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Home My WebLink About12-19-2007DECEMBER 19, 2007 5:00 P.M. z(2 1 1 The Regular Meeting of the Town Board of the Town of Cortlandville was held at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, with Supervisor Tupper presiding. Members present: Supervisor, Richard C. Tupper Councilman, Theodore V. Testa Councilman, Edwin O'Donnell Councilman, Ronal L. Rocco Councilman, John C. Proud Town Clerk, Karen Q. Snyder Others present were: Town Attorney, John Folmer; Town Justice, Francis Casullo; Cortland County Sheriff, Lee Price; Cortland County District Attorney, David Hartnett; Scott Smith and Mike Alexander from Clough Harbour & Associates, LLP; Planning Board Member, Nick Renzi; Les Sandman representing Pall Trinity Corp.; Dick Benchley and Bud Ames representing the J.M. Murray Center; Attorney Mike Shafer representing Bestway Companies; George Ottenschot; Chris Farkas; Tom Dovi; Brittany Rood; Robyn Hess; Robert Rhodes representing C.A.P.E.; Charles Maxfield; Grace Meddaugh for Channel 2, Access TV; and News Reporters Evan Geibel and Arnie Milks from the Cortland Standard. Supervisor Tupper called the meeting to order. Prior to opening the scheduled public hearings, he offered privilege of the floor to Sheriff Lee Price. Sheriff Price thanked the Board for supporting the Sheriff's Department by helping to purchase the new license plate reader for one of the patrol vehicles. He apprised the Board the new device was working well. He reported that the Sheriff's Department issued 2099 tickets in the Town of Cortlandville in 2007, compared to the 800 +/- tickets issued in 2006. Councilman Rocco thanked the Sheriff's Department for conducting the speed limit checks, especially on McLean Road and Route 222. He felt that the added effort had reduced the speed of motorists. Councilman O'Donnell informed the Sheriff that the Town recently received a complaint from a new property owner on McLean Road regarding the speed limit and truck traffic. He asked the Sheriff to continue to patrol McLean Road as residents depend on it. Councilman Rocco added that the resident was also concerned regarding the truck traffic on McLean Road. Sheriff Price stated the Sheriff's Department could check the trucks for speed. He explained that the Sheriff's Department coordinates its efforts with the State Police. Councilman Proud questioned Sheriff Price why there was such an increase in tickets issued from 2006 to 2007. Sheriff Price explained that due to the receipt of a grant, he was able to have more patrol officers out on the roads. The second contributing factor was the license plate reader. Supervisor Tupper offered privilege of the floor to District Attorney David Hartnett. District Attorney. Hartnett apprised the Board he was in attendance to answer any questions that they may have. Supervisor Tupper thanked DA Hartnett on behalf of Justice Casullo for adding a half- time ADA and Public Defender for the Town of Cortlandville, which would allow the Town to conduct court an extra half day. The addition of the half -day would also relieve some pressure from the Court. Supervisor Tupper recessed the Regular Meeting to conduct the scheduled public hearings. The meeting was recessed at 5:05 p.m. 2 (, DECEMBER 19, 2007 5:05 P.M. PUBLIC HEARING NO. 1 LOCAL LAW OF 2007 ADMINISTRATION AND ENFORCEMENT OF THE NEW YORK STATE UNIFORM FIRE PREVENTION AND BUILDING CODE A Public Hearing was held by the Town Board of the Town of Cortlandville at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, regarding the enactment of a Local Law providing for the Administration and Enforcement of the New York State Uniform Fire Prevention and Building Code in the Town of Cortlandville. Members present: Supervisor, Richard C. Tupper Councilman, Theodore V. Testa Councilman, Edwin O'Donnell Councilman, Ronal L. Rocco Councilman, John C. Proud Town Clerk, Karen Q. Snyder Others present were: Town Attorney, John Folmer; Town Justice, Francis Castillo; Cortland County Sheriff, Lee Price; Cortland County District Attorney, David Hartnett; Scott Smith and Mike Alexander from Clough Harbour & Associates, LLP; Planning Board Member, Nick Renzi; Les Sandman representing Pall Trinity Corp.; Dick Benchley and Bud Ames representing the J.M. Murray Center; Attorney Mike Shafer representing Bestway Companies; George Ottenschot; Chris Farkas; Tom Dovi; Brittany Rood; Robyn Hess; Robert Rhodes representing C.A.P.E.; Charles Maxfield; Grace Meddaugh for Channel 2, Access TV; and News Reporters Evan Geibel and Arnie Milks from the Cortland Standard. Supervisor Tupper called the Public Hearing to order. Town Clerk, Karen Q. Snyder, read aloud the published, posted and filed legal notice. Supervisor Tupper offered privilege of the floor to those in attendance. Councilman O'Donnell commented that the adoption of the Local Law would enable the Town to take care of the dilapidated house in the Village of McGraw that has been discussed in the past. The particular house was not only dangerous, but was an "eye -sore." Councilman O'Donnell hoped that once the Local Law was adopted the Town would take the appropriate steps to cause the house to be demolished. Attorney Folmer apprised the Board he spoke with Code Enforcement Officer Tom Williams regarding the issue, and conferred over the provisions in Appendix A. While the particular situation mentioned by Councilman O'Donnell was not targeted, adoption of the Local Law would participate in the effort to eliminate the particular problem. No further comments or discussions were heard. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to close the Public Hearing. All voting aye, the motion was carried. The Public Hearing was closed at 5:10 p.m. 1 DECEMBER 19, 2007 5:10 P.M. z(3 1 1 PUBLIC HEARING NO.2 LOCAL LAW OF 2007 REVISED ZONING ORDINANCE CHAPTER 178 OF THE TOWN CODE A Public Hearing was held by the Town Board of the Town of Cortlandville at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, regarding the enactment of a Local Law revising the Zoning Code of the Town of Cortlandville. Members present: Supervisor, Richard C. Tupper Councilman, Theodore V. Testa Councilman, Edwin O'Donnell Councilman, Ronal L. Rocco Councilman, John C. Proud Town Clerk, Karen Q. Snyder Others present were: Town Attorney, John Folmer; Town Justice, Francis Castillo; Cortland County Sheriff, Lee Price; Cortland County District Attorney, David Hartnett; Scott Smith and Mike Alexander from Clough Harbour & Associates, LLP; Planning Board Member, Nick Renzi; Les Sandman representing Pall Trinity Corp.; Dick Benchley and Bud Ames representing the J.M. Murray Center; Attorney Mike Shafer representing Bestway Companies; George Ottenschot; Chris Farkas; Tom Dovi; Brittany Rood; Robyn Hess; Robert Rhodes representing C.A.P.E.; Charles Maxfield; Grace Meddaugh for Channel 2, Access TV; and News Reporters Evan Geibel and Amie Milks from the Cortland Standard. Supervisor Tupper called the Public Hearing to order. Town Clerk, Karen Q. Snyder, read aloud the published, posted and filed legal notice. Supervisor Tupper offered privilege of the floor to those in attendance. Attorney Folmer advised Supervisor Tupper that because the public hearing began prior to the scheduled time, latecomers should be given the opportunity to speak. Supervisor Tupper offered privilege of the floor to Nick Renzi. Town Planning Board Member, Nick Renzi read a prepared statement to the Board . He was concerned that if the Board adopted the proposed Local Law they would over -ride the Planning Board's June 12, 2007 recommendation to adopt the January 19, 2007 version of the local law, which specified lot coverages of 50%, 60% and 70% in the la, lb and 2 zones. The December 10, 2007 version specified lot coverages of 50%, 70% and 75% in the la, lb and 2 zones. Mr. Renzi added that the Board would also be ignoring Planning Board Member Bugh's position, in which he warned the dangers of lot coverages in excess of 50%. Mr. Renzi noted that the Planning Board's recommendations were the same as the lot coverages contained in the 2004 version of the revised zoning law, which was adopted and then deemed null and void by the court because of a notification technicality. He questioned what the Board's motives were for changing the lot coverages, noting that the Planning Board's recommended lot coverages have withstood public scrutiny through public hearings. Finally, Mr. Renzi stated it was "unconscionable for the recently re-elected Town Supervisor and councilmen to have advertised aquifer protection in their October 24 political advertisement while proposing ... a 17% increase in lot coverage of the recommendation of the Planning Board in the Zone lb area...." Mr. Renzi asked the Board to explain their decision. Supervisor Tupper offered privilege of the floor to Grace Meddaugh. Grace Meddaugh read a letter out loud from Arnold Talentino. In his letter, Mr. Talentino expressed his dismay that the Board scheduled a public hearing for the proposed Revised Zoning Ordinance six days prior to the Christmas holiday. He stated that the date of the public hearing was a disservice to those who may have had valuable comments but were unable to attend due to prior commitments. Mrs. Meddaugh agreed with Mr. Talentino's comments. z&q DECEMBER 19, 2007 PUBLIC HEARING NO. 2 PAGE 2 Supervisor Tupper offered privilege of the floor to Robert Rhodes. Robert Rhodes read a prepared statement on behalf of Citizens for Aquifer Protection and Employment (C.A.P.E.). Mr. Rhodes expressed C.A.P.E.'s concern regarding the proposed 70% lot coverage in Wellhead Protection Zone lb. C.A.P.E. endorsed a 50% maximum allowable lot coverage for Zone lb, as suggested by geologist and Town Planning Board Member, James Bugh. He also noted that the Town Planning Board recommended a 60% allowable lot coverage for Zone lb. Mr. Rhodes stated that C.A.P.E. is concerned about potential flooding that could result from the 70% lot coverage proposed for Zone lb in conjunction with the 75% lot coverage allowances for the other two zones. He stated that because there was no visible public opposition to the Planning Board's proposed 60% lot coverage in Zone lb, and because there was no evidence that it would hamper economic development in the area, C.A.P.E. was confused by the change in allowable lot coverage. He added that there was no way to determine whether the proposed lot coverage allowances were adequate to prevent flooding since the Town did not complete a full environmental assessment. According to C.A.P.E., the proposed Revised Zoning Ordinance constituted a Type I Action under SEQRA. C.A.P.E. suggested a positive declaration of environmental impact be issued, followed with a full assessment of the changes the Board wanted to make. It was C.A.P.E.'s position that the lot coverage allowances were out of line with the Town Board's commitment to aquifer protection and flooding prevention. In closing, Mr. Talentino commended the Board for maintaining protective lot coverage in the 1 a zone and for its reasonable accommodations for lots of three acres or less. Supervisor Tupper offered privilege of the floor to Attorney Mike Shafer. Attorney Mike Shafer apprised the Board he represented Bestway companies. He extended Bestway's appreciation to the Board for the diligence they've shown over the past four years on the zoning issue. He recalled that the Board approved a change in the zoning for the property south of the J.M. Murray Center on Route 13, which was later overturned by Judge O'Brien in 2005. Attorney Shafer thanked the Board for entertaining his comments on behalf of Bestway relative to the specific parcel, which he stated was consistent with the overall plans of the Town. Supervisor Tupper offered privilege of the floor to those in attendance. There were no further requests for privilege of the floor. Attorney Folmer pointed out that the proposed zoning map was on display for public review. The only change to the zoning map from the map previously proposed, was the addition of the Wal-Mart PUD. No further comments or discussions were heard. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to close the Public Hearing. All voting aye, the motion was carried. The Public Hearing was closed at 5:20 p.m. 1 DECEMBER 19, 2007 5:20 P.M. Z(S 1 1 1 TOWN BOARD MEETING The Regular Meeting of the Town Board of the Town of Cortlandville was held at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, with Supervisor Tupper presiding. Members present: Supervisor, Richard C. Tupper Councilman, Theodore V. Testa Councilman, Edwin O'Donnell Councilman, Ronal L. Rocco Councilman, John C. Proud Town Clerk, Karen Q. Snyder Others present were: Town Attorney, John Folmer; Town Justice, Francis Casullo; Cortland County Sheriff, Lee Price; Cortland County District Attorney, David Hartnett; Scott Smith and Mike Alexander from Clough Harbour & Associates, LLP; Planning Board Member, Nick Renzi; Les Sandman representing Pall Trinity Corp.; Dick Benchley and Bud Ames representing the J.M. Murray Center; Attorney Mike Shafer representing Bestway Companies; George Ottenschot; Chris Farkas; Tom Dovi; Brittany Rood; Robyn Hess; Robert Rhodes representing C.A.P.E.; Charles Maxfield; Grace Meddaugh for Channel 2, Access TV; and News Reporters Evan Geibel and Amie Milks from the Cortland Standard. The Board reconvened to the Regular Meeting. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file the Cortlandville Planning Board Minutes of May 29, 2007. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Proud, to receive and file the Cortlandville Zoning Board of Appeals Minutes of May 29, 2007. All voting aye, the motion was carried. The Draft Town Board Minutes of November 7, 2007 were presented to the Board for RESOLUTION #244 AUTHORIZE PAYMENT OF VOUCHERS — DECEMBER Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers #682 - 721 $ 88,795.30 General Fund B B 163 - B 167 $ 4,183.96 Highway Fund DB D487 - D513 $ 51,721.19 Capital Projects H67 - H71 $ 83,239.60 Water Fund W273 - W283 $ 7,727.23 Sewer Fund S107 - Sl l l $ 1,412.06 Supervisor Tupper offered privilege of the floor to Town Justice, Francis J. Casullo. Justice Casullo apprised the Board that by the end of January 2008 some changes would be taking place within the Town Court, which would help make the Court more efficient. With the help of the District Attorney, court would continue to be held each Monday, as well as a half - day on Wednesdays. The court would be following a "trial term setting" in which trials would not be held every week, but based on a "calendar call" when the parties involved were available. Justice Casullo thanked the Town Board for providing himself, his clerks, and the taxpayers of the Town, with a new facility that is far superior to anything the Town had in the past. The new court facilities, and in particular the increase in security, was greatly appreciated. z6& DECEMBER 19, 2007 TOWN BOARD MEETING PAGE 2 Councilman Rocco stated that on several occasions he has taken the opportunity to observe the operations of the court. He applauded Justice Casullo's professionalism and the manner in which he operates his courtroom, and stated that the Town was lucky to have such an excellent judge. Councilman Rocco encouraged the rest of the Board to visit the court. Supervisor Tupper offered privilege of the floor to Chris Farkas. Chris Farkas commented on the situation between Mark and Joyel Ecker and the Town of Cortlandville. He felt that the Ecker's were being challenged by the Town. Mr. Farkas presented a phototograph of one of the neighbors walking a wheelbarrow from the walking trail on Cedar Crest Drive, and told the Board there was also a video of the action posted online at www.youtube.com. Mr. Farkas presented the photographs to Attorney Folmer, and suggested the Town resolve the issue by allowing the Ecker's to purchase the property from the Town as long as the Town is able to utilize the property for the purpose of utilities. Attorney Folmer informed Mr. Farkas he received a proposal from Attorney Bardsley for a possible solution to the problem. The proposal was forwarded to Supervisor Tupper and was under review. Attorney Folmer assured Mr. Farkas that the situation had not been forgotten, nor was it on the backburner. The monthly report of the Supervisor for the month of November 2007 was on the table for review and was filed in the Town Clerk's Office. Under Communications, Councilman Proud informed the Board he received a phone call from the NYS DOT indicating they would be sending the Town the necessary documents for the Town's NYS Route 281 water project, which would be done in conjunction with the NYS DOT's Route 281/Route 13 corridor project. The DOT would also provide the Town with the final set of plans for the corridor project. The DOT indicated there were no changes to the plans for the corridor project that would affect the section the Town is responsible for. Councilman Proud apprised the Board the bid date for the project was early March. Therefore, the Town would need the appropriate bonding in place by March. There was discussion regarding the proposed Local Law Providing for the Administration and Enforcement of the New York State Uniform Fire Prevention and Building Code. Councilman O'Donnell noted that the proposed Local Law called for more inspections throughout a period of time. Supervisor Tupper agreed and explained that instead of an inspection being conducted once every three years for buildings where the community meets, an inspection must be done every 18 months. Examples of such buildings would be churches, factories, and municipal buildings. Attorney Folmer explained that the Local Law would be in effect upon filing with the Secretary of State. The fee schedule was being created and would be established by resolution once complete. RESOLUTION #245 ADOPT LOCAL LAW NO. 1 OF 2007 PROVIDING FOR THE ADMINISTRATION AND ENFORCEMENT OF THE NEW YORK STATE UNIFORM FIRE PREVENTION AND BUILDING CODE Motion by Councilman O'Donnell Seconded by Councilman Proud VOTES: ALL AYE ADOPTED WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a public hearing to be held by said Board to hear all interested parties on a proposed Local Law Providing for the Administration and Enforcement of the New York State Uniform Fire Prevention and Building Code, and zG-7 DECEMBER 19, 2007 TOWN BOARD MEETING PAGE 3 WHEREAS, notice of said public hearing was duly published in the Cortland Standard, the official newspaper of the said Town, and posted at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, as required by law, and WHEREAS, said public hearing was duly held and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof, and WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the best interest of the Town to adopt said Local Law, NOW, THEREFORE, the Town Board of the Town of Cortlandville hereby adopts said Local Law as Local Law No. 1 of 2007, providing for the Administration and Enforcement of the New York State Uniform Fire Prevention and Building Code, a copy of which is attached hereto and made a part hereof, and the Town Clerk is directed to enter said Local Law in the minutes of this meeting and in the Local Law Book of the Town of Cortlandville, and to give due notice of the adoption of said Local Law to the Secretary of State. Be it enacted.by the Town Board of the Town of Cortlandville, in the County of Cortland, 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 Cortlandville. This local law is adopted pursuant to section 10 of the Municipal Home Rule Law. Except as otherwise provided in the Uniform Code, other state law, or other section of this local law, all buildings, structures, and premises, regardless of use or occupancy, are subject to the provisions this local law. SECTION 2. DEFINITIONS In this local law: "Building Permit" shall mean a permit issued pursuant to section 4 of this local law. The term "Building Permit" shall also include a Building Permit which is renewed, amended or extended pursuant to any provision of this local law. "Certificate of Occupancy" or "Certificate of Compliance" shall mean a certificate issued pursuant to subdivision (b) of section 7 of this local law. "Code Enforcement Officer" shall mean the Code Enforcement Officer appointed pursuant to subdivision (b) of section 3 of this local law. "Code Enforcement Personnel" shall include the Code Enforcement Officer and all Inspectors. "Compliance Order" shall mean an order issued by the Code Enforcement Officer pursuant to subdivision (a) of section 15 of this local law. "Energy Code" shall mean the State Energy Conservation Construction Code, as currently in effect and as hereafter amended from time to time. "Inspector" shall mean an inspector appointed pursuant to subdivision (d) of section 3 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. DECEMBER 19, 2007 TOWN BOARD MEETING PAGE 4 "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 Cortlandville. "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. SECTION 3. CODE ENFORCEMENT OFFICER AND INSPECTORS (a) The office of Code Enforcement Officer is hereby created. The Code Enforcement Officer shall administer and enforce all the provisions of the Uniform Code, the Energy Code and this local law. The Code Enforcement Officer shall have the following powers and duties: (1) to receive, review, and approve or disapprove applications for Building Permits, Temporary Certificates and Operating Permits, and the plans, specifications and construction documents submitted with such applications; (2) upon approval of such applications, to issue Building Permits, Certificates of Occupancy, Certificates of Compliance, Temporary Certificates and Operating Permits, and to include in Building Permits, Certificates of Occupancy, Certificates of Compliance, Temporary Certificates and Operating Permits such terms and conditions as the Code Enforcement Officer may determine to be appropriate; (3) to conduct construction inspections, inspections to be made prior to the issuance of Certificates of Occupancy, Certificates of Compliance, Temporary Certificates and Operating Permits, fire safety and property maintenance inspections, inspections incidental to the investigation of complaints, and all other inspections required or permitted under any provision of this local law; (4) to issue Stop Work Orders; (5) to review and investigate complaints; (6) to issue orders pursuant to subdivision (a) of section 15 (Violations) of this local law; (7) to maintain records; (8) to collect fees as set by the Town Board of the Town of Cortlandville; (9) to pursue administrative enforcement actions and proceedings; (10) in consultation with the Town attorney, to pursue such legal actions and proceedings as may be necessary to enforce the Uniform Code, the Energy Code and this local law, or to abate or correct conditions not in compliance with the Uniform Code, the Energy Code or this local law; and (11) to exercise all other powers and fulfill all other duties conferred upon the Code Enforcement Officer by this local law. (b) The Code Enforcement Officer shall be appointed by the Town Board of the Town of Cortlandville. The Code Enforcement Officer shall possess background experience related to building construction or fire prevention and shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service training and other training as the State of New York shall require for code enforcement personnel, and the Code Enforcement Officer shall z(9 DECEMBER 19, 2007 TOWN BOARD MEETING PAGE 5 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 of the Town of Cortlandville 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 of the Town of Cortlandville to act under the supervision and direction of the Code Enforcement Officer and to assist the Code Enforcement Officer in the exercise of the powers and fulfillment of the duties conferred upon the Code Enforcement Officer by this local law. Each Inspector shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service training and other training as the State of New York shall require for code enforcement personnel, and each Inspector shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder. (e) The compensation for the Code Enforcement Officer and Inspectors shall be fixed from time to time by the Town Board of the Town of Cortlandville. SECTION 4. BUILDING PERMITS (a) Building_ Permits Required. Except as otherwise provided in subdivision (b) of this section, a Building Permit shall be required for any work which must conform to the Uniform Code and/or the Energy Code, including, but not limited to, the construction, enlargement, alteration, improvement, removal, relocation or demolition of any building or structure or any portion thereof, and the installation of a solid fuel burning heating appliance, chimney or flue in any dwelling unit. No Person shall commence any work for which a Building Permit is required without first having obtained a Building Permit from the Code Enforcement Officer. (b) Exemptions. No Building Permit shall be required for work in any of the following categories: (1) construction or installation of one story detached structures associated with one- or two-family dwellings or multiple single-family dwellings (townhouses) which are used for tool and storage sheds, playhouses or similar uses, provided the gross floor area does not exceed 100 square feet; (2) installation of swings and other playground equipment associated with a one - or two-family dwelling or multiple single-family dwellings (townhouses); (3) installation of swimming pools associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses) where such pools are designed for a water depth of less than 24 inches and are installed entirely above ground; (4) installation of fences which are not part of an enclosure surrounding a swimming pool; (5) construction of retaining walls unless such walls support a surcharge or impound Class I, II or IIIA liquids; (6) construction of temporary motion picture, television and theater stage sets and scenery; (7) installation of window awnings supported by an exterior wall of a one- or two- family dwelling or multiple single-family dwellings (townhouses); (8) installation of partitions or movable cases less than 5'-9" in height; (9) painting, wallpapering, tiling, carpeting, or other similar finish work; Z-7o DECEMBER 19, 2007 TOWN BOARD MEETING PAGE 6 (10) installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances; (11) replacement of any equipment provided the replacement does not alter the equipment's listing or render it inconsistent with the equipment's original specifications; or (12) repairs, provided that such repairs do not involve (i) the removal or cutting away of a loadbearing wall, partition, or portion thereof, or of any structural beam or load bearing component; (ii) the removal or change of any required means of egress, or the rearrangement of parts of a structure in a manner which affects egress; (iii) the enlargement, alteration, replacement or relocation of any building system; or (iv) the removal from service of all or part of a fire protection system for any period of time. (c) Exemption not deemed authorization to perform non -compliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in subdivision (b) of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code. (d) Applications for Building Permits. Applications for a Building Permit shall be made in writing on a form provided by or otherwise acceptable to the Code Enforcement Officer. The application shall be signed by the owner of the property where the work is to be performed or an authorized agent of the owner. The application shall include such information as the Code Enforcement Officer deems sufficient to permit a determination by the Code Enforcement Officer that the intended work complies with all applicable requirements of the Uniform Code and the Energy Code. The application shall include or be accompanied by the following information and documentation: (1) a description of the proposed work; (2) the tax map number and the street address of the premises where the work is to be performed; (3) the occupancy classification of any affected building or structure; (4) where applicable, a statement of special inspections prepared in accordance with the provisions of the Uniform Code; and (5) at least 2 sets of construction documents (drawings and/or specifications) which (i) define the scope of the proposed work; (ii) are prepared by a New York State registered architect or licensed professional engineer where so required by the Education Law; (iii) indicate with sufficient clarity and detail the nature and extent of the work proposed; (iv) substantiate that the proposed work will comply with the Uniform Code and the Energy Code; and (v) where applicable, include a site plan that shows any existing and proposed buildings and structures on the site, the location of any existing or proposed well or septic system, the location of the intended work, and the distances between the buildings and structures and the lot lines. (e) Construction documents. Construction documents will not be accepted as part of an application for a Building Permit unless they satisfy the requirements set forth in paragraph (5) of subdivision (d) of this section. Construction documents which are accepted as part of the application for a Building Permit shall be marked as accepted by the Code Enforcement Officer in writing or by stamp. One set of the accepted construction documents shall be retained by the Code Enforcement Officer, and one set of the accepted construction documents shall be returned to the applicant to be kept at the work site so as to be available for use by the Code Enforcement Personnel. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, nor as an indication that a Building Permit will be issued. Work shall not be commenced until and unless a Building Permit is issued. (f) Issuance of Building Permits. An application for a Building Permit shall be examined to ascertain whether the proposed work is in compliance with the applicable requirements of the Uniform Code and Energy Code. The Code Enforcement Officer shall issue a Building Permit if 1 1 1 z 72 DECEMBER 19, 2007 TOWN BOARD MEETING PAGE 7 the proposed work is in compliance with the applicable requirements of the Uniform Code and Energy Code. (g) Building Permits to be displayed,. Building permits shall be visibly displayed at the work site and shall remain visible until the authorized work has been completed. (h) Work to be in accordance with construction documents. All work shall be performed in accordance with the construction documents which were submitted with and accepted as part of the application for the Building Permit. The Building Permit shall contain such a directive. The Permit Holder shall immediately notify the Code Enforcement Officer of any change occurring during the course of the work. The Building Permit shall contain such a directive. If the Code Enforcement Officer determines that such change warrants a new or amended Building Permit, such change shall not be made until and unless a new or amended Building Permit reflecting such change is issued. (i) Time limits. Building Permits shall become invalid unless the authorized work is commenced within 6 months following the date of issuance. Building Permits shall expire 12 months after the date of issuance. A Building Permit which has become invalid or which has expired pursuant to this subdivision may be renewed upon application by the Permit Holder, payment of the applicable fee, and approval of the application by the Code Enforcement Officer. 0) Revocation or suspension of Building Permits. If the Code Enforcement Officer determines a Building Permit was issued in error because of incorrect, inaccurate or incomplete information, or that the work for which a Building Permit was issued violates the Uniform Code or the Energy Code, the Code Enforcement Officer shall revoke the Building Permit or suspend the Building Permit until such time as the Permit Holder demonstrates that (1) all work then completed is in compliance with all applicable provisions of the Uniform Code and the Energy Code and (2) all work then proposed to be performed shall be in compliance with all applicable provisions of the Uniform Code and the Energy Code. (k) Fee. The fee specified in or determined in accordance with the provisions set forth in section 16 (Fees) of this local law must be paid at the time of submission of an application for a Building Permit, for an amended Building Permit, or for renewal of a Building Permit. SECTION 5. CONSTRUCTION INSPECTIONS (a) Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Code Enforcement Officer or by an Inspector authorized by the Code Enforcement Officer. The Permit Holder shall notify the Code Enforcement Officer when any element of work described in subdivision (b) of this section is ready for inspection. (b) Elements of work to be inspected. The following elements of the construction process shall be inspected where applicable: (1) work site prior to the issuance of a Building Permit; (2) footing and foundation; (3) preparation for concrete slab; (4) framing; (5) building systems, including underground and rough -in; (6) fire resistant construction; (7) fire resistant penetrations; (8) solid fuel burning heating appliances, chimneys, flues or gas vents; (9) Energy Code compliance; and z7Z DECEMBER 19, 2007 TOWN BOARD MEETING PAGE 8 (10) a final inspection after all work authorized by the Building Permit has been completed. (c) Inspection results. After inspection, the work or a portion thereof shall be noted as satisfactory as completed, or the Permit Holder shall be notified as to where the work fails to comply with the Uniform Code or Energy Code. Work not in compliance with any applicable provision of the Uniform Code or Energy Code shall remain exposed until such work shall have been brought into compliance with all applicable provisions of the Uniform Code and the Energy Code, reinspected, and found satisfactory as completed. (d) Fee. The fee specified in or determined in accordance with the provisions set forth in section 16 (Fees) of this local law must be paid prior to or at the time of each inspection performed pursuant to this section. SECTION 6. STOP WORK ORDERS (a) Authority to issue. The Code Enforcement Officer is authorized to issue Stop Work Orders pursuant to this section. The Code Enforcement Officer shall issue a Stop Work Order to halt: (1) any work that is determined by the Code Enforcement Officer to be contrary to any applicable provision of the Uniform Code or Energy Code, without regard to whether such work is or is not work for which a Building Permit is required, and without regard to whether a Building Permit has or has not been issued for such work, or (2) any work that is being conducted in a dangerous or unsafe manner in the opinion of the Code Enforcement Officer, without regard to whether such work is or is not work for which a Building Permit is required, and without regard to whether a Building Permit has or has not been issued for such work, or (3) any work for which a Building Permit is required which is being performed without the required Building Permit, or under a Building Permit that has become invalid, has expired, or has been suspended or revoked. (b) Content of Stop Work Orders. Stop Work Orders shall (1) be in writing, (2) be dated and signed by the Code Enforcement Officer, (3) state the reason or reasons for issuance, and (4) if applicable, state the conditions which must be satisfied before work will be permitted to resume. (c) Service of Stop Work Orders. The Code Enforcement Officer shall cause the Stop Work Order, or a copy thereof, to be served on the owner of the affected property, (and if the owner is not the Permit Holder, on the Permit Holder) personally or by registered mail. The Code Enforcement Officer shall be permitted, but not required, to cause the Stop Work Order, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other Person taking part or assisting in work affected by the Stop Work Order, personally or by registered mail; provided, however, that failure to serve any Person mentioned in this sentence shall not affect the efficacy of the Stop Work Order. (d) Effect of Stop Work Order. Upon the issuance of a Stop Work Order, the owner of the affected property, the Permit Holder and any other Person performing, taking part in or assisting in the work shall immediately cease all work which is the subject of the Stop Work Order. (e) Remedy not exclusive. The issuance of a Stop Work Order shall not be the exclusive remedy available to address any event described in subdivision (a) of this section, and the authority to issue a Stop Work Order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under section 15 (Violations) of this local law or under any other applicable local law or State law. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a Stop Work Order. Z 7 3 DECEMBER 19, 2007 TOWN BOARD MEETING PAGE 9 SECTION 7. CERTIFICATES OF OCCUPANCY OR 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 a Certificate of Occupancy or Certificate of Compliance. (b) Issuance of Certificates of Occupancy or Certificates of Compliance. The Code Enforcement Officer shall issue a Certificate of Occupancy or Certificate of Compliance if the work which was the subject of the Building Permit was completed in accordance with all applicable provisions of the Uniform Code and Energy Code and, if applicable, that the structure, building or portion thereof that was converted from one use or occupancy classification or subclassification to another complies with all applicable provisions of the Uniform Code and Energy Code. The Code Enforcement Officer or an Inspector authorized by the Code Enforcement Officer shall inspect the building, structure or work prior to the issuance of a Certificate of Occupancy or Certificate of Compliance. In addition, where applicable, the following documents, prepared in accordance with the provisions of the Uniform Code by such person or persons as may be designated by or otherwise acceptable to the Code Enforcement Officer, at the expense of the applicant for the Certificate of Occupancy or Certificate of Compliance, shall be provided to the Code Enforcement Officer prior to the issuance of the Certificate of Occupancy or Certificate of Compliance: (1) a written statement of structural observations and/or a final report of special inspections, and (2) flood hazard certifications. (c) Contents of Certificates of Occupancy or Certificates of Compliance. A Certificate of Occupancy or Certificate of Compliance shall contain the following information: (1) the Building Permit number, if any; (2) the date of issuance of the Building Permit, if any; (3) the name, address and tax map number of the property; (4) if the Certificate of Occupancy or Certificate of Compliance is not applicable to an entire structure, a description of that portion of the structure for which the Certificate of Occupancy or Certificate of Compliance is issued; (5) the use and occupancy classification of the structure; (6) the type of construction of the structure; (7) the assembly occupant load of the structure, if any; (8) if an automatic sprinkler system is provided, a notation as to whether the sprinkler system is required; (9) any special conditions imposed in connection with the issuance of the Building Permit; and (10) the signature of the Code Enforcement Officer issuing the Certificate of Occupancy or Certificate of Compliance and the date of issuance. (d) Temporary Certificate. The Code Enforcement Officer shall be permitted to issue a Temporary Certificate allowing the temporary occupancy of a building or structure, or a portion thereof, prior to completion of the work which is the subject of a Building Permit. However, in no event shall the Code Enforcement Officer issue a Temporary Certificate unless the Code Enforcement Officer determines (1) that the building or structure, or the portion thereof covered z711 DECEMBER 19, 2007 TOWN BOARD MEETING PAGE 10 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 3 months, which shall be determined by the Code Enforcement Officer and specified in the Temporary Certificate. During the specified period of effectiveness of the Temporary Certificate, the Permit Holder shall undertake to bring the building or structure into full compliance with all applicable provisions of the Uniform Code and the Energy Code. (e) Revocation or suspension of certificates. If the Code Enforcement Officer determines that a Certificate of Occupancy or Certificate of Compliance or a Temporary Certificate was issued in error because of incorrect, inaccurate or incomplete information, and if the relevant deficiencies are not corrected to the satisfaction of the Code Enforcement Officer within such period of time as shall be specified by the Code Enforcement Officer, the Code Enforcement Officer shall revoke or suspend such certificate. (f) Fee. The fee specified in or determined in accordance with the provisions set forth in section 16 (Fees) of this local law must be paid at the time of submission of an application for a Certificate of Occupancy or Certificate of Compliance or for Temporary Certificate. SECTION 8. NOTIFICATION REGARDING FIRE OR EXPLOSION The chief of any fire department providing fire fighting services for a property within the Town shall promptly notify the Code Enforcement Officer of any fire or explosion involving any structural damage, fuel burning appliance, chimney or gas vent. SECTION 9. UNSAFE BUILDING AND STRUCTURES Unsafe structures and equipment in the Town shall be identified and addressed in accordance with the procedures established and set forth in Appendix A of this local law. SECTION 10. OPERATING PERMITS (a) Operation Permits required. Operating Permits shall be required for conducting the activities or using the categories of buildings listed below: (1) manufacturing, storing or handling hazardous materials in quantities exceeding those listed in Tables 2703.1.1(1), 2703.1.1(2), 2703.1.1(3) or 2703.1.1(4) in the publication entitled "Fire Code of New York State" and incorporated by reference in 19 NYCRR section 1225.1; (2) hazardous processes and activities, including but not limited to, commercial and industrial operations which produce combustible dust as a byproduct, fruit and crop ripening, and waste handling; (3) use of pyrotechnic devices in assembly occupancies; (4) buildings containing one or more areas of public assembly with an occupant load of 100 persons or more; and (5) buildings whose use or occupancy classification may pose a substantial potential hazard to public safety, as determined by resolution adopted by the Town Board of the Town of Cortlandville. 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 z7s DECEMBER 19, 2007 TOWN BOARD MEETING PAGE 11 permit a determination by the Code Enforcement Officer that quantities, materials, and activities conform to the requirements of the Uniform Code. If the Code Enforcement Officer determines that tests or reports are necessary to verify conformance, such tests or reports shall be performed or provided by such person or persons as may be designated by or otherwise acceptable to the Code Enforcement Officer, at the expense of the applicant. (c) Inspections. The Code Enforcement Officer or an Inspector authorized by the Code Enforcement Officer shall inspect the subject premises prior to the issuance of an Operating Permit. (d) Multiple Activities. In any circumstance in which more than one activity listed in subdivision (a) of this section is to be conducted at a location, the Code Enforcement Officer may require a separate Operating Permit for each such activity, or the Code Enforcement Officer may, in his or her discretion, issue a single Operating Permit to apply to all such activities. ALTERNATIVE 1: (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. ALTERNATIVE 2: (e) Duration of Operating Permits. Operating Permits shall remain in effect until reissued, renewed, revoked, or suspended. (f) Revocation or suspension of Operating Permits. If the Code Enforcement Officer determines that any activity or building for which an Operating Permit was issued does not comply with any applicable provision of the Uniform Code, such Operating Permit shall be revoked or suspended. (g) Fee. The fee specified in or determined in accordance with the provisions set forth in section 16 (Fees) of this local law must be paid at the time submission of an application for an Operating Permit, for an amended Operating Permit, or for reissue or renewal of an Operating Permit. SECTION 11. FIRE SAFETY AND PROPERTY MAINTENANCE INSPECTIONS (a) Inspections required. Fire safety and property maintenance inspections of buildings and structures shall be performed by the Code Enforcement Officer or an Inspector designated by the Code Enforcement Officer at the following intervals: (1) Fire safety and property maintenance inspections of buildings or structures which contain an area of public assembly shall be performed at least once every twelve (12) months. (2) Fire safety and property maintenance inspections of buildings or structures being occupied as dormitories shall be performed at least once every twelve (12) months. (3) Fire safety and property maintenance inspections of all multiple dwellings not included in paragraphs (1) or (2) of this subdivision, and all non-residential buildings, structures, uses and occupancies not included in paragraphs (1) or (2) of this subdivision, shall be performed at least once every 24 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; ,Z 7 DECEMBER 19, 2007 TOWN BOARD MEETING PAGE 12 (2) receipt by the Code Enforcement Officer of a written and signed statement alleging that conditions or activities failing to comply with the Uniform Code or Energy Code exist; or (3) receipt by the Code Enforcement Officer of any other information, reasonably believed by the Code Enforcement Officer to be reliable, giving rise to reasonable cause to believe that conditions or activities failing to comply with the Uniform Code or Energy Code exist; provided, however, that nothing in this subdivision shall be construed as permitting an inspection under any circumstances under which a court order or warrant permitting such inspection is required, unless such court order or warrant shall have been obtained. (c) OFPC Inspections. Nothing in this section or in any other provision of this local law shall supersede, limit or impair the powers, duties and responsibilities of the New York State Office of Fire Prevention and Control ("OFPC") and the New York State Fire Administrator under Executive Law section 156-e and Education Law section 807-b. (d) Fee. The fee specified in or determined in accordance with the provisions set forth in section 16 (Fees) of this local law must be paid prior to or at the time each inspection performed pursuant to this section. This subdivision shall not apply to inspections performed by OFPC. SECTION 12. COMPLAINTS The Code Enforcement Officer shall review and investigate complaints which allege or assert the existence of conditions or activities that fail to comply with the Uniform Code, the Energy Code, this local law, or any other local law or regulation adopted for administration and enforcement of the Uniform Code or the Energy Code. The process for responding to a complaint shall include such of the following steps as the Code Enforcement Officer may deem to be appropriate: (a) performing an inspection of the conditions and/or activities alleged to be in violation, and documenting the results of such inspection; (b) if a violation is found to exist, providing the owner of the affected property and any other Person who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding in the manner described in section 15 (Violations) of this local law; (c) if appropriate, issuing a Stop Work Order; (d) if a violation which was found to exist is abated or corrected, performing an inspection to ensure that the violation has been abated or corrected, preparing a final written report reflecting such abatement or correction, and filing such report with the complaint. SECTION 13. RECORD KEEPING (a) The Code Enforcement Officer shall keep permanent official records of all transactions and activities conducted by all Code Enforcement Personnel, including records of: (1) all applications received, reviewed and approved or denied; (2) all plans, specifications and construction documents approved; (3) all Building Permits, Certificates of Occupancy or Certificates of Compliance, Temporary Certificates, Stop Work Orders, and Operating Permits issued; (4) all inspections and tests performed; (5) all statements and reports issued; (6) all complaints received; z-77 DECEMBER 19, 2007 TOWN BOARD MEETING PAGE 13 (7) all investigations conducted; (8) all other features and activities specified in or contemplated by sections 4 through 12, inclusive, of this local law, including; and (9) all fees charged and collected. (b) All such records shall be public records open for public inspection during normal business hours. All plans and records pertaining to buildings or structures, or appurtenances thereto, shall be retained for at least the minimum time period so required by State law and regulation. SECTION 14. PROGRAM REVIEW AND REPORTING (a) The Code Enforcement Officer shall annually submit to the Town Board of the Town of Cortlandville a written report and summary of all business conducted by the Code Enforcement Officer and the Inspectors, including a report and summary of all transactions and activities described in section 13 (Record Keeping) of this local law and a report and summary of all appeals or litigation pending or concluded. (b) The Code Enforcement Officer shall annually submit to the Secretary of State, on behalf of the Town, on a form prescribed by the Secretary of State, a report of the activities of the Town relative to administration and enforcement of the Uniform Code. (c) The Code Enforcement Officer shall, upon request of the New York State Department of State, provide to the New York State Department of State, from the records and related materials the Town is required to maintain, excerpts, summaries, tabulations, statistics and other information and accounts of the activities of the Town in connection with administration and enforcement of the Uniform Code. SECTION 15. VIOLATIONS (a) Compliance Orders. The Code Enforcement Officer is authorized to order in writing the remedying of any condition or activity found to exist in, on or about any building, structure, or premises in violation of the Uniform Code, the Energy Code, or this local law. Upon finding that any such condition or activity exists, the Code Enforcement Officer shall issue a Compliance Order. The Compliance Order shall (1) be in writing; (2) be dated and signed by the Code Enforcement Officer; (3) specify the condition or activity that violates the Uniform Code, the Energy Code, or this local law; (4) specify the provision or provisions of the Uniform Code, the Energy Code, or this local law which is/are violated by the specified condition or activity; (5) specify the period of time which the Code Enforcement Officer deems to be reasonably necessary for achieving compliance; (6) direct that compliance be achieved within the specified period of time; and (7) state that an action or proceeding to compel compliance may be instituted if compliance is not achieved within the specified period of time. The Code Enforcement Officer shall cause the Compliance Order, or a copy thereof, to be served on the owner of the affected property personally or by registered mail. The Code Enforcement Officer shall be permitted, but not required, to cause the Compliance Order, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other Person taking part or assisting in work being performed at the affected property personally or by registered mail; provided, however, that failure to serve any Person mentioned in this sentence shall not affect the efficacy of the Compliance Order. (b) Appearance Tickets. The Code Enforcement Officer and each Inspector are authorized to issue appearance tickets for any violation of the Uniform Code. (c) Civil Penalties. In addition to those penalties proscribed by State law, any Person who violates any provision of the Uniform Code, the Energy Code or this local law, or any term or condition of any Building Permit, Certificate of Occupancy, Certificate of Compliance, Temporary Certificate, Stop Work Order, Operating Permit or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this local law, shall be liable to a civil penalty of not more than $200 for each day or part thereof during which such violation continues. The civil penalties provided by this subdivision shall be recoverable in an action instituted in the name of the Town. Z-78 DECEMBER 19, 2007 TOWN BOARD MEETING PAGE 14 (d) Injunctive Relief. An action or proceeding may be instituted in the name of the Town, in a court of competent jurisdiction, to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce, any provision of the Uniform Code, the Energy Code, this local law, or any term or condition of any Building Permit, Certificate of Occupancy, Certificate of Compliance, Temporary Certificate, Stop Work Order, Operating Permit, Compliance Order, or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this local law. In particular, but not by way of limitation, where the construction or use of a building or structure is in violation of any provision of the Uniform Code, the Energy Code, this local law, or any Stop Work Order, Compliance Order or other order obtained under the Uniform Code, the Energy Code or this local law, an action or proceeding may be commenced in the name of the Town, in the Supreme Court or in any other court having the requisite jurisdiction, to obtain an order directing the removal of the building or structure or an abatement of the condition in violation of such provisions. No action or proceeding described in this subdivision shall be commenced without the appropriate authorization from the Town Board of the Town of Cortlandville. (e) Remedies Not Exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or remedy available to address any violation described in this section, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this section, in section 6 (Stop Work Orders) of this local law, in any other section of this local law, or in any other applicable law. Any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this section, in section 6 (Stop Work Orders) of this local law, in any other section of this local law, or in any other applicable law. In particular, but not by way of limitation, each remedy and penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the penalties specified in subdivision (2) of section 382 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 382 of the Executive Law. SECTION 16. FEES A fee schedule shall be established by resolution of the Town Board of the Town of Cortlandville. Such fee schedule may thereafter be amended from time to time by like resolution. The fees set forth in, or determined in accordance with, such fee schedule or amended fee schedule shall be charged and collected for the submission of applications, the issuance of Building Permits, amended Building Permits, renewed Building Permits, Certificates of Occupancy or Certificates of Compliance, Temporary Certificates, Operating Permits, fire safety and property maintenance inspections, and other actions of the Code Enforcement Officer described in or contemplated by this local law. SECTION 17. INTERMUNICIPAL AGREEMENTS The Town Board of the Town of Cortlandville may, by resolution, authorize the Supervisor of the Town to enter into an agreement, in the name of the Town, with other governments to carry out the terms of this local law, provided that such agreement does not violate any provision of the Uniform Code, the Energy Code, Part 1203 of Title 19 of the NYCRR, or any other applicable law. SECTION 18. PARTIAL INVALIDITY If any section of this local law shall be held unconstitutional, invalid, or ineffective, in whole or in part, such determination shall not be deemed to affect, impair, or invalidate the remainder of this local law. SECTION 19. EFFECTIVE DATE This local law shall take effect immediately upon filing in the office of the New York State Secretary of State in accordance with section 27 of the Municipal Home Rule Law. Z79 DECEMBER 19, 2007 TOWN BOARD MEETING PAGE 15 BUILDINGS, UNSAFE Appendix A I. Designation of unsafe buildings. All buildings or structures which have any or all of the following defects shall be deemed unsafe buildings. A. Those whose interior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle third of its base. B. Those which, exclusive of the foundation, show thirty-three percent (33%) or more of damage or deterioration of the supporting member or members or fifty percent (50%) of damage or deterioration of the nonsupporting enclosing or outside walls or coverings. C. Those which have improperly distributed loads upon the floors or roofs or in which the same are overloaded or which have insufficient strength to be reasonably safe for the purpose used. D. Those which have been damaged by fire, wind or other causes so as to have become dangerous to life, safety and the general health and welfare of the occupants or the people of the Town of Cortlandville. E. Those which have become or are so dilapidated, decayed, unsafe, unsanitary or which so utterly fail to provide the amenities essential to decent living that they are unfit for human habitation or are likely to cause sickness or disease or so as to work injury to the health, safety or general welfare of those living therein. F. Those having light, air and sanitation facilities, which are inadequate to protect the health, safety or general welfare of human beings who live or may live therein. G. Those having inadequate facilities for egress in case of fire or panic or those having insufficient stairways, elevators, fire escapes or other means of escape. H. Those which have parts thereof which are so attached that they may fall and injure members of the public or property. I. Those which, because of their condition, are unsafe, unsanitary or dangerous to the health, safety or general welfare of the people of this Town. J. Those buildings existing in violation of any provision of the Town Zoning Code and any other applicable laws or codes. II. Standards for repair, vacation or demolition. The following standards shall be followed in substance by the Code Enforcement Officer and the Town Board in ordering repair, vacation or demolition: A. If the unsafe building can reasonably be repaired so that it will no longer exist in violation of the terms of this chapter, it shall be ordered repaired. B. If the unsafe building is in such condition as to make it dangerous to the health, safety or general welfare of its occupants, it shall be ordered to be vacated. C. If any case where an unsafe building is so damaged or decayed or deteriorated from its original value or structure so that it cannot be economically restored, it shall be demolished, and in all cases where a building can not be repaired so that it will no longer exist in violation of the terms of this chapter, it shall be demolished. In all cases where an unsafe building is a fire hazard or erected in violation of the terms of this Article or any other provisions of this chapter or the laws of the State of New York, it shall be demolished. DECEMBER 19, 2007 TOWN BOARD MEETING PAGE 16 III. Declaration of nuisances. All unsafe buildings within the terms of §I of this chapter are hereby declared to be public nuisances and shall be repaired, vacated or demolished as hereinbefore and hereinafter provided. IV. Duties of Code Enforcement Officer. The Code Enforcement Officer shall: A. Inspect any building, wall or structure about which complaints are filed by any person to the effect that a building, wall or structure is or may be existing in violation of this chapter and report his findings at least annually to the Town Board or more frequently as requested by the Board or the Supervisor. B. Inspect any building, wall or structure reported (as hereinafter provided for) by fire or police agencies as probably existing in violation of the terms of this chapter. C. Notify personally or in writing the owner or some one of the owner's executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in the property, or by registered mail, addressed to the last known address, if any, of the owner or some one of the owner's executors, legal representatives, agents, lessees or other person having a vested or contingent interest in the same, as shown by the records of the Assessor or in the Cortland County Office of Real Property Tax and Assessment, of any building found by him to be an unsafe building within the standard set forth in §I of this chapter: (1) The owner must vacate or repair or demolish said building in accordance with the terms of the notice and this chapter. (2) The occupant or lessee must vacate said building or may have it repaired in accordance with the notice and remain in possession. (3) Any mortgagee, agent or other persons having an interest in said building may, at his own risk, repair, vacate or demolish said building or have such work or act done, provided that any person notified under this subsection to repair, vacate or demolish any building shall be given such reasonable time, not exceeding thirty (30) days, as may be necessary to do or have done the work or act required by the notice provided for herein. D. Set forth in the notice provided for in Subsection C hereof a description of the building or structure deemed unsafe, a statement of the particulars which make the building or structure an unsafe building and an order requiring the same to be put in such condition as to comply with the terms of this chapter within such length of time, not exceeding thirty (30) days, as is reasonable. E. Report to the Town Board any noncompliance with the notice provided for in Subsections C and D hereof. F. Appear at all hearings conducted by the Town Board and testify as to the condition of unsafe buildings. G. Place a notice on all unsafe buildings reading as follows: "This building has been found to be an unsafe building by this Code Enforcement Officer. This notice is to remain on this building until it is repaired, vacated or demolished in accordance with the notice which has been given to the owner, or some one of the owner's executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in the property, by registered mail, addressed to the last known address, if any, of the owner or some one of the owner's executors, legal representatives, agents, lessees, or other person having vested or contingent interest in the same, as shown by the records of the Assessor or in the Cortland County Office of Real Property Tax and Assessment, of any building found to be an unsafe building within the standards set forth in §I of this chapter. It is unlawful to remove this notice until such notice is complied with." 1 1 Z81 DECEMBER 19, 2007 TOWN BOARD MEETING PAGE 17 V. Duties of the Town Board. The Town Board shall: A. Written notice to owner or lessees. Upon receipt of a report of the Code Enforcement Officer as provided for herein, give written notice to the owner or some one of the owner's executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in the property, by registered mail, addressed to the last known address, if any, of the owner or some one of the owner's executors, legal representatives, agents, lessees or other person having a vested or contingent interest in the same, as shown by the records of the Assessor or in the Cortland County Office of Real Property Tax and Assessment, of any building found by him to be an unsafe building within the standards set forth in §I of this chapter, to appear before them on the date specified in the notice to show cause why the building or structure reported to be an unsafe building should not be repaired, vacated or demolished in accordance with the statement of particulars set forth in the Code Enforcement Officer's notice provided for herein. B. Hold hearings. Hold a hearing and hear such testimony relative to the unsafe building as the Code Enforcement Officer or the owner or some one of the owner's executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in the property, as shown by the records of the Assessor or in the Cortland County Office of Real Property Tax and Assessment may give. C. Written findings of fact. Make written findings of fact from the testimony offered pursuant to Subsection B as to whether or not the building in question is an unsafe building within the terms of §I hereof. D. Issue orders based on findings of fact. Issue an order based upon findings of fact made pursuant to Subsection C commanding the owner or some one of the owner's executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in the property, as shown by the records of the Assessor or in the Cortland County Office of Real Property Tax and Assessment, to repair, vacate or demolish any building found to be an unsafe building within the terms of this chapter, and provided that any person so notified, except the owners, shall have the privilege of either vacating or repairing said unsafe building, or any person not the owner of said unsafe building but having an interest in said building may demolish said unsafe building, at his own risk, to prevent the acquiring of a lien against the land upon which the said unsafe building stands by the Town as provided in Subsection E hereof. F. Report names not complying to Town Attorney. Report to the Town Attorney the names of all persons not complying with the order provided for in Subsection D of this section. VI. Emergency cases. In cases where it reasonably appears that there is immediate danger to the life or safety of any person unless an unsafe building as defined herein is immediately repaired, vacated or demolished, the Code Enforcement Officer shall report such facts to the Town Board, and the Board shall cause the immediate repair, vacation or demolition of such unsafe building. The costs of such emergency repair, vacation or demolition of such unsafe building shall be collected in the same manner as provided in Subsection E of §5. VII. Absentee owners. In cases, except emergency cases, where the owner, occupant or lessee is absent from the town, all notices or orders provided for herein shall be sent, by registered mail, to the party in interest as described in §IV(C), to the last known address of such parry in interest, and a copy of such notice shall be posted in a conspicuous place on the unsafe building to which it relates. Such mailing and posting shall be deemed adequate service. VIII. Administrative liability. No officer, agent or employee of the Town of Cortlandville shall render himself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties under this chapter. Any suit brought against any officer, agent or employee of the Town as a result of any act required or permitted in the DECEMBER 19, 2007 TOWN BOARD MEETING PAGE 18 discharge of his duties under this chapter shall be defended by the Town Attorney until the final determination of the proceeding therein. IX. Duties of firemen. The Fire Chief or his/her assistant of the Town Fire Department may make a report, in writing, to the Code Enforcement Officer of any building or structures which are, may be or are suspected to be unsafe buildings within the terms of this chapter. X. Duties of town departments. Any employee of any Town Department or any law enforcement official may make a report, in writing, to the Code Enforcement Officer of any buildings or structures which are or may be deemed to be unsafe buildings within the terms of this chapter. Such reports must be delivered to the Code Enforcement Officer within twenty-four (24) hours of the discovery of such building. A. Any person entitled to service (notice) under §4(C) may appeal from any notice and order or any action of the Code Enforcement Officer by filing at the office of the Code Enforcement Officer, within thirty (30) days from the date of service of such order, a written, dated appeal, in duplicate, containing: (1) A brief statement setting forth the legal interest of each of the appellants in the building or land involved in the notice and order. (2) A brief statement in ordinary and concise language of the specific order or action protested, together with any material facts supporting the contentions of the appellant. (3) A statement of relief sought and the reasons why it is claimed the protested order or action should be reversed, modified or set aside. (4) The signature of all parties named as appellants, and their official mailing addresses. (5) The verification of at least one (1) appellant as to the truth of the matters stated in the appeal. B. Upon receipt at his or her office of the appeal filed pursuant to this section, the Code Enforcement Officer shall cause one (1) copy to be stamped to show date of receipt and shall immediately forward that copy, together with a copy of the notice and order appealed from, to the Town Clerk, who shall file the appeal as a part of the records of the Town and shall present it at the next regular or special meeting of the Town Board. C. After receiving the written appeal, the Supervisor thereof shall set a date for hearing of the appeal by the Town Board, which date shall be not less than ten (10) days no more than sixty (60) days from the date the appeal was filed with the Code Enforcement Officer. Written notice of the time and place of the hearing shall be given at least ten (10) days prior to the date of the hearing to each appellant by the Town Clerk; copies of the notice shall also be delivered to the Building Inspector and the Town Attorney. D. The Town Board shall hold a hearing, at which time the Code Enforcement Officer may then present evidence in support of the notice and order and in rebuttal of appellant's case, after which the appellant may submit evidence in rebuttal of any evidence presented by the Code Enforcement Officer. E. At the conclusion of the hearing, the Town Board shall consider the evidence presented and shall make written findings of fact, based upon the evidence, to support its decision. Written findings and decision shall be rendered by the Town Board within ten (10) days from the date the hearing is concluded, and copies thereof shall be delivered to each appellant and the Code Enforcement Officer. The decision of the Town Board shall be final. F. If the original survey is sustained, in whole or in part, the Code Enforcement Officer shall also include an order directing the owner to proceed in accordance therewith and shall further specify that, unless the work is commenced with ten (10) days after service and 283 DECEMBER 19, 2007 TOWN BOARD MEETING PAGE 19 completed within six (6) months thereafter, which the Code Enforcement Officer shall designate, the penalties hereinafter shall be invoked. X1I. Penalties for offenses. A. Violation of any of the provisions of this chapter is hereby declared to be a violation pursuant to the Penal Law. B. For every violation of any provision of this chapter, the person violating the same shall be subject to a fine of not more than two hundred fifty dollars ($250.00) or imprisonment of not more than fifteen (15) days, or both such fine and imprisonment, as provided in the Penal Law. Every week the violation shall continue to constitute a new and separate offense. There was discussion regarding the proposed Local Law for the Revised Zoning Ordinance. Councilman Rocco suggested the Board table action on the proposed Local Law until the next Town Board Meeting to review the comments and concerns. Members of the Board concurred. Supervisor Tupper requested the representatives from the Town's engineering firm identify themselves. Engineer Scott Smith introduced himself and Mike Alexander from Clough Harbour & Associates LLP. Supervisor Tupper thanked Mr. Smith and Mr. Alexander and noted that Clough Harbour & Associates had worked on the revisions to the Zoning Ordinance for the past four years. The Board took Clough Harbour's advice on most of the revisions. Supervisor Tupper asked whether the Board had any questions for Mr. Smith or Mr. Alexander. Councilman Proud stated there were two recurring issues regarding the proposed Revised Zoning Ordinance: 1) aquifer protection; 2) lot coverage. According to Clough Harbour, there is not a direct correlation between aquifer protection and lot coverage. Scott Smith agreed with Councilman Proud, and stated that Clough Harbour would never agree with 100% lot coverage. Mr. Smith stated that any new development in the Town must go through the Town Planning Board process and stormwater management. The goal of stormwater management is for post -development conditions to meet the pre -development conditions. With regard to aquifer protection, Mr. Smith stated they are concerned with recharge and groundwater quality. However, there are engineering ways to mitigate both of the problems. There are ways to treat stormwater run-off, and ways to maintain the recharge regardless of how much is impervious; regardless of greenspace. Mr. Smith explained that there really is no scientific basis for percentages, and suggested that the percentages were a matter of opinion. Mr. Smith explained to those in attendance that Clough Harbour was involved with the Town's Wellhead Protection Plan that was discussed a few years ago. The purpose of the plan was to look at what the uses are, and to control the uses over the aquifer. Supervisor Tupper asked Mike Alexander for his opinion as a professional planner as to whether the proposed lot coverages of 50%-60%-70% were more restrictive than what other municipalities required in their ordinances. Supervisor Tupper stated that the Town is being restrictive even with lot coverages of 70-75%. Mike Alexander agreed with Supervisor Tupper's statement. He explained that in 2001- 2002, the Town undertook a planning operation to develop the Route 13 corridor study. Within the study, lot coverage was identified as an issue for wellhead protection, as well as the need to balance future development. Even with restrictions on the amount of impervious surface, Mr. Alexander stated there were engineering techniques that can address both quality and quantity of recharge back into the aquifer. Given the fact that the Town spent several years reviewing the issue and had considered everyone's comments and concerns, Mr. Alexander felt that a valiant effort had been made to find the balance. Mr. Alexander also explained the term greenspace, which is not only used to promote aquifer protection but also aesthetics. Mr. Smith stressed that everything was about balance. The Town had to look toward the future and be smart about the types of development that come to town. Councilman Rocco repeated Mr. Smith's opening statement that there are no scientific studies showing a specific percentage of lot coverage required. Mr. Smith stated that to his knowledge there was no scientific data. He stated that protection of the aquifer is about recharge and getting quality water back in the ground. Mr. Alexander advised the Board that certain uses are more threatening than others. He commended the Town for moving forward and updating the planning regulations. Z 84 DECEMBER 19, 2007 TOWN BOARD MEETING PAGE 20 To be clear, Attorney Folmer stated that Mr. Smith's point was that there is no scientific evidence that would display a difference in protection to the aquifer between 60% and 70% lot coverage. He clarified that Mr. Smith did not say that there is no relationship between lot coverage and protection, but that there is no difference between the 10% differential. RESOLUTION #246 TABLE ACTION ON LOCAL LAW OF 2007 — REVISED ZONING ORDINANCE Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby table action on the proposed Local Law of 2007 — Revised Zoning Ordinance, until the January 2, 2008 Town Board Meeting. There was discussion regarding the contract for cleaning services for the Raymond G. Thorpe Municipal Building. Supervisor Tupper explained he received two bids for cleaning the building from the current cleaner, Don's Janitorial Service, and from the J.M. Murray Center. He explained that the J.M. Murray Center's contract proposal was approximately $1,200 less per year than the current contract holder. The J.M. Murray's contract included cleaning supplies, which cost the Town between $3,000 and $4,000 per year. The J.M. Murray Center would also take care of waxing the floors, which the current cleaner planned to sub -contract at a cost of $400 per month. Supervisor Tupper apprised the Board that after the December 5, 2007 Town Board Meeting he approached the cleaner and gave her the opportunity to submit another contract for consideration, which she did not do. Councilman Rocco commented that the Board gave the current cleaner the opportunity to submit a new proposal. He suggested the Board award the contract to the J.M. Murray Center because of the savings to the Town. Councilman O'Donnell agreed and stated he was impressed by the comments submitted by satisfied customers who utilize the J.M. Murray Center's cleaning service. Attorney Folmer noted that the Director of the J.M. Murray Center was in attendance. He stressed to Mr. Benchley the importance in security at the municipal building with regard to confidential files and computers, and hoped that the cleaners would be professional. He noted a situation that occurred in the past regarding the improper use of a Town computer by one of the cleaners. Mr. Benchley stated that the J.M. Murray Center appreciated the opportunity to service the Town of Cortlandville. Although he did not anticipate any problems, he would pass along the concern. RESOLUTION #247 APPROVE THE 2008 ANNUAL CONTRACT FOR CLEANING SERVICES FROM THE J.M. MURRAY CENTER Motion by Councilman Rocco Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby approve the 2008 annual contract for cleaning services for the Raymond G. Thorpe Municipal Building from the J.M. Murray Center, in an amount not to exceed $20,340.00. Town Clerk Snyder reported she received notification from the Cortlandville Fire District regarding its annual election, held on December 11, 2007. Kevin Whitney was elected as Cortlandville Fire Commissioner for a five-year term, effective January 1, 2008 thru December 31, 2012. Town Clerk Snyder and the Board congratulated Mr. Whitney. z8s- DECEMBER 19, 2007 me] y,y/0i:T47_1I.767►1IaNI10 PAGE 21 Attorney Folmer reported: Partridge Hill Subdivision: Attorney Folmer apprised the Board he received the executed documents regarding the road dedication of Partridge Hill from Builder's Best Properties, LLC. The Board accepted the road dedication subject to receipt of the executed documents at the November 20, 2007 Town Board Meeting. After Supervisor Tupper signed the documents, Attorney Folmer would forward the documents to Riehlman, Shafer & Shafer for filing. Conveyance of Land: Attorney Folmer stated there was discussion concerning the transfer of land off NYS Route 281 between Dr. J. Lee Ambrose and the Town of Cortlandville. Attorney Folmer had a map showing the land. However, he apprised the Board that neither he nor Dr. Ambrose's attorney were certain what the parties intended to be conveyed. Dr. Ambrose was out of town and would contact Attorney Folmer when he returned. Bond Anticipation Note: Attorney Folmer apprised the Board the Bond Anticipation Note for the Raymond G. Thorpe Municipal Building was due December 27, 2007. He was in contact with bond counsel to take the appropriate steps with regard to the closing. The interest rate given by First Niagara Bank for the BAN was 3.65%. While Attorney Folmer would be out of town during the closing, Town Clerk Snyder and Supervisor Tupper would take care of the matter. Contracts for 2008: Attorney Folmer apprised the Board he reviewed the contracts for 2008 and found them to be appropriate. Attorney Folmer noted that while he reviews the contracts, he does not get involved with the budgetary issues. A letter stating his comments was forthcoming. RESOLUTION #248 ESTABLISH SCHEDULE OF TOWN BOARD MEETINGS FOR THE YEAR OF 2008 Motion by Councilman Testa Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the regular meetings of the Town Board of the Town of Cortlandville shall be held at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York on the first Wednesday of each month at 7:00 p.m., and the third Wednesday of each month at 5:00 p.m., with the exception of the months of January, February and March, in which the meetings will be held at 5:00 p.m. If such day should fall on a holiday, the meeting shall be held the next business day, and it is further RESOLVED, the May 7, 2008 meeting will be held at the Community Building in the Village of McGraw, and the June 4, 2008 meeting will be held at the Blodgett Mills Independent Baptist Church in Blodgett Mills, both held at 7:00 p.m., and it is fiu-ther RESOLVED, the Town Clerk shall have the meeting schedule posted in the newspaper in Legal Notice form. RESOLUTION #249 APPROVE HOLIDAY SCHEDULE 2008 Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Following Holiday Schedule for the year 2008 is hereby approved as follows: zg( DECEMBER 19, 2007 TOWN BOARD MEETING PAGE 22 New Years Day Tuesday January 01, 2008 Martin Luther King Jr.'s Birthday Monday January 21, 2008 President's Day Monday February 18, 2008 Good Friday Friday March 21, 2008 Memorial Day Monday May 26, 2008 Independence Day Friday July 04, 2008 Labor Day Monday September 01, 2008 Columbus Day Monday October 13, 2008 Election Day Tuesday November 04, 2008 Veterans Day, Tuesday November 11, 2008 Thanksgiving Day Thursday November 27, 2008 Friday November 28, 2008 Christmas Eve Wednesday December 24, 2008 Christmas Day Thursday December 25, 2008 New Years Eve Wednesday December 31, 2008 RESOLUTION #250 ESTABLISH MILEAGE RATE FOR PERSONAL VEHICLES USED FOR TOWN BUSINESS FOR THE YEAR 2008 Motion by Councilman Rocco Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the mileage rate to be paid by the Town, for personal vehicles used for Town business, is hereby established at the Federal IRS mileage rate for the year 2008, and is subject to audit by the Town Board, effective January 1, 2008. RESOLUTION #251 AMEND 2002 PERSONNEL POLICY SECTIONS 902-A HEALTH INSURANCE/DENTAL INSURANCE AND 903-A HEALTH AND DENTAL INSURANCE OF RETIRED EMPLOYEES, TO REFLECT CHANGES IN CONTRIBUTIONS EFFECTIVE JANUARY 1, 2008 Motion by Councilman Rocco Seconded by Councilman Proud VOTES: ALL AYE ADOPTED WHEREAS, due to an increase in health insurance and dental insurance costs, the Town Board determined it was appropriate to change the percent of contributions made by the Town and employees/retirees towards the cost of health insurance and dental insurance, therefore BE IT RESOLVED, the Town Board does hereby amend the 2002 Personnel Policy Section 902- A — Health Insurance/Dental Insurance, by decreasing the Town's contribution towards the cost of health insurance and dental insurance for its eligible employees and their dependants from eighty-nine (89) percent to eighty-eight (88) percent, and to therefore increase the percent of the insurance premium that the employees are responsible for from eleven (11) percent to twelve (12) percent, and it is further RESOLVED, the Town Board hereby amends the 2002 Personnel Policy Section 903-A Health and Dental Insurance of Retired Employees, by decreasing the Town's contribution by one (1) percent to full-time employees, including elected officials, who retired from the Town and their eligible spouses, according to the following schedule: Years of Service Town's Contributions 10 years 48% 15 years 58% 20 years 68% 25 years 78% AND BE IT FURTHER RESOLVED, the changes to the Personnel Policy are effective January 1, 2008. 1 1 287 DECEMBER 19, 2007 TOWN BOARD MEETING PAGE 23 RESOLUTION #252 AUTHORZIE TOWN JUSTICE TO ENGAGE THE SERVICES OF PORT, KASHDIN & MCSHERRY TO CONDUCT AN AUDIT OF THE 2007 JUSTICE COURT RECORDS Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Town Justice to engage the services of Port, Kashdin & McSherry, Certified Public Accountants, to conduct an audit of the 2007 Justice Court accounting records. RESOLUTION #253 ® AUTHORIZATION TO RELEVY DELINQUENT WATER AND SEWER ACCOUNTS TO THE 2008 TAX ROLL OF THE TOWN Motion by Councilman Proud Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, the list of delinquent accounts of the Water & Sewer Department of the Town was submitted, as required, therefore BE IT RESOLVED, the Town Board does hereby receive and forward the list of delinquent water and sewer accounts of the Town of Cortlandville to the Cortland County Real Property Tax Office, to be relevied onto the 2008 tax roll of the Town. RESOLUTION #254 AUTHORIZE REQUEST TO REDUCE SPEED LIMIT AND ESTABLISH A "NON -TRUCK" ROUTE ON MCLEAN ROAD Motion by Councilman Proud Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, a request was received from Raphael W. Stark III on December 11, 2007, to reduce the speed limit on McLean Road to 45 mph, between Deerfield Heights and the Cortland/Tompkins County line, and to establish a "non -truck" route on McLean Road, between Fairview Drive and the Cortland/Tompkins County line, and WHEREAS, McLean Road is a County Road, therefore BE IT RESOLVED, the Town Board does hereby authorize and direct the request to reduce the speed limit on McLean Road to 45 mph, between Deerfield Heights and the Cortland/Tompkins County line, and the request to establish a "non -truck" route on McLean Road, between Fairview Drive and the Cortland/Tompkins line, be submitted to the NYS DOT for approval, via the Cortland County Highway Superintendent for their input, as required. RESOLUTION #255 AUTHORIZE SUPERVISOR TO SIGN THE 2008 MUNICIPAL CONSULTING AGREEMENT WITH CLOUGH, HARBOUR & ASSOCIATES LLP. Motion by Councilman Proud Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the 2008 Municipal Consulting Agreement with Clough, Harbour & Associates LLP. DECEMBER 19, 2007 TOWN BOARD MEETING PAGE 24 There was discussion regarding a request made by Deputy Town Clerk, Chavonne LaPlant to be paid for unused vacation time. The Town Clerk's Office purchased a new water and sewer computer program that required a significant amount of training, created a considerable amount of work, and caused Deputy Town Clerk LaPlant to work overtime. Supervisor Tupper stated that granting the request would not set precedent, because the Board granted approval of a similar request several times in the past for another employee. Councilman Proud stated that whenever possible, vacation time should be used by the employees; vacation is a matter of mental health. However, he felt that the request should be granted based on the nature of the situation. He apprised the Board he met with Deputy Town Clerk LaPlant for a few hours and received a brief overview of the new water and sewer program. He felt that the new program would eventually be a benefit to the Town Clerk's Office. RESOLUTION #256 AUTHORIZE SUPERVISOR TO ISSUE PAYMENT TO DEPUTY TOWN CLERK CHAVONNE LAPLANT FOR ACCRUED UNUSED VACATION DAYS Motion by Councilman Proud Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, a request has been received by Deputy Town Clerk, Chavonne LaPlant to receive payment for her unused vacation time, and WHEREAS, Deputy Town Clerk LaPlant has accrued 10 unused vacation days, therefore BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to issue payment to Deputy Town Clerk, Chavonne LaPlant for 10 unused vacation days in the amount of $1,215.20, based on the 2007 payroll schedule. Councilman O'Donnell revisited the request made by Mr. Stark for a lower speed limit on McLean Road. He requested that Supervisor Tupper contact Mr. Stark to inform him of the Board's action. Supervisor Tupper agreed to contact Mr. Stark by phone or written correspondence. Councilman Rocco suggested the Board contact the truck companies that utilize the highway regarding the concern. On another note, Councilman Proud stated one of the effects on development that may not be appreciated is the effect on the Town Court. As development continues, the Town Court would become busier and busier. He commented that the Court would eventually have to add more court days. Attorney Folmer stated that the majority of the traffic tickets are written on Interstate 81, and are handled through the mail rather than an appearance in court. However, there are people who know how to use the system and those who do not. No further comments or discussion were heard. Councilman Rocco made a motion, seconded by Councilman Testa, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 6:15 p.m. Respectfully submitted, Karen Q. Snyder, RMC Town Clerk Town of Cortlandville 1 *Note: The draft version of this meeting was submitted to the Town Board for their review on February 20, 2008.