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HomeMy WebLinkAboutTB Minutes 1976-08-23 TOT�kl OF ITHACA ADJOUPMED BOARD ?1EETING August 23 , 1976 - 5e00 p . m . At an adjourned meeting of the Town Board ofothe Town of . Ithaca , _ Tompkins County , New Ybrk , held at the Town of Ithaca Offices at 126 East Seneca Street !I, Ithaca , New York , on the 23rd day of August , 1976 , at 5o. 00 p . m . , there were PRESENT Walter J . Schwan , Supervisor Andrew" We McElwee , Councilman Hoel Desch , Councilman Robert No Powers , Councilman i Victor Del Rosso , . Councilman Catherine A . Valentino , Councilwoman' Shirley Raffensnerger , Councilwoman ALSO PRESEUTo James' l� V . Buyoucos , Town Attorney Lawrence P . Fabbroni , Town , Engineer/Building Inspector Donald L . Terrell ] Chief of Plant Operations ( Bolton Point water system ) Morri "s Angell , 203 Ithaca Road David , lAbbott ( Ithaca Elan-P3aple Houses , Inc . ) I3 . tad' . ! Batt , 308 Klein Road G : S . 'iBooker , 111 Clover Lane Ivan Co Burris , Burris Plumbing & Heating , Inc . Liese 'iBronfenbrenner , 116 McIntyre Place Davidl, Cassel , 152 Pine Tree Road Richard Be Fischer ,, 135 Pine Tree Road Dettyl, Friedlander , 110 Triphammer Road ( attorney for Morris Angell ) Plary Hafler , 1540 Slaterville Road Nancy Hewitt , 1518 Slaterville Road ilancy Krook , 113 Pine Tree Road Eleanor May , 1360 Slaterville Road Priontgomery lay , 1360 Slaterville Road Grace ,llE . Sapp , 1522 Slaterville Road Harold . Be Sapp , 1522 Slaterville Road hocco , P . Lucente , Builder tlarren Buck , Associate of Rocco Po Lucente Representatives of the Media ITHACA EUI2 MAPLE HOUSES , INC . - CONDEMNATION ACTION Plr . David Abbott appeared on behalf of Ithaca Elm-Maple Mouses , Inc . He said they had been served with notice that on September 2 , 1976 the Town of Ithaca will petition the Supreme Court ' ( State ) for immediate possession of a right-of -way so that Ithaca Elm-Faille Houses , Inc . may be served through the new Bolton Point water lines . ar.'' Abbott requested an extension to September Sth so that his attorney may put in an appearance in court . The attorney will not be available on September 2 . P1r . Abbott said he foyas advised by Tovm Attorney Buyoucos to come before the Board to make his request . r2r . 'Abbott said the easement in question relates to a water line for a direct connection to the Maple Avenue housing project , The general feeling of the Board was that it ought to dis- cuss this matter with the Town Attorney ( temporarily absent from the meeting ) before making a decision . The Board agreed it would discuss the matter with the Town Attorney and advise Mr . Abbott of their ' decision . 1. r . Abbott thanked the Board for hearing his re - quest , Ii , Town Board Minutes - 2 NOW August 23 , 1976 WATER RATE SCHEDULE - PUBLIC HEARING Proof of posting and publication having been presented by the Town Clerk , Councilman McElwee ( in the temporary absence of the Supervisor ) opened the hearing on proposed revision of the water rate schedule under. the Bolton Point project : Councilman Desch re ~ cited ! the background of the Bolton Point project and noted the need to revise the rate schedule upward about 85 % from the rate origin- ally contemplated . He ',; 'i', said the increase proposed is primarily due to the increase in interest rates and an increase in the original project ($ 6 , 070 , 00 ) to ; '+ $ 8 , 000 , 000 . Mrs . i ontgomery day sp Oke in opposition , to the proposed in- crease in the minimum quarterly charge to $ 16 . 59 ( from $ 8 . 90 ) . She said the increase would impose an undue burden on persons on fixed incomes and those working at low labor rates . She felt some other way could be found to raise funds . Councilman McElwee noted that the increase was about160 cents a week . Mrs . Hafler asked if there would be a procedure each year to re=evaluate the water rate schedule . She asked what would hap- pen if the Bolton Point project bonds were sold at 7 - 1/2 % or 6 - 3/4 % interest rather than 8 % . Supervisor Schwan said , in that case , the water rate could be reduced ; that the proposed rate is based on the worst possibility . He ;moted that in 1974 the project was contem- plated to be $ 6 , 070 , 006 with an interest rate of 50 , but that when the project was bid it ' ^ came in at $ 8 , 000 , 000 and an administration building had to be removed from the plans to hold the project to $ 8 , 000 , 000 . First year interest at 8 % on $ 8 , 000 , 000 is $ 640 , 000 , plus $ 200 , 000 principal,, payment , plus $ 265 , 000 in operation and maintenance costs - - of a total of $ 1 , 105 , 000 . If the bonds are sold at 8 % the project ^ will be tied into these debt service costs for 30 years . There will be a review of the budget each year , and if operation and maintenance costs , materials , etc . go down then the water rate could be reduced , but as far as debt service is con- cerned , no marked reduc;;tion would take place for seven or eight years .?: He said the Bolton Point budget is - part of the Town of Ithaca budget and , as such , would be reviewed each year . The Supervisor outlined the' background of the Bolton Point project and the need to build it . Mr . Batt said there was no quarrel with the need to build the Bolton Point system!':, but he was concerned that the water rate structure would be a burden on the people ,* that the people do not necessarily want growth and big companies in the area . The Super- visor said the people are concerned about how much they will pay for water and what theyipay for water is affected by growth . Mr . Batt felt some other type of plan could be worked out to raise the required funds , but hadlno alternative plan to suggest at this time when the Supervisor asked him if he had a plan in mind . firs . Krook indicated she felt there should have been con° solidation of services between City and Town . She said this would have been more efficient and economical . Councilman Desch noted the difficulties involved in cooperating with the City of Ithaca , noting the City ' s present intent to proceed with an emergency source of water of its own , when the Bolton Point system could serve as such emergency source . J rs . Krook asked whether it was legal for the Town to take people' joff the City system without them being aware of it and putting them 'on a system that " costs three times as much °° . Apart from the fact that the Bolton Point system had followed all legal requirements , the ' Supervisor noted that Mrs . Krook was ignorr- ing the fact that the City in the long run would not have had enough water and that the Bolton Point project was a "must " . Mrs . Brook said those who planned the project had not taken into account the inflationary pressures . ': '' Councilman Desch pointed out that the u Town °Board TMinutes - 3 - August 23 , 1975 City of Ithaca had placed a moratorium on furnishing additional water, connections and ','they were also unwilling to disclose what the price of water was going to be ; that the Town of Ithaca would pay whatever rate they„ might establish . Supervisor Schwan noted further that , legally , there was a shortage of water , the City couldl service its City users first and service the Town only if there was additional w1ater available . Councilman Duch said that although the cost of water is a factor it is secondcary to the con- trol of the use of water . With the Bolton Point project on - line the City of Ithaca does not control growth in the 'Down of Ithaca . Mrs . llKrook spoke of the problems of people on fixed incomes and said " °° we wonder how wejcan continue to live here when everything goes "up 300 % 11 . The Supervisor and Councilman Desch said a comparison of the proposed revised dater rate with the present City rate is not a valid comparison ; that the City of Ithaca system is 75 years old , and will need to be updated , and when it is water and sewer rates in the City of Ithaca 'Vill need to be increased . Mrs . Krook and"!lrs . hafler suggested that bonds should have been "offered to local "people to purchase at a lower rate than 8 % ; that 'local people should have had a chance for tax exempt income . The Supervisor did notufeel there would be enough local money avail - able to purchase any substantial amount of the bonds , even the local banks could not subscribe the issue . The Supervisor said people who want to invest in ''Bolton Point ,:bonds can do so if they go to the local bank . sirs . Hafler felt this idea should have been pro -- moted . Supervisor Schwan said the local bankers had advised a sale in New York City . Bonds must be advertised according to Local Finance Law and they must all be sold at once . Local bankers agreed it could not have been�Idone locally . Councilman McElwee felt the water rate schedule could be clarified by showing dollar figures in terms of cubic feet and gallons . Mr . Lucente asked if the rate would go down if consumption were . '"to go up . The Supervisor said it would , but he wondered if there would be enough increase in consumption to affect the rate . He noted that the intermunicipal agreement is unique in that growth in any of the municipalities redounds to the benefit of all . Councilwoman Raffensperger recommended that instead of the total increase falling ' on the water rate , the Board should consider the alternative of a smaller water rate increase plus an increase in the benefit levy . She felt this would distribute the burden more 'equitably ( including undeveloped acreage ) . The Supervisor noted that there is already an additional $ 25 . 00 benefit levy charged for the Bolton Point syste, 'm and there will be a $ 25 . 00 connection charge for a!', new custorier which will increast to $ 250 . 00 for someone who comes> in 10 years fror ' now ( $ 25 per year ) . The Supervisor suggested that 'increasing the benefit levy could result in such heavy costs to some land owners that the Town might be subject to legal actions . Counc lvFioman Raffensperger cited various revenues which might be achieved with benefitevy i ' ; ncreases . Supervisor Schwan said some of the municipalities participating in the Bolton Point project al - ready have rather highlbenefit levies . Councilman Desch said an increase in the benefit levy would .create a problem for people with a great deal of frontage or who have undeveloped acreage . Council - woman Raffensperger felt a combination of water rate increase and benefit levy increase would be most equitable . She pointed out that originally a $ 34 . 5.0 benefit rate had been contemplated , suggesting that a $ 10900 increase nova in the benefit rate would decrease the percentage paid by individual homeowners . Supervisor Schwan noted also that the $ 25000 Bolton Point benefit levy has only been held at that level because `about $ 51 , 000 of revenue sharing money has been used and the revenue sharing money will not be available after Town Board Minutes -- 4 August 23 , 1976 four years . The revenue sharing funds made possible the $ 25 . 00 benefit levy rather than $ 34 . 50 . To reduce the water rate from the proposed rate would require concurrence of all the participat- ing municipalities . Councilwoman Raffensperger ., suggested that per- haps that should be considered . Councilman Desch diva not think that possible because the benefit levy in Lansing , apart from Bolton Point , is already very: ', high , and Supervisor Schwan said in Varna it is almost as bad . Councilwoman Raffensperger felt the Board should consider at least a $ 10000 increase in the benefit levy and work out how that would affect the water rate . Mr . Batt asked , , Mr . Fabbroni what the likely effect of the rate increase would he ', ', on the growth of the Town in the next ten yearso Mr . Fabbroni thought the growth of the , Town would . probably proceed as it is proceeding now . Mr . Batt asked if it would enhance the growth of the Town ' " in any particular directions . Tlr . Fabbroni did not think so sinceIdl; there are no specially rated customers * it would not encourage commercial or industrial users as opposed to residential users . Mr ! Batt asked if it 146uld increase land values in any particular areai ' more than in other areas . . Air . Fabbroni said only if the alternative of not having built the system is consider- ed , in which case some ' llands would be worthless . Supervisor Schwan noted that the rate schedule was trimmed at one end because it was g :1,ving ° too big a break �o the large consumers . No other persons wishing to be heard the Supervisor closed the hearing and the Board prepared to vote on the adoption of the proposed revised waterl ', rate schedule . The Supervisorvicertified that the immediate passage of the proposed local law was necessary . The Board , therefore , acted as follows . Motion by Supervisor Sc hwaniF seconded by Councilman *4cElwee , A LOCAL LAW PROVIDING FUR THE INSTITUTION , ADMINISTRATION , REGULA- TION , 'AND COLLECTION OP WATER RATES AND OTHER CHARGES RELATING TO WATER ,iSERVICE . ( Local Law No . 2 - 1976 ) BE IT "ENACTED by the Torn Board of the Town of Ithaca , as follorns o ki Section t_. Definitions . A . " Water Rate " shall mean the water rent , rate , charge , or surcharge imposed or levied by the Town of Ithaca , New York , for the use of water through the municipal water system . B . " Dwelling Unit " is a dwelling , or portion of a dwelling , providing complete living facilities for one family . C . " Municipal " ' Water System " , also referred to herein as " Water Works System " or "Water System " shall mean the water system , or any portion thereof ; either separately owned , operated , and maintained by the Town' of Ithaca or owned , operated , and maintained jointly with other municipalities and administered by the Southern Cayuga Lake Intermunicipal Water Commission, and shall include all component parts and facilities thereof including , without limitation , reservoirs , mains , pipes , treatment plants , storage tanks , intake facilities and all other appurtenances which are used or useful in whole ' or in part for tie collection , impounding , treatment or dis - tribution of wate ?: . Do Ths Term " Contracting Municipality " shall mean any municipality , public a4thority , public agency or public benefit corporation with whom the Town contracts to deliver , receive , treat and distribute a ,: ! supply of water . Town Board Minutes - 5 - August 23 , 1976 E . " Commission '" shall be deemed to mean the Southern Cayuga Lake Intermunicipal dater Commission unless otherwise ex - pressly stated . F . " Charge " or . " Charges " shall also be deemed to include any surcharges which may be established under this law . Section 2 . All revenues imposed hereunder , together with all interest and penalties thereon , shall be designated in such manner as to identify them as water revenue funds . All such reven - ues derived from such Grater. service and operation of the water sys - tem shall be applied towards the payment of the cost of operation and maintenance of the water works system and the facilities , ex' tensions and improvements thereof , and toward the payment of the cost of construction thereof including the payment of principal and interest on outstanding serial bonds or other obligations issued or incurred in connection ° with such water works system . Section 3 . For the use of , water and for the purposes hereinabove set forth , the scale of water rates , rents or charges , as set forth in Schedule " A " annexed hereto and made a part hereof is hereby established and imposed . Section 4 . 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 126 East Seneca Street , Ithaca , New York , Be 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 Town and at the address appearing on said bill . The failure of any person to receive a bill shall not excuse non-payment there - of , nor shall it operate as a waiver of the penalty herein prescrib- ed . Notwithstanding any other provision in this law , all water rates , charges , including surcharges , or other fees 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 water rates or other charges payable under this law are not paid within 20 days from the date on which they are due , an additional charge or penalty of ten per cent ( 10a ) shall be added to the water rates or charges due . The Town Supervisor or other person designated by him in the event such rates or charges are not paid within 30 days from the date on which they are due , 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 , address - ed at the premises , stating the amount due and demanding payment thereof within a period of at least ten ( 10 ) days of the date of the notice and stating that if such payment is not made , the water service may be discontinued , without further notice , and , at the expiration of such period the Town Supervisor , or any employee or officer of the Town or ' of any contracting municipality or the Com- mission , designated by „ the Supervisor or the Town Board , may enter on said premises and cause the water service to be disconnected . In addition to any charge due to the contracting municipality , there shall also be due to the Town a charge of $ 25 . 00 for disconnecting and a charge of $ 25 . 00 ' for re °°connecting • such water service . t Town Board Minutes 6 o August 23 , 1976 D . 11later rates and charges , including any surcharges thereto , shall constitute a lien on the real property served by the water system and shall be a charge against the owner or agent of such real property . The priority of such lien , and the enforce - ment and collection thereof and of such rates and charges shall be in accordance with paragraph (d ) of subdivision 3 of Section 198 of the Town Law and in accordance with all other provisions of the Town Law and Tax Law of the State of New York , . -and this local law , not inconsistent with the said paragraph , subdivision and section . All delinquent accounts for the payment of water rates and other charges hereunder which remain unpaid as of the end of each year shall be placed on the tax roll for collection in accordance with the provisions of Section 198 of the Town Law . or other applicable provisions of laws . ( a ) Real property shall be dewed to include all property , dwelling units or other structures which ( i ) are con nected , with the water ° system or ( ii ) are not connected with the water system but which can be connected by a building lateral run - ning from any structure on said premises to a transmission main or lateral in an adjacent public street , alley , or thoroughfare , or in a public easement running to such premises from any such trans - mission main or lateral , or ( iii ) are not connected with the water system but for which the Town has agreed to accept an easenent on such premises and to construct , at public expense , a water main in such easement to a point which is either the point of conned tion of any building lateral with a public water main serving such premises prior to the construction of the Southern Cayuga Lake Intermdnicipal water system or a point on such premises which is no closer than fifty ' ( 50 ) feet to the foundation wall of any build - ing on such premises which is to be connected with the water sys ® tem . ( b ) If the property is not connected to the municipal water system , then the Towvm Board or the Town Supervisor or other Town officer or employee shall ( i ) determine the quarterly water bill for said property which shall be the average amount paid by owners or users of a representative number of structures of com- parable size , water use or occupancy or ( ii ) a minimum sum of dollars for each structure or , if a dwelling unit is contained on said structure , a minimum of $ 1 . 00 for each separate dwelling unit in said structure , whichever is the larger of ( i ) and ( ii ) . E . To enforce the collection of beater rates or other charges or fees due under this law , including all interest and penalties , the Town may bring an action ( a ) as upon contract for such water rates , charges and other sums , or ( b ) to foreclose liens for . water rates and such chargeso ( c ) in addition , all such unpaid charges and rates may be collected and enforced as provided for in paragraph ( d ) of subdivision 3 of Section 198 of the Town Law . The Town may pursue any one or more of the aforesaid remedies , separ � ately or si.multaneiusly until all sums due to the Town have been collected in full . Section 5 . 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 water system or otherwise for which the owner of any property served by or connected with the water system is obligated under this law or any rule , regulation , resolution or other ordinance , statute or provision of law , shall be collected in the manner provided for the collection of water rates in this law , and shall be a lien upon the property and en- forceable in accordance with the provisions of this law or any other applicable _provision of law . Section C . Any duly authorized officer , employee , con tractor , or agent of 'the Town or other person duly authorized by the Town Supervisor , the Town Board or by the Conmission shall be permitted to enter on any property at reasonable hours for the purpose of reading Meters , or inspecting , disconnecting , repair ing or replacing the same or for any other purpose reasonably necessary to carry out the provisions or purposes of this law . Town Board Minutes - 7 - August 23 , 1976 Section 7 . Each property owner shall comply with all laws , ordinances , rules and regulations of ( i ) the Town of Ithaca and , when not inconsistent with the foregoing , of ( ii ) the Com- mission and any contracting municipality pertaining to and appli - cable to consumers of water in the Town of Ithaca . Section 3 . A . No person , association , corporation or any other group of persons shall ( i ) connect with or use the Tovm- water system without applying for and obtaining a permit from the Town Clerk and such other person or agency designated by the Town Board , and ( ii ) install , repair , alter , or otherwise tamper with a water meter unless authorized by the Toxin Supervisor , Town Board or the Com- mission , or unless such work is done pursuant to a permit . B . No such permit shall he 'issued unless a valid building permit has been granted for the erection of any structure for which the water connection is sought , whether such structure has been heretofore or hereinafter erected , or a valid certificate of occu - pancy has been issued . C . Any duly authorized officer or employee of the Town may refuse to issue such permit or may revoke such a permit un - less a valid building permit or certificate of occupancy is issued and delivered to such '' officer or employee . Section 9 . The invalidity of any section , clause - sen - tence or pry on of this law shall not affect the validity of any other part thereof which can be given effect without such invalid part or parts . Section 10 . The violation of each provision of Sections 7 and B of this law shall constitute a violation . The punishment for each such violation shall be a fine not exceeding $ 100 . 00 for each such separate violation of the provisions of said sections or imprisonment for a period of not more than thirty ( 30. ) days , or both . The Totpm may also proceed to recover a civil penalty in the amount of $ 100900 for the violation of each such separate provi - sion of the aforesaid sections . The Town Board may also maintain an action or proceeding in the name of the Town in a court of com- petent jurisdiction to compel compliance with , or to restrain by injunction the violation of , any such provisions of the aforesaid sections . Section 11 . The prior ordinance and regulations adopted July 10 , 1972 , as they may have been amended , are hereby repealed . Section 12 . This law shall take effect immediately . The question of the adoption of this local law was put to a vote , with the following results ° Supervisor Schwan , voting Aye . Councilman HcElwee , voting Aye . Councilman Desch , voting Aye . Councilman Powers , voting Aye . Councilman Bel Rosso , voting Aye . Councilwoman Valentino , voting Aye . Councilwoman Raffensperger , voting Nay . The motion was thereupon carried . SCHEDULE A WATER RATE SCHEDULE Section 1 . : •_: _ Gallons Min . Water Unit Cost cil . _ ft : Allowed ) Allowed Charge per Meter M.in : ` .Charge per ) =Min . 'Charge Per 11000 Size Quarter ) Per Quarter Quarter Gallons Small. 1 , 200 88977 $ 16 - 59 $ 1 . 85 l " 3 , 200 . 238940 39 _ 57 1 _ 65 5 , 500 41 , 146 ' 65 _ 99 1 . 60 2 " 11 , 200 83 , 787 127 . 91 1 _ 53 3 " 16 , 000 . 119 , 696 168 _ 76 1041 4 " 24 , 000 179 , 544 237 . 69 1 _ 32 6 " 420100 314 , 950 390 . 87 1 _ 24 First 1 , 200 cu ft . per 100 cu . ft at 1 . 383 = 16 . 59 1 . 85 Next 8 , 800 cu ft per 100 cu . ft _ at 1 . 147 = 101 . 10 1 . 54 Over 10 , 000 cu ft . per 100 cu _ ft . at _ 851 1 . 14 Section 2 . dwelling ' Multiple Housing and mobile home parks of over 2 A units , using a master meter , will be computed as follows : The quarterly master meter reading will be " ' divided by the number of dwelling units and the water charge will be figured on this number as if the unit was individually metered . . The water charge will then be multiplied by the number of units on the master meter and this •will be the billing rendered . Section 3 . Surcharge . The Town Board hereby establishes a surcharge which will - be due and payable at the same time as the- charges hereinabove provided . The revenues derived from this surcharge will be used for repairs and maintenance' of the water system except that a certain per - centage thereof will be used for repairs and maintenance of the sewer lines in the Town . The charge is now established at 7 % of the water charge , of which .5 % is for repairs and maintenance of the water lines and 2 % is for the repair and - maintenance of the sewer lines . Town Board Minutes - 8 - August 23 , 1976 In order to assure an annual review of the water rate schedule , the Board , upon the recommendation of Councilman Del Rosso , acted as follows ° Motion by Councilman Del Rossoo seconded by Councilman HcElwees RESOLVED , that the Town of Ithaca water rate schedule , Local Law No . 2 , 1976 , shall be in effect for one year only , from October 1 , 1976 ,, as it affects the Town of Ithaca , and shall be subject to review , based on the rate of interest at which the bonds are sold and upon other factors which may influence the water rate . Unanimously carried . The Board agreed it would hold a meeting to report to the public the results of the $ 8000000 bond sale or. any alteration in the budget as it would affect consideration of benefit charge vse water rate as a means of funding the Bolton Point water project . PLUn"TBING CODE - PUBLIC HEARING Proof of posting and publication of notice of public hearing with respect to a plumbing code and cross - connection control having been presented by the Town Clerk , the Supervisor opened the hearing . Councilman McElwee felt the proposed plumbing code was inadequate , and introduced 1r . Ivan C . Burris , Burris Heating & Plumbing , Inc . , in support of his contention . fir . Burris felt there was a danger that people could be adversely affected by unscrupulous builders and a poor plumbing code . He cited some instances in support of his contention . He said the State plumb - ing ,;code is not archaic ( as some have said ) , the present one be - ing dated 1973 , and it is scheduled to be updated . Councilman Powers asked why the Southern Cayuga Lake Intermunicipal [-later Commission which adopted the proposed code and recommended its adoption by the participating municipalities did not adopt the State plumbing code . The Supervisor said the Commission consider - ed the State code a restrictive standard . Councilman Desch called it a " permissive standard `° . He said on occasion it is not speci - fic 'enough . Councilman Powers suggested adopting both codes for a 60 -day trial period,,. Supervisor Schwan said one or the other must be adopted . Councilman Desch felt the proposed code , al - though not all - inclusive , was more applicable to the Bolton Point system than the State code , it is more specific , and is not less protective than the State code . He said , further , there is noth- ing in the proposed plumbing code which would prevent the Board from adopting the State code later . Supervisor Schwan noted there is a time . element involved ; that the Commission had recommended adopting the proposed code ° as is and that within 60 days it would be re- evaluated in joint discussions with the ''other municipalities who are participating in the Bolton Point project . 1.1r . Burris said the proposed code does not specify the grade of plastic pipe to be used . It does not provide for a licensed plumber . He said the City of Ithaca uses the State plumbing code . Councilman Desch , when asked by Councilman Powers whether he thought the proposed plumbing code is as good as the State code , said he did not think either one was adequate , but he felt that adopting the proposed code would provide incentive to revise it , whereas if the State code is adopted there will be no incentive to re -- evaluate it . He noted that in the State plumb- ing code cross -connections are not adequately covered to protect the system . Town Board Minutes - 9 August 23e 1976 Mr Burris said that as one experienced in working with people on plumbing problems he was arguing for a code that is " right " . Mr . Lucente said people who , are doing the work should have to pass a test before being permitted to work . Mr . Warren Buck said that from a builder ' s standpoint it would be better to have something like the City of Ithaca uses . Supervisor Schwan agreed it would remove a lot of problems involy- ing City/Town water and sewer problems . No other persons wishing to be heard , the hearing was closed , and the Town Board acted as follows . Motion by Councilman Ilch1weer seconded by Councilman Desch , RESOLVED , that the Town Board of the Town of Ithaca hereby adopts as the plumbing code for the Town of Ithaca the State Building Con - struction Code applicable to Plumbing (January 1 , 1973 ) o Unanimously carried . APPOINTMENT OF STUDY C0144ITTEE ON THE ADEQUACY OF THE STATE PLWMING CODE Motion by Councilman Deschre seconded by Councilman McElwee , RESOLVED , that the Town Board of the Town of Ithaca hereby appoints a study committee composed of Lawrence P . Fabbroni , Town Engineerf Councilmen McElwee , Del Rosso , and Desch ; Ivan C . Burris , Burris Keating & Plumbing Coo' , Inc . , and Rocco Lucente , builder , to make a determination as to '„ the adequacy of the State Building Construc - tion Code applicable to Plumbing ( January 1 , 1973 ) to serve as the Town of Ithaca plumbing ' code , and to report their findings and recommendations to the Town Board within 60 days . Unanimously carried . CROSS-CONNECTIONS CONTROL This matter was - tabled . FRESWAIATER WETLANDS Proof of posting and publication of a notice of public hearing having been presented by the Town Clerk , the Supervisor opened the hearing with regard to the adoption of a local law for the protection of freshwater wetlands . Mr . Batt inquired why the State or the County ought not to take responsibility, for the protection of freshwater wetlands . 11r . Fabbroni said the ''' idea is to keep local control . Councilman Desch said it is well -known that there is insufficient Personnel at the higher levels for enforcement . The Town itself will have to enforce the regulations . Mr . Fabbroni noted that the local law before the Board for consideration is a one °page version , simplified from the 20 -page version prepared by the Department of Environmental Conservation , also prepared by the D . E . C . Mr . Fabbroni recommended its adoption . He said it will serve when there is an application to do something which might affect freshwater wetlands . The condensed version says , basically , that the Town Board will to the best of its ability , take whatever action is possible to protect freshwater wetlands locally ,p Town Board It-Tinutes a 10 - August 23 , 1976 No other persons wishing to be heard on this matter , the Supervisor closed the hearing , and the Board acted as follows . Motion by Councilman Deschl seconded by Councilwoman Raffenspergerr, v A LOCAL of the Town of Ithaca pursuant to Article 24 of the New York Environmental Conservation Law to provide for the protection , preservation and conservation of the freshwater wetlands within its boundaries . BE IT ENACTED ' by the Town of Ithaca , New York , as follows . Section 1e Pursuant to 924 - 0501 of the IJe<<a York State Freshwater Frletlands Act (Article 24 of the New York Environmental Conservation Law ) p ,the Town of Ithaca shall fully undertake and exercise its regulatory authority with regard to activities sub® ject to regulation under the Act in freshwater wetlands , as shown on the Freshwater Wetlands Map ; as such map may from time to time be amended , filed by the Department of Environmental Conservation pursuant to the Act . and in all areas adjacent to any such fresh - water wetland up to 100 , feet from the boundary of such wetland . Such regulatory authority shall be undertaken and exercised in accordance with all of the procedures , concepts and definitions set forth in Article 24 of the New York Environmental Conservation Law and Title 23 of Article 71 of such law relating to the enforce° ment of Article 24 , as such law may from time t6 time be amended . Section 2 > This law , adopted on the date set forth below , shall take e ec upon the filing with the clerk of the Town of Ithaca of the final Freshwater i^letlands Flap by the New York State Department of Environmental Conservation pursuant to 324 - 0301 of the Freshwater Wetlands Act applicable to any or all lands within the Town of Ithaca . Section 3o This law shall take effect immediately . ( Adopted August 23 , 1976 ) The motion was put to a vote , with the following results . Supervisor Schwan , voting Aye . Councilman McElweer voting Aye . Councilman Desch , voting Aye , Councilman Del Rosso , voting Aye . Councilman Powers , voting Aye Councilwoman Valentino , voting Ayeo Councilwoman Raffenspergerr voting Aye , The motion was thereupon declared duly carried . PROPOSED ANGELL DEVELOP14ENT VARIETY STORE AND 114INI -GAS STATION Betty Friedlander , attorney , again appeared on behalf of Mr . 1-1orris Angell and illustrated on drawing the proposed variety store and mini -gas station , Mr . David Cassel , 152 Pine Tree Road , felt the proposal was better than some other things built in the area . He said , how- ever , the elevations on the drawing do not show enough detail to make clear *Anal the development will be like . He said the word " brick " at leas -,-. augers well . His main concern , however , is traf - fic . He said the proposed development could create a traffic haz - ards He pleaded with the Town Board to do anything possible to alleviate the traffic problem " by getting some of those entrances and exits off the streets , " Supervisor Schwan suggested the pos - sibility of approving the development on the basis of egress on Judd Falls Road and ingress on Ellis Hollow Road . Town Board F-Aiinutes - 11 - August 23 , 1976 1-re Angell requested an answer at this: tirme so that he may , make plans with respect to the property . Mrs . Krook asked if Ilrs . Friedlander would describe the project fully , Mrs . Fried - lander said they were proposing a place for the purchase of dis - count beverages , soft drinks , and beer and ice , and possibly re ° lated items such as pretzels and potato chips . In th?e front them would be a mini -gas station .= - no oil , tires , or the traditional facilities of a gas stationo There will be a buck facade and aluminum facia . There will be grass Mots . on both sides , and small places for parking . She said it would be a " quick in and out type of thing , " Refuse will be handled in conformity with Town rec*uirements a Considerable discussion follovied with respect to ingress and egress and where ' such entra.nce8heM is would bea It appeared the exact location of the entrance and the exit had not been set - tled upon since no information has as yet lbeen received from the Tompkins County Highway Department With respect to the traffic circulation and their recommendations . The Planning Board had recommended a one -way traffic flow . In view of the Board ' s concern and the concern of the residents in the area over possible hazardous conditions which might be created by the development , the Board acted as follows , Notion by Councilwoman Valentino ,, seconded by Councilman Desch , RESOLVED , that the request of Morris Angell for the development of a variety store and mini -gas station at the corner of Ellis ?follow Road and Judd ';Falls Road is denied , on the grounds that the development might generate a hazardous traffic pattern , until the Town Board receives from the Planning Board further findings and recommendations as to traffic problems and such other matters as the Town Board may request , Unanimously carried . The 1Planning ;!Board will decide whether another presenta � Lion before them will be required of Mr . Angell , Town Attorney Euyoucos recommended that the residents in the area ought to provide the Planning Board and the Town Board with as much input as possible on this matter . The meeting vas duly adjourned until August 30 , 1976 at 500 0 P . M . Edward Lo Bergen ToG,m Clerk a