HomeMy WebLinkAboutTB Minutes 1979-07-09 J
TOWN OF ITHACA
REGULAR BOARD MEETING
July 9 , 1979 - 5 : 30 p . m .
At a Regular Meeting of the Town Board of the Town of Ithaca ,
Tompkins County , New York , held at the Town Offices at 121 East
Seneca Street , Ithaca , New York , at 5 : 30 p . m . , on the 9th day of
July , 1979 , there were
PRESENT . Noel Desch , Supervisor
Andrew W . McElwee , Councilman
Victor Del Rosso , Councilman
Robert N . Powers , Councilman
Catherine Valentino , Councilwoman
Shirley Raffensperger , Councilwoman
George Kugler , Councilman
ALSO PRESENT : James V . Buyoucos , Town Attorney
Lawrence P . Fabbroni , Town Engineer
Robert Parkin , Highway Superintendent
Henry Aron , Chairman , Planning Board
Gust L . Freeman , County Representative
Henry Theisen , County Representative
Gerard C . Smith , Executone Key Telephone System
Max Mattes , All -Mode Communications , Inc .
Beverly Coe , 381 Stone Quarry Road
Representatives of the Media :
Carol Eisenberg , Ithaca Journal
Molly Cummings , WTKO
Leigh LaPore , WICB-FM
PLEDGE OF ALLEGIANCE
The Supervisor led the assemblage in the Pledge of Allegiance .
WELCOME - GEORGE KUGLER
Supervisor Desch welcomed George Kugler to the Town Board ,
to fill the vacancy left by Gust Freeman .
The Supervisor also welcomed Councilman Del Rosso back
from his sojourn to the Penn State Campus . He said the Board looked
forward to receiving the benefit of his newly acquired skills . It
is good , he said , to have a full Board on hand again .
FRESHWATER WETLANDS
The Supervisor reported that he had two responses from
the Department of Environmental Conservation declaring Fleming
Meadow and Larch Meadow as Freshwater Wetlands . He said such desig -
nation will assist the Town in protecting the sensitive environment
in these areas .
TELEVISION SERVICE - CERACCHE ( ATC )
Supervisor Desch reported that he has received a letter
from Ceracche ( ATC ) regarding cable service extension along Codding -
ton and Updike Roads . This is in response to a petition from the
residents of the area . In essence the line extension policy
Town Board Minutes - 2 - July 9 , 1979
prescribes how lower density areas can acquire service . In this
case there are 18 potential subscribers in the 1 . 2 mile stretch .
Therefore , Ceracche would bear 750 of the cost and the residents
25 % or $ 149 . 20 per household ( total cost to 18 subscribers being
$ 2 , 685 . 50 ) . Ceracche ( ATC ) will pay for $ 8 , 056 . 50 . Total cost
for the extension is $ 10 , 742 . 00 . The subscriber would also pay
the $ 25 . 00 connection charge . Supervisor Desch said he would be
discussing the matter further with the petitioners to see if they
feel this is economically feasible for them and in line with their
view of the value of the service .
STONE QUARRY ROAD WATER SERVICE
Supervisor Desch reported that the Town now has Health
Department approval for construction of the Stone Quarry Road
water line and expects a bid opening in early August . The Board
will probably adjourn the August meeting on a day to day basis so
that appropriate award authorization can come about as soon as the
Engineers ( Lozier ) and the attorneys have reviewed the bids .
EPA AUDIT
Supervisor Desch reported that the Town has been . notified
that the Town records for the sewer construction project will be
audited in the near future . Both Town and consulting engineer
( Stever ) records will be audited .
ZONED BILLING
Supervisor Desch reported that the computer programming
associated with the new zoned billing program is now in place .
As reported in the July Newsletter , the City of Ithaca will also
be moving the sewer billing date up one month .
1980 BUDGET PREPARATION
Supervisor Desch said that the budget planning process
begins in July with the department heads initiating the process
by preparing their statement of needs . He said he would soon be
releasing a memorandum so that necessary input is received along
with a listing of dates for the required hearings . He said that
Town Board members should advise him if there are new categories
or substantial change ( that is , more than 10 % in any of the present
categories ) that should be considered in the advance planning .
ROAD SWAP - TOWN AND COUNTY
Supervisor Desch reported that the Town has received the
State Department of Transportation Commissioner ' s approval of the
Town/County road swap . We can now begin the signing and road mark -
ing program . He recommended that some publicity be put out on this
signing and marking so that the people will not be caught unawares .
REPORT OF PLANNING BOARD CHAIRMAN
Mr . Henry Aron reported as follows $
" Since my last report to you on June 11 , 1979 , the Planning
Board has met three times , June 12th , June 14th , and June 26th . In
addition , three committees of the Board met as follows .
a . ad hoc Committee , June 18th , chaired by Mr . James Baker ,
with Mesdames Schultz and Grigorov as members , walked
the land proposed for subdivision into four lots , by
James M . Crone , at Coy Glen Road and Elm Street Ex -
tension .
X6.3
Town Board Minutes - 3 - July 9 , 1979
b . The Planning Board Procedures Committee met on
June 20th and drafted four pages of proposed pro -
cedures . Mr . Edward Mazza chairs that Committee
with members Aron and Fuller being present .
c . Ad Hoc Committee , July 7th , chaired by Mr . Henry Aron ,
with Mesdames Schultz and Bronfenbrenner as members ,
walked the land proposed for subdivision into 10 lots ,
by Lagrand Chase , backlot of Ridgecrest Road , 30 acres
with 70 ' access .
" l . On June 12 , 1979 , the Planning Board met in regular session
with all members present . Two sets of Minutes were approved
and reports were heard from the Building Inspector , the Town
Engineer and the Town Planner .
A Public Hearing was held at 7 : 45 p . m . to consider preliminary
subdivision approval of a 4 - lot subdivision on 16 acres of land ,
James M . Crone , owner , with no decision being reached . The
Chair appointed an ad hoc committee to walk the land as men -
tioned a few moments ago . The Public Hearing was adjourned
to 7 : 45 p . m . on June 26th .
The Planning Board agreed that unless required , the Planning
Board will not meet in the month of August and only once in
July - - the 10th .
The June 12th meeting was adjourned until June 14th at 7 : 30
p . m .
" 2 . On June 14 , 1979 , the Planning Board met in adjourned regular
session , with all members present . Town Attorney Buyoucos
spoke to the Board at length and in detail about the status
of the Ivar Jonson subdivision matter . Mr . Buyoucos and the
Board allowed the public to remain during this executive ses -
sion discussion .
" 3 . On June 26 , 1979 , the Planning Board met in regular session
with all members present . Five sets of Minutes were approved
and a report on the activities of the County Planning Board
was heard from Councilwoman Raffensperger .
At 7 : 45 p . m . : the Board continued the Public Hearing in the
matter of the consideration of preliminary subdivision approval
of the 4 - lot subdivision on 16 acres of land , James M . Crone ,
owner . Of the four lots proposed , one is on Elm Street and
measures approximately 150 ' x 200 ' and is served by municipal
water but not sewer . The other three lots . are on Coy Glen Road
and are approximately 5 acres each in size . The ac hoc Committee
noted previously .made its report and found no problems with the
proposed subdivision and noted that the area is very lovely .
The Environmental Assessment Form submitted by the agent for
the owner , Mr . Richard Mellen , was read by the Chair in its
entirety : A . few changes were made with the agreement ° of -; . the
agent present , Mr . John Bodine .
The Planning Board unanimously granted preliminary subdivision
approval for proposed subdivision at Coy Glen Road and Elm
Street Extension , Tax Parcel No . 6 - 29 - 8 - 5 , James M . Crone ,
Owner , subject to the following conditions :
a . Subject to the limitation of four homes on the four in -
dicated lots , one on each .
b . Subject to approval of the Tompkins County Health Depart -
ment .
Town Board Minutes - 4 - July 9 , 1979
c . Subject to the finding by the Planning Board of no
environmental harm of a substantial nature .
d . Subject to a recommendation for approval by the Town
Engineer as far as drainage on all four lots , road cuts ,
and access .
The Planning Board adopted unanimously the following resolu -
tion in re procedures .
In matters of applications for subdivision approval , prior
to Public Hearing , developers shall provide the Planning
Board with ten copies of the subdivision map and ten copies
of the completed Environmental Assessment Form and be prepared
to accompany a designated committee of the Planning Board on a
tour of the proposed site with any other separate documents
such developer deems necessary or appropriate .
The Planning Board heard a report from Mr . Edward Mazza ,
chairman of the Planning Board Procedures Committee .
" 4 . The Planning Board will be meeting tomorrow night at 7 : 30
p . m . , July 10th , 1979 , with three Public Hearings scheduled
as noted on the Agenda you all received in the mail "
Mr . Aron requested that the Town Board furnish more input ,
together with the Planning Board . He said he did not want the
Town Board to tell the Planning Board what to do , but that the
two Boards should have a common goal with regard to matters like
peripheral roads , park areas , and other areas of planning . He
urged that efforts should also be made to involve the County and
the City of Ithaca in these common planning goals . Supervisor
Desch said it is a matter of doing it without taking up too much
of people ' s time . Mr . Aron said that people in public office must
sacrifice the time or get out of public office . Supervisor Desch
said it is not easy to involve Town , County , and City in planning
but that a common effort should be made to find a mechanism to do
so . Mr . Aron said that in Ithaca we are fortunate that we can draw
on people from the outside who can help us . There are resources
in Ithaca and there are people who will be glad to advise . He said
it is a matter of coordination all around . Mr . Aron said that the
Town Board ' s zoning and ordinances committees will have to work
toward that end ; that this is a part of planning ; that we must think
about the future . He said this is what he is striving for as Chair -
man of the Planning Board . Mr . Aron said that it is necessary to
have some Town committees prepare plans which can be presented to
the County and the City . Supervisor Desch said that it may be neces -
sary to idenfity separately the areas which must be dealt with on a
priority basis because there is no way even in the best integrated
way possible to handle everything that one would like to handle .
Mr . Aron said there are , however , some priority areas , among the
others the Judd Falls Road/Pine Tree Road /Mitchell Street traffic
problem which has been on the " back burner " for many years . There
is a need to build a road to divert the traffic in this area .
Supervisor Desch agreed that Mr . Aron ' s points are well
taken .
Town Board Minutes - 5 - July 9 , 1979
HIGHWAY SUPERINTENDENT
Mr . Parkin , Highway Superintendent , requested authoriza -
tion to attend the Highway Superintendents ' School at the Convention
center in the Catskills , New York , November 11 - 14 , 1979 , cost not to
exceed $ 200 . 00 .
RESOLUTION NO . 128 , 1979
Motion by Supervisor Desch , seconded by Councilman Powers ,
RESOLVED , that this Town Board hereby authorizes the Highway
Superintendent to attend the Highway Superintendents ' School ,
at Convention Center , Catskills , New York , September 11 - 14 , 1979 ,
at a cost not to exceed $ 200 . 00 .
( Del Rosso , McElwee , Valentino , Raffensperger , Powers , Kugler ,
and Desch voting Aye . Nays - none )
Mr . Parkin reported that he had a request from Mr . Roy
Casterline , Highway Department , that the Board consider a five -
week vacation for Highway Department employees after 25 years of
service . The Supervisor said the Board is not prepared at this
time to act on this matter .
Mr . Parkin said he would like to replace one of the
Highway Department ' s sander - spreaders this year . This would
be a gas driven unit at an approximate cost of $ 4 , 500 . Council -
man McElwee brought up the matter of hydraulic versus gasoline .
Mr . Parkin said he has been happy with gasoline driven units .
He said he had experience with hydraulic and had all kinds of
trouble . Councilman McElwee said , nevertheless , he would like
to have more information on hydraulic . He suggested that Mr .
Fabbroni research the matter and present specifics and make a
recommendation . Supervisor Desch said that Mr . Fabbroni could
do a cost analysis and performance comparison . In the meantime ,
the availability of funds can be verified .
PRESENTATIONS ON TELEPHONE SYSTEMS
Two presentations were made regarding new telephone
system for the Town of Ithaca offices . One presentation was
made by Mr . Gerard C . Smith , Executone Key Telephone System ,
the other by Mr . Max Mattes , All -Mode Communications , Inc .
The Board thanked these men for their presentations . No decision
was made at this time to select one or the other . The Board will
consult with Mr . Fabbroni and make a decision at a later date .
PAYMENT SCHEDULE - MINUTES
PLANNING BOARD AND ZONING BOARD OF APPEALS
Supervisor Desch reported that two applications have been
received for the position of alternate minute - taker for the Planning
Board and the Zoning Board of Appeals . He recommended that these
people be interviewed by the respective Boards .
Town Board Minutes - 6 - July 9 , 1979
Supervisor Desch noted also there is need to increase the
rate for recording minutes , preparing and distributing same for
the Planning Board and Zoning Board of Appeals .
RESOLUTION NO . 129 , 1979
Motion by Councilwoman Raffensperger ; seconded by Councilman Powers ,
RESOLVED , . that the rate for recording minutes , preparing , and
distributing same for the Planning Board and Zoning Board of
Appeals meetings be increased from $ 25 . 00 per meeting to $ 35 . 00
per meeting .
( Del Rosso , McElwee , Valentino , Kugler , Raffensperger , Powers , and
Desch voting Aye . Nays - none )
REPORTS OF COUNTY REPRESENTATIVES
Mr . Gust L . Freeman remarked that the idea of having develop -
ers furnish ten copies of plans for subdivisions to the Planning
Board is a great one .
Mr . Freeman reported that the Municipal Officers Associ -
ation has been talking about a county wide dog control commission .
One of the functions of such a commission would be to promote
uniform dog control laws and fees . They are looking to the munici -
palities for input with regard to this idea . There was some ques -
tion on the Board whether this would be useful . Councilwoman Valentino
noted that each municipality is different and their needs with regard
to dog control are different . Mr . Buyoucos said there are so many
other things of higher priority at this time that he would prefer
to declare a " moratorium " on dog control . Councilwoman Valentino
said the matter - could be considered more intelligently if the goals
of such a commission were better defined . Mr . Theisen said that
he has been on a committee for the last few years trying to grapple
with various dog control ordinances and agreements with the SPCA
and that it has been a hard problem . It is hard , he said , to put
everything together to work something out acceptable to everyone .
He said in the last few years there has been a joint contract with
the SPCA , and City of Ithaca , and the County as a whole . There
have been various small contracts between the villages and the SPCA .
He said he felt that is one of the reasons a commission might be good ,
it would make for one single arrangement between the proposed commis -
sion and the SPCA . He said that did not mean there could not be dif -
ferent situations in each town . He said it would actually free the
town boards of having to deal with these things all the time . A
five - person commission would deal with the problems and it would
provide more uniformity . He asked the Board to keep an open mind
about such a commission ; that the Board will be receiving more
definite proposals in the future . He said it is possible that a
commission could accomplish something and yet not interfere with
each municipality ' s own policies .
Councilman Powers asked Mr . Theisen if he were suggesting
that the County is going to take all responsibility out of the hands
of local municipalities . When Mr . Theisen said that was not what he
was suggesting , Councilman Powers asked why , then , there should be
another agency . Mr . Theisen said the County would be contributing
to this ( commission ) and it would not be necessary to have a multiple
contract .
There was continued discussion of a dog control commission ,
Supervisor Desch noting , in passing , that there is a problem at the
interfaces of the municipalities .
Town Board Minutes - 7 - July 9 , 1979
REPORT OF TOWN ATTORNEY
Town Attorney Buyoucos recalled that last spring the
Town considered the possibility of adopting a local law to con -
trol the accumulation of junk . Mr . Buyoucos distributed to the
Board a proposed junk control local law which he asked them to
review and comment upon .
Supervisor Desch noted that this matter is Item 7 on the
present agenda . Consideration of this matter was prompted by a
number of complaints . There is a rather flagrant junk problem
on Northview Road . It was hoped that the situation would be
resolved between neighbors without the necessity for legislation .
Mr . Buyoucos said that he and the Board are reluctant to
over - regulate , but when people won ' t behave there is no alterna -
tive . Among the problems to be considered are abandoned vehicles
and the accumulations of building materials . After considerable
discussion the Board and Mr . Buyoucos felt that the most effective
way to handle junk control is by way of complaints from people who
are residents in the particular area affected . Mr . Buyoucos felt
that if a person complains about his neighbor he takes on the
responsibility rather than putting the onus on the Town staff .
The Board agreed with this approach noting that it is not the
business of a Town staff member to decide what is a nuisance as
between one neighbor and another . Councilwoman Raffensperger
inquired what the case would be where a new house has been con -
structed and the Town is considering issuing a certificate of
compliance and there are building materials lying about . Mr .
Buyoucos said that the building inspector would have to exercise
judgment , that the building inspector could file a complaint , but
that he felt it best to put the onus on the complainant .
Mr . Buyoucos said he would revise the proposed junk con-
trol law in accordance with the discussion , that he would have
a revised version for the Board to review and use at a public
hearing .
RESOLUTION NO . 130 , 1979
Motion by Councilwoman Raffensperger ; seconded by Councilman Powers ,
RESOLVED , that this Town Board will conduct a public hearing on
August 13 , 1979 at 7 : 30 p . m . to consider the adoption of a local
law for the control of junk .
( Kugler , McElwee , Valentino , Powers , Del Rosso , Raffensperger ,
and Desch voting Aye . Nays - none )
NORTHEAST TRANSIT
Mr . Fabbroni brought the Board up to date on the status
of the Northeast Transit service . A commitment is still awaited
from the Village of Cayuga Heights . The City Board of Public
Works has approved the run and also the Budget and Administration
Committee of the County and it has been forwarded to the Common
Council for approval . Mr . Fabbroni said when all these approvals
have been received it would accomplish the intent of the Town ' s
resolution of approval subject to a commitment by the other munici -
palities to contribute their share of the cost . He said there is
a question whether the Village of Cayuga Heights will contribute .
They are still discussing it . He said the Transit Committee will
now go ahead and draft an agreement . This agreement will call for
the Town of Ithaca to commit $ 7 , 000 maximum . If any action is
appropriate at this time , it would be authorization to the Super -
visor to enter into such an agreement . Supervisor Desch said it
was his understanding that the Board has given conceptual approval
to the system . He did not think it appropriate at this time for
the Board to give him authorization to execute a document which
has not yet been definitely tied down .
Town Board Minutes - 8 - July 9 , 1979
Further discussion indicated the need for some " up front "
money if the system is to be put into operation in September as
contemplated . Discussion indicated that the Board was willing
at this time to contribute 10 % of its total commitment of $ 7 , 000 .
Therefore , the Board acted as follows :
RESOLUTION N0 . 131 , 1979
Motion by Supervisor Desch , seconded by Councilman Powers ,
RESOLVED , that the Town of Ithaca appropriate a sum not to exceed
$ 700 . 00 for the " front end " costs in setting up schedules and re -
lated charges for the anticipated Northeast Bus System ; contingent
upon all the other major contributors contributing the same percentage
( 10 % ) e
( Kugler , McElwee , Valentino , Raffensperger , Del Rosso , Powers ,
and Desch voting Aye . Nays - none )
OFFICE FOR THE AGING
Supervisor Desch recalled that the Office for the Aging
on June 11 , 1979 made a presentation requesting some new programs .
At that time the Board said it could not consider the new request
until budget time this fall . At the approval hearing for the cur -
rent year budget , the Board appropriated $ 1 , 000 which would be
matched by $ 1 , 000 from New York State . The budget year that the
original agreement was signed for extended through July 1 , 1979 .
Supervisor Desch requested authorization to sign the new agreement
July 1 , 1979 through December 31 , 1979 ( even though the agreement
makes reference to a full year . Their year and the Town ' s year do
not dovetail . In short , the amount of the appropriation does not
change . It covers a full year at $ 1 , 000 rather than a half year
at $ 500 .
RESOLUTION NO . 132 , 1979
Motion by Supervisor Desch ; seconded by Councilwoman Raffensperger ,
RESOLVED , that the Supervisor of the Town of Ithaca is hereby
authorized to execute the agreement with the Office for the Aging
for the Recreational Programs for the Elderly at a cost not to
$ 500 . 00 for the period July 1 , 1979 through December 31 , 1979 .
( Kugler , McElwee , Valentino , Del Rosso , Powers , Raffensperger , and
Desch voting Aye . Nays - none )
PUBLIC HEARING - 7 : 30 P . M .
CROSS - CONNECTIONS - LOCAL LAW NO . 3 , 1979
Proof of posting and publication of notice of public hear -
ing in the matter of cross - connections having been presented by the
Town Clerk , the Supervisor opened the hearing .
Supervisor Desch stated . that the hearing has to do with
cross - connections and that all Board members should be familiar
with the draft of the local law and know exactly what cross - connections
are . Mr . Freeman asked what cross - connections are . Councilwoman
Raffensperger read from the draft of the local law . . " The term
' cross - connections ' as used in these regulations means any unprotected
connection between any part of a water system used or intended to
supply water for drinking purposes and any source or system containing
water or substance that is not or cannot be approved as equally safe ,
wholesome , and potable for human consumption . "
r"
TOWN OF ITHACA
SALARY PROPOSALS
7 / 1 / 79
1 / 1 / 78 1 / 1 / 79 7 / 1 / 79 PROPOSED
' CHANGE
( ANNUAL )
E . BERGEN 13 , 780 14 , 675 14 , 675 0
G . BERGEN 8 , 155 8 , 700 9 , 200 500
J . SWARTWOOD - - - 122000 12 , 000 0
C . NOYES - - - 8 , 500 8 , 800 300
C . SCHOFFNER 10 , 530 113350 12 , 500 13150
S . ALARIO - - - 7 , 750 8 , 500 750
L . FABBRONI 20 , 000 211400 21 , 400 0
N . FULLER 9 , 504 10 , 300 12 , 500 2 , 200
B . RESTAINO 6 , 000 ( PT ) 111000 13 , 000 21000 *
M . OCELLO 6 , 000 ( PT ) 111000 12 , 500 11500
R . PARKIN 14 , 500 15 , 450 15 , 450 0
R . BONNELL 10 , 700 11 , 350 112350 0
TOTAL CHANGE $ 8 , 400
6 MONTH EFFECT $ 42200
*PART TOWN
TOWN WIDE 3 , 200
PART TOWN 11000
4 , 200
i
TOWN OF ITHACA
SALARY RANGES
7 / 1 / 79
ADMINISTRATION
TOWN CLERK 122000 - 192000
ASS ' T BUDGET OFFICER 11 , 000 - 18 , 000
ACCOUNT CLERK 7 , 250 11 , 500
DEPUTY CLERK 8 , 500 - 13 , 500
ENGINEERING / ZONING / PLANNING
TOWN ENGINEER 18 , 500 - 28 , 000
i
SENIOR PLANNER/ ZONING OFFICER 13 , 000 - 20 , 000
JUNIOR ENGINEER 10 , 000 - 17 , 000
EXECUTIVE SECRETARY 110000 - 18 , 000
HIGHWAY SUPERINTENDENT 13 , 000 - 20 , 000
BUILDING INSPECTOR 92000 - 15 , 000
i
Town Board Minutes - 9 - July 9 , 1979
No persons appeared to speak for or against the adoption
of the proposed local law on cross - connections .
RESOLUTION NO . 133 , 1979
Motion by Councilman McElwee , seconded by Councilman Powers ,
RESOLVED , that no persons having appeared to speak for or against
the adoption of the proposed local law with respect to cross - connections ,
this hearing is hereby closed .
( Kugler , McElwee , Valentino , Raffensperger , Del Rosso , Powers and
Desch voting Aye . Nays - none )
RESOLUTION N0 . 134 , 1979
Motion by Councilman McElwee , seconded by Councilman Powers ,
BE IT ENACTED by the Town Board of the Town of Ithaca , as
follows :
LOCAL LAW NO . 3 , 1979
( See text annexed to these minutes )
( Kugler , McElwee , Valentino , Raffensperger , Del Rosso , Powers and
Desch voting Aye . Nays - none )
TOWN HALL REHABILITATION
Supervisor Desch recommended that this matter be referred
to an ad hoc Town Ball Rehabilitation Committee consisting of
- " Supervisor Desch , Councilmen Powers and McElwee .
TELEPHONE SYSTEMS
( Same as above )
EXECUTIVE SESSION
RESOLUTION NO . 135 , 1979
Motion by Supervisor Desch , seconded by Councilman Powers ,
RESOLVED , that this Board ' retire into executive session " for the
purpose of discussing matters which might lead to the appointment ,
employment , promotion , demotion , discipline , suspension , dismissal
or removal of any - person or corporation .
( Kugler , Valentino , Raffensperger , McElwee , Powers , Del Rosso ,
and Desch voting Aye . Nays - none )
After the executive session the Town Board duly reconvened
in open session and acted as follows :
RESOLUTION N09 1361 1979
Motion by Supervisor Desch , seconded by Councilwoman Raffensperger ,
RESOLVED , that the following salary schedule shall be effective
July 1 , 1979 :
( See schedule annexed to these minutes . )
( Kugler , Valentino , Raffensperger , Powers , McElwee , Del Rosso
and Desch voting Aye . Nays - none )
A LOCAL LAW FOR CROSS - CONNECTION CONTROL
ARTICLE 1 . PURPOSE
The purpose of these regulations is to safeguard potable
water supplies by preventing backflow into public water systems .
The regulations are to be reasonably interpreted . It is
_ the intent of these regulations to recognize that there are varying
degrees of hazard and to apply the principle that the degree of pro -
tection should be commensurate with the degree of hazard .
ARTICLE 2 . DEFINITIONS
1 . Cross - Connections . The term " cross - connection " as used
in these regulations means any unprotected connection between any
part of a water system used or intended to supply water for drinking
purposes and any source or system containing water or substance that
is not or cannot be approved as equally safe , wholesome , and potable
for human consumption .
2 . Approved Water Supply . The term " approved water supply "
means any water supply approved by the New York State Department of
Health .
3 . Auxiliary Supply . The term " auxiliary supply " means
any water supply on or available to the premises other than the
approved public water supply .
4 . Vacuum Breaker - Nonpressure Type . A vacuum breaker
which is designed so as not to be subjected to static line pressure .
5 . Vacuum Breaker - Pressure Type . A vacuum breaker designed
to operate under conditions of static line pressure .
6 . Barometric Loop . A loop of pipe rising approximately 35
feet , at its topmost point , above the highest fixture it supplies .
7 . Approved Check Valve . The term " approved check valve "
means a check valve that seats readily and completely . It -must be
carefully machined to have free moving parts and assured watertight -
ness . The face of the closure element and valve seat must be bronze
composition , or other non - corrodible material which will seat tightly
under all prevailing conditions of field use . Pins and bushings shall
, be of bronze or other non - corrodible , non - sticking material , machined
for easy , dependable operation . The closure element , e . g . clapper ,
shall be internally weighted or otherwise internally equipped to pro -
mote rapid and positive closure in all sizes where this feature is
obtainable .
8 . Approved Double Check Valve Assembly . The term " approved
double check valve assembly " means an assembly of at least two in -
dependently acting check valves , including tightly closing shutoff
valves on each side of the check valve assembly , and suitable leak -
detector drains plus connections. available for testing the watertight
ness of each check valve .
This device must be approved as a complete assembly .
9 . Approved Reduced Pressure Principle Backflow Prevention
Device . The term " approved reduced pressure principle backflow pre -
vention device " means a device incorporating two or more check valves
and an automatically operating differential relief valve located be -
tween the two checks , two shutoff valves , and equipped with necessary
appurtenances for testing . The device shall operate to maintain the
pressure in the zone between the two chLck valves , less than the pres -
sure on the public water supply side of the device . .
2 _
At cessation of normal flow , the pressure between check
valves shall be less than the supply pressure . In case of leakage
of either check valve , the differential relief valve shall operate
to maintain this reduced pressure by discharging to the atmosphere .
When the inlet pressure is two pounds per square inch or less , the
relief valve shall open to the - atmosphere , thereby providing an air
gap in the device . To be approved , these devices must be readily
accessible for maintenance and testing and installed in a location
where no part of the valve will be submerged . The enclosure must
be self - draining , so that the large amount of water which the relief
valve may vent will be disposed of reliably without submergence of
the relief valve .
This device must also be approved as a complete assembly .
10 . Air - Gap Separation . The term " air gap separation " means
a physical break between a supply pipe and a receiving vessel . The
air gap shall be at least double the diameter of the supply pipe ,
measured vertically above the top rim of the vessel , in no case less
than one inch .
11 . Water Supervisor . The term " water supervisor " means the
consumer or a person on the premises charged with the responsibility
of complete knowledge and understanding of the water supply piping
within the premises and for maintaining the consumer ' s water system
free from cross - connections and other sanitary defects , as required
by regulations and laws .
12 . Certified Backflow Prevention Device Tester - is a person
who is examined annually by the water purveyor , and found competent
for the testing of backflow prevention devices . He shall be provided
with an appropriate identification card which must be renewed annually .
Failure to perform . his duties competently and conscientiously will
result in prompt withdrawal of his certification .
ARTICLE 3 .
PROTECTION OF PUBLIC WATER SYSTEM AT SERVICE CONNECTION
Section I . Where Protection Is Required .
1 . Each- service connection from a public water system for
supplying water to premises having an auxiliary water supply
shall be protected against backflow of water from the premises
into the public water system , unless the auxiliary water supply
is approved as an additional source by the water purveyor and
is satisfactory to the public health agency having jurisdiction
with regard to quality and safety .
2 . Each service connection from a public water system for
supplying water to premises , on which any substance is handled
under pressure in such fashion as to permit entry into the
water system , shall be protected against backflow of the water
from the premises into the public system . This shall include
the handling of process waters and waters originating from the
public water supply system which may have been subject to de -
terioration in sanitary or chemical quality .
3 . Each service connection from a public water system for
supplying water to premises on which a substance of unusually
toxic concentration or danger to health is handled in liquid
form , even though it is not under pressure , shall be protected
against backflow of the water from premises into, the public
system . Examples are plating factories , using cyanide and
hospitals . This is not intended to apply to normal household
installations .
- 3 -
4 . Backflow prevention devices shall be installed on the
service connection to any premises that have internal cross
-
connections , unless such cross - connections are abated to the
satisfaction of the water purveyor .
It shall be the responsibility of the water user to provide
and maintain these protective devices , and each one must be
of a type acceptable to the State Health Department .
i
Section II . Type of Protection . The protective device required shall i
depend on the degree of hazard as tabulated below :
1 . At the service connection to any premises where there
is an auxiliary water supply handled in a separate piping
system with no known cross - connection , the public water supply
shall be protected by an approved double check valve assembly .
2 . At the service connection on any premise on which there
is an auxiliary water supply where cross - connections are known
to exist which cannot be presently eliminated , the public water
supply system shall be protected by an air gap separation or ;
an approved reduced pressure principle backflow prevention
device .
3 . At the service connection to any premise on which a sub-
stance that would be objectionable ( but not necessarily hazard -
ous to health if introduced into the public water supply ) is
handled so as to constitute a cross - connection , the public
water supply shall be protected by an approved double check
valve assembly . j
4 . At the service connection to any premise on which a sub -
stance of unusual toxic concentration or danger to health is
or maybe handleds but not under pressure , the public water
- supply shall be protected by an air gap separation or an
approved reduced pressure principle backflow prevention device .
This device shall be located as close as practicable to the
water meter , and all piping between the water meter and receiv -
ing tanks shall be entirely visible .
5 . At the service connection to any premise on which any
material dangerous to health , or toxic substance in toxic
concentration , is or may be handled under pressure , the pub -
lic water supply shall be protected by an air gap separation .
The air gap shall be located as close as practicable to the
water meter , . and all piping between the water meter and receiv -
ing tanks shall be entirely visible . If these conditions cannot
reasonably be met , the public water supply shall be protected
with an approved reduced pressure principle backflow prevention
device , providing the alternative is acceptable to the water
purveyor .
6 . At the service connection to any sewage treatment plant
or sewage pumping _ station , the public water supply shall be
protected by an air gap separation . The air gap shall be
located as close as practicable to the water meter and all
piping between the water meter and receiving tanks shall be
entirely visible . If these conditions cannot be reasonably
met , the public water supply shall be protected with an approved
reduced pressure principle backflow prevention device .
i
4 -
Section III . Frequency of Inspection of Protective Devices .
It shall be the duty of the water user on any premises on
account of which backflow protective devices are installed ,
to have competent inspections made at least once a year , or
more often in those instances where successive inspections
indicate repeated failure . These devices shall be repaired ,
_ overhauled or replaced at the expense of the water user when -
ever they are found to be defective . These tests shall be
performed by a qualified backflow prevention device tester ,
and all test results will be provided to the water purveyor
within 72 hours after the test is made .
Records of such tests , repairs , and overhaul shall also
be kept and made vailable to the water purveyor and the
local health department upon request .
ARTICLE 4
PROTECTION OF POTABLE WATER SYSTEM WITHIN PREMISES
Section I . Separate Drinking Water Systems .
Whenever the plumbing inspector determines that it is not
practical to protect drinking water systems on premises
against entry of water from a source or piping system or
equipment that cannot be approved as safe or potable for
human use , an entirely separate drinking water system shall
be installed to supply water at points convenient for con -
sumers .
Section II . Fire Systems .
Water systems for fighting fire , derived from a supply that
cannot be approved as . safe or potable for human use shall ,
wherever practicable , be kept wholly separate from drink -
ing water pipelines and equipment . In cases where the
domestic water system is used for both drinking and fire -
fighting purposes , approved backflow prevention devices
shall be installed to protect such individual drinking water
lines as are not used for fire - fighting purposes . Any
auxiliary fire - fighting water supply which is not approved
for potable purposes , but which is so connected that it may
be introduced into potable water piping during an emergency ,
shall be equipped with an approved automatic chlorination
machine . It . is hereby declared that it is the responsibility
of the person or persons causing the introduction of said un -
approved or unsafe water into the pipelines to see : ( 1 ) that
a procedure be developed and carried out to notify and pro -
tect users of this piping system during the emergency ( 2 )
that special precautions be taken to . disinfect thoroughly
and flush out all pipelines which may become contaminated
before they are again used to furnish drinking water . In
the event the means of protection of water consumers is by
disinfection of the auxiliary fire - fighting supply , the in -
stallation and its use shall be thoroughly reliable .
The public water supply must be protected against backflow
from such dual domestic fire systems , as detailed in Article 3 .
Section III . Process Waters .
Potable water pipelines connected to equipment for industrial
processes or operations shall be protected by a suitable back-
flow prevention device locate& .,beyond the last point from
which drinking water may be taken , which device shall be
provided on the feed line to process piping or equipment .
. f
- 5 -
In the event the particular process liquid is especially
corrosive or apt to . prevent reliable action of the backflow
prevention device , air gap separation shall be provided .
These devices shall be tested by the water user at least
once a year ; or more often in . those instances where succes -
sive inspections indicate repeated failure . The devices
shall be repaired , overhauled or replaced whenever they are
found to be defective . These tests must be performed by a
qualified backflow prevention device tester and records of
tests , repairs , and replacement shall be kept and made avail -
able to the water purveyor and the health department upon
request .
Section IV . Sewage Treatment Plants and Pumping Stations .
Sewage pumps . shall not have priming connections directly
off any drinking water systems . No connections shall exist
between the drinking water system and any other piping , equip -
ment , or tank in any sewage treatment plant or sewage pumping
station .
Section V . Plumbing Connections .
Where the circumstances are such that there is special
danger to health by the backflow of sewage , as from sewers ,
toilets , hospital bedpans and the like , into a drinking water
system , a dependable device or devices shall be installed to
prevent such backflow .
The purpose of these regulations is not to transcend- local
plumbing regulations but only to deal with those extraordinary
situations where sewage may be forced or drawn into the drink -
ing water piping . These regulations do not attempt to elimi -
nate at this time the hazards of back - siphonage through flusho -
meter valves . - on all toilets , but deal with those situations
where the likelihood of vacuum conditions in the drinking
water system is definite and there is special danger to health .
Devices suited to the purpose . of avoiding back - siphonage from
plumbing fixtures are roof tanks , barometric loops or separate
pressure systems separately piped to supply such fixtures ,
recognized approved vacuum or siphon breaker and other back-
flow protective devices which have been proved by appropriate j
tests to be dependable for destroying the vacuum .
Inasmuch as many of serious hazards of this kind are due
to water supply piping which is too small , thereby causing
vacuum conditions when fixtures are flushed or water is drawn
from the system in other ways , it is recommended that water
supply piping that is . too small be enlarged whenever possible .
Section VI . Pier and Dock Hydrants .
Backflow protection by a suitable backflow prevention device
shall be. provided . on each drinking water pierhead outlet
used for supplying vessels at piers or waterfronts . These
assemblies must be located where they will prevent the return
of any water from the vessel into the drinking water pipeline
or into another adjacent vessel . This will prevent such prac -
tices as connecting the ship fire -pumping or sanitary pumping
system with a dock hydrant and thereby pumping contaminated
water into the drinking water system , and thence - to adjacent
vessels or back into the public mains .
I '
i
' � I
6 -
Section VII . Marking Safe and Unsafe Water Lines .
Where the premises contain dual or multiple water systems
and piping , the exposed portions of pipelines shall be
painted , banded or marked at sufficient intervals to
distinguish clearly which water is safe and which is not
safe . All outlets from secondary or other potentially con -
taminated systems shall be posted as being contaminated and
unsafe for drinking purposes . All outlets intended for drink-
ing purposes shall be plainly marked to indicate that fact .
Water Supervisor . The health department and the water pur
veyor shall ' be kept informed of the identity of the person
responsible for the water piping on all premises concerned
with these regulations . At each premise where it is neces -
sary in - the opinion of the water purveyor , a water supervisor
shall be designated . This water supervisor shall be responsible
for the installation and use of pipelines and equipment and
for the avoidance of cross - connections .
In the event of contamination or pollution of the drinking
water system due to a cross - connection on the premises , the
local health officer and water purveyor shall be promptly
advised by the person responsible for the water system so
that appropriate measures may be taken to overcome the con -
tamination .
ARTICLE 5
RECOURSE FOR NON -COMPLIANCE
I
Section I .
No water service connection to any premises shall be in -
stalled or maintained by the water purveyor , unless the
water supply is protected as required by state regulations
and this rule .
Section II .
Service - of water to any premises may be discontinued by
the water purveyor , if a backflow preventive device required
by this rule and regulation is not installed , tested , and
maintained ; if any defect is found in an installed backflow
preventive device ; if it is found that a backflow preventive
device has been removed or bypassed ; if unprotected cross -
connections exist on the premises , and sern•ice will not be
restored until such conditions or defects are corrected .
ARTICLE • •6 - -
EFFECTIVE DATE
This local law shall take effect immediately .
Town Board Minutes - 10 - July 9 , 1979
SALARY RANGES
RESOLUTION N09 137 , 1979
Motion by Supervisor Desch ; seconded by Councilman Powers ,
RESOLVED , that the following schedule of salary ranges and categories
V
s hereby approved effective January 1 , 1980 :
( See schedule annexed to these minutes . )
( Kugler , Del Rosso , Valentino , Raffensperger , McElwee , Powers
and Desch voting Aye . Nays - none )
BOLTON POINT WARRANTS
RESOLUTION NO . 138 , 1979
Motion by Supervisor Desch ; seconded by Councilman McElwee ,
RESOLVED , that this Board , upon the recommendation of the Southern
Cayuga Lake Intermunicipal Water Commission that they are in order
for payment , and after review of same , hereby approves the Bolton
Point warrants dated July 9 , 1979 in the amount of $ 43 , 985 . 66 in
the Operating Account .
( Kugler , McElwee , Del Rosso , Valentino , Raffensperger , Powers ,
and Desch voting Aye . Nays - none )
TOWN OF ITHACA WARRANTS
RESOLUTION NO . 139 , 1979
Motion by Councilman Del Rosso ; seconded by Councilman Powers ,
RESOLVED , that the Town of Ithaca warrants dated July 9 , 1979 , in
the following amounts , are hereby approved :
General Fund - Town -wide . . . . . . . . . . . . $ 25 , 770 . 10
General Fund - Outside Village 0000 . 125 , 436 . 87
Highway Fund . . . . . . . . . . . . . . . . . . . . . . . 26 , 584 . 27
Water and Sewer Fund . . . . . . . . . . . . . . . 46 , 609 . 07
Fire Protection . . . . . . . . . . . . . . . . . . . . . 83 , 200 . 00
Lighting Districts . . . . . . . . . . . . . . . . . - 192 . 80
Capital Sewer . . . . . . . . . . . . . . . . . . . . . . 17 , 925 . 98
Parks . 0 . 000 . . . . . . . . . . . . . . . . . . . . . . . . 5 , 022 . 26
( Kugler , McElwee , Valentino , Raffensperger , Powers , Del Rosso ,
and Desch voting Aye . Nays - none )
ADJOURNMENT
The meeting was duly adjourned at 8 : 37 p . m .
Ewa L . Bergen
Town Clerk