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HomeMy WebLinkAbout2007-02-08Present: Elected Officials: TB 2 -8 -07 TOWN OF DRYDEN TOWN BOARD MEETING February 8, 2007 Supv Steven Trumbull, C1 David Makar, Cl Martin Christofferson, Cl Stephen Stelick, Jr., Cl Mary Ann Sumner Bambi L. Hollen beck, Town Clerk Jack Bush, Highway Superintendent Other Town Staff: Mahlon R. Perkins, Town Attorney Daniel Kwasnowski, Environmental Planner Henry Slater, 7,oning Officer Andy Sciarabba, TG Miller Engineers Supv Trumbull opened the meeting at 7:00 p.m. and led board members and guests in the pledge of allegiance. Broome Developmental Disabilities Services Office ( BDDSO) Monica Ruszika of BDDSO introduced her colleagues Rich Anderson, Sandy Beach, Lori Tinkham and Nancy Crom, and family members Shirley Gray and Chris Sanspirito. BDDSO is interested in developing a property at 242 Pinckney Road as a group home, for three gentlemen in need of residential placement in Tompkins County. it is a three bedroom ranch style home and they feel the location is perfect because of its close proximity to family members, work options, day programming and is close enough to Ithaca and Cortland for its residents to participate in shopping and recreational activities in those cities. The gentlemen projected for this home all have been classified as developmentally disabled and are eligible for services through the Office of Mental Retardation and Developmental Disabilities, and they feel they would do best in a rural setting. There is bus service available at that location. The home was designed for an individual who was handicapped. It has a wheel chair ramp and doorways are wide enough to accommodate a wheel chair. They met with a lot of the immediate neighbors and received support from them. ZO Slater said the use is consistent "4th local zoning regulations and he doesn't see any issues. They are renting the property so it will not come off the tax rolls, but if they do purchase the property it will come off the tax roll. Atty Perkins said there are special rules about denying this request and certain grounds. In the past the board has had a public information meeting where they have notified the neighbors so they can be informed and there is more public input. The wait list for individuals in Tompkins County requiring residential placement is quite lengthy and the home would be used for Tompkins County individuals. RESOLUTION #46 - SUPPORT BDDSO GROUP HOME Cl Sumner offered the following resolution and asked for its adoption: WHEREAS, Broome Developmental Disabilities Services Offices has informed this board of its desire to acquire by lease or purchase a residential home at 242 Pinckney Road in the Town of Dryden for use as a group home for individuals who are developmentally disabled and appeared before the board and explained its use of the residence, now, therefore be it Page I of 30 TB 2-8 -07 RESOLVI.D, that this Town Board hereby expresses its support for a residential group home for developmentally disabled adults at 242 Pinckney to be operated by Broome Developmental Disabilities Services Offices. 2nd Cl Makar Roll Call Vote Fire Departments Cl Makar Yes Cl Christofferson Yes Supv Trumbull Yes Cl Stelick Yes Cl Sumner Yes Ron Flynn of Neptune Hose presented the department's Annual Report for 2006 and reviewed it with the board. They had a total of 250 calls for assistance in 2006 with an average response time of 3.85 minutes. A total of 3,457 hours were spent in responding to those calls. 5,813 hours were dedicated to training in 2006 and they responded to 51 mutual aid calls. Ron Flynn said on behalf of Bill Ackroyd, President of Neptune, and the members, he wanted to recognize and appreciate the cooperation and assistance of the Town's Public Safety Committee and the board in 2006. They look forward to increased cooperation and collaboration between the Department and the Town Board in 2007. Advanced Design Consulting USA, Inc. Alex Deyhim of Advanced Design Consulting (ADC) gave a brief presentation of his company, what they do and how they have grown since 1995. They have purchased property north of the Village of Dryden on Route 13 and would like to move the business there in order to expand. They had considered moving to Tennessee because of tax incentives, etc., but decided they preferred the quality of life in this area. They anticipate bringing 30 new jobs to the area initially, and expanding to 80 jobs. They recently passed a resolution to allocate 51%) of their annual net profit as an "earth tax" to be used for helping the environment. They have talked with Tompkins County Area Development and are seeking grants to help with the cost of expansion. A Deyhim talked about some of the products they manufacture and contracts they have secured and invited the board to visit their current facility. They are currently planning two buildings on the property they purchased in the Town and provided a drawing of the property and location of the buildings. They are working at getting the Financing in line, while continuing to do business and secure contracts. They expect to be able to break ground in the summer of 2007. ZO Slater said he met with A Deyhim and Gary Wood about the SEQR process and segmentation and they have withdrawn their previous application and are preparing a new application. All other involved agencies were concerned with segmentation and ZO Slater has spoken with them about a revised plan. They agree the applicant should submit an application that is doable and they will do that. He explained the purpose of ADC being here tonight was to let the board know what they were doing. The application should be ready to go in March or April and this project can be accomplished with on -site water and sewer service. Mike Hattery asked why they didn't move their development down toward North Road and was told that they chose this location because of the visibility aspects. Cl Christofferson suggested they consider an additional driveway on North Road. Page 2 of 30 TB 2 -8 -07 • COUNTY BRIEFING Mike Hatt:ery asked whether the Board had comments on the County's proposed local law for emergency radio communications protection. Cl Stelick said the; 'T'own's consultant had provided an opinion that the Town of Dryden already provided adequate protective measures under its Local Law #2 of 2006, and further had commented that it appeared potentially burdensome to building permit applicants and Town staff. M Hattery asked that a copy of the letter be forwarded to the County Attorney, Tompkins County %vill be holding three pre- budget forums. One will be in Dryden and is tentatively scheduled for March 3 at 9:30 a.m. at Neptune Hose. M Hattery said he has some concerns about budgeting for provider equipment for the new communication system. Martha Robertson said there is a meeting on March 1 at 7:00 p.m. at the Ellis Hollow Community Center about the gas pipeline from Cornell to Dominion Gas. Etna Community Association is holding their Chocolate Fest on Saturday from 10 to noon and benefits the Association. Cl Sumner noted that the Association thanks the Town of Dryden for their work on the playground, etc. A preview of the governor's budget indicates they are proposing a lot of changes. The County doesn't see any new big mandates or any great relief as far as the programs the County provides. • With respect to the Help America Vote Act , M Robertson reported the company that has been testing machines for New York State (and has done so in other parts of the country ) has failed a testing audit. New York State has stopped the process until that is sorted out and is encouraging the Federal Government to extend the deadline to comply until after the presidential election. Mike Lane said that Suffolk County has a lawsuit to have it declared that the lever machines comply with HAVA assuming they add ballot marking devices at the polls. He asked whether Tompkins County had discussed joining in that: lawsuit. M Robertson said she hadn't heard anything about it. ENGINEERING Andy Sciarabba reported they had been working with the Highway Superintendent on the access road for the new town hall building and will be reviewing the profile and cross - sections with him tomorrow. 1t: will be a 1S' gravel road with a swale on one side. He reviewed a dra«7ng with the board. He has also been working J Bush on the highway specifications. ATTORNEY Atty Perkins has previously provided the board with a memo and proposed local law regarding enforcement of the Uniform Fire and Building Code. ZO Slater and his department have reviewed it and Atty Perkins said it conforms with the new regulations which went into effect on January 1, 2007. There is also an associated fee schedule. The local law allows the Town to adopt fees and a fee schedule by resolution after a public hearing. He said the public hearing requirement is important because it gives the public an opportunity to comment on what they are going to have to pay. Page 3 of 30 Trg 2 -8 -07 RESOLUTION #47 - INTRODUCE LOCAL LAW - PROVIDING FOR THE ADMINISTRATION AND ENFORCEMENT OF THE NEW YORK STATE UNIFORM FIRE PREVENTION AND BUILDING CODE AND OTHER TOWN OF DRYDEN LOCAL LAWS AND ORDINANCES Cl Christofferson offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby introduces the following local law and sets the public hearing on the same for March 8, 2007, at 7:00 p.m., at the Dryden Town IFlall, 65 East Main Street, Dryden, New York: Local Law No. of2007 A LOCAL LAW PROVIDING FOR THE .ADMINISTRATION AND ENFORCEMENT OF THE NEW YORK STATE UNIFORM FIRE PREVENTION AND BUILDING CODE AND OTHER TOWN OF DRYDF..N LOCAL LAWS AND ORDINANCES Be it enacted by the Town Board of the Town of Dryden, as follows: SECTION 1. PURPOSE AND INTENT This local law provides for the administration and enforcement of the New York State Uniform Fire Prevention and Building Code (the Uniform Code) and the State Energy Conservation Construction Code (the Energy Code) in the Town of Dryden exclusive of the Villages of Dryden and Freeville. This local law is adopted pursuant to section 10 of the Municipal Home Rule Law. Except as otherwise provided in the Uniform Code, other state law, or other section of this local law, all buildings, structures, and premises, regardless of use or occupancy, are subject to the provisions this local law. SECTION 2. DEFINITIONS In this local law: Building Permit" shall mean a pennit issued pursuant to section 4 of this local law. 'rho term "Building Permit" shall also include a Building Permit which is renewed, amended or extended pursuant to any provision of this local law. "Certificate of Compliance:" shall mean a certificate issued pursuant to section 7(b) of this local law stating that materials and products meet specified standards or that work was done in compliance with approved construction documents. "Certificate of Occupancy" shall mean a certificate issued pursuant to section 7(b) of this local law stating that a structure meets specified standards, the construction was done in compliance with approved construction documents, meets all applicable codes, and is habitable. "Code Enforcement Officer" shall mean the Code Enforcement Officer appointed pursuant to subdivision (b) of section 3 of this local law. "Code Enforcement Personnel" shall include the Code Enfibreement Officer and all Inspectors. "Compliance Order' shall mean an order issued by the Code Enlurccrnent Officer pursuant to subdivision (a) of section 15 of this local law. Page 4 of 30 TB 2 -8-07 "F..nergy Code" shall mean the State Energy Conservation Construction Code, as currently in effect and as hereafter amended from time to time. The Energy Code includes 19 NYCRR Part 1240. "Inspector" shall mean an inspector appointed pursuant to subdivision (d) of section 4 of this local law. "Operating Permit" shall mean a permit issued pursuant to section 10 of this local law. The term "Operating Permit" shall also include an Operating Permit which is renewed, amended or extended pursuant to any provision of this local law. "Permit Holder" shall mean the Person to whom a Building Permit has been issued. "Person" shall include an individual, corporation, limited liability company, partnership, limited partnership, business trust, estate, trust, association, or any other legal or commercial entity of any kind or description. "Stop Work Order" shall mean an order issued pursuant to section 6 of this local law. "Temporary Certificate" shall mean a certificate issued pursuant to subdivision (d) of section 7 of this local law. "'Town" shall mean the Town of Dryden, exclusive of the Villages of Dryden and Freeville. "Uniform Code" shall mean the New York State Uniform Fire Prevention and Building Code, as currently in effect and as hereafter amended from time. to time. The Uniform Code includes 19 NYCRR Part 1220 (Residential Code), Part 1221 (Building Code), Part 1222 (Plumbing Code), Part 1223 (Mechanical Code), Part 1224 (Fuel Gas Code), Part 1225 (Fire Code), and Part 1226 (Property Maintenance Code). • SECTION 3, CODE ENFORCEMENT OFFICER AND INSPECTORS (a) The office of Code Enforcement Officer is hereby created. 'llie Code Enforcement Officer shall administer and enforce all the provisions of the Unifi�rm Code, the Energy Code and this local law. Tfie Code Enforcement Officer shall have the following powers and duties: (l) to receive, review, and approve or disapprove applications for Building Permits, Certificates of Occupancy. Certificates of Compliance, Temporary Certificates and Operating Permits, and the plans, specifications and construction documents submitted with such applications; (2) upon approval of such applications, to issue Building Permits, Certificates of Occupancy, Certificates of Compliance, Temporary Certificates and Operating Permits, and to include in Building Permits, Certificates of Occupancy, Certificates of Compliance, Temporary Certificates and Operating Permits such terms and conditions as the Code Enforcement Officer may determine to be appropriate; (3) to conduct construction inspections, inspections to be made prior to the issuance of Certificates of Occupancy; Certificates of Compliance, 'Temporary Certificates and Operating Permits, fire safety and property maintenance inspections, inspections incidental to the investigation of complaints, and all other inspections required or permitted under any provision of this local law; (4) to issue Stop Work Orders; (5) to review and investigate complaints; (6) to issue orders pursuant to subdivision (a) of section 15 (Violations) of this local law; • (7) to maintain records; (8) to collect fees asset by the 'I "own Board of the Town; Page 5 of 30 TB 2 -5 -07 • (') 9 to pursue administrative enforcement actions and P roceedings; (10) in consultation with this 'I owiv's attorney, to pursue such legal actions and proceedings as may be necessary to enforce the Uniform Code, the Energy Lode and this local law, or to abate or correct conditions not in compliance with the Uniform Code, the Energy Code or this local law; and (11) to exercise all other powers and fulfill all other duties conferred upon the Code Enforcement Officer by this local law. (b) The Code Enforcement Officer shall be appointed by the 'town Board. The Code Enforcement Oflcer shall possess background experience related to building construction or fire prevention and shall, within the time prescribed by law, obtain such basic training, in- service training, advanced in- service training and other training as the State of New Yogi: shall require for code enforcement personnel, and the Code Enforcement Officer shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder. (c) In the event that the Code Enforcement Officer is unable to serve as such for any reason, an individual shall be appointed by the 'Town Board to serve as Acting Code Enforcement Officer. The Acting Code Enforcement Officer shall, during the term of his or her appointment, exercise all powers and fulfill all duties conferred upon the Code Enforcement Officer by this local law. (d) One or more Inspectors may be appointed by the Town Board to act wider the supervision and direction of the Code Enforcement Officer and to assist the Code Enforcement Officer in the exercise of the powers and fulfillment of the duties conferred upon the Code Enforcement Officer by this local law. Each Inspector shall, within the time prescribed by law, obtain such basic training, in- service training, advanced in- service training and other training as the State of New York shall require • for code enforcement personnel, and each Inspector shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder. (e) In addition to administering and enforcing the provisions of this local law, the Uniform Code, and the Energy Code, the Code Enforcement Officer shall administer and enforce the 'I of Dryden Zoning Ordinance, Land Subdivision Rules and Regulations, Mobile Home Ordinance, Mobile Home Park Ordinance, Electrical Code, Unsafe Buildings Law and Local Law No. I of the year 1957 (a Local law for Flood Damage Prevention). (f) The compensation for the Code Enforcement Officer and Inspectors shall be fixed from time to time by the Town Board of the Town. (g) The Code Enforcement Officer, Acting Code Enforcement Officer and Inspector(s) shall not engage in any activity inconsistent with their duties, or with the interests of the Town; nor shall they, during the term of their employment, be engaged directly or indirectly in any building business, in the furnishing of labor, materials, supplies, or appliances for, or the supervision of, the constriction, alteration, demolition, or maintenance of a building or the preparation of plans or specifications thereof within the Town of Dryden. This provision shall not prohibit any employee from engaging in any such activities in connection with the construction of a building or structure owned by them for their own personal use and occupancy, or for the use and occupancy of members of their immediate families, and not constructed for re -sale. SECTION 4, BUILDING PERMITS (a) Building Permits Required. Except as otherwise provided in subdivision (b) of this section, a Building Permit shall be required for any work which trust conform to the Uniform Code andlor the Energy Code, including, but not limited to, the construction, enlargement, alteration, improvement, removal, relocation or demolition of any • building or structure or any portion thereof; and the installation of a solid fuel burning heating appliance, chimney or flue in any dwelling unit. No Person shall commence any work for which a Building Permit is required without first having obtained a Building Permit from the Code Enforcement Officer. Page 6 of 30 TB 2 -8 -07 • (b ) Exemptions. No BuildinS Permit shall be required for work in any of the following categories: (1) construction or installation of one story detached structures associated with one- or two- family dwellings or multiple single- family dwellings (townhouses) which are used for tool and storage sheds, playhouses or similar uses, provided the gross floor area does not exceed 144 square feet (13.88 square meters), (2) installation of swings and other playground equipment associated with a one- or two - family dwelling or multiple. single - family dwellings (townhouses); (3) installation of swimming pools associated with a one- or two - family dwelling or multiple single - family dwellings (townhouses) where, such pools are designed for a water depth of less than 24 inches and are installed entirely above ground; IIIA liquids; (4) installation of fences which are not part of an enclosure surrounding a swimming pool; (5) construction of retaining walls unless such walls support a surcharge or impound Class I, it or (6) construction of temporary motion picture, television and theater stage sets and scenery; (7) installation of window awnings supported by an exterior wall of a one - or two- family dwelling or multiple single-family dwellings (townhouses); (8) installation of partitions or movable cases less than 5' -9" in height; S(9) painting, wallpapering, tiling; carpeting, or other similar finish work; (10) installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances; (1 1) replacement of any equipment provided the replacement does not alter the equipment's listing or render it inconsistent with the equipment's original specifications; or (12) repairs, provided that such repairs do not loadbearing wall, partition, or portion thereof, or of any structural or change of any required means of egress, or the rearrangement egress; (iii) the enlargement, alteration, replacement or relocation service of all or part of a fire protection system for any period of ti involve beam or of parts of any 1 tile. (i) the removal or cutting away of a load bearing component; (ii) the removal of a structure in a manner which affects wilding system; or (iv) the removal from (c) Exemption not deemed authorization to perform non - compliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in subdivision (b) of this section shall not be deemed an authorisation for work to be performed in violation of the Uniform Code or the Fnergy Code. (d) Applications for Building Permits. Applications for a Building Permit shall provided by or otherwise acceptable to the Code Enforcement Officer. The application of the property where the work is to be performed or an authorized agent of the owner. such information as the Code Enforcement Officer deems sufficient to permit a Enforcement Officer that the intended work complies with all applicable requirements Energy Code. The application shall include or be accompanied by the following inform be made in writing on a form shall be signed by the owner The application shall include determination by the Code of the Uniform Code and the alion and documentation: (1) a description of the proposed work; (2) the tax map number and the street address of the premises where the work is to be performed; Page 7 of 30 TB 2 -8 -07 (3) the occupancy classification of any affected building or structure; (4) where applicable, a statement of special inspections prepared in accordance with the provisions of the Uniform Code; and (5) at least 2 sets of construction documents (drawings and/or specifications) which (i) define the scope of the proposed work; (ii) are prepared by a New York State registered architect or licensed professional engineer where so required by the Education Law; (iii) indicate with sufficient clarity and detail the nature and extent of the work proposed; (iv) substantiate that the proposed work will comply with the Uniform Code and the Energy Code; and (v) where applicable, include a site plan that shows any existing and proposed buildings and structures on the site, the location of any existing or proposed well or septic system, the location of the intended work, and the distances between the buildings and stntctures and the lot lines. (e) Construction documents. Construction documents will not be accepted as part of an application for a Building Permit unless they satisfy the requirements set forth in paragraph (5) of subdivision (d) of this section. Construction documents which are accepted as part of the application for a Building Permit shall be marked as accepted by the Code Enforcement Officer in writing or by stamp. One set of the accepted constnaction documents shall be retained by the Code Enforcement Officer, and one set of the accepted construction documents shall be returned to the applicant to be kept at the work site so as to be available for use by the Code Enforcement Personnel. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, nor as an indication that a Building Permit will be issued. Work shall not be commenced until and unless a Building Permit is issued. (0 Issuance of Building Permits. An application for a Building Permit shall be examined to ascertain whether the proposed work is in compliance with the applicable requirements of the Uniform Code and Energy Code. The Code Enforcement Officer shall issue a Building Permit il'the proposed work is in compliance with the applicable requirements of the Uniform Code and Pnergy Code. (g) Building Permits to be displayd. Building pennits shall be visibly displayed at the work site and shall remain visible until the authorized work has been completed. (h) Work to be in accordance with construction documents. All work shall be performed in accordance with the constnrction documents which were submitted with and accepted as part of the application for the Building Permit. The Building Permit shall contain such a directive. The Permit Holder shall immediately notify the Code Enforcement Officer of any chance occurring during the course of the work. The Building Permit shall contain such a directive. If the Code Enforcement Officer determines that such change warrants a new or amended Building Permit, such change shall not be made until and unless a new or amended Building Permit reflecting such change is issued. (i) Time limits. Building Permits shall become invalid unless the authorized work is commenced within 6 months following the date of issuance. Building Permits shall expire 12 months after the date of issuance. A Building Permit which has become invalid or which has expired pursuant to this subdivision may be renewed upon application by the Permit Holder, payment of the applicable fee, and approval of the application by the Code Enforcement Officer. 0) Revocation or suspension of Building Permits. if the Code Enforcement Officer determines that a Building Permit was issued in error because of incorrect, inaccurate or incomplete information, or that the work for which a Building Permit was issued violates the Uniform Code or the Energy Code, the Code Enforcement Officer shall revoke the Building Permit or suspend the Building Permit until such time as the Permit i•lolder demonstrates that (1) all work then completed is in compliance. with all applicable provisions of the Uniform Code and the Energy Code and (2) all work then proposed to be performed shall be in compliance with all applicable provisions of the Uniform Code and the Energy Code. Page 8 of 30 TB 2 -8 -07 S(k) Fee. The fee specified in or determined in accordance with the provisions set forth in section 16 (Fees) of this local law must be paid at the time of submission of an application for a Building Permit, for an amended Building Permit, or for renewal of a Building Permit. SECTION 5. CONSTRUCTION INSPECTIONS (a) Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Code Enforcement Officer or by an Inspector authorized by the Code Enforcement Officer. The Permit Holder shall notify the Code Enforcement Officer when any element. of work described in subdivision (b) of this section is ready for inspection_ (b) Elements of work to be inspected. The following elements of the construction process shall be inspected, where applicable: (1) work site prior to the issuartce of Building Permit; (2) footing and foundation; (3) preparation for concrete slab; (4) framing; (5) building systems, including underground and rough -in; (6) fire resistant construction; is(7) lire resistant penetrations; (8) solid fuel burning heating appliances, chimneys, flues or gas vents; (9) Energy Code compliance; and (10) a final inspection after all work authorized by the Building Permit has been completed. (c) Inspection results. After inspection, the work or a portion thereof shall be noted as satisfactory as completed, or the Permit Holder shall be notified as to where the work fails to comply with the Uniform Code or Energy Code. Work not in compliance with any applicable provision of the Uniform Code or Energy Code shall remain exposed until such work shall have been brought into compliance with all applicable provisions of the Uniform Code and the Energy Code, reinspected, and found satisfactory as completed. (d) Fee. The fee specified in or determined in accordance with the provisions set forth in section 16 (Fees) of this local law must be paid prior to or at the time of each inspection performed pursuant to this section. SECTION 6. STOP WORK ORDERS (a) Authoritv to issue. The Code Enforcement Officer is authorized to issue Stop Work Orders pursuant to this section. The Code Enforcement Officer shall issue a Stop Work Order to halt: (1) any work that is detenmined by the Code Enforcement Officer to be contrary to any applicable provision of the Uniform Code or Energy Code, Without regard to whether such work is or is not work for which a Building Permit is required, and without regard to whether a Building Permit has or has not been issued for such work, or Page 9 of 30 TB 2 -8 -07 0 (2) any work that is being conducted in a dangerous or unsafe manner in the opinion of the Code Enforcement Officer, without regard to whether such work is or is not work for which a Building Permit is required, and without regard to whether a Building Permit has or has not been issued for such work, or (3) any work for which a Building Permit is required which is being performed without the required Building Permit, or under a Building Permit that has become invalid, has expired, or has been suspended or revoked. (b) Content of Stop Work Orders. Stop Work Orders shall (1) be in writing, (2) be dated and signed by the Code Enforcement Officer, (3) state the reason or reasons for issuance, and (4) if applicable, state,, the conditions which must be satisfied before work will be permitted to resume. (c) Service of Stop Work Orders. The Code Enforcement Officer shall cause the Stop Work Order, or a copy thereof, to be served on the owner of the affected property (and, if the owner is not the Permit Holder, on the Permit Holder) personally or by certified mail. The Code Enforcement Officer shall be permitted, but not required, to cause the Stop Work Order, or a copy thereof, to be served on arty builder, architect, tenant; contractor, subcontractor, construction superintendent, or their agents, or any other Person taking part or assisting in work affected by the Stop Work Order, personally or by certified mail, provided, however, that failure to serve any Person mentioned in this sentence shall not affect the efficacy of the Stop Work Order. (d) Eflect of Stop Work Order. Upon the issuance of a Stop Work Order, the owner of the affected property, the Permit Molder and any other Person performing, taking part in or assisting in the work shall immediately cease all work which is the subject of the Stop Work Order. (e) Remedy not exclusive. The issuance of a Stop Work Order shall not be the exclusive remedy available to address any event described in subdivision (a) of this section, and the authority to issue a Stop Work Order shall be in addition to, and not in substitution for or limitation of'. die right and authority to pursue any other remedy or impose any other penalty under section 15 (Violations) of this local law or under any other applicable local law or State law. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of Stop Work Order. SECTION 7. CERTIFICATES OF OCCUPANCY, CERTIFICATES OF COMPLIANCE (a) Certificates of Occupancy or Certificates of Compliance required. A Certificate of Occupancy or Certificate of Compliance shall be required for any work which is the subject of a Building Permit and for all structures, buildings, or portions thereof, which are converted from one use or occupancy classification or subclassification to another. Permission to use or occupy a building or structure,, or portion thereof, for which a Building Permit was previously issued shall be granted only by issuance of Certificate of Occupancy or Certificate of Compliance_ (b) Issuance of Certificates of Occupancy or Certificates of Compliance. The Code Enforcement Officer shall issue a Certificate of Occupancy or Certificate of Compliance if the work which was the subject of the Building Permit was completed in accordance with all applicable provisions of the Uniform Code and Energy Code and, if applicable, that the structure, building or portion thereof that was converted from one use or occupancy classification or subclassification to another complies with all applicable provisions of the Uniforni Code and Energy Code. The Code Enforcement Officer or an inspector authorized by the Code Enforcement Officer shall inspect the building, stricture or work prior to the issuance of a Certificate of Occupancy or Certificate of Compliance. In addition, where applicable, the following documents, prepared in accordance with the provisions of the Uniform Code by such person or persons as may be designated by or otherwise acceptable to the Code Enforcement Officer, at the expense of the applicant for the Certificate of Occupancy or Certificate of Compliance, shall be provided to the Code Enforcement Officer prior to the issuance of the Certificate of' Occupancy or Certificate of Compliance: • (1) a written statement of structural observations and/or a final report of special inspections, and (2) flood hazard certifications. Page 10 of 30 T13 2 -8 -07 0 c Contents of Certificates of Occu ane y or Certificates of Compliance, liance, A Certificate of Occupancy or OC � y n Certificate of Compliance shall contain the following information: (1) the Building Permit number, ifany; (2) the date of issuance of the Building Permit, if any; (3) the name, address and tax map number of the property; (4) if the Certificate of Occupancy or Certificate of Compliance is not applicable to an entire structure, a description of that portion of the structure for which the Certificate of Occupancy or Certificate of Compliance is issued; required-, (5) the use and occupancy classification of the structure; (6) the type of construction of the structure; (7) the assembly occupant load of the structure, if any; (8) if an automatic sprinkler system is provided, a notation as to whether the sprinkler system is (9) any special conditions imposed in connection with the issuance of the Building Permit, and (10) the signature of the Code Enforcement Officer issuing the Certificate of Occupancy or Certificate of Compliance and the date of issuance. (d) Temporary Certificate. The Code Enforcement Officer shall be permitted to issue a 'temporary Certificate allowing the temporary occupancy of a building or stnucture, or a portion thereof, prior to completion of the work which is the subject of a Building Permit. However, in no event shall the Code Enforcement Officer issue a Temporary Certificate unless the Code Enforcement Officer determines (1) that the building or structure, or the portion thereof covered by the Temporary Certificate, may be occupied safely, (2) that any fire- and smoke - detecting or fire protection equipment which has been installed is operational, and (3) that all required means of egress from the building or structure have been provided. The Code Enforcement Officer may include in a Temporary Certificate such terms and conditions as he or she deems necessary or appropriate to ensure safety or to further the. purposes and intent of the Uniform Code. A Temporary Certificate shall be effective for a period of time, not to exceed 6 months, which shall be determined by the Code Enforcement Officer and specified in the Temporary Certificate. During the specified period of effiectiveness of the Temporary Certificate, the Permit Holder shall undertake to bring the building or structure into full compliance with all applicable provisions of the Uniform Code and the Energy Code. (e) Revocation or suspension of certificates. If the Code Enforcement Officer determines that a Certificate of Occupancy or Certificate of Compliance or a "temporary Certificate was issued in error because of incorrect, inaccurate or incomplete information, and if the relevant deficiencies are not corrected to the satisfaction of the Code Enforcement 001cer within such period of time as shall be specified by the Code Enforcement Officer, the Code Enforcement Officer shall revoke or suspend such certificate. (f) Fee. The fee specified in or determined in accordance with the provisions set forth in section 16 (Fees) of this local law must be paid at the time of submission of an application for a Certificate of Occupancy, Certificate of" Compliance or for Temporary Certificate. SECTION 8. NOTIFICATION REGARDING FiRE OR EXPLOSION Page 11 01,30 Ta 2 -8 -07 • The chief of any fire department providing fire fighting services for a property within the Town shall promptly notify the Code Enforcement Officer of any firs; or explosion involving any structural damage, fuel burning appliance, chimney or gas vent. SECTION 9. UNSAFE BUILDING AND STRUCTURES Unsafe structures and equipment in the Town shall be identified and addressed in accordance with the procedures established by local Law Number 2 of the year 1981 as now in effect or as hereafter amended from time to time. SECTION 10. OPERATING PERMITS (a) Operation Permits required. Operating Permits shall be required for conducting the activities or using the categories of buildings listed below: (1) manufacturing, storing or handling hazardous materials in quantities exceeding those listed in Tables 2703.1. I (I ), 2703.1.1(2), 2703. l .1(3) or 2703.1.1(4) in the publication entitled "Fire Code of New York State" and incorporated by reference in 19 NYCRR section 1225.1; (2) hazardous processes and activities, including but not limited to, commercial and industrial operations which produce combustible dust as a byproduct, fruit and crop ripening, and waste handling; (3) use of pyrotechnic devices in assembly occupancies; (4) buildings containing one or more areas of public assembly with an occupant load of 100 persons or more; and is(5) buildings whose use or occupancy classification may pose a substantial potential hazard to public safety, as determined by resolution adopted by the Town Board of the Town. Any person who proposes to undertake any activity or to operate any type. of building listed in this subdivision (a) shall be required to obtain an Operating Permit prior to commencing such activity or operation. (b) Applications for Operating Permits. An application for an Operating Permit shall be in writing on a form provided by or otherwise acceptable to the Code Enforcement Officer. Such application shall include such information as the Code Enforcement Officer deems sufficient to permit a determination by the Code Enforcement Officer that quantities, materials, and activities conform to the requirements of the Uniform Code. If the Code Enforcement Officer determines that tests or reports are necessary to verity conformance, such tests or reports shall be performed or provided by such person or persons as may be designated by or otherwise acceptable to the Code Enforcement Officer, at the expense of the applicant. (c) Inspections. The Code Enforcement Officer or an Inspector authorized by the Code Enforcement Officer shall inspect the subject premises prior to the issuance of an Operating Permit. (d) Multiple Activities. section is to be conducted at a each such activity, or the Code apply to all such activities. In any circumstance in which more than one activity listed in subdivision (a) of this location, the Code Enforcement Officer may require a separate Operating Permit for Enforcement Officer may, in his or her discretion, issue a single Operating Permit to (e) Duration of Operating Permits. Operating permits shall be issued for such period of time, not to exceed one year in the case of any Operating Permit issued for an area of public assembly and not to exceed three years in any other case., as shall be determined by the Code Enforcement Officer to be consistent with local conditions. The effective period of each Operating Permit shall be specified in the Operating Permit. An Operating Permit may be • reissued or renewed upon application to the Code Enforcement Officer, payment of the applicable fee, and approval of such application by the Code Enforcement Officer. Page 12 ol'30 TB 2 -8 -07 • (f) Revocation or suspension of Operating; Pcrinits. If the Codc Enforcement Officer determines that any activity or building for which an Operating Permit was issued does not comply with any applicable provision of the Uniform Code, such Operating Permit shall be revoked or suspended. once thirty -six (36) (g) Fee. The fee specified in or determined in accordance with the provisions set forth in section 16 (Fees) of this local law must be paid at the time submission of an application for an Operating Permit, for an amended Operating Permit, or for reissue or renewal of an Operating, Permit. SECTION 11, FIRE SAFETY AND PROPERTY MAINTENANCE. INSPECTIONS (a) Inspections required. Fire safety and property maintenance inspections of buildings and structures shall be performed by the Code Enforcement Officer or an inspector designated by the Code Enforcement Officer at the following intervals: (1) Fire safety and property maintenance inspections of buildings or structures which contain an area Of public asseittbly shall be performed at least once every twelve (12) months. (2) Fire safety and property maintenance inspections of' buildings or structures being occupied as dormitories shall be performed at least once every twelve (12) mont}is. (3) Fire safety and property maintenance inspections of all multiple dwellings not included in paragraphs (1) or (2) of this subdivision, and all non - residential buildings, structures, uses and occupancies not included in paragraphs (1) or (2) of this subdivision, shall be performed at least once thirty -six (36) months. (b) Inspections permitted. In addition to the inspections required by subdivision (a) of this section, a fire • safety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Code Enforcement Officer or an Inspector designated by the Code Enforcement Officer at any time upon: (1) the request of the owner of the property to be inspected or an authorized agent of such owner; (2) receipt by the Code Enforcement Officer of a written statement alleging that conditions or activities failing to comply with the Uniform Code or Energy Code exist; or (3) receipt by the Codc Enforcement Ofrcer of any other information, reasonably believed by the Code Enforcement Officer to be reliable, giving rise to reasonable cause to believe that conditions or activities failing to comply with the Uniform Code or Energy Code exist; provided, however, that nothing in this subdivision shall be construed as permitting an inspection under any circumstances under which a court order or warrant permitting such inspection is required, unless such court order or warrant shall have been obtained. (c) OFPC Inspections. Nothing in this section or in any other provision of this local law shall supersede, limit or impair the powers, duties and responsibilities of the New York State Office of Fire Prevention and Control ( "OFPC ") and the New York State Fire Administrator under Executive Law section 156 -e and Education Law section 807 -b. (d) Fee. The fee specified in or determined in accordance with the provisions set forth in section 16 (Fees) of this local law must be paid prior to or at the time each inspection performed pursuant to this section. This subdivision shall not apply to inspections performed by OFPC. • SECTION 12. COMPLAmrs The Code Enforcement Officer shall review and investigate complaints which allege or assert the existence of conditions or activities that fail to comply with the Uniform Code, the Energy Code, this local law, or any other Page 13 of 30 TB 2 -8 -07 S local law or regulation adopted for administration and enforcement of the Uniform Code or the Energy 1' Code. The process for responding to a complaint shall include such of the following steps as the Code Enforcement Officer may deem to be appropriate: (a) performing an inspection of the conditions and/or activities alleged to be in violation, and documenting the results of such inspection; (b) if a violation is found to exist, providing the owner of the affected property and any other Person who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding in the manner described in section 15 (Violations) of this local law; (c) if appropriate, issuing a Stop Work Order; (d) if a violation which was found to exist is abated or corrected, performing an inspection to ensure that the violation has been abated or corrected, preparing a final written report reflecting such abatement or correction, and filing such report with the complaint. SECTION 13. RECORD KEEPING (a) The Code Enforcement Officer shall keep permanent official records of all transactions and activities conducted by all Code Enforcement Personnel, including records of: (1) all applications received, reviewed and approved or denied; (2) all plans, specifications and construction documents approved; (3) all Building Permits, Certificates of Occupancy, Certificates of Compliance, Temporary Cert- ificites, Stop Work Orders, and Operating Permits issued; (4) all inspections and tests performed; (5) all statements and reports issued; (6) all complaints received; (7) all investigations conducted; (8) all other features and activities specified in or contemplated by sections 4 through 12, inclusive, of this local law, including; and (9) all fees charged and collected. (b) All such records shall be public records open for public inspection during normal business hours. Ail plans and records pertaining to buildings or structures, or appurtenances thereto, shall be retained for at least the minimum time period so required by Suite law and regulation. SECTION 14. PROGRAM REVIEW AND REPORTING (a) The Code Enforcement Officer shall annually submit to the Town Board of the Town a written report and summary of all business conducted by the Code Enforcement Officer and the Inspectors, including a report and summary of all transactions and activities described in section 13 (Record Keeping) of this local law and a report . and summary of all appeals or litigation pending or concluded. Page 14 of 30 TB 2 -8 -07 40 (b) The Code Enforcement Officer shall annually submit to the Secretary of State, on behalf of the Town, on a form prescribed by the Secretary of State, a report of the activities of the Town relative to administration and enforcement ofthe Uniform Code. (c) The Code Enforcement O1Ticer shall, upon request of the New York State Department of State, provide to the New York State Department of State, from the records and related materials the Town is required to maintain, excerpts, summaries, tabulations, statistics and other information and accounts of the activities of the Town in connection with administration and enf wcemem of the Uniform Code, SECTION 15. VIOLATIONS (a) Compliance Orders. The Code Enforcement Officer is authorized to order in writing the remedying of any condition or activity found to exist in, on or about any building, structure, or premises in violation of the Uniform Code, the Energy Code, or this local law. Upon finding that any such condition or activity exists, the Code Enforcement Officer shall issue a Compliance Order. The Compliance Order shall (1) be in writing; (2) be dated and signed by the Code Enforcement Officer; (3) specify the condition or activity that violates the Uniform Code, the Energy Code, or this local law; (4) specify the provision or provisions of the Uniform Code, the Energy Code, or this local law which islare violated by the specified condition or activity; (5) specify the period of time which the Code Enforcement Officer deems to be reasonably necessary for achieving compliance; (6) direct that compliance be achieved within the specified period of time; and (7) state that an action or proceeding to compel compliance may be instituted if compliance is not achieved within the specified period of time. The Code Enforcement Officer shall cause the Compliance Order, or a copy thereof, to be served on the owner of the affected property personally or by certified rnail. The Code Enforcement Officer shall be permitted, but not required, to cause the Compliance Order, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, constriction superintendent, or their agents, or any other Person taking part or assisting in work being performed at the affected property personally or by certified mail; provided, however, that failure to serve anv Person mentioned in this sentence shall not affect the efficacy of the Compliance Order. (b) appearance Tickets. The Code Enforcement Officer and each inspector are authorized to issue appearance tickets for any violation of the Uniform Code, (c) Civil Penalties. In addition to those penalties proscribed by State law, any Person who violates any provision of the Uniform Code, the Energy Code or this local law, or any terns or condition of any Building Permit, Certificate of Occupancy, Certificate of Compliance, Temporary Certificate, Stop Work Order, Operating Permit or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this local law, shall be liable to a civil penalty of not more than 5200 for each day or part thereof during which such violation continues. The civil penalties provided by this subdivision shall be recoverable in an action instituted in the name of the Town. (d) Injunctive Relief. An action or proceeding may be instituted in the name of the Town in a court of competent jurisdiction, to prevent, restrain, enjoin, correct, or abate any violation of or to enforce, any provision of the Uniform Code, the Energy Code, this local law, or any term or condition of any Building Permit, Certificate of Occupancy, Certificate of Compliance, Temporary Certificate, Stop Work Order, Operating Permit, Compliance. Order, or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this local law. In particular, but not by way of limitation, where the construction or use of a building or structure is in violation of any provision of the Uniform Code, the Energy Code, this local law, or any Stop Work Order, Compliance Order or other order obtained under the Uniform Code, the Energy Code or this local law, an action or proceeding may be commenced in the name of the Town, in the Supreme Court or in any v other court having the requisite jurisdiction, to obtain an order directing the removal of the building or structure or an abatement of the condition in violation of such provisions. No action or proceeding described in this subdivision shall be commenced without the appropriate authorization from the Town Board of the Town. (c) Remedies Not Exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or • remedy available to address any violation described in this section, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this section, in section 6 (Stop Work Orders) of this local law, in any other section of this local law, or in any other Page 15 of 30 %f! TB 2 -8 -07 applicable law. Any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this section, in section 6 (Stop Work Orders) of this local law, in any other section of this local law, or in any other applicable law. In particular, but not by way of limitation, each remedy and penalty specilied in this section shall be in addition to, and not in substitution for or limitation of, the penalties specified in subdivision (2) of section 381 of the Executive Law, and any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any penalty specified in subdivision (2) of section 381 of the Executive Law. SECTION 16. FEES A fee schedule shall be established by resolution of the Town Board of the Town following a public hearing on at least ten (10) days prior notice. Such fee schedule may thereafter be amended from time to time by like resolution and public hearing. The fees set forth in, or determined in accordance with, such fee schedule or amended fee schedule shall be charged and collected for the submission of applications, the issuance of Building Pen-nits, amended Buildino Permits, renewed Building Permits, Certificates o1' Occupancy, Certificates of Compliance, Temporary Certificates, Operating Permits, fire safety and property maintenance inspections, and other actions of the Code Enforcement Officer described in or contemplated by this local law. SECTION 17. IN'TERMUNICIPAL AGREEMENTS The Town Board of the 'Town of Dryden may, by resolution, authorize the Town Supervisor of the Town of Dryden to enter into an agreement, in the name of the Town of Dryden, with other governments to carry out the terms of this local law, provided that such agreement does not violate any provision of the Uniform Code, the Energy Code, Part 1203 of Title 19 of the NYCIZR, or any other applicable law. SF...CTION 18, PARTIAL INVALIDITY If any section of this local law shall be held unconstitutional, invalid, or inelTective, in whole or in part, such determination shall not be deemed to affecL, impair, or invalidate the remainder ofthis local law. SECTION 19, REPEALER Upon the effective date of this local law, Local Law No. I of the year 1988 (a local law providing for the enforcement of the New York State Unifrrm Eire Prevention and Building Code) and Local Law No. 3 of the year 1992 (a local law pertaining to Permits, Inspections and Fees under the Uniform Fire Prevention and Building Code and other Ordinances and Local Laws), are hereby repealed_ SECTION 20. EFFEC141VE DATE This local law shall take elTect immediately upon filing in the office of the New York State Secretary of State in accordance with section 27 ofthe Municipal Home Rule Law. 2nd C1 Stelick Roll Call Vote CI Makar Yes Cl Christofferson Yes Supv Trumbull Yes Cl Stelick Yes C1 Sumner Yes The board discussed the following resolution for the fee schedule. RESOLUTION #48 - FEE SCHEDULE Cl Sumner offered the following resolution and asked for its adoption: Page 16 of 30 I. (A) TB 2 -8 -07 WHEREAS, proposed Local Law No. I of the year 2007 authorizes the Town Board to establish a fee schedule for permits required by such local law, and WHEREAS, certain other services performed by the Code Lnforcement Officer have not been subject to a tee because no provision had been made to collect a fee, NOW, THEREFORE, be it RESOLVED, that pursuant to the authority reserved to the Town Board in Local Law No. I of the year 2007, the Town Board hereby establishes the fallowing tec schedule for the activities described herein: Building permits. New construction: (i) One and two family dwellings; (a) One and two family homes including accessory structures constructed contemporaneously: First 1,500 square feet of area .......... ...,. . " ............... ,...,......... Each additional 1,000 square feet of area or fraction thereof ................. $375 $150 (b) Siting of a mobile home........................ ............................... $75 (ii) Multiple dwellings including accessory structures constructed contemporaneously: Each 1,000 square feet of area or fraction thereoff .............................. • S3 0 0 (iii)lnstallation ofan approved factory manufactured home: First dwelling unit or sleeping roof n ............. ............................... S150 Each additional dwelling unit or sleeping room ... ............................... $75 (iv) Garages, swimming pools, and other miscellaneous structures not constructed contemporaneously with the construction of a dwelling: Each 1,000 square feet of area or fraction thereof .............................. S75 (v) Sheds or other miscellaneous storage structures under 500 square feet.......,.,. $25 (vi) General building construction: Each 1,000 square feet of area or fraction thereof .............................. $300 (B) Additions, alterations and renovations: (i) Fees for projects which involve the alteration and /or renovation of an existing structure or a portion thereof as well as the construction of an addition onto the existing building shall be computed solely on the basis ofthe square. footage of the proposed addition. (ii) Additions: (a) One and two family dwellings: Each 1,000 square feet of area or fraction thereof.,,,,,,, .................... S150 (b) Multiple dwellings: Each 1,000 square feet of area or fraction thereof SJ00 • (c) Garages, swimming pools or other miscellaneous accessory structures: Each 1,000 square feet of area or fraction thereof ........................... $75 (d) General building construction: Page 17 of 30 Each 1,000 square feet of area or fraction thereof ............................ (iii) Alterations and renovations: (a) One and two family dwellings including structures accessory thereto........ (b) Multiple dwellings including structures accessory thereto: (1) ,Alteration or renovation to an electrical, heating,, ventilation, air conditioning or plumbing system or to any combination thereof.. J. !4. 5. (2) Other types of alterations or renovations including structural alterations or renovations: Coach dwelling unit or sleeping room to be altered or renovated............ (3) Alterations or renovation to an area not included as part ofa dwelling unit or sleeping room ...................... ............................... (c) General buildingconstruction: (1) Alteration or renovation to an electrical, heating, ventilation, air conditioning or plumbing system or to any combination thereof... (2) Other types of alterations or renovations including structural alterations or renovations: Each 1,000 square feet of area or fraction thereof ........................ Operating................................. ............................... Demolitionpermit......." I"$ ................... ........4.4...................4 Renewal of permits. 50 percent of whatever tee would be charged for a new permit. Miscellaneous inspx.ctions. (A) Miscellaneous inspections shall include all inspections of existing buildings which are requested by an owner, an owner's agent, a leasee, a tenant, or an occupant unless such request for an inspection is related to a complaint alleging Uniform Code violations. (B) One -and two - family dwellings or a portion thereof ............................... (C) Multiple dwellings: Each dwelling unit or sleeping room., . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Minimum fee $100 - Maximum fee $11000) (D) General building construction: Each 1,000 square feet of area or fraction thereof...... ........................ (Minimum fee $100 - Maximum fee S1.000) 6. Fees for Certificates of Occupancy or Comple�n. No fee shall be charged of occupancy or compliance when such certificate if issued for a structure or p demolition permit has been previously issued. In all other circumstances a fee in specified herein will be collected prior to the issuance of a certificate of occupancy or 7_ Certification of parcel with resnect to Flood Boundary and Floodway Boundary Map (FHBM) or Flood Insurance Rate Map (FIRM) .................... TB 2 -8-07 $300 $125 $300 $75 $300 E ME 1 $200 $50 $100 $25 $15 for the issuance of a certificate •oject for which a building or accordance with the schedule compliance. Man (14'f3FM), Flood Hazard $50 0 8. Refunds. If an application for a building or demolition permit is withdrawn prior to the cornmencement ofa review of such application, the applicant may receive. a refund of 100 percent of the fee paid. If a review of an application has been commenced prior to its withdrawal, or if an application is not approved after review, the applicant may receive a refund of 50 percent of the fee paid, provided no work has commenced. if wort: has Page 18 of 30 T13 2 -3 -07 ommenced, and the application is either withdrawn or not approved, any fees paid shall not be refunded. 0 and, be it FURTHI✓R RESOLVED, that the fees hereby established shall be effective upon the effective date of proposed Local Law No. 1 of the year 2007. 2114 Cl Stelick Roll Call Vote Cl Makar Yes Cl Christofferson Yes Supv Trumbull Yes Cl Stelick Yes Cl Sumner Yes `rhe public hearing on the fee schedule was set for March 8, 2007, at 7:15 p.m. at the Town Hall. Atty Perkins has reviewed the contract with the Computing Center. RESOLUTION #49 - APPROVE COMPUTING CENTER CONTRACT Cl Christofferson offered the following resolution and asked for its adoption: RF: SOLVED, that this Town Board hereby approves the contract with The Computing Center and the Supervisor is hereby authorized to sign the same. 211d Cl Sumner Roll Call Vote Cl Makar Yes Cl Christofferson Yes Supv Trumbull Yes Cl St click Yes Cl Sumner Yes With respect to the OCE service agreement, Atty Perkins said it needs to be clarified whether it is cancelable on 30 days notice, and there is a question of arbitration in Illinois. D Kwasnowski noted the software support by telephone has been excellent. After discussion, the board decided the contract was fine as is. RESOLUTION #50 - APPROVE OCE CONTRACT Cl Christofferson offered the follolaqng resolution and asked for its adoption: RESOLVU)p that this Town Board hereby approves the contract with OCE and the Supervisor is hereby authorized to sign the same. 2M Supv Trumbull Poll Call Vote Cl Makar Yes Cl Christofferson Yes Supv Trumbull Yes Cl Stelick Yes Cl Sumner Yes The board has received information on a local law the Village of Dryden is proposing that would increase sewer rents in the Cortland Road Sewer District, Atty Perkins has drafted Page 19 of 30 TES 2 -8 -07 a local law so the Town will stay on track with them if they raise their rates. The Village's public hearing is scheduled for February 15, and presumably the increase will take effect with the April billing. After discussion, the hoard decided to introduce the local law and schedule the public hearing for March 8, 2007 at 7:30 p.m., contingent on the Village passing their local law. RESOLUTION #51 - INTRODUCE LOCAL LAW REGARDING CORTLAND ROAD SEWER DISTRICT RATES Cl Christofferson offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby introduces the follo%ving local law and schedules the public hearing on the same for March 8, 2007, at 7:30 p.m. contingent on the Village of Dryden passing its local law for an increase in sewer rates: Proposed Local Law 2007 A local law amending Local Law No 2 of the year 2004 which (rc)established the Cortland Road Sewcr District Rent Law 2 Section 6(b) of Local Law No. 2 of the year 2004 is hereby amended by substituting for the table of amount of water usage and rate set firth in such section, the following table: AMOUNT OF WATER USA613 RATE Yes Cl Christofferson Yes Supv Trunbull Hirst 1250 gallons $ 46.25 (minimum bill) Sumner Yes Next 13750 gallons S 3.68 per thousand or part thereof Next 25000 gallons S 4.30 per thousand or part thereof Next 20000 gallons $ 4.61 per thousand or part thereof Next 40000 gallons S 4.93 per thousand or part thereof Thereafter S 5.24 per thousand or pail thereof This local law shall take effect upon tiling with the Secretary of State and for all billing periods which begin on or alder 2111 Cl Stelick Roll Call Vote Cl Makar Yes Cl Christofferson Yes Supv Trunbull Yes Cl Stelick Yes Cl Sumner Yes With respect to the manholes monitoring project in the Cortland Road Sewer District, Atty Perkins said they had received figures from Hunt Engineers on the savings to the district if the Town performed the work. The total materials cost: would be $71,500 and the work would be done with the Town's manpower. The low bid received for the project was $93,000, and we were unable to negotiate a reduction. Page 20 of 30 TB 2 -8 -07 RESOLUTION #52 - REJECT BIDS FOR CORTLAND ROAD SEWER FLOW MONITORING MANHOLES Cl Stelick offered the following resolution and asked for its adoption: WHEREAS, the Town of Dryden, on behalf of the Cortland Road Sewer District (CRSD), engaged HUNT Engineers, Architects & Land Surveyors, P.C. to prepare contract document~, technical specifications and drawings in connection with a oronosed installation of three Q) sanitary sewer flow monitoring manholes to measure wastewater flow from the CRSD into the Village of Dryden wastewater collection system ( "the project "), and WHEREAS, the Town, on behalf of the CRSD, heretofore advertised for bids for the project, and WHL"REAS, the "town received four (4) bids in response to its advertisement for bids, and WHEREAS, upon opening and reading the l'bur (4) bids on October 26, 2006 it appeared that G. DeVincentls & Son Construction, Inc,. was the lowest bidder and a Notice of Award was mistakenly signed by the town supervisor on November 1, 2006, prior to the award of the contract by the town board and as soon as that was discovered the successful bidder was notified of such mistake, and WHEREAS, following a public hearing on December 7, 2006, the. town board adopted Resolution No. 175 Whereby it awarded the contract for sanitary sewer flow monitoring manholes to G. DeVincentis & Son Construction, Inc., contin � a� nt upon satisfactoryy negotiation of a change order which would remove the short time constraints for completion of the project resulting in a project cost savings, and WHEREAS, subsequent negotiations with the apparent low bidder have not resulted in a satisfactory reduction in the proposed contract price, and WHEREAS, all the bidders proposed to furnish FRP flow monitoring manholes, complete with area/velocity and/or ultrasonic flow meters supplied by Burgh Sch cnenberger Associates, Inc., and WHEREAS, after consultation with the Town of Dryden Department of Public Works, it appears that such department is capable of performing the installation of such manholes, equipment and appurtenance furnished by such supplier, now therefore BE IT RESOLVED, that the town board of the Town of Dryden, on behalf of the CRSD, hereby rejects all bids submitted for such project, and be it further, RESOLVED, that such project. will not be re -bid, and WHEREAS, it appears that due to the highly specialized nature of the FRP flow monitoring manholes, area/velocity sensors and/or ultrasonic flow meters the same are available only from a single supplier, therefore, be it RESOLVED, that the purchase by the town of such FRP flow monitoring manholes, sensors and/or meters shall not be subject to competitive bidding or compliance with the Town of Dryden Procurement Policy. 2nd Cl Makar Roll Call Vote ZONING OFFICER C1 Makar Yes Cl Christofferson Yes Supv Trumbull Yes Cl Stelick Yes Cl Sutnner Yes Pave 21 of 30 TB 2 -8 -07 ZO Slater reported that work is proceeding on schedule with the new town hall. There is temporary heat in the building and concrete will be poured for the floors next: week, assuming the frost issue clears up. The frost is currently 24" deep. ZO Slater has been working on furniture needs for the new building with a vendor, McNamara Furniture Supply. They have helped him pick a line of furniture that is durable and consistent with the woods in the new building. With a list of needs from all departments he has come up with an estimate and will be sending it to the building committee soon for review. Once; the committee is comfortable with the list he would like to send out a request for proposals. Funds for furnishings have yet to be approved by the board. On January 13 Gina Prentiss of the Dryden Historical Society and Rick Lazarus, who is a historic preservation expert particularly for barns, visited the Tuttle property. They concluded that the original barn was actually built around 1800. It was the opinion of R Lazarus that the original barn could be separated out and restored. The foundation will need the most work. His opinion of the house was that it had been compromised too many times to be of any historical value. The foundation of the house may be utilized to repair the foundation of the barn. The Dryden Historical Society and Historic Ithaca have indicated a willingness to seek funding and possibly volunteers for renovation of the barn. If the house is demolished there will need to be an asbestos abatement survey because of the asbestos siding on the house. Mike Lane said the land is what is important, not the house. ZO Slater explained that: Civil Service classification for Tricia Strickland needed to be changed. RESOLUTION #53 - APPOINT PART -TIME TYPIST Cl Makar offered the following resolution and asked for its adoption: WHEREAS, the Town of Dryden has an established part. -time Typist position in accordance with applicable New York State laws and the Civil Service Rules for Tompkins County; and WHEREAS, said position is established in the non-competitive class pursuant to Section 44 of the Civil Service Law and the Civil Service Rules for Tompkins County; and WHEREAS, the Town has a high school student that is working part-time at the Town Hall as part of the Tech Prep Program. It has been brought to the Town's attention that. the title of Project Assistant is not appropriate for this position. The person occupying this position will now be classified as a part-time Typist. NOW, THEREFORE, BE rr RESOLVED, that this Town Board does hereby appoint, in accordance with applicable Civil Service laws, rules and regulations, Tricia Strickland to the non - competitive class status in the title: of part-time Typist. 2nd Cl Stelick Roll Call Vote Cl Makar Yes Cl Christofferson Yes Supv Trumbull Yes Cl Stelick Yes Cl Sumner Yes Page 22 of 30 "l'B 2-i1 -U7 ZO Slater provided the board with information regarding the need for a secretary in his department after Kris Strickland has moved into the code enforcement position. Fie asked them to review it for consideration at next month's board meeting. ENVIRONMENTAL PLANNER Dan Kwasnowski has provided the board with proposed resolutions for consideration in connection %%th formation of the special committee and charges to the Conservation Board and Planning Board, RESOLUTION 454 - CHARGE TO CONSERVATION BOARD Cl Stelick offered the following resolution and asked for its adoption: WHEREAS, the town board of the Town of Dryden adopted a Notice of Intent for Municipal Separate Storm Sewer Systems on March 5, 2003, and WHEREAS, the Notice of Intent, as part of an overall approach to complying with NYS DEC General Permit 02 -02, includes among other initiatives: ■ A riparian buffer program; ■ Developing a fill ordinance, and WHEREAS, General Municipal Law, Article 12 -F §239 b,e and g, authorizes the, town board to refer to the conservation board of the town of Dryden, by resolution, any other duties, tasks, or responsibilities and Local Law No. 4 of the year 2000 § 2.b. authorizing the conservation board to "Assist the Town Board and Town staff in the creation, improvement and implementation of plans and policies related to environmental protection and management, open space, natural areas and features, and agriculture" now, therefore, be it RESOLVED, that the town b the town Environmental Planner to and town board and implement the eventually be in a form for adoption it further oard hereby request provide professional strategies recited in by legislative action s that the conservation board utilize assistance to the conservation board the preambles hereto, such strategy to by the town board if necessary, and be RESOLVED, that the conservation board will coordinate its efforts with any Special Committee formed by the town board to initially review and provide comment upon said local laws and policy determinations, and be it further RESOLVED, that the conservation board will make periodic progress reports to any special committee formed for this purpose by the town board. 21111 Supv Trumbull Roll Call Vote Cl Makar Yes Cl Christofferson Yes Supv Trumbull Yes Cl Stelick Ycs Cl Sumner Yes RESOLUTION #55 - CHARGE TO PLANNING BOARD Cl Christofferson offered the following resolution and asked for its adoption: Page 23 of 30 TB 2 -8 -07 WHEREAS, the town board of the Town of Dryden adopted a (revised) Comprehensive Plan on December 8, 2005, and WHEREAS, the Comprehensive Plan, as part of an overall approach to accommodating anticipated future growth in population, recommends a holistic strategy that includes among other initiatives: ■ Encouraging higher density residential development in and around the existing village and hamlet centers of population; • Encouraging the use of cluster subdivision designs that create areas of permanent open spaces within future residential neighborhoods without reducing overall site density; • Directing future commercial development into existing village and hamlet downtown cores where practical, or into existing nodes such as the North Street area between '1'C3 and the village, and the corner of NYS Rte. 13 and Dryden Road (NYS Rte. 366); ■ Comprehensive changes to current regulations governing land use, and WHEREAS, the town board has appropriated funds in its 2007 budget for a consultant to assist the town in developing proposed local legislation to implement the aforesaid goals, and WHEREAS, Town Law 271(13) and (14) authorizes the town board to refer to the }Manning board of the town of Dryden, by resolution, any matter or class of matters for review and recommendations, now, therefore, be it RESOLVED that the town board hereby requests that: the planning board undertake a search for a person or firm to provide professional assistance to the planning board and town board, within the appropriation provided therefore, and develop a proposal to implement: the strategies recited in the preambles hereto, such strategy to eventually be in a form for adoption by legislative action by the town board, and be it further RESOLVED, that such proposal include a proposed timetable and projected cost of accomplishing the aforesaid strategy implementation, and be it further RESOLVED, that the planning board make a recommendation of a person or firm to assist the planning board and the town board or special committees formed by the town board in such endeavor in a timely manner, with final contract approval to be made by the town board, and be it further RESOLVED, ghat: the planning board will coordinate its efforts with any Special Committee formed by the town board to initially review and provide comment upon said local laws and policy determinations, and be it further RESOLVED, that the planning board will make periodic progress reports to any special committee formed for this purpose by the town board. 2m' Cl Stelick Roll Call Vote CI Makar Yes Cl Christofferson Yes Supv Trumbull Yes Cl Stelick Yes Cl Sumner Yes Page 24 of 30 '19B 2 -8 -07 D Kwasnowski reviewed the proposed resolution for the special committee and the board discussed it and what to call the special committee, finally deciding on "special committee"- I2.ESOLUTION #56 - APPOINT SPECIAL COMMITTEE upv Trumbull offered the following resolution and asked for its adoption= WHEREAS, the town board of the Town of Dryden adopted a (revised) Comprehensive Plan on D[rember 8, 2005, and WHl }l2LAS5 the Comprehensive Plan, ns part of an ovuraII approach to accommodating anticipated future growth in population, recommends a holistic strategy that includes among other initiatives. ■ Encouraging higher density residential development in and around the existing village and hamlet centers of population; ■ Encouraging the use of cluster subdivision designs that Create areas of permanent open spaces within future residential neighborhoods without reducing overall site dens ty, ■ Directing future commercial development into existing village and hamlet downtown cores where practical, or into existing nodes such os the North Street area bet.ween TGO and the village, and the corner of NYS Rf(L. 13 and Dryden Road (NO'S late_ 0661; * Comprehensive changes to Current regulations goveniing land uc, and WHEREAS, the town board of the Town of Dryden adopted a Notice of Intent for Municipal Separate Storm Sewer Sy steins on March 5, 200:x, and WHEREAS, the notice of Intent, as part of an overall approach to complying with NYS DEC General permit 0 -0, includes among ether initiatives; Developing local stormwater regulations For construction and illicit discharges; ■ A riparian buffer program; ■ Developing a fill ordinance, and WHEREAS, implementation of both the Corn preh en si ve Plan recommendations, and the Stormwater Management Prograrn Lath require meaningful and extensive public parilic:ipaiion, as well as the ability to elicit high levels of participation, and W1lEREAS, the token board appreciates the high levels of experieno(c and education found on the town's various boards, as well as their desire to volunteer their time in the pursuit of implementing these programs, resultirig in substantial savings 0 the town in consulting fees, and WHEREAS, , the town board wishes to initiate a public examination of the issues surrounding the proposed changes in land use regulations now, therefore, be it RESOLVED, the town board of the Town of Dryden hereby authorizes the Supervisor to form a Special Committee to cansist of the Supervisor as Chair) and two mernbers from each board to be selected by the Chair of each board and appointed by the Supervisor (i.e. two (2; members of the 'I'own Board, two () members of the Planning Hoard. two (2) members of the onscrvai.ion Soard, and two (2) members of the .oning Board of Appeals, acrd the Supervisor as Chair for a total of mine (9) members), and be it further Pale 25 of30 TB 2-8 -(i7 RESOLVED, the Special Committee is tasked herein to develop policy implementation strategies associated with the Town's Stormvater Management Program as described in the town's Notice of Intent filed with the NYS DEC on February 6, 2003, as well as general and prioritized initiatives as described in the Comprehensive Plan adopted on December 8, 2005 and described in the preamble, and be it further RESOLVED, the town board has hired specialized help in creating said stormw•ater regulations and will utilize this staff augmentation to implement the st:ormwater program, and be it further RESOLVED, the Special Committee will develop all local laws and town programs required to fulfill the Town's state mandated Stormwater Management Program under General Permit 02 -02 by January 8, 2008. This will involve final review and preparation for adoption of the required Local Laws for regulating stormwater discharges from construction sites and furthermore create administrative policies to implement and enforce such local regulations, and be it further RESOLVED, the Special Committee will coordinate and perform initial review of the zoning and land use reforms as recormended in the Comprehensive Plan. The Planning Board will further develop these recommendations as described in a separate resolution of the town board, into adoptable versions of law or policy analysis documents for Special Committee review, consideration and eventual recommendation to the Town Board, and be it further RESOLVED, the Special Committee will coordinate and perform initial review of a riparian buffer management program as adopted in the Town Notice of Intent filed with the NYS DEC on February 8, 2003. The Conservation Board will develop these recommendations as described in a separate resolution of the town board, into adoptable versions of law or policy analysis documents for Special Committee review, consideration and eventual recommendation to the Town Board, and be it further RESOLVED, both the Planning board and Conservation Board will make a timely submission to the Special Committee of prepared policy issues for review, comment and return for further clarification, and be it further RESOLVED, the Special Committee must complete the outstanding policy issues, and prepare the mandatory local law(s) in accordance with NYS DEC General Permit 02 -02 and t:he Notice of Intent, to the Town Board by November 2007 for adoption by January 8, 2008, and be it further RESOLVED, The Special Committee will be coordinated by the town Environmental Planner, who will prepare a report for recommendation to the Town Board by December 2007 describing the policy development to date, issues identified and addressed and recommended further action for 2008 as well as other items as identified by the Special Committee, or requested by the Town Board. The Environmental Planner will also be responsible for coordinating the efforts of hired specialists necessary for fulfilling this charge, as well as communicating and coordinating developing policy with specific affected populations in the Town, and for providing technical oversight for policy creation, and be it further RESOLVED, that the members of such special committee, unless otherwise defined as public officers, shall not constitute public officers and shall serve on such committee at the pleasure of the town board. • 2nd Cl Makar Roll Call Vote Cl Makar Yes Page 26 of 30 L- rG 2 -8 -07 C1 Christofla;rson Yes Supv T'rumbu11 Yes Cl Stelick Yes 1 Sumner Yes D Kwasnowski said he had been contacted by US GS regarding the aquifer- The Town's contract enda a year before the county study is done and they would like to adjust it so that everything ends at the same time U has some left over money from a project thew wi11 apply. to increasr; their share. 0 Kwasnowski askr;d the board to authorize the Supervisor to sign an agreement to that effect after Afty Perkins has reviewed and approved it. RESOLUTION #57 - AUTHORISE SUPERVISOR TO SIGN USGS AGREEMENT AMENDMENT Gi Christofferson offered the following resolution and asked for its adopilion- RESOLV61), that this Town Board hereby authorizes the Town Supervisor to sign an aunendment to the agreement with USGS reducing the cost by approximately $4500 and changing the ending date of the agree rricnt, subject to review and approval by the Town Attorney - 2nd Cl Stelick Poll Call Vote TOWN CLERK Cl Makar Yes Cl Christofferson Yes upv Trumbull Yes Cl Stelick Yep 1 Sumner Yes Town Clerk B Hallenbeck asked the board to approve the minutes of January 3 and January 11, 20079 RESOLUTION #58 - APPROVE MINUTES Supv'rrurrLbull offered the following resolution and at�kcd for its adoption: RESOLVED, that this Town Board hereby approves the town board minutes of January 3 and January 11, 2007. 21L1 Cl Chriv:of>"ergon Roll Call Vuf.te Cl Mak-ar Yes Cl Christofferson Yes SupvTrumbull Yes Cl S�eliek Yes CI Sumner Yes I3 Hollenbeck informed the board that. the Tornpkin5 Count}' Highway Manager had scheduled a public hearing on the abandonment of Cornelius Road for March 8, 2007, at :s0 p -m- at thr, Town Hall, juON prior to the nexC Town Board rn eetin9- DISCUSSION C Summer said she had attended the fire dcpari.rrien f/ legal issues training seminar last week. It was very informative and shy. is looking fon4rard to talking with Atty Perkins about some things regarding liability issues, She said it was very b-cneficial. Page 27 of 30 TB 2 -8 =07 The Eme y enc Services Committee met to try and delineate what they wanted to accomplish this year They plan to go the Chiefs' monthly meetings and the fire department board meclings. 'they want to establish a budget process that doesn't take anybody by surprise, and they want to move on that fairly quickly. They want to give some consideration for i:he funds that: were withheld from the Etna Deparimenl: l:his year to sell a standard for either giving it to them or awarding it to someone else or carrying it over to next year_ They W1 l try to develop a concise report of 1:he equipment and personnel in each department. The emergency services plan needs to be reviewed. The Tolam needs to be in a position to be proactive if Varna does propose to form a separaile districil and they will do some research on i.h a t_ Supv Trumbull reported that he has two people interested in the Town Historian position. One is a history major at Cornell, and 11he other is Susan Olmstead, a town resident_ Supv 'Trumbull will ask for resumes. CI u m nee- said that Judy Saul of Community Dispute resolution Center mailed a letter to all four fire departments asking to mte.1: with them. She met with ratan 11uffmanri of Varna and the other three departments declined to meet with her. Ci Sumner said the part she is really interested in is getting all & artmcnts together for a face -to -face meeting. She doesn't think it is going to work, but J Saul will be meeting TAith Cl Sumner, Cl Makar and Supv Trumbull probably February 16, She and CI Mokar have met with the departments to talk about what the problem really is and thinks if they talk with J Saul they can get a sense of where W go with that information_ Meeting with her one more time may be all they need to do. Supv Trumbull said if this doesn't work out, hiring a coordinator may be the next step_ isCl Sumtne:r Said a few things came to light and she feels the Town should be dealing more with the Boards of Directors than with the Chiefs. She is h()ping the emergency services committee can substitute for the paid position for this year at least. She doesn't have a positive Feeling about how the cl7is. L feel about the paid position_ CI Stelick said he agrees wUh Cl Surn ner that perhaps they don't need to fill the position now, but should leave it Cl pen. I will be a i'emporary position initially. Supv Trumbull said he is waiting for more information from the County on the beau tificallion grant, S upv Trumbull will contact them. Supv Trumbull said he has rtceivcd a request to renew the contract with Advantage Cleaning at 69 per {peek_ There have been some complaints about the work that is done, Supv Trumbull will ask D Bogdan to collect comments and complaints from employees then contact Advantage_ 'There will be. an RFP for this SerVICC for the new building. ICI Su.Truier and Cl Christofferson reported that the personnel committee had met. They will come up with a job desorption for the assistant in the upen?isor's office and would like to move forward with reviewing the personnel manual_ Th(;y will arrange a rneet-Ing for staff input and hope to have a recommendation to the board in June. They ww'i11 review jab descriptions and collect information about performance review processes and consult with the staff, D Kwasnowski reported that we will be receiving $20,000 in HY ERDA funding for the new town hall. C2 Makar reported the teclinoloQ� committee (he and C.l Christofferson) met on January 1$ and identified issues to work On as. cell phone:, broadband, Time Warner Contract, town web site and other carriers for land lines. 'Their mission is to provide better access to technologies for Dryden residents and to provide complete and timely information via our website and other technologies as available. Their goals are to= 1) write an RFP for the web Page 28 of 30 TI3 Zm8 =07 site; 21 write to cell phone companies to encourage growth in. Dryden; j support broadband development:, and 41 jTvisit the Time Warder contract, Highway Superintendent ,Jack Bush reported that the DPW Department will be moving the large rock from in back of the town hall to the front and put a plaque on it possibly referencing the old fairgrounds- 'They will also be installing curbing in front of the building and planting grass and frees- They expect to pave a 1 the new town hall around May 1. 4, 2.007 - They will continue with inst;Olation of the sewer lines. They will continue to work on the trail extension and bridge rehabilitation. They will be constructing a parking area in exchange for the land on route 366. There may be some work (pending decision by the Town Board) on the forrnc r Tuttle property. They will continue with mgular maintenance of the Jim Schug trail, Dryden Lake Park, Virgil Creek loam, old cemeteries and buildings and grounds- .1 Bush explained that he has been holding off as long 8-c4 possible but it is now time to hire an additional full time DPW person- In consultation with the Civil Service Office they have came up with a position of maintenance worker, which is non =CVMpe(itive, and no exam is necessary- There are currently two people in the 1) PW Department. One is a working supervisor and one is a r„ainrensncc worker- This would authorize a second maintenance worker position. There is money in the budg(.t for the position- Cl Christofferson suggested that in the future ncvw positions conic through the personnel committee prior to corning to the Tovwm Board. RESOLUTION 459 - AUTHCRI E MAINTENANCE WORKER POSITION Cl Sumner offered the following resolution and asked for its adoption: WHEREAS, the Town Highway Superinterrdent has shown the need for the creation of an additional full= time Maintenance Worker position in the Department of Public Works, and WHEREA S, % u c h need has been Fully explained to the Dryden Town Board NOWt THEREFORE, BE 1"]' RESOLVED, that the "Town of Drvden esl'abliShtrS a second full -time Maintenance Worker p) �itivn in accordance with applicable New York State laws and the Civil Scivice Rules for Tompkins County - 2nd Cl Stelick Roll Call Vote Cl Makar Yes Cl Chriatoffcr on Yes Supv Trumbull Yes Cl Stelick Yes Cl Sumnei- Yes The hoard briefly discussed what maintenance /preventative maintenance will be necessary for the new building and J Bush said he is working ors what his department will br able to provide in that respect, 0 Cl Makar asked shout striping of town roads and J Bush said that there are certain roads that am stri ped. The vendor tha11 vwa!5 supposed to do the :4l -nping this year had equipment problems and was unable to do the job. No other vendor w. as available to do the job- They should be able to accomplish it this surnrner- Page 29 of 30 TB m» 0 JBu has previously provided 50ar4 memo t a copy or his op §284 ahem t (Agrecmen t to S nd Hid way Fund g bF2O 07, ands mews it with the boar± RESOLUTION #60 - APPROVE §284 AGREEMENT e! offered te following resolution and asks for im adoption: RESOLVED, that this Town Boa-rdhere approvecs the Agreement to Spend Town Highway Funds $284 Agr(�eme t for 2007, 2111L Cl Sum IYumb=# Roll Call Vote Cl Makar Ye5 C| Christofferson s Sum Tru mb=[ YeN Cl Stelick Yes Cl Sumter Yes All Ward i-nernbers and the Highway Supey-intendent signed the egr meU. RESOLUTION 06i.APPROVE ABSTRACT *2 Makar ofs the b2o RresomHon and asked for its o a=: RESOD 6D,th k t a Town Boa rd #43tEro ugh #! , total i n $35 GOIR9 t d Sum Tr um bull Roll.Call Vote hrr l> approves Abstract , as audited, vouchers Cl mm r s Cl Christofferson s SSA Trumbull Yes Cl S @lick Yes U S-ornner Yes On inotion made, stc0=d ed. and una |mom sly carried, t the board moved i forte cuti e se s sion at 1m20 Rm. to disc u ss the o posed a cq m<ton of real proms r2 whcm publicity would subs3twitially affect the value thereof. No action was taken and the meeting wee adjourned at 10:40 mm. Eul)! submitted, Sams y 14ollenheck Town Clerk Page 30 of 30 r Neptune Hose Company No.1 Annual Report for 2006 Calls for Assistance Town Responses 177 70.80/( Village Responses 49 19.6% Other Responses 24 9.6% Total Calls for Assistance 250 6 EMS Assists 1 1 FAST Tearn Average Response Time 3.85 minutes 17 Average Firefighters per call 10 Haiardous Conditions *'Total Hours Expended 3,457 44 Search 2 Service Calls/Other *Alarm Responses, Public Eduealion,Recruilrnew, Public Outreach. Meetings Total Alarm Response Breakdown Automatic Alarm Activations - Farview Apartment Complex 25 - 47 Beam Hill (Unity House) 14 - Other Town & Villake 38 Total Automatic Alarm Activations 77 All other alarms Carbon Monoxide Detector 6 EMS Assists 1 1 FAST Tearn 2 Good Intent Calls 17 Grass/13rush Fires 10 Haiardous Conditions 29 Motor Vehicle Collisions 44 Search 2 Service Calls/Other 22 Structure Fire. 24 Vehicle Fire 5 Water Rescue Total Alarms 250 Training Breakdown Average Firefighters pier OSHA Training, 25 Average Firefighters per Monthly De t Trainin g 16 SCBA Certified Firefighters 29 - Interior SCBA 24 - Exterior SCBA 5 Breakdown of Training by Hours OSHA Trainin g 491 Departmental Trainin � 616 New York State Certified Courscs 659 Mandated NIMS ICS Courscs 365 Prep & Coordination Time for A11 1'rainin gs 225 Total Training Hours 2356 Total Number of Hours dedicated by the members in 2006' " Excluding administrative & management hours. 5 g13 s Neptune Hose Company No.1 Annual Report for 2006 Mutual Aid Breakdown Provided Mutual Aid To: Mutual Aid Response Breakdown Cortlandville 3 EMS Assists I Etna 15 FAST Team 2 Freeville 10 Fire Alarm Activation I Groton 4 Grass /Brush Fires 7 Harford 14 Hazardous Conditions 4 McLean 3 Motor Vehicle Collisions 7 Varna 4 Search I Virgil 3 Service Calls Other IS Total Incidents Provided Mutual Aid 51 Structure Fire 13 Total Alarms 51 Received Mutual Aid Breakdown Fire Alarm I Good Intent I Grass Fire 2 Hazardous Condition I Motor Vehicle Collision 4 Stricture fire 8 Vehicle Fire I Total Alarms 18 DRYDEN TOWN BOARD MEETL F.. Main St, Dryden, New York 13053 T hursday, February S, 2007 at 7:00 p.m. 1) CaII Meet ingto Ord er 2) fledge of Allegiance 3) Roll Call 4) Public Hear]rtg Presenter 5) Agenda item a) Fire Departments Chief b) ADC; Update A. Devhim b) Citizens Privilege 7) Token Highway SuperinEendent;Department of Public Works J Bush a) Agreement to spend Town Highway Funds S) County.Briefing County Repr, 9) Engineering A Sciarabba 10) Recreation Department J Dube 1) Attorney M Perkins a) Introduce Local Law (No. 1 -- 2007) Enforcement of Uniform Cade and set Public Hearing b) Introduce Resolution sating foes under Local Law (No_ l — 2007) and sct Public) iearIng c) approve Service and Support Conrract with The Corn putin Center ($4,000lyear) d) Approve Service/Support Agreement with 0 C ' — plotter and scanner 12) Zoning Officer M Slater a) Update on Town Hall 13) Environmental Planner D Kwasnowski a) Monthly Report 14) Town Clerk 3 Hoilenbeuk a) Approve Jan aary minutes 15) Discussion a) Emergency Services Committee Report b) Proposed C o m m u n ity Residence 242 Pinckney Road (13roome Developmental Disabilities Servic -e� Off]Ce) c) Dryden hiistorian d) resolutions for Local claw Comm ission F,) Cayuga Press —HUD Funds f) Emergency Services Coordinator Cazitinued on back g) Kin,derhook Development h) Old Tufile House i) Flow Monitor stations J) Beautification Grant k) Proposecl Rcsoiutiorn From tine County for non - interference of Emergency C oinmuiiication system 16) Approve Abstract # 2 1 7) Future Agenda Items l 8) Exiacutive Session - if necessary 2 -8 -07 SPEAKER SIGN IN SHE'E'T I you wish to address the Board under citizens privilege cif the floor please sign in below. Speakers will he lim rr ited to a niaximum of three iinutes. Please provide the Clerk with a written svrnrnary of your statement, Name Address 6LJ0 0 CG 04/27/2007 11:55:43 ro MONTHLY REPORT OF SUPERVISOR 0 TH E TOWS] BOARD OF THE Town of T)rvden: suant to section 12v of the Town Lawf T hereby render the followin; detailed °tatement of all moneys - eceived and aisbursad by ��te during tLae month of February, quo,,, DA'I -ED. April 27, 2007 SUPERVISOR Balance -- — Balance 01/31/2007 Increases Decreases 02/28/2007 A GENERAL FUND - TOWNWIDE 394,'19 344 -79 0 -00 CASH - CHECHING 2,769.14 22.37 313,9Q1 -63 0 -43 278,00 -16 2'76,386,07 38,6Ed -31 211 CASH - SAVINGS 6, 10;0, 046.93 171, 671.01 23,3+8 -52 3. 57 267 -96 CASH ° SAVINGS 6, 1;1,4 {;I,1- 9B PETTY CASH 640. 04 0 - 00 Q-00 6011, 00 PETTY CASH - POSTAGE 3,496.55 07.00 1,455.3 2, §40, 25 TOTAL 6, m,6, B'1n -�G 985, : 72,64 436, 330.76 6, 1r'6, n6-54 DA HIGHWAY TOWMIDE FUND 394,'19 344 -79 0 -00 6,595.63 22.37 CASH CHEC:ING 0 -43 397,79 2'76,386,07 6,2771 211 253,210.98 23,3+8 -52 CASH ° SAVINGS 1,655,083 -15 182,''22,51 140,249.69 1,136,35b -01 TOTA.T,, 1,6.:17, 99.38 459,114.58 3 3,760.31 i,753,739.59 40 GENERAL - OUTSIDE FUND CASH - CHE(:E TH(i 741 33 125.002 , 64 ? 1?, 84 9 - 73 b, 227.24 CASE - <AVINGS 458,579.p9 10?,x29.47 23, 626. 5J 598,281.75 PETTY CASH - POT`TAGE 318.83 0,00 9,28 21.55 D13 HIGHWAY OUTSIDE FUM CA31`1 - CHECKING CA ;H - SAVINGS SFI- DRYDEN FIRE DISTRICT CASH - CFF�CKING CASH - SAVIN;;5 TOTAL TOTAL SL1- VARNA LIGHTING DISTRICT CASH - "HFCKING CASH - SAVINGS TOT�.L ETNA LIGHTING DISTRICT CAS]i - CHEGKZNG CASH SAVIN'^ 468,972,35 3 -95 3166, 935 - 6" 16 -1e1 929,772 -29 228,331 -711 639.76 3,097.81 3,93,57 5,0070 -00 3,2?9 -78 112X523,52 708.01) 839.74 1,547.71 5,000.00 5r000-0Q X59,780.54 1.35,'15 869,451,97 ?69,333,69 15.14 23,062.07 527,788.43 8,299.78 10,0Q4.'0 923,073,21 4100 394,'19 344 -79 0 -00 6,595.63 22.37 397,79 6,2771 211 6,599 -0 367.16 663.x3 6,277.21 4100 265.78 265,78 5,554.23 38.92 265,8 5.307 -7 Page 1 ,M0N'fHLY REPORT OF SUPFRVISOR Page 2 y Balance 01131/2007 Increases Decreases aalance 02/29!2007 TTOTAL 5p554,23 284,70 531-56 5f30-7,37 SL3- MEAnOW /LEISURE LIGHTING DISTRICT CP,5H - CHE[KINIG 0100 21018 210.18 0100 C. A�Il - SAVINGS 4.27 , 2 .1,4.5a 210.18 4x0m. 3,59 TOTAL 9.279,22 224,73 420.3b 400 3 -59 SM AMBULANCE DISTRICT CASH - CHECKING 2 -92 6'1.47 67.97 2.92 CASH - SAV,T,NGS 479,'109.53 8,715155 67.97 481,357.01 TOTA.T, 479,112.47 1,''S3.02 139.94 461,360.55 S$1— SAPSUCRER SEWER LL UNITS CASH — CHECKING 0,00 330,6 330.69 0,00 CASH - SAVINGS 45,635,51 495111 0.00 46,133,92 TOTATf 45,636 -61 9 5.80 330 -69 16,133 -92 SS2� VARNA SEWER - UNITS CASH CHECKTNG O,02 6,363,30 n, 322.89 90,93 CASH - SAVINGS 1B9,353.42 67LIc 6,341 5 -6� iS3r379_0D 0 TOTAL 189,053,94 7,O39I46 12,568.58 i83,419.32 SS3� CORTLAND RD SEWER CASH - CHEC:KING 126.09 46x006 -3f :15,037.69 1x094.56 :ASH - SAVINGS 158,124.69 15,333.50 31,321_x0 182x136 -34 TOTAL 198x250,73 61,3'LA,85 76,359169 1113,2?0,90 SS4— MOMMY RUN SEWER CP.3H - CHECCIrIG 140.175 3, 832.36 3r774,79 157,67 CASH - SAVINGS 165,272.79 7.,41, -1,1 4,053.05 162,47.85 TQTKT, 165,372,V 5,073 -49 7,827.84 162,61E",52 SS5— TURKEY HILL SEWER CASH — CHECKTn[G 4,00 1,003.82 976 -64 26.98 CASIL - SAVINGS 148x290.2:1, 721.33 B10 -68 148,200.96 TOTAL 148x290 -31. 1,725.15 1, " ?V ,32 198,227.94 SS6— rZEECRINE HOLLOW SEWER CASH - CASH - C;HECFING 5- R6ZINGS 0,OC 89,743.: 293 -59 319.94 293.89 293.89 M 0.00 769, 38 TOTAL 8x,743,33 613.83 5B ?.78 89,769,38 SW1— VARNA WATER CASH - CASH - CHECHIt %]G SAVING5 6.17 279,094,91 2,050,23 1,31.8,21 2,050.57 1,721.71 5,90 2'77,�91,41 Page 2 M 0NT Ill LY REPORT OF SUPERVISOR Balance 01/31/2007 Increases Decreases Balance 02/28/2407 TOTAL 2+8,101,c8 ?,,'6�,4�1 3r 77 , 1 277,5x7,31 9W2— SNYDER HILL WATER CASH — C;HSC.'r{IpG O'45 73.24 3e197 CASH — SAVINGS 53,71,1 +_ :1 216.78 86.❑'7 53,644.35 TOTAL 53014,B? 328,54 160.11. 53,889.32 8W3- MONKEY RUN WATER CASH — CRECHING 2,31 2,513.20 68,53 1,929,98 CASH - SASVINGS 150.623,08 933,85 2.211,21 149,395r�6 TOTAL 1.S0 ,625_s9 3,517.0? 2,656r14 15:1,27.5.74 SW4° HALL ROAD WATER CASH — CHECKING 1,01 4,57 4,18 1.94 CASH — SAVINGS 23,898, "+4 85.46 4,57 23,979.63 TOTAL 23x699.75 90 -03 B r 7 5 23,931.03 SW5- TUMMY HILL WATER CASH — CKECHING i.5? 7,> Ill _i11, 7,079.62 38.86 CASH SAVINGS 153,669,6v ?r597.99 7,445 -18 1570 7 66 -66 TOTATl 103,686.22 8,664,60 19,525,34 157,825.52 PN brA THUR SPECIAL RESERVE CHECKING' — SPECIAL 2, 92Z, 90 0,00 G , 00 2f922,90 TOTim'&L- r 922. 90 0,00 0 , �0 2, 922.94 CD REHABILITATION LOANS AND GPANTS CASH — CHECKING 132,095 -97 4,02$,13 0,00 136,125.14 TOTAL 132,095,97 4,029 -13 0,00 1360125.10 H CAPITAL PROJECTS — TOWN HALL CASH — CHECKING 0.00 103003$_91 0.4Q 1030035,91 CASH - SAVINGS 2,478,590.14 70066 -03 103,036.31 1,982,519.26 TOTAL 2, 0;'8, 550.14 11.0, 102, 94 103, 03i5.91 , 0850 656, 17 TA AGENCY FCTNLF CASH — TRU$T S AGEs1CY 51, §49,42 105.i92,52 149, 958. 5D `1,143.25 TOTAL 51x449j_ 6 l v, 192. 52 ? 19, 495, 69 7,7.43.29 SS7— ROYAL ROAD SEWER SASH SF:VIIGS 7, "s, 913.56 47 r 98 0, w0 13, 461, - 54 TOTAL 13, 97 3.56 47 , 98 0. 01i 13e 4 51. 54 SW6- ROYAL ROAD WATER CASH - C;HECKTNG 0.22 7,65,61 1,61,.65 3,98 Page 3 MONTHLY REPORT OF SUPERVISOR Balance Balance 01/3112007 Inpres Decreases 02/28/2007 CASfl - SAVINGS 15.312,84 54 -1,8 16v.is 1 15,201.3 TOTAL ALL FUNDS TOT:.1. 15,313 -G2 219.x'9 32 11 .46 15,205 -35 11 , 31; , 971, 10 1 S Q, 105, 54 1„ 319, 4 i . 10 14, 498, 649.54 Page 4