Minutes of February 8, 2007

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TOWN OF DRYDEN
TOWN BOARD MEETING
February 8, 2007

Present: Supv Steven Trumbull, Cl David Makar, Cl Martin Christofferson, Cl Stephen Stelick, Jr., Cl Mary Ann Sumner

Elected Officials: Bambi L. Hollenbeck, Town Clerk

Jack Bush, Highway Superintendent

Other Town Staff: Mahlon R. Perkins, Town Attorney

Daniel Kwasnowski, Environmental Planner

Henry Slater, Zoning Officer

Andy Sciarabba, TG Miller Engineers

Supv Trumbull opened the meeting at 7:00 p.m. and led board members and guests in the pledge of allegiance.

Broome Developmental Disabilities Services Office (BDDSO) Monica Ruszika of BDDSO introduced her colleagues Rich Anderson, Sandy Beach, Lori Tinkham and Nancy Crom, and family members Shirley Gray and Chris Sanspirito. BDDSO is interested in developing a property at 242 Pinckney Road as a group home for three gentlemen in need of residential placement in Tompkins County. It is a three bedroom ranch style home and they feel the location is perfect because of its close proximity to family members, work options, day programming and is close enough to Ithaca and Cortland for its residents to participate in shopping and recreational activities in those cities. The gentlemen projected for this home all have been classified as developmentally disabled and are eligible for services through the Office of Mental Retardation and Developmental Disabilities, and they feel they would do best in a rural setting. There is bus service available at that location.

The home was designed for an individual who was handicapped. It has a wheel chair ramp and doorways are wide enough to accommodate a wheel chair. They met with a lot of the immediate neighbors and received support from them. ZO Slater said the use is consistent with local zoning regulations and he doesn’t see any issues. They are renting the property so it will not come off the tax rolls, but if they do purchase the property it will come off the tax roll.

Atty Perkins said there are special rules about denying this request and certain grounds. In the past the board has had a public information meeting where they have notified the neighbors so they can be informed and there is more public input. The wait list for individuals in Tompkins County requiring residential placement is quite lengthy and the home would be used for Tompkins County individuals.

RESOLUTION #46 – SUPPORT BDDSO GROUP HOME

Cl Sumner offered the following resolution and asked for its adoption:

WHEREAS, Broome Developmental Disabilities Services Offices has informed this board of its desire to acquire by lease or purchase a residential home at 242 Pinckney Road in the Town of Dryden for use as a group home for individuals who are developmentally disabled and appeared before the board and explained its use of the residence, now, therefore be it

RESOLVED, that this Town Board hereby expresses its support for a residential group home for developmentally disabled adults at 242 Pinckney to be operated by Broome Developmental Disabilities Services Offices.

2nd Cl Makar

Roll Call Vote Cl Makar Yes

Cl Christofferson Yes

Supv Trumbull Yes

Cl Stelick Yes

Cl Sumner Yes

Fire Departments

Ron Flynn of Neptune Hose presented the department’s Annual Report for 2006 and reviewed it with the board. They had a total of 250 calls for assistance in 2006 with an average response time of 3.85 minutes. A total of 3,457 hours were spent in responding to those calls. 5,813 hours were dedicated to training in 2006 and they responded to 51 mutual aid calls.

Ron Flynn said on behalf of Bill Ackroyd, President of Neptune, and the members, he wanted to recognize and appreciate the cooperation and assistance of the Town’s Public Safety Committee and the board in 2006. They look forward to increased cooperation and collaboration between the Department and the Town Board in 2007.

Advanced Design Consulting USA, Inc.

Alex Deyhim of Advanced Design Consulting (ADC) gave a brief presentation of his company, what they do and how they have grown since 1995. They have purchased property north of the Village of Dryden on Route 13 and would like to move the business there in order to expand. They had considered moving to Tennessee because of tax incentives, etc., but decided they preferred the quality of life in this area. They anticipate bringing 30 new jobs to the area initially, and expanding to 80 jobs. They recently passed a resolution to allocate 5% of their annual net profit as an “earth tax” to be used for helping the environment. They have talked with Tompkins County Area Development and are seeking grants to help with the cost of expansion. A Deyhim talked about some of the products they manufacture and contracts they have secured and invited the board to visit their current facility.

They are currently planning two buildings on the property they purchased in the Town and provided a drawing of the property and location of the buildings. They are working at getting the financing in line, while continuing to do business and secure contracts. They expect to be able to break ground in the summer of 2007.

ZO Slater said he met with A Deyhim and Gary Wood about the SEQR process and segmentation and they have withdrawn their previous application and are preparing a new application. All other involved agencies were concerned with segmentation and ZO Slater has spoken with them about a revised plan. They agree the applicant should submit an application that is doable and they will do that. He explained the purpose of ADC being here tonight was to let the board know what they were doing. The application should be ready to go in March or April and this project can be accomplished with on-site water and sewer service.

Mike Hattery asked why they didn’t move their development down toward North Road and was told that they chose this location because of the visibility aspects. Cl Christofferson suggested they consider an additional driveway on North Road.

COUNTY BRIEFING

Mike Hattery asked whether the Board had comments on the County’s proposed local law for emergency radio communications protection. Cl Stelick said the Town’s consultant had provided an opinion that the Town of Dryden already provided adequate protective measures under its Local Law #2 of 2006, and further had commented that it appeared potentially burdensome to building permit applicants and Town staff. M Hattery asked that a copy of the letter be forwarded to the County Attorney.

Tompkins County will be holding three pre-budget forums. One will be in Dryden and is tentatively scheduled for March 3 at 9:30 a.m. at Neptune Hose.

M Hattery said he has some concerns about budgeting for provider equipment for the new communication system.

Martha Robertson said there is a meeting on March 1 at 7:00 p.m. at the Ellis Hollow Community Center about the gas pipeline from Cornell to Dominion Gas.

Etna Community Association is holding their Chocolate Fest on Saturday from 10 to noon and benefits the Association. Cl Sumner noted that the Association thanks the Town of Dryden for their work on the playground, etc.

A preview of the governor’s budget indicates they are proposing a lot of changes. The County doesn’t see any new big mandates or any great relief as far as the programs the County provides.

With respect to the Help America Vote Act, M Robertson reported the company that has been testing machines for New York State (and has done so in other parts of the country) has failed a testing audit. New York State has stopped the process until that is sorted out and is encouraging the Federal Government to extend the deadline to comply until after the presidential election.

Mike Lane said that Suffolk County has a lawsuit to have it declared that the lever machines comply with HAVA assuming they add ballot marking devices at the polls. He asked whether Tompkins County had discussed joining in that lawsuit. M Robertson said she hadn’t heard anything about it.

ENGINEERING

Andy Sciarabba reported they had been working with the Highway Superintendent on the access road for the new town hall building and will be reviewing the profile and cross-sections with him tomorrow. It will be a 15′ gravel road with a swale on one side. He reviewed a drawing with the board. He has also been working J Bush on the highway specifications.

ATTORNEY

Atty Perkins has previously provided the board with a memo and proposed local law regarding enforcement of the Uniform Fire and Building Code. ZO Slater and his department have reviewed it and Atty Perkins said it conforms with the new regulations which went into effect on January 1, 2007. There is also an associated fee schedule. The local law allows the Town to adopt fees and a fee schedule by resolution after a public hearing. He said the public hearing requirement is important because it gives the public an opportunity to comment on what they are going to have to pay.

RESOLUTION #47 – INTRODUCE LOCAL LAW – PROVIDING FOR THE

ADMINISTRATION AND ENFORCEMENT OF THE

NEW YORK STATE UNIFORM FIRE PREVENTION AND BUILDING CODE AND

OTHER TOWN OF DRYDEN LOCAL LAWS AND ORDINANCES

Cl Christofferson offered the following resolution and asked for its adoption:

RESOLVED, that this Town Board hereby introduces the following local law and sets the public hearing on the same for March 8, 2007, at 7:00 p.m., at the Dryden Town Hall, 65 East Main Street, Dryden, New York:

Local Law No. _______ of 2007

A LOCAL LAW PROVIDING FOR THE

ADMINISTRATION AND ENFORCEMENT OF THE

NEW YORK STATE UNIFORM FIRE PREVENTION AND BUILDING CODE AND

OTHER TOWN OF DRYDEN LOCAL LAWS AND ORDINANCES

Be it enacted by the Town Board of the Town of Dryden, as follows:

SECTION 1. PURPOSE AND INTENT

This local law provides for the administration and enforcement of the New York State Uniform Fire Prevention and Building Code (the Uniform Code) and the State Energy Conservation Construction Code (the Energy Code) in the Town of Dryden exclusive of the Villages of Dryden and Freeville. This local law is adopted pursuant to section 10 of the Municipal Home Rule Law. Except as otherwise provided in the Uniform Code, other state law, or other section of this local law, all buildings, structures, and premises, regardless of use or occupancy, are subject to the provisions this local law.

SECTION 2. DEFINITIONS

In this local law:

“Building Permit” shall mean a permit issued pursuant to section 4 of this local law. The term “Building Permit” shall also include a Building Permit which is renewed, amended or extended pursuant to any provision of this local law.

“Certificate of Compliance” shall mean a certificate issued pursuant to section 7(b) of this local law stating that materials and products meet specified standards or that work was done in compliance with approved construction documents.

“Certificate of Occupancy” shall mean a certificate issued pursuant to section 7(b) of this local law stating that a structure meets specified standards, the construction was done in compliance with approved construction documents, meets all applicable codes, and is habitable.

“Code Enforcement Officer” shall mean the Code Enforcement Officer appointed pursuant to subdivision (b) of section 3 of this local law.

“Code Enforcement Personnel” shall include the Code Enforcement Officer and all Inspectors.

“Compliance Order” shall mean an order issued by the Code Enforcement Officer pursuant to subdivision (a) of section 15 of this local law.

“Energy Code” shall mean the State Energy Conservation Construction Code, as currently in effect and as hereafter amended from time to time. The Energy Code includes 19 NYCRR Part 1240.

“Inspector” shall mean an inspector appointed pursuant to subdivision (d) of section 4 of this local law.

“Operating Permit” shall mean a permit issued pursuant to section 10 of this local law. The term “Operating Permit” shall also include an Operating Permit which is renewed, amended or extended pursuant to any provision of this local law.

“Permit Holder” shall mean the Person to whom a Building Permit has been issued.

“Person” shall include an individual, corporation, limited liability company, partnership, limited partnership, business trust, estate, trust, association, or any other legal or commercial entity of any kind or description.

“Stop Work Order” shall mean an order issued pursuant to section 6 of this local law.

“Temporary Certificate” shall mean a certificate issued pursuant to subdivision (d) of section 7 of this local law.

“Town” shall mean the Town of Dryden, exclusive of the Villages of Dryden and Freeville.

“Uniform Code” shall mean the New York State Uniform Fire Prevention and Building Code, as currently in effect and as hereafter amended from time to time. The Uniform Code includes 19 NYCRR Part 1220 (Residential Code), Part 1221 (Building Code), Part 1222 (Plumbing Code), Part 1223 (Mechanical Code), Part 1224 (Fuel Gas Code), Part 1225 (Fire Code), and Part 1226 (Property Maintenance Code).

SECTION 3. CODE ENFORCEMENT OFFICER AND INSPECTORS

(a) The office of Code Enforcement Officer is hereby created. The Code Enforcement Officer shall administer and enforce all the provisions of the Uniform Code, the Energy Code and this local law. The Code Enforcement Officer shall have the following powers and duties:

(1) to receive, review, and approve or disapprove applications for Building Permits, Certificates of Occupancy, Certificates of Compliance, Temporary Certificates and Operating Permits, and the plans, specifications and construction documents submitted with such applications;

(2) upon approval of such applications, to issue Building Permits, Certificates of Occupancy, Certificates of Compliance, Temporary Certificates and Operating Permits, and to include in Building Permits, Certificates of Occupancy, Certificates of Compliance, Temporary Certificates and Operating Permits such terms and conditions as the Code Enforcement Officer may determine to be appropriate;

(3) to conduct construction inspections, inspections to be made prior to the issuance of Certificates of Occupancy, Certificates of Compliance, Temporary Certificates and Operating Permits, fire safety and property maintenance inspections, inspections incidental to the investigation of complaints, and all other inspections required or permitted under any provision of this local law;

(4) to issue Stop Work Orders;

(5) to review and investigate complaints;

(6) to issue orders pursuant to subdivision (a) of section 15 (Violations) of this local law;

(7) to maintain records;

(8) to collect fees as set by the Town Board of the Town;

(9) to pursue administrative enforcement actions and proceedings;

(10) in consultation with this Town’s attorney, to pursue such legal actions and proceedings as may be necessary to enforce the Uniform Code, the Energy Code and this local law, or to abate or correct conditions not in compliance with the Uniform Code, the Energy Code or this local law; and

(11) to exercise all other powers and fulfill all other duties conferred upon the Code Enforcement Officer by this local law.

(b) The Code Enforcement Officer shall be appointed by the Town Board. The Code Enforcement Officer shall possess background experience related to building construction or fire prevention and shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service training and other training as the State of New York shall require for code enforcement personnel, and the Code Enforcement Officer shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder.

(c) In the event that the Code Enforcement Officer is unable to serve as such for any reason, an individual shall be appointed by the Town Board to serve as Acting Code Enforcement Officer. The Acting Code Enforcement Officer shall, during the term of his or her appointment, exercise all powers and fulfill all duties conferred upon the Code Enforcement Officer by this local law.

(d) One or more Inspectors may be appointed by the Town Board to act under the supervision and direction of the Code Enforcement Officer and to assist the Code Enforcement Officer in the exercise of the powers and fulfillment of the duties conferred upon the Code Enforcement Officer by this local law. Each Inspector shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service training and other training as the State of New York shall require for code enforcement personnel, and each Inspector shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder.

(e) In addition to administering and enforcing the provisions of this local law, the Uniform Code, and the Energy Code, the Code Enforcement Officer shall administer and enforce the Town of Dryden Zoning Ordinance, Land Subdivision Rules and Regulations, Mobile Home Ordinance, Mobile Home Park Ordinance, Electrical Code, Unsafe Buildings Law and Local Law No. 1 of the year 1987 (a Local law for Flood Damage Prevention).

(f) The compensation for the Code Enforcement Officer and Inspectors shall be fixed from time to time by the Town Board of the Town.

(g) The Code Enforcement Officer, Acting Code Enforcement Officer and Inspector(s) shall not engage in any activity inconsistent with their duties, or with the interests of the Town; nor shall they, during the term of their employment, be engaged directly or indirectly in any building business, in the furnishing of labor, materials, supplies, or appliances for, or the supervision of, the construction, alteration, demolition, or maintenance of a building or the preparation of plans or specifications thereof within the Town of Dryden. This provision shall not prohibit any employee from engaging in any such activities in connection with the construction of a building or structure owned by them for their own personal use and occupancy, or for the use and occupancy of members of their immediate families, and not constructed for re-sale.

SECTION 4. BUILDING PERMITS

(a) Building Permits Required. Except as otherwise provided in subdivision (b) of this section, a Building Permit shall be required for any work which must conform to the Uniform Code and/or the Energy Code, including, but not limited to, the construction, enlargement, alteration, improvement, removal, relocation or demolition of any building or structure or any portion thereof, and the installation of a solid fuel burning heating appliance, chimney or flue in any dwelling unit. No Person shall commence any work for which a Building Permit is required without first having obtained a Building Permit from the Code Enforcement Officer.

(b) Exemptions. No Building Permit shall be required for work in any of the following categories:

(1) construction or installation of one story detached structures associated with one- or two-family dwellings or multiple single-family dwellings (townhouses) which are used for tool and storage sheds, playhouses or similar uses, provided the gross floor area does not exceed 144 square feet (13.88 square meters);

(2) installation of swings and other playground equipment associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses);

(3) installation of swimming pools associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses) where such pools are designed for a water depth of less than 24 inches and are installed entirely above ground;

(4) installation of fences which are not part of an enclosure surrounding a swimming pool;

(5) construction of retaining walls unless such walls support a surcharge or impound Class I, II or IIIA liquids;

(6) construction of temporary motion picture, television and theater stage sets and scenery;

(7) installation of window awnings supported by an exterior wall of a one- or two-family dwelling or multiple single-family dwellings (townhouses);

(8) installation of partitions or movable cases less than 5′-9″ in height;

(9) painting, wallpapering, tiling, carpeting, or other similar finish work;

(10) installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances;

(11) replacement of any equipment provided the replacement does not alter the equipment’s listing or render it inconsistent with the equipment’s original specifications; or

(12) repairs, provided that such repairs do not involve (i) the removal or cutting away of a loadbearing wall, partition, or portion thereof, or of any structural beam or load bearing component; (ii) the removal or change of any required means of egress, or the rearrangement of parts of a structure in a manner which affects egress; (iii) the enlargement, alteration, replacement or relocation of any building system; or (iv) the removal from service of all or part of a fire protection system for any period of time.

(c) Exemption not deemed authorization to perform non-compliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in subdivision (b) of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code.

(d) Applications for Building Permits. Applications for a Building Permit shall be made in writing on a form provided by or otherwise acceptable to the Code Enforcement Officer. The application shall be signed by the owner of the property where the work is to be performed or an authorized agent of the owner. The application shall include such information as the Code Enforcement Officer deems sufficient to permit a determination by the Code Enforcement Officer that the intended work complies with all applicable requirements of the Uniform Code and the Energy Code. The application shall include or be accompanied by the following information and documentation:

(1) a description of the proposed work;

(2) the tax map number and the street address of the premises where the work is to be performed;

(3) the occupancy classification of any affected building or structure;

(4) where applicable, a statement of special inspections prepared in accordance with the provisions of the Uniform Code; and

(5) at least 2 sets of construction documents (drawings and/or specifications) which (i) define the scope of the proposed work; (ii) are prepared by a New York State registered architect or licensed professional engineer where so required by the Education Law; (iii) indicate with sufficient clarity and detail the nature and extent of the work proposed; (iv) substantiate that the proposed work will comply with the Uniform Code and the Energy Code; and (v) where applicable, include a site plan that shows any existing and proposed buildings and structures on the site, the location of any existing or proposed well or septic system, the location of the intended work, and the distances between the buildings and structures and the lot lines.

(e) Construction documents. Construction documents will not be accepted as part of an application for a Building Permit unless they satisfy the requirements set forth in paragraph (5) of subdivision (d) of this section. Construction documents which are accepted as part of the application for a Building Permit shall be marked as accepted by the Code Enforcement Officer in writing or by stamp. One set of the accepted construction documents shall be retained by the Code Enforcement Officer, and one set of the accepted construction documents shall be returned to the applicant to be kept at the work site so as to be available for use by the Code Enforcement Personnel. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, nor as an indication that a Building Permit will be issued. Work shall not be commenced until and unless a Building Permit is issued.

(f) Issuance of Building Permits. An application for a Building Permit shall be examined to ascertain whether the proposed work is in compliance with the applicable requirements of the Uniform Code and Energy Code. The Code Enforcement Officer shall issue a Building Permit if the proposed work is in compliance with the applicable requirements of the Uniform Code and Energy Code.

(g) Building Permits to be displayed. Building permits shall be visibly displayed at the work site and shall remain visible until the authorized work has been completed.

(h) Work to be in accordance with construction documents. All work shall be performed in accordance with the construction documents which were submitted with and accepted as part of the application for the Building Permit. The Building Permit shall contain such a directive. The Permit Holder shall immediately notify the Code Enforcement Officer of any change occurring during the course of the work. The Building Permit shall contain such a directive. If the Code Enforcement Officer determines that such change warrants a new or amended Building Permit, such change shall not be made until and unless a new or amended Building Permit reflecting such change is issued.

(i) Time limits. Building Permits shall become invalid unless the authorized work is commenced within 6 months following the date of issuance. Building Permits shall expire 12 months after the date of issuance. A Building Permit which has become invalid or which has expired pursuant to this subdivision may be renewed upon application by the Permit Holder, payment of the applicable fee, and approval of the application by the Code Enforcement Officer.

(j) Revocation or suspension of Building Permits. If the Code Enforcement Officer determines that a Building Permit was issued in error because of incorrect, inaccurate or incomplete information, or that the work for which a Building Permit was issued violates the Uniform Code or the Energy Code, the Code Enforcement Officer shall revoke the Building Permit or suspend the Building Permit until such time as the Permit Holder demonstrates that (1) all work then completed is in compliance with all applicable provisions of the Uniform Code and the Energy Code and (2) all work then proposed to be performed shall be in compliance with all applicable provisions of the Uniform Code and the Energy Code.

(k) Fee. The fee specified in or determined in accordance with the provisions set forth in section 16 (Fees) of this local law must be paid at the time of submission of an application for a Building Permit, for an amended Building Permit, or for renewal of a Building Permit.

SECTION 5. CONSTRUCTION INSPECTIONS

(a) Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Code Enforcement Officer or by an Inspector authorized by the Code Enforcement Officer. The Permit Holder shall notify the Code Enforcement Officer when any element of work described in subdivision (b) of this section is ready for inspection.

(b) Elements of work to be inspected. The following elements of the construction process shall be inspected, where applicable:

(1) work site prior to the issuance of a Building Permit;

(2) footing and foundation;

(3) preparation for concrete slab;

(4) framing;

(5) building systems, including underground and rough-in;

(6) fire resistant construction;

(7) fire resistant penetrations;

(8) solid fuel burning heating appliances, chimneys, flues or gas vents;

(9) Energy Code compliance; and

(10) a final inspection after all work authorized by the Building Permit has been completed.

(c) Inspection results. After inspection, the work or a portion thereof shall be noted as satisfactory as completed, or the Permit Holder shall be notified as to where the work fails to comply with the Uniform Code or Energy Code. Work not in compliance with any applicable provision of the Uniform Code or Energy Code shall remain exposed until such work shall have been brought into compliance with all applicable provisions of the Uniform Code and the Energy Code, reinspected, and found satisfactory as completed.

(d) Fee. The fee specified in or determined in accordance with the provisions set forth in section 16 (Fees) of this local law must be paid prior to or at the time of each inspection performed pursuant to this section.

SECTION 6. STOP WORK ORDERS

(a) Authority to issue. The Code Enforcement Officer is authorized to issue Stop Work Orders pursuant to this section. The Code Enforcement Officer shall issue a Stop Work Order to halt:

(1) any work that is determined by the Code Enforcement Officer to be contrary to any applicable provision of the Uniform Code or Energy Code, without regard to whether such work is or is not work for which a Building Permit is required, and without regard to whether a Building Permit has or has not been issued for such work, or

(2) any work that is being conducted in a dangerous or unsafe manner in the opinion of the Code Enforcement Officer, without regard to whether such work is or is not work for which a Building Permit is required, and without regard to whether a Building Permit has or has not been issued for such work, or

(3) any work for which a Building Permit is required which is being performed without the required Building Permit, or under a Building Permit that has become invalid, has expired, or has been suspended or revoked.

(b) Content of Stop Work Orders. Stop Work Orders shall (1) be in writing, (2) be dated and signed by the Code Enforcement Officer, (3) state the reason or reasons for issuance, and (4) if applicable, state the conditions which must be satisfied before work will be permitted to resume.

(c) Service of Stop Work Orders. The Code Enforcement Officer shall cause the Stop Work Order, or a copy thereof, to be served on the owner of the affected property (and, if the owner is not the Permit Holder, on the Permit Holder) personally or by certified mail. The Code Enforcement Officer shall be permitted, but not required, to cause the Stop Work Order, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other Person taking part or assisting in work affected by the Stop Work Order, personally or by certified mail; provided, however, that failure to serve any Person mentioned in this sentence shall not affect the efficacy of the Stop Work Order.

(d) Effect of Stop Work Order. Upon the issuance of a Stop Work Order, the owner of the affected property, the Permit Holder and any other Person performing, taking part in or assisting in the work shall immediately cease all work which is the subject of the Stop Work Order.

(e) Remedy not exclusive. The issuance of a Stop Work Order shall not be the exclusive remedy available to address any event described in subdivision (a) of this section, and the authority to issue a Stop Work Order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under section 15 (Violations) of this local law or under any other applicable local law or State law. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a Stop Work Order.

SECTION 7. CERTIFICATES OF OCCUPANCY, CERTIFICATES OF COMPLIANCE

(a) Certificates of Occupancy or Certificates of Compliance required. A Certificate of Occupancy or Certificate of Compliance shall be required for any work which is the subject of a Building Permit and for all structures, buildings, or portions thereof, which are converted from one use or occupancy classification or subclassification to another. Permission to use or occupy a building or structure, or portion thereof, for which a Building Permit was previously issued shall be granted only by issuance of Certificate of Occupancy or Certificate of Compliance.

(b) Issuance of Certificates of Occupancy or Certificates of Compliance. The Code Enforcement Officer shall issue a Certificate of Occupancy or Certificate of Compliance if the work which was the subject of the Building Permit was completed in accordance with all applicable provisions of the Uniform Code and Energy Code and, if applicable, that the structure, building or portion thereof that was converted from one use or occupancy classification or subclassification to another complies with all applicable provisions of the Uniform Code and Energy Code. The Code Enforcement Officer or an Inspector authorized by the Code Enforcement Officer shall inspect the building, structure or work prior to the issuance of a Certificate of Occupancy or Certificate of Compliance. In addition, where applicable, the following documents, prepared in accordance with the provisions of the Uniform Code by such person or persons as may be designated by or otherwise acceptable to the Code Enforcement Officer, at the expense of the applicant for the Certificate of Occupancy or Certificate of Compliance, shall be provided to the Code Enforcement Officer prior to the issuance of the Certificate of Occupancy or Certificate of Compliance:

(1) a written statement of structural observations and/or a final report of special inspections, and

(2) flood hazard certifications.

(c) Contents of Certificates of Occupancy or Certificates of Compliance. A Certificate of Occupancy or Certificate of Compliance shall contain the following information:

(1) the Building Permit number, if any;

(2) the date of issuance of the Building Permit, if any;

(3) the name, address and tax map number of the property;

(4) if the Certificate of Occupancy or Certificate of Compliance is not applicable to an entire structure, a description of that portion of the structure for which the Certificate of Occupancy or Certificate of Compliance is issued;

(5) the use and occupancy classification of the structure;

(6) the type of construction of the structure;

(7) the assembly occupant load of the structure, if any;

(8) if an automatic sprinkler system is provided, a notation as to whether the sprinkler system is required;

(9) any special conditions imposed in connection with the issuance of the Building Permit; and

(10) the signature of the Code Enforcement Officer issuing the Certificate of Occupancy or Certificate of Compliance and the date of issuance.

(d) Temporary Certificate. The Code Enforcement Officer shall be permitted to issue a Temporary Certificate allowing the temporary occupancy of a building or structure, or a portion thereof, prior to completion of the work which is the subject of a Building Permit. However, in no event shall the Code Enforcement Officer issue a Temporary Certificate unless the Code Enforcement Officer determines (1) that the building or structure, or the portion thereof covered by the Temporary Certificate, may be occupied safely, (2) that any fire- and smoke-detecting or fire protection equipment which has been installed is operational, and (3) that all required means of egress from the building or structure have been provided. The Code Enforcement Officer may include in a Temporary Certificate such terms and conditions as he or she deems necessary or appropriate to ensure safety or to further the purposes and intent of the Uniform Code. A Temporary Certificate shall be effective for a period of time, not to exceed 6 months, which shall be determined by the Code Enforcement Officer and specified in the Temporary Certificate. During the specified period of effectiveness of the Temporary Certificate, the Permit Holder shall undertake to bring the building or structure into full compliance with all applicable provisions of the Uniform Code and the Energy Code.

(e) Revocation or suspension of certificates. If the Code Enforcement Officer determines that a Certificate of Occupancy or Certificate of Compliance or a Temporary Certificate was issued in error because of incorrect, inaccurate or incomplete information, and if the relevant deficiencies are not corrected to the satisfaction of the Code Enforcement Officer within such period of time as shall be specified by the Code Enforcement Officer, the Code Enforcement Officer shall revoke or suspend such certificate.

(f) Fee. The fee specified in or determined in accordance with the provisions set forth in section 16 (Fees) of this local law must be paid at the time of submission of an application for a Certificate of Occupancy, Certificate of Compliance or for Temporary Certificate.

SECTION 8. NOTIFICATION REGARDING FIRE OR EXPLOSION

The chief of any fire department providing fire fighting services for a property within the Town shall promptly notify the Code Enforcement Officer of any fire or explosion involving any structural damage, fuel burning appliance, chimney or gas vent.

SECTION 9. UNSAFE BUILDING AND STRUCTURES

Unsafe structures and equipment in the Town shall be identified and addressed in accordance with the procedures established by Local Law Number 2 of the year 1981 as now in effect or as hereafter amended from time to time.

SECTION 10. OPERATING PERMITS

(a) Operation Permits required. Operating Permits shall be required for conducting the activities or using the categories of buildings listed below:

(1) manufacturing, storing or handling hazardous materials in quantities exceeding those listed in Tables 2703.1.1(1), 2703.1.1(2), 2703.1.1(3) or 2703.1.1(4) in the publication entitled “Fire Code of New York State” and incorporated by reference in 19 NYCRR section 1225.1;

(2) hazardous processes and activities, including but not limited to, commercial and industrial operations which produce combustible dust as a byproduct, fruit and crop ripening, and waste handling;

(3) use of pyrotechnic devices in assembly occupancies;

(4) buildings containing one or more areas of public assembly with an occupant load of 100 persons or more; and

(5) buildings whose use or occupancy classification may pose a substantial potential hazard to public safety, as determined by resolution adopted by the Town Board of the Town.

Any person who proposes to undertake any activity or to operate any type of building listed in this subdivision (a) shall be required to obtain an Operating Permit prior to commencing such activity or operation.

(b) Applications for Operating Permits. An application for an Operating Permit shall be in writing on a form provided by or otherwise acceptable to the Code Enforcement Officer. Such application shall include such information as the Code Enforcement Officer deems sufficient to permit a determination by the Code Enforcement Officer that quantities, materials, and activities conform to the requirements of the Uniform Code. If the Code Enforcement Officer determines that tests or reports are necessary to verify conformance, such tests or reports shall be performed or provided by such person or persons as may be designated by or otherwise acceptable to the Code Enforcement Officer, at the expense of the applicant.

(c) Inspections. The Code Enforcement Officer or an Inspector authorized by the Code Enforcement Officer shall inspect the subject premises prior to the issuance of an Operating Permit.

(d) Multiple Activities. In any circumstance in which more than one activity listed in subdivision (a) of this section is to be conducted at a location, the Code Enforcement Officer may require a separate Operating Permit for each such activity, or the Code Enforcement Officer may, in his or her discretion, issue a single Operating Permit to apply to all such activities.

(e) Duration of Operating Permits. Operating permits shall be issued for such period of time, not to exceed one year in the case of any Operating Permit issued for an area of public assembly and not to exceed three years in any other case, as shall be determined by the Code Enforcement Officer to be consistent with local conditions. The effective period of each Operating Permit shall be specified in the Operating Permit. An Operating Permit may be reissued or renewed upon application to the Code Enforcement Officer, payment of the applicable fee, and approval of such application by the Code Enforcement Officer.

(f) Revocation or suspension of Operating Permits. If the Code Enforcement Officer determines that any activity or building for which an Operating Permit was issued does not comply with any applicable provision of the Uniform Code, such Operating Permit shall be revoked or suspended.

(g) Fee. The fee specified in or determined in accordance with the provisions set forth in section 16 (Fees) of this local law must be paid at the time submission of an application for an Operating Permit, for an amended Operating Permit, or for reissue or renewal of an Operating Permit.

SECTION 11. FIRE SAFETY AND PROPERTY MAINTENANCE INSPECTIONS

(a) Inspections required. Fire safety and property maintenance inspections of buildings and structures shall be performed by the Code Enforcement Officer or an Inspector designated by the Code Enforcement Officer at the following intervals:

(1) Fire safety and property maintenance inspections of buildings or structures which contain an area of public assembly shall be performed at least once every twelve (12) months.

(2) Fire safety and property maintenance inspections of buildings or structures being occupied as dormitories shall be performed at least once every twelve (12) months.

(3) Fire safety and property maintenance inspections of all multiple dwellings not included in paragraphs (1) or (2) of this subdivision, and all non-residential buildings, structures, uses and occupancies not included in paragraphs (1) or (2) of this subdivision, shall be performed at least once thirty-six (36) months.

(b) Inspections permitted. In addition to the inspections required by subdivision (a) of this section, a fire safety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Code Enforcement Officer or an Inspector designated by the Code Enforcement Officer at any time upon:

(1) the request of the owner of the property to be inspected or an authorized agent of such owner;

(2) receipt by the Code Enforcement Officer of a written statement alleging that conditions or activities failing to comply with the Uniform Code or Energy Code exist; or

(3) receipt by the Code Enforcement Officer of any other information, reasonably believed by the Code Enforcement Officer to be reliable, giving rise to reasonable cause to believe that conditions or activities failing to comply with the Uniform Code or Energy Code exist;

provided, however, that nothing in this subdivision shall be construed as permitting an inspection under any circumstances under which a court order or warrant permitting such inspection is required, unless such court order or warrant shall have been obtained.

(c) OFPC Inspections. Nothing in this section or in any other provision of this local law shall supersede, limit or impair the powers, duties and responsibilities of the New York State Office of Fire Prevention and Control (“OFPC”) and the New York State Fire Administrator under Executive Law section 156-e and Education Law section 807-b.

(d) Fee. The fee specified in or determined in accordance with the provisions set forth in section 16 (Fees) of this local law must be paid prior to or at the time each inspection performed pursuant to this section. This subdivision shall not apply to inspections performed by OFPC.

SECTION 12. COMPLAINTS

The Code Enforcement Officer shall review and investigate complaints which allege or assert the existence of conditions or activities that fail to comply with the Uniform Code, the Energy Code, this local law, or any other local law or regulation adopted for administration and enforcement of the Uniform Code or the Energy Code. The process for responding to a complaint shall include such of the following steps as the Code Enforcement Officer may deem to be appropriate:

(a) performing an inspection of the conditions and/or activities alleged to be in violation, and documenting the results of such inspection;

(b) if a violation is found to exist, providing the owner of the affected property and any other Person who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding in the manner described in section 15 (Violations) of this local law;

(c) if appropriate, issuing a Stop Work Order;

(d) if a violation which was found to exist is abated or corrected, performing an inspection to ensure that the violation has been abated or corrected, preparing a final written report reflecting such abatement or correction, and filing such report with the complaint.

SECTION 13. RECORD KEEPING

(a) The Code Enforcement Officer shall keep permanent official records of all transactions and activities conducted by all Code Enforcement Personnel, including records of:

(1) all applications received, reviewed and approved or denied;

(2) all plans, specifications and construction documents approved;

(3) all Building Permits, Certificates of Occupancy, Certificates of Compliance, Temporary Certificates, Stop Work Orders, and Operating Permits issued;

(4) all inspections and tests performed;

(5) all statements and reports issued;

(6) all complaints received;

(7) all investigations conducted;

(8) all other features and activities specified in or contemplated by sections 4 through 12, inclusive, of this local law, including; and

(9) all fees charged and collected.

(b) All such records shall be public records open for public inspection during normal business hours. All plans and records pertaining to buildings or structures, or appurtenances thereto, shall be retained for at least the minimum time period so required by State law and regulation.

SECTION 14. PROGRAM REVIEW AND REPORTING

(a) The Code Enforcement Officer shall annually submit to the Town Board of the Town a written report and summary of all business conducted by the Code Enforcement Officer and the Inspectors, including a report and summary of all transactions and activities described in section 13 (Record Keeping) of this local law and a report and summary of all appeals or litigation pending or concluded.

(b) The Code Enforcement Officer shall annually submit to the Secretary of State, on behalf of the Town, on a form prescribed by the Secretary of State, a report of the activities of the Town relative to administration and enforcement of the Uniform Code.

(c) The Code Enforcement Officer shall, upon request of the New York State Department of State, provide to the New York State Department of State, from the records and related materials the Town is required to maintain, excerpts, summaries, tabulations, statistics and other information and accounts of the activities of the Town in connection with administration and enforcement of the Uniform Code.

SECTION 15. VIOLATIONS

(a) Compliance Orders. The Code Enforcement Officer is authorized to order in writing the remedying of any condition or activity found to exist in, on or about any building, structure, or premises in violation of the Uniform Code, the Energy Code, or this local law. Upon finding that any such condition or activity exists, the Code Enforcement Officer shall issue a Compliance Order. The Compliance Order shall (1) be in writing; (2) be dated and signed by the Code Enforcement Officer; (3) specify the condition or activity that violates the Uniform Code, the Energy Code, or this local law; (4) specify the provision or provisions of the Uniform Code, the Energy Code, or this local law which is/are violated by the specified condition or activity; (5) specify the period of time which the Code Enforcement Officer deems to be reasonably necessary for achieving compliance; (6) direct that compliance be achieved within the specified period of time; and (7) state that an action or proceeding to compel compliance may be instituted if compliance is not achieved within the specified period of time. The Code Enforcement Officer shall cause the Compliance Order, or a copy thereof, to be served on the owner of the affected property personally or by certified mail. The Code Enforcement Officer shall be permitted, but not required, to cause the Compliance Order, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other Person taking part or assisting in work being performed at the affected property personally or by certified mail; provided, however, that failure to serve any Person mentioned in this sentence shall not affect the efficacy of the Compliance Order.

(b) Appearance Tickets. The Code Enforcement Officer and each Inspector are authorized to issue appearance tickets for any violation of the Uniform Code.

(c) Civil Penalties. In addition to those penalties proscribed by State law, any Person who violates any provision of the Uniform Code, the Energy Code or this local law, or any term or condition of any Building Permit, Certificate of Occupancy, Certificate of Compliance, Temporary Certificate, Stop Work Order, Operating Permit or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this local law, shall be liable to a civil penalty of not more than $200 for each day or part thereof during which such violation continues. The civil penalties provided by this subdivision shall be recoverable in an action instituted in the name of the Town.

(d) Injunctive Relief. An action or proceeding may be instituted in the name of the Town in a court of competent jurisdiction, to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce, any provision of the Uniform Code, the Energy Code, this local law, or any term or condition of any Building Permit, Certificate of Occupancy, Certificate of Compliance, Temporary Certificate, Stop Work Order, Operating Permit, Compliance Order, or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this local law. In particular, but not by way of limitation, where the construction or use of a building or structure is in violation of any provision of the Uniform Code, the Energy Code, this local law, or any Stop Work Order, Compliance Order or other order obtained under the Uniform Code, the Energy Code or this local law, an action or proceeding may be commenced in the name of the Town, in the Supreme Court or in any other court having the requisite jurisdiction, to obtain an order directing the removal of the building or structure or an abatement of the condition in violation of such provisions. No action or proceeding described in this subdivision shall be commenced without the appropriate authorization from the Town Board of the Town.

(e) Remedies Not Exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or remedy available to address any violation described in this section, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this section, in section 6 (Stop Work Orders) of this local law, in any other section of this local law, or in any other applicable law. Any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this section, in section 6 (Stop Work Orders) of this local law, in any other section of this local law, or in any other applicable law. In particular, but not by way of limitation, each remedy and penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the penalties specified in subdivision (2) of section 381 of the Executive Law, and any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any penalty specified in subdivision (2) of section 381 of the Executive Law.

SECTION 16. FEES

A fee schedule shall be established by resolution of the Town Board of the Town following a public hearing on at least ten (10) days prior notice. Such fee schedule may thereafter be amended from time to time by like resolution and public hearing. The fees set forth in, or determined in accordance with, such fee schedule or amended fee schedule shall be charged and collected for the submission of applications, the issuance of Building Permits, amended Building Permits, renewed Building Permits, Certificates of Occupancy, Certificates of Compliance, Temporary Certificates, Operating Permits, fire safety and property maintenance inspections, and other actions of the Code Enforcement Officer described in or contemplated by this local law.

SECTION 17. INTERMUNICIPAL AGREEMENTS

The Town Board of the Town of Dryden may, by resolution, authorize the Town Supervisor of the Town of Dryden to enter into an agreement, in the name of the Town of Dryden, with other governments to carry out the terms of this local law, provided that such agreement does not violate any provision of the Uniform Code, the Energy Code, Part 1203 of Title 19 of the NYCRR, or any other applicable law.

SECTION 18. PARTIAL INVALIDITY

If any section of this local law shall be held unconstitutional, invalid, or ineffective, in whole or in part, such determination shall not be deemed to affect, impair, or invalidate the remainder of this local law.

SECTION 19. REPEALER

Upon the effective date of this local law, Local Law No. 1 of the year 1988 (a local law providing for the enforcement of the New York State Uniform Fire Prevention and Building Code) and Local Law No. 3 of the year 1992 (a local law pertaining to Permits, Inspections and Fees under the Uniform Fire Prevention and Building Code and other Ordinances and Local Laws), are hereby repealed.

SECTION 20. 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.

2nd Cl Stelick

Roll Call Vote Cl Makar Yes

Cl Christofferson Yes

Supv Trumbull Yes

Cl Stelick Yes

Cl Sumner Yes

The board discussed the following resolution for the fee schedule.

RESOLUTION #48 – FEE SCHEDULE

Cl Sumner offered the following resolution and asked for its adoption:

WHEREAS, proposed Local Law No. 1 of the year 2007 authorizes the Town Board to establish a fee schedule for permits required by such local law, and

WHEREAS, certain other services performed by the Code Enforcement Officer have not been subject to a fee because no provision had been made to collect a fee,

NOW, THEREFORE, be it

RESOLVED, that pursuant to the authority reserved to the Town Board in Local Law No. 1 of the year 2007, the Town Board hereby establishes the following fee schedule for the activities described herein:

1. Building permits.

(A) New construction:

(i) One and two family dwellings;

(a) One and two family homes including accessory structures constructed

contemporaneously:

First 1,500 square feet of area………………………………………..

$375

Each additional 1,000 square feet of area or fraction thereof……………..

$150

(b) Siting of a mobile home……………………………………………….

$75

(ii) Multiple dwellings including accessory structures constructed contemporaneously:

Each 1,000 square feet of area or fraction thereof…………………………

$300

(iii)Installation of an approved factory manufactured home:

First dwelling unit or sleeping room……………………………………..

$150

Each additional dwelling unit or sleeping room…………………………….

$75

(iv) Garages, swimming pools, and other miscellaneous structures not constructed

contemporaneously with the construction of a dwelling:

Each 1,000 square feet of area or fraction thereof…………………………

$75

(v) Sheds or other miscellaneous storage structures under 500 square feet………..

$25

(vi) General building construction:

Each 1,000 square feet of area or fraction thereof…………………………

$300

(B) Additions, alterations and renovations:

(i) Fees for projects which involve the alteration and/or renovation of an existing

structure or a portion thereof as well as the construction of an addition onto

the existing building shall be computed solely on the basis of the square

footage of the proposed addition.

(ii) Additions:

(a) One and two family dwellings:

Each 1,000 square feet of area or fraction thereof……………………….

$150

(b) Multiple dwellings:

Each 1,000 square feet of area or fraction thereof……………………….

$300

(c) Garages, swimming pools or other miscellaneous accessory structures:

Each 1,000 square feet of area or fraction thereof……………………….

$75

(d) General building construction:

Each 1,000 square feet of area or fraction thereof……………………….

$300

(iii) Alterations and renovations:

(a) One and two family dwellings including structures accessory thereto………..

$125

(b) Multiple dwellings including structures accessory thereto:

(1) Alteration or renovation to an electrical, heating, ventilation, air

conditioning or plumbing system or to any combination thereof………….

$300

(2) Other types of alterations or renovations including structural

alterations or renovations:

Each dwelling unit or sleeping room to be altered or renovated…………

$75

(3) Alterations or renovation to an area not included as part of a dwelling

unit or sleeping room……………………………………………..

$300

(c) General building construction:

(1) Alteration or renovation to an electrical, heating, ventilation, air

conditioning or plumbing system or to any combination thereof………….

$300

(2) Other types of alterations or renovations including structural alterations

or renovations:

Each 1,000 square feet of area or fraction thereof……………………

$300

2. Operating permit……………………………………………………….

$200

3. Demolition permit………………………………………………………

$50

4. Renewal of permits. 50 percent of whatever fee would be charged for a new permit.

5. Miscellaneous inspections.

(A) Miscellaneous inspections shall include all inspections of existing buildings

which are requested by an owner, an owner’s agent, a leasee, a tenant, or an

occupant unless such request for an inspection is related to a complaint

alleging Uniform Code violations.

(B) One-and two-family dwellings or a portion thereof………………………….

$100

(C) Multiple dwellings:

Each dwelling unit or sleeping room………………………………………

(Minimum fee $100 – Maximum fee $1,000)

$25

(D) General building construction:

Each 1,000 square feet of area or fraction thereof…………………………

(Minimum fee $100 – Maximum fee $1,000)

$15

6. Fees for Certificates of Occupancy or Completion. No fee shall be charged for the issuance of a certificate of occupancy or compliance when such certificate if issued for a structure or project for which a building or demolition permit has been previously issued. In all other circumstances a fee in accordance with the schedule specified herein will be collected prior to the issuance of a certificate of occupancy or compliance.

7. Certification of parcel with respect to Flood Boundary and Floodway Map (FBFM), Flood Hazard Boundary Map (FHBM) or Flood Insurance Rate Map (FIRM)………………..

$50

8. Refunds. If an application for a building or demolition permit is withdrawn prior to the commencement of a review of such application, the applicant may receive a refund of 100 percent of the fee paid. If a review of an application has been commenced prior to its withdrawal, or if an application is not approved after review, the applicant may receive a refund of 50 percent of the fee paid, provided no work has commenced. If work has commenced, and the application is either withdrawn or not approved, any fees paid shall not be refunded.

and, be it

FURTHER RESOLVED, that the fees hereby established shall be effective upon the effective date of proposed Local Law No. 1 of the year 2007.

2nd Cl Stelick

Roll Call Vote Cl Makar Yes

Cl Christofferson Yes

Supv Trumbull Yes

Cl Stelick Yes

Cl Sumner Yes

The public hearing on the fee schedule was set for March 8, 2007, at 7:15 p.m. at the Town Hall.

Atty Perkins has reviewed the contract with the Computing Center.

RESOLUTION #49 – APPROVE COMPUTING CENTER CONTRACT

Cl Christofferson offered the following resolution and asked for its adoption:

RESOLVED, that this Town Board hereby approves the contract with The Computing Center and the Supervisor is hereby authorized to sign the same.

2nd Cl Sumner

Roll Call Vote Cl Makar Yes

Cl Christofferson Yes

Supv Trumbull Yes

Cl Stelick Yes

Cl Sumner Yes

With respect to the OCE service agreement, Atty Perkins said it needs to be clarified whether it is cancelable on 30 days notice, and there is a question of arbitration in Illinois. D Kwasnowski noted the software support by telephone has been excellent. After discussion, the board decided the contract was fine as is.

RESOLUTION #50 – APPROVE OCE CONTRACT

Cl Christofferson offered the following resolution and asked for its adoption:

RESOLVED, that this Town Board hereby approves the contract with OCE and the Supervisor is hereby authorized to sign the same.

2nd Supv Trumbull

Roll Call Vote Cl Makar Yes

Cl Christofferson Yes

Supv Trumbull Yes

Cl Stelick Yes

Cl Sumner Yes

The board has received information on a local law the Village of Dryden is proposing that would increase sewer rents in the Cortland Road Sewer District. Atty Perkins has drafted a local law so the Town will stay on track with them if they raise their rates. The Village’s public hearing is scheduled for February 15, and presumably the increase will take effect with the April billing. After discussion, the board decided to introduce the local law and schedule the public hearing for March 8, 2007 at 7:30 p.m., contingent on the Village passing their local law.

RESOLUTION #51 – INTRODUCE LOCAL LAW REGARDING CORTLAND ROAD

SEWER DISTRICT RATES

Cl Christofferson offered the following resolution and asked for its adoption:

RESOLVED, that this Town Board hereby introduces the following local law and schedules the public hearing on the same for March 8, 2007, at 7:30 p.m. contingent on the Village of Dryden passing its local law for an increase in sewer rates:

Proposed Local Law _____ 2007

A local law amending Local Law No 2 of the year 2004 which (re)established the Cortland Road Sewer District Rent Law

1. Section 6(b) of Local Law No. 2 of the year 2004 is hereby amended by substituting for the table of amount of water usage and rate set forth in such section, the following table:

AMOUNT OF WATER USAGE

RATE

First 1250 gallons

$ 46.25 (minimum bill)

Next 13750 gallons

$ 3.68 per thousand or part thereof

Next 25000 gallons

$ 4.30 per thousand or part thereof

Next 20000 gallons

$ 4.61 per thousand or part thereof

Next 40000 gallons

$ 4.93 per thousand or part thereof

Thereafter

$ 5.24 per thousand or part thereof

2. This local law shall take effect upon filing with the Secretary of State and for all billing periods which begin on or after _________________________.

2nd Cl Stelick

Roll Call Vote Cl Makar Yes

Cl Christofferson Yes

Supv Trumbull Yes

Cl Stelick Yes

Cl Sumner Yes

With respect to the manholes monitoring project in the Cortland Road Sewer District, Atty Perkins said they had received figures from Hunt Engineers on the savings to the district if the Town performed the work. The total materials cost would be $71,500 and the work would be done with the Town’s manpower. The low bid received for the project was $93,000, and we were unable to negotiate a reduction.

RESOLUTION #52 – REJECT BIDS FOR CORTLAND ROAD SEWER

FLOW MONITORING MANHOLES

Cl Stelick offered the following resolution and asked for its adoption:

WHEREAS, the Town of Dryden, on behalf of the Cortland Road Sewer District (CRSD), engaged HUNT Engineers, Architects & Land Surveyors, P.C. to prepare contract documents, technical specifications and drawings in connection with a proposed installation of three (3) sanitary sewer flow monitoring manholes to measure wastewater flow from the CRSD into the Village of Dryden wastewater collection system (“the project”), and

WHEREAS, the Town, on behalf of the CRSD, heretofore advertised for bids for the project, and

WHEREAS, the Town received four (4) bids in response to its advertisement for bids, and

WHEREAS, upon opening and reading the four (4) bids on October 26, 2006 it appeared that G. DeVincentis & Son Construction, Inc. was the lowest bidder and a Notice of Award was mistakenly signed by the town supervisor on November 1, 2006, prior to the award of the contract by the town board and as soon as that was discovered the successful bidder was notified of such mistake, and

WHEREAS, following a public hearing on December 7, 2006, the town board adopted Resolution No. 175 whereby it awarded the contract for sanitary sewer flow monitoring manholes to G. DeVincentis & Son Construction, Inc., contingent upon satisfactory negotiation of a change order which would remove the short time constraints for completion of the project resulting in a project cost savings, and

WHEREAS, subsequent negotiations with the apparent low bidder have not resulted in a satisfactory reduction in the proposed contract price, and

WHEREAS, all the bidders proposed to furnish FRP flow monitoring manholes, complete with area/velocity and/or ultrasonic flow meters supplied by Burgh Schoenenberger Associates, Inc., and

WHEREAS, after consultation with the Town of Dryden Department of Public Works, it appears that such department is capable of performing the installation of such manholes, equipment and appurtenance furnished by such supplier, now therefore

BE IT RESOLVED, that the town board of the Town of Dryden, on behalf of the CRSD, hereby rejects all bids submitted for such project, and be it further,

RESOLVED, that such project will not be re-bid, and

WHEREAS, it appears that due to the highly specialized nature of the FRP flow monitoring manholes, area/velocity sensors and/or ultrasonic flow meters the same are available only from a single supplier, therefore, be it

RESOLVED, that the purchase by the town of such FRP flow monitoring manholes, sensors and/or meters shall not be subject to competitive bidding or compliance with the Town of Dryden Procurement Policy.

2nd Cl Makar

Roll Call Vote Cl Makar Yes

Cl Christofferson Yes

Supv Trumbull Yes

Cl Stelick Yes

Cl Sumner Yes

ZONING OFFICER

ZO Slater reported that work is proceeding on schedule with the new town hall. There is temporary heat in the building and concrete will be poured for the floors next week, assuming the frost issue clears up. The frost is currently 24″ deep.

ZO Slater has been working on furniture needs for the new building with a vendor, McNamara Furniture Supply. They have helped him pick a line of furniture that is durable and consistent with the woods in the new building. With a list of needs from all departments he has come up with an estimate and will be sending it to the building committee soon for review. Once the committee is comfortable with the list he would like to send out a request for proposals. Funds for furnishings have yet to be approved by the board.

On January 13 Gina Prentiss of the Dryden Historical Society and Rick Lazarus, who is a historic preservation expert particularly for barns, visited the Tuttle property. They concluded that the original barn was actually built around 1800. It was the opinion of R Lazarus that the original barn could be separated out and restored. The foundation will need the most work. His opinion of the house was that it had been compromised too many times to be of any historical value. The foundation of the house may be utilized to repair the foundation of the barn. The Dryden Historical Society and Historic Ithaca have indicated a willingness to seek funding and possibly volunteers for renovation of the barn. If the house is demolished there will need to be an asbestos abatement survey because of the asbestos siding on the house. Mike Lane said the land is what is important, not the house.

ZO Slater explained that Civil Service classification for Tricia Strickland needed to be changed.

RESOLUTION #53 – APPOINT PART-TIME TYPIST

Cl Makar offered the following resolution and asked for its adoption:

WHEREAS, the Town of Dryden has an established part-time Typist position in accordance with applicable New York State laws and the Civil Service Rules for Tompkins County; and

WHEREAS, said position is established in the non-competitive class pursuant to Section 44 of the Civil Service Law and the Civil Service Rules for Tompkins County; and

WHEREAS, the Town has a high school student that is working part-time at the Town Hall as part of the Tech Prep Program. It has been brought to the Town’s attention that the title of Project Assistant is not appropriate for this position. The person occupying this position will now be classified as a part-time Typist.

NOW, THEREFORE, BE IT

RESOLVED, that this Town Board does hereby appoint, in accordance with applicable Civil Service laws, rules and regulations, Tricia Strickland to the non-competitive class status in the title of part-time Typist.

2nd Cl Stelick

Roll Call Vote Cl Makar Yes

Cl Christofferson Yes

Supv Trumbull Yes

Cl Stelick Yes

Cl Sumner Yes

ZO Slater provided the board with information regarding the need for a secretary in his department after Kris Strickland has moved into the code enforcement position. He asked them to review it for consideration at next month’s board meeting.

ENVIRONMENTAL PLANNER

Dan Kwasnowski has provided the board with proposed resolutions for consideration in connection with formation of the special committee and charges to the Conservation Board and Planning Board.

RESOLUTION #54 – CHARGE TO CONSERVATION BOARD

Cl Stelick offered the following resolution and asked for its adoption:

WHEREAS, the town board of the Town of Dryden adopted a Notice of Intent for Municipal Separate Storm Sewer Systems on March 5, 2003, and

WHEREAS, the Notice of Intent, as part of an overall approach to complying with NYS DEC General Permit 02-02, includes among other initiatives:

* A riparian buffer program;
* Developing a fill ordinance, and

WHEREAS, General Municipal Law, Article 12-F§239 b,e and g, authorizes the town board to refer to the conservation board of the town of Dryden, by resolution, any other duties, tasks, or responsibilities and Local Law No. 4 of the year 2000 § 2.b. authorizing the conservation board to “Assist the Town Board and Town staff in the creation, improvement and implementation of plans and policies related to environmental protection and management, open space, natural areas and features, and agriculture” now, therefore, be it

RESOLVED, that the town board hereby requests that the conservation board utilize the town Environmental Planner to provide professional assistance to the conservation board and town board and implement the strategies recited in the preambles hereto, such strategy to eventually be in a form for adoption by legislative action by the town board if necessary, and be it further

RESOLVED, that the conservation board will coordinate its efforts with any Special Committee formed by the town board to initially review and provide comment upon said local laws and policy determinations, and be it further

RESOLVED, that the conservation board will make periodic progress reports to any special committee formed for this purpose by the town board.

2nd Supv Trumbull

Roll Call Vote Cl Makar Yes

Cl Christofferson Yes

Supv Trumbull Yes

Cl Stelick Yes

Cl Sumner Yes

RESOLUTION #55 – CHARGE TO PLANNING BOARD

Cl Christofferson offered the following resolution and asked for its adoption:

WHEREAS, the town board of the Town of Dryden adopted a (revised) Comprehensive Plan on December 8, 2005, and

WHEREAS, the Comprehensive Plan, as part of an overall approach to accommodating anticipated future growth in population, recommends a holistic strategy that includes among other initiatives:

* Encouraging higher density residential development in and around the existing village and hamlet centers of population;

* Encouraging the use of cluster subdivision designs that create areas of permanent open spaces within future residential neighborhoods without reducing overall site density;

* Directing future commercial development into existing village and hamlet downtown cores where practical, or into existing nodes such as the North Street area between TC3 and the village, and the corner of NYS Rte. 13 and Dryden Road (NYS Rte. 366);

* Comprehensive changes to current regulations governing land use, and

WHEREAS, the town board has appropriated funds in its 2007 budget for a consultant to assist the town in developing proposed local legislation to implement the aforesaid goals, and

WHEREAS, Town Law 271(13) and (14) authorizes the town board to refer to the planning board of the town of Dryden, by resolution, any matter or class of matters for review and recommendations, now, therefore, be it

RESOLVED, that the town board hereby requests that the planning board undertake a search for a person or firm to provide professional assistance to the planning board and town board, within the appropriation provided therefore, and develop a proposal to implement the strategies recited in the preambles hereto, such strategy to eventually be in a form for adoption by legislative action by the town board, and be it further

RESOLVED, that such proposal include a proposed timetable and projected cost of accomplishing the aforesaid strategy implementation, and be it further

RESOLVED, that the planning board make a recommendation of a person or firm to assist the planning board and the town board or special committees formed by the town board in such endeavor in a timely manner, with final contract approval to be made by the town board, and be it further

RESOLVED, that the planning board will coordinate its efforts with any Special Committee formed by the town board to initially review and provide comment upon said local laws and policy determinations, and be it further

RESOLVED, that the planning board will make periodic progress reports to any special committee formed for this purpose by the town board.

2nd Cl Stelick

Roll Call Vote Cl Makar Yes

Cl Christofferson Yes

Supv Trumbull Yes

Cl Stelick Yes

Cl Sumner Yes

D Kwasnowski reviewed the proposed resolution for the special committee and the board discussed it and what to call the special committee, finally deciding on “special committee”.

RESOLUTION #56 – APPOINT SPECIAL COMMITTEE

Supv Trumbull offered the following resolution and asked for its adoption:

WHEREAS, the town board of the Town of Dryden adopted a (revised) Comprehensive Plan on December 8, 2005, and

WHEREAS, the Comprehensive Plan, as part of an overall approach to accommodating anticipated future growth in population, recommends a holistic strategy that includes among other initiatives:

* Encouraging higher density residential development in and around the existing village and hamlet centers of population;

* Encouraging the use of cluster subdivision designs that create areas of permanent open spaces within future residential neighborhoods without reducing overall site density;

* Directing future commercial development into existing village and hamlet downtown cores where practical, or into existing nodes such as the North Street area between TC3 and the village, and the corner of NYS Rte. 13 and Dryden Road (NYS Rte. 366);

* Comprehensive changes to current regulations governing land use, and

WHEREAS, the town board of the Town of Dryden adopted a Notice of Intent for Municipal Separate Storm Sewer Systems on March 5, 2003, and

WHEREAS, the Notice of Intent, as part of an overall approach to complying with NYS DEC General Permit 02-02, includes among other initiatives:

* Developing local stormwater regulations for construction and illicit discharges;
* A riparian buffer program;
* Developing a fill ordinance, and

WHEREAS, implementation of both the Comprehensive Plan recommendations, and the Stormwater Management Program both require meaningful and extensive public participation, as well as the ability to elicit high levels of participation, and

WHEREAS, the town board appreciates the high levels of experience and education found on the town’s various boards, as well as their desire to volunteer their time in the pursuit of implementing these programs, resulting in substantial savings to the town in consulting fees, and

WHEREAS, the town board wishes to initiate a public examination of the issues surrounding the proposed changes in land use regulations now, therefore, be it

RESOLVED, the town board of the Town of Dryden hereby authorizes the Supervisor to form a Special Committee to consist of the Supervisor as Chair, and two members from each board to be selected by the Chair of each board and appointed by the Supervisor (i.e. two (2) members of the Town Board, two (2) members of the Planning Board, two (2) members of the Conservation Board, and two (2) members of the Zoning Board of Appeals, and the Supervisor as Chair for a total of nine (9) members), and be it further

RESOLVED, the Special Committee is tasked herein to develop policy implementation strategies associated with the Town’s Stormwater Management Program as described in the town’s Notice of Intent filed with the NYS DEC on February 6, 2003, as well as general and prioritized initiatives as described in the Comprehensive Plan adopted on December 8, 2005 and described in the preamble, and be it further

RESOLVED, the town board has hired specialized help in creating said stormwater regulations and will utilize this staff augmentation to implement the stormwater program, and be it further

RESOLVED, the Special Committee will develop all local laws and town programs required to fulfill the Town’s state mandated Stormwater Management Program under General Permit 02-02 by January 8, 2008. This will involve final review and preparation for adoption of the required Local Law for regulating stormwater discharges from construction sites and furthermore create administrative policies to implement and enforce such local regulations, and be it further

RESOLVED, the Special Committee will coordinate and perform initial review of the zoning and land use reforms as recommended in the Comprehensive Plan. The Planning Board will further develop these recommendations as described in a separate resolution of the town board, into adoptable versions of law or policy analysis documents for Special Committee review, consideration and eventual recommendation to the Town Board, and be it further

RESOLVED, the Special Committee will coordinate and perform initial review of a riparian buffer management program as adopted in the Town Notice of Intent filed with the NYS DEC on February 8, 2003. The Conservation Board will develop these recommendations as described in a separate resolution of the town board, into adoptable versions of law or policy analysis documents for Special Committee review, consideration and eventual recommendation to the Town Board, and be it further

RESOLVED, both the Planning Board and Conservation Board will make a timely submission to the Special Committee of prepared policy issues for review, comment and return for further clarification, and be it further

RESOLVED, the Special Committee must complete the outstanding policy issues, and prepare the mandatory local law(s) in accordance with NYS DEC General Permit 02-02 and the Notice of Intent, to the Town Board by November 2007 for adoption by January 8, 2008, and be it further

RESOLVED, The Special Committee will be coordinated by the town Environmental Planner, who will prepare a report for recommendation to the Town Board by December 2007 describing the policy development to date, issues identified and addressed and recommended further action for 2008 as well as other items as identified by the Special Committee, or requested by the Town Board. The Environmental Planner will also be responsible for coordinating the efforts of hired specialists necessary for fulfilling this charge, as well as communicating and coordinating developing policy with specific affected populations in the Town, and for providing technical oversight for policy creation, and be it further

RESOLVED, that the members of such special committee, unless otherwise defined as public officers, shall not constitute public officers and shall serve on such committee at the pleasure of the town board.

2nd Cl Makar

Roll Call Vote Cl Makar Yes

Cl Christofferson Yes

Supv Trumbull Yes

Cl Stelick Yes

Cl Sumner Yes

D Kwasnowski said he had been contacted by USGS regarding the aquifer. The Town’s contract ends a year before the county study is done and they would like to adjust it so that everything ends at the same time. USGS has some left over money from a project they will apply to increase their share. D Kwasnowski asked the board to authorize the Supervisor to sign an agreement to that effect after Atty Perkins has reviewed and approved it.

RESOLUTION #57 – AUTHORIZE SUPERVISOR TO SIGN USGS AGREEMENT AMENDMENT

Cl Christofferson offered the following resolution and asked for its adoption:

RESOLVED, that this Town Board hereby authorizes the Town Supervisor to sign an amendment to the agreement with USGS reducing the cost by approximately $4500 and changing the ending date of the agreement, subject to review and approval by the Town Attorney.

2nd Cl Stelick

Roll Call Vote Cl Makar Yes

Cl Christofferson Yes

Supv Trumbull Yes

Cl Stelick Yes

Cl Sumner Yes

TOWN CLERK

Town Clerk B Hollenbeck asked the board to approve the minutes of January 3 and January 11, 2007.

RESOLUTION #58 – APPROVE MINUTES

Supv Trumbull offered the following resolution and asked for its adoption:

RESOLVED, that this Town Board hereby approves the town board minutes of January 3 and January 11, 2007.

2nd Cl Christofferson

Roll Call Vote Cl Makar Yes

Cl Christofferson Yes

Supv Trumbull Yes

Cl Stelick Yes

Cl Sumner Yes

B Hollenbeck informed the board that the Tompkins County Highway Manager has scheduled a public hearing on the abandonment of Cornelius Road for March 8, 2007, at 6:30 p.m. at the Town Hall, just prior to the next Town Board meeting.

DISCUSSION

Cl Sumner said she had attended the fire department/legal issues training seminar last week. It was very informative and she is looking forward to talking with Atty Perkins about some things regarding liability issues. She said it was very beneficial.

The Emergency Services Committee met to try and delineate what they wanted to accomplish this year. They plan to go the Chiefs’ monthly meetings and the fire department board meetings. They want to establish a budget process that doesn’t take anybody by surprise, and they want to move on that fairly quickly. They want to give some consideration for the funds that were withheld from the Etna Department this year to set a standard for either giving it to them or awarding it to someone else or carrying it over to next year. They will try to develop a concise report of the equipment and personnel in each department. The emergency services plan needs to be reviewed. The Town needs to be in a position to be proactive if Varna does propose to form a separate district and they will do some research on that.

Supv Trumbull reported that he has two people interested in the Town Historian position. One is a history major at Cornell, and the other is Susan Olmstead, a town resident. Supv Trumbull will ask for resumes.

Cl Sumner said that Judy Saul of Community Dispute Resolution Center mailed a letter to all four fire departments asking to meet with them. She met with Natan Huffmann of Varna and the other three departments declined to meet with her. Cl Sumner said the part she is really interested in is getting all departments together for a face-to-face meeting. She doesn’t think it is going to work, but J Saul will be meeting with Cl Sumner, Cl Makar and Supv Trumbull probably February 16. She and Cl Makar have met with the departments to talk about what the problem really is and thinks if they talk with J Saul they can get a sense of where to go with that information. Meeting with her one more time may be all they need to do. Supv Trumbull said if this doesn’t work out, hiring a coordinator may be the next step.

Cl Sumner said a few things came to light and she feels the Town should be dealing more with the Boards of Directors than with the Chiefs. She is hoping the emergency services committee can substitute for the paid position for this year at least. She doesn’t have a positive feeling about how the chiefs feel about the paid position. Cl Stelick said he agrees with Cl Sumner that perhaps they don’t need to fill the position now, but should leave it open. It will be a temporary position initially.

Supv Trumbull said he is waiting for more information from the County on the beautification grant. Supv Trumbull will contact them.

Supv Trumbull said he has received a request to renew the contract with Advantage Cleaning at $69 per week. There have been some complaints about the work that is done. Supv Trumbull will ask D Bogdan to collect comments and complaints from employees then contact Advantage. There will be an RFP for this service for the new building.

Cl Sumner and Cl Christofferson reported that the personnel committee had met. They will come up with a job description for the assistant in the Supervisor’s office and would like to move forward with reviewing the personnel manual. They will arrange a meeting for staff input and hope to have a recommendation to the board in June. They will review job descriptions and collect information about performance review processes and consult with the staff.

D Kwasnowski reported that we will be receiving $20,000 in NYSERDA funding for the new town hall.

Cl Makar reported the technology committee (he and Cl Christofferson) met on January 18 and identified issues to work on as: cell phone, broadband, Time Warner Contract, town web site and other carriers for land lines. Their mission is to provide better access to technologies for Dryden residents and to provide complete and timely information via our website and other technologies as available. Their goals are to: 1) write an RFP for the web site; 2) write to cell phone companies to encourage growth in Dryden; 2) support broadband development; and 4) revisit the Time Warner contract.

HIGHWAY DEPARTMENT

Highway Superintendent Jack Bush reported that the DPW Department will be moving the large rock from in back of the town hall to the front and put a plaque on it possibly referencing the old fairgrounds. They will also be installing curbing in front of the building and planting grass and trees. They expect to pave at the new town hall around May 14, 2007. They will continue with installation of the sewer lines. They will continue to work on the trail extension and bridge rehabilitation. They will be constructing a parking area in exchange for the land on Route 366. There may be some work (pending decision by the Town Board) on the former Tuttle property. They will continue with regular maintenance of the Jim Schug trail, Dryden Lake Park, Virgil Creek Dam, old cemeteries and buildings and grounds.

J Bush explained that he has been holding off as long as possible but it is now time to hire an additional full time DPW person. In consultation with the Civil Service Office they have come up with a position of maintenance worker, which is non-competitive, and no exam is necessary. There are currently two people in the DPW Department. One is a working supervisor and one is a maintenance worker. This would authorize a second maintenance worker position. There is money in the budget for the position.

Cl Christofferson suggested that in the future new positions come through the personnel committee prior to coming to the Town Board.

RESOLUTION #59 – AUTHORIZE MAINTENANCE WORKER POSITION

Cl Sumner offered the following resolution and asked for its adoption:

WHEREAS, the Town Highway Superintendent has shown the need for the creation of an additional full-time Maintenance Worker position in the Department of Public Works, and

WHEREAS, such need has been fully explained to the Dryden Town Board

NOW, THEREFORE, BE IT

RESOLVED, that the Town of Dryden establishes a second full-time Maintenance Worker position in accordance with applicable New York State laws and the Civil Service Rules for Tompkins County.

2nd Cl Stelick

Roll Call Vote Cl Makar Yes

Cl Christofferson Yes

Supv Trumbull Yes

Cl Stelick Yes

Cl Sumner Yes

The board briefly discussed what maintenance/preventative maintenance will be necessary for the new building and J Bush said he is working on what his department will be able to provide in that respect.

Cl Makar asked about striping of town roads and J Bush said that there are certain roads that are striped. The vendor that was supposed to do the striping this year had equipment problems and was unable to do the job. No other vendor was available to do the job. They should be able to accomplish it this summer.

J Bush has previously provided board members with a copy of his proposed §284 Agreement (Agreement to Spend Highway Funds) for 2007, and reviewed it with the board.

RESOLUTION #60 – APPROVE §284 AGREEMENT

Cl Stelick offered the following resolution and asked for its adoption:

RESOLVED, that this Town Board hereby approves the Agreement to Spend Town Highway Funds (§284 Agreement) for 2007.

2nd Cl Supv Trumbull

Roll Call Vote Cl Makar Yes

Cl Christofferson Yes

Supv Trumbull Yes

Cl Stelick Yes

Cl Sumner Yes

All board members and the Highway Superintendent signed the agreement.

RESOLUTION #61 – APPROVE ABSTRACT #2

Cl Makar offered the following resolution and asked for its adoption:

RESOLVED, that this Town Board hereby approves Abstract #2, as audited, vouchers #43 through #122, totaling $351,019.91.

2nd Supv Trumbull

Roll Call Vote Cl Makar Yes

Cl Christofferson Yes

Supv Trumbull Yes

Cl Stelick Yes

Cl Sumner Yes

On motion made, seconded and unanimously carried, the board moved into executive session at 10:20 p.m. to discuss the proposed acquisition of real property where publicity would substantially affect the value thereof. No action was taken and the meeting was adjourned at 10:40 p.m.

Respectfully submitted,

Bambi L. Hollenbeck

Town Clerk