REGULAR MEETING OF THE TOWN BOARD

OF THE TOWN OF NEW HARTFORD, NEW YORK

HELD AT BUTLER MEMORIAL HALL IN SAID TOWN

ON WEDNESDAY, APRIL 8, 2009 AT 6:00 P.M.

The Town Supervisor called the meeting to order at 6:00 P.M. and led those in attendance in the Pledge of Allegiance to the American Flag. The roll was then taken with the following Town Officials and Department Heads being present during the progress of the meeting.

TOWN BOARD MEMBERS PRESENT:

Councilman Robert A. Payne III

Councilwoman Christine G. Krupa

Councilman David M. Reynolds

Councilman Richard B. Woodland, Jr.

Supervisor Earle C. Reed

OTHER TOWN OFFICIALS PRESENT:

Codes Enforcement Officer Joseph Booth

Highway Superintendent Richard C. Sherman

Parks and Recreation Director Michael W. Jeffery

Planner Kurt L. Schwenzfeier

Senior Engineering Technician John Meagher

Deputy Clerks Melody K. Fancett and Andrea K. Toomey

Thereafter, a quorum was declared present for the transaction of business. In the absence of the Town Clerk who was on vacation, Deputy Clerks Fancett and Toomey were present to record the minutes.

OPENING COMMENT

Supervisor Reed opened the meeting with comments on Kenneth Lowell’s trip to Arlington Cemetery in Washington D.C. Mr. Lowell was representing the United States Marine Corps. The New Hartford Town Board gave Mr. Lowell a standing ovation and thanked him for his service to our country. Supervisor Reed sent a donation to the cemetery in honor of Mr. Lowell.

PUBLIC HEARING

6:05 P.M. Local Law Introductory “I” of 2008

Fire Prevention

The Supervisor opened the Public Hearing at 6:05 P.M. Deputy Town Clerk Fancett had available the Notice of Public Hearing, Affidavit of Posting and Proof of Publication (March 25, 2009 edition of Observer Dispatch). The purpose of the Hearing was to offer the public an opportunity to speak in favor of, in opposition to, or to comment upon Local Law Introductory “I” of 2008 that, if adopted, would amend the Town Code by repealing

REGULAR TOWN BOARD MEETING

April 8, 2009

Page 2

the existing chapter 65 thereof entitled “Fire Prevention”, and replacing it with a new chapter 65.

Codes Officer Booth said that this is a State Code that the Town’s not in compliance with and the adoption of this legislation will bring the Town up to date.

Supervisor Reed asked if anyone wished to come forward to speak and no one came forth.

The Public Hearing was closed at 6:10 P.M.

Adoption – Local Law Introductory “I” of 2008 as Local Law No. Five of 2009

Thereafter, Councilman Payne moved that Local Law Introductory “I” of 2008 be adopted as Local Law No. Five of 2009 as follows; seconded by Councilman Reynolds.

Town of New Hartford, New York

Local Law No. Five of 2009.

A LOCAL LAW TO AMEND THE CODE OF THE TOWN OF NEW HARTFORD, BY REPEALING THE EXISTING CHAPTER 65 THEREOF ENTITLED “FIRE PREVENTION”, AND REPLACING IT WITH A NEW CHAPTER 65.

Be it enacted by the Town Board of the Town of New Hartford, in the County of Oneida, as follows:

SECTION 1. PURPOSE AND INTENT

Every city, village, town, and county charged under Subdivision 2 of section 381 of the Executive Law with administration and enforcement of the New York State Uniform Fire Prevention and Building Code (the “Uniform Code”) shall provide for such administration and enforcement of the code by local law, ordinance, or other appropriate regulation.

            This local law provides for the administration and enforcement of the Uniform Code, the Code of the Town of New Hartford, 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.

SECTION 2. DEFINITIONS

REGULAR TOWN BOARD MEETING

April 8, 2009

Page 3

In this local law in addition to the definitions set forth in the Uniform Code and the Code of the Town of New Hartford, the Town further adopts the following definitions:

“Building and/or Site Grading Permit” shall mean a permit issued pursuant to section 4 of this local law. The term “Building and/or Site Grading Permit” shall also include a Building and/or Site Grading Permit which is renewed, amended or extended pursuant to any provision of this local law.

“Certificate of Occupancy” and “Certificate of Compliance” shall mean a certificate issued pursuant to subdivision (b) of section 7 of this local law.

“Town” shall mean the Town of New Hartford.

“Code Enforcement Officer” shall mean the Code Enforcement Officer and/or assistant Code Enforcement Officer and/or the Zoning Enforcement Officer responsible for the enforcement of the Code of the Town of New Hartford, the Uniform Code and the Energy Code appointed or approved pursuant to subdivision (a & b) of section 3 of this local law.

“Common Area” shall mean any area within a building that the public or tenants have access to or an area that accommodates electrical service equipment, furnaces, boilers or a common storage area

“Notice of Violation” shall mean an order issued in the form of a letter by the Code Enforcement Officer pursuant to subdivision (a) of section 17 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.

“Operating Permit” shall mean a permit issued pursuant to section 12 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 and/or Site Grading 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.

REGULAR TOWN BOARD MEETING

April 8, 2009

Page 4

“Stop Work Order” shall mean an order issued by the Code Enforcement Officer pursuant to section 6 of this local law.

“Temporary Certificate of Occupancy” shall mean a certificate issued pursuant to subdivision (i) of section 7 of this local law.

“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 Code Enforcement Officer shall be appointed in accordance with the New York State Civil Service Law and the personnel policies of the Town of New Hartford.

            (b) 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 obtain 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) The compensation for the Code Enforcement Officer and Inspectors shall be fixed from time to time by the Town Board of this Town.  

(e) The Code Enforcement Officer shall administer and enforce all the provisions of the Uniform Code, the Energy Code, the Code of the Town of New Hartford, including 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 and/or Site Grading Permits, Certificates of Occupancy and 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 and/or Site Grading Permits, Certificates of Occupancy, Certificates of Compliance, Temporary Certificates and Operating Permits, and to include in Building and/or Site Grading

REGULAR TOWN BOARD MEETING

April 8, 2009

Page 5

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 including, but not limited to, the posting of a bond, letter of credit, or certified check in a reasonable amount as determined by the Code Enforcement Officer;

                        (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 17 (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 the Code of the Town of New Hartford including this local law, or to abate or correct conditions not in compliance with the Uniform Code, the Energy Code, the Code of the Town of New Hartford 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.

SECTION 4. BUILDING/SITE GRADING PERMITS.

(a) Building and/or Site Grading Permits Required. Except as otherwise provided in subdivision (b) of this section, a Building and/or Site Grading Permit shall be required for any work which must conform to the Uniform Code, the Energy Code and/or the Code of the Town of New Hartford, including, but not limited to, the construction, enlargement, alteration, improvement,

REGULAR TOWN BOARD MEETING

April 8, 2009

Page 6

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. Additionally, a Building and/or Site Grading Permit is required for installation of all fences, installation of retaining walls exceeding five (5) feet in height, excavation, grading and clearing for any building or use. No Person shall commence any work for which a Building/Site Grading Permit is required without first having obtained a Building/Site Grading Permit from the Code Enforcement Officer.

(b) The Officer shall act upon all applications for Building/Site Grading Permits within 30 days. Notice of refusal to issue any permit shall be given to the applicant or to his or her authorized representative in writing and shall state the reasons for such refusal

(c) The Officer may issue temporary permits for structures incidental to a building permit. Such permits shall expire after one year.

(d) At the discretion of the Officer or the Officer's designee, the permittee shall be required to have on the lot a receptacle of one cubic yard minimum size to provide temporary (in excess of 24 hours) storage of construction and demolition debris, except tree and brush stumps. The receptacle shall be provided with a tarp or other cover. The receptacle must be removed from the lot, as well as all trees, brush, stumps and other debris within 60 days of completion of construction.

(e) The applicant for any Building/Site Grading Permit(s) shall, if required by the Code Enforcement Officer, submit a plot plan showing sufficient data on proposed site grading, final proposed ground elevations and the discharge location of any proposed sump pump, all of which shall be approved by the Town Engineer prior to the issuance of any such permit(s).

            (f) Exceptions. No Building/Site Grading Permit shall be required for work in any of the following categories:

                        (1) installation of swings and other playground equipment associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses);

                        (2) 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;

                        (3) construction of temporary motion picture, television and theater stage sets and scenery;

REGULAR TOWN BOARD MEETING

April 8, 2009

Page 7

                        (4) installation of window awnings supported by an exterior wall of a one- or two-family dwelling or multiple single-family dwellings (townhouses);

                        (5) installation of partitions or movable cases less than 5'-9" in height;

                        (6) painting, wallpapering, tiling, carpeting, or other similar finish work;

                        (7) installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances;

                        (8) 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

                        (9) 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.

            (g) Exception 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 (f) of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code, the Energy Code or Code of the Town of New Hartford.

            (h) Applications for Building/Site Grading Permits. Applications for a Building/Site Grading 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 allow a determination by the Code Enforcement Officer that the intended work complies with all applicable requirements of the Uniform Code, the Energy Code and the Code of the Town of New Hartford. 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;

REGULAR TOWN BOARD MEETING

April 8, 2009

Page 8

                        (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, the Energy Code and the Code of the Town of New Hartford; and (v) where applicable, provide a licensed survey 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.

(6) All Site Grading Permits must be approved by the Town Engineer prior to the Code Enforcement Officer issuing said permit.

            (i) Construction documents. Construction documents will not be accepted as part of an application for a Building and/or Site Grading Permit unless they satisfy the requirements set forth in paragraphs (5) and (6) of subdivision (h) of this section. Construction documents which are accepted as part of the application for a Building and/or Site Grading 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 Officer. 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 and/or Site Grading Permit will be issued. Work shall not be commenced until and unless a Building and/or Site Grading Permit is issued.

            (j) Issuance of Building/Site Grading Permits. An application for a Building and/or Site Grading Permit shall be examined to ascertain whether the proposed work is in compliance with the applicable requirements of the Uniform Code, Energy Code and the Code of the Town of New Hartford. The Code Enforcement Officer shall issue a Building/Site Grading Permit if the proposed work is in compliance with the applicable requirements of the Uniform Code, Energy Code and the Code of the Town of New Hartford.

REGULAR TOWN BOARD MEETING

April 8, 2009

Page 9

            (k) Building/Site Grading Permits to be displayed. Building/Site Grading Permits shall be visibly displayed at the work site and shall remain visible until the authorized work has been completed.

            (l) 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/Site Grading Permit. The Building/Site Grading 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 and/or Site Grading Permit shall contain such a directive. If the Code Enforcement Officer determines that such change warrants a new or amended Building/Site Grading Permit, such change shall not be made until and unless a new or amended Building/Site Grading Permit reflecting such change is issued.

            (m) Time limits. Building/Site Grading Permits shall expire 12 months after the date of issuance. A Building and/or Site Grading 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. The renewal rate shall be 25% of the original building permit cost and only one renewal is allowed.

(n) Demolition permits. Demolition permits are required whenever work is to be undertaken to dismantle any portion of any building, and shall be performed in conformance with all applicable local, state and federal laws. Demolition permits shall expire 30 days from the date of issuance and only four (4) permits shall be issued per calendar year per structure.

(o) Work hours. Any work being performed within the Town of New Hartford shall not commence earlier than 7AM and continue later than 7PM except work wholly contained within the structure.

            (p) Revocation or suspension of Building/Site Grading Permits. If the Code Enforcement Officer, Town Engineer and/or Town Planner determines that a Building/Site Grading Permit was issued in error because of incorrect, inaccurate or incomplete information, or that the work for which a Building/Site Grading Permit was issued violates the Uniform Code, the Energy Code or the Code of the Town of New Hartford, the Code Enforcement Officer shall revoke the Building and/or Site Grading Permit or suspend the Building/Site Grading 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, the Energy Code and the Code of the Town of New Hartford and (2) all work then proposed to be performed shall be in compliance with all

REGULAR TOWN BOARD MEETING

April 8, 2009

Page 10

applicable provisions of the Uniform Code, the Energy Code and the Code of the Town of New Hartford.

            (q) Fee. The fee specified in or determined in accordance with the provisions set forth in section 18 (Fees) of this local law must be paid at the time of submission of an application for a Building and/or Site Grading Permit, for an amended Building and/or Site Grading Permit, or for renewal of a Building and/or Site Grading Permit.

(r) Required information; liability policy. The plans and specifications or statements shall be accompanied with the full name and address of the owner or owners of record of the structure. For the purpose of this code, any person, firm or corporation holding the fee title to real property, or his or their duly authorized agent or attorney or the guardian, conservator or trustee, shall be regarded as the owner. Unless otherwise expressly waived in writing by the Code Enforcement Officer, the owner or contractor shall be required to have a liability policy in an amount determined by the Code Enforcement Officer for comprehensive general liability coverage with a per location and per project endorsement which names the Town as an additional insured or co-insured during the period of time the permit is in use, or until the permit expires or is revoked by the Code Enforcement officer. The Code Enforcement Officer shall promulgate an official Codes Department policy detailing potentially dangerous or hazardous conditions and/or materials which will also require insurance pursuant to this section.

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 and/or Site Grading Permit;

                        (2) footings and foundation;

                        (3) preparation for concrete slab;

                        (4) framing;

REGULAR TOWN BOARD MEETING

April 8, 2009

Page 11

                        (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 and/or Site Grading 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, Energy Code or Code of the Town of New Hartford. Work not in compliance with any applicable provision of the Uniform Code, Energy Code or Code of the Town of New Hartford shall remain exposed until such work shall have been brought into compliance with all applicable provisions of the Uniform Code, the Energy Code, and the Code of the Town of New Hartford, reinspected, and found satisfactory as completed.

            (d) Fee. The fee specified in or determined in accordance with the provisions set forth in section 18 (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 cease and desist:

                        (1) any work that is determined by the Code Enforcement Officer to be contrary to any applicable provision of the Uniform Code, Energy Code or Code of the Town of New Hartford, without regard to whether such work is or is not work for which a Building and/or Site Grading Permit is required, and without regard to whether a Building and/or Site Grading 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 and/or Site Grading Permit is required, and without

REGULAR TOWN BOARD MEETING

April 8, 2009

Page 12

regard to whether a Building and/or Site Grading Permit has or has not been issued for such work, or

                        (3) any work for which a Building and/or Site Grading Permit is required which is being performed without the required Building and/or Site Grading Permit, or under a Building and/or Site Grading Permit that has become invalid, has expired, or has been suspended or revoked.

(4) any work that is being conducted without proof of the required general liability insurance coverage as required in accordance with the provisions set forth in Section 4 (r) of this local law.

            (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 17 (Violations) of this local law or under any other applicable local law, State or Federal law. Any such other remedy or penalty may be pursued at any time as may be prescribed by law.

SECTION 7. CERTIFICATES OF OCCUPANCY, CERTIFICATES OF COMPLIANCE and TEMPORARY CERTIFICATES OF OCCUPANCY

REGULAR TOWN BOARD MEETING

April 8, 2009

Page 13

(a) No building, use or structure hereafter erected, relocated or altered as to outside dimensions shall be used, changed in use or occupied until a certificate of occupancy or compliance shall have been issued by the Code Enforcement Officer stating that the use, land or structure complies with all applicable provisions of this chapter. For previously existing construction, the Code Enforcement Officer may, on request, issue a certificate of occupancy or certificate of compliance if the

(b) Code Enforcement Officer determines that the use of the building in question meets the requirements of this chapter.

(c) The Code Enforcement Officer may issue a temporary certificate of occupancy or temporary certificate of compliance at the Code Enforcement Officer's discretion.

(b) A certificate of occupancy, or certificate of compliance shall be issued only if:

1) the proposed use of the building or land conforms to the provisions of this chapter

2) conforms to the plot plan

3) conforms to approved plans

4) as built drawings, are provided, if applicable

5) conforms to the purpose and description for which the permit was issued

6) building and/or site work is complete to outward appearance in accordance with the building and/or Site Grading Permit issued

7) the building or structure is properly supplied with water

8) the building or structure is properly supplied with approved sanitary disposal facilities

9) all improvements shown on the site plan are installed to the satisfaction of the Code Enforcement Officer, Town Engineer, and/or Town Planner or when applicable sufficient performance guaranty has been posted in the form of a certified check, letter of credit, or bond for improvements not yet completed.

(c) Any building or land which has been granted a special use permit, site plan approval, or variance by the Planning Board or Zoning Board of Appeals. Every certificate of occupancy or certificate of compliance for which special use permit or site plan approval or variance has been granted shall contain a detailed statement of any conditions to which the same is subject and include, by attachment, a copy of such Planning Board or Zoning Board of Appeals decision.

REGULAR TOWN BOARD MEETING

April 8, 2009

Page 14

(d) Performance guaranty. No certificate of occupancy or compliance shall be issued until all improvements shown on the site plan are installed or sufficient performance guaranty has been posted for improvements not yet completed. The sufficiency of such performance guaranty shall be determined by the Planning Board after consultation with the Code Enforcement Officer, Town Engineer and/or Town Planner.

(e) The Code Enforcement Officer shall promptly make or cause to be made an inspection of each building or site for which application for a certificate of occupancy or certificate of compliance has been made and shall grant or deny such certificate within 10 days from the date of application.

(f) For any building that is part of a Town-approved project requiring the construction or extension of a public road in addition to the regulations stated in this section at paragraph (b) above, no certificate of occupancy or certificate of compliance shall be issued until all infrastructure improvements with the proposed easements and/or rights-of-way are installed, approved, certified by the Engineer of Record and accepted and approved by the Town. For details of highway construction and dedication requirements, see Code of the Town of New Hartford, Chapter 102, Streets and Sidewalks, Article II.

(g) At the time a certificate of occupancy is applied for, and the developer is unable to complete the installation of the top course or other approved infrastructure improvements within the proposed easement and/or rights of way, and those deficiencies are determined by the town planner or engineer to be noncritical to the occupancy of the building, safety of the traveling public and the proper operation and maintenance of the highway and other public infrastructure, the developer, at the request of the Town Planner or Town Engineer shall execute an agreement with the town and provide surety in the form of a certified check, bond, or letter of credit in an amount equal to two times the value of the deficiencies determined by the town planner or town engineer. 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 and/or Certificate of Compliance, shall be provided to the Code Enforcement Officer prior to the issuance of the Certificate of Occupancy and/or Certificate of Compliance:

                        (1) a written statement of structural observations and/or a final report of special inspections, and

                        (2) flood hazard certifications.

REGULAR TOWN BOARD MEETING

April 8, 2009

Page 15

            (h) Contents of Certificates of Occupancy and/or Certificates of Compliance. A Certificate of Occupancy and/or Certificate of Compliance shall contain the following information:

                        (1) the Building and/or Site Grading Permit number;

                        (2) the date of issuance of the Building and/or Site Grading Permit;

                        (3) the address and tax map number of the property;

(4) the name of the property owner of record;

                        (5) if the Certificate of Occupancy and/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 and/or Certificate of Compliance is issued;

                        (6) the use and occupancy classification of the structure;

                        (7) the type of construction of the structure;

                        (8) the assembly occupant load of the structure, if applicable;

                        (9) if an automatic sprinkler system is provided, a notation as to whether the sprinkler system is required;

                        (10) any special conditions imposed in connection with the issuance of the Building and/or Site Grading Permit; and

(11) the decision of the Planning Board or Zoning Board of Appeals as may relate to the subject property regarding a special use permit, site plan approval or variance; and

                        (12) the signature of the Code Enforcement Officer issuing the Certificate of Occupancy and/or Certificate of Compliance and the date of issuance.

(i) Temporary Certificate of Occupancy. 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 and/or Site Grading 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

REGULAR TOWN BOARD MEETING

April 8, 2009

Page 16

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, Town Engineer, and Town Planner 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 including, but not limited to, surety in the form of a certified check, bond or letter of credit in an amount equal to two times the value of any deficiencies.. 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, the Energy Code and the Code of the Town of New Hartford.

            (j) Revocation or suspension of certificates. If the Code Enforcement Officer determines that a Certificate of Occupancy and/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.

 (k) Fee. The fee specified in or determined in accordance with the provisions set forth in section 18 (Fees) of this local law must be paid at the time of submission of an application for a Certificate of Occupancy and/or Certificate of Compliance or for Temporary Certificate.

SECTION 8. NOTIFICATION REGARDING FIRE OR EXPLOSION.

            The chief of any fire department or company providing fire fighting services for a property within this 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 this Town shall be identified and addressed in accordance with the procedures established by Local Law Number No. 2 of 1982 Chapter 52 and Local law No. 8 of 1994 Chapter 94, as now in effect or as thereafter amended from time to time.

REGULAR TOWN BOARD MEETING

April 8, 2009

Page 17

SECTION 10. EMERGENCY ACTION

If the Code Enforcement Officer is notified that a violation exists which requires immediate action to avoid a direct hazard or imminent danger to the health, safety or welfare of occupants of a building, or to other persons, the Code Enforcement Officer shall direct that such violation be immediately remedied by the property owner or occupant at his/her sole expense or shall take direct action on his or her own initiative to abate the hazard or danger. Any costs incurred the Code Enforcement Officer for such action shall be paid for by the property owner, occupant or person responsible for the violation. The Code Enforcement Officer shall keep on file an affidavit stating with fairness and accuracy the items of expense and date of execution of action taken and is furthermore authorized to institute a suit, if necessary, against the person liable for such expenses in order to recover said costs.

SECTION 11. INSPECTION AND CERTIFICATE OF COMPLETION

(a) The architect or professional engineer whose seal and signature appear on the drawings for buildings or structures other than one- or two-family dwellings, or his/her designated representative, shall be responsible for making periodic visits to the construction site to familiarize him/herself with the progress and quality of the construction and to determine, in general, if the construction is proceeding in accord with the plans, drawings, specifications and addenda thereto which have been approved by the Code Enforcement Officer, and/or Planning Board and Zoning Board of Appeals. Said architect or engineer shall file reports with the Code Enforcement Officer at regular intervals, indicating the times of such visits, the status of the construction and any defects or discrepancies between the actual construction and the approved plans, drawings and specifications affecting structural, fire, health or life safety which he/she may observe. Said architect or engineer shall also advise the Code Enforcement Officer when such discrepancies have been corrected.

(b) The architect or engineer shall not be required to make exhaustive or continuous on-site inspections to check the construction. He/she shall not be responsible for construction means, methods, techniques, sequences or procedures or for safety precautions and programs in connection with the construction, nor shall he/she be responsible for the contractor's failure to carry out the construction in accord with the approved plans, drawings and specifications.

(c) Upon completion of the construction, the architect or engineer shall file a certificate of completion with the Code Enforcement Officer stating that, to the best of his/her knowledge, the building or structure has been completed in accord with the approved plans, drawings, specifications and addenda thereto, insofar as structural, fire, health and life safety are concerned, or shall state any defects of which he/she is aware.

REGULAR TOWN BOARD MEETING

April 8, 2009

Page 18

SECTION 12. 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 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

April 8, 2009

Page 19

            (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 remain in effect until reissued, renewed, revoked, suspended or the contents of storage is changed or otherwise altered as specified in Section 12(a) above.

            (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, Energy Code and the Code of the Town of New Hartford, 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 18 (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 13. 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 thirty-six (36) months.

REGULAR TOWN BOARD MEETING

April 8, 2009

Page 20

(b) Any owner of a building or structure designated for inspection and found to be not in compliance with the Uniform Code, Energy Code or the Code of the Town of New Hartford shall be subject to a notice of violation in accordance with section 17 here in.

            (c) 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, Energy Code or the Code of the Town of New Hartford 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, Energy Code or the Code of the Town of New Hartford exist;

(d) 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.

            (e) Fee. The fee specified in or determined in accordance with the provisions set forth in section 18 (Fees) of this local law must be paid prior to or within 30 days of billing for each inspection performed pursuant to this section. Non payment shall be subject to a notice of violation in accordance with section 17 herein. This subdivision shall not apply to inspections performed by The Office of Fire Prevention and Control.

SECTION 14. 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, the Code of the Town of New Hartford, including this local law, or any other local law or regulation adopted for administration and enforcement of the Uniform Code, the Energy Code or the Code of the Town of New Hartford. The process for responding to a complaint shall include such of the following steps as the Code Enforcement Officer may deem to be appropriate:

REGULAR TOWN BOARD MEETING

April 8, 2009

Page 21

            (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 written notice of the violation and affording opportunity to abate, correct or cure the violation or proceeding in the manner described in section 17 (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 15. 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, drawings specifications and construction documents approved;

                        (3) all Building and/or Site Grading Permits, Certificates of Occupancy and/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;

                        (7) all investigations conducted;

(8) Notices of Violation issued;

REGULAR TOWN BOARD MEETING

April 8, 2009

Page 22

                        (9) all other features and activities specified in or contemplated by sections 4 through 14, inclusive, of this local law, including; and

                        (10) 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 SECTION 16. PROGRAM REVIEW AND REPORTING

(a) The Town Board of this Town may request that the Code Enforcement Officer

submit an annual 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 15 (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, Energy Code and the Code of the Town of New Hartford.

            (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 activities of this Town in connection with administration and enforcement of the Uniform Code, Energy Code and the Code of the Town of New Hartford. 

SECTION 17. VIOLATIONS

(a) Notice of Violation. 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, the Code of the Town of New Hartford, including this local law. Upon finding that any such condition or activity exists, the Code Enforcement Officer shall issue a Notice of Violation. The Notice of Violation 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, and/or the Energy Code, the Code of the Town of New Hartford including this local law; (4) specify the provision or provisions of the Uniform Code, the Energy Code, the Code of the Town of New Hartford including this local law

REGULAR TOWN BOARD MEETING

April 8, 2009

Page 23

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 which shall not exceed 30 days; 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 Notice of Violation, 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 Notice of Violation, 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 Notice of Violation.

            (b) Summons. The Code Enforcement Officer is authorized to cause the Town Court to issue an Information/Complaint in the event compliance with the Notice of violation is not achieved.

(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 the Code of the Town of New Hartford including this local law, or any term or condition of any Building and/or Site Grading 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 a fine and/or imprisonment as prescribed in §118-80 of the Code of the Town of New Hartford. Failure to timely remit payment in full of any civil penalty assessed by the Town shall result in a judgment in favor of the Town and against the owner of the affected property. Notice of judgment and the amount thereof shall be served on the owner of the affected property personally or by registered mail. Said notice shall allow ten (10) days from the date of the notice to cure or otherwise pay the outstanding civil penalty. In the event the civil penalty is not satisfied in full within the prescribed ten (10) day period, the outstanding civil penalty shall be filed in the Office of the Oneida County Clerk as a judgment against the owner of the affected property and shall become a lien upon the lot, tract or parcel of land or property where the violation was found to exist.

(e) Abatement by Town; Lien. In addition to those penalties prescribed by State law, any person found guilty of violating any provision of the Uniform Code, Energy Code, or Code of the Town of New Hartford, including this local law or any term or condition of any Building and/or Site Grading Permit, Certificate of Occupancy, Certificate of Compliance, Temporary Certificate, Stop Work Order, Operating

REGULAR TOWN BOARD MEETING

April 8, 2009

Page 24

Permit or other notice or order of the Code Enforcement Officer pursuant to any provision of this local law and who fails, refuses, or neglects to abate the violation(s) within the amount of time ordered by the Court to abate, the Code Enforcement Officer may, after presentment to and approval from the Town Board, undertake to abate the subject violation(s) through use of Town facilities or equipment, or through use of outside independent contractor(s) to do the work necessary to abate all or some of the existing violations. Any costs incurred by the Town to accomplish the abatement can and shall be filed in proper form in the Office of Oneida County Clerk as a judgment against the owner of the affected property and shall become a lien upon the lot, tract or parcel of land or property where the violation was found to exist.

            (e) 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, the Code of the Town of New Hartford, including this local law, or any term or condition of any Building and/or Site Grading 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, the Code of the Town of New Hartford including this local law, or any Stop Work Order, Compliance Order or other order obtained under the Uniform Code, the Energy Code, the Code of the Town of New Hartford including 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 Board of this Town.

(f) 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,

REGULAR TOWN BOARD MEETING

April 8, 2009

Page 25

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 18. FEES

            A fee schedule shall be established by resolution of the Town Board of this Town. Such fee schedule is set forth in the Code of the Town of New Hartford at Section 118-93 thereof. Such fee schedule may be amended from time to time by similar 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 processing of applications, the issuance of Building and/or Site Grading Permits, amended Building and/or Site Grading Permits, renewed Building and/or Site Grading 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 19. INTERMUNICIPAL AGREEMENTS

            The Town Board of this Town may, by resolution, 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, the Code of the Town of New Hartford, Part 1203 of Title 19 of the NYCRR, or any other applicable law.

SECTION 20. 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 21. 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.

The Town Board voted upon roll call, resulting as follows:

Councilwoman Krupa - Aye

REGULAR TOWN BOARD MEETING

April 8, 2009

Page 26

Councilman Reynolds - Aye

Councilman Woodland - Aye

Councilman Payne - Aye

Supervisor Reed - Aye.

Local Law Introductory “I” of 2008 was then declared unanimously carried and duly ADOPTED as Local Law No. Five of 2009.

PUBLIC HEARING

6:05 P.M. Local Law Introductory “A” of 2009

Zoning Text Changes

The Supervisor opened the second Public Hearing simultaneously at 6:05 P.M. Deputy Town Clerk Fancett had available the Notice of Public Hearing, Affidavit of Posting and Proof of Publication (March 25, 2009 edition of Observer Dispatch). The purpose of the Hearing was to offer the public an opportunity to speak in favor of, in opposition to, or to comment upon Local Law Introductory “A” of 2009 that, if adopted, would amend the Code of the Town of New Hartford, Chapter 118 thereof entitled Zoning, by amending various sections.

Codes Officer Booth said the legislation would, among other items, add definitions; address parking of recreational vehicles, etc.; address swimming pools and other recreational facilities; amend fence regulations; signs; Planned Development districts and the fee schedule, and so forth.

The Supervisor asked if anyone wished to come forward to speak in the matter. No one came forward to speak; the Supervisor closed the Public Hearing at 6:10 P.M.

Adoption – Local Law Introductory “A” of 2009 as Local Law No. Six of 2009

Thereafter, Councilman Payne moved that Local Law Introductory “A” of 2009 be adopted as Local Law No. Six of 2009 as follows; seconded by Councilman Reynolds:

Town of New Hartford, New York

Local Law No. Six of 2009

A Local Law to amend the Code of the Town of New Hartford, Chapter 118 thereof entitled ZONING, by amending Sections 118-6; 118-7; 118-34; 118-54; 118-59; 118-61; 118-67; 118-72 through 118-80 and 118-93.

BE IT ENACTED by the Town Board of the Town of New Hartford, as follows:

REGULAR TOWN BOARD MEETING

April 8, 2009

Page 27

SECTION 1. Chapter 118 of the Code of the Town of New Hartford, Section 118-6, Definitions, is hereby amended as follows:

Section 118-6. Definitions

Replace current “fence” definition with the following:

FENCE Anything other than living plants, trees or shrubs designed to or which divide, enclose or screen a parcel of land or portion thereof and which does not support any roof structure or enclose any covered living space.

Replace current “manufactured home” definition with the following:

MANUFACTURED HOME. A factory-manufactured dwelling unit built on or after June 15, 1976, and conforming to the requirements of the Department of Housing and Urban Development (HUD), Manufactured Home Construction and Safety Standards, 24 CFR Part 3208, 4/1/93, transportable in one or more sections, which in the traveling mode, is 8 feet (2438 mm) or more in width or 40 feet (12192 mm) or more in length, or, when erected on site, is 320 square feet (29.7 m²) minimum, constructed on a permanent chassis and designed to be used

with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning and electrical systems contained therein. The term "manufactured home" shall also include any structure that meets all the requirements of this definition except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Federal Department of Housing and Urban Development and complies with the standards established under the national Manufactured Housing Construction and Safety Act of 1974, as amended. The term "manufactured home" shall not include any self-propelled recreational vehicle.

Add the following definition of “mobile home”

MOBILE HOME. A factory-manufactured dwelling unit built prior to June 15, 1976, with or without a label certifying compliance with NFPA, ANSI or a specific state standard, transportable in one or more sections, which in the traveling mode, is 8 feet (2438 mm) or more in width or 40 feet (12192 mm) or more in length, or, when erected on site, is 320 square feet (29.7 m²) minimum, constructed on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein. The term "mobile home" shall not include travel trailers or any self-propelled recreational vehicle.

REGULAR TOWN BOARD MEETING

April 8, 2009

Page 28

Replace current “modular home” definition with the following:

MODULAR HOME. A factory-manufactured dwelling unit, conforming to applicable provisions of this code and bearing insignia of approval issued by the State Fire Prevention and Code Council, which is constructed by a method or system of construction whereby the structure or its components are wholly or in substantial part manufactured in a manufacturing facility, intended or designed for permanent installation, or assembly and permanent installation.

Add the following definition of “recreational vehicle”:

RECREATIONAL VEHICLE A vehicle, such as a camper or motor home, used for traveling and recreational activities

SECTION 2. Chapter 118 of the Town Code, Section 118-7, Zoning Districts and Purposes, is hereby amended as follows:

Section 118-7. Zoning districts and purposes.

Add the following phrase to the last sentence in 118-7 P. PDMH Planned Development Mobile Home District:

“…..and is the only zone which provides for the placement of mobile or manufactured homes.”

Add the following sentence after the last sentence in 118-7 T. PDRes Planned

Development Resident District:

“Bulk area regulations that have not been expressly identified in a site plan approval shall conform with the bulk regulations set forth in the MDR zoning classification.”

SECTION 3. Chapter 118 of the Town Code, Section 118-34, Planned Development Districts/Types, is hereby amended as follows:

Section 118-34. Types.

Change 118-34 C. to PDRES

Change 118-34 F. to PDREC

SECTION 4. Chapter 118 of the Town Code, Section 118-54, Signs, is hereby amended as follows:

REGULAR TOWN BOARD MEETING

April 8, 2009

Page 29

Section 118-54. Signs.

Replace existing 118-54. B. (2) with the following:

(2) For signs constructed of individual pieces attached to a building wall, the cumulative area of the sign shall be determined by calculating the area in the form of a perimeter around each individual piece.

Replace existing 118-54 C. (5) with the following:

(5) No building-mounted sign shall exceed one and one half (1.5) square feet for every one linear foot of building fronting on a public street or private parking area and in no case exceed 40 square feet in an RB3, RB4, PO, P, PHB, PDP, PDI or PDREC Zone or 80 square feet in an RB1, RB2, M, I or PDMU Zone. Not more than one exterior building mounted sign shall be permitted for each business on each wall facing a public street or private parking are and in no case shall more than two, in total, building-mounted signs be allowed per business.

SECTION 5. Chapter 118 of the Town Code, Section 118-59, Special lot regulations, is hereby amended as follows:

Replace existing 118-59. D. Fences and walls, with the following:

1) The height of all fences shall be measured from the lowest natural grade directly beneath the fence being erected. A fence placed on a manmade berm shall not circumvent measurement requirements from natural grade.

2) Residential fences shall not exceed six feet in height measured from natural grade and shall be positioned from the front most point of a residential building extending back to the furthest point in the designated rear yard A through lot shall be allowed a six foot high fence providing adjacent lots treat that same side as their rear yard.

3) Residential fences shall not extend or be positioned forward beyond the front most point of a residential building, except in RA1, RA2, and A zones. In RA1, RA2, and A zones residential fences shall be allowed to extend to within two feet of the front property line provided they are open in style i.e. picket or split rail and not exceed four feet in height and shall comply with provisions regarding visibility at street corners (see § 118-59C).

REGULAR TOWN BOARD MEETING

April 8, 2009

Page 30

4) Fences may be erected directly on a property line, except those allowed in a front yard where they must be located a minimum of two feet in back of the front property line, and corner lots where they must conform with section 118-59C.

5) Decorative fences, open in style, not exceeding 4 feet in height, consisting of no more than three posts, and extending no more than eight feet in length in either direction from the center post shall be allowed in the front yard of any property except on corner lots where they must conform to section118-59C.

6) Fences that have one finished side and one structural side shall be erected so that the finished side faces toward the immediate adjoining property owner’s property.

7) Fences shall not be installed in a drainage swale or in any easement area.

8) Fence materials shall be wood, wood composite, brick, vinyl, stone, chain link,

wrought iron painted steel

9) Fences shall be maintained to be aesthetically pleasing and structurally sound. Painted or stained fences shall be maintained accordingly. Fences must not be

allowed in any state of disrepair which include loose, dangerous, crumbling, missing, broken, rotted or other unsafe portions of fences.

10) Temporary fences not requiring a town permit such as “snow fences” or vinyl roll fences used to protect a potential hazard created by excavation or construction (examples: swimming pools, utility installation ditches, dwelling foundations etc.) shall not be allowed more than 90 days in any one year.

11) All excavations associated with a building permit shall be required to be protected by a temporary fence.

12) A building permit is required for the installation of a fence. Applicant shall be required to submit a detailed description of the proposed fence and proposed location, with a contemporaneous survey. Property pins or other points of reference must be verifiable or otherwise clearly delineated on the property at the time of inspection.

13) For tennis court fences refer to sections 118-61 E and F

14) Fences to be erected in any commercial zone shall require a special permit

and shall comply with the requirements set forth by the Planning Board.

REGULAR TOWN BOARD MEETING

April 8, 2009

Page 31

SECTION 6. Chapter 118 of the Town Code, Section 118-61. Swimming pools, tennis courts and similar private recreational facilities, is hereby amended as follows:

Section 118-61. Swimming pools, tennis courts and similar private recreational

facilities

Replace existing Section 118-61 with the following:

Except for portable swimming pools less than two (2) feet in height, the following regulations shall apply to permanent and portable swimming pools, tennis courts and similar recreational facilities that are accessory to a residential use:

A. Said use shall be located on the same lot as the principal structure.

B.  Said use shall comply with the minimum yard requirements for accessory uses set forth in the Schedule of Use, Area and Bulk Regulations. 14

C.  Said use shall be appropriately screened and fenced to minimize adverse

impact on adjoining properties.

D.  Swimming pools shall also comply with the regulations as set forth in the

State Uniform Construction Code.

E.  Tennis courts may use a hurricane-type fence around the court area. The maximum height may be six feet along the property line and an additional one foot in height for every additional one foot set back from the property line.

F.  Tennis court drainage shall be reviewed by the Town Engineer.

SECTION 7. Chapter 118 of the Town Code, Section 118-67, Parking of commercial and recreational vehicles and boats in residential districts, is hereby amended as follows:

Section 118-67. Parking or storing of commercial and/or recreational vehicles, boats, automobiles and portable storage trailers and/or units.

Replace existing Section 118-67 with the following:

REGULAR TOWN BOARD MEETING

April 8, 2009

Page 32

A. Residential and Agricultural Zones.

1. All commercial vehicles, recreational vehicles, automobiles, and boats shall be parked in the rear or side yard. If, the rear or side yard is

inaccessible then the front yard may be utilized, however in no case shall they be placed on any area that is not already a driveway or paved area.

2. One mobile storage trailer or container shall be allowed with the issuance of a building permit. Building Permits are required and renewable on a triennial basis but for no more than one year. The trailer or container shall not be placed in any front yard unless the rear or side yards are not accessible.

B. Commercial Use Zones.

1. One mobile storage trailer or container shall be allowed for a period not to exceed two months. The storage unit shall be removed promptly and not more than three Building Permits may be issued in any year. The unit shall be placed in a rear or side yard only.

2. Storage trailers and/or containers located in an M zone shall be exempt from all of the above.

SECTION 8. Chapter 118 of the Town Code is hereby amended by deleting and repealing Section 118-72, Non-conforming lights and illumination.

SECTION 9. The Town Code, Section 118-73, Zoning Enforcement Officer, is hereby amended by deleting and repealing Section 118-73, Zoning Enforcement Officer, and is hereby further amended to read as follows:

Section 118-73. Zoning Enforcement Officer

Refer to Town Code, Chapter 65, Section 65-3, Codes Enforcement Officer and

inspectors.

SECTION 10. The Town Code, Section 118-74, Building/site Permits, is hereby amended by deleting and repealing Section 118-74, Building/site Permits, and is hereby further amended to read as follows:

Section 118-74. Building/site Permits

REGULAR TOWN BOARD MEETING

April 8, 2009

Page 33

Refer to Town Code, Chapter 65, Section 65-4, Building/Site Grading Permits.

SECTION 11. The Town Code, Section 118-75, Certificate of Occupancy, is hereby amended by deleting and repealing Section 118-75, Certificate of Occupancy, and is hereby further amended to read as follows:

Section 118-75. Certificate of Occupancy

Refer to Town Code, Chapter 65, Section 65-7, Certificates of Occupancy,

Certificates of Compliance and Temporary Certificates of Occupancy.

SECTION 12. The Town Code, Section 118-76, Notice of Violation, is hereby amended by deleting and repealing Section 118-76, Notice of Violation, and is hereby further amended to read as follows:

Section 118-76. Notice of Violation

Refer to Town Code, Chapter 65, Section 65-17, Violations.

SECTION 13. The Town Code, Section 118-77, Stop-work Orders, is hereby amended by deleting and repealing Section 118-77, Stop-work Orders, and is hereby further amended to read as follows:

Section 118-77. Stop-work Orders

Refer to Town Code, Chapter 65, Section 65-6, Stop-work Orders.

SECTION 14. The Town Code, Section 118-78, Emergency Action, is hereby amended by deleting and repealing Section 118-78, Emergency Action, and is hereby further amended to read as follows:

Section 118-78. Emergency Action

Refer to Town Code, Chapter 65, Section 65-10, Emergency Action.

SECTION 15. The Town Code, Section 118-79, Inspection and Certificate of Completion, is hereby amended by deleting and repealing Section 118-79, Inspection and Certificate of Completion, and is hereby further amended to read as follows:

Section 118-79. Inspection and Certificate of Completion

REGULAR TOWN BOARD MEETING

April 8, 2009

Page 34

Refer to Town Code, Chapter 65, Section 65-11, Inspection and Certificate of Completion

SECTION 16. The Town Code, Section 118-80, Penalties for Offenses, is hereby amended by deleting and repealing Section 118-80, Penalties for Offenses, and is hereby further amended by adding a new Section 118-80 to read as follows:

Section 118-80, Penalties for Offenses

A. Civil penalties. In addition to those penalties prescribed by state law, any person who violates any provision of the Uniform Code, the Energy Code, or the Code of the Town of New Hartford, or any term or condition of any Building/Site Grading Permit, Certificate of Occupancy, Certificate of Compliance, Temporary Certificate, Stop Work Order, Operating Permit or other notice or order issued by the Codes Enforcement Officer pursuant to any provision of this local law, shall be considered a civil offense punishable by a fine of not more than $250 and/or imprisonment for not more than fifteen (15) days for each such offense. The owner, general agent or contractor of a building premises, or part thereof, where such a violation has been committed or does exist and any agent, contractor, architect, builder, corporation or other person who commits, takes part in or assists in such violation, shall be liable for such an offense. All such penalties shall be collectible by and in the name of the Town. Each and every week that any such violation continues after notification that such violation exists, shall constitute a separate offense. Such notice shall be given in writing by the Codes Enforcement Officer and shall be served by certified return mail or personal service.

B. Court action. The imposition of penalties herein prescribed shall not preclude the Town or any person from instituting appropriate legal action or proceedings in a court of competent jurisdiction to prevent an unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use or to restrain by injunction, correct or abate a violation or to prevent the illegal occupancy of a building, land or premises.

SECTION 17. Section 118-93 [Fees] of the Town Code, is hereby amended by deleting and repealing paragraphs C. through K. and Section 118-93 [Fees] is hereby further amended by adding a new paragraph C, to read as follows:

C. FEE SCHEDULE

Building Permits

REGULAR TOWN BOARD MEETING

April 8, 2009

Page 35

In any situation, where work is started before a Building Permit is issued, the application fee is doubled.

All Building Permits expire one (1) year from the date of issuance.

1. RESIDENTIAL

One and Two Family residences .26 sq.ft.

Attached garages .15 sq.ft

Review and inspection fee - alterations, miscellaneous work $30.00 minimum or

.15 sq.ft.

Decks 150 sq. ft. or < $25.00

Each Additional 150 sq. ft or part thereof $10.00

3 season rooms $25.00 + .15 sq.ft.

Fences $50.00

Additions $50.00 +.15 sq.ft.

Mobile Home .15 sq.ft.

Detached accessory buildings $30.00 or .10 sq.ft.

whichever is greater

Fireplaces or other solid fuel burning appliance $30.00

Certificate of Occupancy $50.00

Certificate of Compliance $10.00

Temporary storage units $30.00

2. MULTI-FAMILY

Multi-family residences .30 sq.ft.

Review and inspection fee – alterations, miscellaneous work $50.00 minimum or

.15 sq. ft.

Certificate of Occupancy $25.00 per dwelling

unit

Certificate of Compliance $25.00

Decks 150 sq. ft. or < $25.00

Each Additional 150 sq. ft or part thereof $10.00

3 season rooms $25.00 + .15 sq.ft.

Fences $50.00

Detached Accessory Buildings $30.00 or .10 sq.ft.

whichever is greater

Temporary storage units $30.00

3. COMMERCIAL

REGULAR TOWN BOARD MEETING

April 8, 2009

Page 36

Commercial Building. Anything other than an R occupancy

up to 50,000 sq. ft. .33 sq. ft.

Any remaining portion up to 100,000 sq. ft. .25 sq. ft.

Any remaining portion over 100,000 sq. ft. .16 sq. ft.

Commercial Plan Review .01 sq. ft.

Review and inspection fee - alterations or miscellaneous work $100.00 min or

.25 sq.ft.

Detached Accessory Buildings $ 30.00 or .10 sq.ft.

whichever is greater

Kiosks temporary $ 45.00

Kiosks permanent $250.00

Temporary storage units $100.00

Certificate of Occupancy

first 1000 sq. ft $100.00

each add'l 100 sq. ft or part thereof $ 10.00

Certificate of Compliance $ 25.00

4. MISCELLANEOUS

Demolition permits:

Commercial Buildings $200.00

Residential Buildings $100.00

Swimming Pools:

Above Ground $ 30.00

In-ground $ 50.00

Permanent Signs $ 45.00 + $1 sq.ft.

Temporary Signs and Advertising Devices $ 45.00 + $1 sq.ft.

Commercial Tents not to exceed 20 days no more

than 3 times a year $100.00

5. FIRE SAFETY AND PROPERTY MAINTENANCE INSPECTIONS

Fees are assessed per building per tax parcel

Mixed occupancy fees are applied per occupancy designation,

in the event that a building contains an area of Public

Assembly the Public Assembly fees apply for entire building

Multi-Family occupancies with a common area $ 30.00 per unit

REGULAR TOWN BOARD MEETING

April 8, 2009

Page 37

Multi-Family occupancies without a common area $ 15.00 per unit

Commercial buildings except those containing an area of Public

Assembly

0-5,000 sq. ft. $ 50.00

5,001-10,000 sq. ft. $ 50.00 + .01 per

sq.ft.

10,001 - 100,000 sq. ft. $150.00 + .005 per

sq.ft.

100,001 sq.ft. + $600.00 + .0025 per

sq.ft.

Commercial buildings containing an area of Public Assembly

0-5000 sq. ft. $ 50.00

5001-10,000 sq. ft. $ 50.00 + .005 per

sq.ft.

10,001-100,000 sq. ft. $ 75.00 + .0025 per

sq.ft.

100,001 sq.ft. $300.00 + .00125 per

sq.ft.

Operating Permit fee $10.00

6. Site permits

Site Grading Permit $100.00 min. or

$100.00 per acre

or part thereof

Sewer Permit:

Residential $ 50.00

Commercial $100.00

Septic Permit $ 50.00

Driveway Permit $ 25.00

Fence permit $ 50.00

7. CONSTRUCTION INSPECTION

REGULAR TOWN BOARD MEETING

April 8, 2009

Page 38

When, at the discretion of the Town Codes Enforcement Officer or the Town Engineer, it is determined than an independent construction inspection or services for site work, exterior utilities and appurtenances are required to ensure compliance with the requirement for Town Codes and other Town policy, an additional fee will be assessed to the applicant to compensate for the charge incurred by the Town. A pre-paid fee will be established by the Town Board based on the current hourly inspection rate schedule approved by the Town Board.

8. RE-INSPECTION FEES

Re-inspection fee – each $ 75.00

A re-inspection fee is payable in the following circumstances:

(1) When a request is made for inspection, an inspector responds to the site and the

work is not ready to be inspected

(2) When an inspection is made, corrective measures are directed by the inspector, a

schedule is established for re-inspection, a re-inspection (free of charge) is made but

defective work is not properly corrected and a still further inspection is necessitated

(3) When an approved plan is deviated from in the field, the deviation is discovered

by an inspector and re-inspection is necessitated to confirm that the work conforms to

the original plan.

(4) When work is performed in phases and more than one inspection is required

before the work is approved, a maximum charge of $25 would apply for each such

inspection.

9. APPLICATION TO ZONING BOARD OF APPEALS

Application for Area Variances:

a. Residential, one and two-family: $100.00

b. Multiple dwellings and other non-residential uses: $240.00

c. Interpretations: $ 40.00

d. Application for Use Variances (all uses): $300.00

Applicants appearing before the Zoning Board of Appeals, upon payment of the designated fee, are entitled to only one "no-show" at a Zoning Board of Appeals meeting, unless otherwise adjourned by said Zoning Board; and after that, the applicant must reapply and pay the designated fee.

10. APPLICATION TO PLANNING BOARD

a. Special Permit Application: $250.00

11. APPLICATION TO TOWN CLERK

REGULAR TOWN BOARD MEETING

April 8, 2009

Page 39

a. Request for amendment to Zoning Law, Text or Map

Amendment, excluding Planned Developments $100.00

b. Request for amendment to Zoning Law and Planned

Development district (over five acres) $500.00

c. Copy of Zoning Law: $ 50.00

SECTION 18. All other provisions of the Code of the Town of New Hartford, and amendments thereto, are hereby affirmed except to the extent that this Local Law shall modify or amend.

SECTION 19. This Local Law shall become effective immediately upon its filing in the Office of the Secretary of State in accordance with Section 27 of the Municipal Home Rule Law.

The Town Board voted upon roll call, resulting as follows:

Councilwoman Krupa - Aye

Councilman Reynolds - Aye

Councilman Woodland - Aye

Councilman Payne - Aye

Supervisor Reed - Aye.

Local Law Introductory “A” of 2009 was then declared unanimously carried and duly ADOPTED as Local Law No. Six of 2009.

MINUTES

March 11, 2009 and March 25, 2009 Town Board Meeting

Councilman Reynolds introduced the following Resolution for adoption, seconded by Councilman Payne:

(RESOLUTION NO. 60 OF 2009)

RESOLVED that the New Hartford Town Board does hereby accept and approve as submitted the minutes of the Regular Town Board meetings held March 11, 2009 and March 25, 2009 and does further waive the reading of the same.

Councilwoman Krupa - Aye

Councilman Reynolds - Aye

Councilman Woodland - Aye

Councilman Payne - Aye

Supervisor Reed - Aye.

REGULAR TOWN BOARD MEETING

April 8, 2009

Page 40

The Resolution was declared unanimously carried and duly ADOPTED.

PUBLIC PRESENTATIONS (Public Comments)

There were none.

REPORTS OF TOWN OFFICIALS

Codes Enforcement Officer:

Appointment of Part-Time Fire Inspector

Upon presentation by the Codes Enforcement Officer, Councilman Payne introduced the following Resolution for adoption; seconded by Councilman Payne:

(RESOLUTION NO. 61 OF 2009)

RESOLVED that the New Hartford Town Board does hereby appoint Anthony Klimek as a Part-time Fire Inspector for the Codes Department, effective April 20, 2009, with the yearly salary of $20,000, payable bi-weekly.

The Town Board members voted upon roll call:

Councilwoman Krupa - Aye

Councilman Reynolds - Aye

Councilman Woodland - Aye

Councilman Payne - Aye

Supervisor Reed - Aye.

The Resolution was then declared unanimously carried and duly ADOPTED.

Highway Superintendent

Appointments – Seasonal Employees

Upon request of the Highway Superintendent, Councilman Reynolds offered the following Resolution for adoption; seconded by Councilman Payne:

(RESOLUTION NO. 62 OF 2009)

RESOLVED that the New Hartford Town Board does hereby appoint the following individuals to the various part-time seasonal positions and for the hourly wages set opposite their several names, for the Highway Department, commencing on the dates set forth and ending on the dates specified; all wages to be paid bi-weekly:

REGULAR TOWN BOARD MEETING

April 8, 2009

Page 41

Effective Immediately

Name Position Rate of Pay Ending Date

Alex Van Dyke Laborer $8.90/ hour October 31, 2009

Andy Mosher Laborer $8.90/ hour October 31, 2009

Effective May 15, 2009

Wayne Rich Laborer $8.90/ hour August 31, 2009

Ryan Brady Laborer $8.90/ hour August 31, 2009

James Gehringer Laborer $8.25/ hour August 31, 2009

Patrick Green Laborer $8.25/ hour August 31, 2009

Mike Kennedy Laborer $8.25/ hour August 31, 2009

Steven Prokosch Loborer $8.25/ hour August 31, 2009

Effective June 30, 2009

Allison Back Highway Clerk $9.02/ hour August 31, 2009

The Town Board members voted upon roll call:

Councilwoman Krupa - Aye

Councilman Reynolds - Aye

Councilman Woodland - Aye

Councilman Payne - Aye

Supervisor Reed - Aye.

The Resolution was then declared unanimously carried and duly ADOPTED.

Appointment – Highway Mechanic Vacancy

Upon request of the Highway Superintendent, Councilman Payne offered the following Resolution for adoption; seconded by Councilwoman Krupa.

(RESOLUTION NO. 63 OF 2009)

RESOLVED that the New Hartford Town Board does hereby appoint Thomas Smith to fill the vacancy of the Mechanic Position for the Highway Department left empty by the retirement of Jack Webb, commencing April 27, 2009, at an hourly wage of $22.28, payable bi-weekly.

The Town Board members voted upon roll call:

Councilwoman Krupa - Aye

Councilman Reynolds - Aye

REGULAR TOWN BOARD MEETING

April 8, 2009

Page 42

Councilman Woodland - Aye

Councilman Payne - Aye

Supervisor Reed - Aye

The Resolution was then declared unanimously carried and duly ADOPTED.

Proposal to Renew Salt Contract for 2009-2010

The Highway Superintendent offered the following remarks in regards to the Proposal to renew the 2009-2010 Salt Contract. He stated that the Town had a heavy winter; prices aren’t finalized and he’s getting price quotes and expects them to be the same as this past winter season. The matter was tabled.

Acquisition – Computer Software (Highway Preventative Maintenance Program

Upon request of the Highway Superintendent, Councilman Payne offered the following Resolution for adoption; seconded by Councilwoman Krupa:

(RESOLUTION NO. 64 OF 2009)

RESOLVED that the New Hartford Town Board does hereby authorize and direct the Highway Superintendent to purchase the Equipment Preventative Maintenance Program Computer Software at a total cost of $497.00 for the first year and $123.00 per year thereafter to continue with upgrades. The program will be installed on the Highway Superintendent’s computer along with a computer in the highway garage. This program will keep track of all servicing needs for town vehicles/equipment.

The Town Board members voted upon roll call:

Councilwoman Krupa - Aye

Councilman Reynolds - Aye

Councilman Woodland - Aye

Councilman Payne - Aye

Supervisor Reed - Aye.

The Resolution was then declared unanimously carried and duly ADOPTED.

Miscellaneous Matters

• 1988 MACK DUMP TRUCK

Highway Superintendent discussed the desperate situation regarding a 1988 Mack Dump Truck VIN#2M2S197C2JC001019. Because of the age of the truck, the Highway Superintendent cannot get parts anywhere; the parts are no longer a stock item and are not available. Also, because this truck is no longer road worthy, the Highway Superintendent is asking the Board to consider selling it possibly to another

REGULAR TOWN BOARD MEETING

April 8, 2009

Page 43

town for parts. The Highway Superintendent will contact other towns to check into interest or look into the best way to dispose of this truck.

· Oxford Road Area Drainage Improvements

Highway Superintendent presented an update. The signs are being made and will be located initially on Oxford Rd. The signs will be moved from location to location and will be informative to residents as to what is being done.

• Jubilee Estates

The Town will close on this property and start the Jubilee Estates drainage project in the beginning of May 2009.

• Beechwood Road & Woodberry Road

Highway Superintendent discussed the drainage problem on Beechwood Road and commented it’s the same problem as on Woodberry Road; the Highway Superintendent will come up with the cost and a design for the work that needs to be done. The Highway Department is still awaiting signed easements to be returned before work can be started.

• Tilden Ave.

Highway Superintendent will get an appraisal for work to be done on Tilden Ave. which is also a problem.

Councilman Payne spoke with regard to Douglas Long who resides on Oneida Street. Councilman Payne wants the Town to put a design together because every time it rains Mr. Long gets blasted with water, and has damage to his cellar. Mr. Long has paid out of pocket to try and correct this problem. Doug Long wants to know who pays for these problems, the Town or the homeowner? The Stormwater Committee is looking at possibilities and the issues of solving financial problems on private property. Hopefully the Stormwater Committee will straighten out this problem.

Re-appointment to Stormwater Committee

Upon recommendation of the Highway Superintendent, Councilman Renyolds introduced the following resolution for adoption; seconded by Councilwoman Krupa.

(RESOLUTION NO. 65 OF 2009)

WHEREAS, the term of Kenneth Lowell as a Member of the Stormwater Committee will expire on May 8, 2009;

WHEREAS, Mr. Lowell has expressed his desire to continue serving on this Board;

NOW, THEREFORE, BE IT RESOLVED that the New Hartford Town Board does hereby re-appoint Kenneth Lowell as a Member of the Stormwater Committee for a one year term, commencing May 9, 2009 and ending May 8, 2010.

REGULAR TOWN BOARD MEETING

April 8, 2009

Page 44

The Town Board members voted upon roll call:

Councilwoman Krupa - Aye

Councilman Reynolds - Aye

Councilman Woodland - Aye

Councilman Payne - Aye

Supervisor Reed - Aye.

The Resolution was then declared unanimously carried and duly ADOPTED.

Town Clerk:

Permit for Mass Assembly of Persons-Carnival at Home Depot (Midway Rides)

The Town Clerk’s Office has received an application from Midway Rides to conduct their annual Carnival upon the Home Depot property; French Road and the appropriate offices had reviewed this application with many concerns having been addressed. Thereafter, Councilwoman Krupa offered the following Resolution for adoption; seconded by Councilman Woodland.

(RESOLUTION NO. 66 OF 2009)

WHEREAS, on March 24, 2009 the Town Clerk received an application from Dana Peck of Midway Rides of Utica, for permission to conduct a Carnival from Monday, April 29, 2009 through Friday, May 3, 2009, upon the Home Depot premises at French Road; and

WHEREAS, the Codes Enforcement officer, Town Police Chief and the New York Mills Fire Chief have reviewed said application and find the contents therein to meet Chapter 44 of the Town Code,

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of New Hartford does hereby approve the application of Dana Peck/Midway Rides of Utica to conduct a Carnival upon premises owned by The Home Depot from April 29, 2009 through May 3, 2009, and that the Town Clerk, having received the required Certificate of Liability Insurance, be, and she hereby is, directed to issue the permit under Chapter 44 (Assembly, Mass Public) of the Town Code.

The Town Board members voted upon roll call:

Councilwoman Krupa - Aye

Councilman Reynolds - Aye

Councilman Woodland - Aye

Councilman Payne - Aye

REGULAR TOWN BOARD MEETING

April 8, 2009

Page 45

Supervisor Reed - Aye.

The Resolution was then declared unanimously carried and duly ADOPTED.

MATTER SUBMITTED BY TOWN SUPERVISOR

Proclamation – National Public Safety Telecommunications week

Upon recommendation of the Town Supervisor, Councilman Reynolds introduced the following Resolution; seconded by Councilman Payne:

(RESOLUTION NO. 67 OF 2009)

RESOLVED that the New Hartford Town Board does hereby authorize and direct the Town Supervisor to issue the following Executive Proclamation with regard to Law Enforcement, Fire and Paramedic Responders who are entrusted with the responsibility of maintaining law and order and protecting the lives and property of Americans and to the officers of the New Hartford Police Department and to the Fire Fighters and Paramedics of the New Hartford Fire Department for their faithful and loyal devotion in protecting the Town of New Hartford, and declaring that the week of April 12, 2009 through April 18, 2009 be declared as National Public Safety Telecommunications Week throughout the Town of New Hartford:

WHEREAS, Public Safety Telecommunicators are the first contact our residents have when seeking emergency services, and

WHEREAS, it is the immediate response of law enforcement, fire and paramedic responders that is vital to the protection of Life and preservation of property in our community, and

WHEREAS, Public Safety Telecommunicators help to ensure the Safety of our responders by closely monitoring their activities via radio, and by providing them with up to the minute and accurate information, and

WHEREAS, the New Hartford Town Board proudly recognizes our Telecommunicators at the New Hartford Dispatch center for the high degree of professionalism they demonstrate during emergency situations, now therefore be it

RESOLVED: THAT I, Earle C. Reed, Supervisor of the Town of New Hartford do hereby declare, proclaim and set aside the week of April 12^th, 2009 through April 18^th, 2009 as:

“NATIONAL PUBLIC SAFETY TELECOMMUNICATIONS WEEK”

REGULAR TOWN BOARD MEETING

April 8, 2009

Page 46

Throughout the Town of New Hartford, and be it further

RESOLVED, THAT ON BEHALF OF THE New Hartford Town Board, I officially extend our heartfelt appreciation to our communication specialists for the dedicated service they provide the residents of our community.

IN WITNESS WHEREOF, I have hereunto set my hand this 8^th day of April Two Thousand Nine.

The Town Board members voted upon roll call:

Councilwoman Krupa - Aye

Councilman Reynolds - Aye

Councilman Woodland - Aye

Councilman Payne - Aye

Supervisor Reed - Aye.

The Resolution was then declared unanimously carried and duly ADOPTED.

MATTERS SUBMITTED BY COUNCILMEN

Councilwoman Krupa:

Appointment – Sub Clerk

Upon recommendation of Councilwoman Krupa, the following resolution was introduced for adoption by Councilman Woodland and duly seconded by Councilman Reynolds:

(RESOLUTION NO. 68 OF 2009)

RESOLVED that the New Hartford Town Board does hereby appoint Charles J. Kobielski, Jr. as a Sub Clerk in the Assessors Office to fill in for an employee on medical leave, commencing April 24, 2009 and ending no later than May 22, 2009, at an hourly rate of Eleven Dollars ($11.00) to be paid bi-weekly.

The Town Board members voted upon roll call:

Councilwoman Krupa - Aye

Councilman Reynolds - Aye

Councilman Woodland - Aye

Councilman Payne - Aye

Supervisor Reed - Aye.

The Resolution was then declared unanimously carried and duly ADOPTED.

REGULAR TOWN BOARD MEETING

April 8, 2009

Page 47

Appointment to Board of Assessment Review

Upon recommendation of Councilwoman Krupa; Councilman Payne offered the following Resolution for adoption; seconded by Councilman Reynolds

(RESOLUTION NO. 69 OF 2009)

WHEREAS, the term of office of Cathy Lawrence as a Member of the Board of Assessment Review had expired September 30, 2008; and

WHEREAS, Ms. Lawrence indicated she was not interested in re-appointment;

NOW, THEREFORE, BE IT RESOLVED that the New Hartford Town Board does hereby appoint Nina M. Caporale as a Member of the Board of Assessment Review for a five (5) year term, commencing April 9, 2009 and ending September 30, 2013, at an annual salary of $700.00, payable annually.

The Town Board members voted upon roll call:

Councilwoman Krupa - Aye

Councilman Reynolds - Aye

Councilman Woodland - Aye

Councilman Payne - Aye

Supervisor Reed - Aye.

The Resolution was then declared unanimously carried and duly ADOPTED.

Councilman Payne:

Abandoned Cemetery (ies)

Councilman Payne referred to correspondence from the Town attorney in regards to the requirements for Cemetery Maintenance. Councilman Payne had a request from a Boy Scout to make this his Eagle Scout Project. Also the Highway Superintendent will review the conditions of cemeteries and surrounding private property and will give the Town Board a report along with a repair estimate at a later date.

Upon recommendation of Councilwoman Krupa; Councilman Payne offered the following Resolution for adoption; seconded by Councilman Reynolds

(RESOLUTION NO. 70 OF 2009)

RESOLVED that the New Hartford Town Board does hereby authorize and direct the Town Supervisor to apply for funds from the New York State Division of Cemeteries for

REGULAR TOWN BOARD MEETING

April 8, 2009

Page 48

the maintenance and care of six (6) abandoned cemeteries located in the Town of New Hartford.

The Town Board members voted upon roll call:

Councilwoman Krupa - Aye

Councilman Reynolds - Aye

Councilman Woodland - Aye

Councilman Payne - Aye

Supervisor Reed - Aye.

The Resolution was then declared unanimously carried and duly ADOPTED.

Higby Hills Water District-Grievance Committee-Authorization to Advertise

Councilwoman Krupa offered the following Resolution for adoption; seconded by Councilman Reynolds:

(RESOLUTION NO. 71 OF 2009)

RESOLVED that the New Hartford Town Board does hereby authorize and direct the Town Clerk to advertise for letters of interest/resume/applications from Town residents or property owners within the Higby Road Water District who would like to serve on the three-member Higby Road Water District Board of Review. The Assessor will be the Town Board Liaison. The Town Board would like the positions filled in May of 2009.

The Town Board members voted upon roll call:

Councilwoman Krupa - Aye

Councilman Reynolds - Aye

Councilman Woodland - Aye

Councilman Payne - Aye

Supervisor Reed - Aye.

The Resolution was then declared unanimously carried and duly ADOPTED.

Johnson Controls Agreement

Councilwoman Krupa made reference that she will contact Johnson Controls and check résumés. She will present more information on how to save the taxpayers monies at the next board meeting.

MATTERS SUBMITTED BY TOWN SUPERVISOR

Financial:

REGULAR TOWN BOARD MEETING

April 8, 2009

Page 49

Audit of Bills

Councilwoman Krupa introduced the following Resolution for adoption; seconded by Councilman Reynolds:

(RESOLUTION NO. 72 OF 2009)

RESOLVED that the Town Board of the Town of New Hartford does hereby authorize and direct the payment of the bills itemized on the following Abstracts, that have been duly audited by the Town Board.

Highway Fund Part-Town Abstract # 9

Vouchers DB311-DB326 $35,524.13

Sewer Fund Abstract #10

Voucher SS24-SS27 $ 3,050.67

General Fund Part-Town Abstract # 12

Voucher BB64 $ 18.00

General Fund Part-Town Abstract # 13

Voucher BB65 – BB72 $ 6,467.73

General Fund Whole-Town Abstract # 14

Voucher AA607 – AA612 $ 4,155.40

General Fund Whole Town Police Abstract # 14A

Voucher AA648 – AA654 $37,790.42

General Fund Whole-Town Abstract # 15

Voucher AA614-AA647; AA655 $59,238.00

TOTAL $146,244.35

The Town Board members voted upon roll call:

Councilwoman Krupa - Aye

Councilman Reynolds - Aye

Councilman Woodland - Aye

Councilman Payne - Aye

Supervisor Reed - Aye.

The Resolution was then declared unanimously carried and duly ADOPTED.

New Business

Appointment to Planning Board

Upon recommendation of Councilwoman Krupa; Councilman Reynolds offered the following Resolution for adoption; seconded by Councilman Payne

REGULAR TOWN BOARD MEETING

April 8, 2009

Page 50

(RESOLUTION NO. 73 OF 2009)

WHEREAS, two (2) vacancies exist on the Town Planning Board due to the expiration of Robert Imobersteg’s term of office on December 31, 2008 and due to the resignation of Hans G. Arnold in February 2009; and

WHEREAS, the Town Planning Board has received and reviewed applications and conducted interviews with persons interested in filling these vacancies; and

WHEREAS, the Town Planning Board has recommended that the Town Board appoint Julius V. Fuks, Jr. and G. Brymer Humphreys to fill said vacancies;

NOW, THEREFORE, BE IT RESOLVED that the New Hartford Town Board does hereby appoint Julius V. Fuks Jr., and G. Brymer Humphreys as members of the Town Planning Board to fill the vacancies, commencing April 9, 2009, at an annual salary of $1,250.00, payable semi-annually.

The Town Board members voted upon roll call:

Councilwoman Krupa - Aye

Councilman Reynolds - Aye

Councilman Woodland - Aye

Councilman Payne - Aye

Supervisor Reed - Aye.

The Resolution was then declared unanimously carried and duly ADOPTED.

Town Board Meeting – Date Change

Upon request of the Town Supervisor, the following Resolution was offered for adoption by Councilman Reynolds and duly seconded by Councilwoman Krupa:

(RESOLUTION NO. 74 OF 2009)

WHEREAS, due to conflicts with the Town Board meeting on May 13, 2009 and the Ride for Missing Children;

BE IT RESOLVED that the New Hartford Town Board does hereby amend the 2009 schedule of Town Board meetings so that the Town Board meeting on May 13, 2009 will be moved to May 6, 2009.

The Town Board members voted upon roll call:

REGULAR TOWN BOARD MEETING

April 8, 2009

Page 51

Councilwoman Krupa - Aye

Councilman Reynolds - Aye

Councilman Woodland - Aye

Councilman Payne - Aye

Supervisor Reed - Aye.

The Resolution was then declared unanimously carried and duly ADOPTED.

Miscellaneous Information – Fireworks Display

Supervisor Reed reported that, due to State Law on private firework displays, the privately owned Yahnundasis Golf Club would not have a firework display on July 4, 2009.

ADJOURNMENT

There being no further business to come before the Board, upon motion of Councilman Reynolds, seconded by Councilwoman Krupa, the meeting was adjourned at 6:40 P.M.

Respectfully submitted,

Melody Fancett

Deputy Clerk I

---