HomeMy WebLinkAbout2019-01-02TB 1-2-19
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TOWN OF DRYDEN
TOWN BOARD MEETING
January 2, 2019
Present: Supervisor Jason Leifer, Cl Kathrin Servoss, Cl Alice Green,
Cl Linda Lavine
Absent: Cl Daniel Lamb
Elected Officials: Bambi L. Avery, Town Clerk
Other Town Staff: Ray Burger, Director of Planning
Ryan McHugh, Supervisor’s Secretary
Supv Leifer called the meeting to order at 5:35 p.m.
Ray Burger presented an amendment to the town’s Telecommunications Tower Siting
Law (attached). The board set a public hearing on adoption of that proposed local law for
January 17, 2019 at 7:00 p.m.
Supv Leifer asked whether an application has been received to reopen the Special Use
Permit in connection with the Lee Road matter. R Burger stated no application has been
received.
RESOLUTION #1 (2019) – RULES OF PROCEDURE
Supv Leifer offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board use Town Law Section 63. That section reads as
follows:
“The supervisor, when present, shall preside at the meetings of the town board. In the absence
of the supervisor, the other members shall designate one of their members to act as temporary
chairman. A majority of the board shall constitute a quorum for the transaction of business,
but a lesser number may adjourn. The vote upon every question shall be taken by ayes and
noes, and the names of the members present and their votes shall be entered in the minutes.
Every act, motion or resolution shall require for its adoption the affirmative vote of a majority of
all the members of the town board. The board may determine the rules of its procedure, and
the supervisor may, from time to time, appoint one or more committees, consisting of members
of the board, to aid and assist the board in the performance of its duties.”
2nd Cl Lavine
Roll Call Vote Cl Lavine Yes
Cl Green Yes
Cl Servoss Yes
Supv Leifer Yes
RESOLUTION #2 (2019) – OFFICIAL ADVERTISING
Supv Leifer offered the following resolution and asked for its adoption:
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RESOLVED, that this Town Board designate The Ithaca Journal as the official
newspaper of the Town of Dryden for the year 2019.
2nd Cl Green
Roll Call Vote Cl Lavine Yes
Cl Green Yes
Cl Servoss Yes
Supv Leifer Yes
RESOLUTION #3 (2019) – DESIGNATE OFFICIAL DEPOSITORIES
Supv Leifer offered the following resolution and asked for its adoption:
RESOLVED, that the Town Board designate The First National Bank of Dryden and the
Tompkins Trust Company as the official depositories for the Town of Dryden for the year 2019.
2nd Cl Servoss
Roll Call Vote Cl Lavine Yes
Cl Green Yes
Cl Servoss Yes
Supv Leifer Yes
RESOLUTION #4 (2019) – APPOINTMENTS
Supv Leifer offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby makes the following appointments:
▪ Bambi L. Avery as Receiver of Taxes and Assessments.
▪ Bambi L. Avery as licensor for Games of Chance and Bingo.
▪ Town Supervisor has the power and duties of administration and supervision of the
Town of Dryden Special Improvement District functions to be performed on behalf of
the Town Board
▪ Town Supervisor has the power and duties of administration and supervision of the
Town of Dryden on Special Assessment Fund functions to be performed on behalf of
the Town Board.
2nd Cl Green
Roll Call Vote Cl Lavine Yes
Cl Green Yes
Cl Servoss Yes
Supv Leifer Yes
RESOLUTION #4 (2019) – AUTHORIZATIONS
Supv Leifer offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby authorizes the following individuals to sign on
Town of Dryden accounts: Jason Leifer, Bambi L. Avery, Lee Ann Parker, and Chrystle
Terwilliger, and further
RESOLVED, that this Town Board authorizes the Supervisor to pay in advance of the
audited claims the utility bills, any sewer/water district payments, and postage cost for
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purpose of mailing tax bills, all claims to be presented at the next regular board meeting, and
further
RESOLVED, that this Town Board authorize a petty cash fund for the Town Clerk not to
exceed $200.00, and Receiver of Taxes and Assessments not to exceed $200.00, as needed for
postage, and Justice's petty cash fund not to exceed $100.00, and for the Recreation
Department not to exceed $200.00 for the year 2019, and further
RESOLVED, that mileage will be paid to Town officials and employees when using their
own car for official town business (other than town meetings or travel to and from the job site)
at the rate set by the Internal Revenue Service and Treasury Department, and further
RESOLVED, that the annual salaries for Town Officers as stated in the 2019 General
Town Budget be as follows:
Supervisor $27,000.00
Councilperson (4) $30,00.00 ($7,500.00 each)
Town Clerk $35,000.00
Highway Superintendent $73,107.00
Town Justice $43,106.00 ($21,553 each)
Deputy Supervisor $1,500.00
And the Supervisor is authorized to pay the above salaries, and further
RESOLVED, that the Town Board does hereby adopt the 2019 wages that were
discussed and agreed upon during the budget process, and furt her
RESOLVED, that the Justices be authorized to attend training schools during the year
and will be reimbursed for actual expenses, and further
RESOLVED, that because the Highway Superintendent, Deputy Highway
Superintendent, and Assistant Superintendent of Public Works are on call 24 hours a day,
seven days a week, the Dryden Town Board authorizes the use of town vehicles clearly marked
with the Town of Dryden logo for travel to and from work, provided they are not used for
personal use, and further
RESOLVED, that this Town Board authorize the Town Supervisor to write to the New
York State Office of the State Comptroller and request a 60 day exte nsion for the filing of the
2018 annual update document, if necessary.
2nd Cl Servoss
Roll Call Vote Cl Lavine Yes
Cl Green Yes
Cl Servoss Yes
Supv Leifer Yes
RESOLUTION #5 (2019) – APPOINTMENTS AND AUTHORIZATIONS
Supv Leifer offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board appoint the following:
▪ TG Miller Engineers & Surveyors as Town Engineer
▪ True, Walsh & Sokoni as Town Attorneys
▪ Jennifer Case as Bookkeeper
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▪ Jason Leifer as Budget Officer
▪ Bambi L. Avery as Marriage Officer for a term to expire December 31, 2019.
2nd Cl Green
Roll Call Vote Cl Lavine Yes
Cl Green Yes
Cl Servoss Yes
Supv Leifer Yes
RESOLUTION #6 (2019) – PLANNING BOARD APPOINTMENTS
Supv Leifer offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby reappoints Craig Anderson to the Planning
Board for a term to expire December 31, 2024, and James Skaley to serve as alternate to the
Planning Board for 2019, and John Kiefer as Chair of the Planning Board for 2019. The Chair
will be paid an annual stipend of $500.00.
2nd Cl Lavine
Roll Call Vote Cl Lavine Yes
Cl Green Yes
Cl Servoss Yes
Supv Leifer Yes
RESOLUTION #7 (2019) – CONSERVATION BOARD APPOINTMENT
Supv Leifer offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby appoints Robert Beck, Peter Davies, Timothy
Woods, Anne Clark and David Wilson to the Conservation Board with terms to expire December
31, 2021, and Milo Richmond to serve as alternate for 2019.
2nd Cl Green
Roll Call Vote Cl Lavine Yes
Cl Green Yes
Cl Servoss Yes
Supv Leifer Yes
RESOLUTION #8 (2019) – APPOINT DRYDEN RECREATION & YOUTH
COMMISSION MEMBERS
Supv Leifer offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby Rhonda Kowalski and Patrick Brunner to the
Recreation & Youth Commission for terms to expire December 31, 2021.
2nd Cl Green
Roll Call Vote Cl Lavine Yes
Cl Green Yes
Cl Servoss Yes
Supv Leifer Yes
RESOLUTION #9 (2019) – APPOINT ZONING BOARD OF APPEALS MEMBERS
Supv Leifer offered the following resolution and asked for its adoption:
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RESOLVED, that this Town Board hereby makes the following appointments to the
Zoning Board of Appeals: Henry Slater for a term to expire December 31, 2023, and Jeffrey
Fearn as Chair for 2019. The Chair will be paid an annual stipend of $500.00.
2nd Cl Green
Roll Call Vote Cl Lavine Yes
Cl Green Yes
Cl Servoss Yes
Supv Leifer Yes
RESOLUTION #10 (2019) – AG COMMITTEE APPOINTMENTS
Supv Leifer offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby appoints Evan Carpenter and Steve Foote to
the Agriculture Advisory Committee terms to expire December 31, 2021, and Evan Carpenter
as Chair of the Committee.
2nd Cl Green
Roll Call Vote Cl Lavine Yes
Cl Green Yes
Cl Servoss Yes
Supv Leifer Yes
RESOLUTION #11 (2019) – APPOINTMENTS
Supv Leifer offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby makes the following appointments:
• Historian – Harry Weldon, to be paid an annual stipend of $500.00.
• Fair Housing Officer – Ray Burger
• Stormwater Management Officer – David Sprout
• Zoning Officer – Ray Burger
2nd Cl Green
Roll Call Vote Cl Lavine Yes
Cl Green Yes
Cl Servoss Yes
Supv Leifer Yes
RESOLUTION #12 (2019) – APPOINT FIRE WARDEN
Supv Leifer offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby appoints Patrick Brunner as Fire Warden and
Steve Cortright as Deputy Superintendent of Fires.
2nd Cl Servoss
Roll Call Vote Cl Lavine Yes
Cl Green Yes
Cl Servoss Yes
Supv Leifer Yes
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RESOLUTION #13 (2019) – APPOINT DOG CONTROL OFFICERS
Supv Leifer offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby appoints Richard Leonard and Thelma Hefner
to serve as Dog Control Officers.
2nd Cl Servoss
Roll Call Vote Cl Lavine Yes
Cl Green Yes
Cl Servoss Yes
Supv Leifer Yes
RESOLUTION #14 (2019) – APPOINTMENTS
Supv Leifer offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby makes the following appointments:
▪ Tompkins County Council of Governments: Cl Lavine as representative and Supv
Leifer as alternate.
▪ Greater Tompkins County Municipal Health Insurance Consortium: Kathrin
Servoss as representative and Jennifer Case as alternate board member, and
Kathrin Servoss as representative and Jennifer Case as alternate to the Joint
Committee on Plan Structure and Design.
▪ Ithaca Tompkins County Transportation Council: Ray Burger as representative
and Kathrin Servoss as alternative to the Planning Committee, and Kathrin Servoss
as representative and Ray Burger as alternate to the Policy Committee.
▪ Southern Cayuga Lake Intermunicipal Water Commission: Jack Rueckheim and
Supv Leifer
▪ Ithaca Area Wastewater Treatment Facility: Supv Leifer as representative and Cl
Lavine as alternate
▪ Recreation Partnership: Cl Green
2nd Cl Servoss
Roll Call Vote Cl Lavine Yes
Cl Green Yes
Cl Servoss Yes
Supv Leifer Yes
RESOLUTION #15 (2019) - CONTRACTS
Cl Leifer offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby approves the following contracts for the
amounts indicated and authorizes the Town Supervisor to execute the same and pay under the
terms of the contract:
a. Dog Control Kennel ($39,129)
b. Neptune Fire Department ($350,000)
c. Freeville Fire Department ($172,900)
d. Varna Fire Department ($275,000)
e. Brooktondale Fire Department ($29,106)
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f. Dryden Ambulance ($432,770)
g. Gadabout ($7,000)
h. Dryden Seniors ($1,200)
i. Southworth Library ($12,000)
j. Dryden Town Historical Society ($1,100)
k. Dryden Veterans Memorial Home, Inc. ($1,000)
l. Community Science Institute ($10,550)
m. Town of Caroline – Brooktondale Gauge Station ($2,650)
n. Youth Services ($35,171)
2nd Cl Green
Roll Call Vote Cl Lavine Yes
Cl Green Yes
Cl Servoss Yes
Supv Leifer Yes
RESOLUTION #16 (2019) – TOWN BOARD MEETING SCHEDULE
Supv Leifer offered the following resolution and asked for its adoption:
RESOLVED, that the Dryden Town Board will hold its abstract and agenda meeting on
the second Thursday of each month at 6:00 p.m. and its regular business meeting on the third
Thursday of each month at 6:00 p.m. at the Town Hall, 93 East Main Street, Dryden, except
that the January 2019 meetings will be held at 7:00 p.m.
2nd Cl Lavine
Roll Call Vote Cl Lavine Yes
Cl Green Yes
Cl Servoss Yes
Supv Leifer Yes
RESOLUTION #17 (2019) - VOUCHER/INVOICE SUBMISSION DEADLINES
Supv Leifer offered the following resolution and asked for its adoption:
RESOLVED, that vouchers/invoices shall be submitted to the Supervisor's Office for
processing and payment ten days prior to the regularly scheduled board meeting each month
as follows:
Voucher/Invoice Submission
Deadline Dates (by Noon) For Abstract Date:
January 4, 2019 Thursday, January 10, 2019
February 4, 2019 Thursday, February 14, 2019
March 4, 2019 Thursday, March 14, 2019
April 1, 2019 Thursday, April 11, 2019
April 29, 2019 Thursday, May 9, 2019
June 3, 2019 Thursday, June 13, 2019
July 1, 2019 Thursday, July 11, 2019
July 29, 2019 Thursday, August 8, 2019
September 3, 2019 Thursday, September 12, 2019
September 30, 2019 Thursday, October 10, 2019
November 4, 2019 Thursday, November 14, 2019
December 2, 2019 Thursday, December 12, 2019
If any submission date above shall fall on a holiday the deadline will be the following day.
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Dates for submission of vouchers for abstract 13 to be determined; check with the bookkeeper
toward the end of the year.
2nd Cl Servoss
Roll Call Vote Cl Lavine Yes
Cl Green Yes
Cl Servoss Yes
Supv Leifer Yes
RESOLUTION #18 (2019) - INVESTMENT POLICIES/GUIDELINES FOR TOWN OF DRYDEN
Supv Leifer offered the following resolution and asked for its adoption:
RESOLVED, that the objectives of the Investment policy of the Town of Dryden are to
minimize risk; to insure that investments mature when the cash is required to finance
operations; and to insure a competitive rate of return. In accordance with this policy, the
Supervisor is hereby authorized to invest all funds including proceeds of obligations and
reserve funds in:
- Certificates of Deposit issued by a bank or trust company authorized to do business in New
York State;
- Time Deposit Accounts in a bank or trust company authorized to do business in New York
State:
- Obligations of New York State;
- Obligations of the United States Government;
- Only reserve funds may be invested in Obligations of the Town of Dryden.
All other Local Government officials receiving money in their official capacity must deposit such
funds in negotiable order of withdrawal account s.
All investments made pursuant to this investment policy shall comply with the following
conditions:
1. COLLATERAL
a. Certificates of Deposits shall be fully secured by insurance of the Federal Deposit
Insurance Corporations or by obligations of New York State or obligations of the United
States or obligations of federal agencies, the principal and interest of which are
guaranteed by the United States, or obligations of New York State local governments.
Collateral shall be delivered to the Town of Dryden or a custodial bank. The market
value of collateral shall at all times equal or exceed the principal amount of the certificate
of deposit. Collateral shall be monitored no less frequently than quarterly.
b. Collateral shall not be required with respect to the direct purchase of obligations of New
York State, obligations of the United States, and obligations of federal agencies the
principal and interest of which are guaranteed by the United States Government.
2. DELIVERY OF SECURITIES
a. Payment shall be made by or on behalf of the Town of Dryden for obligations of New York
State, the principal and interest of which are guaranteed by the United States. United
States Obligations, certificates of deposits, and other purchased securities upon delivery
thereof to the custodial bank. All transactions shall be confirmed in writing.
3. WRITTEN CONTRACTS
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a. Written contracts may be required for the purchase of all certificates of deposit.
4. DESIGNATION OF CUSTODIAL BANK
a. The First National Bank of Dryden and Tompkins Trust Company, both authorized to do
business in the State of New York, and having an office for the transaction in the Town of
Dryden, are designated to act as custodial banks of the Town of Dryden ’s investments.
5. FINANCIAL STRENGTH OF INSTITUTIONS
a. All trading partners must be credit worthy. Their financial statements may be reviewed
annually by the Supervisor to determine satisfactory financial strength or the Supervisor
may use credit rating agencies to determine credit worthiness.
b. Investments in time deposits and certificates of deposits are to be made with banks or
trust companies. Their annual reports may be reviewed by the Supervisor to determine
satisfactory financial strength.
6. OPERATIONS, AUDIT AND REPORTING
a. The Supervisor or Deputy Supervisor shall authorize the purchase and sale and execute
contracts for certificates of deposit on behalf of the Town of Dryden.
b. At the time independent auditors conduct the annual audit of the accounts and financial
affairs of the Town of Dryden, the independent auditors shall audit the investments of the
Town of Dryden for compliance with the provisions of this investment policy.
c. Within sixty (60) days of the end of each of the first three quarters of the fiscal year, the
Supervisor shall prepare and submit to the Town Board a quarterly investment report,
which indicates the new investments, the inventory of existing investments, and such
other matters as the Supervisor deems appropriate.
d. Within 120 days of the end of the fiscal year, the Supervisor shall prepare and submit to
the Town Board an annual investment report; recommendations for change in these
investment guidelines; the results of the annual independent audit, the investment
income record; and such other matters as the Supervisor deems appropriate.
At least annually, at the Organizational meeting of the Dryden Town Board, the board shall
review and amend, if necessary these investment policies.
The provisions of these Investment Guidelines and any amendments hereto shall take
effect prospectively and shall not invalidate the prior selection of any Custodial Bank or prior
investment.
2nd Cl Servoss
Roll Call Vote Cl Lavine Yes
Cl Green Yes
Cl Servoss Yes
Supv Leifer Yes
RESOLUTION #19 (2019) – ADOPT PROCUREMENT AND PURCHASING POLICIES
Supv Leifer offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby adopts the Procurement and Purchasing
Policies, as follows:
Procurement Policy
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This resolution sets forth the policy and procedures of the Town of Dryden to meet the
requirements of General Municipal Law, section 104-b.
Purpose
Goods and services that are not required by law to be procured pursuant to competitive
bidding must be procured in a manner as to assure the prudent and economical use of public
moneys in the best interest of the taxpayers; to facilitate the acquisition of goods and services
of maximum quality at the lowest possible cost under the circumstances; and to guard a gainst
favoritism, improvidence, extravagance, fraud, and corruption. To further these objectives, the
governing board is adopting an internal policy and procedures governing all procurements of
goods and services which are not required to be made pursuant to the competitive bidding
requirements of General Municipal Law, section 103 or of any other general, special, or local
law.
Procedures for Determining Whether Procurements are Subject to Bidding
The procedures for determining whether a procurement of goods or services is subject to
competitive bidding and documenting the basis for any determination that competitive bidding
is not required by law is as follows:
Procedure:
a. Each proposed purchase must be initially reviewed to determine whether it is a purchase
contract or a public works contract.
b. Upon determination, a good faith effort shall be made to determine whether it is known
or can reasonably be expected the aggregate amount to be spent on the item of supply or
service is not subject to competitive bidding, taking into account past purchases and the
aggregate amount to be spent annually.
c. The following items are not subject to competitive bidding pursuant to Section 102 of the
General Municipal Law: purchase contracts under $10,000; public works contracts under
$35,000; emergency purchases; goods purchased from agencies for the blind or severely
handicapped; goods purchased from correctional institutions; purchases under State and
county contracts; and surplus and second-hand purchases from another governmental
entity.
d. For purchases determined to be exempt from competitive bidding, documentation of this
determination shall be provided in writing by the individual making the purchase. This
documentation may include written or verbal quotes from vendors, a memo from the
purchaser indicating how this determination was made, a copy of the contract indicating
the source making the item or service exempt, a memo from the purchaser detailing the
circumstances leading to an emergency purchase, or any other appropriate written
documentation.
e. This policy will apply to all equipment rentals made throughout the year.
Statutory Exceptions from Quotations/Proposals Requirements of This Policy and
Procedures
Except for procurements made pursuant to General Municipal Law, section 103(3) (through
county
contracts) or section 104 (through State contracts), State Finance Law, section 162, Correction
Law, sections 184 and 186 (from “preferred sources,” including articles manufactured in
correctional institutions), or the items excepted herein (see below), alternative proposals or
quotations for goods and services shall be secured by use of either written requests for
proposals, written quotations, verbal quotations or any other method of procurement that
furthers the purposes of the General Municipal Law, section 104-b.
Methods of Competition to be Used for Non-Bid Procurements
The methods of procurement to be used are as follows:
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The time and documentation required to purchase goods and services under $1,000.00 via this
policy may be more costly than the item itself and would therefore not reflect the best interests
of the taxpayer. In addition, it is not likely such de minimis contracts would be awarded based
on favoritism.
All goods and services subject to this procurement policy will be secured by use of written
requests for proposals, written quotations, verbal quotations, or any other method which assures
favoritism will be avoided and goods will be purchased at the lowest price, except in the following
circumstances: purchase contracts over $10,000 and public works contracts over $35,000;
which are required to be competitively bid.
The following are the minimum requirements necessary for purchases and/or equipment rentals expected to exceed $1,000
in one year as required by this policy in order to achieve the highest savings:
Amount of Purchase Contract or Rental (under $10,000) Method
Under $2,500 No action required
$2,501 - $4,999 2 Verbal quotations or catalog pricing
AND obtain a Purchase Order from
Bookkeeper
$5,000 -$9,999 3 Written/fax quotations,
or written requests for
proposals or catalog pricings
Estimated Amount of Public Works Contract (under $35,000) Method
Under $2,500 No action required
$2,501 - $9,999 2 Written/fax quotations
$10,000 - $34,999 3 Written/fax quotations or
written requests
for proposals
A good faith effort shall be made to obtain the required number of proposals or quotations. If the
purchaser is unable to obtain the required number of proposals or quotations, he or she will
document all attempts made to obtain proposals.
Awards to Other than the Lowest Responsible Dollar Offerer
Whenever any contract is awarded to other than the lowest responsible dollar offerer, the
reasons that such an award furthers the purpose of General Municipal Law, section 104-b, as
set forth herein above, shall be documented as follows:
Documentation will include an explanation of how the awarded contract will achieve savings or
how the lowest bidder was not responsible. Determination of a bidder being declared not
responsible shall be made and documented by the purchaser.
Items Excepted From This Policy and Procedures by the Board
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The board sets forth the following circumstances when, or types of procurements for which, in
the sole discretion of the governing body, the solicitation of alternative proposals or quotations
will not be in the best interest of Town of Dryden.
a. Professional services or services requiring special or technical skill, training or expertise.
The individual or company must be chosen based on accountability, reliability,
responsibility, skill, education and training, judgment, integrity, and moral wort h. These
qualifications are not necessarily found in the individual or company offering the lowest
price and the nature of these services is such that they do not readily lend themselves to
competitive procurement procedures.
In determining whether a service fits into this category the Town Board shall take into
consideration the following guidelines: (a) whether services are subject to State licensing or
testing requirements; (b) whether substantial formal education or training is a necessary
prerequisite to performance of said services; and (c) whether services require a personal
relationship between the individual and municipal officials. Professional or technical services
shall include but not be limited to the following: services of an attorney; servi ces of a physician;
technical services of an engineer engaged to prepare plans, maps and estimates; securing
insurance coverage and/or services of an insurance broker; services of a certified public
accountant; investment management services; printing services involving extensive writing,
editing or art work; management of municipally owned property; computer software or
programming services for customized programs, or services involved in substantial modification
and customizing of pre-packaged software.
b. Repair of equipment and machinery and maintenance items i.e.: toner, ribbons, oil
filters, nuts & bolts etc., as these can be specialized items. The purchaser will obtain
at least two verbal, written, faxed or catalog prices. It is at the purchaser’s discretion
which product(s) to purchase.
c. Emergency purchases pursuant to Section 103(4) of General Municipal Law. Due to
the nature of this exception, these goods or services must be purchased immediately
and any delay to seek alternate proposals may threaten the life, health, safety or
welfare of the residents. This section does not preclude alternate proposals if time
permits.
d. Purchases of surplus and second-hand goods from any source. If alternate proposals
are required, purchaser is permitted to purchase surplus and second-hand goods at
auction or via specific advertised sources where the best prices are typically obtained.
Prior Town Board approval is required for amounts over $2,500
e. goods purchased from agencies for the blind or correctional institutions pursuant to
Section 175-b of the State Finance Law; goods purchased from correctional
institutions pursuant to Section 186 of the Correction Law; purchases under State
contracts pursuant to Section 104 of the General Municipal Law; county contracts
pursuant to Section 103(3) of the General Municipal Law; or pursuant to subdivision
6 of this policy.
Individual(s) Responsible for Purchasing
Highway Superintendent
Director of Planning
Town Clerk
Town Supervisor
Recreation Dept – Marty Conger
Town Bookkeeper
Town Justice
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34 Note that this is a new requirement, effective January 1, 2009 (General Municipal
Law, section 104-b(2)(f)). Division of Local Government and School Accountability (Must
be updated biennially)of the State Comptroller
Input From Officers
Comments have been solicited from officers of the political subdivision or district therein
involved in the procurement process prior to the enactment of this policy and procedures, and
will be solicited from time to time hereafter.
Annual Review
The governing board shall annually review and, when needed, update this policy and
procedures.
The Town of Dryden Town Board shall be responsible for conducting an annual evaluation of
the effectiveness of the procurement policy and procedures and an evaluation of the control
procedures established to ensure compliance with the procurement policy, and shall be
responsible for reporting back to the board.
Unintentional Failure to Comply
The unintentional failure to comply fully with the provisions of General Municipal Law, section
104-b shall not be grounds to void action taken or give rise to a cause of action against the
Town of Dryden or any officer or employee thereof.
Town of Dryden Purchasing Policy
With the exception of the Highway Department and the Town Clerk/Receiver of Taxes, the
Bookkeeper/Bookkeeper’s Assistant must be consulted to ensure sufficient funds are available
prior to placing any order.
The Bookkeeper / Bookkeeper’s Assistant will first verify whether or not sufficient funds are
available.
• If funds are available, the Bookkeeper / Bookkeeper’s Assistant will notify the department
that they can proceed with their order.
• If funds are not available the Bookkeeper / Bookkeeper’s Assistant will notify the
requisitioner of such and request a budget modification form be completed to transfer
funds from another account. A budget modification should only be used if another
account has available funds and the requested item is necessary within current budget
year. The budget modification will then be presented to the Board for approval.
• If a bid is necessary, the requisitioner will ask for Board approval to bid; then initiate the
process of having the appropriate person prepare the bid specifications.
• Approval of the Supervisor or Bookkeeper is required for any purchase in excess of $500,
with the exception of the Highway Department, where the limit shall be $10,000, and
with the exception of the Town Clerk/Receiver of Taxes, where the limit shall be $2 500.
Prior approval will not be required for standard monthly purchases for parts/supplies,
and vehicle/equipment repairs unless specifically requested by vendor. Prior approval of
either the bookkeeper or the Supervisor is required for purchases of equipment or
software (i.e. computers, printers, monitors, copy machines, and items that will be added
to the Town’s capital asset list) and employee training/conference attendance t hat
involves overnight lodging.
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• With the exception of the Highway Department and the Town Clerk/Receiver of Taxes,
once a department has spent 90% of any non-personnel, annual contract, or utility
related budget line (i.e. discretionary spending), the department head must seek Town
Board approval prior to utilizing funds from that budget line.
• The Bookkeeper will prepare the purchase order, retain a copy and return the original to
the requisitioner for ordering.
Packing slips, delivery receipts, invoices, and statements should be compiled for each purchase,
stapled behind the purchase order or completed voucher form and submitted to the Bookkeeper
for verification and approval. After approval, vouchers will be forwarded to the Town Clerk's
office for data entry. After entry, purchase orders will be submitted to the Board for payment
approval.
Vouchers may be submitted weekly or upon completion, but must be submitted ten days prior
to the abstract & agenda meeting. If Vouchers are received after this time we will try to include
them in the abstract if possible.
This system will not apply to utilities, bills from other municipalities, legal and engineering
services, water and sewer billing, election workers, jury expenses, law book expenses,
software/hardware contracts and insurance payments. Payments of this nature will contin ue to
use vouchers and be submitted to the Board for approval for payment.
The Bookkeeper will receive copies of all contracts entered into by the Town and all resolutions
allotting funds for any service or item.
2nd Cl Green
Roll Call Vote Cl Lavine Yes
Cl Green Yes
Cl Servoss Yes
Supv Leifer Yes
RESOLUTION #20 (2019) – ADOPT SEXUAL HARASSMENT POLICY
Supv Leifer offered the following resolution and asked for its adoption:
TOWN OF DRYDEN SEXUAL HARASSMENT PREVENTION POLICY
I. POLICY STATEMENT
The Town of Dryden is committed to maintaining a workplace free from sexual harassment. Sexual
harassment, which includes harassment on the basis of sex, self-identified or perceived sex or gender,
sexual orientation, gender identity, gender expression or transgender status, is a form of workplace
discrimination. Sexual harassment is considered a serious form of employee misconduct. All
employees, interns, volunteers, and non-employees are required to work in a manner that prevents
sexual harassment in the workplace. Any employee, intern, volunteer, or non-employee in the
workplace who engages in sexual harassment or retaliation will be subject to remedial and/or
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disciplinary action, up to and including termination. This Policy is one component of the Town of
Dryden’s commitment to a discrimination-free work environment.1
Sexual harassment is against the law. All persons have a legal right to a workplace free from sexual
harassment. This right can be enforced by filing a complaint internally with the Town of Dryden,
and/or with a government agency or in court under federal, state or local antidiscrimination laws.
Sexual harassment is offensive, is a violation of our policies, is unlawful, and may subject the Town
of Dryden to liability for harm to targets of sexual harassment. Harassers may also be individually
subject to liability. Those covered by this Policy who engage in sexual harassment, and managers and
supervisors who engage in sexual harassment or who knowingly allow such behavior to continue, will
be subject to remedial action or discipline in accordance with law or an applicable Collective
Bargaining Agreement.
This Policy also prohibits retaliation against individuals who report or complain of sexual harassment
or participate in the investigation of a sexual harassment complaint, as further described herein.
Complaints of sexual harassment must be submitted to the Commissioner of Human Resources: In the
event that the Commissioner of Human Resources is the subject of the complaint, complaints must be
made to the Town Administrator. The Town of Dryden will conduct a prompt, thorough and
confidential investigation that ensures due process for all parties, whenever the Town of Dryden or its
supervisory or managerial personnel receives a complaint about sexual harassment or retaliation, or
otherwise knows of possible sexual harassment occurring. The Town of Dryden will keep the
investigation confidential to the extent possible. Effective corrective action will be taken whenever
sexual harassment or retaliation is found to have occurred. All persons covered by this Policy,
including managers and supervisors, are required to cooperate with any internal investigation of sexual
harassment.
All employees, interns, volunteers, and non-employees are to report any harassment or behaviors that
violate this Policy. The Town of Dryden will provide a complaint form for the reporting of harassment
and to file complaints. Managers and supervisors are required to report any complaint that they
receive, or any harassment that they observe or become aware of in the workplace. Such reporting
must be in written form to the Commissioner of Human Resources. Confronting the harasser is not
required but is encouraged if the complainant feels it is possible and saf e to do so. Anyone covered
by this Policy has the right to file a good faith complaint without first communicating with the
offender.
SCOPE
A. Who is covered by this Policy? This Policy applies to all employees, applicants for employment,
interns, whether paid or unpaid, volunteers, non-employees and persons conducting business with
the Town of Dryden2.
1 Note that other forms of discrimination, as well as harassment based on protected classes or
characteristics other than those covered under this policy are covered separately under [The Town
of Dryden’s] Discrimination and Discriminatory Harassment Policy.
2 Non-employees, as defined by law, includes contractors, vendors and consultants or those who are employees of
the contractor, vendor or consultant.
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B. Who can be a target of sexual harassment? Sexual harassment can occur between any
individuals, regardless of their sex or gender. New York Law protects employees, paid or unpaid
interns, and non-employees who provide services in the workplace. This Policy also protects
volunteers of the Town of Dryden.
C. Who can be a sexual harasser: A harasser can be a superior, a subordinate, a coworker or anyone
in the workplace including an independent contractor, contract worker, vendor, client, customer or
visitor, or anyone with whom the person interacts while conducting their job duties.
D. Where can sexual harassment occur? Unlawful sexual harassment is not limited to the physical
workplace itself. It can occur while employees, interns and/or volunteers are traveling for business
or at employer sponsored events or parties. Calls, texts, emails, and social media usage can
constitute or contribute to unlawful workplace harassment, even if occurring away from the
workplace premises or not during work hours.
II. DEFINITIONS OF PROHIBITED CONDUCT
A. What is sexual harassment?
Sexual harassment is a form of sex discrimination and is unlawful under federal, state, and (where
applicable) local law. Sexual harassment includes harassment on the basis of sex, self -identified or
perceived sex or gender, sexual orientation, gender identity, gender expression or transgender status.
Sexual harassment includes unwelcome conduct which is either of a sexual nature, or which is
directed at an individual because of that individual’s sex when:
o Such conduct has the purpose or effect of unreasonably interfering with an individual’s
work performance or creating an intimidating, hostile or offensive work environment,
even if the complaining individual is not the intended target of the sexual harassment;
o Such conduct is made either explicitly or im plicitly a term or condition of
employment; or
o Submission to or rejection of such conduct is used as the basis for employment decisions
affecting an individual’s employment.
A sexually harassing hostile work environment consists of words, signs, jokes, pranks, intimidation or
physical violence which are of a sexual nature, or which are directed at an individual because of that
individual’s sex, self-identified or perceived sex or gender, sexual orientation, gender identity, gender
expression or transgender status. Sexual harassment also consists of any unwanted verbal or physical
advances, sexually explicit derogatory statements or sexually discriminatory remarks made by
someone which are offensive or objectionable to the recipient, which cause the recipient discomfort
or humiliation, and/or which interfere with the recipient’s job performance.
Sexual harassment also occurs when a person in authority tries to offer job benefits for sexual favors.
This can include hiring, promotion, continued employment or any other terms, conditions or privileges
of employment. This is also called “quid pro quo” harassment.
Anyone subject to and/or covered by this Policy who feels harassed should complain so that any
violation of this policy can be corrected promptly. Any harassing conduct, even a single incident, can
be addressed under this policy.
B. Examples of sexual harassment
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Sexual harassment under the law and prohibited by this Policy may include, but is not limited to, the
following prohibited conduct:
• Physical assaults of a sexual nature, such as:
o Touching, pinching, patting, grabbing, brushing against another person’s body or
poking another person’s body; rape, sexual battery, molestation or attempts to
commit these assaults (which should be reported to local authorities as promptly
as is possible).
• Unwanted sexual advances or propositions, such as:
o Requests for sexual favors accompanied by implied or overt threats concerning
the target’s job performance evaluation, a promotion or other employment
benefits or detriments; subtle or obvious pressure for unwelcome sexual activities.
• Sexually oriented gestures, noises, remarks, jokes or comments about a person’s sexuality or
sexual experience, which create a hostile work environment.
• Sex stereotyping, which occurs when conduct or personality traits are considered inappropriate
or treated negatively simply because they may not conform to other people’s ideas or
perceptions about how individuals of a particular sex should look or act.
• Sexual or discriminatory displays or publications anywhere in the workplace, such as:
o Displaying pictures, posters, calendars, graffiti, objects, promotional material,
reading materials or other materials that are sexually demeaning or
pornographic. This includes such sexual displays on workplace computers or
cell phones and sharing such displays while in the workplace or in a work-
related gathering or setting.
• Hostile actions taken against an individual because of that individual’s sex, self -identified or
perceived sex or gender, sexual orientation, gender identity, gender expression or transgender
status, such as:
o Interfering with, destroying or damaging a person’s workstation, tools or
equipment, or otherwise interfering with the individual’s ability to perform the
job;
o Sabotaging an individual’s work;
o Bullying, yelling, name-calling.
C. Retaliation
In addition to sexual harassment, retaliation for opposing or complaining of sexual harassment or
participating in investigations of sexual harassment is prohibited by law and prohibited under this
Policy. No person covered by this Policy shall be subjected to such unlawful retaliation. Unlawful
retaliation can be any adverse employment action, including being discharged, disciplined,
discriminated against, or any action that would keep or discourage anyone covered by this Policy
from coming forward to make or support a sexual harassment claim. Adverse action need not be
job-related or occur in the workplace to constitute unlawful retaliation.
The New York State Human Rights Law and this Policy protect any individual who has engaged in
“protected activity.” Protected activity occurs when a person has:
• made a complaint of sexual harassment, either internally or with any anti -discrimination
agency;
• testified or assisted in a proceeding involving sexual harassment under this Policy, the State
Human Rights Law or other anti-discrimination law;
• opposed sexual harassment by making a verbal or informal complaint to Tompkins
County(including a supervisor or manager) or by simply informing a supervisor or manager of
harassment;
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• reported that another employee, intern, volunteer or non-employee covered by this Policy has been
sexually harassed; or
• encouraged a fellow employee, intern, volunteer and/or non-employee covered by this Policy to
report harassment.
Employees, interns, volunteers, and non-employees who believe they have been subjected to
retaliation should report this conduct in accordance with the same reporting procedures as are outlined
below. These complaints of retaliation will be investigated in accordance with the same procedures
utilized to investigate a complaint of sexual harassment. Individuals also may file complaints of
retaliation with the federal or state enforcement agencies (EEOC or New York State Division of
Human Rights.) Any individual found to have engaged in retaliation as defined in this Policy may b e
subject to disciplinary action up to and including termination, and/or other corrective or remedial
action as necessary.
III. REPORTING PROCEDURES AND RESPONSIBILITIES
A. Reporting Procedures
Preventing sexual harassment is everyone’s responsibility. The Town of Dryden cannot prevent
or remedy sexual harassment unless it knows about it. Any employee, intern, volunteer or non-
employee who has been subjected to behavior that may constitute sexual harassment is strongly
encouraged to report such behavior to the Commissioner of Human Resources set forth below.
Anyone who witnesses or becomes aware of potential or perceived instances of sexual harassment
should also report such behavior to the
o Commissioner of Human Resources
o In the event that the Commissioner of Human Resources is the subject of the complaint,
complaints are to be made to the Town Administrator
Although encouraged, note that neither this Policy nor state or federal law requires that an individual
tell an alleged harasser to stop his/her actions. Failure to do so does not preclude the individual from
filing a complaint of sexual harassment. Individuals should feel free to keep written records of any
actions which may constitute sexual harassment, including time, date, location, names of others
involved, witnesses (if any), and who said or did what to whom.
Reports of sexual harassment may be made verbally or in writing. If made verbally, the Complaint
must be reduced to writing by the individual who it was reported to. The written report must be
given to the Commissioner of Human Resources. A form for submission of a written complaint is
attached to this Policy, and all employees, interns, volunteers, and non-employees conducting
business in the workplace are encouraged to use this complaint form. Individuals who are reporting
sexual harassment on behalf of other employees, interns, volunteers or non-employees should use
the complaint form and note that it is on another person’s behalf.
Employees, interns, volunteers or non-employees who believe they have been a target of sexual
harassment may also seek assistance in other available forums, as explained below in the section on
Legal Protections.
B. Supervisory Responsibilities
All managerial and supervisory personnel of the Town of Dryden shall be responsible for enforcing
this Policy and shall have responsibility for ensuring that the work environment under their
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supervision is free from sexual harassment and retaliation. In addition to being subject to discipline
or other remedial action if they engaged in sexually harassing conduct themselves, all supervisors
and managers who receive a complaint or information about suspected sexual harassment,
observe what may be sexually harassing behavior or for any reason suspect that sexual
harassment is occurring, are required to report same in writing, to the Commissioner of Human
Resources. Supervisors and managers will be subject to discipline (or other remedial and appropriate
action) for failing to report suspected sexual harassment or otherwise knowingly allowing sexual
harassment to continue.
Supervisors and managers will also be subject to discipline or other appropriate remedial action for
engaging in retaliation.
C. The Town of Dryden’s Responsibilities
The Town of Dryden will be responsible for ensuring that this Policy is provided to employees,
interns, and volunteers, and that training on this Sexual Harassment Prevention Policy is conducted
annually.
IV. INVESTIGATION AND RESPONSE PROCEDURES
All complaints or information about suspected sexual harassment will be investigated, whether that
information was reported in verbal or written form. Investigations will be conducted in a timely
manner and will be confidential to the extent possible.
An investigation of any complaint, information or knowledge of suspected sexual harassment will
be prompt and thorough, commencing immediately and completed as soon as possible. The
investigation will be confidential to the extent possible. All persons involved, including
complainants, witnesses and alleged harassers will be accorded appropriate due process to protect
their rights to a fair and impartial investigation.
Any employee, volunteer, intern or non-employee may be required to cooperate as needed in an
investigation of suspected sexual harassment. As further set forth herein, Tompkins County will not
tolerate retaliation against those who file complaints, support another’s complaint, or participate in
the investigation of a complaint.
All investigations will be conducted by the Commissioner of Human Resources or their designee. The
nature of an investigation may vary on a case by case basis dependent upon the circumstances and
extent of the allegations. Generally, investigations should be conducted by the Commissioner of Human
Resources or their designee in accordance with the following steps:
• Upon receipt of complaint, the Commissioner of Human Resources or their designee will conduct
an immediate review of the allegations, and take interim actions, as appropriate. If the complaint is
oral, encourage the individual to complete the “Complaint Form” in writing. If he or she refuses,
prepare a Complaint Form or other write up of the complaint based on the oral reporting.
• If documents, emails or phone records are relevant to the allegations, take steps to obtain and
preserve them.
• Request and review all relevant documents, including all electronic
communications.
• Interview all parties involved, including any relevant witnesses;
• Create (at a minimum) written documentation of the investigation (such as a letter, memo or
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email), which contains the following:
o A list of all documents reviewed, along with a detailed summary of relevant documents;
o A list of names of those interviewed, along with a detailed summary of their statements;
o A timeline of events;
o A summary of prior relevant incidents, reported or unreported; and
o Recommendation(s) for the final resolution of the complaint, together with any
recommendations for corrective or remedial actions to be taken.
• Keep the written documentation and associate d documents in the employer’s records.
Once the investigation is completed, the Commissioner of Human Resources or their designee will
make a Final Determination as to whether the Policy has been violated.
The Commissioner of Human Resources or their designee shall promptly notify the complainant of
the Final Determination, and also inform the complainant of their right to file a complaint or charge
externally as outlined below.3
If a complaint of sexual harassment or retaliation is determined to be founded, the Town of Dryden
may take disciplinary and/or corrective action. The Commissioner of Human Resources will be
responsible for overseeing the implementing of any corrective or remedial actions deemed
necessary.
V. REIMBURSEMENT
Any employee who has been subject to a judgement of personal liability for intentional wrongdoing in
connection with a claim for sexual harassment shall reimburse the Town of Dryden for any monies it
paid to a complainant for what was found to be the employee’s proportionate share of said judgement.
These reimbursements must be made within ninety (90) days from payment by the Town of Dryden to
the Complainant. A failure to reimburse will result in the sum being withheld directly from the
employee’s compensation or through enforcement of a money judgement.
VI. FURTHER CONFIDENTIALITY AND DISCLOSURE
In recognition of the personal nature of discrimination complaints and the emotional impact of alleged
discrimination, the Town of Dryden shall keep complaints as confidential as is consistent with a
thorough investigation, applicable collective bargaining agreements, and other laws and regulations
regarding employees and the workplace setting. For the protection of all individuals who make
complaints or are accused of prohibited discrimination, every witness interviewed during an
investigation under this Policy will be advised of the confidentiality requirement and instructed not to
discuss the complaint, the investigation, or the persons involved. To the extent complaints made under
this Policy implicate criminal conduct, The Town of Dryden may be required by law to contact and
cooperate with the appropriate law enforcement authorities.
The terms of any settlement or other resolution are subject to disclosure UNLESS the Complainant seeks
confidentiality. This request for confidentiality may be revoked within a certain time period in
accordance with State law.
VII. FALSE REPORTS
3 Where a complaint was filed regarding sexual harassment against an individual other than the person making the written
complaint, the person against whom the harassment was directed will be treated as the complainant for purposes of this Policy.
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Reporting of a false complaint is a serious act. In the event it is found that an individual bringing the
complaint has knowingly made false allegations, The Town of Dryden may take appropriate remedial
action and/or disciplinary action in accordance with the provisions of applicable collective bargaining
agreement and/or state law
VIII. LEGAL PROTECTIONS AND EXTERNAL REMEDIES
Sexual harassment is not only prohibited by The Town of Dryden but is also prohibited by state, federal,
and, where applicable, local law.
Aside from the internal process at the Town of Dryden, individuals may also choose to pursue legal
remedies with the following governmental entities at any time.
A. New York State Division of Human Rights (DHR)
The Human Rights Law (HRL), codified as N.Y. Executive Law, Art. 15, § 290 et seq., applies to
employers in New York State with regard to sexual harassment, and protects employees, interns and
non-employees. A complaint alleging violation of the Human Rights Law may be filed either with
Division of Human Rights or in New York State Supreme Court. Complaints with DHR may be filed
any time within one year of the harassment. If an individual did not file at DHR, they can sue directly
in state court under the HRL, within three years of the alleged discrimination. An individual may
not file with DHR if they have already filed a HRL complaint in state court.
Complaining internally to the Town of Dryden does not extend the time for filing a complaint with
DHR or in court. The one year or three years is counted from date of the most recent incident of
harassment.
An individual does not need an attorney to file a complaint with DHR, and there is no cost to file with
DHR.
DHR will investigate the complaint and determine whether there is probable cause to believe that
discrimination has occurred. Probable cause cases are forwarded to a public hearing before an
administrative law judge. If discrimination is found after a hearing, DHR has the power to award relief,
which varies but may include requiring the employer to act to stop the harassment, or redress the
damage caused, including paying monetary damages, attorney’s fees and civil fines.
Contact DHR at (888) 392-3644 or visit dhr.ny.gov/complaint for more information about filing a
complaint. The website has a complaint form that can be downloaded, filled out, notarized and mailed
to DHR. The website also contains contact information for DHR’s regional offices across New York
State.
B. United States Equal Employment Opportunity Commission (EEOC)
The EEOC enforces federal anti-discrimination laws, including Title VII of the 1964 federal Civil Rights
Act (codified as 42 U.S.C. § 2000e et seq.). An individual can file a complaint with the EEOC anytime
within 300 days from the harassment. There is no cost to file a complaint with the EEOC. The EEOC
will investigate the complaint, and determine whether there is reasonable cause to believe that
discrimination has occurred, at which point the EEOC will issue a Right to Sue letter permitting the
individual to file a complaint in federal court.
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The EEOC does not hold hearings or award relief, but may take other action including pursuing cases
in federal court on behalf of complaining parties. Federal courts may award remedies if discrimination
is found to have occurred.
If an individual believes that he/she has been discriminated against at work, he/she can file a “Charge
of Discrimination.” The EEOC has district, area, and field offices where complaints can be filed.
Contact the EEOC by calling 1-800-669-4000 (1-800-669-6820 (TTY)), visiting their website at
www.eeoc.gov or via email at info@eeoc.gov
If an individual filed an administrative complaint with DHR, DHR will file the complaint with the
EEOC to preserve the right to proceed in federal court.
C. Local Protections
Many localities enforce laws protecting individuals from sexual harassment and discrimination. An
individual should contact the county, city or town in which they live to find out if such a law exists.
D. Contact the Local Police Department
If the harassment involves physical touching, coerced physical confinement or coerced sex acts, the
conduct may constitute a crime. Contact the local police department.
2nd Cl Green
Roll Call Vote Cl Lavine Yes
Cl Green Yes
Cl Servoss Yes
Supv Leifer Yes
Supervisor appointments and committee assignments were discussed and made as
follows:
Deputy Supervisor ------------------------------------------------- Cl Daniel Lamb
Finance & Grants Committee ----------------------------------- Cl Servoss, Cl Green
Assessment Review Committee---------------------------------- Cl Lavine, Supv Leifer (alt)
Emergency Services Committee--------------------------------- Supv Leifer, Cl Servoss (alt
Human Resources Committee----------------------------------- Cl Servoss, Cl Green
Infrastructure Committee (inc Highway/DPW liaison)------ Supv Leifer, Cl Green
Representative to Planning Board------------------------------ Cl Lamb, Supv Leifer (alt)
Representative to Conservation Board------------------------- Cl Lamb, Cl Lavine (alt)
Representative to Ag Advisory Committee--------------------- Supv Leifer
Representative to Recreation & Youth Commission---------- Cl Green, Cl Servoss (alt)
Liaison to Village of Freeville------------------------------------- Cl Green
Liaison to Village of Dryden------------------------------------- Supv Leifer
Representative to Rail Trail Task Force----------------------- Cl Lamb, Cl Green
Representative to Tompkins County Legislature------------- Cl Servoss
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RESOLUTION #21 (2019) – APPROVE 2019 PAY RATES
Supv Leifer offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby approves 2019 pay rates for non-union
Highway/DPW and Town Hall employees working less than 40 hours per week as follows:
Name Title Hire Date 2018 Rate 2019 Rate
%
Increase
Town Hall Employees
Marty Conger PT Recreation Assistant 11/27/2017 19.23 19.62 2
Andrew Pierce Rec Supervisor 3/19/2018 19.23 19.62 2
Lee Parker Deputy Clerk 12/30/2009 12.98 13.75 5.9
Sherri Crispell Senior Account Clerk 7/22/2008 20.00 21.00 5
Ryan McHugh Conf Secretary to Supervisor 11/19/2018 18.00 18.00 0
David Buck PT Court Attendant 6/1/2014 41.62 41.62 0
James Niemi PT Court Attendant 6/1/2014 41.62 41.62 0
Highway/DPW Employees
Randy Riker Seasonal MEO (PT as needed) 12/13/2012 17.50 17.50 0
Shawn Flynn Seasonal MEO (PT as needed) 1/13/2015 17.50 18.00 2.8
Justin Huff Laborer 6/22/2015 15.00 15.00 0
George Ingalls Laborer (PT Summer) 7/5/2017 14.00 14.00 0
Allison Case PT Data Processing Helper 11/27/2017 15.00 15.00 0
Christopher Clauson Asst Supt of Public Works 9/5/2017 7,990.00
47,990.00 0
2nd Cl Green
Roll Call Vote Cl Lavine Yes
Cl Green Yes
Cl Servoss Yes
Supv Leifer Yes
RESOLUTION #22 (2019) – APPOINT RAIL TRAIL TASK FORCE MEMBER
Supv Leifer offered the following resolution and asked for its adoption:
RESOLVED, that this Town Board hereby appoints Rosalie Borzik to the Rail Trail Task
Force.
2nd Cl Green
Roll Call Vote Cl Lavine Yes
Cl Green Yes
Cl Servoss Yes
Supv Leifer Yes
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There being no further business, on motion made, seconded and unanimously carried,
the meeting was adjourned at 7:00 p.m.
Respectfully submitted,
Bambi L. Avery
Town Clerk
LOCAL LAW ____ -2019
A LOCAL LAW AMENDING THE TELECOMMUNICATIONS
TOWER SITING LAW FOR THE TOWN DRYDEN, TOMPKINS
COUNTY, NEW YORK
(“TTS”).
Be it enacted by the Town Board of the Town of Dryden as follows:
LOCAL LAW SECTION 1. PURPOSE, LEGISLATIVE INTENT
AND HISTORY.
The Telecommunications Tower Siting Law (TTS) was first enacted by Local Law 2-
2006 and amended by Local Law 1-2010. The Town is now amending TTS in response to
federal legislation calling for an expedited process for local review of equipment
modifications and colocations on cell towers that do not increase the height of the tower.
The proposed changes simplify the permitting process for modifying equipment or
collocating equipment on existing towers that involves no increase in the height of the
tower. The Town is also making some additional revisions to simplify the process.
Except for the provisions of TTS specifically amended by this Local Law, the rest of the
Town’s TTS remains in full force and effect.
LOCAL LAW SECTION 2.
The TTS is amended as follows1:
Section 1. Purpose and Legislative Intent.
The Telecommunications Act of 1996 affirmed the Town of Dryden’s authority concerning the
placement, construction and modification of telecommunications towers. The Town Board of the
Town of Dryden finds that telecommunications towers and related facilities may pose a unique
hazard to the health, safety, public welfare and environment of the Town of Dryden and its
inhabitants. In order to insure that the placement, construction or modification of
telecommunications towers and related facilities is consistent with the Town’s land use policies,
the Town is adopting a single, comprehensive telecommunications tower application and permit
process. The intent of this law is to minimize the negative impact of the telecommunications towers,
establish a fair and efficient process for review and approval of applications, assure an integrated,
comprehensive review of environmental impacts of such facilities, and protect the health, safety
and welfare of Town of Dryden and its inhabitants. The Town also recognizes that facilitating the
development of wireless service technology can be an economic development asset to the Town
and of significant benefit to the Town and its inhabitants.
1 Text that is being removed appears in strikethrough. Text that is being added is
underlined.
Section 2. Title.
This Law may be known and cited as the Telecommunications Tower Siting Law for the Town of
Dryden (or “TTS”).
Section 3. Severability.
A. If any word, phrase, sentence, part, Section, Subsection, or other portion of this Law or any
application thereof to any person or circumstance is declared void, unconstitutional, or
invalid for any reason, then such word, phrase, sentence, part, Section, Subsection, or other
portion, or the proscribed Application thereof, shall be severable, and the remaining
provisions of this Law, and all applications thereof, not having been declared void,
unconstitutional, or invalid, shall remain in full force and effect.
B. Any special use permit issued under this law shall be comprehensive and not severable. If
part of a permit is deemed or ruled to be invalid or unenforceable in any material respect,
by a competent authority, or is overturned by a competent authority, the permit shall be
void in total, upon election by the Town Board.
Section 4. Definitions.
For purposes of this Law, and where not inconsistent with the context of a particular Section, the
defined terms, phrases, words, abbreviations, and their derivations shall have the meaning given in
this Section. When not inconsistent with the context, words in the present tense include the future
tense, words used in the plural include words in the singular and words in the singular include the
plural. The word “shall” is always mandatory, and not merely directory.
A. “Accessory Facility or Structure” means an accessory facility or structure serving or being
used in conjunction with a Telecommunications Tower, and located on the same property or
lot as the Tower, including but not limited to utility or transmission equipment buildings or
shelters, equipment cabinets, equipment platforms, or storage sheds.
B. “Applicant” means and shall include any individual, partnership, limited liability company,
corporation, estate, trust, or other entity or the equivalent of any of the foregoing submitting
an Application to the Town of Dryden for a Special Use Permit for a Telecommunications
Tower.
C. “Application” means the form approved by the Board, together with all required and other
documentation that an Applicant submits in order to receive a Special Use Permit for a
Telecommunications Tower.
D. “Antenna” means a system of electrical conductors that transmit or receive electromagnetic
waves or radio frequency signals. Such waves shall include, but not be limited to radio,
television, cellular, paging, personal Telecommunications services (PCS), and microwa ve
Telecommunications.
E. “Board” means the Town Board of the Town of Dryden, which is the officially designated
body of the Town to whom applications for a Special Use Permit for a Telecommunications
Tower must be made. The Board is authorized to review, analyze, evaluate and make decisions
with respect to granting or not granting, recertifying or not recertifying, or revoking special
use permits for Telecommunications Towers. The Board may at its discretion delegate or
designate other boards of the Town to accept, review, analyze, evaluate and make
recommendations to the Board with respect to the granting or not granting, recertifying or not
recertifying or revoking special use permits for Telecommunications Towers.
F. “Break point” means the location on a Telecommunications Tower at which the initial failure
of a structural element is expected to eventually occur as the wind loading increases beyond
the design value, as a means of controlling the mechanism of collapse and minimizing the size
of the collapse zone and any potential damage to the surrounding area.
G. “Camouflaged Tower” means any Tower or supporting structure that, due to design, location,
or appearance, partially or completely hides, obscures, conceals, or otherwise disguises the
presence of the Tower and one or more Antennas or Antenna arrays affixed thereto.
H. “Collapse zone” means the area in which any portion of a Telecommunications Tower could
or would fall, collapse or plunge to the ground or into a river or other body of water. The
collapse zone shall be no less than the lateral equivalent of the distance from the Break point
to the top of the structure plus ten feet, such being not less than one-half (1/2) the height of the
structure.
I. “Co-location” means the use of the same telecommunications tower or structure to carry two
or more antennae for the provision of wireless services by two or more persons or entities.
J. “Commercial Impracticability” or “Commercially Impracticable” shall have the meaning
in this Law and in Special Use Permits granted hereunder as defined and applied under
Uniform Commercial Code §2-615.
K. “Complete Application” means an Application that contains all information and/or data
necessary to enable the Board or Zoning Officer to evaluate the merits of the Application, and
to make an informed decision with respect to the effect and impact of the Telecommunications
Tower on the Town in the context of the permitted land use for the particular location
requested.
L. “County” means Tompkins County, New York.
M. “Direct-to home satellite services” or “Direct Broadcast Service” or “DBS” means only
programming transmitted or broadcast by satellite directly to subscribers’ premises without
the use of ground receiving equipment, except at the subscribers’ premises or in the uplink
process to the satellite.
N. “EAF” means the Full Environmental Assessment Form approved by the New York
Department of Environmental Conservation (Appendix A to 6 NYCRR §617.20) and includes
a visual EAF Addendum (Appendix B).. For an application for co-location, a short EAF
(Appendix C to NYCRR §617.20) including a visual EAF may be substituted for the Full
Environmental Assessment Form.
O. “EPA” means in the case of the State of New York, the Department of Environmental
Conservation, and in the case of the United States, the Environmental Protection Agency or
any successor agency.
P. “FAA” means the Federal Aviation Administration, or a duly designated and authorized
successor agency.
Q. “FCC” means the Federal Communications Commission, or a duly designated and authorized
successor agency.
R. “Free standing Tower” means a Tower that is not supported by guy wires and ground anchors
or other means of attached or external support.
S. “Height of Antenna” means, when referring to a Tower or structure, the vertical distance
from the highest adjacent finished grade to the top of the highest antenna mounted on, or
proposed to be mounted on the Tower or structure.
T. “Height of Tower or Structure” means, when referring to an existing Tower or structure, the
vertical distance from the highest adjacent finished grade to the top of the Tower or structure.
When referring to a proposed Tower or structure, it means the vertical distance from the
preexisting grade level to the highest point of the proposed Tower or structure.
U. “NIER” means Non-Ionizing Electromagnetic Radiation.
V. “Person” means any individual, partnership, limited liability company, corporation, estate,
trust, or other entity or the equivalent of any of the foregoing.
W. “Personal Wireless Facility” - See definition for ‘Telecommunications Tower’.
X. “Personal Wireless Services” or “PWS” or “Personal Telecommunications Service” or
“PCS” shall have the same meaning as defined and used in the 1996 Telecommunications
Act.
Y. “Site” See definition for Telecommunications Tower.
Z. “Special Use Permit” means the official document or permit by which an Applicant is
allowed to construct and use a Telecommunications Tower as granted, authorized or issued by
the Town.
AA. “State” means the State of New York.
BB. “Telecommunications” means the transmission and reception of audio, video, data, and other
information by wire, radio frequency, light, and other electronic or electromagnetic systems.
CC. “Telecommunications Permit” means the official document or permit by which an
Applicant is allowed to add or modify equipment on a Telecommunications Tower as granted,
authorized or issued by the Town.
BB.DD. “Telecommunications Tower” or “Tower” or “Site” or “Personal Wireless
Facility” means a structure or location designed, or intended to be used, or used to support
Antennas. It includes Free standing Towers, guyed Towers, monopoles, and similar structures,
as well as any Camouflaged Tower, including but not limited to a church steeple, silo, water
tower, flagpole, sign or other structure intended to mitigate the visual impact of an Antenna.
It is a structure intended for transmitting and/or receiving radio, television, cellular, paging,
dispatch, PCS, microwave, broadband, or other commercial Telecommunications.
EEDD.“Telecommunications Structure” means a structure used in the provision of services
described in the definition of ‘Telecommunications Tower’.
EEFF.“Temporary” means in relation to all aspects and components of this Law, something
intended to, or that does, exist for fewer than ninety (90) days.
FFGG. “Town” means the Town of Dryden, New York.
HH. “Zoning Officer” means the Zoning Officer as appointed by the Town.
Section 5. Overall Policy and Desired Goals for Special Use Permits for
Telecommunications Towers.
In order to ensure that the placement, construction, and modification of Telecommunications
Towers conforms to the Town’s purpose and intent of this Law, the Board creates a Special
Use Permit for a Telecommunications Tower. As such, the Board adopts an overall policy with
respect to a Special Use Permit for a Telecommunications Tower for the express purpose of
achieving the following goals:
1) Implementing an Application process for person(s) seeking a Special Use Permit for a
Telecommunications Tower;
2) Establishing a policy for examining an application for and issuing a Special Use Permit
for a Telecommunications Tower that is both fair and consistent;
3) Establishing reasonable time frames for granting or not granting a Special Use Permit
for a Telecommunications Tower, or re-certifying or not re-certifying, or amending or
revoking the Special Use Permit granted under this Law.
4) Promoting and encouraging, wherever possible, the sharing and/or co-location of a
Telecommunications Tower among service providers;
5) Promoting and encouraging, wherever possible, the placement of a
Telecommunications Tower in such a manner as to cause minimal disruption to
aesthetic considerations of the land, property, buildings, and other facilities adjacent
to, surrounding, and in generally the same area as the requested location of such a
Telecommunications Tower.
6) Promoting and encouraging the development and deployment of newer and better
technology to provide improved Telecommunications services to the residents and
businesses within the Town.
Section 6. Special Use Permit Application and Other Requirements
A. All Applicants for a Special Use Permit for a Telecommunications Tower shall comply
with the requirements set forth in this Law.
B. (1) An Application for a Special Use Permit for a Telecommunications Tower shall be
signed on behalf of the Applicant by the person preparing the same and with knowledge
of the contents and representations made therein and attesting to the truth and
completeness of the information.
(2) The landowner, if different than the Applicant, shall also sign the Application.
(3) At the discretion of the Board, any false or misleading statement in the Application
may subject the Applicant to denial of the Application without further
consideration or opportunity for correction.
(4) At the discretion of the Board, any information contained in the Application that
is discovered to be false after issuance of a Special Sue Permit may subject the
Applicant to revocation of such Special Use Permit.
C. Applications not meeting the requirements herein or which are otherwise incomplete, may
be rejected by the Board.
D. The Application shall include a statement in writing:
1) that the applicant’s proposed Telecommunications Tower will be maintained in a
safe manner, in compliance with all conditions of the Special Use Permit,
without exception, unless specifically granted relief by the Board in writing,
as well as all applicable and permissible local codes, ordinances, and
regulations, including any and all applicable County, State and United States
laws, rules, and regulations;
2) that the construction of the Telecommunications Tower is legally permissible,
including, but not limited to the fact that the Applicant is authorized to do business
in the State.
E. All applications for the construction or installation of a new Telecommunications Tower
shall be accompanied by a report containing the information herein required. The report
shall be signed by a licensed professional engineer registered in the State. Where this
Section calls for certification, such certification shall be by a qualified New York State
licensed Professional Engineer acceptable to the Town, unless otherwise noted.
F. No Telecommunications Tower shall be installed or constructed until a site plan required
under this law is reviewed and approved by the Board. The site plan Application shall
include, in addition to the other requirements for the Special Use Permit, the following
additional information:
1) Name and address of person preparing the report;
2) Name and address of the property owner, operator, and Applicant, to include the
legal form of the Applicant;
3) Postal address and tax map parcel number of the property;
4) Zoning District or designation in which the property is situated;
5) Size of the property stated both in square feet and lot line dimensions, and a
diagram to scale showing the location of all lot lines;
6) Location of nearest residential structure;
7) Location of nearest habitable structure;
8) Location of all structures on the property which is the subject of the Application;
9) Location, size and height of all proposed and existing antennae and all
appurtenant structures;
10) Type, size and location of all proposed and existing landscaping;
11) The type and design of the Telecommunications Tower, and the number, type,
and size of the Antenna(s) proposed, and the basis for the calculations of the
Telecommunications Tower’s capacity to accommodate multiple users;
12) The make, model and manufacturer of the Tower and Antenna(s);
13) A description of the proposed Tower and Antenna(s) and all related fixtures,
structures, appurtenances and apparatus, including height above pre-existing
grade, materials, color and lighting;
14) The frequency, modulation and class of service of radio or other transmitting
equipment;
15) Transmission and maximum effective radiated power of the Antenna(s);
16) Direction of maximum lobes and associated radiation pattern of the Antenna(s);
17) Applicant’s proposed Tower maintenance and inspection procedures and related
system of records;
18) Documentation that NIER levels at the proposed site are within the threshold
levels adopted by the FCC;
19) A stipulation that if the proposed Antenna(s) cause interference with existing
telecommunications devices, the Antenna(s) will be deactivated until such
interference can be eliminated by the Applicant.
20) A copy of the FCC license for the use of the Telecommunications Tower;
21) Certification that a topographic and geomorphologic study and analysis has been
conducted, and that taking into account the subsurface and substrata, and the
proposed drainage plan, that the site is adequate to assure the stability of the
proposed Telecommunications Tower on the proposed site, (the certifying
engineer need not be approved by the Town);
22) Propagation studies of the proposed site and all adjoining proposed or in-service
or existing sites.
23) Applicant shall disclose in writing any agreement in existence prior to submission
of the Application that would limit or preclude the ability of the Applicant to share
any new Telecommunications Tower that it constructs.
G. In the case of a new Telecommunications Tower, the Applicant shall be required to submit
a report demonstrating its efforts to obtain shared use of existing Telecommunications
Tower(s). Copies of written requests and responses for shared use shall be provided to the
Board.
H. Certification that the Telecommunications Tower and attachments are both designed and
constructed (“As Built”) to meet all County, State and United States structural
requirements for loads, including wind and ice loads;
I. Documentation that the Telecommunications Tower is designed with a break point that,
in the event the design wind loading is exceeded, will result in the Tower falling or
collapsing within the boundaries of the property on which the Tower is placed;
J. After construction and prior to receiving a Certificate of Compliance, certification that the
Telecommunications Tower and related facilities have been installed with appropriate
surge protectors, and have been grounded and bonded so as to protect persons and property
from lightning strikes.
K. The Applicant shall submit a completed Full EAF and a Visual EAF Addendum. The
Board may require submission of a more detailed visual analysis based on the results of
the Visual Full EAF Addendum. Applicants are encouraged to have pre-application
conferences with the Town to address the scope of the required visual assessment.
L. A Visual Impact Assessment which shall at the Board’s request include:
1) A “Zone of Visibility Map” which shall be provided in order to determine
locations from which the Tower may be seen.
2) Pictorial representations of “before and after” views from key viewpoints both
inside and outside of the Town, including but not limited to state highways and
other major roads; state and local parks; other public lands; historic districts;
preserves and historic sites normally open to the public; and from any other
location where the site is visible to a large number of visitors or travelers. If
requested by the Applicant, the Town, acting in consultation with its consultants
or experts, will provide guidance concerning the appropriate key sites at a
preapplication conference.
3) An assessment of the visual impact of the Tower base, guy wires and accessory
buildings from abutting and adjacent properties and streets.
M. Any and all representations made to the Board, on the record, during the Application
process, whether written or verbal, shall be deemed a part of the Application and may be
relied upon in good faith by the Board.
N. The Applicant shall, in a manner approved by the Board, provide vegetative or other
approved screening around the base of the Telecommunications Tower and all accessory
facilities and structures, to minimize its visibility from adjacent property.
O. All utilities leading to and away from any Telecommunications Tower site shall be
installed underground and in compliance with all laws, rules and regulations of the Town,
including specifically, but not limited to, the National Electrical Safety Code and the
National Electrical Code where appropriate. The Board may waive or vary the
requirements of underground installation of utilities whenever, in the opinion of the Board,
such variance or waiver shall not be detrimental to the health, safety, general welfare or
environment, including the visual and scenic characteristics of the area.
P. All Telecommunications Towers and accessory facilities shall be sited so as to have the
least practical adverse visual effect on the environment and its character, and the
residences in the area of the Telecommunications Tower site.
Q. Accessory facilities shall maximize use of building materials, colors and textures designed
to blend with the natural surroundings.
R. An access road and parking will be provided to assure adequate emergency and service
access. Maximum use of existing roads, whether public or private, shall be made to the
extent practicable. Road construction shall at all times minimize ground disturbance and
vegetation-cutting. Road grades shall closely follow natural contours to assure minimal
visual disturbance and reduce soil erosion potential.
S. The Board intends to be the lead agency, pursuant to SEQRA. The Board shall conduct an
integrated, comprehensive, coordinated environmental review of the proposed project in
combination with its review of the Application under this Law.
T. The Applicant shall submit no fewer than eight two (28) copies of the entire Complete
Application to the Town Board, an electronic copy and one (1) copy to the County
Planning Board. For a proposed facility on property which abuts the Town boundary, a
copy shall be submitted to the legislative body of the immediately adjacent municipality.
U. The Applicant shall examine the feasibility of designing a proposed Telecommunications
Tower to accommodate future demand for at least two (2) additional commercial
applications, e.g. future co-locations. The scope of this examination shall be determined
by the Board. The Tower shall be structurally designed to accommodate at least two (2)
additional arrays of Antennas which are equal to or greater in both size and quantity that
the installation proposed by the Applicant. This requirement may be waived, provided that
the Applicant, in writing, demonstrates that the provisions of future shared usage of the
Telecommunications Tower is not technologically feasible, commercially impracticable
or creates an unnecessary and unreasonable burden, based upon:
1) The number of FCC licenses foreseeably available for the area;
2) The kind of Telecommunications Tower site and structure proposed;
3) The number of existing and potential licenses without Telecommunications
Tower spaces/sites;
4) Available space on existing and approved Telecommunications Towers;
V. The Applicant shall provide physical space, structural capacity, and utility connections
necessary for Town-owned Antennas and equipment, as directed by the Board.
Section 7. Location of Telecommunications Towers.
A. (1) Applicants for Telecommunications Towers shall locate, site and erect said Towers in
accordance with the following priorities, (a) being the highest priority and (e) being
the lowest priority.
(a) On existing Telecommunications Towers or other tall structures;
(b) Co-location on a site with existing Telecommunications Towers or
structures;
(c) On Town-owned property in non-residentially zoned areas of the Town;
(d) In other non-residentially zoned areas of the Town;
(e) On other property in the Town.
(2) If the proposed property site is not the highest priority listed above, then a detailed
explanation must be provided as to why a site of a higher priority was not selected.
The person seeking such an exception must satisfactorily demonstrate the reason
or reasons why such a permit should be granted for the proposed site, and the
hardship that would be incurred by the Applicant if the permit were not granted for
the proposed site.
(3) An Applicant may not by-pass sites of higher priority by stating the site presented
is the only site leased or selected. The Application shall address co-location as an
option and if such option is not proposed, the applicant must demonstrate why
colocation is Commercially, or otherwise, Impracticable. Agreements between
providers limiting or prohibiting co-location, shall not be a valid basis for any
claim of Commercial Impracticability or hardship.
(4) Notwithstanding the above, the Board may approve any site located within an area
in the above list of priorities, provided that the Board finds that the proposed site
is in the best interests of the health, safety and welfare of the Town and its
inhabitants.
B. The Applicant shall submit a written report demonstrating the Applicant’s review of the
above locations in order of priority, demonstrating the technological reason for the site
selection.
C. The Applicant shall, in writing, identify and disclose the number and locations of any
additional sites that the Applicant has, is, or will be considering, reviewing or planning for
Telecommunications Towers in the Town, and in all municipalities adjoining the Town,
for a two year period next following the date of the Application.
D. Notwithstanding that a potential site may be situated in an area of highest priority or highest
available priority, the Board may reject an Application for any of the following reasons:
1) Conflict with safety and safety-related codes and requirements;
2) Conflict with traffic needs or traffic laws, or definite plans for changes in traffic
flow or traffic laws;
3) Conflict with the historic nature of a neighborhood or historical district;
4) The use or construction would be contrary to an already stated purpose of a specific
zoning or land use designation; or
5) The placement and location would create an unacceptable risk, or the probability
of such, to residents, the public, employees and agents of the Town, or employees
of the service provider or other service providers.
6) Conflicts with the provisions of this Law.
Section 8. Shared use of Telecommunications Tower(s).
A. Shared use of existing Telecommunications Towers shall be preferred by the Town, as
opposed to the proposed construction of new Telecommunications Towers. Where such
shared use is unavailable, location of Antennas on other pre-existing structures shall be
considered and preferred. The Applicant shall submit a comprehensive report inventorying
existing towers and other appropriate structures within four (4) miles of any proposed new
tower site, unless the Applicant can show that some other distance is more reasonable, and
outlining opportunities for shared use of existing facilities and the use of other pre-existing
structures as a preferred alternative to new construction.
B. An Applicant intending to share use of an existing Telecommunications Tower or other
pre-existing structure shall be required to document the intent of the existing owner to share
use.
C. In the event of an Application to share the use of an existing Telecommunications Tower
that does not increase the height of the Telecommunications Tower, the Board may waive
such requirements of this Local Law as may be for good cause shown. The Applicant is
encouraged to seek a pre-Application conference with the Board to review such a proposed
Application and settle the issue of waivers of such provisions which will help to expedite
review and the issuance of a permit for such Applications. The purpose of waivers shall be
to expedite for the Applicant and the Town the review and issuance of a permit for the
shared use of an existing Telecommunications Tower. or otherwise substantially change
the physical dimensions of such tower, the Zoning Officer shall review the application. If
the Zoning Officer determines that the shared use is in compliance with the Special Use
Permit and all applicable codes, laws and rules then a Telecommunications Permit will be
issued for this additional equipment.
Section 9. Height of a Telecommunications Tower
A. The Applicant must submit documentation justifying to the Board the total hei ght of any
Telecommunications Tower and/or Antenna and the basis therefor. Such justification shall
be to provide service within the Town, to the extent practicable, unless good cause is
shown.
B. Telecommunications Towers shall be no higher than the minimum height necessary.
Unless waived by the Board upon good cause shown, the presumed maximum height of the
Tower shall be one hundred-forty (140) feet, based on three (3) co-located antenna arrays
and ambient tree height of eighty (80) feet.
C. Telecommunications Tower less than one hundred twenty (120) feet in height shall be
designed to accommodate a future vertical extension of at least twenty (20) feet, to support
the potential co-location of additional antennas for another entity.
Section 10. Visibility of a Telecommunications Tower
A. Telecommunications Towers shall not be artificially lighted or marked, except as required
by law, or as specifically approved by the Board.
B. Telecommunications Towers shall be of a galvanized finish, or painted with a rust-
preventive paint of an appropriate color to harmonize with the surroundings as approved
by the Board, and shall be maintained in accordance with the requirements of this Law.
C. In the case of applications to co-locate on existing Telecommunications Towers, if lighting
is required, Applicant shall provide a detailed plan for lighting which will be as unobtrusive
and inoffensive as is permissible under state and United States regulations, together with
an artist’s rendering or other visual representation showing the effect of light emanating
from the site on neighboring habitable structures within fifteen-hundred (1,500) feet of all
property lines of the parcel on which the Telecommunications Tower is located.
Section 11. Security of Telecommunications Towers
All Telecommunications Towers and Antennas shall be located, fenced or otherwise secured in
a manner which prevents unauthorized access. Specifically:
1) All Antennas, Towers and other supporting structures, including guy wires, shall
be made inaccessible to individuals and constructed or shielded in such a manner
that they cannot be climbed or run into; and
2) Transmitters and Telecommunications control points must be installed such that
they are readily accessible only to persons authorized to operate or service them.
Section 12. Signage
Telecommunications Towers shall contain a sign no larger than four (4) square feet to provide
adequate notification to persons in the immediate area of the presence of an Antenna that has
transmission capabilities. The sign shall contain the name(s) of the owner(s) and operator(s)
of the Antenna(s) as well as emergency phone number(s). The sign shall be located so as to be
visible from the access point of the site. Telecommunications Towers shall also contain a sign
displaying the FCC registration number of the Tower as required by law. No other signage,
including advertising shall be permitted on any Telecommunications Tower or Antenna, unless
otherwise required by law.
Section 13. Lot Size and Setbacks
A. Telecommunications Towers and Accessory Facilities or Structures shall be set back from
any property line a distance sufficient to preserve the privacy and sanctity of any adjoining
parcels.
B. Telecommunications Towers shall be located with a minimum setback from any property
line a distance equal to one half (½) the height of the Tower or the existing setback
requirement of the zoning district, whichever is greater. Further, any Accessory structure
shall be located so as to comply with the minimum setback requirements for the zoning
district in which it is situated.
Section 14. Retention of Expert Assistance and Reimbursement by
Applicant
A. The Board Town may hire any consultant and/or expert necessary to assist the Board Town
in reviewing and evaluating the Application and any requests for recertification.
B. An Applicant shall deposit with the Town funds sufficient to reimburse the Town for all
reasonable costs of consultant and expert evaluation and consultation to the Board Town
in connection with the review of any Application. The initial deposit shall be $7,500.00.
These funds shall accompany the filing of an Application and the Town will maintain an
account for all such funds. The Town’s consultants/experts shall bill or invoice the Town
no less frequently than monthly for its services in reviewing the Application and
performing its duties. If at any time during the review process this account is depleted,
additional funds must be deposited with the Town before any further action or
consideration is taken on the Application. If at the conclusion of the review process the cost
of such consultant/expert services is more than the amount deposited pursuant hereto, the
Applicant shall pay the difference to the Town prior to the issuance of any Special Use
Permit. In the event that the amount held by the Town is more than the amount paid to the
Town’s consultants and experts, the difference shall be promptly refunded to the Applicant.
Section 15. Applicability of Special Use Permit to Telecommunications
Towers.
A. No person shall be permitted to site, place, build, construct or modify, or prepare any site
for the placement or use of, a Telecommunications Tower after the effective date of this
Law without having first obtained a Special Use Permit for a Telecommunications Tower.
Notwithstanding anything to the contrary in this Section, no Special Use Permit shall be
required for the following:
1) A Tower used or proposed to be used solely and exclusively for public safety and
emergency services, including police, fire, ambulance, and rescue.
2) A Tower used or proposed to be used solely and exclusively for such other municipal
services as Highway Department vehicles or public school transportation vehicles.
3) A Tower used or proposed to be used solely and exclusively for private reception of
radio and television broadcast services, Direct-to-home satellite services, Citizen’s
Band, Amateur (Ham) radio, and other similar private, residential communications
systems serving users on an individual property.
4) A Tower proposed to be located on the property of a governmental agency, which
facility has been found not to be subject to the jurisdiction of the Town, or for which
a resolution has been adopted by the Town Board to waive the Special Use Permit.
Co-location of a commercial Antenna on any of the above Towers shall require issuance
of a Special Use Permit.
B. New construction on any existing Telecommunications Tower shall comply with the
requirements of this Law.
Section 16. Public Hearing Required
A. Prior to the approval of any Application for a Special Use Permit for a Telecommunications
Tower, a public hearing shall be held by the Town Board, notice of which shall be published
in the official newspaper of the Town no less than two weeks prior to the scheduled date of
the public hearing. The Applicant, at least three (3) weeks prior to the date of the public
hearing, shall provide to the Town the names and address of all landowners whose property
is located within fifteen hundred (1500) feet of any property line of the parcel on which the
proposed Telecommunications Tower is to be located. The Town Code Enforcement
Officer shall mail to all such landowners notice of such public hearing. Such mailing shall
be by first class mail at least two (2) weeks prior to such hearing.
B. The Board shall schedule the public hearing referred to in Subsection (A) of this Section
once it finds the Application is complete. The Board, at any stage prior to issuing a Special
Use Permit, may require such additional information as it deems necessary.
Section 17. Action on an Application for a Special Use Permit for a
Telecommunications Tower.
A. The Board will undertake a review of an Application pursuant to this law in a timely
fashion, consistent with its responsibilities, and shall act within a reasonable period of time
given the relative complexity of the Application and the circumstances, with due regard for
the public’s interest and need to be involved, and the Applicant’s desire for a timely
resolution.
B. The Board may refer any Application or part thereof to the Planning Board or any advisory
committee for their recommendation.
C. Except for necessary building permits, and subsequent Certificates of Compliance, no
additional permits or approvals from the Town, e.g. special permit, site plan approval or
zoning approvals under the Town of Dryden Zoning Ordinance, shall be required for
Telecommunications Towers or facilities covered by this Law.
D. After the public hearing and after formally considering the Application, the Board may
approve and issue, or deny a Special Use Permit. Its decision shall be in writing and shall
be based on substantial evidence upon a record. The burden of proof for the grant of the
permit shall always be upon the Applicant.
E. If the Board approves the Special Use Permit for a Telecommunications Tower, then the
Applicant shall be notified of such approval in writing within ten (10) calendar days of the
Board’s action, and the Special Use Permit shall be issued within thirty (30) days after such
approval.
F. If the Board denies the Special Use Permit for a T elecommunications Tower, then the
Applicant shall be notified of such denial in writing within ten (10) calendar days of the
Board’s action.
G. The Town’s decision on an Application for a Special Use Permit for a Telecommunications
Tower shall be supported by substantial evidence contained in the written record.
Section 18. Re-certification and Amendment of a Special Use Permit
for a Telecommunications Tower.
A. At any time between twelve (12) months and six (6) months prior to the first five (5) ye ar
anniversary date after the effective date of the permit and all subsequent fifth anniversaries
of the original Special Use Permit for a Telecommunications Tower, the holder of a Special
Use Permit for such Tower shall submit a written request for recertification. In the written
request for re-certification, the holder of such Special Use Permit shall provide the
following:
1) The name of the holder of the Special Use Permit for the Telecommunications
Tower.
2) If applicable, the number or title of the Special Use Permit;
3) The date of the original granting of the Special Use Permit;
4) Whether the Telecommunications Tower has been moved, re-located, rebuilt,
repaired, or otherwise modified since the issuance of the Special Use Permit;
5) If the Telecommunications Tower has been moved, re-located, rebuilt, repaired, or
otherwise modified, then whether the Board Town approved such action, and under
what terms and conditions, and whether those terms and conditions were complied
with and abided by;
6) Any requests for waivers or relief of any kind whatsoever from the requirements
of this Law and any requirements for a Special Use Permit;
7) That the Telecommunications Tower is in compliance with the Special Use Permit
and compliance with all applicable codes, laws, rules and regulations;
7)8) A copy of the documentation of NIER levels for the site, and
8)9) A copy of the inspection and maintenance records for the Tower.
B. If, after such review, the Board Zoning Officer determines that the Telecommunications
Tower is in compliance with the Special Use Permit and all applicable codes, laws and
rules, then the Board Zoning Officer shall issue a recertificationrecertify the Special Use
Permit for the Telecommunications Tower, which may include new provisions or
conditions that are mutually agreed upon, or required by codes, law or regulation.
C. If the Board Zoning Officer does not complete its review, as required by Subsection (B)
above, prior to the anniversary date of the Special Use Permit, then the Applicant shall
receive an extension of the Special Use Permitpermit shall automatically be deemed
extended for six (6) months, in order for the Board Zoning Officer to complete its review.
D. If the holder of a Special Use Permit for a Telecommunications Tower does not submit a
request for recertification of such Special Use Permit within the times required by
Subsection A above, then such Special Use Permit and any authorization thereof shall cease
to exist on the date of the fifth anniversary of the original granting of the Special Use
Permit, or subsequent fifth anniversaries, unless the holder of the Special Use Permit
adequately demonstrates to the Board Zoning Officer that extenuating circumstances
prevented a timely recertification request. If the Board Zoning Officer finds extenuating
circumstances, then the holder of the Special Use Permit may submit a late re-certification
request.
E. The holder of a Special Use Permit may submit a written request for amendment of the
Special Use Permit for the purpose of modifying its existing Antenna installations on a
Telecommunications Tower, as may be necessary to improve coverage, capacity,
deployment of new technology, or other upgraded service. This includes, but is not limited
to:
1) Replacement of one or more of the existing Antennas and/or accessory
equipment with a different model, type, or operating frequency;
2) Change in the quantity of Antennas and/or accessory equipment;
2)3) Change in power level, orientation, or radiation pattern.
F. In the written request for amendmentmodification, the holder of a Special Use Permit shall
provide all of the information listed in subsection A above, as well as specific information
and supporting documentation for the proposed modification.
G. Requests for amendment of a Special Use Permit may be submitted no more than once
annually for that permit.
F. The Board Zoning Officer will undertake a review of a request for amendment, and shall
endeavor to act on such request within ninety sixty (690) days of receiving sufficient
information to perform such review. If, after such review, the Zoning Officer determines
that the modification is in compliance with the Special Use Permit and all applicable codes,
laws and rules, then the Zoning Officer shall issue a Telecommunications Permit for this
modification.
Section 19. Extent and Parameters of Special Use Permit for a
Telecommunications Tower.
The extent and parameters of a Special Use Permit for a Telecommunications Tower shall be
as follows:
1) Special Use Permits shall be non-exclusive;
2) Special Use Permits shall not be assignable or transferable without the express written
consent of the Board, and such consent shall not be unreasonably withheld;
3) Special Use Permits may be revoked, canceled, or terminated for a violation of the
conditions and provisions of the Special Use Permit for a Telecommunications Tower,
or for a material violation of this Law.
4) Special Use Permits may be revoked, canceled, or terminated in the event the required
NIER certifications are not submitted annuallyevery 5 years.
5) If the holder of a Special Use Permit fails to construct the proposed
Telecommunications Tower or the proposed co-location Antennas on an existing
Tower within twelve (12) months after the effective date of the Special Use Permit,
then such permit and any authorization thereof shall expire on the first anniversary of
the effective date, unless an extension is granted by the Board.
6) Any request shall be submitted not less than ninety (90) days i n advance of the above
expiration date, along with justification for the request.
Section 20. Application Fee.
A. The Town Board by resolution may set and update application fees. At the time that a
person submits an Application for a Special Use Permit for a new Telecommunications
Tower, such person shall pay an application fee of $5,000 to the Town of Dryden. If the
Application is for a Special Use Permit for co-locating on an existing Telecommunications
Tower, the fee shall be $1,000. The fee for a Telecommunications Permit shall be $300.
B. No Application fee is required in order to re-certify a Special Use Permit for a
Telecommunications Tower, unless there has been a modification of the
Telecommunications Tower since the date of the issuance of the existing Special Use
Permit. In the case of any such modification, the fees provided in subsection A shall apply.
C.B. (1) At the time that a person submits an application for a Special Use Permit
for a Telecommunications Tower, or for co-location on an existing
Telecommunications Tower, the applicant may submit a written request for a waiver
of a portion of the application fee called for in subsection A above, and/or for the initial
deposit required by Section 14(B) above, and/or for the payment of the reasonable costs
of the Town’s consultant and expert evaluation of any such application as required by
Section 14(B).
(2) No such request shall be considered unless it is in writing and submitted at the
time the application is submitted.
(3) No application shall be considered complete until the town board has determined
by resolution such request. The town board shall hold a public hearing at least ten
(10) days prior notice. At such public hearing the applicant, or the applicant’s
authorized representative, shall present the case for such a waiver. In determining
such request the town board shall consider only such materials that have been
submitted in support of, and in opposition to, such request and the comments made at
such public hearing. In submitting such request the applicant shall be deemed to have
extended the time in which the town board must decide such application by sixty-two
(62) days.
(4) In determining such request for a waiver the town board shall consider the
following:
(a) Whether there is public funding involved for the proposed project, the
source thereof and the amount in relation to the total project cost;
(b) Whether the proposed project would serve an existing under or un-served
population of the town;
(c) Whether the proposed project would benefit public centers such as
schools, community centers, fire stations, etc.;
(d) Whether a similar or the same designed tower is proposed on multiple
sites;
(e) The completeness and sufficiency of the application and the supporting
documentation submitted therewith as required by Local Law No. 2 of the
year 2006;
(f) Whether it is in the overall public interest to waive a portion of the fees
and/or deposit.
Section 21. Performance Security
The Applicant and the owner of record of any proposed Telecommunications Tower property
site shall be jointly required to execute and file with the Town a bond, or other form of security
acceptable to the Town as to type of security and the form and manner of execution, in an
amount and with such sureties as are deemed sufficient by the Board to assure the faithful
performance of the terms and conditions of any Special Use Permit issued pursuant to this Law.
The full amount of the bond or security shall remain in full force and effect throughout the term
of the Special Use Permit and/or until the removal of the Telecommunications Tower and any
necessary site restoration is completed. The failure to pay any annual premium for the renewal
of any such security shall be a violation of the provisions of the Special Use Permit and shall
entitle the Board to revoke the Special Use Permit after prior written notice to the Applicant
and holder of the permit.
Section 22. Reservation of Authority to Inspect Telecommunications
Towers
A. In order to verify that the holder of a Special Use Permit for a Telecommunications Tower
and any and all lessees, renters, and/or licensees of a Telecommunications Tower place and
construct such facilities, including Towers and Antennas, in accordance with all applicable
technical, safety, fire, building, and zoning codes, laws, ordinances and regulations and
other applicable requirements, the Town may inspect all facets of said permit holder’s,
renter’s, lessee’s or licensee’s placement, construction, modification and maintenance of
such facilities, including, but not limited to, Towers, Antennas and buildings or other
structures constructed or located on the permitted site.
B. The Town shall pay for costs associated with such an inspection, except for those
circumstances occasioned by said holder’s, lessee’s or licensee’s refusal to provide
necessary information, or necessary access to such facilities, including Towers, Antennas,
and appurtenant or associated facilities, or refusal to otherwise cooperate with the Town
with respect to an inspection, or if violations of this Law are found to exist, in which case
the holder, lessee or licensee shall reimburse the Town for the costs of such inspection.
C. Payment of such costs shall be made to the Town within thirty (30) days from the date of
the invoice or other demand for reimbursement. In the event that the finding(s) of
violation(s) is/are appealed in accordance with the procedures set forth in this Law, said
reimbursement payment must still be paid to the Town and the reimbursement shall be held
in an account established by the Town specifically for this purpose, pending the final
decision on appeal.
Section 23. Responsibilities of Special Use Permit Holders.
A. The holder of the Special Use Permit for a telecommunications Tower shall construct,
maintain, repair, modify, or restore the permitted Tower in strict compliance with all
current technical, safety and safety-related codes adopted by the Town, County, State, or
United States, including but not limited to the most recent editions of the National Safety
Code and the National Electronic Code, the rules and regulations of the FAA and the FCC,
as well as accepted industry practices and recommended practices of the National
Association of Tower Erectors. The codes referred to include, but are not limited to
construction, building, electrical, fire, safety, health, and land use.
B. The holder of the Special Use Permit granted under this Law shall obtain, at its own
expense, all permits and licenses required by any other applicable law, rule, regulation, or
code, and must maintain the same, in full force and effect, for as long as required by the
Town or other governmental entity or agency having jurisdiction over the Applicant.
C. The holder of the Special Use Permit shall periodically inspect and at all times maintain
the permitted Tower in compliance with this Law and all conditions of the Special Sue
Permit, including but not limited to items of structural integrity, corrosion protection, visual
appearance, lighting, RF emissions, security, and grounding.
D. The holder of the Special UsSue Permit shall annually at the time of recertification provide
documentation to the Town that NIER levels at the site are within the threshold levels
adopted by the FCC.
Section 24. Liability Insurance.
A. A holder of a Special Use Permit for a Telecommunications Tower shall secure and at all
times maintain insurance coverage for the duration of the Special Use Permit in amounts
as set forth below:
1) Commercial General Liability: $1,000,000 per occurrence/$2,000,000
aggregate;
2) Automobile Coverage: $1,000,000 per occurrence/$2,000,000
aggregate;
3) Workers Compensation and disability: statutory amounts.
B. When the Town is the owner, lessor or otherwise has a legal insurable interest in the site of
the Tower, the Commercial General Liability insurance policy shall specifically include the
Town and its officers and employees as additional insureds.
C. The insurance policies shall be issued by an agent or representative of an insurance
company licensed to do business in the State.
D. The insurance policies shall contain an endorsement obligating the insurance company to
furnish the Town with at least thirty (30) days written notice in advance of the cancellation
of the insurance.
E. Renewal or replacement policies or certificates shall be delivered to the Town at least
fifteen (15) days before the expiration of the insurance which such policies are to renew or
replace.
F. Before construction or other work on a site or on a Telecommunications Tower is initiated,
but in no case later than fifteen (15) days after the issuance of the Special Use Permit, the
holder of the Special Use Permit shall deliver to the Town certificate s of insurance
representing the required coverage and amounts.
Section 25. Indemnification.
When the Town is the owner, lessor or otherwise has a legal insurable interest in the site of the
Tower, the Special Use Permit issued pursuant to this Law shall contain a provision with respect
to indemnification. Such provision shall require the holder of the Special Use Permit, to the
extent permitted by the law, to at all times defend, indemnify, protect, save, hold harmless, and
exempt the Town, its officers, and employees, from any and all penalties, damage, or charges
and including, but not limited to, reasonable attorney’s fees and fees of consultants and expert
witnesses arising out of any claims, suits, demands, causes of action, or award of damages,
whether compensatory or punitive, or expenses arising therefrom, either at law or in equity,
which might arise out of, or are, caused by, the construction, erection, modification, location,
products performance, operation, maintenance, repair, installation, replacement, removal, or
restoration of a Telecommunications Tower within the Town.
Section 26. Penalties.
A. A violation of this Law or any provisions, term or condition of a Special Use Permit issued
pursuant to this Law is an offense and upon conviction thereof the holder of the Special
Use Permit shall pay to the Town a penalty as set forth in this Section.
B. Each day that a violation exists beyond one (1) week following written notification by the
Town of such violation shall constitute a separate violation, subject to a separate penalty
without the requirement of further notification of violation.
C. For situations where there is an imminent threat to the health or safety of the public, or the
employees of any user or occupant of the Telecommunications Tower, there shall be no
requirement for written notification by the Town to the holder of the Special Use Permit.
In such situations verbal notification, delivered personally or by telephone, shall be deemed
sufficient notice.
D. Amounts of Penalty:
1) For violation of any safety-related requirement, $1,000 per day per occurrence;
2) For failure to maintain the permitted site in a safe condition and as required, $1000
per day per occurrence;
3) For construction or beginning construction, including site preparation without a
Special Use Permit or undertaking any change or modification in or to a
Telecommunications Tower without a Special Use Permit, $1,000 per day per
occurrence;
4) For failure to pay to the Town any moneys owed for any reason, $200 per day per
occurrence;
5) For failure to comply with any applicable Town, County, State or United States
laws, ordinances, rules, regulations or requirements, $1,000 per day per
occurrence.
E. In addition to any penalty provided for herein the Town may also seek injunctive relief in
a court of competent jurisdiction to prevent the continued violation of this Law.
Section 27. Default and/or Revocation.
A. If a Telecommunications Tower or Telecommunications structure is repaired, rebuilt,
placed, moved, re-located, modified or maintained in a manner not in compliance with the
provisions of this Law or the Special Use Permit, then the Board shall notify the holder of
the Special Use Permit in writing of such violation. Such notice shall specify the nature of
the violation or non-compliance and that the violations must be corrected within seven (7)
days of the date of the postmark of the Notice, or the date of personal service of the Notice,
whichever is earlier. Notwithstanding anything to the contrary in this Subsection or any
other Section of this Law, if the violation causes, creates or presents an imminent danger
or threat to the health or safety of lives or property, the Board may, in its sole discret ion,
order the violation remedied within twenty-four (24) hours.
B. If within the period set forth in (A) above the Telecommunications Tower or
Telecommunications structure is not brought into compliance with the provisions of this
Law, or the Special Use Permit, or substantial steps are not taken in order to bring the
Telecommunications Tower or Telecommunications structure into compliance, then the
Board may, after a public hearing upon notice to the holder of the Special Use Permit,
revoke such Special Use Permit and shall notify the holder of the Special Use Permit within
forty-eight (48) hours of such action.
Section 28. Removal of a Telecommunications Tower.
A. Under the following circumstances, the Board may determine that the health, safety, and
welfare interests of the Town warrant and require the removal of a Telecommunications
Tower:
1) a Telecommunications Tower with a permit has been abandoned (i.e. not used as a
Telecommunications Tower) for a period exceeding ninety consecutive (90) days or
for a total of one hundred-eighty (180) days in any three hundred-sixty five (365) day
period, except for periods caused by force majeure or Acts of God;
2) a permitted Telecommunications Tower falls into such a state of disrepair that it
creates a health or safety hazard;
3) a Telecommunications Tower has been located, constructed, or modified without first
obtaining the required Special Use Permit, or any other necessary authorization;
B. If the Board makes a determination as noted in subsection A above, then the Board shall
notify, in writing within forty-eight (48) hours of such determination, the holder of the
Special Use Permit that said Telecommunications Tower is to be removed. In the event
that no Special Use Permit was issued for the Tower, such notification shall be provided to
the property owner of record. The Board may approve a Temporary Use Agreement/Permit,
to enable the sale of the Tower prior to its removal.
C. The holder of the Special use Permit, or its successors or assigns, shall dismantle and
remove such Telecommunications Tower, and all associated structures and facilities, from
the site and restore the site to as close to its original condition as is possible, such restoration
being limited only by physical or commercial impracticability, within ninety (90) days of
receipt of written notice from the Board. However, if the owner of the property upon which
the Telecommunications Tower is located wishes to retain any access roadway to the Tower
site, the owner may do so with the approval of the Board.
D. If a Telecommunications Tower is not removed or substantial progress has not been made
to remove the Telecommunications Tower within ninety (90) days after the permit holder
has received notice, then the Board may order officials, representatives or contractors of
the Town to remove the Telecommunications Tower at the sole expense of the landowner
and permit holder.
E. If the Town removes, or causes to be removed, a Telecommunications Tower, and the
owner of the Telecommunications Tower does not claim the property and remove it from
the site to a lawful location within ten (10) days, then the Town may take steps to declare
the Telecommunications Tower abandoned, and sell it and its components.
F. Notwithstanding anything in this Section to the contrary, the Board may approve a
Temporary Use Agreement/Permit for the Telecommunications Tower, for no more ninety
(90) days, during which time a suitable plan for removal, conversion, or re-location of the
Telecommunications Tower shall be developed by the holder of the permit, subject to the
approval of the Board, and an agreement to such plan shall be executed by the holder of
the permit and the Town. If such a plan is not developed, approved and executed within the
ninety (90) day time period, then the Town may take possession of and dispose of the
Telecommunications Tower in the manner provided in this Section.
Section 29. Relief
Any Applicant desiring relief or exemption from any aspect or requirement of this Law may
request such from the Board at a pre-Application conference, provided that the specific request
for the relief or exemption is contained in the original Application f or a Special Use Permit, or
in the case of an existing or previously granted Special Use Permit in a request for modification
of a Telecommunications Tower and/or facilities. Such relief may be temporary or permanent,
partial or complete, at the sole discretion of the Board. However, the burden of proving the need
for the requested relief or exemption is solely on the Applicant to prove to the satisfaction of the
Board. The Applicant shall bear all costs of the Board or the Town in considering the request
and the relief shall not be transferable to a new or different holder of the permit or owner of the
Tower or facilities without the specific written permission of the Board, and such permission
shall not be unreasonably withheld. No such relief or exemption shall be approved unless the
Applicant demonstrates by clear and convincing evidence that, if granted, the relief or exemption
will have no significant eaffect on the health, safety and welfare of the Town, its residents and
other service providers.
Section 30. Conflict with Other Laws
Where this Law differs or conflicts with other laws, rules and regulations, unless the right to do
so is preempted or prohibited by county, state or United States laws, rules or regulations, the
more restrictive or protective of the Town and the public shall apply.
Section 31. Effective Date.
This Law shall be effective immediately upon filing the same with the New York Secretary of
State and shall apply to all applications pending or filed after the effective date.
Section 32. Authority.
This Local Law is enacted pursuant to the Municipal Home Rule Law. This Local Law shall
supersede the provisions of Town law to the extent it is inconsistent with the same, and to the
extent permitted by the New York State Constitution, the Municipal Home Rule Law, or any
other applicable statute.
LOCAL LAW SECTION 3. EFFECTIVE DATE.
This Local Law shall take effect immediately upon filing in the office of the New York State
Secretary of State in accordance with section 27 of the Municipal Home Rule Law.