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Home My WebLink About2008-01-020 0 TB 1 - -08 TO WN OF DR MEN TOWN BOARD IdEETING January 2, 2008 Present; Supervisor Mary Ann SurnneT, Cl Stephen Stelick, Jr., Cl Joseph Solomon, Cl David Makax, OZ Jason Leifer Elected Officials: Bambi L_ Hollenbc:ck, 'Town Clerk Jack Bush, Highmray Superintendent Other Town Staff_ Mahlon Rr Perlinda, Town Attorney Andrew Sciarabba, TO Miller Engineers Supxr Sumner opened the meeting at 7:05 p.m_ and board members and guests recited the pledge of allegiance, Supv Stininer noted this is the first meeting in the flown of Dryden led by <1 woman Supervisor. She thanked Eleanor Roosevelt and Bella Abzug and other women who have inspired her. She said she lonks formard to an exciting couple of years and hopes to get a lot done for the Town of Dryden. Cl Makar a.rid Ol Solomon were sworn in by Town Clerk Bambi Hallenbeck. RESOLUTION #1- APPOINT JASON LEIFER TO TOVI N BOARD Cl Sumner offered the following resolution and asked for its adoption; RESOLVED, that this Town Board hereby appoints Jason Leifer to fill the town board seat vacated by Mary Ann Sumner until Demrnber 31, 2008_ 2R'' Cl Makar Roll Call date Cl Stelick Ycs Cl Solomon Yes Supv Sumner 'Yes Cl Makar Yes Jason Leifer was sworn in by Town Clerk B Hollenbeck, PUBLIC HEARING PROPOSED LOCAL LAW TO PROHIBIT ILLICIT DISCHARGES, ACTIVITMS AND 00NNE TIONS TO SEPARATE STORM SEWER SYSTEM apv Sumner opened the public hearing at TO 10 p.m, and Town Clerk B Hollenbeck read the notice published in The fthaA n .fvumaL follows: The board began its organizational duties. RESOLUTION # - RULES OF PROCEDURE RESOLVE[), that this 'town Board use Town Law e-otion 63. That section reads as Page I of 24 4 40 .• _0 L 1m 1 -2-08 "The supervisor, when present, shall preside at the meetings of the town board. In the absence of the supervisor, the other members shall designate one of their members to act as temporary chairman. A majority of the board shall constitute a quorum for the transaction of business, but a lesser number may adjourn. The vote upon every question shall be taken by ayes and noes, and the names of the members present and their votes shall be entered in the minutes. Every act, motion or resolution shall require for its adoption the affirmative note of a majority of all the members of the town board. The board may determine the rules of its procedure, and the supervisor may, from time to time, appoint one or more committees, consisting of members of the board, to aid and assist the board in the performance of its duties. 211d Cl Makar Roll Call Vote Cl Stelick Yes Cl Solomon Yes Supv Sumner Yes Cl Makar Yes Cl Leifer Yes RESOLUTION #3 - MILEAGE Cl Makar offered the following resolution and asked for its adoption: RESOLVED, that mileage will be paid to Town officials and employees when using their own car for official town business (other than town meetings or travel to and from the job site) at the rate set by the Internal Revenue Service and 'Treasury Department. 21,x} CI Stelick Roll Call Vote Cl Stelick Yes Cl Solomon Yes Supv Sumner Yes Cl Makar Yes Cl Leifer Yes Supv Sumner said she had received a very nice letter from The First National Bank of Dryden asking to be designated again as the official depository for the Town and she met with Mr. Denniston this morning. RESOLUTION #4 - DESIGNATE OFFICIAL DEPOSITORIES Cl Stelick offered the following resolution and asked for its adoption: RESOLVED, that the Town Board designate The First National Bank of Dryden and the Tompkins Trust Company as the official depositories for the Town of Dryden for the year 2008. 2«d Cl Makar Roll Call Vote Cl Stelick Yes Cl Solomon Yes Supv Sumner Yes Cl Makar Yes Cl Leifer Yes RESOLUTION #5 - AUTHORIZE SIGNATURES ON ACCOUNTS Cl Stelick offered the following resolution and asked for its adoption: Page 2 of 24 .rB 1 -2.08 RESOLVED, that this Town hoard hereby authorizes the following individuals to sign on Town of Dryden accounts: Mary Ann Sumner, Bambi L. Hollenbeck, and Patricia C. Millard. 211° Cl Solomon Doll Call Vote Cl Stelick Yes Cl Solomon Yes Supv Sumner Yes CI Makar Yes Cl Leifer Yes RESOLUTION #6 - OFFICIAL ADVERTISING Cl Makar offered the following resolution and asked for its adoption: RESOLVED, that this Town Board designate The Ithaca Journal for official newspaper of the Town of Dryden for the year 2008, 2nd Cl Stelick Roll Call Vote C1 Stelick Yes Cl Solomon Yes Supv Sumner Yes CI Makar Yes Cl Leifer Yes RESOLUTION #7 - ADVANCE PAYMENT OF UTILITIES Cl Stelick offered the following resolution and asked for its adoption: RESOLVED, that this Tovvvn Board authorize the Supervisor to pay in advance of the audited claims the utility bills, all claims to be presented at the next regular board meeting. 2,)d Cl Solomon Roll Call Vote Cl Stelick Yes Cl Solomon Yes Supv Sumner Yes Cl Makar Yes Cl Leifer Yes RESOLUTION #8 - PETTY CASH Cl Stelick offered the following resolution and asked for its adoption: RESOLVED, that this Town Board authorize a petty cash fund for the Town Clerk not to exceed $100.00, and Receiver of Taxes and Assessments not to exceed $200.00, as needed for postage, and Justice's petty cash fund not to exceed $100.00, and for the Recreation Department not to exceed $200.00 for the year 2008. 2nd Cl Solomon Roll Call Vote Cl Stelick Yes Cl Solomon Yes Supv Sumner Yes Cl Makar Yes Cl Leifer Yes Page 3 of 24 TB 1 -2 -08 Supv Sumner explained that one of the appointments made in the past was for Service Officer and Fire Warden. She said the Supervisor must act as Service Officer which means she is responsible for planning for and coordinating action in the event of a forest fire. The Supervisor is empowered to appoint a Fire Warden and she would like to appoint a fire chief. Because she has not yet spoken with the fire chiefs she asked that they wait on that appointment until next Wednesday. RESOLUTION #9 - APPOINTMENTS Cl Stelick offered the following resolution and asked for its adoption: RESOLVED, that this Town Board appoint the following: Town Supervisor has the power and duties of administration and supervision of the Town of Dryden on Special Assessment Fund functions to be performed on behalf of the Town Board, Town Supervisor is authorized to pay Fire & Ambulance Contracts Town Supervisor has the power and duties of administration and supervision of the Town of Dryden on Special Improvement District functions to be performed on behalf of the Town Board. Bambi I„ Hollenbeck as Receiver of Taxes and Assessments Bambi L. Hollenbeck as licensor for Games of Chance and Bingo. Henry Slater as Subdivision Control Officer and Multiple Residence Inspector. Zoning Office personnel as Bingo Inspector ($150 annual salary) Barbara. Caldwell as Planning board Chair ($400 annual salary) Oers Kelemen as ZBA Chair ($400 annual salary) Craig Schutt, Conservation Board Chair ($400 annual salary) O Susan Olmstead as Historian ($400 annual salary) 2 "d Cl Leifer Roll Call Vote Cl Stelick Yes Cl Solomon Yes Supv Sumner Yes Cl Makar Yes Cl Leifer Yes RESOLUTION #10 - APPOINT TOWN Cl Makar offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby appoints TG Miller PC as Town engineers and that they % %ill be consulted on an as needed basis. 2^id Cl Solomon Roll Call Vote Cl Stelick Yes Cl Solomon Yes Supv Sumner Yes Cl Makar Yes Cl Leifer Yes Supv Sumner said that new this year, because the Deputy Supervisor may become a paid position, we need to create the position in order to file for an exemption from Civil Service. ® RESOLUTION # 11 - CREATE POSITION OF DEPUTY SUPERVISOR Cl Solomon offered the following resolution and asked for its adoption: Page 4 of 24 TB 1 mM8 WHEREAS, the Town Supervisor has shown the need for the creation of a Deputy Supervisor position in the Town of Dryden, and NOW, THEREFORE, BE IT RESOLVED, that the Town of Dryden establishes the position of Deputy Supervisor in accordance with applicable New York State laws and the Civil Service Rules for Tompkins County: 2nd Cl Makar Roll Call Vote Cl Stelick Yes Cl Solomon Yes Supv Sumner Yes C1 Makar Yes Cl Leifer Yes Because the secretarial position held by Deb Hattery until December 31. was a temporary position, a confidential secretary position had not been created. The Supervisor would now like to make that position permanent and will need a resolution to do so. RESOLUTION #12 - CREATE POSITION OF CONFIDENTIAL SECRETARY Cl Makar offered the following resolution and asked for its adoption: WHEREAS, the Town Supervisor has shown the need for the creation of a Confidential Secretary position in the Supervisor's Office, and WHEREAS, the Town Board may by resolution authorize the Supervisor of the Town to designate a Confidential Secretary (Town Law §29(l5)), and NOW, THEREFORE, BE IT RESOLVED, that the Town of Dryden establishes a Confidential Secretary position in accordance with applicable New York State laws and the Civil Service Rules for Tompkins County. 2nd Cl Stelick Roll Call Vote Cl Stelick Yes Cl Solomon Yes Supv Sumner Yes Cl Makar Yes Cl Leifer Yes RESOLUTION #I$ - ANNUAL SALARIES FOR TOWN OFFICERS Cl Stelick offered the following resolution and asked for its adoption: RESOLVED, that the annual salaries for Town Officers as stated in the 2008 General Town Budget be as follows: Supervisor Councilman (4) Town Clerk Highway Superintendent Town Justice (2) Deputy Supervisor $16,873 $231637 ($5,909.25 each) $25,805.52 $59,086 $35,076 ($17,538 each) $3,000 Page 5 of 24 TB 1 -2 -U8 BE IT FURTHER RESOLVED, that the Supervisor be authorized to pay the above salaries. 2nd Cl Makar Roll Call Vote Cl Stelick Yes Cl Solomon Yes Supv Sumner Yes Cl Makar Yes Cl heifer Yes RESOLUTION #14 - ANNUAL SALARIES Cl Makar offered the following resolution and asked for its adoption: RESOLVED, that the Town Board does hereby adopt the 2008 wages that were discussed and agreed upon during the budget process. 2 11d Cl Stelick Roll Call Vote Cl Stelick Yes Cl Solomon Yes Supv Sumner Yes Cl Makar Yes Cl Leifer Yes RESOLUTION # 15 - CONTRACTS Cl Stelick offered the following resolution and asked for its adoption: RESOLVED, that this Town Board contract with the following: Mahlon Perkins as the Attorney for the Town at an annual contract amount of $28,500 (paid monthly) to do regular agreed upon Town business, with other business and reimbursable business at the rate of $1.80 per hour, when signed contract received. Randall Marcus - Attorney for Zoning Board of Appeals - paid monthly at a rate of $21.0 - 225/h.r S.P.C.A. - $28,127.76 paid monthly. Gadabout at a rate of $6,500 - when funds are available, when signed contract received T.C. Seniors - $3,600 - when funds are available, when signed contract received Dryden Seniors - $500 - when fiends are available, when signed contract received Southworth Library - $12,000 - when funds are available, when signed contract received Women's Opportunity Center of Tompkins Center - $500 - when funds are available, when signed contract received Dryden Historical Society - $1,100 - when funds are available, when signed contract received And the Supervisor is authorized to sign the contracts. 2nd Cl Solomon Roll Call Vote Cl Stelick Yes C1 Solomon Yes Supv Sumner Yes Cl Makar Yes Cl Leifer Yes Page 6 of'24 TS 1 -2 -0 RESOLUTION # 16 - APPOINT BUDGET OFFICERS CI Stelick offered the following resolution and asked for its adoption: RESOLVED, that Mary Ann Sumner be named Budget Officer and that Dawn Bogdan be named Co- Budget Officer for the year 200$. 2nd Cl Leifer Roll Call Vote Cl Stelick Yes Cl Solomon Yes Supv Sumner Yes Cl Makar Yes 1 Leifer Yes RESOLUTION 017 - APPOINT PLANNING BOARD Ol Stelick offered the following resolution and asked for it% adoption. RESOLVED, that this Town Board reappoint Thomas Ha trio ld to the Town of Dryden Planning Board whose term gill expire on December 31, 2014, 2nd Cl Makar Boer(] . Roll Call Vote Ol Stelick Yes Cl Solomon Yes Supv Sumner Yes C1 Makar Yes Cl Keifer Yes upv Sumner said teal, Tom Hatfield has been a valuable member of the Planning The board discussed appointing Mark May bury to the Zoning Board of Appeals, but after discussion, decided to wait until they had an application to review. RESOLUTION #1S - APPOINT CONSERVATION BOARD MEMBERS Cl Stelick offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby m.appoints Craig Scutt, Nancy Mun ken beck and Steve 8issen to serve on the Conservation Board for terms to expire December 31, 2010. 111t Cl Solomon Roll Call Vote Ol Stelick Yes Cl Solomon Yes Supv Sumner Yes Cl Makar Yes Cl Leifer Yes RESOLUTION #20 - APPOINT RECREATION PARTNERSHIP REPRESENTATIVE Cl Stelick offered the follovAng resolution and asked for its adoption: RESOLVED, that this Towm Board hereby appoints Melissa Biancuni to serve as Its representative on the Recreation Partnership. 2nd Cl Solomon Page 7 of 24 TB 1.2 -08 Roll Can Vote Cl Stelick Yes Cl Solomon Yes Supv Sumner Yes C;1 Makar Yes Cl Leifer Yes RESOLUTION #21 = APPOINT YOUTH COAMnSSION MEMBER Cl Makar offered the fallowing resolution and asked for its adoption; RESOLVED, that this Town Board hereby reappoints InShik Lee to the Dryden Youth Commission with a term to expire December 31, 2010. nr' Cl Leifer Roll Call Vote I Stelick Yes Cl Solomon Yes Supv Sumner Yep C~1 Makar Yes 1 Leifer Yes RESOLUTION 022 = VOUCHERIINVOICE SUBMISSION DEADLINES RESOLVED, that vouchers /invoices shall be submitted W the Supervisor's Office for processing a.nd payment one week prior to the regularly scheduled board meeting each month as follows: Voucher /Invoice Submission Deadline Dates (by Noon] For Abstract Date: Friday, January 4, 2008 Wednesday, January 9, 2008 Friday, February 8, 2008 Wednesday, February 13, 2008 Friday, March 7, 2008 Wednesday, March 1 , 2008 Friday, April 4, 2008 Wednesday, April 9, 2008 Friday, Mav 9, 2008 Wednesday, May 14, 2008 Friday, June 6, 2008 Wednesday, June 11, 2008 Thu rsdav, July 3, 2008 Wednesday, July 9, 2008 Friday, August 8, 2008 Wednesday, August 13, 2008 Friday, September 5, 2008 Wednesday-, September 10, 2008 Friday, October 3, 2006 Wednesday, October 8 2008 Friday, November 7, 2008 Wednesday, November 12, 2008 Friday, December 5, 2008 Wednesday, December 10, 2008 DafF, for submission Of vouchers for abstract 13 to be determined, cheek with bookkeeper toward the end of December_ RESOLUTION #23 = MANDATORY JUSTICE SCHOOLING Cl Stelick offered the folloWing resolution and asked for its adoption= R2S0LVEI}, that the Justices be authorized to attend training schools during the year and be reimbursed for actual expenses_ 2na C1 Keifer Roll Call Vote Cl Stelick Yes Page 8 ol� 24 TB 1=2=08 Cl Solomon Yes Supv Sumner Yes Cl Makdr Yes Cl Leifer Yes RESOLUTION #24 = DMESTMENT POLICIES / GUIDELINES FOR TOWN OF DRYDEN 1 Stelick offered the following resolution and asked for its adoption; RESGLVW, that the objectives of the Investment policy of the Town of Dryden are to minimize risk; to insure that investments mature when the cash is required to financx: operations; and to insure a competitive rate of return. In accordance with this policy, the Supervisor is hereby authorized to invest ail] funds including proceeds of obligations and reserve funds in: = Certificates of Deposits issued by a 13ank or trust company authorized to do lousiness in New York State; Time Deposit Accounts in a batik or trust company authorized to do business in New York State: Obligations of New York State; Obligations of the United States Government; Only reserve funds may he invested in Obligations of the Town of Dryden. All other Local Oaveriunent officials receiving money in their official capacity must deposit such funds in negotiable order of withdrawal accounts. All investments made pursuant to this investment policy shall comply with the fallowing conditions; 1, COLLATERAL a. Certificates of Deposits shall be fully secured by insurance of the Federal Deposit Insurance Corporations or by obligations of New York State or abligations of the United States or obligations of federal agencies, the principal and interest of which are guaranteed by the United States, or obligations of New York State local governments. Oollabernal Nhall be delivered to the Town of Dryden or a custodial bank, The market value of collateral shall at all times equal or exceed the principal amount of the certificate of deposit. Collateral shall be monitored no less frequently than quarterly, b. Collateral shall not be required with respect to the direct purchase of obligations of New York Mate, obligations of the United States, and obligations of federal agencies the principal and interest of which arc guaranteed by the United States Government. . L)FEL1 ERY OF SE CUR191ES a, Payment shall be made by or on behalf of the Town of 1) ryden for obligations of New York State, the principal and interest of which are guaranteed by the United States, United States Obligations, certificates of deposits, and other purchasf,•d securities upon delivery thereof to the custodial bank. All transactions shall be confirmed in laTiting. 3_ WRITTEN CONTRACTS a. Written contracts may be required for the purchase of all certificates of deposit. 4. DMOVATION OF CUSTODIAL 13ANK page 9 of 24 TB 1-2-08 a- ThC First National Bank of Dryden and Tompldns Trust Company, both authorized to do business in the State of New York, and having an office for the transac_6on in the ToTan of Dryden, are designated to act as custodial banks of the Town of Dryden's investments. 5. PINANCIAI, STRENGTH OF FUST[TUTION ;�_ All trading partners must be credit worthy. Their financial statements may be reviewed annually by the Supervisor to detennitne satisfactory financial strength (fir the Supervisor may use credit rating agencies to determine credit worthiness. b. Investments in time deposits and certificates of deposits are to ba made wit. banks or trust companies. Their annum report may be reviewed by the Supervisor to determine satisfactory financial strength, 6. OPERATIONS, AUDIT AND REPORTING a. The Supervisor or Deputy Su peivisor shall autho rim the purchase and :gale and execute contracts for Certificates of deposit on behalf of the Town of Dryden. b, At the time independent auditors conduct the annual audit of the accounts and financial affairs of the Town of Dryden, the independent auditors shall audit the investments of the Town of Dryden for compliance with the provisions of this investment policy_ c. Within sixty (60) days of the end of each of the first three quarters of the fiscal year, the ilpervisor shall prepare and submit to the Town Board a quarterly investment report, which indicates the new investments, the inventory of existing investments, and such other matters as the Supervisor deems appropriate. d. Within 120 days of the end of the fiscal year, the Su pervisor shall prepare and submit to the Town Board an annual investment report; recommendations for change in these investment guidelines; the results of the annual independent a -Qdit, the investment income record; and such other matters as the Supervisor deems appropriate, At least annually, at the Organizational meeting of the Dryden "sown Board, the board shall review and amend, if necessary these investment policies_ The provisions of these Investment Guidelines and any amendments hereto shall take effect prospectively and shall not invalidate the prior selection of any Custodial Bank or pri or investment. 2nd Cl Solomon Roll Call Vote Cl Stelick Yes Cl solornon Yes Supv Sumner Yes Cl Makar Yes Cl Keifer Yes RESOLUTION 425 - TOWN OF DRYDEN FAIR HOUSING OFFICER Cl Solomon offered the following resolution and asked for its adoption: RESOLVED, that this Town 13oa.rd designate Code Enforcement Officer Henry Slater as the Fair Housing Officer to coordinate all actions of the Fair Housing Plan. 2A CI Stelick Doll Call Vote Cl Stelick Yes Cl Solornon yCs upv Surriner Yes Cl Makar Yes Page 10 of 24 TB 1 -2 -08 Cl [ Xifer Yes The board discussed when they would have their regular monthly meetings and the second Wednesday was suggested_ Cl Ste lick noted that would conflict with the Music in the Park concerl's in Jurne, July and August. Cl Makar said Music in the Hollow is held on Thursday nights. Supv Sumner said they could discuss moving the meeting date later in the }Fear_ RESOLUTION 426 - TOWN BOARD MEETING SCHEDULE Cl Stelick offered the following resolution and asked for its adoption= RESOLVED, that this Dryden Tawas Board vAU hold its regular monthly meetings on the SuQund Wednesday of each month at 7;00 p.m - at the Town Hall, 93 .bast Main Street, Dryden_ 2,,,' Cl Leifer Roll Call Vote Cl Steliik Yes Cl Salomon Yes Supv SumnFr Yes Cl Makar Yes Cl Leifer YCs RESOLUTION #27 - VEHICLE BENEFIT Cl Stelick offered the following resolution and asked for its adoption: RESOLVED, that the Dryden Town Board authorize the Highway Superintendent and Deputy Highway Su perintendent the use of town vehicies as long as they are clearly marked with the Town of Dryden logo and provided they are not used for personal user other than travel to and from work_ 2nd Cl Solomon Roll Call Vote Cl Stelick Yes Cl Solomon Yes Supv Sumner yes Cl Makar Yes C1 1xifer Yes RESOLUTION #28 - REQU"T EXTENSION TO FILE ANNUAL REPORT Cl Ste lick offered the following resolution and asked for its adoption: F QLVEDr that this Town Scpard authorize the Town �xpervisar to LFr'it� to the New York Sate Office of the Stag: Comptroller and request a 60 day extension for the filing of the `2007 annual report, if necessary. 1 "1 Cl Makar Roll Gall dote C1 Stelick Yes Cl Solomon Yes Supv Sumner Yes Cl Makar Yes Cl Leifer Yes The board discussed committee assignments for the coming year_ Page 11 of 24 Bookkeeper to ------- - - - - -- ---------------- - - - - -� Deputy Supervisor---------------------------------------------- Finance Committee--------------------------------------------- Highway & Public Works Liason------------------------------ Assessment Review Committee------------------------------- Representative Planning Representative to Zoning Board of Appeals----------- - - - - -- Representatives i10 Emergency Services Committee ------------------------------- Recrealion /youth /Community Center ornm�ttee-- - - - - -- Community Block Grant Review & Grants Comrr�--- - - - - -- 12ep to M i'() Pvlkcy Comen. ittee-------------------------- - - - - -- Repto ITCTC ---------------------------------------------------- Human Resources Committee -------------------------------- Representative to Conservation Board---------------- - - - - -- Representative to Cayuga Lake Watershed 10------- - - - - -- Liaison Officer to Bolton Point -------- Sewer & Water Committee------------------------------------ Rep to Tompkins County Council of Gavts----------------- Rep to Tompkins Council of Governments---------- - - - - -- Technology Oonunittee---------------------------------- - - - - -- TB 1 -2 -08 _Da.wn Bogdan rDavid Makar _David Makar, ,Jason Leifer .Jae Solomon .Steve Stelick, ,Jason Leifer .Joe Solomon The proposed action invohvcs .Joe Soloman of adoption of a local law entitled ' A .Jasori Leifer Hew Highways. in th(. -L Town of Dryden." .David Makar, Joe Solomon .Steve Stelick, Jason Leifer _David Makar, Jason Leifer ,Supv Sumner ,Supv Sumner .Steve Stelick, Jason Leifer .David Makar _Dan KwasTlowsld Supv Sumner & Steve Lipinski _Steve Stelick, Joe Solomon .Supv Sumner .Supv Sumner .David Makar, Jason Leifer Sulav Sumner said that Ron Denniston had expressed interest in the Finance Committee and she may invite him to join it_ Supv Sumner closed the public hearing at 7:57 p.m. and the board reviewed th(.- snort. environmental assessment form_ RESOLUTION #30 - NEG SEQ>R DEC - LOCAL LAW TO PROHIBIT ILLICIT DISCHARGES AND CONNECTIONS TO THE HUMCIPAL SEPARATE STORM SEWER IM;SR) C1 Stelick offered the following resolution and asked for its adoption= HEREA , A. The proposed action invohvcs consideration of adoption of a local law entitled ' A Local Law Estabhshiug Specifications for Hew Highways. in th(. -L Town of Dryden." B_ The proposed action is an Unlisted Action for which the Tawas Board of the Town of Dryden is the lead agency for the purposes of uncoordinated environmental review in connection with approval by the Town. C, The Town Board of the Town of Dryden, in performi.rng the lead agency, function for its independent and uncoordinated environmental review in accordance with Article 8 of the New York State Environmental Conservation Lbw , the State Environment l Quality Review Act "(SEQRJ, (i) thoroughly reviewed the Short Environmental Assessment Form {the 'Short EAF "), Part I, and any and all other documents prepared and submitted with respect to this proposed action and its environmental review, (ii) thoroughly analyzed the potential relevant areas of environmental concern to determine if the proposed action may have a significant adverse impact on the environment, including the criteria identified in 6 NYCRR 517.7{cl, and (iii) completed the Short EAF, part II; NOW, THEREFORE, BE IT RESOLVED AS VOLLOWS: Page 12 of 24 TB 1 -2 -08 1. The Town Board of the Town of Dryden, based upon (i) its thorough review of the Short EAF, Part I, and any and all other documents prepared and submitted with respect to this proposed action and its environmental review, (ii) its thorough review of the potential relevant areas of environmental concern to determine if the proposed action may have a significant adverse impact on the environment, including the criteria identified in 6 NYCRR §617.7(c), and (iii) its completion of the Short EAF, Part II, including the findings noted thereon (which findings are incorporated herein as if set forth at: length), hereby makes a negative determination of environmental significance ( "Negative Declaration") in accordance with SEQR for the above referenced proposed action, and determines that neither a full Environmental Assessment Form, nor an Environmental Impact Statement will be required, and 2. The Responsible Officer of the Town Board of the Town of Dryden is hereby authorized and directed to complete and sign as required the determination of significance, confirming the foregoing Negative Declaration, which fully completed and signed Short EAF and determination of significance shall be incorporated by reference in this Resolution. 2nd Cl Makar Roll Call Vote Cl Stelick Yes Cl Solomon Yes Supv Sumner Yes Cl Makar Yes Cl Leifer Yes RESOLUTION #31 - LOCAL LAW TO PROHIBIT II.LICIT DISCHARGES AND CONNECTIONS TO THE MUNICIPAL SEPARATE STORM SEWER (MS4) OSupv Sumner offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby adopts the proposed local law referred to as "A local law to prohibit illicit discharges and connections to the Municipal Separate Storm Sewer (MS4)" as follows: Town of -Dryden Local Law to Prohibit Illicit Discharges, Activities and Connections to Separate Storm Sewer System Table of Contents SECTION1. PURPOSE/ 1NTEN-1 ....... .................................................................................................. ............................... 14 SECTION2. DEFINITIONS ................................................................................. ................1.............. .......0111.................... 14 SECTION SECTION SECTION5. SECTION SECTION SECTION 3. 4. 6. T 8. APPLICABILITY,.,",".,., ............ .................. ..................... ............... ........... go@ RESPONSIBILITY FOR ADMINISTRATION ............................................................. ............................... SEVERABILITY ............................................................................... ............................... ..................1.....1....18 DISCHARGE PROHIBIT IONS ..................................................................................... ............................... PROHIBITION AGAINST ACTIVITIES CONTAMINATING STORM WATER ..... ......6 ........................ PREVENTION, CONTROL, AND REDUCTION OF STORMWATER POLLUTANTS BY THE 18 18 18 l9 USE OF BEST SECTION SECTION MANAGEMENT PRACTICES,,,,,,,,,, ............. &49,0,8', ......... ............. 11111114.4..& 9. SUSPENSION OF ACCESS TO MS4 ........................................................................... ............................... 10, INDUSTRIAL OR CONSTRUCTION ACTIVITY DISCHARGES ........................... ............................... 19 20 20 Page 13 of 24 TB 1 -2 -08 SEC'T'ION SECTION 1 I. 12. ACCESS AND MONITORING OF DISCHARGES .................................................... .............................20 NOTIFICATION OF SPILLS ....................................................................................... ............................... 21 SECTION SECTION 14. 15, APPEAL OF NOTICE OF VIOLATION ..................................................................... .....................4.....4... CORRECTIVE., MEASURES AFTER APPEAL. ........................ ........................... ,, .............. 22 22 SECTION 16. INJUNCTIVE RELIEF... .................... ......................... 400,88.04 ................................ .......... 23 SECTION SEC'T'ION 17. 18, .............. ............................... ALTERNATIVE REMEDIES....","",""", ....................... lessie, ..................... ..23 VIOLATIONS DEEMED A PUBLIC NUISANCE..,.,.,.... ......................... 11.1 ..... ................................. 23 SECTION SECTION20, 19, REMEDIES NOT EXCLUSIVE .................................................................................. ............................... EFFEC'T'IVE DATE. I I I I I 11 6 1 11 1 . I . . . . . . . . . . . . . . . . . . 9.0.948g,00, . . . . . . . . . . . . . . . . . . . . . . . . . . . . I I .......................................................... 23 23 Town of Dryden Local Law to Prohibit Illicit Discharges, Activities and Connections to the Separate Storm Sewer System Proposed Local Law Number 1. of the Year 2008. Be it enacted by the Town Board of the Town of Dryden as follows: SECTION 1. PURPOSE /INTENT. The purpose of this law is to protect the health, safety, and general welfare of the citizens of the Town of Dryden through the regulation of non- stormwater discharges to the municipal separate storm sewer system (MS4) and surface waters to the maximum extent practicable as required by federal and state law. This law establishes methods for controlling the introduction of pollutants into the MS4 in order to comply with requirements of the SPDES General Permit for Municipal Separate Storm Sewer Systems. The intent of this law is: 8 Li To meet the requirements of the SPDES General Permit for Stormwater Discharges from the MS4 (Permit No. GP- 02 -02); 1.2 To regulate the introduction of pollutants to the MS4 since such systems are not designed to accept, process or discharge non- stormwater wastes; L3 To prohibit illicit discharges, activities and connections to the MS4 and surface waters; 1.4 To establish legal authority to carry out inspection, surveillance and monitoring procedures necessary to ensure compliance with this law; and 1.5 To promote public awareness of the hazards involved in the improper discharge of trash, yard waste, lawn chemicals, pet waste, wastewater, grease, oil, petroleum products, cleaning products, paint products, hazardous waste, sediment and other pollutants into the MS4 and surface wagers. SECTION 2. DEFINITIONS. Whenever used in this law, unless a different meaning is stated in a definition applicable to only a portion of this law, the following terms will have meanings set forth below: 2.1. Best Management Practices (BMPs). Schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs also include treatment practices, operating Page 14 of 24 TB 1 -2 -08 procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage. 2.2 Clean Water Act. The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.).. 2.3 Construction Activity. Activities requiring authorization under the SPDES Permit GP- 02-01 for stormwater discharges from construction activity. These activities include construction projects resulting in land disturbance of one or more acres. Such activities include but are not limited to clearing,grubbing, grading, excavating, and demolition. 2.4 Department. The New York State Department of Environmental Conservation. 2.5 Hazardous Materials. Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise improperly managed. 2.6 Illicit Connections. Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the MS4 or surface water, including but not limited to: 2.6.1. Conveyances which allow any non - stormwater discharge including treated or untreated sewage, process wastewater, and wash water to enter the MS4 or surface water Qand anv connections to the storm drain system or surface water from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved; or 2.6.2. Drains or conveyances connected from a commercial or industrial use to the MS4 or surface water which have not been shown on Town- approved plans, maps, or equivalent records. 2.7 Illicit Discharge. Any direct or indirect non - stonnwater discharge to the MS4 or surface water, except those exempted in Section 6 of this law. 2.8 Individual Sewage Treatment System. A facility serving one or more parcels of land or residential households, or a private, commercial or institutional facility, that treats sewage or other liquid wastes for discharge into the groundwaters of New York State, except those for which a permit for such a facility is required under the applicable provisions of Article 17 of the Environmental Conservation Law, 2.9 Industrial Activity. Activities requiring the SPDES Permit GP -90 -03 for discharges from industrial activities except construction. 2.10 MS4. Municipal Separate Storm Sewer System. 2.11 Municipal Separate Storm Sewer System. A conveyance or system of conveyances (including roads with drainage systems, streets, catch basins, curbs, gutters, ditches, man -made channels, or storm drains): Page 15 o f 24 TB 1-2-08 2.1 1.1. Owzied or operated by the 'Town of Dryden; 2.11.2 Designed or used for collecting or conveying stonnwater; 2.11.3 Which is not a combined sewer; and 2.11.4 Which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40CFR 122.2 2.12 Town. The Town of Dryden, Tompkins Country, New York. 2.13 Non - Stormwater Discharge. Any discharge to the MS4 or surface water that is not composed entirely of stormwater. 2.14 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, and acting as either the owner or the owner's agent. 2.15 Pollutant. Any material which may cause or might reasonably be expected to cause pollution of the waters of the state in contravention of the standards, including but not limited to: dredged spoil, filter backwash, solid waste, incinerator residue, treated or untreated sewage, detergents, automotive fluid or residue, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, industrial waste, municipal waste, agricultural waste, or ballast discharged into water. 2.16 Premises. Any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking areas. 0 2.17 Special Conditions. 2.17.1 Discharge Compliance with Water Quality Standards. The condition that applies where the town has been notified that the discharge of stormwater authorized under its MS4 permit may have caused or has the reasonable potential to cause or contribute to the violation of an applicable water quality standard. Under this condition the town must take all necessary actions to ensure future discharges do not: cause or contribute to a violation of water quality standards. 2.17.2 303(d) Listed Waters. The condition in the town's MS4 permit that applies where the MS4 discharges to a 303(d) listed water. Under this condition the stormwater management program must ensure no increase of the listed pollutant of concern to the 303(d) listed water. 2.17.3 Total Maximum Daily Load (TMDL) Strategy. The condition in the town's MS4 permit where a TMDL including requirements for control of stormwater discharges has been approved by EPA for a waterbody or watershed into which the MS4 discharges. If the discharge from the MS4 did not meet the TMDL stormwater allocations prior to September 10, 2003, the municipality was required to modify its stormwater management program to ensure that reduction of the pollutant of concern specified in the TMDL is achieved. 2.17.4 The condition in the town's MS4 permit: that applies if a TMDL is approved in the future by EPA for any waterbody or watershed into which an MS4 discharges. Under this condition the municipality must review the applicable TMDL to see if it includes requirements for control of stormwater discharges. If an MS4 is not meeting the TMDL stormwater allocations, the town must, within six (6) months of the TMDL's approval, modify its stormwater management program to ensure that reduction of the pollutant of concern specified in the TMDL is achieved. Page 16 of 24 TB ) -2 -Os 2.18 State Pollutant Discharge Elimination System (SPDES) Stormwater Discharac Permit. A permit issued by the Department that authorizes the discharge of pollutants to waters of the state. 2.19 Stormwater. Rainwater, surface runoff, snowmelt and drainage. 2.20 Stormwater Management Officer (SMO1. An employee of the town or town officer designated by the Town Boardto enforce this local law. The SMO is also designated by the gown to accept and review stormwater pollution prevention plans, forward the plans to the applicable board and inspect stormwater management practices. 2.21 Surface Waters. Surface Waters of the State of New York. 2.22 Surface Waters of the State of New York. Lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic ocean within the territorial seas of the state of New York and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, public or private (except those private waters that do not combine or effect a junction with natural surface or underground waters), which are wholly or partially within or bordering the state or within its jurisdiction. Storm sewers and waste treatment systems, including treatment ponds or lagoons which also meet the criteria of this definition are not waters of the state. This exclusion applies only to manmade bodies of water which neither were originally created in waters of the state (such as a disposal area in wetlands) nor resulted from impoundment of waters of the state. 2.23 303(d) List. A list of all surface waters in the state for which beneficial uses of the water (drinking, recreation, aquatic habitat, and industrial use) are impaired by pollutants. The list isprepared periodically by the Department as required by Section 303(d) of the Clean Water Act. 303(d) listed waters are estuaries, lakes and streams that fall short of state surface water quality standards and are not expected to improve within the next two years. 2.24 TMDId. Total Maximum Daily Load. 2.25 Total Maximum Daily Load. The maximum amount of a pollutant to be allowed to be released into a waterbody so as not to impair uses of the water, allocated among the sources of that pollutant. 2.26 Wastewater. Water that is not stormwater, is contaminated with pollutants and is or will be discarded. 2.27 Wetland. Any area which meets one or more of the following criteria: 2.26.1 Lands and waters that meet the definition provided in New York State Environmental Conservation Law, Article 24, "Freshwater Wetlands Act." The approximate boundaries of such lands and waters are indicated on the official wetlands map promulgated by the Commissioner of the New York State Department of Environmental Conservation, or as amended and updated. 2.26.2 Areas which meet the definition used by the US Army Corps of Engineers and US Environmental Protection Agency. "Areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas." Page 17 of 24 TB 1 -2 -08 aSECTION 3. APPLICABILITY. This law shall apply to all stormwater and wastewater entering the MS4 or surface waters generated on any lands within the town unless explicitly exempted. SECTION 4. RESPONSIBILITY FOR ADMINISTRATION. The Stormwater Management Officer shall administer, implement, and enforce the provisions of this law. Such powers granted or duties imposed upon the SMO may be delegated in writing by the SMO as authorized by the town. SECTION 5. SEVERABILITY. The provisions of this law are hereby declared to be severable. If any section, provision, clause, sentence, or paragraph of this law or the application thereof to any personpremises or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this law. SECTION 6. DISCHARGE PROHIBITIONS. 6.1 Prohibition of Illegal Discharges. No person shall discharge or cause to be discharged into the MS4 or surface waters any materials other than stormwater except as exempted in Section 6.1.1. The commencement, conduct or continuance of any illegal discharge to the MS4 or surface water is prohibited, except as exempted in Section 6.1.1.: 0 6.1.1. The following discharges are exempt from the discharge prohibitions established by this local law, unless the Department or the town has determined them to be substantial contributors of pollutants: public water line flushing or flushing of other potable water sources, landscape irrigation or lawn watering, existing diverted stream flows, rising ground water, uncontaminated ground water infiltration to storm drains, uncontaminated pumped ground water, foundation or footing drains, crawl space or basement sump pumps, air conditioning condensate, irrigation water, springs, water from individual residential car washing, natural riparian habitat or wetland flows, dechlorinated swimming pool discharges, residential street wash water, water from fire fighting activities, and any other water source not containing pollutants. 6.1.2 Discharges approved in writing by the SMO to protect life or property from imminent harm or damage, provided that, such approval shall not be construed to constitute compliance with other applicable laws and requirements, and further provided that such discharges may be permitted for a specified time period and under such conditions as the SMO may deem appropriate to protect such life and property while reasonably maintaining the purpose and intent of this local law. 6.1.3 Dye testing in compliance with applicable state and local laws is an allowable discharge, but requires a verbal notification to the SMO prior to the commencement of the test. 6.1.4 The prohibition shall not apply to any discharge permitted under a SPDES Permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the Department, provided that the discharger is in full compliance with all requirements of the permit, waiver, or Page 18 of 24 TB 1 -2 -08 order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the MS41 6.2 Prohibition of Illicit Connections. 6.2.1 The construction, use, maintenance or continued existence of illicit connections to the MS4 or to surface water is prohibited. 6.2.2 This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. 6.2.3 A person is considered to be in violation of this local law if the person connects a line conveying sewage to the municipality's MS4 or to surface water, or allows such a connection to continue. SECTION 7. PROHIBITION AGAINST ACTIVITIES CONTAMINATING STORMWATER 7.1 Activities that are subject to the requirements of this section are those types of activities that. 7. L l Cause or contribute to a violation of the town's MS4 SPDES Permit. 7.1.2 Cause or contribute to the town being subject to the Special Conditions as defined herein. 7.2 Such activities may include failing individual sewage treatment systems as defined herein, improper management of animal waste, excessive application of fertilizer or pesticides not in accordance with label directions, storage of such materials where they are exposed to stormwater, or any other activity that causes or contributes to violations of the town's MS4 SPDES Permit. 7.3 Agricultural activities are exempt from regulation under this section if they: a) meet the requirements of any applicable agricultural regulations; and b) are participating in the Agricultural Environmental Management program or otherwise applying current agricultural best management practices; or c) are determined to be sound agricultural practices, as described in the New York Agriculture and Markets law. 7.4 Upon notification to a person that he or she is engaged in activities that cause or contribute to violations of the town's MS4 SPDES Permit, that person shall take all reasonable actions to correct such activities such that he or she no longer causes or contributes to violations of the town's MS4 SPDES Permit. SECTION 8. PREVENTION, CONTROL, AND REDUCTION OF STORMWATER POLLUTANTS BY THE USE OF BEST MANAGEMENT PRACTICES. 8.1 Best Management Practices. Where the SMO has identified illicit discharges or activities contaminating stormwater the town may require implementation of Best Management Practices (BMPs) to control such illicit discharges and activities. 8.1.1 The owner or operator of a commercial or industrial establishment shall provide, at their own expense, reasonable protection from accidental discharge of Page 19 of 24 TB 1 -2 -08 isprohibited materials or other wastes into the MS4 or into surface waters through the use of $MPs. 8.1.2 Any person responsible for a premises or operations, which are, or may be, the source of an illicit discharge or an activity contaminating stormwater, may be required to implement, at said person's expense, additional SMPs to reduce or eliminate the source of pollutant(s) to the MS4 or to surface waters. 8.1.3 Compliance with all terms and conditions of a valid SPDES Permit authorizing the discharge of stormwater associated with industrial activity, to the extent practicable, shall be deemed compliance with the provisions of this section. SECTION 9. SUSPENSION OF ACCESS TO MS4. 9.1 The SMO may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, to the health or welfare of persons, or to the MS4. The SMO shall notify the person of such suspension within a reasonable time thereafter in writing and the reasons for the suspension. If the violator fails to comply with a suspension order issued in an emergency, the SMO may take such steps as deemed necessary to prevent or minimize damage to the MS4 or to minimize danger to persons. 9.2 Suspension due to the detection of illicit discharge. Any person discharging to the town's MS4 in violation of this law may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. The SMO shall notify a violator 0 in writing of the proposed termination of its MS4 access and the reasons therefor. The violator may petition the SMO for reconsideration and a hearing. Suspension of the termination to MS4 access may be lifted by the SMO if the SMO finds that the illicit discharge has ceased and the discharger has taken steps to prevent its recurrence. Access may be denied if the SMO determines that the illicit discharge has not ceased or is likely to reoccur. Such determination shall be in writing. It is a violation of this local law if a person discharges to the town's MS4 after termination pursuant to this Section, without the prior written approval of the SMO. SECTION 10. INDUSTRIAL OR CONSTRUCTION ACTIVITY DISCHARGES. Any person subject to an industrial or construction activity SPDES stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the town prior to the allowing of discharges or as a condition of continuing discharges to the MS41 SECTION 11. ACCESS AND MONITORING OF DISCHARGES. 11.1 Applicability. This section applies to all facilities that the SMO must inspect to enforce any provision of this law, or whenever the SMO has cause to believe that there exists, or potentially exists, in or upon any premises any condition which constitutes a violation of this law. 11.2 Access to Facilities. ® 11.2.1 The SMO shall be permitted to enter and inspect premises subject to regulation under this law as often as may be reasonably necessary to determine compliance with this law. If a discharger has security measures in force which Page 20 of'24 r f I B 1 -2 -08 require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to the SMO. 11.2.2 Facility operators shall allow the SMO reasonable access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records as may be reasonably required to enforce this law. 11.2.3 The town shall have the right to install or establish on any premises subject to this law, such devices as are reasonably necessary in the opinion of the SMO to conduct monitoring and /or sampling of the premises' stormwater discharge. All expenses in connection with the installation, monitoring and maintenance of such equipment shall be the responsibility of and paid for by the discharger. 11.2.4 The town may require premises subject to this law to install monitoring equipment as may be reasonably necessary to determine compliance with this law. The premises' sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy. All expenses in connection with the installation, monitoring and maintenance of such equipment shall be the responsibility of and paid for by the discharger. 11.2.5 If the SMO has been refused access to any part of the premises from which stormwater is discharged, and the SMO is able to demonstrate probable cause to believe that there may be a violation of this law, or that there is a need to inspect and /or sample discharges to verify compliance with this law or any ® order issued hereunder, then the SMO may seek a search warrant from any court of competent jurisdiction. SECTION 12. NOTIFICATION OF SPILLS. Notwithstanding other requirements of law, as soon as any person responsible for premises or operations, or responsible for emergency response for premises or operations has information of any known or suspected release of materials which results or may result in illegal discharges or pollutants discharged into the MS4 or a surface water, said person shall take all necessary steps to ensure the containment and cleanup of such release. In the event of such a release of hazardous materials said person shall immediately notify the relevant emergency response agencies of the occurrence, and then notify the SMO as soon as possible. In the event of a release of non - hazardous materials, said person shall notify the SMO in person or by telephone or facsimile no later than the next business day. Notifications in person or by telephone shall be confirmed by written notice addressed and mailed to the SMO within three business days of telephone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on- site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years. SECTION 13. ENFORCEMENT. 13.1 Notice of Violation. When the SMO finds that a person has violated a provision of this law, the SMO may order compliance by written notice of violation to such person. Such notice may require, ® without limitation: 13. 1.1 The elimination of illicit connections or discharges; Page 21 of 24 TB 1 -2 -08 13.1.2 That violating discharges, practices, or operations cease and desist:; 13.1.3 The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property; 13.1.4 The performance of monitoring, analyses, and reporting. (All expenses in connection with the installation, monitoring and maintenance of such equipment shall be the responsibility of and paid by the discharger); 13.1.5 Payment of a fine; and 13.1.6 The implementation of source control or treatment BMPs. If abatement of a violation and /or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further provide that, should the violator fail to remediate or restore the affected property within the established deadline, the work may be done by the town or other governmental agency, or by a contractor and the expense thereof shall be charged to and payable by the violator. 13.2 Penalties. In addition to or as an alternative to any other penalty or remedy provided herein or by law, any person who violates the provisions of this local law shall be guilty of a violation punishable by a fine not exceeding three hundred fifty dollars ($350) for conviction of a first offense; for conviction of a second offense both of which were committed within a period of five years, punishable by a fine not less than three hundred fifty dollars nor more than seven hundred dollars ($700) and upon conviction for a third or subsequent offense all of which were committed within a period of five years, punishable by a fine not less than seven hundred dollars nor more than one thousand dollars ($1000) or imprisonment for a period not to exceed six months, or both. For the purposes of conferring jurisdiction upon courts and judicial officers generally, a third violation of this local law shall be deemed an unclassified misdemeanor and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation. SECTION 14. APPEAL OF NOTICE OF VIOLATION. Any person receiving a Notice of Town Board within 15 days of the within 30 days after the filing c decision shall be filed in the office by certified mail to the discharger. Violation may appeal the determination of the SMO to the receipt of such Notice. The Town Board shall hear the appeal if the appeal. Within five days of making its decision, the of the town clerk and a copy of such decision shall be mailed SECTION 15. CORRECTIVE MEASURES AFTER APPEAL, 15.1 If a violation has not been corrected pursuant to the requirements set forth in the Notice of Violation, or, in the event of an appeal, within five (5) business days of the filing of the decision of the Town Board upholding the decision of the SMO, then the SMO may enter the subject premises, and take any and all measures reasonably necessary to abate the violation and /or restore the affected property. ® 15.2 if the SMO is refused access to the subject premises, the SMO may seek an injunction in a court of competent jurisdiction authorizing entry upon the premises to determine whether the violation continues. Upon determination that a violation is continuing, the Page 22 of 24 0 16B 1 -2-MS SMO may seek further injunctive relief in order to take any and all measures reasonably necessary to abate the violation and /or restore the affected property. The cost of implementing and maintaining such measures shall be the sole responsibility of the violator. SECTION 16. INJUNCTIVE RELIEF. It shall be unlawful for any person to violate any provisions of this law or fail to comply with any of the requirements of this law. If a person has violated or continues to violate the provisions of this law, the SMO may petition a court: of competent jurisdiction for a preliminary or permanent injunction restraining the person further violations or compelling the person to perform abatement or remediation of violations. SECTION 17. ALTERNATIVE REMEDIES. 17.1 Where a person has violated a provision of this law, they may be eligible for alternative remedies in lieu of a civil penalty, upon recommendation of the Town Attorney and concurrence of the SMO, where: 17. 1.1 Yes The violation was unintentional 17.1.2 Yes Supv Sumner The violator has no history of previous violations of this law. 17.1.3 Makar Yes Environmental damage was minimal. 17.1.4 Yes Violator acted promptly to remedy the violation. 17.1.5 Violator cooperated in investigation, abatement and remediation. 17.2 Alternative remedies may consist of one or more of the following: 17.2.1 Attendance at a compliance workshop(s); 1.7.2.2 Storm drain stenciling or storm drain marking; 17.2.3 River, stream or creek cleanup. SECTION 18. VIOLATIONS DEEMED A PUBLIC NUISANCE. In addition to the enforcement processes and penalties provided herein, any condition caused or permitted to exist in violation of any of the provisions of this law is a threat to public health, safety, and welfare, and is declared and deemed to be a nuisance, and may be abated or restored at the violator's expense, by a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance. SECTION 19. REMEDIES NOT EXCLUSIVE. The remedies listed in this law are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the sole and absolute discretion of the SMO whether to seek cumulative remedies. SECTION 20. EFFECTIVE DATE. This Local Law shall be effective upon filing with the office of the Secretary of State. 2nd Cl Stelick Roll Call Vote Cl Stelick Yes Cl Solomon Yes Supv Sumner Yes Cl Makar Yes Cl heifer Yes Page 23 of 24 TB 1 -2 -08 Supv Sumner shared a letter she received from Dryden Ambulance. They report they experienced a 21% increase in calls in 2007. Total number of volunteer hours for the year is 12,396, an increase of over 1,600 hours from last year. Clayton Bronson says this is why they won the 2007 CNY EMS Agency of the Year. Don Scutt thanked the board for the hours they put in and said they do a wonderful job. He said he considers Jason Leifer a friend and is glad he joined the board. He also said that he didn't: think the interests of the public was necessarily served with this appointment because he doesn't necessarily agree with the mechanics of the process. He would like the board to develop a process for appointing a member to the board and would personally like to see it offered to the person with the next highest number of votes in the election. He doesn't think the people's wishes were necessarily honored, and would like a clearer process developed, in writing, for the future. Supv Sumner said the board would take a look at that, but added that it is legally a board appointment. She said she did ask around quite a bit whether other people were interested, but it was just networking, they didn't advertise it. D Scutt suggested that the process be made a local law, and that the position first be offered to the candidate receiving the next highest number of votes for that position. Supv Sumner said no one else expressed an interest in being appointed, which surprised her. 0 D Scutt said he is sure that Jason Leifer would do a good job, but would like to see some protocol. Supv Sumner said a good time to take it up is before it: becomes necessary again. There being no further business, the meeting was adjourned at 8:10 p.m. Respectfully submitted, /1, �f4f I Bambi L. Hollenbeck Town Clerk Page 24 of 24