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