Town of Fenton Town Board WORK SESSION March 25 th, 2015 File #WS_MAR Page 1 of 7

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1 File #WS_MAR Page 1 of 7 The Town of Fenton Town Board held its regular Work Session on Wednesday, March 25 th, 2015, at 6:00 PM at the Fenton Town Hall, 44 Park Street, Port Crane, New York. PRESENT: Town Board Members Gary Holcomb, Deputy Supervisor Michael Husar, Councilman Jeff Kraham, Councilman Town Engineer Richard Bassler, P.E. Highway Superintendent Frank Root, Jr. Town Clerk Melodie Bowersox Administrative Asst./Bookkeeper Susan Crosier ABSENT: Town Board Members David Hamlin, Supervisor Richard Pray, Councilman Town Attorney Albert Millus, Jr. Review Abstract #3, 2015 Vouchers #47, TI Sales, under Hillcrest Water District, was discussed. This is the annual maintenance fee for the handheld water meter monitor. The question was raised as to whether it would be better to purchase our own monitor. Dick Bassler said the monitors cost around $15,000 so it was decided to stay with the current plan. After a review of the Abstract, Mr. Husar moved to approve payment of the bills for Abstract #3, 2015, seconded by Mr. Kraham. Motion carried. VOTE: Ayes 3 Holcomb, Husar, Kraham Nays 0 Absent 2 Hamlin, Pray Reappoint Bev Krinik to Board of Assessment Mr. Husar made a motion to reappoint Bev Krinik to the Board of Assessment Review, seconded by Mr. Kraham. Motion carried. VOTE: Ayes 3 Holcomb, Husar, Kraham Nays 0 Absent 2 Hamlin, Pray Appoint Paul Cirba to Board of Assessment Mr. Hamlin and Assessor Cindy Mills are recommending that Paul Cirba be appointed to the Board of Assessment Review to replace James O Hara, who recently passed away. Mr. Kraham made a motion to appoint Paul Cirba to the Board of Assessment Review, seconded by Mr. Kraham. Motion carried. VOTE: Ayes 3 Holcomb, Husar, Kraham Nays 0 Absent 2 Hamlin, Pray Kitchen Reduced Improvements With the hiring of a new Custodian and the way the kitchen is now being cleaned, the consensus is that the previous improvements that were discussed for the kitchen may be able to be reduced. The countertop still needs to be replaced

2 File #WS_MAR Page 2 of 7 and Mr. Kraham will contact Jim Conrad of Custom Craft Cabinets, Inc., who lives on Beartown Road in Port Crane, for a quote. Sue Crosier and Mr. Kraham will go to Lowe s again to look at a stove replacement. Randy Ritter, Deputy Highway Superintendent, may have an interested party in the pizza ovens. Hillcrest Playground The Town has decided to assist the Hillcrest Civic Association by taking over the Hillcrest Park. Mr. Holcomb has been in communication with Matt Leonard, President of the Hillcrest Civic Association, and Lorry Cole, our insurance representative. The land can be covered under our existing liability insurance at no additional charge. There is a building and playground equipment on the land that may be an additional cost. Mr. Holcomb is waiting to hear from Matt on the value of these two items. The Children s Home has agreed to assist the Civic with the maintenance of the Park. Computer Backup and IP Address Currently the Town and Court backups are stored onsite at the Town Hall. We are working on having the backups stored offsite at the Highway Department. Time Warner Cable will be setting up a static IP address at the Highway Department on March 30 th so that the Town and Court backups can be on separate servers there. The servers will be locked in a cabinet. Bob Bartilotti, the Town s IT Technician, will do the necessary setup here at the Town. The plan is to have the computers shut down at night, then when the computers are powered up in the morning, a backup of any changes that have been made will be done. Once the new system is up and running, the Town will perform a disaster recovery simulation every six months. Port Crane Fire District New EMS Vehicle Replacement The Port Crane Fire Company is replacing their EMS vehicle with a 2015 Chevy Tahoe. A resolution to purchase the vehicle was presented to the Town Board and read by Mr. Holcomb. The Fire Company is seeking the Town Board s approval of the purchase. Mr. Husar proposed that Atty. Millus look at the resolution to ensure the Town Board is handling purchases of the Chenango Forks and Hillcrest Fire Companies the same way. Unsafe Structures Status Atty. Millus has been involved with a court case and has not had a chance to work on the Unsafe Structures. He will work on them as soon as the court case is finished. Fire Inspections Underway One of the requirements in the Town Code is for businesses and multi-family dwellings to have fire inspections done (section 67-7.B.). Building Inspector Matt Banks has sent out letters to multiple properties to schedule the Fire Inspections. Arcade Open The Hillcrest Arcade opened on parade day. The large room has machines for little kids and nice murals on the wall. Arrangements have been made with Suzy Q s to do ice cream cakes. They have an employee supervising the Arcade, separate from employees in Subway. No complaints have been received from neighbors thus far, but Country Additions has

3 File #WS_MAR Page 3 of 7 been seen taking pictures of the activities going on at the Arcade and measuring their signs. There was a discussion about the ongoing parking issues with businesses in the Hillcrest area. The Town Board has requested that the Planning Board look into creative solutions for local businesses to meet parking requirements as outlined in our Town Code. Well #3 Refurbishment Dick Bassler needs to talk to Mr. Pray about using the ARC program to fund part of the well refurbishment for well #3. Dick has some questions regarding the paperwork. NYSEG Light Replacement Letter NYSEG recently replaced the lights at the Town Hall and now Mr. Kraham received a letter stating they would like to replace those lights with LED lights. Fenton Free Library Korin Spencer is interested in expanding the Fenton Free Library. The Library is running out of room and even if the upstairs room is fixed, it may not be large enough. She would like to add on to the end of the building. Korin is looking into possible grant money to assist with costs. Bryant Heating may still be interested in helping out with the upstairs room. Last year they replaced the furnace and did not charge them for materials and labor. Bryant Heating will be featured in the Town Newsletter for their service to the Library. JCAP Grant Part of the JCAP Grant includes four additional cameras for the security system. Two are for outside the Town building, one is for the kitchen, and one is for the Town Meeting Room. The Town Board would like to discuss this matter at the next Town Board Meeting when more Town Board members are present to see what everyone s opinion is. The Meeting Room is often used by the Court for DA day, trials, and meetings of attorneys with their defendants; however, Town Board Executive Sessions are typically not recorded and this may be an issue with a camera in the room. Climate Smart Communities Program André LaClair forwarded information to the Town Board regarding the Climate Smart Communities Program. André gave a brief overview of the Program, which he would like the CAC to look into further and the Town Board to support. The Climate Smart Communities Program is a state and local government partnership that has been developed to assist communities in their efforts to mitigate and adapt to climate change. To join this no fee, voluntary program, a local government must pass a resolution adopting the ten-point Climate Smart Community pledge, which outlines actions by which communities can reduce their greenhouse gas emissions and prepare for the effects of climate change André said that once the Town Board takes the pledge, they would try do the actions listed such as adapt to a climate change and be more energy efficient, which would provide opportunities for grant funding. He would also like to have the CAC involved in an in-depth Town watershed study. Dick Bassler is currently working on watershed studies for Joe Martinichio s property and the Chenango Valley School District s new multi-purpose fields. Dick will pass this information on to the CAC.

4 File #WS_MAR Page 4 of 7 PUBLIC HEARING PROPOSED TELECOMMUNICATION DISTRICT Mr. Holcomb read the Public Hearing Notice: PLEASE TAKE NOTICE that the Town Board of the Town of Fenton will conduct a public hearing on Wednesday, March 25, 2015, to consider the application of Binghamton MSA Ltd. Partnership, doing business as Verizon Wireless, for the creation of a telecommunication district on premises located at 227 West Arterial Highway (Broome County Tax Map No ) in the Town of Fenton. The application is brought pursuant to Article IIIA of the Town Code of the Town of Fenton. The public hearing will be conducted pursuant to Section D through.g of the Town Code. The public hearing will be conducted at the Town Hall, 44 Park Street, Port Crane, New York at 7:00 p.m. The applicant proposes to construct on the premises a monopole tower, 110 feet in height (with an additional 10 foot lightning rod), a 12-foot by 30-foot equipment shelter, and other associated improvements as shown on a site plan accompanying the application. If the Town Board creates the telecommunications district, the applicant will then be required to apply to the Town Planning Board for permission to construct the tower pursuant to the Planning Board s power to grant site plan approval. The ultimate purpose of the tower is to provide cell phone service in the Town of Fenton and surrounding vicinity. Copies of the application and related documentation may be inspected and copied at the office of the Town Engineer at the Town Hall, 44 Park Street, Port Crane, New York. The Town Engineer, Richard Bassler, may be contacted at (607) , extension 6. If the Town Engineer is not available, interested persons can contact the Town Clerk, Melodie Bowersox, at (607) , extension 1. Copies will be charged at the rate of $0.25 per page. At the public hearing, all interested persons will be heard either for or against said application. Dated: Port Crane, New York February 27, 2015 BY ORDER OF THE TOWN BOARD Three representatives for the Verizon Cell Tower Application attended the meeting: Robert Brenner, Esq., Attorney representative for the law firm Nixon Peabody LLP out of Rochester, NY, Jilian Fancher, Site Acquisition Consultant, and Yad Singh, RF Engineer. Robert Brenner, Esq. addressed the Town Board. The project consists of a 110 monopole communications tower with an additional 10 lightning rod on top of the tower and an antenna

5 File #WS_MAR Page 5 of 7 array on the tower with 12 antenna panels. Verizon would be leasing the property from the property owner, Joe Martinichio, at 227 W. Arterial Highway, and Verizon would be referring to this site as the Chenango Downtown Site. There would also be a prefabricated 12 x30 equipment shelter in a fenced compound. Required certified mailings were sent to residents on Cornell Avenue and Hadsell Court regarding the project. Robert briefly discussed the material covered in Exhibits A-O then opened the floor for questions. John Miller, resident of Town of Fenton John asked if West Arterial Highway is the same as West Service Road. They are the same. West Service Road is the new name for the road. Mr. Husar AT&T had told the Board that the reason they needed a tower was because Verizon would not cooperate with them on collocation. Robert responded that he could not speak to any assertion that AT&T would have made but that presently Verizon is willing to work with other providers. Mr. Husar Is this tower for the immediate area (pointed out in one of the drawings in the exhibit material)? The company needs to provide coverage in the areas where there is no coverage or where the coverage falls below the company s threshold. In addition, the tower would be offloading neighboring towers that currently serve the area to allow them to function as intended and propagate their signal further to more customers. Mr. Husar The County brought up two main issues: 1) The tower would be close to Town of Chenango. Robert responded that Verizon would not have to do any work with Town of Chenango because the property is within the Town of Fenton municipality. 2) The tower would be in the middle of the Hillcrest Water District s aquifer. The Verizon engineers will work with the Town engineers on this matter and do not plan to dig into the ground much more than a few feet. Mr. Husar Are we going to be able to do balloon tests to see how things will look? Robert replied that a balloon test was done and Exhibit J gives a report of this. Mr. Husar, however, would like to have witnesses to the balloon test(s). (Greg Starley, DCO, and Rick Armstrong, Assistant Town Engineer, did witness the balloon test.) Robert stated that if the Town Board is inclined to condition their approval to create the telecommunications district on having a witness to balloon testing, then Verizon would have to comply with that condition. (There were problems with the AT&T tower that was put up a few years ago and balloon testing that was done in conjunction with that tower.) Mr. Husar Could a flag be put on top of the tower? It could, but it would interfere with collocation. Mr. Husar How was the height of the tower determined? Robert replied that it is the minimum height Verizon Wireless needs to transmit its signals. Exhibit F details this further. Mr. Kraham Is one of the reasons the tower is being installed because of the increase in downtown residents, mainly students? Downtown Chenango Site is mainly a term used for this site; the area centralizes on Chenango Street/Hillcrest section of Town of Fenton and across the river on Front Street and Lowe s area, which is Town of Chenango. It does not reach the Chenango Valley State Park area. There may be proposed solutions in adjacent Towns in the future that will address coverage issues of our Town that this tower cannot address.

6 File #WS_MAR Page 6 of 7 Mike Ward, member of ZBA There were comments at the previous meetings that the search area was very narrow and that the Town would prefer to have the tower on Town of Fenton property. Is it viable to support a tower and is it inside enough of the area to satisfy their need without having it stick right out on the road where everyone will be viewing it as they drive by? Robert commented that the Site Selection Report has been on file with the Town since January and that Verizon reached out to the Town in connection with the Hillcrest Water District property at 30 Hadsell Road. Numerous attempts were made to contact the Town for interest in leasing at that property and there was no response or interest. The letter(s) was addressed to Mr. David Hamlin. A taller tower would have been necessary if this site was selected and possible variances due to the water tank being close to the tower. Due to no response, the company moved on with their selection process. André LaClair, Chairman of CAC If the tower were to be put on Fenton property, there would be a requirement to be met of 150 clearance circle if the tower were to collapse, considering it would be by the water towers (this is within the Town ordinance). André questioned whether the FAA applications had been done yet. Rick Armstrong noted that with the County s reply, the Commissioner of Aviation requested that the FAA form 7460 be filed with the FAA. Rick Armstrong, Assistant Town Engineer Rick inquired as to the elevation at the proposed tower site. Yad responded 850. André LaClair The river located by the proposed tower site is a migratory pathway so André contacted DEC because we have issues with bald eagles nesting in the vicinity. FYI there are no problems with the tower height and given there are no support guide wires; the only concern is that ravens and ospreys have taken a liking to nesting on these towers. This issue would need to be monitored and Verizon would have to follow Federal guidelines for removal of any nests. Robert did state that there is an individual in the upstate New York region who is assigned to addressing the Federal notice issues, such as FAA regulations, historic properties, and fishing/wildlife regulations. A copy of this can be provided to the Town. John Miller Is the property located in a flood plain? Yes, it is, and Robert commented that this has been addressed in the application documents. The shelter has been elevated so that water can pass underneath the shelter. Mr. Holcomb Is another company able to collocate on the tower and raise the height of the tower? Should another provider need additional height, that provider would need to appear before the Town of Fenton to request the additional height. According to Federal regulations, the height of an existing tower can be extended by 10% of the height of the existing tower, but this does not mean that the applicant does not have to come back before the Town for approval. If the Town were to deny the request, the applicant could pursue judicial avenues. At this point in the meeting, Robert entertained a motion by the Town Board to create a telecommunications district, allowing Verizon to return to the Planning Board and address any remaining concerns they may have while they are reviewing the site plan for final approval. There was a discussion amongst the Town Board members and it was decided to hold the vote

7 File #WS_MAR Page 7 of 7 over until after the Planning Board meets next Tuesday, March 31 st, 2015 and reviews some of the questions that were brought up at tonight s meeting. The specific items that the Town Board would like addressed are: balloon test with witnesses, affect(s) on the Town s aquifer, raising above the floodplain, and written explanation from Verizon as to what the process is if another company requests to collocate on the tower. Public Hearing closed at 7:53 PM Rick Armstrong pointed out to Robert that Verizon may want to consider having a foundation plan for the tower and elevate the fuel tank just as the equipment shelter is prior to meeting with the Planning Board. Also, Dick Bassler suggested that the lighting plan and landscaping plan, as recommended by BC Department of Planning and Economic Development, be addressed prior to meeting with the Planning Board. At 8:00 PM, Mr. Holcomb adjourned the meeting. Melodie A. Bowersox, Town Clerk