HomeMy WebLinkAboutTB Minutes 1972-07-10(*tn
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TOWN OP ITHACA
REGULAR BOARD MEETING
July 10, 1972 ^
At a regular meeting of the Town Board of the Town of Ithaca, Tompkins
County, New York, held at the Town of Ithaca Offices at 108 East
Green Street, Ithaca, New York, on the 10th day of July, 1972, at
5:00 p,m, there were ^
PRESENT: Walter J. Schwan, Supervisor
Andrew W. McElwee, Councilman
Noel Desch, Councilman
-Victor Del Rosso, Councilman
Robert N. Powers, Councilman
ALSO PRESENT: James V# Buyoucos, Town Attorney
Mrs, Barbara Holcomb, Chairman, Planning Boarcl
Marion Morey, Highway Superintendent
Reynolds Metz, Assistant Zoning Officer
Hugh (Sam) MacNeil, County Representative
Arthur L. Berkey
Members of Radio, TV, and Press
Supervisor Schwan called the meeting to order at 5:15
APPROVAL OF MINUTES
Motion by Supervisor Schwan; seconded by Councilman Desch,
RESOLVED, that the minutes of the meetings of June 5, 12, and I9
be approved as presented.
Unanimously carried.
REPORTS OF TOWN OFFICIALS
Barbara Holcomb, Chairman, Planning Board, reported that she had in
hand petitions from residents of Hasbrouck Apartments requesting a
reduction of the speed limit along Pleasant Grove Road from the
Cayuga Heights Village line to the intersection with Route 392 in
Forest Home from 55 miles per hour to 30 miles per hour. She noted
that Pleasant Grove Road is a County road. Mrs. Holcomb stated that
the recommendation of the Planning Board is that the Town take what
ever steps are necessary to effect this reduction.
Parenthetically, Walter Schwan noted that the Town has made requests
from time to time to the State Department of Transportation for a
reduction in speed limits in various parts of the Town. O.'hese re
quests go through the County Highway Superintendent and ho makes
recommendations to the Department of Transportation. The Countj'
Highway Superintendent has been asked to furnish the Town with a
copy of his recommendations but has been unwilling to do so„ Mr.
MacNeil, County Representative, said he had information that the
County Highway Superintendent was preparing some material for the
Town Board which would be self-explanatory in this regard. He said
he would also talk to Mr. Stevenson about this matter and relay to
the Board whatever he might learn.
Councilman Desch asked Mr, MacNeil if there is a construction schedule
with regard to the Forest Home bridges. He asked if this was a fill
in job and whether they were doing it with their own crews. Mr,
MacNeil thought they were doing it with their own crews but that he
would look into it.
Mr. MacNeil reported that on July 7th, 1972 there was a meeting of
the Fire and Disaster Coordinator, Mr. John Miller, with Town Super
visors and Town Highway Superintendents and others. It developed at
this meeting that if the Town had suffered any damage at all as a
result of the recent flooding it should list same on a form provided
by the office of the Fire and Disaster Coordinator. They recommended
(1) that the locations of the damage should be set out very specific
ally, (2) that a complete description of the damage should be fur
nished, and (3) an estimate of the cost be furnished. This informa
tion should be forwarded to Mr. John Miller. It appears that the
Town may be reimbursed for damages already repaired by the Town,
repairs contracted for, and repairs to be made in the future, if all
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- 2 - July 10, 1972
damages and costs are justlfiedj the Town will be reimbursed 1005^ In
such case.
Mr. Morey, Town Highway Superintendent, was instructed to have the
form filled out with the necessary information and see that it is for
warded to Mr, Miller,
Returning to the recommendation of the Planning Board for lowered
speed limit on Pleasant Grove Road, the Town Board moved as follows:
Motion by douncilman Desch; seconded by Supiervisor Schwan,
RESOLVED, that the Town of Ithaca request that the Department of
Transportation reduce the speed limit on Pleasant Grove Road from
the Village line of the Village of Cayuga Heights to Route 392 in
Forest Home frbm 55 miles per hour to 30 miles per hour.
Unanimously carried.
PUBLIC HEARING ON ORDINANCES ESTABLISHING
WATER AND SEWER SURCHARGES , , ' '
Proof of posting end pub![.ication having been presented. Supervisor
Schwan opened the'hberingjpn the proposed ordinances providing for
the institution, ;A.dtilinisti*ation and collection of water rates, pur-
suarlt to Article 12-C of the Town Law and the establishment of sewer
rents, sewer rent funds pursuant tP Article 12-C of the Town Law and
Article l4-P of the General Municipal Law,
(It was noted at this time that Arthur L, Berkey was operating a tape
recorder and several members of the Board objected to its use, Mr,
Berkey asked the Board as a group to take a position on this matter.
Councilman Del Rosso said it was established Board policy, Mr, Berkey
asked if the prohibition extended to newspaper people. Newspaper
people present indicated that they did not tape the Board meetings^
Mr, Berkey asked the Board for its objections. Councilman Powers said
one reason was that on tape things can be recorded and reproduced
later out of context which might make it appear that certain things
were said that were not said. Councilman Desch noted that the Town
Board has an official recorder whose duty it is to record the pro
ceedings and that the recorded minutes are available upon request.
Mr, Berkey said that from time to time there were certain omissions
and that is luliy he wanted to use the tape recorder,. Mr, Berkey, how
ever, did not insist on using the tape recorder,)
Discussion with respect tc the water and surcharge ordinances
resumed. It was brought out in the discussion that the bill for
the surcharge would be mailed to the person In whose name the water
meter is registeredc The person so addressed may or may not be the
owner, A problem arose in that the owner of a property (who would
ultimately be responsible for payment) might not know a bill had been
rendered and remained unpaid. Attorney Buyoucos suggested, therefore,
that owners should be advised in some way of such a possibility, since
ultimately unpaid bills would become a charge on their tax bill and
a lien on their property. (It was suggested that some kind of flyer
be used to advise landlords of their ultimate responsibility.)
Upon questioning by Mr, Berkey, Supervisor Schwan indicated that it
was estimated that the annual cost of water repairs was between
$29,000 and $32,000. Basically this is for electricity to run the
pumps, and for the rent of telephone lines for telemetering signals.
It also includes what the Town must pay the City of Ithaca for fire
hydrants. It does not include sandblasting of standpipes, which
would come under capital improvements and the cost of which could be
derived from benefit income. Annual sewer charges were estimated at
$2,000. The total value of water sold to the Town by the City last
year was about $24-3,000. 15^ of this figures to something over
$36,000.. Mr. Berkey wondered why the Town, then, was attempting to
collect $36,000 rather than $33,000 or $34,000. Supervisor Schwan
indicated that at the time the estimates were made it appeared a 159^
surcharge would provide the needed revenue. He said if it turns out
that 155^ is too high, it can be lowered. One of the reasons for
estimating on the high side is that the money will be collected six
months after it is spent.
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- 3. - July 10, 1972
Mr. Berkey contended that at the time of dissolution of the water and
sewer districts there was talk of a 15^ water surcharge but no mention
was made of a 2^ sewer surcharge. Councilman Powers said that in
general the 15^ was thought of as an average figure representing an
approximation of what would be required. Some of the Board members
felt that the sewer surcharge had been mentioned sometime during the
proceedings with regard to dissolution, /l^ote: A 1^ sewer surcharge
IS referred to on page l4 of the minutes of May 10, 1971, as part of
the record of the public hearing on dissolution of the water and sewer
districts^jV
A question by Mr, Berkey elicited the information that the average
water bill in the Town of Ithaca semi-annually is $30.00, Mr, Berkey
pointed out that in view of the provision in the ordinance that calls
surcharge of $1.00^ most people would be paying about
a 3^ sewer surcharge rather than 2$^* • The Board as a whole was in
clined to hold to the $1,00 minimum charge and did not feel it would
be a hardship on anyone. Town Attofriey Buyoucos recommended that the
ordinances be passed as presented and if after some actual experience
it turned out to be unfair, the ordinances could be amended or the
schedule revised.
Referring to section (b)(2) in Schedule "A" (Schedule of Sewer Rents
and Charges), Mr, Berkey ksked how the Board could "equitably deter
mine the average amount of water use since he felt this would vary
considerably. Supervisor Schwan said a Study of the records indicated
that $60,00 a year was the approximate average water charge. Council
man Powers said, however, he felt it would be necessary to retain the
phrase determine equitably" since one might be dealing with a shopping
center, a gas station, or the like, in which case it would be necessary
to make a determination. Upon question from Mr, Berkey it was agreed
that under changing circumstances the surcharge could be reduced, Mr,
Del Rosso noted on the other hand, that under certain circumstances
it might have to be increased, Mr, Buyoucos said it was simply a
matter of having to raise a certain given number of dollars. Super
visor Schwan pointed out that it was not the intent of the Board to
raise more money than required,
Mr. Berkey said he was bothered by the section of the proposed ordi
nances relating to penalties for non-payment after a certain number
of days from the date of mailing. Mr. Buyoucos suggested that the date
of mailing be stamped on the bills which the Town will send out, Mr,
Berkey agreed this would be fine if the stamping date and the mailing
date are actually one and the same. The stamped (mailing date) would
govern with respect to the assessment of penalties.
Councilman McElwee suggested that the section with regard to $20,00
charge for disconnection or reconnection of meters be made a part of
Schedule A in each ordinance, rather than a part of the body of the
ordinance. The Board agreed to this change.
Mr. Berkey asked the Board how it arrived at the $20,00 charge. He
felt it was excessive and asked the Board what criteria were used in
determining this figure. Supervisor Schwan said it was based generally
on manpower and expense. Councilman Powers said it was an estimate
and that considerable time was spent in meetings to arrive at what was
considered a fair charge. Supervisor Schwan indicated that such a
disconnection or reconnection would require a man and a truck and in
many cases more than one trip, and possibly some telephone calls would
be required to arrange for entry into some premises. Mr, Berkey per
sisted in asking how the figure was arrived at, saying he had to assume
it was an estimate. He felt that the Board had presented no hard facts
and was operating by the "seat of your pants", that this was a money-
making proposition and not a service to the Town, The Board as a whole
reiterated that they felt that the $20.00 charge proposed is a very
reasonable estimate. Attorney Buyoucos said that the Board should
give consideration to Mr, Berkey*s concerns with regard to what the
actual average cost is. Mr. Powers said that, with some experience,
the Town would be building up some very specific records regarding
picking up and delivering meters, and that adjustments could be made
- 4 - July 10, 1972
if it turned out that the $20.00 charge was out of line. Mr. Berkey
asked if these ordinances were subject to permissive referendum. Mr.
Buyoucos said it was his opinion that they were not.
No other persons wishing to be heard. Supervisor Schwan closed the
hearing and called for a motion with respect -ko the two proposed ordi
nances.
Motion by Supervisor Schwan; seconded by Councilman Desch;
RESOLVED, that the Town of Ithaca adopt an ordinance providing for
the institution, administration, and collection of water i^ates pursu
ant to Article 12-C of the Town Law, as follows:
BE IT ORDAINED AS FOLLOWS:
SECTION 1. The term "Water Rate" shall mean the rent, rate or
charge imposed or levied by the Town of Ithaca, New York, or by any
contracting municipality (now City of Ithaca, New York) for the use of
water through the municipal water system^
i ^
SECTION 2. The term "municipal water system", aldb referred to
herein as "water system" shall mean the water system owhed, and oper
ated by the Town of Ithaca and shall include all reservoirfe, pipes
and all other appurtenances which are used or useful ih whole or in
part for the collection, impounding or distribution of watbr. The
term "contracting municipality" shall mean the City of Ithaca or any
other municipality, public authority, or public agency, with whom the
Town contracts to receive a supply of water.
SECTION 3. All revenues imposed hereunder, together with all
interest and penalties thereon, shall be kept in a separate fund to be
known as the Water Rate Fund to be used for the service rendered by
the municipal water system and for the construction, operation, main
tenance and repair of said system.
SECTION 4. For the use of water and for the purposes herein set
forth, the scale of water rates as set forth in Schedule "A" herein
after appended hereto and made a part hereof is hereby established and
imposed.
SECTION (A) All water rates and charges due hereunder shall
be paid to the Town Clerk of the Town of Ithaca at the Town Offices at
108 East Green Street, Ithaca, New York, except for such rates and
charges which are due and payable to any contracting municipality under
agreement with the Town of Ithaca.
(B) The Town Clerk or other person authorized by the
Town Board shall keep a record of all properties within the Town of
Ithaca which are connected to the municipal water system and the
municipal sewer system, and bills shall be mailed to the owner or any
other person to whom a water bill is addressed, billed, or mailed by
the contracting municipality, and at the address appearing on said
bill. The failure of any owner or other user to receive a bill shall
not excuse non-payment thereof, nor shall it operate as a waiver of
the penalty herein prescribed. Notwithstanding any other provision
id this ordinance, all water rates, surcharges, or other fees or
charges relating to water service, shall be a charge against the
owner of the premises connected with the municipal water system, and
such owner shall be liable for the payment of all such rates and
charges, including penalties and interest.
(C) If rates or charges are not paid within 6o days
from the date on which they are due, the Town Supervisor or other per
son designated by him may cause a notice to be delivered or mailed to
the owner or to any other person designated by the owner addressed to
the address to which bills are to be sent, and to the occupant of the
premises, addressed at the premises, stating the amount due and demand
ing payment thereof within a period of at least 10 days of the date
of the notice and stating that if such payment is not made, the water
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- 5 July 10, 1972
service shall be discontinued, without further notice, and, at the
expiration of such period the Town Supervisor, or any employee or
officer of the Town designated by him, or the Town Board, or any
employee of any contracting municipality, may enter on said premises
and cause the water service to be disconnected.
(D) Water rates and surcharges thereto shkll con
stitute a lien on the real property served by the water system. The
priority of such lien, and the enforcement and collection thereof and
of such rates and charges shall be in accordance with paragraph (d)
of subdivision 3 of Section 198 of th6 Town Law and in accordance with
all other provisions of the Town Law arid tax law of the State of New
York notinconsistent with the said paragraph, subdivision and section.
(E) The Town may bring an action (a) as upon con
tract for water rates, surcharges thereto, and all other charges in
curred by the owner of the property in connection with water service,
which are in arrears, together with interest and penalties thereon;
(b) to foreclose liens for water rates and surcharges; (c) in addition,
all such unpaid charges, ratfes ahd fees shall fee collected and enforced
as provided for in paragraph (d) of subdivision three of Section 198
of the Town Law.
SECTION 6. Any costs ahd expenses or other charges other than
those hereinbefore described, incurred by the Town because of any
repair or other work to the water system or otherwisfe for which the
owner of any property served by or connected With the water system is
obligated under this ordinance pr any other ordinance, statute or
provision of law, shall be collected in the manner provided for the
collection of water rates in this ordinance, ahd shall be a lien upon
the property and bnforeceable in hccordarice with the provisions of
this ordinance, or any other applicable provision of law.
SECTION 7. Any duly authorized officer, employee, contractor,
or agent of the Town or other person duly authorized by the Town
Supervisor shall be permitted to enter on any property at reasonable
hours for the purpose of reading meters, inspecting, disconnecting,
repairing or for any other purposes reasonably necessary to carry out
the provisions or purposes of this ordinance.
SECTION 8. The invalidity of any section, clause, sentence or
provision of this ordinance shall not affect the validity of any
other part thereof which can be given effect without such invalid part
or parts.
SECTION 9* Each.property owner shall comply with all laws,
ordinances, rules, and regulations of (a) any contracting municipality
(now City of Ithaca) pertaining to and applicable to users of water
supplied by the City of Ithaca and (b) of the Town of Ithaca.
SECTION 10. No person, association, corporation or any other
groups of persons shall connect with or use the Town water system
without applying for and obtaining a permit from the Town Clerk or
other person designated by the Town Board. No such permit shall be
granted unless a valid building permit has been granted for the erec
tion of any structure for which the water connection is sought.
SECTION 11. The penalty for the violation of each and every
separate violation of the provisions of Sections 9 10 of this
ordinance, shall be a fine not exceeding $100.00 for each such
separate violation of the provisions of said sections. In addition,
each violation of the provisions of said sections shall constitute
disorderly conduct, and the person committing each such violation
shall be a disorderly person, and upon being convicted of being such
a disorderly person, may be imprisoned for a period not exceeding 30
days.
SECTION 12. This ordinance shall take effect immediately upon
adoption, publication and posting as required by law.
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- 6 - July 10, 1972
SCHEDULE "A"
Schedule of Water Rates and Charges
1. Charges due to Contracting Municipalities (now City of Ithaca).
A. The City of Ithaca is now providing water to the Town of
Ithaca pursuant to contracts and agreements entered into between
the said City and Town. Each owner of property connected to the
municipal system shall pay when due all water rates and other charges
to the appropriate contracting municipality furnishing such service
in the amount for which he is billed, including all penalties and
interest,
1. If any person shall fail to pay any vjater rate or other
charges when due to the contracting municipality, and the Town of
Ithaca makes the payment thereof, or becomes obligated for the payment
thereof, to the contracting municipality pursuant to the terms of any
agreement entered into between the Town and the said contracting muni
cipality, or as may be required by law, then, in any such event, all
such water rates or other charges so paid, or which the Town is obli
gated to pay, shall be deemed to be unpaid water rates for the purpose
of this ordinance, and shall be deemed to be a lien and collectible
and enforceable in accordance with the provisions of this ordinance.
2. In addition to the rates and charges payable to the
contracting municipality, there is also imposed an additional charge
or surcharge upon said rates to be known as water rate surcharge as
follows:
(a) The surcharge shall be paid by consumers connec
ted to the Town municipal water system*
(b) The surcharge shall be 15^ of the net water bill
payable by each consumer to the contracting municipality (now City
of Ithaca) for the six months period preceding July 1 and January 1
of each year, but such surcharge shall not be less than the sum of
$1.00, for each six month period.
(c) Bills for the water rate surcharge shall be mailed
semi-annually by the 15th day of January and July of each year or
within twenty days of the date of mailing of water bills by any con
tracting municipality (now City of Ithaca), whichever is the later
date. The date on each bill shall also be deemed to be the date of
mailing.
(d) The water rate surcharge will be a net charge
due and payable on or before the first day of August and February of
each year, or not later than 16 days after the date of mailing of the
bill, whichever is the later date; if such charge is not paid on or
before said dates, a penalty shall be added thereto in the amount of
59^ of said bill if payment is made within 30 days of the due date of
said bill, or 10^ of said bill if payment is made after 30 days from
the due date of said bill.
3. The rents and rates herein provided for shall apply
for the period beginning January 1, 1972.
2. Charges due to Town for disconnecting and reconnecting. In
addition to any charge due to the contracting municipality, there
shall also be due to the Town a charge of $20.00 for .discohhegting and a
charge of $20.00 for reconnecting such water service, which shall be
made and shall be enforceable in the same manner as water rates.
Unanimously carried.
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Motion by Supervisor Schwan; seconded by Councilman Powers,
RESOLVED, that the Town of Ithaca adopt an ordinance providing for
the establishment of sewer rents, sewer rent funds pursuant to
Article 12-C of the Town Law and Article l4-.p of the General Munici
pal Law, as follows:
WHEREAS the Town of Ithaca.has constructed a public sewer system
and may hereafter construct additions and extensions thereto and has
entered into and may hereafter enter into agreements with the Village
of Cayuga Heights, the City of Ithaca, or any other municipality,
public authority, or public agency, all herein referred to as "con
tracting municipality*, for the receipt and treatment of sewage wastes
and materials:
ROW, THEREFORE, BE IT ORDAINED by the Town Board of the Town of
Ithaca as follows:
SECTION 1. Use and ^lyose* The design of the sewer system is
based on the collection of domestic sewage only and the approval of
the New York Department of Health was given for the construction and
use of sewers for this purpose only. No connection will be permitted
to be made to the sanitary sewer system which carries or delivers any
substance or material other than domestic sewage. Domestic sewage
consists of the solid and liquid wastes from toilets, sinks, laundry
tubs and washers, both public and,private, automobile washing sta
tions, cleaning or dyeing works, laundries and similar establishments,
bathtubs, shower baths, or equivalent plumbing fixtures. The drain
age or flow from roofs, cellars, yards, springs, wells, swimming
pools, foundation drains, roadways, or similar water drainage, is not
domestic Sewage and the draining thereof into the sanitary sewer
system is prohibited.
SECTION 2. Any revenues derived by the Town of Ithaca from the
sewer rents, including penalties and interest, shall be deposited 3n
a special fund to be known as the "Sewer Rent Fund". Monies in such
fund shall be used for the payment of the necessary management, main
tenance, operation and repair (herein also referred to collectively
as "Sewer Operations") of any sewer improvement or service provided
by the Town or any sewer district, including any payment required to
be made by the Town to any contracting municipality for such purposes,
including interest and penalties. Except as otherwise stated in this
ordinance, at any time, any surcharges on said sewer rents shall be
used for the costs of sewer operations as above defined and shall be
specifically designated for such purpose in the Sewer Rent Fund.
SECTION 3. The sewer rents hereby established and imposed, and
the basis therefor, are set forth in Schedule "A" annexed hereto and
made a part hereof. The term sewer rent shall be deemed to be as
defined in Article l4-F of the General Municipal law.
SECTION 4. Sewer rents, surcharges on said rents, service fees,
rental fees, and all other accounts relating to sewer service, either
as defined herein, or any other law, will be billed and payable in
accordance with, and at such times provided for in Schedule "A"
annexed hereto and made a part hereof,
SECTION 5. (A) All rents and charges due hereunder shall be
paid to the Town Clerk of the Town of Ithaca at the Town Offices at
108 East Green Street, Ithaca, New York, except for such rents and
charges which are due and payable to any contracting municipality
under agreement with the Town of Ithaca,
(B) The Town Clerk or other person authorized by
the Town Board shall keep a record of all properties within the Town
of Ithaca which are connected to the municipal water system and the
municipal sewer system, and bills shall be mailed to the owner or
any other person to whom a water bill is addressed, billed, or mailed
by the contracting municipality, and at the address appearing on said
bill. The failure of any owner or other user to receive a bill shall
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- 8 - July 10, 1972
not excuse non-payment thereof, nor shall it operate as a waiver of
the penalty herein prescribed. Notwithstanding any other provision
in this Ordinance, all sewer rents, surcharges or other fees or
charges relating ,to sewer service, shall be a charge against the
owner of the premises connected with the municipal sewer system, and
such owner shall be liable for the payment of all such rents and
charges, including penalties and interest.
(C) If rents or charges are not paid within 60 days
irom the date on which they are due, the Town Supervisor or other per
son designated by him may cause a notice to be delivered or mailed to
the owner or to any other person designated by the owner addressed to
the address to which bills are to be sent, and to the occupant of the
premises, addressed at the premises, stating the amount due and demand
ing payment thereof within a period of at least 10 days of the date of
the notice and stating that if such payment is not made, the sewer
service shall be discontinued,.without further notice, and, at the
expiration of such period the Town Supervisor, or any employee or
officer of the Town designated by him, or the Town Board, or any
employee of any contracting municipality, may enter on said premises
and cause the sewer service to be disconnected.
, (I^) Sewer rants and surcharges thereto shall constitute a lien on the real property served by the sewer system. The
priority of such lien, and the enforcement thereof shall be in accord-
with Article l4-P of the General Municipal Law which now provides
that the lien shall be prior and siiperior to every other lien or claim
except the lien of an existing tax, assessment or other lawful charge
enforced by or for the State or a political subdivision or district
thereof,
i
(E) The Town may bring an action (a) as upon con
tract, for sewer r^nts, 'Surcharges thereto, and all other charges in
curred by the owner of pi^opertj^ in connection with sewer service, "
arrears, together with interest and penalties thereon, or
(b) to foreclose liens for such sewer rents and surcharges. Also, in
the alternative, the Toi'^n Board may cause any unpaid sewer rents, sur
charges, or other charges to be levied and collected in the same
manner and in the same time as the Town and County Tax in accordance
with the provisions of Article l4-P (subdivision 4 of Section 452) of
the General Municipal Law, or any amendment thereof.
SECTION 6. Any costs and expenses or other charges other than
those hereinbefore described, incurred by the Town because of any
repair or other work to the sewer system or otherwise for which the
owner of any property served by or connected with the sewer system is
obligated under this ordinance or any other ordinance, statute or pro
vision of law, shall be collected in the manner provided for the col
lection of sewer rents in this ordinance, and shall be a lien upon the
property and enforceable in accordance with the provisions of this
ordinance, or any other applicable provision of law,
SECTION 7. Any duly authorized officer, employee, contractor,
or agent of the Town or other person duly authorized by the Town
Supervisor shall be permitted to enter on any property at reasonable
hours for the purpose of reading meters, inspecting, disconnecting,
repairing or for any other purposes reasonably necessary to carry out
the provisions or purposes of this ordinance,
SECTION 8. The invalidity of any section, clause, sentence or
provision of this ordinance shall not affect the validity of any other
part thereof which can be given effect without such invalid part or
parts.
SECTION 9. This ordinance shall be deemed to be amendment of
the ordinance entitled "An Ordinance Establishing and Imposing Sewer
Rents Pursuant to Article l4-P of the General Municipal Law",
adopted by the Town Board on August 11, 19^9> which shall continue
in effect for the purpose of continuing any obligation or liability
for the payment of sewer rents or other charges incurred by any owner
of property or other person charged with such obligation or liability
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- 9 - July 10, 1972
for the payment of such charges or for the enforcement or collection
of such charges under said prior ordinance,
SECTION 10. This ordinance shall take effect immediately upon
adoption, publication and posting as required by law.
SCHEDULE "A"
Schedule of Sewer Rents and Charges
1. Charges due to Contracting Municipalities (now City of Ithdca and
Village of Cayuga Heights).
A. Sewer collection and treatment service is now being pro
vided to the Town by the City of Ithaca and the Village of Cayuga
Heights. Each owner of property connected to the municipal system
shall pay when due all sewer rents and other charges to the appropriate
contracting municipality furnishing such service in the amount for
which he is billed, including all penalties and interest.
1. If any person shall fail to pay any sewer rent or
other charges when due to the contracting municipalitir> and the Town
of Ithaca makes the payment thereof, or becomes obligated for the
payment thereof, to the contracting municipality pursuant to the terms
of any agreement entered into between the Town and the said contract
ing municipality, or as may be required by law, then, in any such
event, all such sewer rents or other charges so paid, or which the
Town is obligated to pay, shall be deemed to be unpaid sewer rents
for the purpose of this ordinance, and shall be deemed to be a lien
and collectible and enforceable in accordance with the provisions of
this ordinance.
2. In addition to the rents and charges payable to
the contracting municipality, there is also imposed an additional
charge or surcharge upon said rents to be known as sewer rent sur
charge as follows:
(a) The surcharge shall be paid by consumers
connected to any Town sewer im-provement or service.
(b) (1) The surcharge shall be 2 per cent of
the net water bill payable by each consumer to the contracting muni
cipality (now City of Ithaca) for the six months period preceding
July 1 and January 1 of each year, but such surcharge shall not be
less than the sum of $1.00, for each six month period; (2) in case a
property is connected to the municipal sewer system, but is not con
nected to the municipal water system, the surcharge shall be deter
mined equitably by the Town Board or the Town Supervisor or such otVior
person to whom this function is delegated based upon the average
amount of water which such property would normally consume. In the
case of dwelling structures, the minimum charge for each six month
period shall be the sum of $1.00 for each separate dwelling unit in
such structure.
(c) Bills for the sewer rent surcharge shall
be mailed semi-annually by the 15th day of January and July of each
year or within twenty days of the date of mailing of water bills by
any contracting municipality (now City of Ithaca), whichever is the
later date. The date on each bill shall also be deemed to be the
date of mailing.
(d) The sewer rent surcharge will be a net
charge due and payable on or before the first day of August and
February of each year, or not later than 16 days after the date of
mailing of the bill, whichever is the later date; if such charge is
not paid on or before said dates, a penalty shall be added thereto in
the amount of 5% of said bill if payment is made within 30 days of
the due date of said bill, or 10^ of said bill if payment is made
after 30 days from the due date of said bill.
- 10 -July 10, 1972
3. The rents and rates herein provided for shall apply for
the period beginning January 1, 1972,
2. Charges due Town for disconnection and reconnection. In addition
to any charge due to the contracting municipality, there shall also
be due to the Town a charge of $20^00 for disconnecting and a charge
of $20.00 for reconnecting such sewer service, which shall be made
and enforceable in the same manner as sewer rents.
Unanimously carried.
AUTHORIZATION TO ATTSMD MAGISTRATES' SCHOOL
Motion by Supervisor Schwan; seconded by Councilman Powers,
RESOLVED, that Justice Frederick R, Hartsock be authorized to attend
Magistrates* School for newly elected justices to be held at St,
Lawrence University the week of July lb, 1972, expenses to be paid
for by the Town-*
Unanimously carried.
APPROVAL OF WARRANTS
Motion by Councilman Desch; seconded by Councilman Del Rosso,
RESOLVED, that the Warrants dated July 10, 1972, in the following
amounts, be approved!
General Fund $ 42,548,75
Highway Fund 2,421.93
Unanimously carried.
INTERSECTION LIGHTS - EASTERN HEIGHTS
Supervisor Schwan outlined that it is now a requirement of the Public
Service Commission to have underground wiring for lighting in sub
divisions where there are four or more dwellings. This type of wiring
is considerably more expensive. Supervisor Schwan quoted figures he
had received from the New York State Electric & Gas Corporation for
intersections in Eastern Heights -- $150.00 per year for Charlene and
Tudor, $150,00 per year for Eastern Heights Drive and Charlene: and
$130.00 per year for Eastern Heights Drive and Sky-Vue. If the Town
wants these installations, it would be necessary to re-negotiate the
contract with the Gas & Electric Company to include an additional
clause on underground wiring for street lights. The annual lighting
bill for the Town at this time is $12,000 a year, not including
Cayuga Heights. During the discussion the question was raised whether
the County Assessment Department takes into account improvements like
underground wiring in its property evaluations. Councilman Del Rosso
felt we should defer the discussion until the next meeting and in
the meantime contact the Assessment Department and find out how much
effect underground wiring has on property values.
TAX EXEMPT STATUS - CAYUGA HEIGHTS PARCEL ^ /^-/'/•/
Motion by Councilman Desch; seconded by Councilm^ Powers,
RESOLVED, that premises owned by tte—ViJ-l^e^f Cayuga Heights front
ing on Route 34, being tax parcelf^lB-l<y^^l^ being used for an addi
tion to the Village of Cayuga Heights Sewage Treatment Plant, be
granted exemption from taxes by the Town of Ithaca.
Unanimously carried.
AGREEMENT WITH CITY OF ITHACA
FOR USE OF XEROX MACHINE
Supervisor Schwan offered the following resolution and Councilman
Powers moved its adoption:
WHEREAS, the City of Ithaca has made available to the Town
of Ithaca the use of a Xerox Machine at the cost of $30.00 per month
rental for an unlimited number of copies per month.
/?!
il - July 10, 1972
0-4. BE IT RESOLVED that the Town agrees to pay theCity or Ithaca for the use of this copier at the above rate; and
BE IT FURTHER RESOLVED thSt this agreement shall be in effect
until cancelled by either the Citj^ or the Town,
Seconded by Supervisor Schwan*
Unanimously carried.
WILLIS HILKER SUBDIVISION
Hnkpr'^hT.!!n»h+ Zpnihg Offidp^ reported that Mr. Willis
on IT * ^ ^03^ a building permit for a second house
advfQort T»+L V® ; issued one to Mr. Bilker and was
Mr Metf Sflfrt ho Officer Cowah that it was not an approved road.T+Aonf he, therefore^ advised Mr. Bilker that the Town of
approved°Town"rLd!®''® ^ because Worthview West is not an
regard to how much of the i^oad for the sub-
hto Hilker Should be required to build before a permit could
part of it """ build the whole road now or just a
McElwee; seconded by Supervisor Schwan,RESOLVED, that Willis Hilker be allowed to construct the interior
Tr^;o^o sections to the western extremities
Q rZ construction to include a "T" between Lots 2 andy, ana when the second section is constructed the wings of the "T"will
on which it is located willrevert back to the owners of Lots 2 and 9.
^ Unanimously carried.
PERSONS TO BE HEARD; Arthur L. Berkey
Be^rkey inquired which part of the water and sewer benefit formula
® refund to Mrs. Ellen Armstrong (indicated inSupervisor Schwan explained that Mrs.lives in the City of Ithaca; that her house and the majorityof her property is in the City of Ithaca. At the time the tax map
Ithaca, and she was,
mpn+ Unit. Mrs. Armstrong objected to the assessment. The Town was advised by the Assessment Department that the tax
map was in error and that Mrs. Armstrong had only 45 feet in the Town.
AvmL -.i® ^2 ® legal lot size in the Town of Ithaca and Mrs.Armstrong could not sell the 45 feet to anyone to build on, There-
lore. It was the opinion of the Board that Mrs. Armstrong had no bene-
refund based on one unit was made to her. Supervisor Schwan
-D j case was not specifically covered in the formula, but thattne Board considered it a hardship case and felt the assessment was
Attorney Buyoucos said the case is covered by law in
that an assessment can only be made on the basis of benefit conferred.
Supervisor Schwan noted that none of the pipe along Mrs, Armstrong's
property was installed by the Town. When Mr, Berkey continued to
press the subject Supervisor Schwan advised him that if he felt the
Town Board did an unjustifiable act in this instance that he, Mr,
Berkey, as a taxpayer, had a right to bring an action against the
Board.
VIWAY AMBEGAOKAR - REQUEST FOR WATER
MAIN EXTENSION - SUGAR BUSH LANE
At Mr. Berkey's request, with regard to Mr. Ambegaokar's request for
a water main extension to his premises at 5 Sugar Bush Lane, let these
minutes show that Mr. Ambegaokar had requested action in this matter
in writing in January of I972. Mr. Berkey felt this ought to be
recorded to give the matter total perspective. (See minutes of June
12, 1972, p. 161 in minute book.)
/7f
- 12 - July 10, 1972
NO PARKING ZONE ~ PLEASANT GROVE ROAD
There was some discussion of setting up a public hearing to consider
the establishment of a "No Parking" zone along Pleasant Grove Road
from the Village of Cayuga Heights boundary line on the north to
Forest Home Drive on the south. However, the Board felt it might be
better to adopt an overall ordinance which would permit the Town to
establish no parking zones in the Town of Ithaca. Then, as each in
dividual afea came uj^) for consideration as a "No Parking" zone, it
could be so designated, under the authority of the comprehensive
ordinance with respect to 'No Parking" aread, by Way of a resolution
of the Board. The matter was tabled pending further study by the
Town Attorney.
There being no further business to come before the Board, the meeting
was adjourned.
< . - ?
' / / ti
Edward L. Bergen
Town Clerk
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