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HomeMy WebLinkAbout2007-02-13 - TB TOWN OF ULYSSES REGULAR TOWN BOARD METING FEBRUARY 13 , 2007 Present : . Supervisor Douglas Austic ; Town Council Roxanne Marino , Don Ellis , Rod Ferrentino and Lucia Tyler; Town Clerk Marsha L . Georgia; Deputy Supervisor Richard Coogan; Town Highway Superintendent James Meeker. Others Present : Alex Rachun Code Enforcement Officer; Sue Poelvoorde Chair of the Comprehensive Plan Committee ; Bill Chaisson Free Press Reporter; Jim Dennis Representative Tompkins County Legislature and Juraj Gavurnik . Supervisor Austic called the meeting to order at 7 : 30 PM and led those assembled in the pledge of Allegiance to the Flag of the United States of America. APPROVAL OF MINUTES 1 /9/07 RTB & STB 1 /22/07 After discussion about the minutes and minor changes and corrections made by Ms . Marino and Ms . Tyler Mr. Austic moved, seconded by Mr. Ferrentino the following : BE IT RESOLVED that the Town Board of the Town of Ulysses approve the minutes of the Regular Town Board Meeting of January 9, 2007 and the Special Town Board Meeting of January 22 , 2007 as corrected . APPROVAL OF CLAIMS Mr. Ellis moved, seconded by Mr. Ferrentino the following : BE IT RESOLVED that the Town Board of the Town of Ulysses approve the previous examined voucher # ' s 21 through 72 in the amount of $45 , 926 . 23 Mr. Austic aye Mr. Ferrentino aye Ms . Tyler aye Mr. Ellis aye Ms . Marino aye Adopted . REPORTS OF REPRESENTATIVES Tompkins County Board of Representative Jim Dennis reported that the County has planned a community budget forum . The one for Ulysses, Enfield, Newfield and Danby will be held March 101", 2007 at 910 am until 12 : 30 PM (Saturday) at the Enfield Elementary School . Mr. Dennis said the program format is a presentation, then an opportunity for questions followed by small group discussions . This is an education adventure where the County is hoping to explain how the County spends the money for the local share and mandated programs . Mr. Dennis reported that there has been a second meeting of the County Health Department Building Committee that will pick a site for a location of a new Health Department and the design will be done in 2007 . Mr. Dennis said the County Legislature gives a distinguished youth award every month. This months recipient of the award is Ben Dodge ; a young man who volunteers at the Trumansburg Fire Department. Mr. Dennis asked the Board to consider making some determination on the exemption for veterans . Regular Towii Board Meeting 2 02/ 13/2007 Mr. Ellis asked regarding the building site location for the Health Department if it would be a good idea for the Board to write a letter of support for the site nearest to Ulysses, if the Board was so inclined. Mr. Dennis said that would be great and send it to the County Health Department Building Committee which Frank Proto is the Chair. The Board added the Veterans Exemption to the agenda under other. Trumansburg Fire Department — Ms . Tyler read the Fire Report into the record as follows : • 7 fire and rescue calls for Ulysses — 18 total • 23 ambulance calls Ulysses — 47 total • 597 hours in training • 187 . 3 service hours — total 784 . 3 Ms . Tyler said that she has been requested by the Fire Department and the Village Fire Commissioner, Rose Hilbert to ask the Town Board to consider an additional amount of money to cover payroll cost that the Fire Department may occur by hiring a couple of EMT's at a hirer rate of pay than was put into the Fire Budget . Mr. Austic stated that the Town has a contract that has been signed and the taxes have been raised . It is not a good time to come and ask for additional monies . Ms . Tyler also ; said that the Fire Department needs some legal work done which was not budgeted for and this is to bring them into compliance with the new New York State regulations and also some older laws that they are not in compliance with. This would give the Fire Department a secure legal basis and reduce their liability so they are asking the Town to contribute for the unexpected costs . Ms . Tyler moved that the Town of Ulysses cover the payroll debt and legal fees of the Trumansburg Fire Department proportionate to the Town ' s use . Ms . Marino seconded the motion for discussion. Ms . Marino asked when the Village would need this . Ms . Tyler said that they want the Town to commit to it because their budget year is different. Mr. Austic says that does not make any difference because the contract with the Fire Department and the Town is for one year from January 1St to December 31st. The Town raised tax money to pay that contract and there is no way to get more money to pay the extra cost. Mr. Ferrentino agrees with Mr. Austic and why all of a sudden are they coming forward and asking for these funds, they should have it in their contingency fund . Mr. Ferrentino asked if this came from the Village or the Fire Chief Ms . Tyler said that this came from both . Ms . Tyler asked Chief Fulton if he wanted her to present at tonight ' s meeting and he said yes . So Ms . Tyler said it did not come from just the Village . Mr. Austic asked if it came from the Village at all . Ms . Tyler said she spoke with Chief Fulton and the Village Fire Commissioner, Rose Hilbert about this . Ms . Tyler feels that it is reasonable for the Town to make some contribution. Regular Town Board Meeting 3 02/ 13/2007 Mr. Ellis said he feels the way it is presented is sort of bad and there should be a contingency in their budget for these sorts of things . Ms . Marino moved to table this resolution, pending more detailed information from the Village, seconded by Mr. Austic . Mr. Austic aye Mr. Ferrentino aye Ms . Tyler aye Mr. Ellis aye Ms . Marino aye Adopted. PLANNING BOARD REPORT — Mr. Rachun reported that the Planning Board is reviewing two Site Plans . The Ithaca Mill Work building has been sold to a wholesale distributor and some minor items need to be reviewed along with a Site Plan for where Sleeping Bear Futons was, that is now a Montessori DayCare Center. COMPREHENSIVE PLAN — Ms . Poelvoorde reported that the committee has been working mostly over the past four months on getting the questions formatted and getting the information that the committee is looking for on the survey covering housing, transportation, environment and all of the topics that were covered in the comprehensive plan. For the most part the survey has been finalized except for some wording on the agriculture section. For this section they are checking with Monica Roth to make sure they are getting the questions worded so that people understand what it is they are asking for. In March the Cornell Survey Center will format the survey in a form to be printed, and hopefully we will get it mailed out. At the Committee ' s February 27th meeting they will be talking about the scope of services that they would like to have a consultant do . Also gather current stats on the Town population, housing and all that. Ms . Poelvoorde sees reaching out to the Towns neighbors, Towns of Hector and Covert . Ms . Poelvoorde also read in the newspaper that the Town of Ithaca will be re-visiting their Comprehensive Plan so Ulysses will want to talk with them . Ms . Poelvoorde will provide a copy of the revised survey to the Board . BLACK DIAMOND TRAIL — Ms . Poelvoorde reported that the Parks had a meeting with Tompkins County Planning, the Department of Public Works, Superintendent of the County Highway Department and Ithaca Tompkins County Transportation Council and that meeting was to clear up when the County offered up help to the State Park to get the corridor open and usable. At this present time that has been put on hold because the agency wants to finish the Master Plan and the Environmental Impact Statement process for the Black Diamond Trail so the State Park will keep the County informed and may have them come back to talk about this help late fall or early winter next year. Ms . Poelvoorde said that Ulysses is a small Town with a small crew and there may be other ways to help out such as storing lime stone dust or the use of a truck. Ms . Poelvoorde will advise when the project gets closer. PUBLIC PRIVILEDGE OF THE FLOOR — No one in attendance wished to speak. TOWN REPORTS Highway Superintendent James Meeker reported the following : • General maintenance on trucks, spreaders and plow trucks . • New radiator for the 1996 Ford One-Ton truck • New rear brakes & rotors for the F550 • Busy month plowing and salting, lots of wind causing drifts and very old • No fuel problems F i 1 Regular TowniBoard Meeting 4 02/ 13/2007 Code Enforcement Office Alex Rachun reports there were no building permits issued last month and he is spending his time doing fire inspections and inspections of multi units . . Town Clerk Marsha L. Georgia report that a total of $ 802 of which $ 597 was turned over to the Supervisor along with her monthly report and no fees taken in for Plumbing Permits . Total collected in 2007 taxes to date is $3 , 116 , 152 . The 1st installments were turned over to Tompkins County Budget and Finance on Monday and around 238 residents took advantage of the installment option. $9 , 382 for the service charge on the , installments was paid to the County and also $2 , 100,000 on the warrant. Only $ 378 , 000 left to collect for 2007 . Board Members and Committees Ms. Tyler moved, seconded by Mr. Ellis the following : BE IT (RESOLVED by the Town Board to remove 9C from tonight ' s agenda because there is no new information on that . Mr. Austic said it was not the point that there is no new information and asked what new information would she like . Ms . Tyler said the Board wants information from Eric Pond. Mr. Austic said the information they are waiting for from Eric Pond does not have any thing to do with Water District #5 . Mr. Austic cabled the vote . Mr. Austic nay Mr. Ellis aye 1 Ms . Tyler aye 9' Ms . Marino aye Mr. Ferrentino nay Adopted . Ms . Marino reported that she had attended the Ulysses Youth committee meeting on February 6th and reported the status of the Recreation Partnership Board. Ms . Marino also reported a Planning Retreat on February 28th will be held to set the goals for the next few months of the ' evaluation of the partnership programming and cost structure . Ms . Marino said that at the Ulysses Youth Commission meeting she raised the resolution that the Town Board passed in September to form a committee to gather information on youth recreation and enrichment program options and needs in Ulysses to help form a decision on whether the Town and Village would continue to participate in the Recreation Partnership past this year. The Youth Commission was supportive of such a process and felt it would be a good place to share all of the information with the community and get feed back from the parents of children of all ages with regards to what kind of recreation programs they like and what their satisfaction is with the existing offerings . Ms . Marino said that the County Youth staff will assist by providing background information and by holding community forums . Ms . Marino said that the Youth Commission passed a resolution in support of forming a working group of people ; tentatively seven to nine people with at least four from the Youth Commission, and looking to include the Town and Village Board representatives as well as parents of different age children in the Town and including at least one or two representatives or parents who live in the Ithaca City School District. We are working now on finding interested individuals to move this forward. Supervisor Austic asked if everyone had their operating statement and the information on the fund balances . Mr. Austic also announced that the Annual Financial Audit is z 4 i • Regular Town Board Meeting 5 02/ 13/2007 complete and he will be sending it to the State next week. It is available for review and is on file in the Clerks ' office . Mr . Austic said the Board also has his recommendations to set up a couple of reserves with the fund balances and use some of the money to fund those. The Board discussed the different fund balances after the closing of the 2006 budget. Mr. Austic stated that the Board should keep it in their minds for the next budget that • since the Town of Ulysses took all of the sales tax for 2007 the County rate for the Town of Ulysses went up by $ . 90 therefore this fall the Town should be able to be responsible enough to use the fund balance, to use the sales tax to get the Town of Ulysses tax down by $ . 90 . Deputy Supervisor Richard Coogan reported that he had gotten together with Ms . Marino and discussed making up folders with information trying to both organize and reduce the amount of paper Board members are receiving. The folders would hold information on things like the Health Department reports that get sent on the water districts, the Shared Service Grant, building reports, water testing reports etc . (Ms . Marino said she would like to put this idea on the agenda for the next meeting) . Mr. Coogan said that the Stormwater Committee is getting ready to start the annual report and this year it will be difficult and this will be the last annual report before the Town becomes fully responsible for the regulations of Stoiinwater so they are looking for a lot of movement towards becoming fully regulated. Mr. Coogan received a note from Kate Hacket to see if there would be any interest in the County Planning holding a joint informational meeting with the Town and Village where there would be a presentation on the aquifer study being done by USGF and the County. The last thing Mr. Coogan reported that he has been elected Chair of the Tompkins county Planning Advisory Board. Mr. Ellis would like Mr. Coogan to look into several things for the Board relative to Water District #5 : • Investigate the impact of the proposed district on development • What is the financial shape in relationship to persons that live in the Village, live in the extended Village water, and everybody else who has a financial impact — set up a model Ms . Marino said she would be interested in having an informational meeting with the Village about the aquifer. Ms . Marino asked about the transportation study. Mr. Coogan said that it will move forward and will report on when more information is available . OLD BUSINESS Action on Stormwater Law Mr. Austic moved, seconded by Mr. Ferrentino the following : Whereas : NYSDEC has designated sections of The Town of Ulysses to be classified as a Municipal Separate Stormwater Sewer Systems (MS4) area, and has also established that such MS4 municipalities are required to enact a Local Law governing Stormwater management and erosion control practices within the municipality, and Regular Town Board Meeting 6 02/ 13 /2007 Whereas : Thei Town of Ulysses Town Board duly appointed a committee to review and make recommendations for such a law, and that the committee recommended that the Model Stormwater Law provided by NYSDEC fits the needs of the town at this time, and Whereas : The Model Law was presented to the public at a duly advertised public hearing at the Ulysses Town Hall on January 9th at 7 : PM and there were no opposing comments about the Model Law at that public hearing as noted in the minutes of the hearing, Now Therefore it be Resolved that : The Ulysses Town Board enacts Local Law # 01 of 2007 to incorporate the requirements for MS4 communities to s establish requirements governing Stormwater management and erosion and sediment control procedures for the community. • Ms . Marino has questions and feels the Board never discussed the wording of the Law , and she had some questions she would like to raise before voting on the law . Mr. Austic aye Mr. Ferrentino aye Mr. Ellis nay Ms . Marino nay Ms . Tyler nay Defeated. Ms. Marino said she would bring her questions to March 13 , 2007 Town Board meeting, for discussion and vote on the law . Approval of SMSI Grant Initial Funding Mr. Austic moved, seconded by Mr. Ferrentino the following : SMSI GRANT AUTHROIZATION Whereas the Town of Ulysses has accepted the grant award of $45 , 540 . 00 as per award letter of December 29, 2006 to work cooperatively with the Towns of Carol me and Newfield to investigate the possibility of establishing a shared Stormwater Enforcement Officer to potentially decrease the cost of the expense to each town, and Whereas the mode of funding claims for the SMSI grant has been changed for the 2907 year by not awarding any up-front money to pay expenses until reimbursement claims are received, and Whereas there is a need to have money available to pay expenses as they incurred and before reimbursements are received by the administrator town, the Town of Ulysses . Now Therefore it be Resolved that the Town of Ulysses make available as needed up to $ 10, 000 to be used to pay accrued expenses of the SMSI grant process . Be it further resolved that when the expense reimbursements are received that the Town of Ulysses up-front money will be paid back to the Town . Mr. Austic aye Mr. Ferrentino aye Ms . Tyler aye Mr. Ellis aye Ms . Marino aye Adopted. A new line in the B Fund (8025) to cover this will be established. The Board decided to use unallocated fund balance in the B fund as a revenue to balance the addition until . The up-front money is paid back. Regular Town Board Meeting 7 02/ 13/2007 Association of Towns Resolutions The Resolutions were previously read by the Board . Ms . Tyler moved, seconded by Mr. Austic the following : Be It Resolved by the Town Board of the Town of Ulysses to except all the resolutions presented by the Association of Towns and Mr. Coogan the Towns representative at the Associations Annual meeting will forward the vote . Mr. Austic aye Mr. Ferrentino aye Ms . Tyler aye Mr. Ellis aye Ms . Marino aye Adopted . Rules and Procedures Mr. Ellis moved, seconded my Ms . Tyler the following : BE IT RESOLVED that the Town Board of the Town of Ulysses approve the last edited version of the Rules and Procedures email to the Board from Ms . Marino on February 13th, 2007 . Mr. Austic said that he has a couple of things that he does not agree with in the document; one is the seating arrangement that he objected to earlier at the other meetings and two that a majority of the Board can determine if someone is out of order and be disruptive. Mr. Austic feels that should be a supermajority. Ms . Marino said that in Roberts Rules it is a majority. Mr. Ellis feels that is reasonable . The vote to adopt the Rules and Procedure document has to be a supermajority. Mr. Ellis wanted to talk about Mr. Austic ' s other point about the seating and, asked Mr. Austic if he thinks the seating works . Mr. Austic said yes — if the three Board members that are concerned would sit on the same side they could see each other. Ms. Tyler said it does not work for discussion because Board members can not make eye contact and read the body language . Mr. Austic called the vote . Mr. Austic nay Mr. Ellis aye Ms . Marino aye Ms . Tyler aye Mr. Ferrentino nay Defeated . Veterans Exemption Mr. Austic moved, seconded by Mr. Ferrentino the following : BE IT RESOLVED that the Town Board of the Town of Ulysses adopt the Veterans Alternative Exemption proposed by the County for the year 2008 . Regular Town Board Meeting 8 02/ 13/2007 Mr. Austic aye Mr. Ferrentino aye Ms . Tyler abstained Mr. Ellis abstained Ms . Marino aye Adopted . Ms . Marino moved, seconded by Ms . Tyler the following : BE IT 'RESOLVED that the Town Board of the Town of Ulysses operated under Roberts Rules of Order procedures until we can get other ones passed . Mr. Austic aye Mr. Ferrentino nay Ms . Tyler aye Mr. Ellis aye Ms . Marino aye Adopted . NEW BUSINiESS Action on Local Law #2 of 2007 This Law will now become Local Law # 1 because the previous Local Law did not pass . Mr. Austic moved, seconded by Mr. Ferrentino the following : Whereas : The New York State Department of State requires that every municipality in the state who enforces the NYS Uniform Code enact a local law governing the implementation and enforcement of the I\YS Uniform Code, and Whereas : NYDOS has provided municipalities with a model local law providing for such enforcement, and Whereas : The Attorney for the Town has reviewed the model law and has made suggestions which were incorporated into the state ' s model to suite the needs of the Town of Ulysses , and Whereas : A public hearing on the model law was duly advertised and held at the Ulysses Town Hall on February 13 at 7 : 15 PM, and hearing no substantial objections to the modified NYS model local law, Now Therefore it be Resolved That : The Town of Ulysses Town Board does herby 'enact Local Law # 1 of 2007 to provide for the enforcement of the NYS Uniform Fire Prevention and Building code as hereby presented with specific modifications for the Town of Ulysses . A LOCAL LAW PROVIDING FOR THE ADMINISTRATION AND ENFORCEMENT OF THE NEW YORK STATE UNIFORM FIRE PREVENTION AND BUILDING CODE Local Law # 1 of 2007 . Be it enacted Iby the Town Board of the Town of Ulysses, in the County of Tompkins, as follows : Regular Town Board Meeting 9 02/ 13/2007 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 this Town. 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 . In addition, this local law supersedes and revokes all of the provisions of Local Law # 2 of 1985 . 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" shall mean a certificate issued pursuant to subdivision (b) of section 7 of this local law . Such a Certificate shall be issued by the Code Enforcement Officer and generally shall be issued to certify that all work completed on a new building has been completed as per the plans submitted and is compliant with all of the requirements of the Uniform Code and any other applicable rules and regulations , or is suitable for compliance for the occupancy for which the certificate is issued . "Certificate of Compliance" shall mean a certificate issued pursuant to subdivision (b) of section 7 of this local law . The Certificate of Compliance shall be issued by the Code Enforcement officer generally for the purpose of certifying that all work completed on existing buildings and new buildings and structures not containing habitable space is as per the plans submitted and is in compliance with the requirements of the Uniform Code and all other applicable rules and regulations . "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 4 of this local law . "Operating Permit" shall mean a permit issued pursuant to section 10 of this local law . The term "Operating Permit" shall also include an Operating Permit which is renewed, amended or extended pursuant to any provision of this local law . "Permit Holder" shall mean the Person to whom a Building Permit has been issued. "Person" shall include an individual , corporation, limited liability company, partnership , limited partnership , business trust, estate, trust, association , or any other legal or commercial entity of any kind or description . "Stop Work Order" shall mean an order issued pursuant to section 6 of this local law . Regular Town ,Board Meeting 10 02/ 13/2007 "Temporary Certificate" shall mean a certificate issued pursuant to subdivision (d) of section 7 of this local law . "Town" shall mean the Town of Ulysses . "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 0 fficer 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, Certificates of Occupancy, Certificates of Compliance, Temporary Certificates and Operating Permits , and the plans, specifications and construction documents submitted with such applications ; (2) upon approval of such applications, to issue Building Permits, Certificates of Occupancy, Certificates of Compliance, Temporary Certificates and Operating Permits, and to include in Building Permits , Certificates of Occupancy, Certificates of Compliance, Temporary Certificates and Operating Permits such terms and conditions as the Code Enforcement Officer may determine to be appropriate; (3 ) to conduct construction inspections, inspections to be made prior to the issuance of Certificates of Occupancy, Certificates of Compliance, Temporary Certificates and Operating Permits, fire safety and property maintenance inspections, inspections incidental to the investigation of complaints, and all other inspections required or permitted under any provision of this local law ; (4) to issue Stop Work Orders ; (5) to review and investigate complaints ; (6) to issue orders pursuant to subdivision (a) of section 15 (Violations) of this local law ; (7) to maintain records ; (8) to collect fees as set by the town Board of this Town ; (9) to pursue administrative enforcement actions and proceedings ; ( 10) in consultation with this Town 's 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 . The Code Enforcement Officer shall possess background experience related to building construction and/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 obtain Regular Town Board Meeting 11 02/ 13/2007 certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated there under. (c) In the event that the Code Enforcement Officer is unable to serve as such for any reason, an individual shall be appointed by the Town Board to serve as Acting Code Enforcement Officer. The Acting Code Enforcement Officer shall , during the term of his or her appointment, exercise all powers and fulfill all duties conferred upon the Code Enforcement Officer by this local law . (d) One or more Inspectors may be appointed the Code Enforcement Officer 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 there under. (e) The compensation for the Code Enforcement Officer and Inspectors shall be fixed from time to time by the Town Board of this Town. 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 144 square feet ( 13 . 88 square meters) ; (2) installation of swings and other playground equipment associated with a one- or two - family dwelling or multiple single-family dwellings (townhouses) ; (3 ) installation of swimming pools associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses) where such pools are designed for a water depth of less than 24 inches and are installed entirely above ground ; (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) ; Regular Town Board Meeting 12 02/ 13/2007 (8) installation of partitions or movable cases less than 5 '-9 " in height ; (9) painting, wallpapering, tiling, carpeting, or other similar finish work; 1( 10) installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances ; 1 ( 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 load-bearing 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; 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 Regular Town Board Meeting 13 02/ 13/2007 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 . (0 Issuance of Building Permits . An application for a Building Permit shall be examined to ascertain whether the proposed work is in compliance with the applicable requirements of the Uniform Code and Energy Code . The Code Enforcement Officer shall issue a Building Perniit if 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. (j ) Revocation or suspension of Building Permits . If the Code Enforcement Officer determines that a Building Permit was issued in error because of incorrect, inaccurate or incomplete information , or that the work for which a Building Permit was issued violates the Uniform Code or the Energy Code, the Code Enforcement Officer shall revoke the Building Permit or suspend the Building Permit until such time as the Permit 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. Regular Town Board Meeting 14 02/ 13/2007 (b) Elements of work to be inspected . The following elements of the construction process shall be inspected made, 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 ( 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, re- inspected, 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. Regular Town Board Meeting 15 02/ 13/2007 (c) Service of Stop Work Orders . The Code Enforcement Officer shall cause the Stop Work Order, or a copy thereof, to be served on the owner of the affected property (and, if the owner is not the Permit Holder, on the Permit Holder) personally or by certified mail . The Code Enforcement Officer shall be permitted, but not required, to cause the Stop Work Order, or a copy thereof, to be served on 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 certified mail ; provided, however, that failure to serve any Person mentioned in this sentence shall not affect the efficacy of the Stop Work Order. (d) 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. SECTION 7. CERTIFICATES OF OCCUPANCY / CERTIFICATES OF COMPLIANCE (a) Certificates of Occupancy required. A Certificate of Occupancy 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 sub-classification 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. (b) Issuance of Certificates of Occupancy or Certificates of Compliance. The Code Enforcement Officer shall issue a Certificate of Occupancy or a 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 sub-classification 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. : ( 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 : Regular Town Board Meeting 16 02/ 13/2007 0 ) 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 t:he Certificate 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 by the Temporary Certificate, may be occupied safely, (2) that any fire- and smoke-detecting or fire protection equipment which has been installed is operational, and (3 ) that all required means of egress from the building or structure have been provided . The Code Enforcement Officer may include in a Temporary Certificate such terms and conditions as he or she deems necessary or appropriate to ensure safety or to further the purposes and intent of the Uniform Code. A Temporary Certificate shall be effective for a period of time, not to exceed 6 months, which shall be determined by the Code Enforcement Officer and specified in the Temporary Certificate. During the specified period of 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, 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 . (0 Fee . The fee specified in or determined in accordance with the provisions set forth in section 16 (Fees) of this local law must be paid at the time of submission of an !application for a Certificate of Occupancy, Certificate of Compliance or for Temporary Certificate . SECTION 8 . NOTIFICATION REGARDING FIRE OR EXPLOSION . The chief of any fire department providing fire fighting services for a property within this Town shall promptly notify the Code Enforcement Officer of any fire Regular Town Board Meeting 17 02/ 13/2007 or explosion involving any structural damage, fuel burning appliance, chimney or gas vent. SECTION 9. UNSAFE BUILDING AND STRUCTURES Unsafe structures and equipment in this Town shall be identified and addressed in accordance with the following procedures : (a) The reason for the unsafe determination of the building, structure or equipment shall be made and documented by the Code Enforcement Officer. (b) The owner of the building, structure or equipment deemed to be unsafe shall be notified within 48 hours of the determination by Certified mail as to the specifics of the unsafe determination and notified that the building, structure or equipment shall not be used until the non-compliant issues are remedied and re-inspected by the Code Enforcement Personnel making the original determination. (c) Failure to remedy the unsafe condition may result in legal actions to enforce the intent of this 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 19NYCRR 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 this Town . Any person who proposes to undertake any activity or to operate any type of building listed in this subdivision (a) shall be required to obtain an Operating Permit prior to commencing such activity or operation. (b) Applications for Operating Permits . An application for an Operating Permit shall be in writing on a form provided by or otherwise acceptable to the Code Enforcement Officer. Such application shall include such information as the Code Enforcement Officer deems sufficient to permit a determination by the Code Enforcement Officer that quantities, materials , and activities conform to the requirements of the Uniform Code . If the Code Enforcement Officer determines that tests or reports are necessary to 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 . Regular Town Board Meeting 18 02/ 13/2007 (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 . • (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. (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 111 . 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 36 months . (b) Inspections permitted. In addition to the inspections required by subdivision (a) of this section, a fire safety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Code Enforcement Officer or an Inspector designated by the Code Enforcement Officer at any time upon : ( 1 ) the request of the owner of the property to be inspected or an authorized agent of such owner; (2) receipt by the Code Enforcement Officer of a written statement alleging that conditions or activities failing to comply with the Uniform Code or Energy Code exist; or (3 ) receipt by the Code Enforcement Officer of any other information, reasonably believed by the Code Enforcement Officer to be reliable, giving rise to Regular Town Board Meeting 19 02/ 13/2007 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 . Notwithstanding any other provision of this section to the contrary: ( 1 ) the Code Enforcement Officer shall not perform fire safety and property maintenance inspections of a building or structure which contains an area of public assembly if OFPC performs fire safety and property maintenance inspections of such building or structure at least once every twelve ( 12) months; (2) the Code Enforcement Officer shall not perform fire safety and property maintenance inspections of a building or structure occupied as a dormitory if OFPC performs fire safety and property maintenance inspections of such building or structure at least once every twelve ( 12) months; (3 ) the Code Enforcement Officer shall not perform fire safety and property maintenance inspections of a multiple dwelling not included in paragraphs ( 1 ) or (2) of subdivision (a) of this section if OFPC performs fire safety and property maintenance inspections of such multiple dwelling at intervals not exceeding the interval specified in paragraph (3 ) of subdivision (a) of this section; and (4) the Code Enforcement Officer shall not perform fire safety and property maintenance inspections of a non-residential building, structure, use or occupancy not included in paragraphs ( 1 ) or (2) of subdivision (a) of this section if OFPC performs fire safety and property maintenance inspections of such non- residential building, structure, use or occupancy at intervals not exceeding the interval specified in paragraph (3 ) of subdivision (a) of this section. ] (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, ordinance 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 ; Regular Town Board Meeting 20 02/ 13 /2007 (c) if appropriate, issuing a Stop Work Order; (d) if a violation which was found to exist is abated or corrected, performing an inspection to ensure that the violation has been abated or corrected, preparing a final written report reflecting such abatement or correction, and filing such report with the complaint . SECTION 13 : RECORD KEEPING. (a) The Code Enforcement Officer shall keep permanent official records of all transactions and activities conducted by all Code Enforcement Personnel, including records of: ( 1 ) all applications received, reviewed and approved or denied; (2) all plans , specifications and construction documents approved; (3 ) all Building Permits, Certificates of Occupancy, Certificates of Compliance, Temporary Certificates, Stop Work Orders, and Operating Permits issued; (4) all inspections and tests performed; (5 ) all statements and reports issued; (6) all complaints received; (7) all investigations conducted ; (8) all other features and activities specified in or contemplated by sections 4 through 12 , inclusive, of this local law, including; and (9) all fees charged and collected. (b) All such records shall be public records open f or public inspection ection 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 this Town a written report and summary of all business conducted by the Code Enforcement Officer and the Inspectors, including a report and summary of all transactions and activities described in section 13 (Record Keeping) of this local law and a report and summary of all appeals or litigation pending or concluded. (b) The Code Enforcement Officer shall annually submit to the Secretary of State, on behalf of this Town, on a form prescribed by the Secretary of State, a report of the activities of this Town relative to administration and enforcement of the Uniform Code . n (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 this Town is required to maintain, excerpts, summaries , tabulations, statistics and other information and accounts of the 4 activities of this Town in connection with administration and enforcement of the Uniform Code . SECTION ; 15 : VIOLATIONS ;gl '3. f + } Regular Town Board Meeting 21 02/ 13 /2007 (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 Certified 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 Certified 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 this Town . (d) Injunctive Relief An action or proceeding may be instituted in the name of this 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 this 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 Supervisor of this Town. (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 Regular Town Board Meeting 22 02/ 13/2007 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 wayiof 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 382of 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 this Town. 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, 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 this Town may, by resolution, authorize the Town Supervisor of this 'Town to enter into an agreement, in the name of this 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. Mr. Austic aye Mr. Ferrentino aye Ms . Tyler aye Mr. Ellis aye Ms . Marino aye Adopted. y . Public Informational Meetings for IIRG Mr. Austic stated that there has to be two public informational meetings before April for the Housing Rehab Grant sponsored by Better Housing. • 1st meeting February 26th at 6 PM • 2nd meeting March 20th at 6 : 30 PM We need to get information to use for advertising. Emergency Radio Protection Law E # { I Regular Town Board Meeting 23 02/ 13 /2007 Mr. Austic moved, seconded by Mr. Ferrentino the following : LOCAL LAW #2 - 2007 EMERGENCY RADIO COMMUNICATIONS PROTECTION LAW PURPOSE : The purpose of this local law is to prevent interference with the countywide public safety radio communications system which is used by emergency service providers in this municipality and throughout Tompkins County. FINDINGS : 1 . Any structure exceeding fifty feet in height above the ground is a potential cause of interference, interruption or severe degradation of the countywide public safety radio communications system ; 2 . The public safety communications system was constructed at considerable cost to taxpayers ; 3 . This municipality has invested funds to provide emergency service workers with training and communications equipment to enable these emergency service providers to effectively use the communication system ; 4 . The countywide communications system is crucial to the provision of police, fire, medical, ambulance and other public services for those who work, reside or own property in this municipality; 5 . It is imperative that the emergency communications system be protected from interference, interruption or degradation by the construction or modification of any buildings or structures within the municipality. REQUIREMENTS : A. No person may construct or modify any structure, including but not limited to any building, silo or windmill, exceeding fifty feet in height above the ground without following the provisions of this local law ; B . No persons shall construct or modify any structure unless they submit detailed design plans for the structure to the municipality. In addition to any other permit or application fees, a fee of $ 100 must be submitted to the municipality in order to cover the County's cost of hiring a radio communications expert to determine whether the proposed new construction is likely to interfere with the countywide radio communications system; C . In the event of potential interference the applicant shall be notified . If the applicant wish to proceed with the application they shall be required to pay any additional costs for the radio communications expert to analyze the potential interference and to propose appropriate remediation. D . In the event that the retained radio communications expert determines that the construction or modification may result in interference, interruption or degradation of the countywide communication system any approval of the site plan application shall be conditioned upon the applicant making any and all remedial measures that the expert determines are needed in order to avoid the interference, interruption or degradation; E . No permit shall be given and no construction, alteration or modification may I take place to any such building or structure until the radio communications expert notifies the municipality that the structure will not interfere with the county-wide radio communication system . ENFORCEMENT : . . a, - - •-_.._-___.__ Regular Town Board Meeting 24 02/ 13/2007 A. The provisions of this local law may be enforced by the Municipality or the County and shall include, but not be limited to , an injunction or specific performance . Any person in violation of this local law shall be responsible for all costs and attorney' s fees incurred by the municipality or the County in enforcing the provisions of this law . B . The violation of this local law shall constitute an offense, and a person guilty of such offense may be punished by a fine not exceeding $250 . 00 . EFFECTIVE DATE : This local law 'shall become effective upon filing with the Secretary of State . Mr. Austic aye Mr. Ferrentino aye Ms . Tyler aye Mr. Ellis aye Ms . Marino aye Adopted. Reserve Fund Resolutions . Tabled until the working session on February 26th Planning Board Appointment Mr. Ferrentino moved, seconded by Mr. Austic the following : • BE ITS RESOLVED that the Town Board of the Town of Ulysses appoint David Kerness to the Planning Board based on the recommendation from the Planning Boardlto fill the unexpired term of Margo Chiuten . Mr. Austic aye Mr. Ferrentino aye Ms . Tyler aye Mr. Ellis aye Ms . Marino nay Adopted. •Comprehensive Plan Committee Appointment Ms . Marino moved, seconded by Mr. Austic the following : BE IT RESOLVED that the Town Board of the town of Ulysses appoint Charles Schlough to the Ulysses Comprehensive Plan Committee. It was noted that Mr. Schlough lives in the Town of Covert, Seneca County. It was suggested that someone may challenge the Comprehensive Plan because he is not a resident. Ms; Marino noted that the Comprehensive Plan Committee is only an advisory board and the Town Board adopts a Comprehensive Plan. Mr. Austic nay Mr. Ferrentino nay .a Ms . Tyler nay Mr. Ellis nay Ms . Marino aye Defeated . Regular Town Board Meeting 25 02/ 13/2007 Items for Agenda for the February 26th Working Session • Stormwater Law • Formalizing paper information • Set meeting for work on Zoning Law • Reserve Fund Resolutions • Resolution on Personal Records Hearing no further information Mr. Ferrentino moved, seconded by Mr. Austic for adjournment. Unanimously approved, meeting adjourned at 9 : 30 PM . Respectfully submitted, Marsha L. Georgia Ulysses Town Clerk MLG : mlg TOWN OF ULYSSES PUBLIC HEARING FEBRUARY 13 , 2007 Present : Supervisor Douglas Austic ; Town Council Roxanne Marino, Don Ellis, Rod Ferrentino and Lucia Tyler; Town Clerk Marsha L . Georgia; Deputy Supervisor Richard Coogan. Others Present : Bill Chaisson Free Press Reporter ; Jim Dennis Representative Tompkins County Legislature and Juraj Gavurnik . Supervisor Austic called the Public Hearing to order at 7 : 15 PM on proposed Local Law Providing for the Administration and Enforcement of the New York State Uniform Fire Prevention and Building Code . Proof of Publication was provided . No one in attendance wished to comment on the Local Law . Mr. Ellis moved, seconded by Ms . Tyler to close the Public Hearing. Mr. Austic aye Mr. Ferrentino aye Ms . Tyler aye Mr. Ellis aye Ms . Marino aye Adopted. Public Hearing was closed at 7 : 30 pm . Respectfully submitted, Marsha L . Georgia Ulysses Town Clerk MLG : mlg