it hereby RESOLVED, that the Town of Dryden consents to the relocation of Cayuga Press of Ithaca, Inc. from the Town of Dryden to the Cortland Empire Zone. 21,d Cl Tier Roll Call Vote Cl Christofferson Yes Cl Tier Yes Supv Trumbull Yes Page 32 of 46 Cl Stelick Cl Sumner HIGHWAY DEPARTMENT & DPW Yes Yes 0F8 4 -13-06 Highway Superintendent Jl�ck Bush said the state bid for the lawn tractor that was approved earlier in the year is out and the discount that has been given in the past has been lowered. The anticipated cost was $7,500 and the actual cost will be $7,830.42. He asked that Resolution #38 of this year be amended to reflect that. RESOLUTION #78 - AMEND RESOLUTION FOR PURCHASE OF GARDEN TRACTOR Cl Christofferson offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby amends Resolution #38 of this year as follows: Amend the paragraph for "Purchase off state bid of one 2006 new and unused lawn tractor with 54" mower deck" to reflect a cost of $7,830.42. 2ncl Cl Sumner Roll Call Vote Cl Christofferson Yes Cl Tier Yes Supv Trumbull Yes Cl Stelick Yes Cl Sumner Yes J Bush has provided the board with a copy of the agreement to spend town highway funds, made between the Highway Superintendent and the Town Board. This annual agreement is a list of the roads where work is proposed for the coming year, what is to be done and the estimated cost of that work. He said there could be some changes, and if so, there will be an amendment to the agreement. Cl Sumner said that last year the board had asked for a report at the end of the season about how much of the work was actually done, and that would be useful to have. J Bush said that last year two things were not done. Herman Road was postponed because of the activity of RMS Gravel. The Village of Freeville will be reconstructing Fall Creek Road from the Village line, and because they will be routing traffic on Herman Road, the Village will put a new top on that road after the construction is complete. �- Cl Christofferson offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the Agreement to Spend Town Highway Funds ( §284 Agreement) for 2006. 2114 Cl Stelick Roll Call Vote Cl Christofferson Yes Cl Tier Yes Supv Trumbull Yes Cl Stelick Yes Cl Sumner Yes Page 33 of 46 TB 4 -13 -06 COUNTY BRIEFING Martha Robertson said that the Town of Ithaca had also passed a resolution in support of a lower speed limit on Game Farm Road. Tompkins County Planning Department will be holding areas on the Natural Features Focus Area Project. Meetings will be held at the Lansing Town Hall on May 2 at 7:00 p.m., Tompkins County Library on May 22 at 7:00 p.m., and McLean Fire I•lall on May 23 at 7:00 p.m. Better Housing is doing an education meeting at Houtz Hall on May 9 at 6:00 p.m. Hall. She noted for people of median income in the County. CI Christofferson said that sc payments. initiative for the community and will be holding a and May 26 at 6:00 p.m. at the Dryden Town or below, there is not enough affordable housing metimes property taxes are more than mortgage The IDA committee has been reviewing the density policy together with the City of Ithaca and Tompkins County Planning. They want to have density benefits for all nodes in the County because the goal of the County Comprehensive Plan is nodal development so there is development where there is infrastructure. They want to encourage other municipalities to also have a density policy and incentives for development in the areas identified for nodal development.. ENGINEERING Andy Sciarabba said the committee appointed to review the benefit assessment formula • for special districts had met and decided to keep the benefit formula as 50% based on assessment, 35% based on acreage and 15% based on units. Using that benefit formula TG Millers was able to revise the interim report for the Ellis Hollow Road Water District. None of the service areas were changed from the original report. The range for the three options would be between $1370 and $1550 per year, and A Sciarabba explained the differences. These figures are all over the Comptroller's threshold. He said the expanded option if probably the best one to look at because you have a larger area and the cost to a typical user goes down. Arthur Berkey, 1205 Ellis Hollow, said he has several requests and questions. He said he would appreciate receiving a copy of the feasibility study and the calculations of per unit costs. He asked how the board plans to proceed to obtain public input and whom the residents should contact with questions and concerns. Atty Perkins said if the board is satisfied with the interim report, they can ask the engineers to complete the final Map, Plan and Report. Once that has been filed the board will adopt an order calling a public hearing, which requires notice to all of the affected property owners as well as publication and posting. That is the point at which it is appropriate for the people to ask the questions, so that: at one time the engineers and the board can hear all the concerns and questions and respond to theca. When finally the board is in a position to answer a series of questions all in the affirmative that are set forth in Town Law, the board will adopt a resolution creating the district, and that is subject to a permissive referendum. He said the board should look at the interim report and if it is satisfactory and appears to be feasible to go ahead from a cost perspective, ask for the final Map, Plan and Report. He further explained that if the costs are above those recommended, you have to get permission from the Comptroller. That happens after the public hearing and the board votes to establish the district. Page 34 of 46 014E 4 -13 -06 A Berkey said he hoped the board didn't think that holding one public hearing would provide adequate opportunity for people to come because not everyone can be there, and asked • the board to consider a number of things, such as a mailing and information sheet for input. He also said that he had visited about 75 residences collecting signatures for his petition and had not gone into the "expanded area." He is concerned the people in that area may not want the water and the district may be voted down because of that. A Berkey asked if there would be vote if there were no petition filed for permissive referendum and Atty Perkins said the board is not required to have a vote unless a petition was filed again serving as the that met the statutory requirements. A Berkey said he would like to see a vote either way. Martha Robertson noted that she had gotten a call from a property owner in the expanded area that was upset because they did not need water. She suggested any public hearing be held at the Ellis Hollow Community Center. The Varna Community Center is also a possibility. A Sciarabba has provided the board with the final reports for the Pinckney Road Sewer and Pinckney Road Water Districts. The benefit formula was revised using the new definition of units. He noted there is a NYSEG substation in the district that gets no benefit from water or sewer and Atty Perkins had advised them to take that portion of the assessment attributed to the substation out to fairly assess the NYSEG portion. Using the new formula and dropping the NYSEG valuation increased the cost to a typical user to $3,315 for water and $2,100 for the sewer. This is a commercial/ industrial zone. Cl Sumner asked if it was necessary to reduce NYSEG's assessment and Atty Perkins said there was a recent Court of Appeals case where NY Telephone Company sued the Town of Long Island because the Town had included in its benefit assessment formula the telephone • lines which they are separately assessed for. The Court of Appeals said because there is no benefit to the lines, it is irrational to use that: type of formula (the part that obviously does not derive a benefit must be removed). He noted that part of NYSEG's assessment was left in, but towers, lines, substations, etc. will be argued that there is no way they derive a benefit. He will look at that issue further. Jennifer Dube said an egg hunt was held on Sunday with approximately 250 in attendance. She thanked Cl Stelick for again serving as the Easter Bunny. The Recreation Partnership will be holding a municipal leaders meeting to update them and she will announce that date when it has been set. The board has previously been provided with a proposed agreement with Dryden Kiwanis and a resolution authorizing the Supervisor sign the same. RESOLUTION #80 - AUTHORIZE AGREEMENT WITH KIWANIS CLUB OF DRYDEN Cl Christofferson offered the following resolution and asked for its adoption: WHEREAS, the Town of Dryden Recreation Department and the Kiwanis Club of Dryden work together to administer the Kiwanis Club youth softball and baseball programs for all youth in the Town of Dryden, and WHEREAS, the Recreation Department has provided the Town Board with a proposed Agreement with regard to the 2006 youth softball and baseball programs, • Page 35 of 46 TB 4 -13 -06 NOW, THEREFORE, BE IT RESOLVED that the Town Supervisor is authorized to execute on behalf of the Town of Dryden, the 2006 Agreement with the K.iwanis Club of Dryden. 21111 Supv Trumbull Roll Call Vote Cl Christofferson Yes Cl Tier Yes Supv Trumbull Yes Cl Stelick Yes Cl Sumner Yes Atty Perkins has revised the resolution adopting fundraising guidelines for the Recreation Department and after discussion the Board added Dryden Lacrosse to the guidelines. RESOLUTION #81 - ADOPT FUND RAISING GUIDELINES CI Stelick offered the following resolution and asked for its adoption: WHEREAS, various recreation programs which raised funds to support their respective programs have deposited such funds in separate bank accounts at The First National Bank of Dryden, and WHEREAS, in some instances program volunteers have disbursed funds from these bank accounts with no program approval process in place, and WHEREAS, the Town of Dryden, through its Recreation Department, can facilitate the disbursement of such funds by assuring that the disbursement of program funds raised by program participants is made in a manner approved by such programs, NOW, THEREFORE, BE IT RESOLVED: 1) The policy guidelines attached hereto are hereby adopted as guidelines for the disbursement of recreation program funds deposited with the Town of Dryden, and 2) Funds held by the Town of Dryden are to be treated as a line item in the Recreation Department budget. 2nd Cl Tier Roll Call Vote Cl Christofferson Yes CI Tier Yes Supv Trumbull Yes Cl Stelick Yes Cl Sumner Yes TOWN OF DRYDEN RECREATION DEPARTMENT PROGRAM FUNDRAISING GUIDELINES 1. All fundraising efforts will be carried out by the individual programs. The Recreation Coordinator will assist program fundraising coordinators in the placement of product orders and the receiving of orders, however the actual payment: for and selling of products for fundraising will be done by individual program participants. Page 36 of 46 T13 4 -13 -06 2. Generally, a program fundraising committee will be made up of program coaches, a program fundraising coordinator, parents of program participants, and the Recreation Coordinator. The parent representative from each team must be notified of meetings when fundraising decisions are to be made. The fundraising coordinator must be a program participant's parent, coach or assistant coach with the program team and will assist in placing orders, distributing products for sale and distributing other fundraising materials. 3. The adult softball program fundraising committee will be made up of a chair, vice chair and secretary, as well as an umpire representative and two player representatives. Each member of the committee will serve a two -yeas term. 4. The Recreation Coordinator will complete and submit vouchers as needed for the disbursement of fundraising funds received from programs after approval from the program fundraising committee. 5. Each program fundraising committee will decide issues concerning fundraising and approve the disbursement of fundraising funds by the Recreation Coordinator. Currently, there are three program accounts for fundraising funds: a. Friends of Dryden Youth Football &, Cheerleading b. Adult Softball Fun League c. Dryden Lacrosse These accounts will be treated as line items in the Recreation Department budget. Funds received from fundraising efforts will be deposited into a local depository and will be accounted for on their respective lines in the budget. No disbursement can be made without the program fundraising committee's approval. 0 6. Any program participant, parent or coach may request to see how the funds were disbursed. Cl Christofferson said having someone other than a parent to hold the fundraising monies for these organizations is a nice benefit. Atty Perkins said as long as the program understands that these are the guidelines and this is what they'll be subject to, it will be foie. J Dube said she had met with Supv Trumbull and Mayor Taylor about: the possibility of putting the skateboard park in Montgomery Park and along with that she would like to revitalize Montgomery Park. She has spoken with the United States Tennis Association and they have grants available. The skateboard park would only take up part of the tennis courts so there could also be other activities going on. They will hold a skateboard park demonstration at Montgomery Park on April 29 from 10:00 a.m. to 1:00 p.m. and she invited the board to attend. She also encouraged them to look at the skateboard park in Groton, which could be a portable park, but they choose to leave the pieces in place. The Ackleys hope that the entire project will be funded by donations from the area, and the park will be named in their son's honor. They will try and have a public hearing at the May Village Board meeting for Village residents and J Dube has sent a mailing to them inviting them to the event on Saturday. ATTORNEY Atty Perkins said he has two matters for executive session involving litigation and expects the board will want to take action on one of them. The board has received a proposed amendment to the Town's Electrical Code having to • do with electrical inspectors. This was introduced by the board and the public hearing was set Page 37 of 46 TB 4 -13 -06 for May I I, 2006, at 7:00 p.m. at the Town Hall, 65 East Main Street, Dryden, New York. The text follows: • Proposed Local Law 2006 A local law establishing qualifications for electrical inspectors 1. Section 4 - Electrical Inspector of local law No. 3 of the year 1981 - the Electrical Code of the Town of Dryden - is hereby amended by labeling the existing paragraph as (A) and by adding new subparagraphs (B) and (C) to read as follows: (13) A qualified Electrical inspector means a person who: (1) Has passed the New York State Civil Service Examination and is currently eligible for appointment as an electrical inspector according to the rules of the Civil Service Commission, or (2) Has been certified as a Residential Electrical Inspector (for single or two family residential home construction) by the international Association of Electrical Inspectors, or (3) Has been certified as a Master Electrical Inspector for all other types of construction by the international Association of Electrical Inspectors, or (4) Has been recognized as a journeyman electrician by the international Brotherhood of Electrical Workers for a period of at least five years. (C) A person not meeting the qualifications of subparagraph (B) above may petition the town board for appointment as an Electrical Inspector by reason of his education, training, work experience or employment as an electrician, or as an electrical inspector. 2. This local law shall take effect upon filing with the Secretary of State. ZONING OFFICER ZO Slater has sent the board correspondence on March 23, 2006, regarding hiring Tricia Strickland, tech prep student, to fill the position of Kelly Ashworth who will be leaving after graduation in June. He said this is Kris Strickland's daughter; he has checked with personnel and there is nothing precluding hiring her. She was highly recommended by the Village of Dryden where she worked last summer and by Linda Bruno, business teacher at the high school. She was interviewed and her references were checked. Hiring rate will be minimum wage. Tricia is will be a senior at Dryden High in the fall and plans to attend TC3 after graduation in June 2007. ZO Slater said this program is a good opportunity to get young people involved in local government. ZO Slater said there would be an overlap with the two students of about a month. Board has no problem with this hire. The Town Hall project is moving along and they expect to have final construction documents by the end of the month and the utilities and associated site development documents in a similar time frame. Atty Perkins said when the plans are ready the board will need to hold a public information meeting, decide how it will be paid for (out of which funds and how much), and the board will have to adopt some resolutions that will be adopted subject to a permissive referendum, so there will be a thirty day period. CI Sumner said there was a plan last month for public information meetings for the remainder of the site and asked if there should be similar meetings for the Town Hall project. Atty Perkins said that was advisable. ZO Slater said all potential issues have been resolved favorably for the site. Page 38 of 46 T13 4- 13-06 Cl Christofferson said he and Cl Stelick are working with the architect to finalize details, but he would like feedback from the board on some things. They need to figure out the relationship between the engineer and the architect. 2O Slater asked if the board were willing to have special meetings if necessary to keep things moving, and they indicated they were. He hopes to be ready to break ground this summer, and when he has a complete package to take to the public he'll be in touch with the board. D Kwasnowski said they will have a committee meeting on the 25t1k and he hopes that after that meeting they will have a better idea of when they can have a public information meeting. Cl Christofferson said he'd like to do it as quickly as possible. D Kwasnowski said he thinks they have the NYSERDA benefits worked out and we should be in good shape for that. ENVIRONMENTAL PLANNER D Kwasnowski introduced Stan Marcus who currently serves on the Conservation Board and has agreed to serve on the Environmental Management Council. RESOLUTION #82 - APPOINT STANLEY MARCUS TO TOMPKINS COUNTY ENVIRONMENTAL MANAGEMENT COUNCIL Supv Trumbull offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby appoints Stanley Marcus as its representative on the Tompkins County Environmental Council. 2nd Cl Sumner Roll Call Vote Cl Christofferson Yes Cl Tier Yes Supv Trumbull Yes Cl Stelick Yes Cl Sumner Yes D Kwasnowski explained that the Stormwater Coalition (prior to the time he became involved) had decided to ask municipalities for a modest sum of money, and they will pool that money to create training programs for contractors and other builders and anyone else affected by stormwater regulations. In order to do that they have to be more organized than an ad hoc coalition. They have prepared an agreement that outlines what they intend to do. The board has not had an opportunity to review the agreement yet, and it must also be reviewed by each municipality's attorney. The board will address it: next month. D Kwasnowski said that a consultant has been picked by the County and the Transportation Council for the Route 13/366 Corridor Study. They will look at how that might be rezoned and they will do a build -out scenario with graphics. That will take a few months to complete and there will probably be several public meetings. The proposed stormwat:er ordinance has gone through the Planning Board and the Conservation Board with some recommendations. It is based on the State template. They will continue to work on it and D Kwasnowski noted there is lots of time, and it may work to our advantage to wait. With respect to the Renewal Energy Ordinance, D Kwasnowski said he put considerable work into this document, and borrowed language from other ordinances. He said he was asked to draft this after the Town was faced with Cornell's proposed wind farm. There has been an Page 39 ot'46 'rB 4 -13 -06 application for a residential windmill that was denied because there is no provision in our ordinance for it. The applicant took the matter to the Zoning Board of Appeals and that resulted in a letter from the ZBA Attorney to ZO Slater basically saying the Town needed to make a decision on what to do with this. D Kwasnowski said windmills have been on the landscape for a long time with some in the Town of Dryden. Collecting energy from the wind is not new technology. What are new are the NYSERDA grants available. It is a considerable investment that residents want to make on their property. There are also tax breaks available. He said he supports wind power as far as energy sources go and it is pretty low impact. A residential wind turbine basically converts energy that is on site. The basic issues are noise from operation, aesthetic impact on the landscape, radio signal interference if they are in the wrong place, bird and bat are the only animals affected (industrial size only), and the fall zone. There is also the FAA if in a fly zone. The other issue is public impression. D Kwasnowski says this proposed ordinance addresses these issues and is consistent with the laws we have to date, for example the town's telecommunications tower siting law. He said the Town's decision tonight is does it want to go forward %vith an ordinance, ban them outright or have a moratorium. It will be reviewed by the Conservation Board and Planning Board. The Conservation Board reviewed it Tuesday and it received a lot of discussion and mixed reviews. He said both Ally Perkins' and Ally Marcus' letters basically said either regulate them or ban them altogether. There are a lot. of things to work on and D Kwasnowski asked the board if they wanted to proceed. Cl Christofferson asked Ally Perkins about his suggestion for a moratorium and Ally Perkins said the advantage of having a moratorium is that it sends a clear message of "not now ", we are studying the issue about whether to regulate, and if we decide to regulate, what regulations we'll have. Cl Christofferson said he'd like to learn more about it. Ally Perkins has some information he %vill copy for the board. C1 Sumner suggested the ordinance could be written to limit the noise, and Ally Perkins said someone would then need to go measure it if there was a complaint. Carol Schmook, 3$1 Pelt Pleasant Rd, said they are trying to work with Renovus Energy to put up a windmill. She has given ZO Slater some studies on noise levels of residential windmills that indicate that once you are 50' away from the windmill there is no noise. He also has some studies on impact on birds that indicate almost no impact. She said NYSERDA has very strict regulations on fall zone. Their site would be in the middle of the property in a wooded area, and they have signed letters from almost all their neighbors in support of the project. They like the idea of being able to have clean, renewable power. She said with global warming, the environment, acid rain, and the situation with gas and oil prices, it will cost them a fair amount of money and will take them 10 to 1S years to make that money back, but it is something they can do. She asked the board to move on this matter as soon as possible and noted there is no need for a moratorium because at this point they are not allowed. Until the ordinance is passed, no one can have a windmill here. D Jacobs said he supports the windmills, but would like to separate the solar panels from that since he already has his system waiting to be installed. D Kwasnowski said it was his intent to have the ordinance so that a new ordinance would not have to be created whenever new technology came along, but with solar, generally speaking, people put a small panel on their roof, but they could be mounted on a 100' pole. ZO Slater said when he spoke to the Department of State they said they should be regulated the same, not selectively looked • at. Page 40 of 46 'rB 4 -13 -06 Cl Christofferson said this is the first opportunity the board has had to really discuss this and hear from residents. The board has to be prudent in looking at this and making good decisions for all residents. He said he didn't think it would take a long time to wrap it up, but he wants to give people time. D Kwasnowski said he expected to be able to do it in June or July. The Board asked that this be reviewed by the Conservation Board and Planning Board and present their comments. Barbara Caldwell said she would have it on the Planning Board agenda for next week. Atty Perkins suggested the Conservation Board and Planning Board ask for public comment. He also said it is premature to be talking about the necessary form of it; that there is more work to be done before you get to the form of it. B Caldwell said if D Kwasnowski can get an email out to the Planning Board members, they can at least give it some preliminary discussion at their next meeting, but she is not sure they will be able to make recommendations, though she is sure they will be able to make some decision by the May meeting. Dan Roy of Renovus Energy, Inc., the company that will install the Schmook windmill, said they have a few of the same unit installed around the area (Harford, Moravia, Enfield) and invited anyone to visit those sites. TOWN CLERK Town Clerk Bambi Hollenbeck asked the board to approve last month's minutes. RESOLUTION 083 - APPROVE MINTUES Cl Sumner offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the minutes of the March 9, 2006 Town Board meeting. 2nd Supv Trumbull Roll Call Vote Cl Christofferson Yes Cl Tier Yes Supv Trumbull Yes Cl Stelick Yes Cl Sumner Yes B Hollenbeck reported that tax collection March 31 , 2006, and provided the board with a statement: of the amounts collected and outstanding and disbursements. She noted that although the unpaids were returned to the County two months earlier, the dollar amount of unpaids remain pretty much the same, however the Town collected about $4,000 less in penalties. DISCUSSION The board considered a resolution to change the appointment of the Recreation Coordinator from provisional to permanent because Jennifer Dube passed the civil service exam. Lisa Stelick congratulated J Dube on the appointment and thanked her for the enormous amount of hours she devotes to the position for the town and community. RESOLUTION #84 - RECREATION COORDINATOR APPOINTMENT Cl Christofferson offered the following resolution and asked for its adoption: Page 41 of 46 TB 4 -13 -06 WHEREAS, the Town of Dryden established the position of Recreation Coordinator in accordance with applicable New York State laws and the Civil Service Rules for Tompkins County; and WHEREAS, said position is established in the competitive class pursuant to Section 44 of the Civil Service Law and the Civil Service Rules for Tompkins County, which requires the individual occupying the position to pass a civil service exam; and WHEREAS, Jennifer Dube took and passed the required exam for this position; NOW, THEREFORE, BE IT RESOLVED, that this Town Board does hereby appoint, in accordance with applicable Civil Service laws, rules and regulations, Jennifer Dube to permanent competitive class status in the title of Recreation Coordinator. 2nd Cl Stelick Roll Call Vote Cl Christofferson Yes Cl Tier Yes Supv Trumbull Yes Cl Stelick Yes Cl Sumner Yes RESOLUTION #85 - APPROVE BUDGET MODIFICATION Cl Stelick offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the following budget modification: The sum of $519.38 from A1990.4 (contingency) to A1010.4 Town Board Contractual, for town board member attendance at the annual NYS Association of Towns meeting. 2nd C1 Sumncr Roll Call Vote Cl Christofferson Yes Cl Tier Yes Supv Trumbull Yes C1 Stelick Yes Cl Sumner Yes The Board discussed TC3's request that the Town of Dryden assume responsibility for issuing the building permits and providing code reviews and construction inspections at $37 per hour up to a maximum of $8,000. Atty Perkins said the Town has a contract with the Village of Dryden which provides for the same kinds of services at a different rate, and if the Town were going to perform this servic=e for TC3 they should charge the same rate. He also asked whether this had been discussed with the Town's insurance carrier and noted that the Town is not responsible for TC3 as far as issuing permits and performing inspections. The Town enjoys qualified immunity from lawsuits when performing a statutory duty and this would not be a statutory duty, but a contractual duty. So if something were to go wrong with an inspection, etc., the Town would have some exposure and could be liable. He said if the Board were considering doing this, they should consult the insurance carrier and then have an agreement with the college regarding responsibilities. Page 42 of 46 TB 4 -13 -06 ZO Slater said that the Town certainly has no responsibility to perform this service, but TC3 had requested the Town do it because apparently the County doesn't have sufficient staff available to do the work and that resulted in the request. He had explained to Dean Ross that it was up to the board. ZO Slater said he doesn't want to cause a potential financial burden. Supv Trumbull mentioned that TC3 is going to pay $34,000 for two manholes for the Cortland Road Sewer District. Cl Stetick proposed that the hourly rate charged be the same as charged to the Village of Dryden, and that the board leave the decision to the Supervisor, based on approval by the insurance carrier and the Town Attorney. Martha Robertson said she is on the Health and Human Services Committee and people from Bolton Point had met with them to talk about user fees. Cornell and City of Ithaca are also subject to the same fees. She explained there was a big increase in fees from one year to the next with very little notice. She had suggested that there be some negotiation on the first year of those fees, but the people from Bolton Point were not interested in discussing it. That option may still be available if Bolton Point were interested. The County did have legal advice regarding the fees that were set and they looked at: how other counties determine their fees. She said it seems that what they've done is legal, the City Attorney and Cornell Attorney have determined it is legal. There are different ways in which to set fees. The County changed the way of calculating the fees, and if the Bolton Point fees were going to be changed, they'd have to also change the Cornell and City fees, and if they lowered fees for the big users, they'd have to raise the fees for small users because the Health Department has to recoup a certain amount. Their overall fee schedule had been lower than the State was suggesting. Supv Trumbull said they had met once a month for two years and now they've decided to make a resolution and now all of a sudden they are getting the reasons why. They have not had that explanation. M Robertson said her understanding was that staff had dealt with it up until this point, because she was chair of that committee for a few years and it never came to the committee until two months ago. She was confused about why it didn't come to them before it got to this point, but had been going on at the staff level. Supv Trumbull said they were going to talk about it in executive session. Cl Stelick asked whether the County was charging what the State was telling them to or charging more. M Robertson said they were charging at the level the State recommended. Now every system user gets charged a flat fee of $100 and on top of that there is a per person served charge. She said it is a judgment call how you choose to distribute the costs. She said the fees cover 20% of the costs and that is the level the State recommends they use. The County had been covering 16 %. She said she would have liked to do something different to transition in the first year, but the idea didn't get any response. Cl Christofferson said he has had a couple of residents call him who said they have been told by Time Warner that they can't receive cable service because the Town doesn't have a contract with Time Warner, and they are beyond the per home requirement. He said the Town should look into providing wireless service to residents. Cl Sumner and Cl Christofferson will meet to discuss the areas that not served and possible resolutions. Cl Stelick and Cl Sumner have had a meeting with John Bailey regarding the Town's insurance coverage and the possibility of going with NYMIR. They will meet again after they have more information. With respect to the Dryden -Freeville Trail, D Kwasnowski reported that Barton & Loguidice will move ahead and send the final design report to NYS DOT. The Board discussed the Beam Hill Radio Tower Lease the town currently has with Dryden Central School District, Neptune Hose Company and Cornell Teaching and Research Center. The tower is used by the Town Highway Department, Village of Dryden, Dryden School Page 43 of 46 T13 4 -13 -06 bus garage, and Cornell. Neptune has not paid its $150 annual fee the past few years. Atty Perkins said the reason the agreement was originally set up this way was because the Town can't make a gift of the use of town property to a private entity like the Fire Department or Cornell, and that's why the nominal amount came up. It is a long -term lease; was subject to a permissive referendum. The rates haven't been raised and it was intended simply to be a nominal amount, at that time deemed to be a fair and reasonable consideration for the space. J Bush said his department keeps the site maintained, and it is his understanding that Cornell is to maintain the tower, which currently is in need of repair. He believes this is something that needs to be addressed. Atty Perkins said as long as you address the fire department's use of the tower, even if it is in the fire protection contract, it could be part of the consideration that they don't pay. The board would need to determine that the fair and accurate consideration for the use of the property is expressed in the contract; it can be adjusted that way (for providing fire protection they get to use the tower). The board's position is that the fire department should pay what is due and they will address the matter in the contract next year. Jeff Kirby said if there is an issue with failure to maintain the structure, the Town could send their qualified consultant to make an inspection and write a report to be forwarded to Cornell with a directive to repair it. The board discussed a voucher submitted for programs at the Ellis Hollow Community Center by the center. There was $25,000 in the budget that was for improvements and /or repairs at community centers. Cl Stelick said that was not really his intent, and further explained that he felt this was within the realm of the intent to open the center to all town residents, and that the long -range goal is to have specific line items in the recreation budget for each of the community centers. Cl Christofferson said he thought the money was intended for capital improvements or major improvements, not program funds. It was noted that not only members of the center attended the March madness activities. After further discussion, the board agreed the voucher was to be paid. J Dube noted there would be an additional related voucher in the amount of $250. Cl Sumner said they need to designate a specific amount of money for programs for the community centers. Cl Christofferson asked J Dube to look at her budget and let the board know how much she needs. Cl Stelick said he will be meeting with representatives of the Ellis Hollow Community Center and Thoma Development to see what opportunities there are for the center. D Kwasnowski said that he will do a stormwater presentation at the May meeting and asked to do it earlier in meeting than his regular slot. RESOLUTION #86 - APPROVE ABSTRACT #4 Cl Christofferson offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves Abstract #4, as audited, vouchers #222 through #314, totaling $275,894.83. 2^d Tier Roll Call Vote Cl Christofferson Yes Cl Tier Yes Supv Trumbull Yes Cl Stelick Yes Cl Sumner Yes Page 44 of 46 TB 4 -13 -06 On motion made, seconded and unanimously carried, the board moved into executive session at 11:20 p.m. to discuss matters of litigation. The board moved back into regular session at 11.50 p.m. and passed the following resolution. RESOLUTION #87 - AUTHORIZING COMMENCEMENT OF LEGAL PROCEEDINGS AGAINST TOMPIGNS COUNTY REGARDING FEES CHARGED FOR REGULATORY SERVICES Supv Trumbull offered the following resolution and asked for its adoption: WHEREAS, the town of Dryden, together with the towns of Ithaca and Lansing, and the villages of Cayuga Heights and Lansing by Agreement of Intermunicipal Cooperation have formed the Southern Cayuga Lake Intermunicipal Water Commission (the "Commission "); and WHEREAS, the Commission is charged fees I y Tompkins County (the "County ") for regulatory services provided by the County's Health Department to assure water quality and the Commission's compliance with applicable wager quality and processing laws and regulations; and WHEREAS, until 2003 the annual fee charged for such services was $600; and WHEREAS, the County unilaterally, without consultation with the Commission, increased the fee charged in 2004 to $6730 and again in 2005 to $7920, or more than 13 times the amount charged in 2003; and WHEREAS, other smaller water system operators pay fees as little as $120 per year; Is and WHEREAS, the Commission has been advised that regulatory fees charged by a County need to bear some correlation to the cost of the regulating activities; and WHEREAS, the County has stated that formula for calculating its fee structure is not based upon the cost to the County of providing the services to each class of water system operator, but rather upon the number of customers served by each water system operator; and WHEREAS, the County's own materials indicated that the cost of providing regulatory services to the Commission is not anywhere near 66 times greater than the cost of providing the service for a small operator, yet the fee charged the Commission is 66 times more than the fee charged smaller operators; and WHEREAS, the Commission has met with County officials and the County Health Department Board and expressed its concern with the fee structure and the illegality and unfairness of the structure, and requested a change in the fees; and WHEREAS, the County has, to date, refused to rectify the inequities and illegalities of the fees being charged and does not show any evidence that it will, in the future, reduce the inequities in its fee structure; and WHEREAS, to date the Commission has refused to pay the charges assessed against: it; and WHEREAS, if no action is taken by the Commission, the unpaid charges will continue to accumulate and the Commission's ability to challenge such charges may become time • barred; and Page 45 of 46 "113 4 -13-06 WHEREAS, because of the County's refusal to entertain changes to its fee structure, it appears the only way for the Commission to rectify the situation is to seek a judicial determination by a court as to the legality of the charges assessed by the County; and WHEREAS, the Commission has authorized the Commission's attorneys to commence a legal proceeding against the County for relief from the County's fee structure; and WHEREAS, if the fee structure is not altered, the Town of Dryden customers will, through expense deductions in the Commission's budget, be required to pay a proportionate share of such improper regulatory fees; NOW THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Dryden concurs with the Commission's decision to commence of a legal action or proceeding seeking alteration of the County's fee structure for regulatory services performed by the County Health Department for the Commission and authorizes the commencement of such a legal action or proceeding; and it is further RESOLVED, that the Town of Dryden join in the lawsuit as a petitioner - plaintiff and authorizes the firm of Barney, Grossman, Dubow & Marcus to represent such municipality in such action or proceeding; and it is further RESOLVED, that the Town Board authorizes the Supervisor and Clerk to take such further actions, and to sign on behalf of the Town of Dryden, any affidavits, pleadings, or other documents deemed by either of them to be necessary or desirable to prosecute such lawsuit and to effectuate the intent of the foregoing resolutions. 2nd Cl Tier Roll Call Vote Cl Christofferson Yes Cl Tier Yes Supv Trumbull Yes Cl Stelick Yes Cl Sumner Yes On motion duly made, seconded and unanimously carried, the meeting was adjourned at 11:52 p. in. Respectfully submitted, 1)G5,' A��'1 LG•,t�c Bambi L. Hollenbeck Town Clerk Page 46 of 46 DRYDE�N TOWN BOARD MEETING Thursday, April 13, 2006 at 7:00 p.m. 1) Call Meeting to Order 2) Pledge of Allegiance 3) Roll Call 4) Public Hearings 7 :00 p.m. Local Law Establishing the Town of Dryden Policy on Notification Upon the Unauthorized Release of Private Information 7:10 p.m. Local Law Regulating Sites of Telecommunications Tower, Antennae, and Related Facilities 7:20 p.m. Local Law Repealing Law No. 2 of 1998 and Local Law No. 4 of 2004 (the Town's current telecommunication law) 7:30 p.m. Site Plan Review Modification Hearing — Expand Existing Broadcast Studio Cayuga Radio Group —1751 Hanshaw Rd 7 :45 p.m. Special Use Permit — Expand Existing Telecommunication Tower Vcrizon Wireless, Telecommunication Carrier — 1387 Dryden Rd 8:00 p.m. Cayuga Press Moving to Cortland 5) Agenda Item a) Etna Fire Department 6) Citizens Privilege 7) Town Highway Superintendent/Department of Public Works a) Agreement to spend Town Highway Funds 8) . County Briefing 9) Engineering 10) recreation Department a) Resolution Kiwanis Contract b) Resolution Fundraising Account Setup c) Skateboard Park Update 1 1) Attorney 12) Zoning Officer a) Approval of Tech Prep Candidate b) 'Down Hall Project 13) Environmental Planner a) Renewable Energy Ordinance b) Stormwater Ordinance c) ISP Bandwidth Conversion & Increase Request d) GI.S Intern Continued on back Presenter J Bush County Repr, D Putnam I Dube N1 Perkins H Slater D Kwasnowski 14) Town Clerk B Hollenbeck a) Approve iV9arch minutes go 15) Discussion a) Resolution to change appointment of Recreation Coordinator from Provisional to Permanent b) Resolution to approve budget modification c) Bolton Point's Health Department fees Resolution d) TO Agreement Ior "Zoning Department Services e) Planning Board'Member Replacement f) Cortland Road Sewer Contract g) Time Warner Contract h) Etna Contract i) NYMIR Insurance j) Dryden 'frail k) Beam Hill Radio Tower Lease 16) Approve Abstract # 4 17) Future Agenda Items 18) Executive Session = if necessary