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HomeMy WebLinkAbout1988-10-11 / 0 (0 TOWN BOARD MEETING O CTOBER 11 , 1988 S . Supv Cotterill called the meeting to order at 7 : 00PM Members and guests participated in the Pledge of Allegiance Roll call was by the Town Clerk : Present : Supv Cotterill , Clm Hatfield , Clm Garlock , Clm Evans , Atty Perkins and Z . O . Slater Absent : Clm Garlock S upv Cotterill appointed Clm Crawford to audit the Hwy fund bills APPROVAL OF MINIJTES : Motion was made by Clm Hatfield and seconded by Clm Crawford that the minutes of the Board meeting held Sept 13th and special meeting held Sept 26th be approved as submitted . S ITE PLAN REVIEW • O CTOBER 119 1988 WILCOX PRESS S upv Cotterill read the notice that was published in the newspaper to consider the application received from Trowbridge and Trowbridge Landscape Architects representing Wilcox Press Inc to erect a structure to house a printing business , warehouse and offices on Hall Rd . K athy Wolf , representing Trowbridge & Trowbridge went over the plans and design . The entire proposal is consistent with the current zoning . The proposed building will be 140 , 000 sq ft , ( 20 , 000 sq ft for office space , 309000 sq ft for warehouse , 40 , 000 sq ft for printing and 509000 sq ft for binding ) there is also an o utline of a Phase II building to be built about 1995 . They are o nly asking approval for the Phase I building . Phase II will also be consistent with al 1 zoning regulat ions . There would be 2 e ntrances off Hall Rd . The existing zoning requires 280 parking spaces and this is what is shown , but they would like to go to the ZBOA for a variance for fewer parking spaces since there would be far fewer employees , because this is not a commercial business . Wilcox Press employees 120 people which is spread out over three shifts , and with the new facilities they would employ an additional 40 to 60 people phased in over the next five years . They have talked with NYSDOT about the traffic and there is planning now to reconstruct Rt 13 . There is also the question about site drainage . There was considerable discussion and they plan to maintain the e xisting drainage pattern with a number of culverts and possible larger culverts going under Hall Rd . There will be catch basins under the parking lot which will help the drainage situation . There is a DEC permit required for this facility before they can open for business . DEC would monitor them about 3 or 4 times- a year to make sure that the operation is in compliance . Wilcox would have to ® reapply for the permit periodically . They print magazines , publications and catalogs , bind there and mail them out . The site is currently served by gas and electric , sewer and water is not available at the present time . Wilcox Press is ion currently talking to the Town of Dryden about the possibility of e xtending sewer and water . Wilcox would be responsible to pay for • the extension since the Town is not considering this as part of the d istrict at the present time . There also is consideration of locating a pump station on the property in the event that Dryden wanted to extend water and sewer along the railroad r -- o-- w . Clrn Evans - was concerned about the odor from the present Wilcox P ress and wondered if this would also have the same ? K athy Wolf - she has discussed this with DEC and the engineers who are working on the design of the system . This is a new state of the art equipment which is 99 percent efficient , so that there will be little to no odor . She would net a list of places where this type of system is in use for C1m Evans . L uc S �� , Lucia ci ire , 4 Hall Woods Rd - wanted to know about the plans for w ater and sewer going along the railroad bed ? Supv Cotterill - they did not anticipate any change to the railroad bed except to put the lines there . If there had to be culverts put in they would make sure they would be the right size and everything would be graded and would be put back in shape as original . D avid .:Jones , 4 Hall Woods Rd - was concerned about the drainage u nder the railroad bed and the existing swale along the road . A lot o f that swale is non existence and needs a lot of work dome . There 411 are 2 culverts under Hall Rd and 2 swales across private property . If you increase the drainage you are also going to increase flow in the swales , so they were worried about flooding . K athy Wolf - part of the engineering will have to be to determine e xactly what the runoff will be and putting in the right size culverts and swale . Iris Goldfarb , Hall Woods Rd was also concerned about their property being flooded , and to make sure that the drainage was done adequately . She was also concerned about traffic congestion at Rt 13 and Hall Rd . She wanted to know if detailed plans were available for upgrading Rt 13 ? S upv Cotterill e there will be plans at the Town Hall when they become available . C1m Crawford - wondered about the 5 tons of waste material a month ? K athy Wolf - there are 3 solid waste items . le paper that is not u sed , is sold and picked up once a week ; 2 - drums that ink comes in is picked up once a month and taken back to the plant to be refilled and 3 - is just normal business refuse . Ted Marched / was concerned about emission from the smoke stack . He was also concerned about the legal r - c -' w that he has to the back side of his property . He wanted to make sure that it was still accessible after they are finished with the construction , grading and landscaping . He wants to make sure that the pr- ade is not increased where he has his legal r ' ':;' - w so that he would not be able to use it . Kathy Wolf - if tllev- E is a legal r - o -- w she was sure that Wilcox P ress would work with him and remake sure that it is not violated . Chris 0 , Conner , Varna Fire 0hief - was concerned about a sprinkler system being installed and that there is accessibility to and around the building for all of the fire trucks that would be needed . K athy Wolf - said that they would be willing to set up a meeting s } that this can he reviewed . The Town Board tabled decision PUBLIC HHAHIHH OCTOBER 10 , 19tH HEATH t SACK Hupr Cotterill read the notice that was published in the newspaper to consider the application of David Heath and Wolfgang Sack to e stablish e retail quilt shop in an existing structure at 9E0 Dryden Rd . • HHHhTTHHS AIdWfOR COMMENTS D avid Heath -' presented the Board members with e sketch and plan of their proposal . There was considerable discussion about the parking facilities . He had planned for 9 spaces in relation to the eq footage with regard to the zoning regulations . If he did not use o ne room he could use H parking spaces . They plan on having quilt supplies and giving lessors certain nights . They would like to approach the ZHWH for a variance for the relief of parking spaces . Catherine Brown � was concerned about the parking on Freese Rd and where the sin is at the coiner of Freese Rd and Dryden Rd . There was some discussion about- the sign and where he wanted to mount it near; the road . This does not comply with the town zoning ordinance no he would have to make other arrangements . Closed public hearing bin Evans was in favor of the business but he had troubl parking area a with the / 0 Motion was made by Clm Evans and seconded by Clm Crawford that the special permit be granted with the following conditions ; 1 -- limit the use to downstairs for the present time ; 2 - with provisions to move parking space *2 and # 3 back and rotate the handicapped area for better access to fit 366 ( as shown in sketch ) ; 3- that this permit is not transferable by sale or leases 4 - that this meets all zoning requirements ; S - that a fire safety inspection be preformed prior to any occupancy of the structure and certified by the building inspector ; 6 - Hours S : 3QMM to 4 : 3OPM Therm was more discussion regarding hours and Clm Evans withdrew his motion . RESOLUTION�UTION # 17.7 GRANT SPECIAL. PERMIT LILPTH_ & DRYDENIED Film Crawford offered the followiff resolution and eked for its adoption : RESOLVED , that this Town Soard grant a special permit to Heath and S ack to establish a retail quilt shop at 980 Dryden Rd with the following conditions : 1 - limit the use to the downstairs area only dare to off- street parking compliance , . until such time a variance might he obtained ; 0- with provisions to move parking space *a and by back and rotate the handicapped area for better access to fit 366 ( as shown on sketch ) ; 3 - that this permit is not transferable by sale or lease ; 4 - that this meets all zoning requirements ; 0- that a fire safety inspection be preformed priors to any occupancy of the structure and certified by the building inspector ; 0 - Hours 5 : 30AM to 1hzbhbM six days a week Monday they Saturday 2nd Clm Hatfield Roll call vote -4 all voting Yes COUNTY BRIEFING - Clm Evans reported that there will be a stop sign installed at the intersection of Lower Creek Rd and Heoshaw Rd . CITIZEN) PRIVILEGE OF THE FLOOR L orraine Bard , Dog Control Officer I-- gave the Board members e contract for dog control . She came to answer any questions that the Board members or any citizen might have . She was concerned about her job and was wondering if it was money wise or dissatisfaction • and why there was a problem with her job being on the lire _ Clm Evans - the issue is that a group of people in the Town of Dryden want the SPCA to do this ,job . This is more the issue than money , and this is one thing that he will have to consider . He is personally satisfied with the work that is being done now . L orraine Bard - wanted to know the reason from the group for wanting to go back to the SPCA . She has not received any complaints from the Town SrFrv , Town Clerk , Town Justices or Sheriff ' s Dept . She has worked with many people who hares . corr p l a i ned including Mrs . Brown and to her knowledge has solved her problem. Everyone she has talked t o has been satisfied with her performance in her job . • / / 0 S upv Cotterill - he was the one who solicited Lorraine ' s services when the SPCA priced the Town right out of the market , from about $ 10 , 000 to $ 201000 . This is the reason for Lorraine being dog warden because the Town was in a very serious situation . He is very h appy with the job she has done . He has checked with the Town I Clerk , Town Justices and the villages and he has yet to find a complaint . If he had heard one she would be the first one to hear it . He felt that it wasn ' t complaints but people feel justified to ask the Town to go back to the SPCA . He has checked with the Town Clerk and gone over the records and there have been fewer complaints now than when the Town was with the SPCA , Catherine Brown - she has no complaints with the service , except that she is so far away . She is just one person so that when you call if she isn ' t there y ':I 'a get her answering machine , but she does ' call back as soon as she care . The SPCA has a full time answering service . They have connections with the radio . They have a much better facility . She went out to look at Lorraine ' s facility when she first took over the contract with Dryden because she wanted to see if her dog was even lost , she wanted to see where it would go and how it would be taken care of . She compared it with the SPCA and there is just no comparison . She understood that if Lorraine got her 4 contracts over the three years she was going to upgrade her facility{ considerable . She has not been out there this year but w as out therm last year and could not see any great improvement . I f I the members of the board would go and compare the SPCA and Lorraine ' s place as to where and how the animals are kept , how many people are on call they would see that t her°e is no comparison , if the price is somewhat comparable . She agrees with bupv Cotterill that you can ' t pay} double . As a former director of the SPCA did try to tell there what the town needed . Time , have changed with the SPCA and they are realistic about what the town warts and what it is w orth to the people in the town . She thinks that it is to bad for the people i. r, the Town of Dryden , try call or Y go all of the way out to Danby when there is a problem . Even after 3 years people still think that the SPCA is the dog warden . She lives 1 / a mile from the SPCA so that if a stray dog comes to her place she has to try and punt it on a lease and then call Lorraine , or take it out to her facility , she just can ' t take it to the SPCA which is 1 / 2 mile away this does not make sense . Pamir St tnebr; tiakcr , Director of the SPCA - was here if there were any questions that she could . answer about their contract . P eggy Walbridge , Ellis Ho11ow Rd - she has heard from a number of people that are dissatisfied by the amount of time and the distance having to deal with the dog warden not in the Town of Dryden because the SPCA is much closer . Since the prices are comparable it does matter that people receive prompt service and that they don ' t have to drive all the way} to Danby . She is surprised that you haven ' t heard anything from the courts , because she knows someone specifical, 1y who dealt with a dangerous dog in eating up the pets ' of the neighbors and did go to court . It Was a very unpleasant situation and this, was related as how to control the dog in iff question . This is somewhat resolved ,, but has heard that people who feel that the service would be better if it was closer . Lorraine - the only thing she can compare the distance to is the S PCA is located in Dryden , but have the contract in Ulysses and some of there officers who would be on call live father away than she does ( 1 lives in Trurnansburrtg and 1 lives in Newfield ) so you would have emergency service further than she lives . She comes as quickly as she can and does wear a beeper 24 hours a day and is on call . The answering service on when she is out . She does listen w hen she gets back in to return the call „ With the SPCA Y oru can o nly call until 4130 PM on Sat _ After; that there is no way to reach the SPCA , because she receives calls asking her to contact the SPCA sr that on a Saturday night they could find out if their dog is there . She will get to any of her phone calls within at least S hours . She is the one who answers the phone and goes en the calls and deals with the problem dogs and complainant Catherine Brown wanted to know about the dogs that are disposed of or adopted out . Do you require before the dog is let out that they be spayed or neutered ? The SPCf dues require this and it does help the solution of a lot of unwanted dogs . This is important to t he dog control effort . The SPCA does have to cover the Town of D ryden for animal emergencies and they are the only ones that deal w ith the cat problems . Lorraine -- agreed that spaying and neutering is very important and she is working on this with a group of people . It is a nonprofit group to provide some type of low cost spay and neuter service . The j State does not require that they have to he spayed or neutered but she does strongly recommend it when they leave her place . She very seldom receives litters of puppies back . She is trying tci get the same services that the SPCA gets from Cornell for spaying and n eutering . Catherine frown - the SPCA does have a spaying and neutering program and the Finger Lakes Kennel Club has given them $ 600 . 00 toward the cost of that and the people want this kind of control at the source . L orraine - she would love to be the dog warden . She enjoys this town and the people in it She did not solicit herself for the service in this town . She was approached by the Town Supv of 4 different towns to help there out because they were in a bind , and she has accepted them = I f it does go back to the SPCA she hopes that the towns don ' t get stabbed in the back again , and she hopes that through a little competition , which she has provided , they have learned a lesson . Az far as her facilities , she knows that there is no c; Ornpariscin ., The dogs are very well fed , and watered . She does not have tawny places which are heated , but they are in ✓ ery deep straw , She does pass all the requirements when the state inspector comes . She takes the dogs for walks , and does do training with them and keeps them for a to 3 months if their t era perarnent seems good . She adopts them out the best she can and is on the // Z- ✓ adio twice a week to report all lost , and found dogs and dogs for adoption . She is in the Grapevine and the Penrrysaver . She is not h ere to destroy the SPCA . She felt that they are a much needed organization because they do cruelty and abuse which she is not allowed to do . They do not do emergency service in the 4 towns that she services . If there is an injured animal in any town she will go because she cares for animals . They are hired by the County to do cats , bats , livestock and within the bylaws cruelty and abuse , w hich you have to be a peace officer . She does cooperate with the SPCA on abuse cases . S upv Cotteri l l - thanked her for her comments and for helping the town out when they were in a bind . D iscussion regarding Site Plan Review hearing ; Atty Perkins - the Town Board wi 11 have to make a determination u nder SEOR Act . SEAR determines that this is a Type I action and does not involve a federal agency . It is a Type I action because it involves physical alteration of more than 10 acres of land and because it is in a town of less than 150 , 000 populat ion . It involves the approval of the construction of the facility with more than 100 , 000 sq ft of gross floor area . Whether or not a short or long environmental assessment form would be required . Part I of the long form has been filled out and attached to and part of the application has been prepared by the projects sponsor . Part II decision has to be made by the Lead Agency . If it is determined ® that there are any impacts or potentially large impacts in the Part II EAF then you must complete Part III which helps to determine the impacts that are significant or could be significant . Since this involves more than one agency , the Lead Agency has to be determined and agreed upon between the Town and DEC . You can ' t make a determination until that happens . A resolution has to be passed that this action is subject to SEQR , that it does not involve a federal agency , that it involves another agency to wit NYSDEC , that it is a Type 1 action , that o full env i ronment a l assessment form w i l l be required , Part I and Part II and that you should take such action that you deem necessary to determine that the Town will be the Lead Agency . Once everything has been coordinated with DEC and that the Town will be the Lead Agency then you can make a determination of significant in connection with the criteria . You w ill need a resolution of all of the things that I have indicated and authorizing the Town to mail a copy of the EAF Part I copy together, with a copy of their application to DEC and ask them to consent to the Town of Dryden as being the Lead Agency so that the determination can be made . S ITE PLAN REVIEW _PCTION' Motion was made by Clm Evans and seconded by Clrn Crawford that the application of Wilcox Press be accepted with the conditions that 1 -- this action is subject to SEOR ; S - no federal agency is involved ; DEC is involved as an agency ; 4 - this is a Type I ® action ; Vii - a full EAF will be required ; and 6 - coordinated review with the Town of Dryden as being the Lead Agency with DEC . Roll call vote - all voting Yes r -.".�. a a I i RESOLUTION # 178 . 1988 SITE PLAN APPROVAL FOR WILCOX PRESS , INC . Councilman Evans offered the following resolution and asked for its adoption : RESOLVED , that the Site Plan Review Board of the Town of Dryden grant site plan approval to the , application of Wilcox Press , Inc . for the proposed project and facility near the intersection of Hall Road and New York State Route 13 on the following conditions : 1 . That the project meet all requirements of the Town of Dryden Zoning Ordinance and other town ordinances and local laws and other applicable laws , rules , regulations , including but not limited to provisions with respect to lot coverage , parking , and buffer plantings to be made between the project and residential areas along Hall Woods Road . 2 . That the project be constructed and built according to the plans presented to the Site Plan Review Board by Trowbridge and Trowbridge and dated September 21 , 1988 . 3 . That the railroad berm to the north and northwest of the project not be disturbed during or after ® construction . 4 . The law of Flood Water and Drainage falling o n the site be detained on the site according to ' the Trowbridge presentation by the construction and maintenance o f a detention pond and that the rate of discharge of water from the site not be increased during or after construction . 5 . That a plan of control of erosion and flood water during construction be prepared by either the Soil Conservation Service or a licensed landscape architect and that the plan be submitted to the Site Plan Review ° Board for approval prior to construction . 6 . That a landscape plan be prepared by a licensed landscape architect or other qualified individual pursuant to the Town of Dryden Zoning Ordinance Section 2302 . 4 ( 7 ) and ( 9 ) for a buffer zone of plantings along Hall Woods Road and that such plan submitted to the Site Plan Review Board be approved prior to construction and that the plan be implemented prior to the issuance of a certificate o f occupancy . . tr 7 . That with respect to the emissions and odors from the project and the air quality issue , the plant shall use a thermal incineration system , which as ® represented by the developer , has a 99 % efficiency and which meets or exceeds New York State Department Evironmental Conservation requirements and that in the event of a failure of the system that there be an orderly shutdown , an alarm, and that the Town of Dryden be notified ( consistent with New York State Department of Environmental Conservation regulations which require notice ) in the event of such failures . 8 . That all other required permits from any agency have jurisdiction over the project be acquired prior to construction . 9 . That the developer execute an agreement with the Town of Dryden to provide for the construction by the developer of water and sewer facilities for the project according to Town of Dryden specifications , such agreement to approved by the Town Board . 10 . That no Certificate of Occupancy for the project be issued until all of the requirements of the site plan approval and the conditions herein stated are met . Second : Councilman Crawford . Roll call vote - all voting Yes 43 i I RESOLUTION 1k178 WILCOX PRESS I , III Clm Evans offered the following resolution and asked for its adoption : RESOLVED , that this Town Board accept the application of Wilcox Press with the following conditions : 1 - this action is subject to I SEOR ; 2 - no federal agency is involved ; 3 - DEC is involved as an agency ; 4 - this is a Type I action ; 5-- a full EAF will be required ; and 6 - coordinated review with the Town of Dryden as being the Lead Agency with DEC . 2nd Clm Crawford Roll call vote - all voting Yes f tty Perkins - said that he would send the letter to DEC requesting that the Town of Dryden be the Lead Agency . DEC has to respond w ithin 30 days . When the Lead Agency has been agreed upon the Lead Agency shall determine the significance within 20 calendar days of its establishment as a Lead Agency . Randy Harmon , member of the IDA - felt that it was important for this project to get started to move some land around before winter sets in , and hopes that the Board will move with sufficient speed to accommodate them . CITIZEN PRIVILEGE OF THE FLOOR J anet Graham -- was concerned about the situation with traffic on Route 13 and wanted to know what the Board has Boone , what are you ® doing and what do you plan to do to insure traffic safety on Pt 13 between the Village of Dryden and NYSE & and Rt 366 S upv Cotterill - has met with the State almost every month trying to get them to widen the road , make turn off lanes at intersections , set the poles back to make the road safe . There have been petitions sent to the County and State asking to make the road safe . The fire and ambulance companies also has written to ask that the roads be made safe . The only response that we have received is that they have to plans to do anything for the time beings We have spoken with Jim Seward and Sam MacNeil to put pressure on them . Janet Graham - felt that for the present time there should be a ✓ eduction in speed which might be helpful . COUNCILMAN PRIVILEGE OF THE FLOOR RESOLUTION _ * 1;79 QQG_ CUNIRAOT Clm Crawford offered the following resolution and asked for its adoption : RESOLVED , that the Town Board request that both Lorraine Bard and the Tompkins County SPCA present specific proposals to provide dog control services including sheltering possibilities for the Town of Dryden, for each of the calendar years 1989 , 1990 and 1991 . These proposals should enumerate specific aspects of their proposed services and the annual costs and should be received by the Town on o r before October 24th 1988 . 2nd Clm Evans Roll call vote - all voting Yes " V i S upv Cot t er i 1 1 -.- was in favor of a three year contract . If you change our situation now which is very satisfactory , and then get ® caught with a big increase over the next two years if we go with someone else is not very good judgement . ATTORNEY Atty Perkins •° the Town Board authorized him to contact Atty Mulvey in connection with some special services to be rendered for eminent d omain matters . We need authorization for the Town Supv to sign a letter agreement reflecting the terms of compensation . RESOLUTION if 180 AUTHORIZATION LETTER Clm Evans offered the following resolution and asked for its adoption : RESOLVED , that this Towr, Board authorize Supv Cotterill to sign a letter agreement for a retainer for Atty Mulvey for service ✓ endered . 2nd Clm Crawford Roll call vote - all voting Yes S everal matters for executive session . RESOLUTION * 181 HIRE APPRAISER Clm Evans offered the following resolution and asked for its adopt ion : • RESOLVED , that this Town Board authorize Fatty Perkins to hire an appraiser regarding the eminent domain procedure not to exceed $ 40 . 00 per hour . 2nd Clm Hatfield Roll call vote - all voting Yes Atty Perkins - reported that the state audit was recently critical ✓ f three different aspects of town government . His review of the state audit found that much of the criticism was unfounded and inaccurate , including the report that there was no material ✓ epresentation with respect to town litigation in which the town was involved with . He sent a copy of the letter to the Town Board members in which he responded to the state including a copy of the letter given to them for their 198E audit . The agreement with ✓ espect to highway funds , he has prepared an agreement and has ✓ eviewed it with Hwy Supt Gilbert who will begin using it in the year 1989 . It requires under Section 284 of the highway law that before highway can spend any money for general repairs or improvements that he has the Town Board approval . RESOLUTION #* 182 PROCEDURAL RULES FOR ENFORCEMENT cE_NYS UNIFORM FIRE PREVENTION _ & BUILDING CODE , RULES, LAWS & ORDINANCE PERTH I ICI T NG TO BUILDING AND CONSTRUCTION Clm Evans offered the following resolution and asked for its adoption : ( original in minute book ) 2nd Clrn Hatfield Roll call voting - all voting Yes RESOLUTION # 182 * PROCEDURAL RULES FOR ENFORCEMENT OF All NEW YORK STATE UNIFORM FIRE PREVENTION AND IIP BUILDING CODE , RULES , LAWS if ORDINANCES PERTAINING TO BUILDING AND CONSTRUCTION ( As approved by the Dryden Town Board on October. 1. 1 , 1988 ) RULE # 1 . Permit Requirements ( a ) ( 1 ) A building permit is required for any work which must conform to the New York State Uniform Fire Prevention and Building Code and for any building for which a change in occupancy is proposed ( a conversion ) one general o ccupancy classification to another , as such classifications are defined in Part 701 of Title 9 of the Official Compilation of Codes , Rules and Regulations . ( 2 ) No person , firm or corporation shall commence the erection , construction , enlargement , alteration , improvement , conversion , or change in the nature o f the occupancy of any building or structure , or cause the same to be done , without first filing an application for a building permit with the Code Enforcement Officer ( CEO ) in accordance with the requirements of these rules . ( 3 ) An application for a building permit shall also constitute an application for a certificate of o ccupancy or certificate of compliance as the case may be . Upon the , satisfactory completion of the work and in compliance with all applicable codes , laws , rules , ✓ egulations and ordinances , the CEO shall issue the appropriate certificate . Y ( 4 ) The permit application shall include ® all the information required on the application form and payment of all the fee ( s ) as prescribed by law , rule , regulation or ordinance . ( b ) Upon satisfactory completion of the required application for a building permit and the payment of all fees in connection therewith , a building permit will be issued by the CEO . ( c ) The application shall be signed by the owner or his authorized agent . ( d ) The application shall be made by the owner or by the agent , architect , engineer or builder employed in connection with the proposed work . Where such application is made by a person other than the owner , it shall be accompanied by an affidavit of the owner that the proposed work is authorized by the owner and that the applicant is authorized ' to make such application ; and the affidavit shall contain a statement that the owner authorizes the applicant to consent to permit the building official , any building inspector , and any officer or employee of the building department to enter upon the premises without a search warrant in a manner prescribed in Rule # 7 . ( e ) Each application for a building permit shall be accompanied by plans and specifications , including a plot plan drawn to scale and showing the location and size of all proposed new construction and all existing structures on the site , the nature and character of the work to be performed and the materials to be incorporated , distance from lot • ® lines , the relationship of structures on adjoining property , widths and grades of adjoining streets and , where required by the Code Enforcement Officer , details of structural , mechanical and electrical work , including computations , stress diagrams and other essential technical data ; plans and specifications shall bear the signature of the person responsible for the design and drawings and , where required by Sections 7202 or 7302 , as amended , of Articles 145 and 147 of the Education Law of the State of New York , the seal of a licensed architect or a licensed professional engineer . The Code Enforcement Officer may waive the requirements for filing plans and specifications for minor alterations . ® ( f ) Amendments , if any , to the application or to the plans and specifications . accompanying the same shall be filed with and be approved by the Code Enforcement Officer prior to the commencement of such change of work . RULE # 2 . Issuance of Building Permit or Disapproval of Application ( a ) The CEO shall examine or cause to be examined all applications for permits , and the plans , specifications , and documents filed herewith . He shall approve or disapprove the application within twenty ( 20 ) days from the date of submission of the application . ( b ) If the application , together with plans , specifications and other documents filed therewith , describe r' r ' ® proposed work which does not conform to all of the ✓ equirements of the applicable laws and regulations , the building official shall disapprove the same and shall return the plans and specifications to the applicant . Upon the ✓ equest of the applicant , the building official shall cause such refusal , together with the reasons therefor , to be transmitted to the applicant in writing . RULE # 3 . Performance of Work Under Building Permit ( a ) A building permit shall be effective to authorize the commencing of work for a period of one ( 1 ) year after the date of its issuance . For good cause , the CEO may allow one extension for one ( 1 ) year . All work shall conform to the approved application , plans and specifications and shall be in accordance with all applicable building codes , laws , ordinances , rules and ✓ egulations . ( b ) Building permits shall be prominently displayed on the job site at all times during the progress o f the work so as to be readily seen from adjacent roads . RULE # 4 . Revocation of Building Permit The CEO may revoke a building permit theretofore issued in the following instances : ( a ) Where he finds that there has been any false statement or misrepresentation as to a material fact in the p.i r application , plans or specifications on which the building permit was based ; ( b ) Where he finds that the building permit was issued in error and should not have been issued in accordance with the applicable law ; ( c ) Where he finds that the work performed under the permit is not being prosecuted in accordance with the provisions of the application , plans or specifications ; or id ) where the person to whom a building permit has been issued tails or refuses to comply with a stop order or other directive issued by the building official . RULE # 5 . Stop Orders Whenever a building official has reasonable grounds to believe that work on any building or structure is being prosecuted in violation of the provisions of the applicable building codes , laws , ordinances , rules or regulations or not in conformity with the provisions of an application , plans or specifications on the basis of which a building permit was issued , or in an unsafe and dangerous manner , he shall notify the owner of the property , or the owner ' s agent , to suspend all work , and any such persons shall forthwith stop such work and suspend all building activities until the stop order has been rescinded . Such order and notice shall be in writing , shall state the conditions under which the work may be resumed , and may be served upon a person to whom it is directed either by 7 delivering it personally to him , or by posting the same upon ® a conspicuous portion of the building where the work is being performed and sending a copy of the same to him by certified mail return receipt requested at the address set forth in the permit application . RULE # 6 . Right of Entry The building official and building inspectors , upon the showing of proper credentials and in the discharge o f their duties , shall be permitted to enter upon any building , structure or premises without interference , during ✓ easonable working hours . RULE # 7 . Certificate of Occupancy or Zoning Permit for Occupancy ( a ) No building hereafter erected shall be used o r occupied in whole or in part until a certificate of occupancy shall have been issued by the CEO . ( b ) No building hereafter enlarged , extended or altered , or upon which work has been performed which required the issuance of a building permit , shall be o ccupied unless a certificate of occupancy or shall have been issued by the CEO . ( c ) No change shall be made in the nature of the occupancy of an existing building unless a zoning permit or for such change shall have been issued by the CEO . • ® RULE # 8 . Inspection Prior to Issuance of Certificate of Occupancy ( a ) Before issuing a certificate of occupancy or certificate of compliance , the CEO shall examine , or cause to be examined , all buildings , structures and sites for which an application has been filed for a building permit to construct , enlarge , alter , repair or change the use or nature of occupancy , and he may conduct such inspections as he deems appropriate from time to time during and upon completion of the work for which a building permit has been issued . ( b ) Inspections shall be made by the CEO during construction so that necessary and appropriate inspections and determinations of the work in progress can be made including , but not limited to , such times during the course of construction as will permit the observation of the foundation , structural elements , electrical systems , plumbing systems , heating , ventilation and air conditioning systems , fire protection and detection systems and exit features . ( c ) There shall be maintained in the Town Office a written record of all such examinations and inspections , together with a record of findings of violations of the law , and a record of all certificates of occupancy or certificates of compliance issued . 7 I RULE # 9 . Periodic and Complaint Inspections ® The CEO shall also make provision for and conduct inspections as follows : ( a ) Fire safety inspections of areas of public assembly defined in Part 606 of Title 9 of the Official Compilation of Rules and Regulations at least once per year . ( b ) Fire safety inspections of all multiple dwellings and all nonresidential occupancies at least once per year . ( c ) Inspections in response to bonafide complaints regarding conditions or activities allegedly failing to comply with the New York Uniform Fire Prevention and Building Code shall be made within 10 days of the receipt of a written request for such an inspection by the complainant . 1 SECTION 1 . besignation of Building Official as Public Official There is hereby designated in the Town of Dryden a public official to be known as the Code Enforcement Officer ( CEO ) , who shall be appointed by the Town Supervisor with the approval of the Town Board at a compensation to be fixed by it . Such person shall meet the qualifications for code enforcement personnel as prescribed in Title 19 NYCRR Part 443 . SECTION 2 . Acting Code Enforcement Officer In the absence of the CEO , or in the case of inability to act for any reason , the Town Supervisor shall have the power , with the consent of the Town Board , to designate a person to act as CEO and to exercise all the powers conferred upon the CEO by this Local Law . The compensation 1 of such Acting CEO shall be fixed by the Town Board . SECTION 3 . Appointment of Building Inspectors . f The Town Supervisor , with the approval of the Town Board , may appoint one or more building inspectors , as the need may appear , to act under the supervision and direction of the CEO and to exercise any portion of the powers and duties of the CEO as may be directed . The compensation of 4 Jil r • such building inspectors shall be fixed by the Town Board . The CEO may also be a building inspector . SECTION 4 . Restrictions on Employees The CEO , Acting CEO , or Building Inspector ( s ) shall not e ngage in any activity inconsistent with their duties , or w ith 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 o f , the construction , alteration , demolition , or maintenance of a building or the preparation of plans or specificiations t hereof 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 sale . S ECTION 5 . Duties & Powers of Code Enforcement O fficer ( a ) Except as otherwise specifically provided by law , o rdinance , rule , or regulation , or except as herein o therwise provided , the CEO shall administer and enforce all of the provisions of the following laws , ordinances , etc . : �� - ' • it fdr ( 1 ) The New York State Uniform Fire Prevention and Building Code ( 2 ) The Town of Dryden Zoning Ordinance ( 3 ) The Town of Dryden Mobile Bome Ordinance ( 4 ) The Town of Dryden Mobile Home Park Ordinance ( 5 ) The electrical code of the Town of Dryden ( 6 ) Flood damage prevention local law . . and all other laws , ordinances , rules , and regulations applicable to the plans , specifications , or permits for the construction , alteration , and repair of buildings and structures , and the installation and use of materials and equipment therein , and the location , use and occupancy thereof . ( b ) The , CEO shall promulgate rules and regulations , subject to the approval of the Town Board , to secure the � + intent and purposes of this Law , and a proper enforcement of the laws , ordinances , rules , and regulations governing building plans , specifications , construction , alteration , or % ' repairs , building safety , and land use in the Town . � I I ( c ) The CEO shall receive applications , approve plans I . and specifications , and issue permits for the erection and alteration of buildings or structures or parts thereof and shall examine the premises for which such applications have I r F been received , " plans approved . or such permits have been issued for the purpose of insuring compliance with the laws , ordinances , rules , and regulations governing building construction , al € erations , or occupancy . { d } The CEO shall be responsible for conducting inspections and maintaining records as required by Rules and Regulations promulgated by the Secretary of State in Title 19 of NYCRR , Part 444 . ( e ) The CEO shall issue , in writing , all appropriate notices or orders to remove illegal or unsafe conditions , to require the necessary safeguards during construction , and to insure compliance during the entire course of occupancy with she requirements of such laws , ordinances , rules , and regulations , and such notices or orders may be served upon the property ' owner or his agent personally , or by sending by I certified mail a copy py of such order to the owner or his agent at the address set forth in the building permit application , or as shown on the tax rolls , and by posting the same upon a conspicuous portion of . the premises to which the notice applies . He shall make all inspections which are necessary or proper for the carrying out of his duties , except that heimay accept written reports of inspection from building inspectors or other employees of the Town , or from generally recognized and authoritative service . and 1 : la , inspection bureaus or agencies , provided the same are certified by a responsible official thereof . ( C ) The CEO shall issue a certificate of occupancy where appropriate for a building constructed or altered in accordance with the provisions of the New York Uniform Fire Prevention and Building Code which certificate shall certify that the building conforms to the requirements of such Code . SECTION 6 . Department Records and Reports ( a ) The CEO shall keep permanent official records of all transactions and activities conducted including all 1 to applications received , plans approved , permits and certificates issued , fees charged and collected , inspection reports , all rules and regulations promulgated by him with the consent of the Town Board , and notices and orders issued . All such records shall be public records open to r public inspection during normal business hours . ( b ) The CEO shall , annually , submit to the Town Board a written report and summary of all business conducted , including approvals , permits , and certificates issued , fees collected , orders and notices promulgated , inspections and tests made , and appeals or litigation pending or concluded . S grr SECTION 7 . . Violations ( a ) It shall be unlawful for any person , firm , or corporation to construct , alter , repair , move , equip , use , o r occupy any building or structure or portion thereof in ✓ iolation of any provision of this local law , as well as any regulation or rule promulgated by the CEO in accordance with this local law , or to fail in any manner to comply with a notice , directive , or order of the CEO , or to construct , alter , use , or occupy any building or structure or part thereof in a manner not permitted by an approved building permit or certificate of occupancy . ( b ) Any person who shall fail to comply with a written order of the CEO within the time fixed for compliance therewith , and any owner , builder , architect , tenant , contractor , subcontractor , construction superintendent , or their agents , or any other person taking part or assisting in the construction or use of any building who shall knowingly violate any of the applicable provisions of law , or any lawful order , notice , directive , permit , or certificate of the CEO made hereunder shall be punishable by a fine or imprisonment or both as herein provided . Each day that a violation continues shall be deemed a separate o ffense . ( c ) Any person , having been served , either personally o r by registered mail , with an order to remedy any condition found to exist in , on , or about any building in violation of rq t he New York State Uniform Fire Prevention and Building Code who shall fail to comply with such order within the time fixed by the regulations promulgated by the Secretary of S tate pursuant to subdivision one of section three hundred e ighty - one of Executive Law , such time period to be stated in the order , and any owner , builder , architect , tenant , contractor , subcontractor , construction superintendent , or t heir agents , or any other person taking part of assisting in the construction of any building who shall knowingly ✓ iolate any of the applicable provisions of the New York U niform Fire Prevention and Building Code or any lawful o rder of the CEO , or the Town Board , made thereunder regarding standards for construction , maintenance , or fire protection equipment and systems , shall be punishable by a fine or imprisonment or both as herein provided . Each day that a violation continues shall be deemed a separate o ffense . ( d ) Where the construction or use of a building is in ✓ iolation of any provision of the New York Uniform Fire P revention and Building Code or any lawful order obtained thereunder , a justice of the Supreme Court at a special term in the judicial district in which the building is located , may order the removal of the building or any abatement of t he condition in violation of such provisions . An application fort such relief may be made by the CEO , the Town ® Supervisor or any other person aggrieved by such violation . ( e ) A violation of this local law is an offense punishable by a fine not exceeding $ 100 . 00 or by imprisonment for a period not exceeding fifteen ( 15 ) days , o r both . Each day ' s continued violation shall constitute a separate , additional violation . In addition , the Town Board shall have such other remedies as are provided by law to e nforce the provisions of this Local Law . SECTION 8 . Abatement of Violation Appropriate action and proceedings may be taken at law o r in equity to prevent unlawful construction or to ✓ estrain , correct , or abate a violation or to prevent illegal occupancy of a building , structure , or premises and these remedies shall be in addition to penalties otherwise prescribed by law . SECTION 9 . Adoption of Procedural Rules for the Enforcement of the New York State Uniform Fire & Building Code • The Town Board is hereby authorized and empowered by 0 Resolution to adopt , amend , supplement , change , modify , and 7 .. _ _ . repeal procedural rules for the enforcement of this local law . SECTION 10 . Effective Date This Local Law shall take effect immediately upon filing with the Secretary of State . SECTION 11 . 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 thereof . TOWN OF DRYDEN • DRYDEN, N.EW YORK P. O. BOX 516 65 EAST MAIN STREET, DRYDEN, NEW YORK 13053 ® 607-844-9120 In the Heart of the Finger Lakes Region ZONING OFFICE Date : October 11th , 1988 To : The Dryden Town Board From : Henry M . Slater , Zoning & Building Code Enforcement Office Town of Dryden 65 E . Main Street Dryden , New York 13053 Sub . : September 1988 Zoning & Building Report Gentlemen : During the month of September 1988 this office issued 22 Building Permits and due to the lack of sufficient time will not be described below . I can say that there were only ( 5 ) single - family new starts and several existing single - family additions . The rest are storage type buildings . There was no applications for commerical structures last month . Zoning Variance Request during September 88 . Please see the attached summary . Ebt Certificates of Occupancy and compliance . There were ( 27 ) Certificates of Occupancy and ( 1 ) Certificate of Compliance issued during the month of September . No fire safety or fire investigations were made at all . A Sorry about such a short report , however , I ' burried with work . plank you ^ �A r„1 j )l - 1 • tr -vp V Henry Ni . Slater CC : Mahlon R . Perkins , Dryden Town Atty . 5 Susanne ' Lloyd, Dryden Town Cleric ) • • T TO \>VN OF DRY D.FN • D.1.Z:Y DEN, NE W 1.' 01ZK • . • P. 0. BOX 516 65 EAST MAIN STREET, DRYDEN, NEW YORK 13053 607-844-9120 In the Heart of the Finger Lakes Region CC : Cheryl L ' Anroreaux , Rec . Sec . , Z . B . A . ZONING OFFICE P . O . Box ] 79 Dryden , New York 13053 Date : August 30th , 1988 To : Members of the Dryden Town Zoning Board of Appeals From : Henry M . Slater , Zoning 6 Building Code Enforcement Office Town of Dryden 65 E . Main Street Dryden , New York 13053 • Sub . : Agenda for Sept . 6th , 1988 Zoi ► ing Board of Appeals Hearings . Dear Board Members : Please be advised of the Following agenda and inclosed supporting appeal documents and applications . 7 : 30 P . M . Richard C. Barbara Guttridge are requesting a variance to place a gutted mobile home out of public site at their 968 Snyder Hill residences . A variance was granted to use this mobile home as living quarters in 1984 while they built their current home . That variance was limited to 2 yrs . � � and extended for an additional 2. yrs . and recently expired . IJenicof I •t' au. .� S fe -ettt P" ^ c ,So 'n S 'p , e s e .. ;�' 7 : 45 P . M . The Guthrie Medical Group of Sayre Pa . arc requesting a variance to omit the M . A . Zone Section 1206 . 3 requirement for a BufferZ_one between their proposed Medical Office Complex at 1780 Hanshaw Road Site and the ajoining R . B . = 1 ' Zoning District to thelrmmediate south boundry . There is some question as to whether or not this is required ? There is a proposed road be, ttieen their site and the Zone Boundry south of this proposed road . ] FSk S6Sty- R. -o % L& es � (.•, •1 1 L ctv . w h I No \- �i � ; ._ K 41 t � e r u r \ \Pe, v■ ' C'_(7 They are also requesting a variance to reduce the section 1401 . 6 off street parking requirement of 77 parking spaces for this type of office . 8 : 00 P . M . Douglas Layaw is requesting a variance to section 753 . 2 requiring 125 ' o f public road frontage . Mr . Layaw has several acres of land at the end o f once proposed public road and subdivision that never got completly through the subdivision approval system . He would have a 60 ' right - a - way from Baker Hi I1 Road . Dc tr sk3sie 19 . . 1 vc 3 � I . 0 3.- A 8 : 15 P . M . Susan Stine is requesting the same variance for a similar ajoining lot o ver the same 60 ' right - a -way as is Mr . Layaw . Both applicants are planning to move existing single family homes to these two sites . D £ ti 1 c ctiC 1'l s " V S 1? '.� `1 v Ca K 5 0 • • Irf b N ^. Cr' "1. . 8 : 30 P . M . Bernard Cornelius is requesting a variance to place a mobile home on property owned by hire at 399 Main Street Ext . , ( Rt . 366 ) , Freeville , N . Y . in an R . B . Zoning District . At this time no supporting documents have been submitted to this office . He did indicate that he would be submitting such details , if not prior to the hearing , they would be available at the hearing . Out '``. ; Q oil I C. 'I1 1 1 O r 6 1^.ti G.. Ct_ c_.vl 3 -el 8 : 45P . M . David Osovski is requesting a variance to section 702 . 1 , ( 125 ' of Road Frontage ) in an R . B . Zone at 970 Snyder Hill Rd . II ' , � �1 W o ✓ - p_.LY ` t-( — 0 '11 -t7. 0 1 0l' 't' 0 C: ry J �• C, '�t M1- ej cJ -o t S S I•� € . L' c' 5 e !rye; tN It r? a1r, 1, l ; s \- ycA / / i RESOLUTION # 183 PERMIT FOR DEPT OF ARMY fe C1m Evans offered the following resolution and asked for its adoption : RESOLVED , that this Town Board authorize Supv Cotterill to sign the permit from the Department of the Army Corps of Engineers for the w ork to be done in Fall Creek in connection with the original approved Monkey Run Water and Sewer District . 2nd Clrn Crawford Roll call vote - all voting Yes • RESOLUTION # 184 AUTHORIZE _TOWN CLERK TO VERIFY SUPERVISOR Clrn Hatfield offered the following resolution and asked for its adoption : RESOLVED , that this Town Board authorize Town Clerk Lloyd to send a - letter to the Department Corps of Engineers to verify that S upervisor Cotterill is the Supervisor for the Town of Dryden . 2nd Evans Roll call vote - all voting Yes ZONING OFFICER - report given to Board members J USTICE REPORT - $ 5 , 582 . 00 for the month of September FINANCIAL. REPORT -- given to Board members • CORRESPONDENCE Ambulance report ® Dog report L etter of resignation - Henry Slater Planning Board member Copy of letter Olin Garlock sent to Wallace Industries thanking them for use of dumpster RESOLUTION # 183 CHANGE BOARD MEETING DATE Clrn Evans offered the following resolution and asked for its adoption : RESOLVED , that this Town Board authcsraze the Supv to change the ✓ egular board meeting date from Nov 8th to Nov 9th due to general e lection . 2nd C1m Crawford Carried HIGHWAY '1 H wy Supt Gilbert would like to building committee to check on the h eating system at the highway garage . RESOLUTION # 186 DRYDEN LAKE - TOM N I EyDERN. ORN Clm Evans offered the following resolution and asked for its adoption : RESOLVED , that this Town Board appoint Tom Neiderkorn with respect to his work for compliance with affirmative action and the minority worsens owned business enterprises to be billed at an hourly rate of $ 40 . 00 per hour not to exceed $ 250 . 00 . End C l rri Crawford Roll cal 1 vote -- all voting Yes / r & RESOLUTION # 187 AUTHORIZE JUST I CE CLASS ® Clm Hatfield offered the following resolution and asked for its adoption : RESOLVED , that this Town Board authorize Justice Lloyd to attend mandatory class in Albany on Oct . 29th and to pay expenses . 2nd Clm Crawford Roll call vote - all voting Yes RESOLUTION # 188 TEMPORARILY POSTED ROADS Clm Hatfield offered the following resolution and asked for its adoption : RESOLVED , that this Town Board adopt an order temporarily excluding any vehicle with a gross weight in excess of five ( 5 ) tons from the following roads , from November 1 , 1988 to June 1 , 1989 . The roads have been so posted pursuant to Vehicle and Traffic Law 1660 ( a ) Section 11 . 1 Morris Road 2- Ed Hill Road 3- Bone Plain Road . 4 - Bradshaw Road 5 - Walker Road 6 - Livermore Road 7 - Simms H i l l Road 2nd Clm Evans Roll call vote - all voting Yes RESOLUTION # 189 TRANSFER FUNDS FROM A1220 . 4 TO A1420 . 490 ® Clm Evans offered the following resolution and asked for its adoption : RESOLVED , that this Town Board authorize the Supv to transfer $ 200 . 00 from A1220 . 4 ( Supv contractual ) to A1220 . 41 ( Supv telephone ) . End Clm Crawford Roll call vote all voting Yes RESOLUTION## 1 `30 TRANSFER FUNDS FROM UNAPPROPRIATED FUND BALANCE TO A1420 . 290 Clm Evans offered the following resolution and asked for its adopt ion RESOLVED , that this Town Board authorize the Supv to transfer $ 6 , 500 . 00 from unappropriated fund balance to A1420 . 490 ( litigation ) . 2nd Clm Hatfield Roll call vote - all voting Yes RESOLUTION ## 191 TRANSFER FUNDS TO A1430 “ 2 & A1430 . 4 FROM A1430 . 11 . Clm Crawford offered the following resolution and asked for its adoption : RESOLVED , that this Town Board authorize the Supv to transfer to A1430 . 2 ( personnel equipment ) $ 210 . 00 and A1430 . 4 ( personnel contractual ) $ 540 . 00 from A1430 . 11 ( personnel clerk ) for a total of $ 750 . 00 `• 2nd Clm Hatfield Roll call vote all voting Yes / 17 RESOLLJTION # 191 TRANSFER FUNDS FROM A1620 . 4 TO A1620 . 41 ® Clm Hatfield offered the2following resolution and asked for its adoption : RESOLVED , that this Town Board authorize the Supv to transfer $ 75 . 00 from A1620 . 4 ( building contractual ) to A1620 . 41 ( telephone ) 2nd Clm Evans Roll call vote - all voting Yes REESSOL_UTIONT # 192 TRANSFER FIJNDS__ FROM . UNAPPROPRIATED FUND BALANCE TO A8030 .. 4 Clm Evans offered the following resolution and asked for its adoption : RESOLVED , that this Town Board authorize the Supv to transfer $ 10 , 000 . 00 from unappropriated fund balance to A8030 . 4 ( research ) 2nd Clm Crawford Roll call vote - all voting Yes RESOLUTION # 193 TRANSFER FUNDS FROM UNAPPROPRIATED FUND BALANCE TO I) R 51 .12 . 2101_ Clm Hatfield offered the following resolution and asked for its adoption : RESOLVED , that this Town Board authorize the Supv to transfer $ 18 , 500 . 00 from unappropriated fund balance to DB5112 . 210 ( contractual ) 2nd Clm Evans Roll call vote - all voting Yes 411 RESOLUTION # 194 TRANSFER FUNDS FROM UNAPPROPRIATED FUND BALANCE TO SF1 -• 900 . 8 Clm Crawford offered the following resolution and asked for its adoption ; RESOLVED , that this Town Board authorize the Supv to transfer $ 100 . 00 from unappropriated fund balance to SF1 - 9040 . 8 ( fire workmen ' s compensation ) 2nd Clm Hatfield Roll call vote - all voting Yes RESOLUTION # 195 TRANSFER FUNDS FROM UNAPPROPRIATED FUND BALANCE TO SW - 8340' 4 Clm Evans offered the following resolution and asked for its adoption RESOLVED , that this Town Board authorize the Supt to transfer $ 4 , 600 . 00 from unappropriated fund balance to SW2-- 8340 . 4 ( Snyder $ ill water connections ) 2nd Clm Hatfield Roll call. vote - all voting Yes RESOLUTION#1 ) E AUDIT GENERAL FUND BILLS Clrn Evans offered the fallowing resolution and asked for its adoption : RESOLVED , that the general fund bills be paid as audited ( $ 28 , 216 . 99 ) 2nd Clm Crawford Roll call vote - all voting Yes • lib RESOLUTION # 197 AUDIT HIGHWAY FUND BILLS ® Clm Hatfield offered the following resolution and asked for its adoption : RESOLVED , that the highway fund bills be paid as audited ( $ 90 , 452 . 36 ) 2nd Clm Crawford Roll call vote - all voting Yes N EW BUSINESS S chedule special meeting - Oct 25th - 12 : 00 noon S chedule budget hearing - Nov 1st at 7 : 00PM Schedule board meeting - Nov 9th Recessed for executive session The following action was taken after executive session RESOLUTION * 198 GUTHRIECLINIC Clm Evans offered the following resolution and asked for its adoption RESOLVED , based upon receipts of letter of agreements from Guthrie Clinic , Mr . Slcttje and Mr Harris 1 - that they will waive their ✓ ight to any compensation for any area to be dedicated for Royal Road ; 2 - that the Guthrie Clinic in its letter of agreement agree and indemnify and hold harmless the Town for up to $ 10 , 000 . 00 in e xpenses should any proceeding be necessary under the eminent domain procedure law to acquire the area to be dedicated . Upon ✓ eceipt of all of these letters the Code Enforcement Officer is authorized to issue a building permit to the Guthrie Clinic . 2nd Clm Hatfield Roll call vote - all voting Yes RESOLUTION # 199 AUTHORIZE ATTORNEY TO DEFEND TOWN REGARDING MOBILE HOME LITIGATION Clm Evans offered the following resolution and asked for its adoption : RESOLVED , that this Town Board authorize Atty Perkins to take all n ecessary action regarding litigation against the Town of Dryden zoning ordinance for mobile hones , E nd Clm Crawford Roll call vote - all voting Yes RESOLUTION #200 SIGN EAESE MENT AGREEMENT Clm Hatfield offered the following resolution and asked for its adoption : RESOLVED , that this Town Board authorize the Supv to execute the temporary easement and the option to purchase property for a test w ell on the Charles Miller farm . 2nd Clm Crawford Roll call vote - all voting Yes • 1 II 1 n RESOLUTION # 201 AUTHORIZE TEST WELL Clm Evans offered the following resolution and asked for its adoption : RESOLVED , that this Town Board authorize Clm Garlock and fatty Perkins to oversee the test well drilling on the Charles Miller property by Randolph Well Drilling within the previously agreed amounts . ( $ 5 , 000 . 00 ) 2nd Clm Hatfield Roll call vote - all voting Yes Adjourned : 11 : OOPM • Susanne Lloyd Town Clerk i.