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HomeMy WebLinkAbout1981-09-08 / /.3 PUBLIC HEARING # 1 September 8 , 1981 Richard Dayton - Body Shop Parcel # 38 - 1 - 18 . 4 , 293 George Rd Minutes of public hearing #1 held on Sept 8th at 7 : 30 PM Supv Cotterill read the notice that was published in the newspaper to consider the application of Richard Dayton for a special permit to have a body shop at 293-George Rd . , parcel # 38- 1 - 18 . 4 QUESTIONS AND/OR COMMENTS Mr Dayton said that he needs a body shop in connection with their garage . He is now renting the garage from Ray Stafford . He has an opportunity to buy the garage , but at this time has not made uph-:M mind yet . He has looked at this building that he is interested in and it is far enough away from everyone so as not to cause a nuisance . He said that any body shop business they did would be during regular • working hours and would not become a junk yard or an eyesore . Supv Cotterill wanted to know if he would have any idea as to how may cars would be sitting outside on the premisses to be worked on and not junk cars . Mr Dayton said about 6 cars and these would only be cars to be worked on . He said that he has considered to eventually build his own home on this property . Closed public hearing : 7 : 40 PUBLIC HEARING # 2 Proposed Local Law - Electrical Code Minutes of public hearing # 2 held on Sept 8th at 7 : 45PM Supv Cotterill read the notice that was published in the newspaper concerning a proposed local law for an electrical code in the Town of Dryden . QUESTIONS AND/OR COMMENTS Supv Cotterill stated that the Town Board had held a hearing before concerning this proposed local law . The state has returned the proposed local law because the wording did not suit them , and in the meantime we have had a request that it be worded differently from what the original local law was . Supv Cotterill read a letter from Mr Carl Hinkle , President of New York Atlantic- Inland Inc . stating that it has been brought to his attention that the Town of Dryden has adopted a local law of August of 1981 , which this code was written, and names the New York Board of Fire Underwriters as the only electrical inspection agency to be recognized in the township of Dryden . The adoption of this model ordinance is very common in other areas throughout New York State . This is understandable as the New York Board of Fife Underwriters were the only inspection agency available to residents of the state until a few years ago . As you are aware we have been conducting inspection in and around the Dryden area for several years . I hope that our service has been of quality to you and the board , and now consider a resolution which would now add the name of New York Atlantic- Inland Inc . as an additional inspection agency for the Town of Dryden . Apparently the Board of Fire Underwriters have taken the liberty of forwarding a copy of the adopted code to NYSE&G in Ithaca . , and evidently they no longer connect electrical services for our agency . Supv Cotterill said that our local law worded only New York Board of Fire Underwriters and that would only be one inspection agency . This agency has also been doing electrical inspections and maybe Mr Hinkle has something that he would like to add . Mr Hinkle said that he had been with Niagara Mohawk for 16 years when he realized • that the other agency was a private organization and not a function of the state . He felt that it was open for competition and after 5 hard long years they were able to get an agency off the ground in the State of New York . They have 37 electrical inspectors working for them throughout New York State . The New York Board of Fire Underwriters were the only inspection agency for the State of New York for some 80 years , therefore , it is only common that you think of them . Very commonly as he did when he worked for Niagara Mohawk for the 12 of the 16 years that he was there , and they have done a great job . In getting approved in the state they have gone around and asked the biggest cities where they have worked if they would acknowledge them and they have had good luck in doing so . In this case , he had heard through the grapevine ; that the Town of Dryden , whom they have done a tremendous amout of work for in the last 5 years , that a code had been adopted which had named the New York Board of Fire Underwriters . He called NYSE&G and asked them where they stood and was told that they had received this local law from some source and it so states that you are no longer accepted by the Town of Dryden as an electrical inspection agency so they cannot connect service for us . This is what prompted him in . contacting Clint through this letter so that he could have the opportunity to speak to the board , and in the meantime- the state has not accepted this local law yet because of the wording , so now he has a better opportunity to speak . All he is asking for is the opportunity for the board to consider adding their name . Some of the cities a Y that have done this is Hornell , Bath , Onieda and Utica . It is a model ordinance and he is not here to run down the ordinance in anyway shape or form , but it is a great hurdle for them where they don ' t have the right to work . If you could give this - some thought ; and if there is a problem with our service or with our work in anyway he is the one that is responsible and he will do the very best he can to correct it . He feels that they have done the very best that they can and we have a local man represented , Mr Bowker in the Dryden area . He felt their service were compatiable and we are required as they are with the national electrical code standards . We have testing procedures that we must meet , and if the Town Board can give them a fair shake to offer their services . If there are any questions whatsoever he will be glad to answer them . Atty Perkins said that these changes are most easily accomplished by deleting Section 4 of the • existing portion of the language that says ; the Chief Inspector , and each of the duly appointed Inspectors of the New York . Board of Fire Underwriters and add instead , the Town Board of the Town of Dryden shall appoint by resolution one or more qualified Electrical Inspectors , who , upon their appointment are hereby authorized and deputized as agents of the Town of Dryden . Also , in Section 6 take out the language with the New York Board of Fire Underwriters and insert the language with the authorized and appointed Inspector of the Town of Dryden and in the second place delete by the New York Board of Fire Underwriters and insert by the Inspector . In Section 9 again take out the New York Board of Fire. Underwriters and insert , or the Inspector , and change the last word from Ordinance to local law . In effect what you would be doing is reserving to yourselves • the right to appoint qualified electrical inspectors by resolution of the Town Board and could be done every year at you Organizational meeting . Mr Hinkle said that they have to be approved by each individual utility company and if they would be dropped by NYSE&G you would hear from them with a 15 day notice . They would notify each of the townships that they were no longer acceptable , In some places they work directly with the building inspector and he usually requires a certificate for each job . Atty Perkins said what the board has done by resolution they can also undo by resolution . Supv Cotterill said that he had. spoken with NYSE&G and they have accepted both. New York Atlantic- Inland Inc . and the New York Board of Fire Underwriters and will continue in doing whatever the board would like . Closed public hearing : 7 : 50 PM TOWN BOARD MEETING September 8 , 1981 Minutes of the Town Board meeting held on the 8th of September Suptc Cotterill called the meeting to order at 7 : 50 PM Members and guests participated in the Pledge of Allegiance Roll call was by the Town Clerk : Present : Supv Cotterill , C1m• Webb , • Clm Tarr Clm Jordan , Atty Perkins and Z . D . Stewart . Absent : Clm Metzger • Supv Cotterill appointed Clm Tart to audit the Highway bills Approval of the minutes ; Motion was made by Clm Jordan and seconded by Clm Tarr that the minutes of the Special Meeting held on August 3rd be approved as submitted . Roll call vote - all voting Yes Motion was made by Clm Tarr and seconded by Clm Webb that the minutes of the Town Board meeting held on August 11th be approved as submitted . Roll call vote - all voting Yes • Motion was made by Clm Webb and seconded by Clm Jordan that the minutes of the two Public Hearings and Special Meeting held on August 17th be approved as submitted . Roll call vote - all voting Yes . COUNTY BRIEFING Co Rep Tillapaugh wanted to know if the Town Board members had any comments about the reapportionment in the town for the county board to consider . There are several options open , most everyone favors to • leave the town representatives as they are . . There was, some discussion • and was decided that this Town Board would back our County Representatives on whatever they decide . Also reported on the cross - town arterial highway . Right now the plan is for the southern end ( Rt 79 - Pine Tree Rd to Caldwell Rd ) to be built before the northern end ; about 2 : years , later . The residents in the Forest Home area are very concerned about this , to build one section of the highway and not finish the other section until a later date . The county is wondering where the money is going to come from and their proposal is that it might come from the towns . Before the county can make any definite plans they have to find out where the money is going to come from . Their proposal is that it will come from Cornell , Tompkins County , and the towns , with no specific designation has to how much will be expected from the towns or county . / • t, Co Rep Tillapaugh said that he would be very hesitant to commit himself on behalf of the Town of Dryden unless he knew how it was going to be financed and how much the Town Board would commit to the project . As far as he was concerned it will not happen within the next month but the board should be aware . Co Rep Tillapaugh wanted to know the boards ideas on this and if the town should discuss it more or hold a public hearing to let the public know what the plans are or should we wait until more plans are definitely made ? Supv Cotterill said that it should be turned over to our Town Planning Board . He thought . that Chairman , Barbara Caldwell is aware of the proposed plans , and let them do some detailed investigation and see what their recommendations are . Clm Webb wanted to know when the county has ever asked the towns to participate in building a county road before ? Supv Cotterill said that the town could . build a road for half of what the county • would ask the towns for . He would be glad to look at a proposed route to see if it was acceptable , but that doesn ' t indicate that we have any money to give them . Co Rep Tillapaugh said that it does because there are definite advantages to the residents in the Town of Dryden . Supv Cotterill said there is also definite advantages to the people in the Town of . Caroline and the Town of Danby and wanted to know if they were going to be asked for money also ? Co Rep Tillapaugh said yes , but what he is saying is that is what the proposal is , he is not sure what Cornell is going to do other that giving a right of way . He didn ' t want the committe to ask him what is the Town of Dryden going to do ? Will they commit themselves for this amount of money , will they okay the location of this highway ? He will have to tell that that the Town Board has not made a decision as of yet . He wanted to know when there is something going to happen does the board want to get more deeply involved ? Supv Cotterill said that if it is going to involvedthe town right now]; then we should become involved now . Clm Webb said before it gets his vote he will have to talk with our own road superintendent to see what it will do to our funds and our own roads first , because our roads should be kept in shape first . He felt that it was a county road and didn ' t care how the county planning board looks at it . If that road isn ' t for the support of the entire county than he didn ' t think that we should build it in the first place . That is why the road shouldn ' t be put down Pine Tree Rd in front of residents if you can get away from it . He felt it should be built entirely new from Rt 79 and keep it out in the country as far as you can . He felt that it should be a . . county project 100 . per cent . He didn ' t think the Town of Dryden residents will get ::anymore use out of it than the residents from Lansing or any other town . This is a county road from phase one and if they don ' t consider it that way , he knows it would have a long way to go before he would vote for financial support . Clm Jordan agreed with everything that Clm Webb had stated . Co Rep Tillapaugh said that has been his feeling and he wasn ' t going to commit the town because he didn ' t know where the money was going to come from . That has been his feeling , the town doesn ' t have the money and didn '. t feel that they should put any in because basically it is a county road . He will give the county this board ' s feelings on the matter . Supv Cotterill said that he had received a letter from Mr & Mrs Gerald Trumbull . They were very upset with their school taxes. , because the county assessors did not meet the schools deadline , or the school didn ' t wait for the assessors . They • are using last years tax roll on this years school taxes . They went and grieved because they felt their assessment was way out of line and they did receive a small reduction . Now the school tax bill came with last years assessement which was higher . They also brought out the point about senior citizens and people that signed up this year for the reduction in taxes which do not show up because they are using last years tax roll . Supv Cotterill said he was just bringing this to Co Rep Tillapaughs attention and felt that the citizens have a legitimate gripe because if the proposed tax roll was supposed to be finished in May and a finished tax roll in June or July , here in Sept we are getting a school tax bill based on the 1980 assessment . Last year they had to do a reassessment which was much greater and much later , but the school didn ' t have any problem in getting their books then . He thought it was something that Co Rep Tillapaugh should ask the assessors . Was it them or was it the schools decision ? Co Rep Tillapaugh said that he would find out , and if this only involved the Dryden School District . / /� ATTORNEY Reported that we have a new Local Law for the repair or removal of unsafe buildings and collapsed structures . Someone should introduce an ordinance at this time to repeal the existing ordinance . The original ordinance was . adopted 6 - 29- 76 and effective 7- 17- 76 . The only way that we ' can repeal that ordinance is to enact another ordinance repealing that ordinance. If something is done by ordinance it has to be repealed by an ordinance . . • ' - ORDINANCE _ - REPEAL OF ~. ORDINANCE 'F OF` . REMOVAL - OR `REPAIR , OF UNSAFE OR COLLAPSED BUILDINGS AND/OR STRUCTURES • Clm Tarr . introduced the folloring ordinance for the repeal of ordinance for removal or repair of unsafe buildings and/or structures : The Town Board of the Town of Dryden ordains and enacts as follows : Section 1 . The Town of Dryden ordinance for removal or repair of unsafe or collapsed buildings • and/or structures adopted by the Dryden Town Board on June 29 , 1976 and published July 7 , . 1976 , effective July 17 , 1976 , is hereby _ repealed . • Section 2 . This ordinance shall take effect immediately upon adoption and . publishing pursuant to Section 130 of the Town Law . 2nd Clm Webb Roll call vote - all voting YES Supv Cotterill scheduled a public hearing for the repeal of ordinance for removal or repair of unsafe or collapsed buildings and/or structures ' .at 7 : 30 PM on Oct 13th . Atfy Perkins reported that Oriole Drive Water Dist . needs a determination made as to the compliance with S . E . Q . R . He said as he understands it this a function of the Town Planning Board and what is in order is for this Town Board is . to pass a resolution designating the Town Planning Board as the lead agency for this project and to make the determinations required under • S . E . Q . R . • RESOLUTION. # 116 APPOINT TOWN .. PLANNING,. BOARD . AS. LEAD . . AGENCY FOR S . E . Q . R DETERMINATIONS. Clm Jordan offered the following resolution - and asked for its adoption : RESOLVED , that. this Town Board appoint the Dryden Town Planning Board as the lead agency for any S . E . Q . R determinations and for Oriole Drive Water . District . 2nd Clm Webb Roll call vote - all voting YES ' Atty Perkins said that if you so wish you can change your electrical inspection law with the changes that he stated . earlier in Section 4 ; 6 ; and 9 . Basically what they are is deleting references to the New York Board of Fire ' Underwriters and including a reference to the appointment of qualified electrical inspectors . Someone should introduce this as the new local law and schedule a public . hearing . The Town Board has been • requested to change what . the town has already done . We could , if . you were . not so inclined to simply reenact or readopt . it :_ with . the • minor technical language change the state . has requested . That not being the case and you, want to include other . qualified inspectors you will have . to, have this other local law introduced and it can be adopted after the next town . board meeting after you have your public hearing . You have to have a public hearing to adopt it with this wording , but you don ' t have to have a hearing to appoint the qualified electrical inspectors . The procedure to follow is that as soon aswe have ' a 'local law , the next town board meeting you will appoint qualified electrical inspectors and it should be • pointed out to . NYSE&G that we don 't have a local law . right . . Supv Cotterill said that he has already notified NYSE&G that the state has not recognized our local law yet and not to change their procedures until we have informed them of what we have done'. ' • • • . • • A . . . • • • • . . • • . • • • • • • • • • . • . • • . • . . • • . . , . , . . • • • • • • . • . . . . . . . • i ril C1m Webb made a motion to introduce the following proposed local law Section 1 -- TITLE. This local law shall be known as The Electrical Code of the Town of Dryden . Section 2 -- STATEMENT OF PURPOSE . Since there is danger to life and property inherent in the use of electrical energy , this local law is enacted to regulate the installation , alteration of wiring for electric light , heat or power and signal systems operating on Si:fty (50) volts or more , in or on all real property within the Town of Dryden , exclusive of the Villages of Dryden and Freeville . Section 3 -- NATIONAL CODE ADOPTED . All electrical installations heretofore ' mentioned shall be made in conformity with the requirements of the National Electrical ' iCode except where the provisions of this local law or any other local ordinance or building Code of the Town of Dryden shall differently prescribe , in which event " i+ompliance • with the provisions of such local law , Ordinance or &dlding Code shall • ' ' be redegnized as proper compliance with this local law . The requirements of the National Electrical Code shall be those known as National Fire Association Pamphlet 070 , as approved and adopted by the American Standards Association . Section 4 -- ELECTRICAL INSPECTOR . The Town Board of the Town of Dr b\ Resolution one or more qualified Electrical Inspectors, who, upon their appointment rea l I ebv - oaf i ppoi. ntment are herr� b � ac;rp , oRiZ& and deputized as agents of the Town of Dryden to make inspections and reinspectionS of all electrical installations heretofore and hereafter described , and to approve or disapprove the same . In no event , however , will the cost or expense of such inspections and reinspections be a charge against the Town of Dryden . Section 5 -- DUTIES OF THE ELECTRICAL INSPECTORS . (a ) It shall . be the duty of the Inspector to report in - writing to the Buildi „y I„spector or Zoning Enforcement Officer , whose duty it shall be to enforce all the provisions of this local law , all violations of or deviations from or omissions of the electrical provisions of the National Electrical Code , and of all local laws , local Ordinances , and Building Codes as referred to in this local law insofar as any of the same apply to edectr. ica1 wiring . The Inspector shall make inspections and reinspections of electrical installations in and on properties in the Town of Dryden upon the written request of an authorized official of the Town of Dryden or as herein provided . The inspecr-or- is authorized to make inspections and reinspections of electrical wiring installations , devices ,. appliances , and equipment , in and on properties within the -Town of Dryden where he deems it necessary for the protection of life and property . In the event • of an emergency it is the duty of the Inspector to make electrical inspections gpon the oral request of an official or officer of the Town of Dryden . �. (b) It �hcall be the duty of the Ins . . proper officials he of the Inspector to furnish written reports to the defective electrical - installations alyand equipmentsaredfoundeusonyinf poorer . He-er� shall authorize the issuing of a certificate of compliance when electrical ninstalC _ ations and equipment are in conformity with this local law . shall a copy of the certificate of compliance be sent to the Town ofeDryden torthe attention e of the Building Inspector or Zoning Enforcement Officer . Section 6 VIOLATIONS OF THE .LOCAL LAW. It shall be a violation of t4; • Local law for any parson , firm or cor � s or to alter electrical wiring for light ,raheat or install or cause to be installed , Town of Dryden until an application power in or on properties in Vie for inspection has been filed with the autharindaid of Pointed Inspector of the Town of Dryden . It shall be a violation of this local law for a person , firm or corporation to connect or cause to be connected electrical wiriin in or on properties for light , heat or � • power , to any source of electrical energy supply,, prior to the issuance of a temporary certificate , or a certificate of compliance , by the Inspector . • Section 7 -- PENALTY FOR VIOLATIONS . An shall violate an Any person , firm or corporation who - y of the provisions of this local law or any rule or regulation made pursuant thereto shall be guilty of a violation , and upon may be punished by a fine `of not more than one hundred 9 . 0 ) dollars , and on which such violation continues shall constitute aJseparatedoffense . an`I each Section a -- LOCAL MW NOT . APPLICABLE IN CERTAIN CASE'S . this Localraw• shall not apply to the electrical installati � The mines , ships , of railway Cars , autosative . ui ins in mines , ships , a railway , electrical or - communication utilitytinl the oexersizeuof�itt function by a utility , and located out doors or in buildings used its funnier os This Local Law ‘ sly j j not 9 ed excl usi ve. l y for that purpose . test or repair apply to any work involved in the manufacture , assembly , pair of electrical machinery , apparatus person , firm or corporation engaged in electrical � manufacturingdasyt1eirnprinc ipal business . It shall not apply y by the Government of the United States or State of New eYork leased an it en l: i r-ezc� shall dec apPlv to any construction unless a building hermit is required by the Town of Uryden , IC? . Section 9 - N OWAIVER OR ASSUMPTION OF LIABILITY . This local law shell zyct be construed to ! relieve from or lessen the responsibility f ant or - operating , controlling or installing any electrical �g , devices , appliza4c9s , c equipment for loss of life or damage to person or property caused by and defect . therein , nor shall : the Town of Dryden or the Inspector deemed to have assumed any such liability by reason of any inspection made purSuan/ t to this local law . • Section 10 , • - SEPARABILITY CL1USE . If an part or y P provision of this local Jai./ or the application thereof to any person or circumstance be adjudged invalid by ant • court of competent jurisdiction , such judgment shall be confined in Its operat / on to the part or provision or application directly involved in the controversy in wh ;dh such judgment shafl have been rendered and shall not affect or impair the validity of the remainder of this local law or the application thereof to other persons• oar-• circumstances and the Town Board of the Town of Dryden hereby declares that rt : u / d have passed this 10041 law or the remainder thereof had such invalid application or- invalid provision been apparent . Section 11PFpjjNC PROVISIONS . All local law and parts of local laws or local Ordinances inconsistent with this local law are hereby repealed . Section• 12 EFFECTIVE DATE . This local law shall take effect immediately - . . . upon its approval and filing in the manner so provided by law . • � ' 2nd Clm Jordan Roll call vote - all voting Yes • Supv Cotterill scheduled' a public hearing for a proposed local law concerning an electrical code on October 13th at 7 : 45 PM Clm Webb said that sometime- ago Atty Perkins had given the board members a proposed ordinance' concerning rock festivals and was wondering if we should do something about it . Atty Perkins said that no one has introduced it as a local law yet . There was some discussion and was decided that Atty Perkins . will have something for the board members to look at before the next board meeting and at that time they can introduce a local law and schedule a public hearing . • ZONING OFFICER • • 8 building permits were issued for the month of August . 2 one- family dwellings ; 3 additions ; 2 mobile homes and 1 garage . ZBOA held one hearing for an area variance foe Sharon , Gwi' lt . and this was denied . Robert Keech disqualified himself from the board. , since he was selling the property and also the builder . • CORRESPONDENCE , ° • • Annual report from . Neptune Fire Dept ; SPCA monthly report • • • Waiver from Board of' Elections , . Letter from Dept of State re ; building and fire code Letter from Town of Ithaca re : Wastewater Treatment Project . Supv Cotterill appointed C1m • Metzger as the towns representative Letter from Board of Reps re : support of 3 sewer projects . . Letter from Dept of Motor 'Vehicles re : junk yards Highway annual inventory and list of roads to be worked on . • Ambulance report . . RESOLUTION # 117 DRYDEN KIDDS INC . • NYS DIVISION FOR YOUTH ' .: . Clm Tarr offered the following resolution and asked for its adoption : RESOLVED , that the Dryden Kidds , Inc . contribute $ 4 , 000 . 00 to the Town of Dryden for all eligible bills . which are submitted to the NYS Division for Youth . 2nd Clm Jordan • ' Roll call vote .- all voting YES • • • • RESOLUTION # 118 GRANT SPECIAL PERMIT - Richard Dayton Clm Webb offered• the following resolution and asked for its adoption : I• RESOLVED , that this Town Board grant a Special Permit to Richard Dayton with the • following stipulations : ' 1 - that this special permit is limited for his use only and is not transferable ; 2 - that the hours be set at 7 : 00 AM to 6 : 00 PM Monday thru Saturday and no hours on Sunday ; 3- a maixmum of 8 cars being worked on or waiting to be worked on outside of the body shop at any one time ; 4 - all materials and parts for , the. use of the body shop be stored inside the building at all times . 2nd Clm Jordan • . ' • Roll call vote = all voting YES • • /l7 Justice Reports Judge Sweetland - $ 2506 . 00 Judge Newhart - $ 780 . 00 Financial Report Revenues Expenses General Fund A $4541 . 08 $ 16358 . 93 General Fund B 728 . 20 _ 55846 . 62 Elire Protection District 532 . 90 - 0 . Federal Revenue Sharing 336 . 19 30151 . 27 Highway ' , , 59872 . 78 ' 97208 : 62 RESOLUTION # 119 AUDIT GENERAL FUND BILLS Clm Jordan offered the following resolution and asked for its adoption : RESOLVED , that the general fund bills be paid as audited . ' 2nd Clm Tarr Roll call vote - all voting . YES L 3 r RESOLUTION # 120 AUDIT HIGHWAY BILLS ‘ if c . Clm Webb offered the following resolution and asked for its adoption : • RESOLVED , that the highway bills be paid as audited . 2nd Clm Tarr Roll call vote - all voting YES • - OLD BUSINESS Atty Perkins will set up a meeting with American Comm . •,Cablevision , Clm Tarr and Clm Jordan to discuss - the franchise . NEW BUSINESS Supv Cotterill scheduled a proposed use FRS hearing on Sept 29th at 7 : 30 PM Adjourned.: 9 : 15 PM • Aglak)%0-9L4-• ir Susanne Lloyd / Town Clerk PUBLIC HEARING September 29 , 1981 PROPOSED USE HEARING FEDERAL REVENUE SHARING Minutes of the public hearing held on September 29th commencing at 7 : 30PM Present : Supv Cotterill , Clm Tarr , Clm Webb , Clm Jordan and Clm Metzger . Absent : Atty Perkins • Supv Cotterill read the notice that was published in the newspaper for the purpose of a proposed use of Federal Revenue Sharing monies . QUESTIONS AND/OR COMMENTS Supv Cotterill said that there is a request from Hwy Supt Humphrey for $ 42 , 900 . 00 for repairs and improvements , and $ 30 , 000 . 00 for machinery to the Highway Fund . There was also a request for $100 . 00 for Administration from FRS for a total of $ 73 , 000 . 00 . Supv Cotterill reported that earlier in the year he had received a letter from the Gadabout Bus transportation suggesting that the Town of Dryden contribute something . • There was some discussion and it was decided that they didn ' t want to ignore it . completely because there are people in the town that use it and the board would like to wait until there was more information available . . Closed public hearing 8 : 00 PM ,,Atiaas,A-4-, Or I ' Susanne Lloyd Town Clerk / ' PUBLIC HEARING #1 October 13 , 1981 PROPOSED ORDINANCE REPEALING THE EXISTING ORDINANCE PROVIDING FOR THE REMOVAL OR REPAIR OF UNSAFE OR COLLAPSED BUILDINGS AND/OR STRUCTURES Minutes of public hearing #1 commencing at 7 : 30 PM Present : Supv Cotterill , Clm Webb , Clm Jordan , Atty Perkins and Z . O . Stewart Absent : Clm Tarr and Clm Metzger Supv Cotterill read the notice that was published in the newspaper concerning the repeal of an existing ordinance providing for the removal or repair of unsafe or collapsed buildings and or structures . QUESTIONS AND/OR COMMENTS Atty Perkins reported that we have an ordinance and a local law on our books providing • for the removal or repair of unsafe or collapsed buildings and/or structures . We have enacted within the last year a local law having to do with the removal of collapsed buildings . We did this to conform with new amendments with the Town Law and also to have a more strict enforcement of our provisions . In order to repeal the existing ordinance , which the local law takes the place of , we have to enact another ordinance repealing it . All this ordinance would to would abolish the ordinance which was adopted 6- 29- 76 and became effective 7 - 17- 76 . We don ' t need two on the books and the intent is to proceed under the provisions of the local law . To enact the ordinance it will take a roll call vote of the board members . The ordinance will have to be published and will become effective 10 days after it is published . Closed public hearing 7 : 40 PM PUBLIC HEARING # 2 PROPOSED LOCAL LAW # 3 ELECTRICAL CODE FOR THE TOWN OF DRYDEN Minutes of public hearing # 2 commencing at 7 : 45 PM Supv Cotterill read the notice that was published in the newspaper concerning a proposed local law adopting an " Electrical Code for the Town of Dryden . QUESTIONS AND/OR COMMENTS Atty Perkins reported that the proposed local law in its present form does not limit the qualifications of the inspector under our proposed electrical code to the New York Board of Fire Underwriters . It opens that avenue up so that this board by resolution can appoint one or more qualified electrical inspectors , who by their appointment are deputized and authorized as agents of the town to make inspections contemplated in the ordinance . This is an administrative change in the proposal so that anyone who the town board feels qualified could be appointed as an agent or a deputy of the town to make an inspection , which could be the New York Board of Fire Underwriters and New York Atlantic Inland Inc . This would not tie us directly to the New York Board of Fire Underwriters . It would enable this board to make a. decision at any time after the enactment of the local law who would be the authorized agent or agents . In other words if there were more than 2 groups , the New York Board of Fire Underwriters and New York Atlantic Inland Inc this board could by resolution appoint a third or fourth authorized agent to make the inspection . Anyone that is appointed by resolution can be removed by resolution . This is the only difference . Supv Cotterill wanted to know if they were appointed by resolution , does this have to be done every year ? ? Atty Perkins said no it is binding until something has to be changed . Mr Harold Case wanted to know if he decided to change the wiring in his house , which has been there for many years , would he need a licensed electrician ? Atty Perkins said no he would not need a licensed electrician to change the wiring in his house . If \you need a building permit to change your wiring or to do your work that yow : must get it inspected / but if you are qualified to do it yourself you don ' t need an electrician or anybody else . This does not mandate a licensed electrician . There is no license provision in the Town of Dryden . Mr Russell Hendrick said he was a little confused as to why , since he has a copy of the local law , he thought that it was the local law that was already approved . Atty Perkins said that this Town Board adopted Local Law # 3 for 1981 and it named the chief inspector and in each of the duly authorized inspectors as the New York Board of Fire Underwriters as deputized agents of the town to make inspections . The Secretary of State sent back our local law for some technical corrections , so therefore it had not been enacted , and someone from your office took the liberty of sending that on to New York State Electric and Gas irriforming them that the New York Board of Fire Underwriters was the authorized and deputized agent even before the local law was enacted . Mr Hendrick said that they didn ' t do that . Atty Perkins said that someone from their office did and he didn ' t say who did it , but somebody did it% When : this was brought to our attention , New York Atlantic Inland Inc said that they are also authorized by NYSE&G and Niagara Mohawk to make these inspections and wanted this board to consider ammending the local law to include other qualified inspectors , and of course at this time we had received word back from the Secretary of State that there were technical corrections to be made which have been incorporated here by authorizing this board to name the authorized agent . He couldn ' t speak for the town board , but would expect that they would by resolution appoint the New York Board 'of Fire Underwriters and New York Atlantic Inland Inc as authorized agents for the town in this particular circumstance . But the intent as he understands it , of the board and the way that the new local law is drafted is not to limit it or monopolize it to the New York Board of Fire Underwriters . Mr Hendrick wanted to know if you could go further in this local law to determine that if they as representatives of the New York Board of Fire Underwriters make an inspection that violate a job and the person doesn ' t like our report , they file with the other agency and come in and get approved with the other agency . This is happening in many • cases and it is a problem and he felt that the town will have to go further with this local law if you name an inspection agency , that you should have some overlapping clauses so that when one agency is on a job the other agency can ' t go on it , unless requested by a municipal official . This is a big problem where there are dual agencies . Atty Perkins felt that one of the built in safe guards here is that when you make an inspection you are supposed to give a report to the building inspector . The building inspector in his administrative function is going to be aware of different reports coming in . He does not have to issue a certificate of occupancy is there is a question in his mind about whether or not the provisions of this electrical code are met , and felt that this is an internal thing from the town . Mr Hendrick said that it is a problem and without legislation it is unenforceable . It has proved itself in many municipalities . Supv Cotterill wanted to know if the power company had any control over the type of problem that is happening now with dual agencies ? Mr Hendrick said no , for instance an owner builds a new house , and the owner applicant is doing his own work where there. is no license required in the Town of Dryden , and they check the service and the rough in of the house , they find that everything alright at that stage , so they issue them a temporary cut in card and utility . They get cut in so they have power , the only way you are going to get him off from power is a local official from the fire department saying to cut him off , or for nonpayment of bill . He can sit there with unsafe conditions from that point on . This happens with 5 percent of the total applications that are handled in their office , in unlicensed areas . They void those applications for non- compliance . We issue them a permit card for the cut in but from that point on it is in non- compliance , and they can not certify it . They go back for violations and they are notified 3 times , as a last resort they notify the municipality officials . Atty Perkins said that in our ordinance no person shall occupy a dwelling unless a certificate of occupancy has been issued . The Zoning Officer will not issue a CO without a report from you , wouldn ' t that solve the problem? Mr Hendrick said up to a point . For instance a new owner is building his own house and he gets it to a stage to where he can move in , he doesn ' t have to have it completed to move in . He is moved in and he is occupying it , now he has electrical violations because he doesn ' t comply . Atty Perkins wanted to know what if our zoning ordinance says you shall not occupy a dwelling without a certificate or any constructions that require a building permit where you shall not occupy it without the filed certificate , . would this solve the problem ? We may have to add something to our zoning ordinance , this is what he is trying to get at . • Mr Hendrick felt that there should be something in the local law to overlap that if you have one inspection agency doing a job , another one can not come in and finish and have the application filed by the other agency , so that you will not have agencies fighting against or competing against on another on a job . Other municipalities have overlapping clauses where one agency is involved another agency can not go on that job . Atty Perkins felt that it should be left up to the discretion of the building inspector . Z . O . Stewart wanted to know if he should decide over one inspector from another inspector ? Atty Perkins said only in a situation where you have a report from one inspector that there is a violation and you receive a valid report on the same report from another agency that it has now passed inspection . It will be up to you to see why and what was failed , to make sure that it actually has been corrected . Closed public hearing : 8 : 00 PM