HomeMy WebLinkAbout2003-08-26 - TB TOWN OF ULYSSES
SPECIAL BOARD MEETING
AUGUST 26 , 2003
PRESENT : Supervisor Douglas Austic ; Councilpeople Carolyn Duddleston, Lee Scott,
and Robert Weatherby; Councilwoman Sue Poelvoorde absent (submitted written
comments) ; Marsha L. Georgia, Ulysses Town Clerk.
Supervisor Austic called the meeting to order to review the draft "Local Law No . 1 of
2003 titled Town of Ulysses Public Water that was drafted by Barton & Loguidice, P . C .
Attorney Bruce Wilson has reviewed the law and stated (in a letter to Supervisor Austic)
that upon his review the law is very good and he only has minor comments . Copies of
these comments were distributed to the Board . Also Ms . Poelvoorde is out of town but
she left her comments with Mr. Austic .
The following are the changes made to the Local Law .
1 . 0 Definitions
1 . 2 Customer - Attorney Wilson suggested that the term "user" be added to this
definition since user is not defined but the term is used extensively under Article 14
Enforcement & Penalties section and he believes it intends to refer to the customer, as the
user. This would avoid changing all of Article 14 reference. So therefore 1 .2 will read
Customer/User. It will be changed also in the Table of Contents .
1 . 6 Engineer - Ms Poelvoorde suggested "possessing licenses to practice engineering
and conduct business in New York State be moved up to be right after the word firm in
the first line.
1 . 7 Extension — Attorney Wilson suggested omitting the "more than one" reference
since we may be having a one-user/customer extension .
1 . 10 Premises — add such before as buildings .
1 . 16 Town Engineer — add the before Town Board .
Add in the definition for "Registered Contractor" which would be 1 . 12 and change others
to follow .
1 . 12 Register Contractor — One who has submitted to the Town proof of required
insurance, received a copy of the official Town of Ulysses Standard Specifications and
Details for Water Facilities, paid the required fee, and agreed to abide by Town
Specifications and Local Law.
2 . 0 General
2 . 2 Authority of Superintendent
2nd paragraph was changed to read — By authorization of the Town Board through a
resolution, the Superintendent may shut off the water supply and the meter removed
whenever any of the provisions of these rules, regulations and ordinances are violated.
3rd paragraph — change reasonable hours to during normal business hours -- change meter
to the meters and change using water to water use.
3 . 0 Permits
3 . 1 Permit Required — add and after therefore — delete the phrase where cause exists in
the last sentence.
Special Town Board
08/26/2003
3 . 2 Application for Permit — Start a new sentence at use of water- — add that before
mentioned- change in behalf to on behalf — the last sentence add the word "public" in
front of right of way.
4. 0 Water Service installations and Maintenance
4 . 1 Authority to connect to Water Mains — 1st paragraph - change consumer' s to
customers — where it says so to do change it to read to do so — and where it states licensed
plumber change it to read registered contractors with the Town ofUlysses . 2nd paragraph
remove licensed plumber and replace with registered contractor.
4 . 2 License of Plumbers — change title to Registered Contractors — change where it
states licensed to registered — change the reference of he and himself to he/she and
herself/himself — change plumber to contractor and change license fee to registration fee.
Where it states the Town Board may revoke the license change to the Town Board may
remove the Contractor from the registration list.
4 . 3 Bond Requirement — delete this
4 .4 Insurance Requirements — this would become 4 . 3
4 . 5 Inspection by Superintendent — now 4 . 4 — change distributing to distribution —
change consumer' s to customers
4 . 6 Highway Work Permits May Be Required — now 4 . 5 — change the word opened to
altered, excavated or utilized .
4 . 8 Modifications in Event of Ground Surface Changes — now 4 . 7 — add written in front
of approval in the last sentence.
4 . 9 Maintenance Customer ' s Responsibility — now 4. 8 - change title to Customers
Maintenance Responsibility — change his own expense to their own expense.
4. 10 Notice Required For Service Shutoff — now 4 . 9 — change notice thereof should be
to notice shall be — and insert the before meter.
4. 11 Building Plumbing Drain Required now 4. 10 — change consumer' s to customer' s
4. 15 Temporary Water Service or Usage — now 4 . 14 — change the first sentence to read
— Application shall be made to the superintendent, to permit the temporary usage of
water. In the next sentence change Superintendent to Town Board.
5 . 0 Water Meters
5 .2 Maintenance and Replacement of Meters — last sentence add written before consent.
6 . 0 Cross Connection Control
6 .4 Separate Sources of Water Restricted — 1st sentence — change owner(s) of all houses,
buildings, or properties to owner(s) of all vacant premises — delete now located or may, in
the future be — and delete except that such separate sources existing in Water District
Nos . 1 through 4 prior to the effective date shall be allowed unless otherwise prohibited
by New York State Law or regulatory action of the Tompkins County Health Department
or other agency having jurisdiction.
8 . 0 Extensions of Water Systems
8 . 4 Testing and Certifications — spell out AWWA — American Water Works Association
8 . 7 Easements — last sentence change born to borne
8 . 8 Restoration — remove the word superior
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08/26/2003
9 . 0 Right to Restrict Water Use
9 . 1 Circumstances Warranting Restriction — last sentence - add the word prior in front of
notice .
9 . 3 Moratorium - #4 should be continues — the sentence starting with Town Board
should be right after system in #4
10 . 0 Charges and Bills
10. 3 Delinquent Payments — date of billing should be changed to date of payment due —
2% should be changed to 6% (because this is what the Town of Ithaca will be charging
us) . The Town Attorney wants this paragraph added in this section. This may overlap a
little here, but covers a concern of Mr. Wilson ' s that he has under the RPTL re-levy
statute. "All delinquent payments , inclusive of user fees , water services charges,
penalties, interest and other outstanding permit or other water charges due under this law
are hereby declared liens on the real property serviced or connected to the public water
system, and as such shall be added to the real property tax levy of the Town and collected
in like manner as other tax levies pursuant to Town Law and the New York State Real
Property Tax Law. "
11 . 0 Steam Boilers and Hot Water Tanks — last sentence — change shutting to shut and
from to to .
13 . 0 Provisions Related to Intercommunity Agreements
13 . 3 Town of Ithaca' s Approval of Improvements Required — put the before Town of
Ithaca
13 . 6 Service Connections Made by Town — add of Ulysses to this title
14 . 0 Enforcement and Penalty
14 . 1 . 3 , 14. 1 .4 and 14 . 1 . 5 and a #4 to read "accept the petition in full or in part"
14 . 1 . 6 the first sentence should read " State or Federal " not and .
Where show cause is written it should be show-cause and where there is he it should be
he/she .
14 . 1 . 7 — first sentence delete it has and change demonstrated to demonstrating and delete
its
14 . 1 . 8 the last sentence needs to be deleted because it is in there twice.
14 . 1 . 9 last sentence delete its
14 . 1 . 10 needs a period at the end of the sentence
14 . 2 Judicial Remedies
14 . 2 . 1 last sentence needs water in front of sampling
14.2 . 5 per Attorney — under this section, mid-way down on summary abatement, use
after "or such form" the words "as is necessary in his or her opinion to stop the practices,
and proscribe".
17 . 0 Effective Date — change it to Office of the New York State Secretary of State.
The Board finished with the changes and corrections of the Law and set a date for the
Public Hearing on the Law to be September 11 , 2003 at 7 : 00 pm and decided to hold it at
the Jacksonville Church to accommodate more people .
Special Town Board
08/26/2003
Hearing no further business the meeting was closed .
Respectfully submitted,
Marsha L. Georgia
Ulysses Town Clerk
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