Dayton Code Enforcement Officer answers to residents
JACKI COMELLODAYTON - Code Enforcement Officer Frank Watson was bombarded with questions and complaints at Tuesday night's board meeting in the town of Dayton.
The first round of questions came from Dayton resident Ray Troutman. Troutman addressed Watson about rumors he would be asked to get a special use permit for his roadside produce stand.
Watson said there was no truth behind the rumors.
"We're still trying to nail down the interpretations of the roadside stands with seasonal produce," he said.
According to Watson, the code needs further defining.
"We are working as a board to clarify when the roadside stand with season produce is to be enforced and what products are we excluding, which ones are we including, what classifies a roadside stand area there's a lot of things we need to consider," Watson said.
Troutman responded, "I say quit considering it and leave the farmers alone, we're having a hard enough time right now."
Resident Mark Smith was next in line to ask for answers. Smith's concern involved three gas wells recently drilled in the town.
"No permits have been issued and I want to know why," he said.
Further discussion from board members, the town clerk and the Town's attorney seemed to indicate that public entities obtain their permits from the DEC and are only required to notify the Town before they begin drilling.
Smith continued to persist that special use permits should be required before lines are hooked up. He referred to the procedures he was required to follow involving a gas well on his property.
"I get upset when nobody follows the same rules," he said. "If you're not going to charge them, I want my money back."
Watson said this, too, was an interpretation issue and he also stated his position regarding permits and fees.
"The key is safety. All permits - building, special use, variances - have one thing in mind, safety and liability, always. That's what my job is."
Supervisor Tom Chupa was questioned by Troutman regarding the legality of being an elected official while working as a public employee.
Chupa deferred the question to Town Attorney Ron Ploetz, who said there is something called the Hatch Act that prohibits federal employees, whose pay is funded by the federal government, from being an elected official.
Chupa works for the Town of Perrysburg and though his pay is not funded by the federal government, Ploetz said the federal stimulus money which flows to the state and then to municipalities could affect future rulings.
Ploetz added it is fairly rare prosecutions arise from the Hatch Act and it is nearly impossible to get a definitive answer as to who might be in violation and who would not be.
"It's bizarre trying to figure out who it actually applies to."
Other business included:
The Comprehensive Plan for the Village and Town of Dayton was adopted.
Assessor Mary Bailey reported that two residents filed grievances on Grievance Day, which was June 9.
Town Justice Jeff Beightol reported hearing 11 cases for May and receiving a total of $1,025 for fines and fees. Josephine Beightol reported hearing 10 cases and collecting $585.
The Dayton Town Board will meet again on July 14 at 7 p.m.
