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Community Bank System to pay dividend of 34 cents a share in January
DeWITT — Community Bank System, Inc. (NYSE: CBU) announced that its board of directors has declared a quarterly cash dividend of 34 cents a share on its common stock. It will be payable on Jan. 10, to shareholders of record as of Dec. 15. The dividend is the same amount that Community Bank paid last […]
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DeWITT — Community Bank System, Inc. (NYSE: CBU) announced that its board of directors has declared a quarterly cash dividend of 34 cents a share on its common stock. It will be payable on Jan. 10, to shareholders of record as of Dec. 15.
The dividend is the same amount that Community Bank paid last quarter, when it boosted the quarterly payment by 2 cents a share. The DeWitt–based banking company has hiked its dividend for 25 straight years.
The dividend represents an annualized yield of about 2.6 percent, based on the company’s current stock price.
Community Bank System operates more than 230 branches across upstate New York, Northeastern Pennsylvania, Vermont, and Massachusetts through its banking subsidiary, Community Bank, N.A. It has total assets of about $10.8 billion, ranking it among the nation’s 150 largest financial institutions.
Genius NY semifinalists are working to make the final cut in program’s second round
SYRACUSE — The 16 semifinalists in the second round of the Genius NY program are working on video presentations explaining why their company would be the “best fit” for Genius NY. A panel of local judges will review the presentations and select the six finalists participating in Genius NY 2.0. CenterState CEO should announce the
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SYRACUSE — The 16 semifinalists in the second round of the Genius NY program are working on video presentations explaining why their company would be the “best fit” for Genius NY.
A panel of local judges will review the presentations and select the six finalists participating in Genius NY 2.0.
CenterState CEO should announce the six finalists for Genius NY in late December.
Genius NY, a business-accelerator program at CenterState CEO’s Syracuse Technology Garden, on Nov. 16 announced the 16 semifinalists in the competition’s second round.
Genius NY stands for Growing ENtrepreneurs & Innovators in UpState New York.
The companies, which are developing innovations in the unmanned aircraft systems (UAS) industry, were selected from a highly competitive pool of more than 250 submissions to compete for $3 million in investments.
Of the 16 semifinalists, three teams represent Switzerland and the United Kingdom. Additionally, women co-founded three teams chosen as semifinalists, according to CenterState CEO.
“We are excited to welcome these forward-thinking entrepreneurs to Central New York for round two of the Genius NY competition,” Howard Zemsky, president, CEO & commissioner of Empire State Development, said in a CenterState CEO news release. “This unique contest supports UAS startups in developing the next-generation technologies that are helping Central New York, and its burgeoning drone industry, to rise.”
The semifinalists are:
• AgriSense, which is headquartered in the Finger Lakes region, according to its website.
• AndroMeta-X, which CenterState CEO lists as a New York company
• Quantifly, a New York company
• Kairos Weather Corporation, from New York
• SkyTubeLive, a New York company
• Syracuse University applicant (new company)
• Dropcopter, California
• Dronetechuav, Texas
• Fovea Aero Systems LLC, New Jersey
• Kinaptic, Maine
• Precision Vision, New Mexico
• USDRobotics, Florida
• Systems Technology Solutions, New Mexico
• OneSky, Switzerland
• Fotokite, Switzerland
• BioCarbon Engineering, United Kingdom
Growing in CNY
The competition’s judges will be looking for companies that will stay in the Central New York region and utilize the ecosystem, will scale and be successful, and represent diversity of technology focus and team makeup.
“The teams we have selected represent the very best of an incredibly competitive application pool,” Rick Clonan, VP of innovation and entrepreneurship at CenterState CEO, said in the release. “These high-quality teams will benefit from the success of the program’s first round and will have the necessary resources to accelerate the growth of their businesses while contributing to the region’s leading expertise and advancement of the UAS industry.”
The program, which is funded by Empire State Development in a model similar to Buffalo’s 43North program, will invest more than $3 million in six companies over the course of the year-long competition, “making it the largest business accelerator competition for the UAS industry in the world,” CenterState CEO said.
The advancement of the Genius NY program builds on the progress of CNY Rising, the region’s award-winning “strategic plan to generate robust economic growth and community development.”
CenterState CEO will announce the grand prizes during an event in April, where teams will compete live by pitching their technologies to a panel of judges. The program will award three grand-prize investments, including $1 million, $600,000, and $400,000.
The remaining runner-up teams will each receive a $250,000 investment.
Onondaga County hotel occupancy rate rises nearly 2 percent in October
Hotels in Onondaga County generated a slight increase in overnight guests in October than in the year-ago month, according to a new report. The hotel occupancy rate (rooms sold as a percentage of rooms available) in the county increased 1.6 percent to 64.2 percent in October from 63.2 percent a year prior, according to STR,
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Hotels in Onondaga County generated a slight increase in overnight guests in October than in the year-ago month, according to a new report.
The hotel occupancy rate (rooms sold as a percentage of rooms available) in the county increased 1.6 percent to 64.2 percent in October from 63.2 percent a year prior, according to STR, a Tennessee–based hotel market data and analytics company. Year to date, Onondaga County’s occupancy rate is down 3.7 percent to 58.5 percent.
Revenue per available room (RevPar), a key industry gauge that measures how much money hotels are bringing in per available room, rose 1.7 percent to $68.90 this October from $67.73 in October 2016. Year to date, Onondaga County’s RevPar is down 3.9 percent to $59.73.
Average daily rate (or ADR), which represents the average rental rate for a sold room, edged up 0.2 percent to $107.37 in October, compared to $107.19 a year earlier. Year to date, Onondaga County’s ADR is off 0.2 percent to $102.17, according to STR.

State helping Cornell with $80 million CHESS facility upgrade
ITHACA — Empire State Development has offered Cornell University a “performance-based,” $15 million “Southern Tier Soaring” Upstate Revitalization Initiative (URI) grant to support upgrades and improvements at the CHESS facility. CHESS, which is short for Cornell High Energy Synchrotron Source, is a scientific research facility in Ithaca that has plans for more than $80 million
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ITHACA — Empire State Development has offered Cornell University a “performance-based,” $15 million “Southern Tier Soaring” Upstate Revitalization Initiative (URI) grant to support upgrades and improvements at the CHESS facility.
CHESS, which is short for Cornell High Energy Synchrotron Source, is a scientific research facility in Ithaca that has plans for more than $80 million in improvements, the office of Gov. Andrew Cuomo announced Nov. 15.
Cornell will use the state grant funding to pay for capital improvements to CHESS, including its X-ray beam lines and experimental stations.
The National Science Foundation will also provide “significant” support to the more than $80 million in facility upgrades, Cuomo’s office said. The upgrades will include updates to the Cornell Electron Storage Ring, the accelerator that powers CHESS for X-ray operations.
Cornell will create at least 100 new “high-paying, high-technology” jobs while retaining 150 jobs at the facility, because of this project.
Once completed, CHESS will be among the five synchrotron source facilities for “high-energy, high-flux X-ray studies in the world,” Cuomo’s office said in a news release.
About CHESS
Built between 1978 and 1980, CHESS is a “high-intensity,” X-ray source that provides X-ray facilities to researchers from “across the nation and around the world,” according to Cuomo’s office.
It uses synchrotron light given off by charged particles — electrons and positrons — as they circulate in a ring at nearly the speed of light.
The X-ray beams generated at CHESS help scientists and researchers understand materials from airplane wings to cell membranes, from pollutants in plants to matter under earth-core pressures.
CHESS develops tools and techniques to explore biological, electronic, and structural materials, as described in Cuomo’s release. Its scientists and engineers develop new instrumentation, technologies, and processing techniques that are “highly” sought by other global laboratories, universities, and research organizations.
As new synchrotron technologies and processes are invented at CHESS, they will be transferred, along with development support, to New York companies who sell the products and services to global customers.
“CHESS, and its expert staff, generate a lot of new technologies and require very sophisticated components. By working with local companies, CHESS stays at the scientific forefront internationally, and serves as a catalyst for advanced manufacturing in the region,” Joel Brock, director of CHESS, said.
CHESS utilizes funding from the National Science Foundation and the National Institutes of Health for operations. By leveraging the facility’s capabilities and the URI grant, CHESS is positioned to win continued federal funding through 2024 and beyond.
Gillibrand pushes bill to provide funding for manufacturing training
BINGHAMTON — U.S. Senator Kirsten Gillibrand (D–N.Y.) is co-sponsoring a bipartisan bill that would direct federal funding to high-tech training and education programs in high schools and institutions of higher learning. The Democrat contends it would give more students the opportunity to learn the skills “necessary” to obtain good-paying jobs in the high-tech manufacturing sector.
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BINGHAMTON — U.S. Senator Kirsten Gillibrand (D–N.Y.) is co-sponsoring a bipartisan bill that would direct federal funding to high-tech training and education programs in high schools and institutions of higher learning.
The Democrat contends it would give more students the opportunity to learn the skills “necessary” to obtain good-paying jobs in the high-tech manufacturing sector.
The bill is known as the “21st century strengthening hands on programs that cultivate learning approaches for successful students act,” also known as the Shop Class Act.
U.S. Senator Todd Young (R–Ind.) is a cosponsor of this bill, according to Gillibrand’s office.
U.S. Representatives Tim Ryan (D–Ohio), Steve Stivers (R–Ohio), Mark Takano (D–Calif.), and Susan Brooks (R–Ind.) introduced a version of the bill in the House of Representatives as well.
Gillibrand discussed the legislation during a Nov. 20 visit to the Broome–Tioga BOCES in Binghamton.
Technologies like three-dimensional (3D) printers, laser cutters, and computerized machine tools are “increasing the need” for specialized training for manufacturing jobs.
To prepare students with the skills needed for high-tech jobs, the legislation would amend the Perkins Career and Technical Education (CTE) Act to give “greater priority” to funding maker education, the development of maker spaces, and training for teachers in the application of maker education, according to Gillibrand.
“Many manufacturing companies in our state have job openings with good salaries, but they can’t fill them because too many workers haven’t had the opportunity to learn the skills they need to take on those jobs. We need to fix this,” Gillibrand said in a news release. “I’m proud to introduce new bipartisan legislation to make sure tech-ed classes are teaching students how to use the latest high-tech tools, like 3D printers, that manufacturing companies expect them to know how to use. Our students should be able to take many different paths in order to get a good job and earn a good salary, and this bill would help equip more students with the skills they need to get on a path toward good-paying high-tech jobs when they graduate high school.”
Providing students with access to equipment such as 3D printers and laser cutters is “critical,” according to James Mullins, assistant superintendent of Broome-Tioga BOCES.
“It is vitally important that students continue to learn on the latest state-of-the-art technologies, in order to be successful in the ever changing global business world. This will offer our students the skills necessary to prepare them for the high-demand career opportunities available,” he said in the Gillibrand release.
CTE programs
Career and technical-education (CTE) programs at the high school and community-college level provide training and education for “in-demand, good-paying” jobs in industries ranging from manufacturing to health care to computer programming.
Gillibrand’s release listed statistics indicating what the lawmaker contends is the “importance” of CTE programs.
CTE high school and post-secondary programs in New York had an estimated 377,000 students enrolled from 2015 to 2016. During this same period, more than 1,500 high-school students in Broome and Tioga counties participated in career and technical education.
Technical-skill jobs that require a high-school diploma but not a four-year degree make up the “largest part” of the labor market and “close to almost half” of job openings in New York state through 2024, according to Gillibrand’s office.
The overall number of technical-skill jobs is expected to increase by an estimated 2,750 positions in the Southern Tier by 2022, the office added.
The investment in vocational education would give more students the technical skills needed for good-paying jobs, offering “hands-on learning experiences for students to use high-tech industrial tools to create and innovate,” per Gillibrand. The approach to technical education “will offer more opportunities to inspire the next generation” of manufacturing workers and entrepreneurs.

Indium implements leadership changes
CLINTON — The man who has served as president and COO of Indium Corporation since 1997 has been promoted to CEO. At the same time, Indium has elevated Ross Berntson to president and COO. As CEO, Greg Evans will focus, “primarily, on the company’s long-term mission and strategies,” the firm said in a news release
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CLINTON — The man who has served as president and COO of Indium Corporation since 1997 has been promoted to CEO.
At the same time, Indium has elevated Ross Berntson to president and COO.
As CEO, Greg Evans will focus, “primarily, on the company’s long-term mission and strategies,” the firm said in a news release issued Nov. 13.
Former CEO and company owner William Macartney, III will continue serving as the chairman of the board, Indium said.
Headquartered in Clinton, Indium is a materials manufacturer and supplier to the global electronics, semiconductor, thin-film, and thermal-management markets. Products include solders and fluxes; brazes; thermal interface materials; sputtering targets; indium, gallium, germanium, and tin metals and inorganic compounds; and NanoFoil.
About Evans
Evans has been with Indium for 36 years. He began as a technical-support engineer and “quickly rose” to product-line manager, helping expand the company’s product lines into the surface mount technology assembly field.
As division director for Indium’s electronics-assembly materials, Evans guided the “steady” growth of the solder paste product line and instituted a formal corporate [research and development] function. Evans eventually became VP of manufacturing and sales, overseeing the expansion of the company’s manufacturing footprint and sales structure in the United Kingdom, Singapore, China, South Korea, and Malaysia, and addressing the growing global demand for Indium products.
Indium named Evans president and COO in 1997. He led the company’s growth from dozens of people to more than 800 and from one factory in Utica to 12 facilities worldwide, the company said.
About Berntson

Berntson joined Indium in 1996 as a product specialist. He rose rapidly to the roles of product manager, marketing leader, sales leader, tech-support leader, and, most recently, executive VP.
“Over the past 20 years, Ross has been intelligent and strategic in his results-driven approach to leadership at Indium Corporation,” Evans said in the release. “I look forward to continuing to work alongside Ross as we further secure Indium Corporation’s position as the global leader in quality electronics assembly materials and technical support.”
Founded in 1934, Indium has global technical support and factories located in China, Malaysia, Singapore, South Korea, the United Kingdom, and the U.S. ν

New York manufacturing index declines 11 points in November
The Empire State Manufacturing Survey general business-conditions index fell 11 points to 19.4 points in November from the three-year high of 30.2 it hit in October. The still-positive reading indicates expansion or growth in manufacturing activity, while a negative number on the index would point to a sector decline. The results of the November survey
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The Empire State Manufacturing Survey general business-conditions index fell 11 points to 19.4 points in November from the three-year high of 30.2 it hit in October.
The still-positive reading indicates expansion or growth in manufacturing activity, while a negative number on the index would point to a sector decline.
The results of the November survey show that business activity “continued to grow strongly” for New York manufacturers, the Federal Reserve Bank of New York said in its report issued on Nov. 15.
The survey found 37 percent of New York manufacturing respondents reported that business conditions had improved over the month, while 17 percent said that conditions had worsened.
Survey details
The new-orders index rose 3 points to 20.7, indicating “solid growth” in orders, the New York Fed said.
After advancing to a multi-year high in October, the shipments index fell 9 points to 18.4. The unfilled-orders index moved down 7 points to -4.6, pointing to a “small decline” in unfilled orders.
The delivery-time index fell 5 points to -5.4, indicating shorter delivery times, and the inventories index rose 12 points to 4.6, a sign that inventory levels increased “modestly.”
The index for number of employees fell 4 points to 11.5, suggesting that employment “expanded, though at a somewhat slower pace” than in October.
The average-workweek index remained near zero, indicating that hours worked “held steady.”
Prices increased at about the same pace as the previous month: the prices-paid index edged down slightly to 24.6, and the prices-received index inched up to 9.2.
Looking ahead, firms were “very optimistic” about the six-month outlook, the New York Fed said.
The index for future business conditions climbed 5 points to 49.9, and the index for future new orders rose 9 points to 53.7, a multi-year high.
Employment and the average workweek were expected to increase in the months ahead. The capital-expenditures index gained 4 points to 25.4, and the technology spending index fell 6 points to 10.8.
The New York Fed distributes the Empire State Manufacturing Survey on the first day of each month to the same pool of about 200 manufacturing executives in New York. On average, about 100 executives return responses.
ConMed’s Q3 international sales rise 7 percent
CFO announces retirement UTICA — ConMed Corp. (NASDAQ: CNMD), a Utica–based surgical-device manufacturer, said its international sales increased 7.3 percent in the third quarter compared to the year-ago period. The firm’s international sales represent 48.3 percent of the company’s total revenue. “Foreign currency exchange rates … had a positive impact of [$900,000] on third-quarter
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CFO announces retirement
UTICA — ConMed Corp. (NASDAQ: CNMD), a Utica–based surgical-device manufacturer, said its international sales increased 7.3 percent in the third quarter compared to the year-ago period.
The firm’s international sales represent 48.3 percent of the company’s total revenue.
“Foreign currency exchange rates … had a positive impact of [$900,000] on third-quarter sales. In constant currency, international sales increased 6.2 percent versus the prior-year period,” Luke Pomilio, CFO of ConMed, said during the company’s earning conference call on Nov. 2
Pomilio also used the call to announce his retirement from the company, adding that he plans to stay with the firm until it finds his replacement.
Overall, ConMed generated total sales of $190.1 million in the third quarter, up 2.9 percent from the third quarter in 2016. The company’s top executive indicated that the increase could have been bigger if not for the effect of natural disasters.
“While it is impossible to fully determine the impact from Hurricanes Harvey and Irma on our top line, we estimate that our domestic results experienced an impact of approximately $2 million of either deferred or lost sales in the Texas, Florida, and South Carolina geographies. Approximately $800,000 of that was in domestic general surgery, while the remaining $1.2 million was in domestic orthopedics,” Curt Hartman, ConMed’s president and CEO, said during his remarks on the conference call.
ConMed reported net income of $7.2 million in this year’s third quarter, down slightly from $7.3 million a year prior. Reported net earnings per share totaled 26 cents in the quarter, unchanged from a year prior, ConMed said in its earnings report.
International results
Overall, ConMed’s international business is delivering “strong results,” Hartman said on the conference call.
He noted that the international-sales rise in the third quarter included “gains in both general surgery and orthopedics for the sixth consecutive quarter.”
“International general surgery remains strong, having now recorded its seventh consecutive quarter of growth at 11.9 percent as reported and 11.6 percent on a constant-currency basis,” said Hartman.
He also noted that ConMed generated gains in international orthopedics with increases recorded “across nearly every product category during the quarter,” which resulted in 5 percent reported growth and 3.6 percent constant-currency growth.
Domestic business/sales guidance
ConMed’s U.S. sales, which represented 51.7 percent of total revenue, decreased 0.9 percent in the third quarter compared to a year earlier. The growth in general surgery of 4.8 percent was offset by a decline of 8.8 percent in orthopedics.
After improved trends in the first two quarters of the fiscal year, domestic orthopedics reversed in the third quarter, Hartman said.
“Our focus in 2017 has been on new products, purchasing contracts, and sales-force development and we expect these efforts to deliver an improvement in domestic orthopedics as we exit 2017,” he added.
ConMed’s focus on innovation remains a “key priority” and the firm has introduced 17 new products through the first three quarters of 2017. The company is “on track” to launch no fewer than 20 new products by the end of the year, which is “In keeping with our prior commitment.”
Overall, Hartman said, ConMed’s results keep it “on track” to reach its financial and operating goals for 2017, noting that the firm will continue to focus on new product introductions, while leveraging investments “across the income statement to enhance profitability.”
“We believe we are set up for a strong finish to 2017 and expect to carry momentum into the New Year,” said Hartman.
The company now expects to produce 2017 constant-currency sales growth of 2.5 percent to 3.25 percent, an increase from its prior guidance of 2 percent to 3 percent.
The Importance of Making Your Website Compliant with the ADA
A website is a critical tool for nearly every business. It’s a powerful way to attract new customers and sell products or services. That is why many businesses devote substantial resources to ensuring their websites are current, user friendly, and secure. Many companies, however, fail to make their website accessible to those with disabilities, such
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A website is a critical tool for nearly every business. It’s a powerful way to attract new customers and sell products or services. That is why many businesses devote substantial resources to ensuring their websites are current, user friendly, and secure. Many companies, however, fail to make their website accessible to those with disabilities, such as the blind or deaf. This common mistake has resulted in a drastic spike in lawsuits in what is arguably the fastest growing type of litigation in New York state.
The Americans with Disabilities Act (ADA) prohibits discrimination against persons with disabilities in various aspects of public life, including employment and access to public facilities. Most businesses ensure that their brick-and-mortar stores and corporate offices are ADA-accessible by providing familiar accommodations such as handicapped parking spots, ramps or elevators at entrances and exits, and by making restrooms wheelchair accessible. However, many organizations overlook their website and do not give any consideration to whether it is ADA compliant.
Title III of the ADA applies to private entities that own, lease, lease to, or operate a place of public accommodation. A place of public accommodation is a facility whose operations affect commerce and that fits within one of a dozen categories, including places of lodging, establishments serving food and drinks, places of entertainment and public gathering, service establishments such as medical and dental offices, sales or rental establishments, and many others. Because the ADA was first enacted in 1990, just after the World Wide Web was first invented and well before e-commerce, it does not address whether a website is a place of public accommodation and, therefore, subject to the ADA.
While the ADA does not specifically address websites, the U.S. Department of Justice (DOJ) has taken the position that websites are a place of public accommodation subject to Title III of the ADA. Recognizing the rapid growth of e-commerce and the inaccessibility of most websites, the DOJ began the process of developing rules for website accessibility in 2010. Many businesses wanted rules published, if for no other reason than to provide clear guidance regarding their responsibilities in this developing area. For the past seven years, the DOJ repeatedly delayed the process and never issued any rules. On July 20, 2017, the DOJ officially placed its rulemaking for ADA website accessibility on its inactive list.
Even though no formal rules have been issued, the DOJ has opined that a website is accessible under the ADA if it complies with the Level AA standards of the Web Content Accessibility Guidelines (WCAG) 2.0. In fact, the DOJ has entered into numerous settlements and consent decrees with both private companies and local governments requiring that their websites comply with WCAG 2.0. Thus, a company whose website complies with WCAG 2.0 faces a substantially reduced risk of litigation based on website accessibility.
The requirements of WCAG 2.0 are too exhaustive and technical for this article. However, an example of a common issue that renders many websites inaccessible is helpful to an understanding of what is at issue. For instance, many websites require the use of a mouse to complete a transaction, or to access or submit certain information. This may preclude a blind person from being able to fully use the website in the same manner as other consumers. If WCAG 2.0 standards are implemented, this barrier will have to be removed, giving a blind person full access to all website functions using just the keyboard.
A challenge for many companies is that their internal IT staff is not trained in website accessibility and may lack the skills to implement WCAG 2.0 changes. Others do not own or operate their websites, but rely on third-party website developers. Unfortunately, many website developers are also not trained in ADA-accessibility issues, or familiar with WCAG 2.0, and their contracts limit their liability. Ultimately, companies may have to contract with specialized vendors to make their websites WCAG 2.0 compliant.
Businesses must take this issue seriously. The number of lawsuits being filed for website inaccessibility is rapidly growing, particularly in New York. Law firms often rely on a single plaintiff, who is typically blind, to sue numerous entities under the ADA and related state and city laws. In some cases, these law firms rely on the same plaintiff to file multiple lawsuits against various entities in a short period of time. These lawsuits are often essentially “cut and paste” actions, containing almost identical allegations.
Business owners are understandably frustrated, and question whether some of these lawsuits are filed for the honorable purpose of ensuring ADA compliance, or just an attempted money grab. Thus, many companies have vigorously challenged these lawsuits and attempted to have them dismissed at the outset. But those efforts have largely failed, particularly in New York state.
In July of this year, a federal judge in the Southern District of New York (located in Manhattan) denied a motion by the popular hamburger chain Five Guys to dismiss a lawsuit alleging that its website was inaccessible to the disabled. The plaintiff in that case alleged that she attempted to buy a cheeseburger on Five Guys’ website using a screen reader, but was prevented from adding the toppings of her choice to the burger because the website lacked the necessary software requirements. The plaintiff alleged that because she could not place a proper order due to the website’s limitations, the company violated Title III of the ADA as well as New York State and New York City law. The court determined that Five Guys’ website is subject to the ADA and related state and city laws, all of which require accessibility for the disabled. The case is ongoing and a final determination on liability has not been reached.
The Five Guys case is not unique. A similar decision was issued on Aug. 1, 2017, by a federal judge in the Eastern District of New York, which is based in Brooklyn. In that case, the plaintiff alleged that he was unable to use a website owned by Blick Art Materials, LLC to purchase art materials. The court determined that the plaintiff has a right to effective access to the company’s website to make purchases, learn about products and enjoy other goods and services provided to the general public on the website. This case is also still in active litigation.
These court decisions are not dispositive, and those companies may ultimately succeed in defending the actions brought against them. This is a developing area of the law, and there is no statute or regulation that explicitly requires companies to make their websites WCAG 2.0 compliant. However, compliance with this standard is the best way to insulate a business against an ADA-accessibility lawsuit and, more importantly, will ensure that disabled members of our community have equal access to websites.
Businesses with public websites should take action now, not wait for a demand letter or lawsuit. It is much more cost effective to make ADA accessibility part of your website-development process, and to establish a plan to make your current website WCAG 2.0 compliant. Website accessibility planning should also include a review of contracts with website developers, and a review of insurance policies with experienced legal counsel, to ensure that responsibility for ADA compliance is adequately addressed.
Robert C. Whitaker, Jr. is a partner in the Labor & Employment practice group at Hancock Estabrook, LLP in Syracuse. Contact him at (315) 565-4500, or email: rwhitaker@hancocklaw.com.
Low-Volume Road Designations Would Save Taxpayer Dollars
A number of roads in rural areas in our state do not see much traffic. Despite the low volume of use, towns are required to maintain roads to state specifications even if the road does not lead to a house, camp, or business. This translates into large and often unnecessary expenses for taxpayers. In an effort
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A number of roads in rural areas in our state do not see much traffic. Despite the low volume of use, towns are required to maintain roads to state specifications even if the road does not lead to a house, camp, or business. This translates into large and often unnecessary expenses for taxpayers. In an effort to save money, many towns have elected to limit their responsibilities for certain roads by passing what is known as a local minimum-maintenance road law. While this option has worked well for many rural areas, recent court challenges indicate that without a statewide “minimum-maintenance” designation codified in law, towns may not have the authority to create minimum-maintenance roads.
Towns that have minimum-maintenance roads in local law specify, for example, that surfaces will be re-graveled “as needed” and mowing will take place once a year. In many cases, towns specify there will be no snow removal on these roads. According to a recent report published by the Tug Hill Commission, the majority of a town’s budget in these rural areas is spent on road maintenance and repairs. Snow removal, for example, is estimated to cost towns about $8,000 per mile. A statewide law would affirm a town’s right to designate a road a minimum-maintenance road, which would ultimately save taxpayers’ money.
Legislation that I co-sponsor would amend the state’s highway law to create new categories of low-volume roads that would allow for minimum-maintenance roads across the state. It defines a minimum-maintenance road as one that has less than 50 vehicles traveling on it per day. Again, many of these roads do not lead to a camp, home, or farm. State law already enables towns to designate residential and seasonal roads, for example, and these come with their own set of requirements including road width and surface material specifications. By defining low-volume roads and creating a minimum-maintenance road designation, there would be fewer regulations with which to comply and less maintenance all around for towns. The designations would also help reduce the town’s liability by making it clear in state law the town’s obligations for that road.
Under the legislation, there would be procedures that towns would have to comply with in order to create a minimum-maintenance road. For example, towns would have to hold a public hearing on the road, or roads, being considered. The school district must also be notified and provided 45 days to respond to the town’s proposal. The designation would also need to be approved by the town’s planning board. All property owners on the road would be notified by certified mail of this consideration prior to the town’s decision. The legislation specifies that minimum-maintenance roads should not be construed as “no maintenance” or “abandonment,” but does enable towns to close roads during certain times of the year if it is determined this is best by the locality.
Having these low-volume road classifications and minimum-maintenance standards as an option in state law for towns would clearly deliver recurring cost savings for property taxpayers. Snow removal is a huge cost for towns, especially in the Tug Hill region where snowfall totals can exceed 20 feet during an average winter. Often, these rarely used roads provide access only to vacant lots, snowmobile trails, or recreational land. Rather than abandoning the road or impeding access, towns should have the option to determine which roads make sense to be designated as low-volume and therefore, provide minimum maintenance. I look forward to working with other state representatives during this upcoming legislative session to strengthen the highway laws on the books and give more towns the option to reduce property taxes.
William (Will) A. Barclay is the Republican representative of the 120th New York Assembly District, which encompasses most of Oswego County, including the cities of Oswego and Fulton, as well as the town of Lysander in Onondaga County and town of Ellisburg in Jefferson County. Contact him at barclaw@assembly.state.ny.us, or (315) 598-5185.
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