HomeMy WebLinkAboutTB Minutes 1969-08-1184
OTTO B. SCHOENFELD
Sewer charges—Adjustment Parcel 72-1-1.102
Letter read to Town Board and request denied.
Letter-Snyder Hill
Community Center
Letter read and Mr. Cowan, Zoning Officer was requested to investi
gate possible Zoning Ordinance violations.
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OF ^
Francis Chase Three (3) Houses on Snyder Hill
Road
Michael Pichel 117 Snyder Hill Road
119 Snyder Hill Road
and report findings of fact to James Buyoucos, Attorney for the Town.
Executive Session Town of Ithaca
vs.
Rocco Lucente
Executive Session requested by Matt McHugh, Attorney for Lucente
was held after regular Board Meeting.
Mr. McHugh talked Board listened politely then made it
explicitly understood to Mr. McHugh that it entertained no
thoughts of any compromise.
* * *
Meeting adjourned at 7:10 P.M.
Edward P. Riley
Town Clerk
7/7/69
AUGUST 11, 1969
Minutes of the Regular Monthly Meeting of the Town Board of the Town
of Ithaca held August 11, 1969 at the Town Offices, 108 E. Green St.,
Ithaca, New York commencing at 4:15 o'clock P.M.
PRESENT: William B. Kerr, Supervisor - 4:30 P.M.
Noel Desch, Councilman
Victor DelRosso, Councilman
Harry U. Baker, Councilman
Andrew W. McElwee, Councilman
ALSO PRESENT: Mrs. Bruce Wallace, 4l6 Winthrop Dr. .
Mr. Arnold Albrecht
Mr. George Ideman
Mr. John Vasse
Mr. Frederick Beck, Attorney
Mrs. Nancy Krook
Mrs, Anita Krook
Mrs. Warren Carrier
Mr. Howard Merson
Mr. Peter Quittio, WHCU
Mr. Richard King
Mr. Vincent Franciamone
Mr. Edward King, Attorney
Mrs. Ruth Fisher
Mr. Michael Tagliavento
Mr. Bob Wells
Mrs. Marily Lichtenbaum
Mr. James Dunlop, Lozier Engineer
Mrs. Roger Livesay
Mr. Marion Morey, Highway Sup't.
Mr. Ben Boynton
Members of the League of Women Voters
Mr. Edward P. Riley^ Town Clerk
Mr. James Buyoucos, Attorney
Mr. Walter Schwan, Planning Board Chairmstn
The meeting was called to ocder by Andrew W. McElwee, Councilman.
* * *
RESOLUTION 41? - APPROVAL OF MINUTES
Motion was made by Councilman McElwee and seconded by Councilman
Desch that the minutes of ' the meeting of July J, 19^9 t>e approved
with the clerk to correct Resolution 4lO which Walter Schwan^
Planning Board Chairman wanted to correctly state:
RESOLUTION 4lO - ARTHUR PRINCE-CHRISTOPHER LANE
VOTED RESOLVED: No Building Permits, No Certificates of Occupancy,
No Road Acceptance of Christopher Lane, until Mr. Prince builds the
road from Christopher Lane to Christopher Circle. He will have
until August 11, 1969 to do so, otherwise the Town will, and back
charge him.
An all "aye" vote carried.
* * *
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RESOLUTION 4l8 - APPROVAL OF WARRANTS
Voted Resolve to approve warrants dated August 11, I969.
General $ 7,587.27
Highway 7,130.61
2nd South Hill Water District 26,887.00
South Hill Sewer District 22,503.60
Carried.
* * *
RESOLUTION 419 - VEHICLE MAINTENANCE CENTER
V
Voted Resolved to use the City School Districts Vehicle
Maintenance Center, I50 Bostwick Road, Ithaca, New York, as .
the polling place for Election District #2.
Carried.
* * *
; RESOLUTION 420 - CORRECTION OF SPECIAL DISTRICT
ROLL
Councilman Baker made the motion seconded by Councilman DelRosso
that Whereas, the roll for the South Hill Water District for I969
>was incorrect, excess monies collected from the owners of these
parcels should be refunded as noted below.
8/11/69
1. Parcel Numbers 53-1-15.13, 53-1-15.14, 53-1-15.15,
53-1-15.16, 53-1-15.17, 53-1-15.18, 53-1-15.23,
53-1-15.24, 53-1-15.26 and 53-1-15.27, all owned by
Savey Construction Co., did not receive any benefit
and $158.60, the total monies charged to these parcels,
should be refunded.
2. Parcel number 53-1-15.21 owned by Edward Cozzarin did _not receive any benefit and $29.75 should be refunded. j j
3. Parcel number 53-1-15.25 owned by Thomas Mills did not
receive any benefit and $31.40 should be refunded.
An all "aye" vote carried.
* *
RESOLUTION 421 - CORRECTION OF SPECIAL DISTRICT ROLL
Councilman Baker made the motion seconded by Councilman DelRosso
that Whereas, upon conferring with James Dunlap, an error was
discovered in the Northeast Sewer District Roll and excess
monies collected, as noted below, should be refunded to Otto
Schoenfeld.
Amount Collected Correct Amount Excess
1967 1058.76 352.92 = 705.84
1968 1057.13 352.38 = 704.75
1969 934.73 311.58 = 623.15
Total 3050.62 1016.88 2033.74 r~|
An all "aye" vote carried. ! i
* * *
RESOLUTION 422 - WATER SERVICE-PAINTER PROPERTY
1572 SLATERVILLE ROlg
Voted Resolved that the Town will share the expense of installing
water service to the Eugene R. Painter property at 1572 Slaterville
Road. The Board resolved to share 50^ of cost up to a maximum of
$325 for installation of water to property line.
Carried.
* * *
RESOLUTION 423 - PUBLIC HEARING-PLANNING BOARD
REQUEST-MULTIPLE TO R-15
WINTHROP DRIVE
A motion was made by Supervisor Kerr and seconded by Councilman
Baker that a Public Hearing be held on the 8th day of September
at 4:30 P.M. to consider rezoning from Multi-Family to R-I5
the following tax map parcels as shown on the I968 Tax Map.
72-1-3.2 72 - 1 - 3.14
3.3 3.15
3.4 3.16
3-5 3.17
3.6
3.7
3.8
3.9
3.10
3.11
3.12
3.13
An all "aye" vote carried.
3.18
3.19
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RESOLUTION k2k - TURbACKS
Mr. Cowan reported on the situation at Turbecks Restaurant,
in response to phone calls at the Town Clerks from residents
in the area. Mr. Cowan explained how the ordinance was
being violated.
I 1. Mr. Buyoucos - "Subject to injunction"
; 2. No valid permit
3. Mr. McElwee - "trees not planted."
4. Parking area beyond limits granted in variance.
Discussion ended with Board members insisting that trees be
put in on side of parking lot towards Elmira Road and
resodding of the area (exclusive of original parking lot)
where gravel & top soil was excavated.
Councilman Desch moved that Town Attorney Buyoucos bring
whatever legal action is necessary, because of the construction
and actions taken by Turbeck's at this property in violation
of Zoning Ordinance. Against the present owner. This action
being Such as to cause said owner to;
1. Plant trees as contracted in original variance
2. Restore the parking area to the original area expressly
cited in variance.
3. Resod area where gravel and or top soil was removed.
Councilman DelRosso seconded the motion and an all "aye"
vote carried.
^ * * *
RESOLUTION 425 - NORTHEAST SEWER DISTRICT-BOND
ANTICIPATION NOTE
A motion was made by Supervisor Kerr and seconded by Councilman
n McElwee that the Board approve Renewal of the Northeast Sewer
District Bond Anticipation Note of $500,000 due September 1,
1969 and to pay interest due on said note.
Carried.
* * *
RESOLUTION 426 - TOWN JUSTICE-SCHOOL
Supervisor Kerr made the motion, seconded by Councilman Baker
that Town of Ithaca Justices BE APPROVED for attendance of the
following:
A. Town Justice School
Syracuse Law School
Syracuse, New York - August I5, 16, I969
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B. Magistrates State Conference
Hotel Pines, Fallsburg, New York
September 7 - 10, I969
Carried.
*
8/11/69
88
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RESOLUTION 427 - TRANSFER OF FUNDS
Supervisor Kerr made the motion, seconded by Councilman Desch that
a transfer from Part-Town Funds to Highway Funds of $33,250.00 per
1969 Budget be approved.
Carried.
* * *
RESOLUTION 428 - SPECIAL DISTRICT BOND NOTE^
ACCOUNTS AND TRANSFER TO
GENERAL FgNPg"
Supervisor Kerr made the motion, seconded by Councilman McElwee
to close out the following Special District Bond Anticipation Note
Accounts and transfer them to General Fund.
Northeast Sewer District $68,188.99
Slaterville Road Sewer District l8,204.o7
Ellis Hollow Road Sewer District 7^5^2.04
Snyder Hill Road Water District 5>253.87
An all "aye" vote carried.
* * *
RESOLUTION 429 - CHRISTOPHER LANE-CHRISTOPHER
CIRCLE-UNFINISHED RO^
Mr. Schwan presented picture of unfinished road and scattered
debris. No action had been taken by Mr. Prince since Town Meeting
of July 11, 1969. The Board considered various actions. I i
Councilman Desch made the motion, seconded by Councilman DelRosso
that, the Board pass the following Resolution 4-29. The Town Clerk
to reconfirm letters sent on July 24, 1969 and to further advise:
1. Arthur Prince
2. Otto Schoenfeld
3. Legrand Chase
that No Building Permits will be issued them until, this road is
completed. After September 19^9^ the Town will complete it
and collect for expenses incurred in so doing.
An all "aye" vote carried.
* * *
RESOLUTION 430 - PLANNER-TOWN OF ITHACA
Supervisor Kerr explained thetTowns opportunity to secure a planner ^
who had been interviewed by Frank Liquori and could start September
1, 1969 and who would accept the position for a year. The name of
the planner was not disclosed. Councilman Baker thought a years
probationary time seemed reasonable. Councilman Desch, was con
cerned about benefits to Town*s long interest on the part of a
planner who was employed on a short term basis. He had no
objections about giving him a try. Planner would be for the Town,
but coordinate his effort with County arid State and be directly
responsible to Town Board. League of Women Voters were in
attendance to see what action had been taken by Board towards the
hiring of a planner.
Councilman DelRosso handed out resumes on a qualified woman planner,
who is interested in the position and who will receive future
consideration.
Motion was made by Supervisor Kerr and seconded by Councilman McElwee
that the Town appoint this Planner for a period of one (1) year.
An all "aye" vote carried.
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RESOLUTION 431 - SEWER SERVICE-BECK
MILLER
TOM SOLON
MacNAMEE
NORTHVIEW CO.
^ Letters received from Dr. Beck and Mr. Miller concerning the ommis-
I sion of Sewer Service originally scheduled for their area. Fred
Beck Jr., Atty. appeared and questioned the omission of sewer
services. The Board explained their intent for sewer service
in the area and called on James Dunlop, Lozier Engineer who
explained the rock formation problems, Morse Chain Co. easement,
Raponi Land easement, which held up service in two areas.
• Supervisor Kerr made the motion, seconded by Councilman Desch
that Lozier Engineer make plans to supply sewer service.
Immediate attempts be made to secure easements from Morse Chain
Co. & Raponi, with Mr. Buyoucos to take whatever legal actions,
if any, should the need arise to insure services for all parties.
An all "aye" vote carried.
RESOLUTION 432 - SEWER RENTS ORDINANCE
Proof of Notice having been presented, the Public Hearing was
called to order at 6:15 P.M. by William B. Kerr, Supervisor.
No persons desiring to be heard presented themselves so
Supervisor Kerr terminated the Hearing at 6:20 P.M. A short
discussion ensued by Board Members
Councilman Desch made the motion seconded by Councilman McElwee
that the Board pass the following resolution.
An all "aye" vote carried.
* * *
SEE NEXT PAGE FOR COPY OF SEWER RENTS ORDINANCE
PAGE 90
SEWER RENTS ORDINANCE
Pages 90-A
90-B
90-C
RESOLUTION 433 - SEWER ORDINANCE
Proof of Notice having been presented, the Public Hearing was
called to order at 6:00 P.M. by William B. Kerr, Supervisor.
^ No persons desiring to be heard appeared and Supervisor Kerr ter-
t minated the Hearing at 6:30 P. M.
Board talked briefly and acted quickly with Councilman Desch, mak
ing the motion seconded by Councilman McElwee that the Board pass
the following Resolution.
A CERTIFIED COPY OP THE RESOLUTION IS ATTACHED
HERETO.
An all "aye" vote carried.
* * *
SEE SEWER ORDINANCE RESOLUTION
Pages 92-A through 92-0
9'2
LETTERS AND COMMENTS August 11, I969
Lucente - no action.
Chamber of Commerce - Suggested Resolution - Read and Rejected
City ]3ump - Rate increase is from $1500 - $6500
League of Women ^'^oters - Letter read
George Ideman - Letter read
Harold Kellog - Letter to Jim Dunlop
What contract does Collins share with City for use of Dump.
Robert W. Miller - Letter - Sewer Service
A. Homer MacNamee
B. Tom Solon
Dr. Fred Beck - Sewer Service
Francimone - No Building Permits, No Water or Sewer Services
No Action. New Sewer Ordinance. Certifies Copy
of Sewer Ordinance personally served on Francimone 8/12/69.
James Ode - 102 Spruce Way - Sewer Service
Spruce Way not Town Road when district was formed.
Gruenfeld Claim - Councilman Baker and Councilman McElwee were
appointed to review this claim.
Northeast Drainage Area - Northeast Jr. High School
Write letter to School District. Site & map of school plans
explained by Town Board. Shows this construction creates a greater
drainage problem. What does School District propose to do about it.
Mr. Walter Schwan, Planning Board Chairman to arrange for another
meeting with B.O.C.E.S. (Impounding area insufficient.)
Meeting adjourned at 8:25 P.M.
Edward P. Riley
Town Clerk
Town of Ithaca
(SEE RESOLUTION OF SEWER ORDINANCE ON PAGES 92-A through 92-0)
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92-A
AN ORDINANCE REGULATING THE USE OF PUBLTC" AND PRIVATE SEWERS AND
DRAINS, PRIVATE SEWAGE DISPOSAL, THE INSTALLATION AI^JD CONNECTION
OF BUILDING SEWERS, AND THE DISCHARGE OF WATERS AND WASTES INTO
THE PUBLIC SEWER SYSTEMS: AND PROVIDING PENALTIES FOR VIOLATIONS
THEREOF: IN THE TOm OF ITHACA, COUNTY OF TOMPKINS, STATE OF N.Y.
■ Be it ordained and enacted by the Town Board of the Town
of Ithaca, State of New York, as follows:
ARTICLE I )
Unless the context specifically indicates otherwise, the
meaning of terms used in this ordinance shall be as follows;
SECTION 1. "Building Drain" shall mean that part of the
sanitary
lowest horizontal piping of a/drainage system which receives the
discharge from soil^ waste, and other drainage pipes inside the
walls of the building and conveys it to the building sewer.
SECTION 2. "Building Sewer",also referred to herein as
house sewer or sewer connection, shall mean the extension from the
building drain to the public sewer or other place of disposal.
SECTION 3. "Contracting Municipality" shall mean a
municipality such as the City of Ithaca, the Village of Cayuga
Heights, or other municipality with whom the Town has entered or
may enter into an agreement whereby the said municipality agrees
to receive and treat sewage discharge and waste through its
municipal sewage works.
SECTION 4. "Garbage" shall mean solid wastes from the
domestic and commercial preparation, cooking, and dispensing of
food, and from the handling, storage and sale of produce.
SECTION 5. "Industrial Wastes" shall mean the liquid or
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wastes from industrial manufacturing processes, trade, or business
as distinct from sanitary sewage. V
SECTljON 6. "Natural Outlet" shall mean any outlet into
a watercourse, pond, ditch, lake, or other body of surface or
groundwater.
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AND IMPOSING SEWER RENTS PURSDflNT TOARTICLE 14-f OF THE GENE^ MUNICIPAL taw. - ,
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j WHERB^ T6wn\of Zthaca has constructed and may here-
after construct a public sewer system and has entered into and mayj
hereafter,.into agreements with the Village of Cayuga Heights^ the
City of Ithaca,Aor any other contracting municipality or public ;
agencyjas hereinafter defined for the receipt and treatment of
sewage wastes and: materials; • '•■ ■ ^ .' ... . . ■■■ -r- ■ i •^ ; • -p -y-...
^ l: THEREFORE/^ BE IT. ORDAINED by the Town Board of the
Town of Ithaca: as foilowsi'^ ': ^ ^ ^ / -'T S: "'
SECTIONvl. Use and Purpose •• The design of the sewer
; •' . •,..(• . • ■.. i ■ '.r- ' y.system Is based on the collection of domestic sewage only and the
approval of / the New Yoric Department of Health was given
construction and use^ of sewers, for this purpose only. ^ No connec-v
- "v.:. V'' "^7 7'""=•■ '77'" ' 7^• • "• , ■ . ■ . ■ ■ -:■.; ■-■■■: j'-"' -T^-tion will be permitted to be made tO; the sanitary sewer system which '
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carried .or delivers ;^y substance orVmaterial other than
'■y'X'-- II ®®':'®'?®.' ;P9'nQ3<:ip:;e'ev;age consists: o and liquid wastes
II vtollpt^/7 0inkoV7 laundry;tubs and - washers, both public ' and 7' 7>
h 'IX I. I / automobile washing .'stations / cleaning, or dyeing works / . ^• ■ ''x'ii •' ll"' i '' '«'■■■ ■-*•' ■•'■■; ' ■ - \- • =•'. '• .laundricas and sindlar estabjisl^ bathtubs, shower baths, 'or ,
i ll equivalent plunajing,. fixtures i ': The drainage or flow from'roofs, " ;4"/i/< '
springs, wells, swimming pools, foundation drains#
•; V yf I II roadways, or- similar water drainaae. if? not Hnmocf-n o C0T.rarr£k' sn#7. •f-Ktoadways, or similar.water drainage, is not domestic sewage and thi.y
yM;7y Tf^nto the sanitary sewer system is prohibited; t7j:^::|jV.v7'y _ *.-■<■ " *. > - -• ^ • .■.."■-.•f-;.:'?'
V section72 venues; derived by ^ the Town of Ithaca 7
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rents,- including penalties and interest, shall be!^'k4 V;'- 4'.'II ; • V'' ,. :'X-- "V"' '■ * s ; ^ ...y.i' fr ■ ' Ironod"! toH to a 00004^1 '4..^-i.#., .• «*>•_- .* .t
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/- t-J.t '4 II credited to. a special fund."to be, known as the "Sewer Rent Fund".^'• ■■ ■■ - ■'■ ,v -y" .•■v. -A ,:y. ■ ■•• ■ -I ^ v.in the following order; vV-y'
^ V-:"- A .A. For the payment of any sums of money .
llowed by the Town ;to any contracting municipality. 7 ^ 5
V .y ~ Eor the payment of such other items as
may bo permitted by law relating to the cost of operation, mainten-
ancG and repairs of the public sewer system in the sewer, districts
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from which any such rents were collected. ; ' •= \ . 'Vr
^ A 3,^ The basis of .the charge for such sewer rents
shall bo such as are established from time to time by the contract
ing municipality. " -'a.. ^ 'v--'.,-, •' .;...v „V r . .y ' ■ \ir^ A^ ■■■'-'- A v. ivv;'
';?>!;■ SECTION 4.^ Sewer rents shall become due and shall be" ;•
payable .in accordance with the requirements of the contracting >
I municipality receiving sewage waste materials from or through any
public sewer system.in the Town of Ithaca. ■ a . / /
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.5^-' 1' SECTION ,5." If psrson shall fail to pay any sewer reni
or other charges when due to the oontracting municipality, and the
Town of Ithaca makes^the;payment, of any such sewer rent, or become!
for. the payment thereof ^ .to the contracting municipality
jl ^termsr of. any agreement entered into between the■; A.' ■' '• 11 A- ; - ,V y i r 1 ^ ' j.. , * .• . ;
Town and the said, contracting municipality, or as may be required
- ^ any such event, all such sewer rents so paid or*'
: .rpiaii 'i ^ jj tho Town is Obligated to pay,, shall be deemed to be unpaid
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C" ■ ^ " ^ '• ^.• On- all- sewer rents unpaid, the Town'
• r ' l- jj additional onG*-half . of;• one per cent for each month
the Town, -"The ^ t J y/^y^ A^' Jj ''' " '• ' '• •* ,'v:' ' ' ■; ^ •! * ■ I • .. ■.
pursuant to the \^ ■ r'^y '''f '11 ' ' ' -0 ' ' ^ ' ■"■" •• ' ' ■/j''' ''I ^ rj' . . ^ ;■• -Vi-p |l General Municipal Law as hereto-
^ r'V enacted or hereafter amended.. , This Section shall be ^
^ to edidtely^Qffective'when .i^ published and posted as •T,' \ ^
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SECTION 6. This ordinance shall be in full force and
effect from, and a,fter its passage, approval, recording, and
publication as provided by law.
SECTION 7. Passed and adopted by the Town Board of the
Town of Ithaca, State of New York, on the llth day of August
1969, by the following vote^
Vfilllam B. Kerr, Supervisor VOTING Aye
Andrew W. McElwee, Councilman ' VOTING Aye
Harry U, Baker, Councilman . VOTING Aye
Noel Desch, Councilman VOTING Aye
Victor DelRosso, Councilman . VOTING Aye
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92.B
SECTION 7. "Person" shall mean any individual, firm,
company, association, society, corporation, or group.
SECTION 8. "pH" shall mean the logarithm of the reciprocajL
of the weight of hydrogen ions in grams per liter of solution.
SECTION 9. "Properly Shredded Garbage" shall mean the wastes
from the preparation, cooking, and dispensing of food that have
been shredded to such a degree that all particles will be carried
freely under the flow conditions normally prevailing in public
sewers,- with no particle greater than one-half (1/2) inch (1.27
centimeters) in any dimension.
SECTION 10. "Public Sewer" shall mean a sewer in which
all owners of abutting properties have'equal rights, and is con
trolled by public authority.
SECTION 11. "Sanitary Sewer" shall mean a sewer which
carries sewage and to which storm, surface, and groundv/aters are
not intentionally admitted.
SECTION 12.. "Sewage" shall mean a combination of the
water-carried wastes from residences, business buildings,
institutions, and industrial establishments, together with such
ground, surface, and stormwaters as may be present.
SECTION 13.n "Sewage Works" shall mean all facilities
for collecting, pumping, treating, and disposing of sewage.
SECTION 14. "Sewer" shall mean a pipe or conduit for
carrying sewage.
SECTION 15. "Sewer Inspector" or "Sewer Superintendent"
shall mean any person appointed by "the Town Board who shall be the
Board's, authorized agent and representative in the administration
and enforcement of this ordinance and shall exercise those powers
delegated to him in this ordinance or which may be reasonably -
required to carry out such powers. Until such time as a Sewer
Inspector or Sewer Superintendent is appointed, any such powers
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shall be exercised by such person or persons as the Town Board
may designate.;
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ARTICLE II
Use of Public Sewers Required
SECTION 1. It shall be unlawful for any person to place,
deposit, or permit to be deposited in any unsanitary manner on
public or private property within the Town of Ithaca, or in any
area under the jurisdiction of said Town, any human or animal
excrement, garbage, or other objectionable waste.
SECTION 2. It shall be unlawful to discharge to any
natural outlet within the Town or in any area under the jurisdic
tion of said Town, any sewage or other polluted waters, except
where suitable treatment has been provided in accordance with
subsequent provisions of this ordinance.
SECTION 3. Except as hereinafter provided, it shall be
unlawful to construct or maintain any privy, privy vault, septic
tank, cesspool, pr other facility intended or used for the dis
posal of sewage.
SECTION 4. A, Except as otherwise provided in this
Article, the owner of any house, building or any property used
for human occupancy, employment, recreation, commerce, manufactur
ing or other purpose, situated within the Town of Ithaca and
abutting on any street, thoroughfare or right of v/ay in v;hich
there is located a Town public sev/er or, if such Town public
sewer is otherwise available or accessible to such house, building
or property, is hereby required at his expense to connect with
the Town public sewer and, also, at his expense, to install suit
able plumbing and toilet facilities therein and to connect such
facilities directly with the public sewer in accordance with the
provisions of this ordinance, and even if sewage collection and
disposal facilities are provided by any other public agency in
such area.
B. Except as otherwise provided herein,
such connection must be made within fortv-five ('15) days ai'tor
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date of official; notice to do so, except that any new building or
construction completed after the date on v/hich such public sev/er
became available for connection shall be connected to such public
sewer prior to occupancy or use of such building.
C. Notwithstanding the foregoing provisions
of this Section, no house or building which was connected to a
private sewage disposal system when a public sewer became avail
able in or through any sewer district heretofore established,
shall be required to connect with any such public sewer until the
expiration of ten (10) years after such public sev/er became
available for connection, unless;
1. - Such connection is required by .The
Tompkins County Health Department or other public body or agency
having similar jurisdiction, or
2. . Such private sewage disposal facili
ties are not functioning satisfactorily or require substantial
alterations or additions thereto,
3. In either of the foregoing cases,
a written notice shall be served upon the owner or occupant of
any such building by The Tompkins County Health Department, the.
Town Board, or its duly authorized agent which shall set forth the
reasons requiring connection to the public sewer and such connec
tion must be made by any such owner or occupant within thirty (30)
days after the date of any such notice.
D. The provisions of sub-paragraph "C" of
this Section shall apply to any such house or building located in
except as modified by and
any sewer district hereinafter establisheci/i''>ubject to such rules,
regulations or resolutions which may be adopted by the Town Board
SECTION 5. Where there are unusual and extreme practical!
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difficulties in requiring a house or building to be connected v/ith|
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a public sewer as required in this Article, the Tovrn Board may |
exempt an owner of such house or building from the requirement of :
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connecting with the public sewer under such terms and conditions
as it may require and until such time as such exemption is
cancelled by the Town Board, provided that:
A, The ov/ner of any such property shall
have filed a written appeal to the Town Board setting forth the
circumstances, the practical difficulties encountered and such
other pertinent infomnation as the Board may require/ and
D. The Torapkins County Health Department
has consented to such exemption.
SECTION No house or building shall be connected to the j
puJ^lic sewer unless a valid building permit has been issued for
the construction, repair or alteration of said house or building.
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ARTICLE IV
Building Sewers and Connections |
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SECTION 1. No unauthorized person shall uncover, make any
connections with or opening into, use, alter, or disturb any
public sewer or appurtenance thereof without first obtaining a
written permit from the Sewer Inspector or other authorized person,
SECTION 2. There shall be two (2) classes of building
sewer permits: (a) for residential and commercial service, and
(b) for service to establishments producing industrial wastes. In
either caso, the owner or his agent shall make application on a
special form furnished by. the Town. The permit application shall
be supplemented by any plans, specifications, or other information!
considered pertinent in the judgment of the Sewer Inspector. At
the time the application is filed, a permit and inspection fee
shall be charged in such amount as the Town Board may from time
to time establish for such purpose. Such permit shall be kept
at the site of the work and be available for inspection by any
officer or agent of the Town. Any applicant for a permit shall be
required to furnish a sufficient insurance policy or bond protect
ing the Town against any liability for injuries to persons or
property or to indemnify the Town against any loss or damage which
it may sustain. ^
A. Notwithstanding anything hereinbefore
contained, the issuance of the permit shall be subject to such
further requirements as may be required by any contracting munici
pality. The Town Board may designate such contracting municipality
as its agent for the purpose of issuing permits.
, " B. The Town Board or its duly designated
agent may revoke such permit upon written notification to the
person to whom it was granted if the work is not being done in
compliance with the requirements of this ordinance and any
applicable rules and regulations, or is not being performed in a
competent manner, or is not being completed v/ithin a reasonable
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time after the commencement thereof, of is endangering or may
reasonably endanger persons or property, or upon such other ground
as the Town Board or its duly designated agent may deem to be
justifiable.
SECTION 3. All costs and expenses incident to the install
ation and connection of the building sewer and t]ie repair, mainten
ance and replacement thereof shall be borne by the owner. The
owner shall indemnify the Town from any loss or damage that may
directly or indirectly be occasioned by any such installation,
connection, repair, maintenance and replacement and any work done
in connection therewith.
SECTION 4. A separate and independent building sewer
shall be provided for every building; except where one building
stands at the rear of another on an interior lot and no private
sewer is available or can be constructed to the rear building
through an adjoining alley, court, yard, or drivev/ay, the building
sewer from the front building may be extended to the rear building
and the whole considered as one building sev/er,
, SECTION 5. • Old building sewers may be used in connection
with new buildings only v/hen they are found, on examination and test
by the Sewer Inspector or other authorized person, to meet all
requirements of this ordinance.
SECTION 6. The size, slope, alignment, materials of const-ruc
tion of a building sewer, and the methods to be used in excavating.
and the connection thereof to the public sewer,
placing of the pipe,/jointing, testing, ana backfilling the trench.
shall all conform to the requirements of the building and plumbing
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code or other applicable rules and regulations of (a) the Town, and
(b) those contained in chapter 23 of the Code of Ordinances of
or other applicable laws, rules and regulations of said Citv,
the City of Ithaca, New York/as the same may be from time to time
amended as they apply to sewer services, and (c) in addition, when
or anv other municioalitv
the contracting municipality is the Village of Cayuga Heights/ any
additional requirements contained in—any^duly adopted ordinance of j
municipality. I
said Xtiddsagac. All connections shall be made gas-tight and water- 1
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tight. In the absence of code provisions or any applicable lav/s,
rules and regulations as aforesaid, or in amplification thereof,
the materials and procedures set forth in appropriate specificatior].s
of the A.S.T.M. and W.P.C.F. Manual of Practice No. 9 shall apply.
SECTION 7, Whenever possible, the building sewer shall
be brought to tho building at an elevation below the basement
floor. In all buildings in which any building drain is too low
to permit gravity flow to the public sewer, sanitary sewage carrie^i
by such building drain shall be lifted by an approved means and
discharged to the building sewer.
SECTION' 8. No person shall make connection of roof down-j
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spouts, exterior foundation drains, areaway drains, or otner sourcv^s
of surface runoff or groundwater to a building sewer or building
drain which in turn is connected directly or indirectly to a
public sanitary sewer.
SECTION 9. The applicant for the building sewer permit
shall notify the Sewer Inspector, or other authorized person and
in the case of a contracting municipality, the authorized person
of said municipality, when the building sewer is ready for inspec
tion and connection to the public sewer. The connection shall be
made under the supervision of said authorized person.
SECTION 10. All excavations for building sewer installa
tion shall be adequately guarded with barricades and lights so as
to protect the public from hazard. Streets, sidewalks, parkways,
and other public property disturbed in the course of the work
shall be restored in a manner satisfactory to the Town and to any
other municipality having jurisdiction and control of said highway
ARTICLE V
SECTION 1. No personal shall discharge or cause to be
discharged any stormwater, surface water, groundv/ater, roof runoff
subsurface drainage, uncontciminated cooling water, pr unpolluted
industrial process waters to any sanitary sewer.
SECTION 2. Stormwater and all other unpolluted drainage
shall be discharged to such sewers as arc specifically dosignatOv\ j
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as combined sewers or storm sewers, or to a natural outlet approver;
by the Sewer Inspector or other person authorized by the To\vn
Board. Industrial cooling water or unpolluted process waters
may be discharged, on approval of the Sewer Inspector or other
authorized person, to a storm sewer, combined sewer, or natural
outlet.
SECTION 3, No person sJiall di:;char(je or cause to be
discharged into any—public-s£wer^pr_s^anitary sewer any waters,
wastes, or any materials, which are prohibited by the laws,
ordinances or other applicable rules and regulations of any con
tracting municipality and, in addition thereto, and v/ithout limit
ing the generality of the foregoing, any of the following;
•A. Any storm or surface water, drainage or
flow from roofs, cellars, cistern tank, springs, wells or swimming
pools, or, except as may be permitted by the contracting municipall
ity and the Town Board, any discharge from a vehicles v/ashrack (unless'
1
preceded by a grease oil and sand interceptor approved by the Sewe^'
Inspector), or washmotor or from any air conditioning machine or
refrigerator unit.
B. Any gasoline, benzene, naphtha, fuel oil,
or other flammable or explosive liquid, solid, or gas.
C. Any waters or v;astes containing toxic or
poisonous solids, liquids, or gases in sufficient quantity, either
singly or by interaction with other wastes, to injure or interfere
with any sewage treatment process, constitute a hazard to humans
or animals, create a public nuisance, or create any hazard in the
receiving waters of the sewage treatment plant, including but not
limited to cyanides, radioactive materials, or isotopes or oth.er
substances the discharge of which are either prohibited entirely
or beyond certain limits as provided in and by the Ordinances,"
laws, rules and regulations of any contracting municipality receiving
such waters and wastes for treatment or by any rules, regulations
or
or laws of the Town Board/by any applicable federal or st^scc laws.
rules or regulations.
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D. Waters or wastes containing substances
which are not amenable to treatment or reduction by the sewage
treatment processes employed, or are amenable to treatment only
to such degree that the sewage treatment plan effluent cannot
meet the requirements of the contracting municipalities or other |
agencies having jurisdiction over discharge, to the receiving water.l.
SECTION A, XL' any waters or are discharged, or arvi
proposed to be discharged to the public sewers, v/hich contain the
substances and possess the characteristics described in other
provisions of this Article or which may have a deleterious effect
upon the sewage works, processes, equipment, or receiving waters,
of which othorwisQ create a hazard to life or constitute a public
nuisance, the Sewer Inspector or other authorized person may;
A. Reject the wastes and sever the connection
and cause the removal of any sewer, sewer pipe or drain through
which such substances are discharged,
B. Require pretreatment to an acceptable
condition for discharge to the public sewers.
C. Require control over the cuantities and rabies
i
of discharge, and/or j
D. Require payment to cover the added cost of
handling and treating the wastes not covered by existing taxes j
or sewer charges under the provisions of Sggtisxxxxxxxs2 this |
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AxtxEifix ordinance or any other law, ordinance, rule or .regulatroni,
of the Town or contracting municipality. j
E. No action shall be taken under paragraph j
"A" of this section unless the Town shall give the owner or j
occupant of the premises at least forty-oight (4i') hours notice inl
writing sttiting the action to bo taken and the gnovuKis thorolor; j
except that such notice shall not be required if irrmiediate action
is necessary to prevent injury to the public sev7er system or any
part thereof in the reasonable discretion of the Town or any
authorized officer or employee of the Tov/n or contracting munici
pality.
SECTION 5. Grease, oil, and sand interceptors shall be
provided when, in tho opinion of tlio Towji ru)vU.d, it.s duly authoriz
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representative or the contracting municipality, they are necessarv
for the proper handling of liquid wastes containing grease in
excessive amounts, or any flammable wastes, sand, or other harmful
ingredients.
SECTION 6. All measurements, tests, and analyses of the
characteristics of waters and wastes to which reference is made in
this ordinance shall be deteimiined in accordance v/ith the latest
edition of "Standard Methods for the Examination of Water and
Wastewater", published by the American Public Health Association,
Iand shall be determined at the control manhole provided, or upon
suitable samples taken at said control manhole. In the event that j
no special manhole has been required, the control manhole shall
be considered to be the nearest downstream manhole in the public
sewer to the point at which the building sewer is connected.
Sampling shall be carried out by customarily accepted methods to
reflect the effect of constituents upon the sewage works and to
determine the existence of hazards to life, limb, and property.
SECTION 7. No statement contained in this Article shall
be construed as preventing any special agreement or arrangement
between the Town and any industrial concern whereby an industrial
waste or unusual strength or. character may be accepted for treat
ment subject to payment therefor by the industrial concern and
provided that all requirements and conditions of any contracting
municipality are met.
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ARTICLE VI
SECTION 1. No unauthorized~person shall ir.aliciously, V7ill-
fully, or negligently break, damage, destroy, uncover, deface, or
tamper with any structure, appurtenance, or equipment vrhich is a
part of the sewage works. Any person violating this provision
shall be subject to arrest under charge of disorderly conduct.
ARTICLE VII
SECTION 1. The Sewer Inspector and other duly authorized
employees or representatives of the Town, and of any contracting
municipality, bearing proper credentials and identification shall
be peinnitted to enter all properties for the purposes of inspec
tion, observation, measurement, sampling, and testing in accordancq
v;ith the provisions of this ordinance, all the foregoing not to
be carried out beyond a point having a direct bearing on the
kind cind source of discharge to the sewers or v/aterwavs or facilities
I
for waste treatment. The foregoing shall also apply for the pur- j
poses of but not limited to inspection, pberservation, measurement|
sampling, repair and maintenance of any portion of the sewage work^
lying within any duly negotiated easements between the Town and
any private property owner.
ARTICLE VIII
SECTION' 1. Any person found to be violating any provision
of this ordinance except Article VI shall be served by the Town
with written notice stating the nature of the violation and
providing a reasonable time limit for the satisfactory correction
thereof. The offender shall, within the period of time stated
in such notice, permanently cease all violations.
SECTION 2. Any person who shall coutinuci any violation
beyond the time limit provided for in Article VIII, Section 1, sha].l
be guilty of a misdemeanor, and on conviction thereof shall be
fined in the amount not exceeding $500.00 for each violation. Each
day in which any such violation shall continue shall be deemed I
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a separate offense. . j
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SECTION 3. Any person violating any of the provisions j
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of this ordinance shall become liable to the Tov/n for any expense, i
loss, or damage occasioned the Tov/n by reason of such violation.
ARTICLE IX
SECTION 1, All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
SECTION 2, The invalidiLy of any section, clause, sentence,
i
or provision of this ordinance shall not affect the validity of |
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any other part of this ordinance which can be given effect without !
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such invalid part or parts.
ARTICLE X
SECTION 1.. This ordinance shall be in full force and
effect from and after its passage, approval, recording, and
publication as provided by law.
SECTION 2. Passed and adopted by the Town Board of the
Town of Ithaca, State of New York, on the llth day of ' ' August
1969, by the following vote;
William B. Kerr, Supervisor VOTING
Andrew W. McElwee, Councilman VOTING
Noel Desch, Councilman VOTING
Harry U. Baker, Councilman VOTING
Victor DelRosso, Councilman VOTING
Aye
Aye
Aye
Aye
Aye
/o ciy /ty
1
RESOLUTION 43^ - REZONING OF TWO (2)
PARCELS- (A) AND (B)
OF FORMER S.W. BARNES
LAND NE CORNER JUDD
FALLS-ELLIS HOLLOTROADS
(A) An approximately 7/10 acre strip or gore of land along the wester
ly side of the proposed Forest Home By-Pass Road. From Multiple
Residence to Business "C".
(B) A parcel of about 2.2 acres lying adjacent south of (A) and
bound easterly by the west line of said proposed By-Pass Road,
westerly by the 3.02 acre "Barnes Reserve" and southerly by the
Ellis Hollow Road from Multiple Residence to Business "d".
Proof of notice having been presented the Public Hearing was called to
order by William B. Kerr, Supervisor at 4:30 P.M.
About 30 people were in attendance, including the League of Women
Voters.
Those speaking against the proposal were Mrs. Nancy Krook
Mrs. Margaret Carmichael
Mr. George Ideman
Mrs. Roger Livesay
Mrs. Killings
Mrs. Ruth Fisher
Those speaking for the proposal were Mr. Edward King, Atty.
Mr. Ben Boynton
Objections Offered:
1^ Not a small neighborhood center
2) Seemed too commercial
3) Project is at least 5 years away4j Enough Gas stations in area
5) No guarantee of Forest Home By-Pass
61 Over-emphasis-on-soliciting trade
7) Over crowded Highways
8) Protection of School Children
9) No proven need.
Those speaking in favor:
1) Cornell will have 20,000 students
Area will greatly increase in density
Better service with (2) gas stations
no monopoly
Gas Stations approximately 600 feet apart
Money support offered by Oil Companies
Bank is in favor
Will establish a pattern of zoning calculated
to serve the welfare of the area.
All persons desiring to be heard having been heard. Supervisor Kerr
terminated the hearing at 5:45 P.M.
The following Resolution was offered by Councilman McElwee who moved
its adoption and was seconded by Supervisor Kerr that the following
parcels be rezoned to Business "C".
A vote was taken with the following votes cast:
, (A) (B)
Name 7/10 A^. Strip 2.2 A. Parcel
William B. Kerr, Supervisor Aye Aye
Andrew W. McElwee, Councilman Aye Aye
Noel Cesch, Councilman Nay Aye
Harry U. Baker, Councilman Aye Aye
Victor DelRosso, Councilman Nay Aye
A CERTIFIED COPY OF THE RESOLUTION IS ATTACHED HERETO:
94
LETTERS-COMMENTS August 11, I969
Lucente -j no action.
Chamber of Commerce -j Suggested Resolution ^ Read and Rejected
City Dump - Rate increase is from $1500 - $6500
League of Women Voters - Letter read
George Ideman - Letter read
Harold Kellog - Letter to Jim Dunlop
What contract does Collins share with City for use of Dump.
kobert W. Miller - Letter - Sewer Service
A. Homer MacNamee
B. Tom Solon
Dr. FredBeck - Sewer Service
Francimone - No Building Permits3 No Water or Sewer Services
No Action. New Sewer Ordinaince, Certified Copy
of Sewer Ordinance personally served on Francimone 8/12/69,
James Ode - 102 Spruce Way - Sewer Service
Spruce Way not Town Road when district was formed.
Gruenfeld Claim - Councilman Baker and Councilman McElwee were
appointed to review this claim.
Northeast Drainage Area - Northeast Jr. High School
Write letter to School District. Site & map of school plans
explained by Town Board. Shows this construction creates a
greater drainage problem. What does School District propose to
do about it. Mr. Walter Schwanj Planning Board Chairman to
arrange for another meeting with B.O.C.E.S. (Impounding area
insufficient.)
Meeting adjourned at 8:25 P.M.
Edward P. Riley
Town Clerk
Town of Ithaca
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