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HomeMy WebLinkAboutTB Correspondence 2003 Tee Ann Hunter From: Merry Jo Bauer[mjb921 @lightlink.com] 01st: Monday,January 13, 2003 3:19 PM .J: Tee Ann Hunter Subject: Cable Chs.78 and SCOLA TeeAnn - would it be possible for you to distribute this e-mail to the Board members and Mrs. Valentino at tonite's meeting? I just learned of the meeting today and cannot attend in person.Thank you. Merry Jo Bauer 921 Coddington Rd. To the Town of Ithaca Board Members: In reading the papers about the scheduled disappearance of Cable Ch. 78 and SCOLA, I got the impression that this was somehow only a function of the City of Ithaca, but apparently the Town Board also participated in negotiations with T-W Cable and apparently agreed to the elimination of Cable Ch. 78 and SCOLA. I would respectfully request that you reconsider your decision. I feel that both of those channels are a true community service, far more than 2 more commercial channels could possibly be on an already super-crowded cable line-up. Earlier this month I received my cable bill and noticed that it had increased by $7.00. Not a whole lot, but I did not notice that I was getting anything extra for my $7.00. NOW I find that I am actually losing 2 channels for my $7.00! I do watch Ch. 78 as it often broadcasts �ommunity (not government) meetings which interest me and were often tings which I was unable to attend, altho' I would have liked to. ..i tho' I do not watch SCOLA I know that our large foreign-language community here in Tompkins Co. does watch it. If you have ever been in a foreign country where English is not the predominant language weren't you delighted when you could get the BBC or CNN International? I certainly have been, and I would want that for our foreign visitors, students and their families, new immigrants. SCOLA is an incredible service (I did watch it years ago when I was taking Spanish lessons and the teacher required students to watch it) and being on 24 hours a day obviously serves many more groups of people/languages than will be possible if it is just a part of Cable. Ch. 16. It seems to me that maintaining these two channels in their present form is little enough to ask of Time-Warner Cable Co. which charges all of us very handsome fees each month (my monthly bill now runs $69.00 and change and we don't even have ONE Premium channel) . Thank you. Merry Jo Bauer 921 Coddington Rd. Town of Ithaca 1 r, wm AA STATE OF NEWYORK � l y k DEPARTMENT OF TRANSPORTATION 333 EAST WASHINGTON STREET SYRACUSE, N.Y. 13202 JON P. E DING Jnr Rc�n�, xC���e�,�°�carz .�cr� m"fr:�B� n ^" 7 _.......w. January 15, 2063 Honorable Catherine Valentino Supervisor, Town of Ithaca 215 N. Tioga Street Ithaca, NY 14850 Dear Ms.. Valentino: RE: ROUTE 365 OVER CASCADILLA CREEK TOWN OF ITHACA, D259081 PINI 3033.16 Thank you for your cooperation with our Department as we have progressed the Route 366 bridge replacement project. We wouild Pike to make you aware of a recent change to our plans for the project. At this time we are confronted with financial and policy constraints relative to the proposed stamped asphalt crosswalks in the project. The overall cost of installation is prohibitive. Additionally, statewide, there are concerns surrounding the use of colored/textured surfaces in the roadway. These concerns include long term maintenance, durability, and the Americans with Disabilities Act conflicts. After much consideration and debate, we have concluded that we will not be able to install the stamped asphalt crosswalks. However, we will be installing high visibility crosswalks. High visibility crosswalks consist of whine painted stripes which provide high contrast and a safe pedestrian system. Please let me know if you have any questions or concerns. Thank you for your consideration of this mutter, ly yours, 2 7J�o/hnE. Fietze, P.E. , ' Regional Design Engineer Cheryl 11orney Telephone:607 254-8687 bivironniepthd Compliarice Coorchizator Fax:607 255-5377 ErIvironmental Compliance Office E-mail cah65@IcornelLedu Planning,Desipi,anti Cotistruction Webeco.pi1c.cornelLedu Cornell University Facilities Services 129 Humphreys service Building Ithaca,NY 14853-3701 rl� Lill January 16, 2003 JAN A,TrE sr Catherine Valentino Supervisor, Town of Ithaca ------ 215 N. Tioga Street Ithaca, NY 14850 RE: Cornell University Lake Source Cooling SPDES Permit Requirement for signage near the LSC outfall Dear Ms. Valentino: This letter is to inform you that the New York State Department of Environmental Conservation (NYSDEC) requires all State Pollutant Discharge Elimination System (SPDES) permittees to post signs near the outfall of their SPI)ES, discharge, There are specific requirements for the sign, and these requirements, were discussed at the Lake Source Cooling (LSC) Data Sharing Group Meeting on Jan. 1.5, 2003 with Jonathan Kanter, We have the option of requesting to waive this requirement because the distance cif the out-fall location to the shoreline is greater than 200 feet. Because the shoreline near the LSC outfall is a town park and is a scenic shoreline, Jonathan Kanter agreed that a request to waive this requirement is preferable. We are asking for your support in this matter. The Notice of Waiver Form must be submitted to the NYSDEC by Jan. 31, 2003, We would appreciate your support by drafting a letter that we would QCn Environmental CoryipYiance Office Catherine Valentino,Town of Ithaca Jan. 16,2003 Page 2 poft� attach to the Notice of Waiver Form for submittal to the NYSDEC. We feel that your support will help assure the receipt of a waiver from the NYSDEC. I will contact you in the near future to discuss this letter in more detail. You are also welcome to call me at(607) 254-8687. Thank you for your attention in this matter. Sincerely, i Cheryl A. Horney Environmental Compliance Coordinator cc: Jonathan Kanter, Town of Ithaca James R. Adams,Cornell University John C. Gutenberger, Cornell University r� Patrick O. McNally,Cornell University Edward R. Wilson, Cornell University SPDFS_signage_waiver_town_support_request0103.doc cah 1/16/03 OF 17, TOWN OF ITHACA 215 N. Tioga Street, Ithaca, N.Y. 14850 www.townJthaca.ny.us TOWN CLERK 273-1721 HIGHWAY(Roads,Parks,Trails,WaterMewer)273-1656 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX(607)273-1704 January 23,2003 Cheryl A. Homey, Environmental Compliance Coordinator Cornell University 129 Humphreys Service Building Ithaca,NY 14853-3701 Re: Cornell University Lake Source Cooling SPDES Permit Requirement for Signage Near the LSC Outfall Dear Ms. Homey: I understand from your letter dated January 16,2003, that the New York State Department of Environmental Conservation (NYSDEC)is requiring Cornell University to install a sign near the outfall of the Lake Source Cooling discharge as part of the State Pollutant Discharge Elimination System(SPDES)permit. You indicated that Cornell has the option of requesting a waiver of the requirement for a sign because the distance of the outfall location to the shoreline is greater than 200 feet, and that Cornell plans to submit a Notice of Waiver Form to NYSDEC. On behalf of the Town of Ithaca, I would like to strongly support such a waiver request. The Town of Ithaca has a ninety-nine year license agreement with Cornell to use this shoreline area of the Lake Source Cooling site as a public waterfront park. This scenic shoreline park has become a popular spot for picnicking,walking, and enjoying views of Cayuga Lake. It is our opinion that the addition of a sign marking the location of the outfall pipe would detract from the scenic character of this Town park. I therefore would urge NYSDEC to grant Cornell's request for a waiver of the requirement for such a sign. Thank you for requesting the Town's input on this matter. Sincerely, Catherine Valentino, Supervisor Town of Ithaca 1/30/03 A Level Field All government and educational plus most businesses have continued to gime health insurance to employees at time of retirement, at. age 65 this picks up the 20% that (Medicare does not cover. Blue Cross - Blue Shield (without medicine benefit) is $438.00 per person per quarter. Health Insurance was received as part of bargaining for yearly raises at all gov't and schools. It is therefore INCOME. Now we all know no elected politician is going to include this as income, as it would cost them money and: votes. So to be fair, they should let a senior that doesn't have this gift, deduct their cost of health insurance from their property tax, also this would give us a Level Playing Field'. Also remember that these seniors are paying for the above free gift as tax payers. If one speaks to any these people with the gift, they will say it is part of their retirement. (INCOME?) In mid ,January employees of General Electric went on strike for two days complaining about the company raising health insurance cost to employees. The employees said it was cutting into their wages, so again it most be considered income. A couple over 65 can easily spend over $5,000.00 a year when medicine is included in their health care cost. This would greatly help us afford to stay in our homes a few years longer. Remember also that not everyone has a pension, a vehicle that doesn't decrease in bad times. Thay0 ° Lelar + . Wild inson., ( 51 East King Road Ithaca, NY 14850 1../c The South Hill Recreation Way is a treasure located in the City of Ithaca, lead out to the Six Mile Cry and the Town of Ithaca. Only a few blocks n the Ithaca Commons,City Hall and Ithaca College, it is used 365&ys a year lay wilkeii,bird watchers,b cye•lists, driers,chi students,dogs, ` neighbors and visitors of all ages and activity levels,thanks to the handicapped accessibility features. A mllaborativer project created by a private benefactor(Therm,Inc.),The City and the,Towyn of Ithaca,and the Boy Smuts,the trail its watched over and cared for by many, In addition to Fred l" otebooam,the Town's Highway Superintendent's fine management,Ithaca College and the South Dill Civic Association ode a clean ug crew twice a yea,with support f-om the City of Ithaca. Last Fall the Shulman and Isacks families who live alongside of the entry to the SBRW on Hudson Street, approached the South Hill,Civic Association(SHCA). With all volunteer labor and purchases(over $200.00)a small garden was planted on private land adjoining the entrance to the SHRW. Now we request a Community Beautification Projects Matching Grants sea that the entryway can be fid enhance to include the following items: A small sheet garden to be made between the sidewalk and Hudson Suet,alongside Renzeth flare,to draw attention to the entry pomt The location will not�impede the Town of Ithaca"s mss and egress for maintenance of the Way. A atwlydy,attractive bench situated m the first 50 feet of the Way so that users can sit and put on skis, rest with children and sat and contemplate the transition from cityscape,to landscape. Active and,tasteful signage which would acknowledge the;original andd ongoing efforts of our community parlors whose generosity make the SHRW possible. T'herjn�Incorporated City of Ithaca Town of Ithaca Boy Scouts of America ca Ithaca College South Hill Civic Association All the people and pets who enjoy and care for the SHRW. A small post to which clean small plantae"bags for litter and animal refine can be attached for use by hers on the Way to encourage ongoing daily maintenance. A trash can and lad which can be chained to a poet. A year's worth of garbage bags and trash tags for garbage collection. If we are fiinded for the SHCA"s Recreation '' Tay beautification project we can accomplish the tasks outlined above in stages, By copy of this get,applicatisan we'will apply to the City of Ithaca and Tompkins County fio r a gage can,garbage bags and trash tags of no charge trash collection. . F A,neighbor who lives along the Way will replace the large trash bag weekly and carry the tagged trash to Hudson Street for collection by the County,unless the County is willing to retrieve the trash,vwreekly. By copy of this application we will apply to the Town of Ithaca to create an entry sign as detailed above,with advice and cooperation with the South l"-lill Civic Association c/o of president,James Meyer. Zach Shulman and his family who reside at 417 Hudson street and Bryan,Isacks and his fiuxdy who .reside at 100 RernzW;place,will provide the volunteer labor to design and create the small street garden announcing ting the entry to the Way, with the advice and guidance of Cbrysantha B. Gardener Cooperative Extension Community Educator. By copy of this application we will request a donation from the City of Ithaca Forester Andy ffAhm and.Town of Ithaca H. ghway Supermtendent Feed Noteboom for flower bulbs,wood chips and other gardening supplies as available,to reduce the overall cost of the project.. All expenses will be carefWly documented, BY COPY of this application we respects Uy request a letter of support from the Mayor Alar Cohen,,our Common Council Representatives Paulette M'anos and Patricia Pryor,City Neighborhood Planner Leslie Cbatterton and City Forester Andy Hillman. b If this project is approved we will work on the design, section,purchase and implementation of each portion in cooperation with NU.Gardener and W.NoteboomL Each component of t6ue project is nde�dernt and ifnot all the portions ,are appruved,the rezua nder of the project will,still be attractive and succe«ssful... Thank you for your consideration of this applicatiom Regards, James Nle5w for the South Hill.Civic Association.. Announcements COMM dty Beautiftation Pram& Grants The Community Beautification Program is offering ming errs of up to 500 to municipalities, and volunteer organizations who wish to add plantings, signs, benches, sculpture or hanging baskets to their communities. grant applications will be available in earty January and grants will be awarded in March. In 2002, g beautification grants were awarded for a variety of projects throughout Tompkins County, Each of these projects will be implemented and maintained by volunteers and community residents, Other services available are consultation, workshops and presentations for public plantings, information about other similar grants, and volunteer project ideas. Contact Chrys Gardener, to request a grant application or to schedule a consultation or presentation in your town at 272-2292 or cab6 cornelLedaa. r Town Supervisor Ithaca, NY 14850 Catherine Valentino 215 N. Tioga Street 607-273-1721 February 6, 2003 Ms. Joanne V. Florino,Executive Director Park Foundation,Inc. P.O.Box 550 Ithaca,NY 14851 Dear Ms. Florino: The Town of Ithaca has been successful in acquiring our first agricultural conservation easement on 40.34 acres south of the intersection of'Mecklenburg and Sheffield Roads. The easement was purchased for$71,000 with the help of the$39,875 grant from Park Foundation, Inc. The parcel contains approximately 30 acres of active farmland and 10 acres of mixed woods and shrub growth. The landowners have reserved two acres for a future house site off of Sheffield Road. The easement was signed on January 31,2003 by Lisa and Gary Ferguson and myself, on behalf of Town of Ithaca, and it has been filed. Attached are two photographs of the property taken on September 9,2002, a 1995 aerial photo of the parcel, and a copy of the easement map. Your support of our program has been valuable in helping us obtain the first agricultural easement. We hope that this will be a stimulus to encourage others to consider the Town's Agricultural Land Preservation Program. If you have any questions or require any additional information,please do not hesitate to call me at 273-1721. Again;thank you for your support of this important project. Sincerely, r' Supervisor Catherine Valentino Town of Ithaca 8®307-C iN Looking southeast from northwest Looking south from northeast corner of property corner of open field I Aerial Photo (1995) of Easement Parcel —Tax Parcel leo. 28-1-1,3 I': tl Ilulp I n„ f, I� III li rwt �� h r r..r fP ti � r `pp i J I I f pV i�r� '1Y/ QP <(TRdwSB G tl ^ YOE=14 ATTEST 01 ww4Crc ° raw w rw February 10, 2003 Ms. Cathy Valentino, Supervisor Town of Ithaca 215 North Tioga Street Ithaca NY 14850 De+r Cathy: I'm writing to inquire about the possibility of interconnecting the Trumansburg village water system and the new Jacksonville system., which the Town of Ithaca supplies, for the purpose of providing backup water supply to each ether. While we have an excellent sup- ply of water from our main well, the county health department has reminded us for many years that if the well were to fail or become contaminated, we'd have trouble supplying our users. The Trumansburg system currently uses about 250,000 gallons on a typical day, rising to 350,000 gallons on the hottest summer days. We are allowed to draw 500 gallons/minute from our well, or a maximum of 700,000 gallons a day were the pumps to run 24 hours/day. Were we to need backup supply, we'd need between 250,000 and 300,000 gal- lons (the difference is watering which we could temporarily ban), and conversely were Jacksonville to need a backup supply, we could provide about 300,000 gallons. If the Ithaca town system were to be unable to use its water tower, I believe that it would also be possible to provide water pressure from Jacksonville and Trumansburg. The Jacksonville system has been designed to permit interconnection, with a large main on Cold. Spring road, relatively close to one of the Trumansburg mains. The pumping sta- tions have been designed to be large enough to accomodate pumps to supply backup wa- ter-to Trumansburg, with the Village planning to cover some of the cost of building them. At this point what we would like is conf=irmation that theTown own of Ithaca would be willing to negotiate a backup supply agreement with us probably with each agreeing to provide water to the other on an emergency basis with no charge other than for water that one Sys- tems actually provides to the other. I look forward to hearing from you. Sincearely, C" J'An R. Levine 56 East Marin Street,P.O. Box 718,°l runaanshrg,N C�����ei � ih a i � -�� 1°�wr�(607)387--5806 Tompkins County DEPARTNIEN'r OF ADMINISTRATION 125 East Court Street Ithaca,New York 1.48511 (607) 274-555 Fax(607) 274-5558 if 1 p Irtt ut/dwowrw.torn ki�ns-a,.o.or Ll " .tt t;a ffj 12M. February 10,20103 Ms. Catherine Valentino, Supervisor TOWN OF I + .... Town of Ithaca 215 North T"ioga Street J Ithaca,New York 14850 Ticar Snper-visor°Valentino: As you know,Tompkins County has been examining its failing public safety communications system. As a Martial upgrade to the existing system(Phase 1), the County has identified certain transmission sites as critical from an engineering standpoint. One of the critical sites is located within your jurisdiction,on property owned by Ithaca College. The County has approached Ithaca College regarding this location. For many years, Ithaca College property has served as an integral Mart ofthe County's public safety communication system. We sincerely appreciate their cooperation and assistance over the years, and their-willingness to continue supporting the emergency communication needs of the County. In an effort to foster inter-municipal collaboration and coordination, the County is seeking to establish a working group comprised of representatives from the County,,Town, and Ithaca College. The purpose of this group is to produce a proposal for re-developing this;site to serve the needs of Ithaca College and emergency service providers in Tompkins County,with clue regard fon-the Town's interests and concerns. The issues surrounding site redevelopment are complicated, involving engineering,and federal regulatory constraints. Therefore;, we are seeking relevant staff front the Town that will be able to participate: continuously throughout the process.Anticipated time commitment is one to two meetings per month through 2003 We expect that this process will allow all entities to collaborate effectively, to ensure the public's safety l)y providing improved communications amongst first responders. I would like to establish the working group by early March., and attend a Town Board meeting to discuss the purpose and goals of this group. Please feel flee to contact me with any questions you may have. I look forward to hearing frorn you. Sincerely, Mikel Shakar.j'ian. Capital Program Coordinator Cc: Mr. Carl Sgrecci,Ithaca C:`ollege. Mr. Jonathan Kanter-, Town of Ithaca Mr. Steve Whicher,Tompkins County Ms. Barbara Blanchard, Tompkins County Board of Representatives Mr.flim Joseph, Tompkins County Board of Representatives PI of I Catherine Valentino To: Kafl4850@aol.com Subject: RE: Dangerous Intersection Kathleen, Sorry it has taken me so long to respond. I have been away form my office on family family matters, and am,just catching up. j will be taking it to our Public Works Committee within the next two weeks. and will get back to you in a timely way. Cathy .....Original Message----- From: Kafl4850@aol.com [mailto:Kafl4850@aol,com] Sent: Wednesday, February 19, 2003 3:30 PM To:joseph@tolmpkins-co.org Cc: Catherine Valentino, Subject: Dangerous Intersection Hello... We recently spoke on the phone about problems I've been experiencing at the intersection of Bundy Road and Rte 96, most of which I feel are due to an excessive speed allowance, lack of enforcement of posted speed limits, and an inadequate traffic pattern to, handle the increased flow of traffic caused by new development. Additionally, there is increased use of Bundy Road as a shortcut to the hospital by those who can no longer access Rte 96 directly from Floral Avenue. This last point was made to me by the officer in attendance at today's accident scene. Luckily, no one was apparently hurt today, but my mailbox is down for the second time in two weeks and considerable damage has been done to mature plantings and even a young tree is lost completely. It really is only luck that death or much more severe property damage did not result from this accident. Something )OM% needs to be done to address the situation here. If it takes an accidental death to get people's attention, I assure you that I'm not willing to volunteer for the part. When we spoke, you said you would be looking into the number of accidents reported at this intersection...now you can add one more. It I sound angry, I am. I have been trying to get the attention of the town, the county, and state with regards to this problem for years now and not one thing has been done by anyone. I feel that those of you in a position to change this very dangerous situation are instead perpetuating it by ignoring it. Please do something about this situation before something worse happens, because when it does, and it will, you won't have the luxury of pleading ignorance. Kathleen Friedrich 3AIe.3 f J��5, C? fo CAtc�� -I—PJ 1, As- Vqrw `� r km, - 1,1141 �4� t-7 w`�x 9 vr"/,l Tk R A A CO->X C-,�, 71� 4- w, 3/3/03 -i7 qty OF 1p TOWN OF ITHACA ��ie 2 04� 215 N. Tioga Street, Ithaca, N.Y. 14850 www.town.ithaca.ny.us TOWN CLERK 273-1721 HIGHWAY(Roads,Parks,Trails,Water&Sewer)273-1656 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX(607)273-1704 February 27, 2003 Mikel Shakarjian, Capital Program Coordinator Tompkins County Department of Administration 125 East Court Street Ithaca,NY 14850 Re: Tompkins County Public Safety Communications System—Working Group Dear Ms. Shakarjian: Thank you for your letter dated February 10, 2003 regarding your suggestion to establish a working group of representatives from Tompkins County,the Town of Ithaca,and Ithaca College to work together on the County's proposed Public Safety Communications System improvements at the Ithaca College site in the Town of Ithaca. I think that such a working group is a good way to ensure coordination among the interested parties during the project planning stages. I need to remind you,however,that the working group would not be seen by the Town of Ithaca as a substitute for the formal review and approval process through the Town of Ithaca Planning Board and Zoning Board of Appeals required by Local Law No. 4 of the Year 1998 of the Town of Ithaca relating to the construction and maintenance of telecommunication facilities. Rather, I see the working group as a way to work toward a consensus among the interested parties so that the approval process through the Planning Board and Zoning Board of Appeals should go smoothly when the proposal gets to that stage. I propose the following as Town of Ithaca representatives on the working group that you are suggesting: Cathy Valentino, Supervisor(Mary Russell, Deputy Supervisor, as an alternate) Dan Walker,Director of Engineering(Creig Hebdon, Asst. Director of Engineering as an alternate) Jonathan Kanter, Director of Planning(Sue Ritter,Asst. Director of Planning as an alternate) Fred Noteboom,Highway Superintendent Fred Wilcox,Planning Board Chair Kirk Sigel,Zoning Board of Appeals Chair I would like to extend an invitation to you to attend the next Town Board meeting, scheduled on /ORIN Monday,March 10, 2003,to provide the Board with an update on the status of the County '1 1 r Communications project and to discuss what you hope to accomplish with the proposed working group. It turns out that County Representative Barbara Blanchard is scheduled to attend the March 10`h Town Board meeting to provide the report of the Tompkins County Board of Representatives to the Town Board. That is scheduled toward the very beginning of the meeting, which starts at 5:30 p.m. I suggest that you be available immediately after Barbara's report, so that she may participate in the discussion regarding the County Communications project as well. I understand that Jonathan Kanter, Director of Planning, has already been in touch with you regarding your attendance at the March 10`h meeting. Please let me know who the representatives on the working group from Tompkins County and Ithaca College will be,as well as its anticipated meeting schedule. Meanwhile, we look forward to seeing you at the March 10'h Town Board meeting. Sincerely, Catherine Valentino, Supervisor cc: Barbara Blanchard, Tompkins County Board of Representatives Tim Joseph, Tompkins County Board of Representatives Steve Whicher,Tompkins County Administrator Carl Sgrecci, Vice President/Treasurer, Ithaca College 2 FROM ': .FINGERLAKES SCHo PHONE NO. : 6072724271 Apr. 02 2003 10:09AM P2 F1N qEK LAKES SCHooL of MASSAGE n A1dW&Ney woKTN TAKING April 2, 2003 Cathy Valentino Town of Ithaca 215 North Tioga St. Ithaca, NY 14850 Cathy, Thank you for your time on the phone this afternoon. As discussed,the State of New York Department of Transportation has contacted us regarding relocation of our sign which, according to state law, is illegal under Section 52 of the Highway Law (described in correspondence herewith). In August, 2002, under guidance from Michael Smith and Andy Frost, we took considerable time and cost to gain approval frorn the Town of Ithaca's Planning and Zoning boards for the replacement.of an existing Finger Lakes School of Massage sign. The Department of Transportation's letter states that we must now relocate the new sign which was placed 27 feet from the road's center (the same location held by the previous FLSM sign of 8 years) to 33 feet from the center line. We are concerned that what we now understand to be state law, was somehow overlooked in the Town of Ithaca's approval process and respectfully request compensation for the cost of relocating our sign. Noted in the attached letter, we have 30 days in which to comply with their directive. As requested, here is an itemized cost list for the sign including permit costs: Sign production: $2127.60 Sign installation: $100.00 Zoning permit: $80.00 Planning permit; $50.00 Total; $2357.60 The reinstallation cost would be approximately $150. 1 appreciate your attention to this matter and look forward to hearing from you soon. Sincerely, Emil Lenore Grayson INNOVATIVE EDUG&,T1ON FOR,MEW 1(o RK STATE LICENSURE & AIATIONXL CERTIFICATION 1251 Trurnansburg Road • Ithaca,New York 14850 • www.fism.com • 607 272 9024 - fax 607 272 4271 f FROM FINGERLAKES SCHo PHONE NO. 6072724271 Apr. 02 2003 10:09AM P3 �+ 1� �FYIJI.�lQ�•.'41 STATE OF NEW YORK DEPARTMENT OF TRANS PORTATI0NA 333 EAST WASHINOTQN S'T'REET SYRACUSE, N.Y. 13202 JON P.EDINGER. JOSEPH H. BOARDMAN REGIONAL DIRECTOR COMMISSIONER March 20,2003 Sign Owner. FINGERLAKES SCHOOL'OF MAS8ii4GE Property Owner; •NEW YORK STATE.R.O.W. This is to advise you that a sign,observed during recent surveillance and which is believed to be owned by you, is illegal under Section 52 of the Highway Law,as it is located within the Right-of-Way owned by the State of New York. Federal and State Laws prohibit and provide for the removal of any signs other than Official,Tourist Oriented Directional(TOD),and warning Signs. The sign is located and described as follows: County TOMPKINS Route 96 Green Mile Marker 3009 r^'\ Legend FINGERLAKES SCHOOL OF MASSAGE You are requested to remove the c4gn Identified above within thirty (30) days of today's date (above) or the NYS Department of Transportation must take steps to remove the sign,billing the sign owner for all such services, You must secure a Highway Work Permit,as required by law,before removal of your sign(s)from the Right-of-Way.The permit must be obtained from the Resident Engineer at the New York State Transportation Maintenance Residency located in your county, if you have any questions regarding New York State sign policy please contact me at(315)448-7334. very truly yours, &8015en Roof . Asst.R.O.W.Agent FROM FINCERLAKES SCHo PHONE NO. 6072724271 Apr. 02 2003 10:10AM P4 J ., STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION 333 EAST WASHINGTON STREET SYRACUSE, N.Y. 13202 JosEPH H.BOARDMAN JON P.EoiNGER, REGIONAL DIRECTOR. t'oMMlg6loNER March 20,2003 Fingerlakes School of Massage 1251 Trumansburg Road " . Ithaca, NY 1A4850 RE. Sign Encroachment Dear Sir or Madam Enclosed is an official notice of encroachment regarding the sign located on Route 86 at the south entrance to your facility. assume that your institution was unaware of the laws and regulations regarding placement of signs or other fixed objects within the NYS Right-of-Way.The sign must be moved from it's present location as it is considered to be a deadly fixed object. �1 You can continue to use and benefit from the sign by installing it outside the R.O.W.,on your own property.As the sign is advertising your facility it will not be subject to registration or annual fees once it has been moved to a legal location. Please contact the Resident Engineer or the Asst. Resident Engineer at our Cortland Tompkins Residency in order to determine the exact width of the R.O.W. at the location you choose to re-install your sign.A Highway Work Permit must be secured, either by you or your sign company, from the Resident Engineer at that Residency which is located at 668 NYS Route 281, Cortland, IVY 13046; Phone (607) 756-7072. This permit will allow you or your representative to legally work in the State Right-of-Way in order to remove your sign. If you have any questions regarding this••matter please don't hesitate to give me a Call between the hours of 8 am and 4 pm, at(315)448-7334. Very truly yours, Stephen Roof Asst. R_O.W.Agent APPEAL of April 08, 2003 CASE NO: 01100079 ITHACA TOWN COURT KAREN HERZOG Re: Ti 2-A, TL 2-A, TN 2-B $40.00 Fine (each) RAYMOND BORDONI, TOWN JUSTICE Town of Ithaca In the matter of summons issued to me for my dogs' activities. I am sure the Court agrees that there is the possibility of mitigating circumstances in cases which come before it. Certainly, this is the situation in this case. For your consideration I submit the enclosed two Incident Dispatch Detail Reports, numbers SD OT-7590 and SD 01-9165. Your Honor may read this or dispose of it. You may even send a copy to the Taggarts. I do, however, appeal to you to consider the extenuating circumstances. Also enclosed are copies of coorespondence to the Taggarts and to the Sheriff's Department concerning events leading up to the three summons. As will be evident, what the Taggarts did was retaliation; in fact, revenge. On the Report 01-7590 dated 9/07: this indident was referenced at the trial . On that date I had a very bad migraine headache, as I stated. Sometime aroung 1 :00 p.m. the dogs had to go out. As quickly as I could I let them out and paused to put on my shoes. As I went out Oliver was making a bee-line for the upp&r yard -- as I got there Oliver was pushing under the fence - having sprung the metal U-clip wire off the pole. A cat was running across Taggarts' yard toward Ill Pine Tree yard. This cat had frequently and repeatedly been in my yard catching and killing birds. I have asked and told the owner to keep it at her residence, and out of my yard. Deputy Little came to my house on this occasion - just a half hour after I retreived Oliver - I was sitting on my front porch, still sick, talking to him, when he said to me, "They want you arrested for trespassing, but I am going to warn you to stay out of their yard or the next time I will have to arrest you." And I said, "Fine, take me now. What was I supposed to do, let the dog keep going? You can go over their and tell them I have no interest in being in their yard, unlike them who sneak into my yard to cut trees. But if it happens again, I will go to get the dog back." Then he said, "I'm not going back over there to tell them anything--I don' t want to listen to them for another 20 minutes." That's how it was left. And it was not enough for the Taggarts that Deputy Little 'warned" me. Since he would not arrest me they had to call the SPCA to swear complaints - resulting in the summons. The Taggarts got their pound of flesh (as if I have any to spare) and their sick satisfaction. And wasted a let of public servants' time. Regarding Incident Report SD 01-9165 of 10/23 regarding yard waste dumped in my back lot. It mistifies me that after complaining about me being in their yard p.•�, Harry could actually go and dump barrels of yard waste in my back lot. I could have had him arrested for trespass bUt I thought that silly and I told the deputy just to warn them. Given -he Taggarts' nastiness, the next time something similar happens I will absolutely follow through. APPEAL page 2 Judge Raymond Bordoni , Ithaca Town Court April 08, 2003 I to1d:the truth - unlike Marion and David Taggart - in your court. Indeed, the dog did run in their yard (mitigating circumstances - the cat). I didn't purposely make him do it, it was not planned or malicious and he caused no harm. Certainly I went to get him because I did not want him to keep going and disappear. This does not happen every day, or every week or month. It happened on two occasions when I was very ill . What strikes me as odd, and very highly unfair, is that I can be heavily penalized (and regulated) because my dog strays, but no attempt is made to equalize the situation for wandering pet cats by requirdng the cats not go to other properties and cause messes, destruction and disease. It is also beyond my comprehension to understand why if David Taggart can present a letter from a doctor,..-(an Elmira doctor who treats infectious diseases) saying that he has to have "absolute quite" Why I cannot be afforded the courtesy of understanding that on the two occasions when Oliver went through the fence I had terrible migraine type headaches and was physicall ill . I, too, can present doctors' letters saying I have been seeking treatment -- letters from Family Practice (Ithaca), my dentist, Dr. Mario Silvestri (Vestal ) , Dr. Leonard Newton, (ENT, Ithaca), and Mier Chiropractic (Owego). My migraines cannot be dispelled and are related to histamines of mold, mildew and onions andalso accompany low pressure weather with severe storms (diagnosed by Dr. K. Felch, ret. ) . David Taggart presented a letter from a doctor of infectious diseases. I have asked around to determine what infectious disease miht be irritated by a dog barking(but not by other loud noises) (none was the answerf The noise related responses were nervous breakdown, heart condition or perhaps shingles. David's reasoning and excuse lacks common sense since he did not mention other causes of irritation, like his neighbor at 111 Pine Tree (on the bedroom end of the Taggart house) srlamming car doors and gunning his motor before dawn as he leaves for work. Also, one could seti:their clock by th TCAT buses passing until 1 :00 a.m. or the P & C or Genex semis r-4.r! coming for delivery in the middle of the night, or by any of the 5,000 cars on Pine Tree Road everyday. David Taggart says he needs absolute quiet because of his condition, which was never made known. Since he had a letter from and E+l-mira doctor specializing in infectious diseases, one can only hypothesize. . . it could be anything. ...athlete's foot, shingles, cold, influenza, tuberculosis, or and current big epidemic. If he has and infectiuos disease that requires absolute quite then he should be institutionalized and he shouldn't be going out to the grocery store each Saturday (and spreading it) or shopping mall , should he? I suggest that if he has an infectious disease that qualifies for such an excuse then I am more at risk from him than he is from (,y dog barking. Indeed, the community is at rish - especially if he is in a food store. Normally I would not comment on someone's ill fortune of being sibk, but since the Taggarts feel free to use this bogus excuse and malign me because of a hearing loss- due to outside circumstances, then they, too, are fair game. Fair is fair. APPEAL page 3 Judge Raymond Bordoni , Ithaca Town Court April 08, 2003 David Taggart made suprious comments to the Court. First, about my fence -- "She put up a fence, such as it is." Such as it is is just fine. It works. There is nothing wrong with the fence except it does not meet their glamour and amount-of- money-spent quota. If I put of a six foot wood fence they still would be complaining. The dog simply is strong, and he is tempted. I have had a learning experience with him that has punished me (plenty). That should be enough. As with adopted children one never knows what they will get with an adopted dog --not knowing their background or lineage or how they were treated. David Taggart further made the comment that I should be walking the dog on a leash in my fenced back yard. HE IS CRAZY. That is utterly ridiculous. What would be the point of having a fenced yard? Further, dogs, especially big dogs, need running exercise. David Taggart - who NEVER goes outside or gets any exercise - is hardly an expert on what I (ior anybody) should do with a dog. Putting a dog on a leash full time is akin to putting that hypothetically adopted child on a rope to control it. Ridiculous. In addition to spprious comments about my fence and dog walking, the Taggarts also told meighbors (the Mecenas, and who-knows-who-else) that I could not hear. The Menenas have thrown that in my face, saying that I let my dog bark because I cannot hear him--at the same time standing next to their Rotweiler which is barking -and going crazy trying to get over their fence to my yard. The hearing issue is not the Taggarts' business and I am regretful it was brought up in court. Point of information - what I cannot "understand" (although I can hear it) are specific words from voices in the middle tone range, and in places that echo - like the main chamber. Marion Taggart lied when she waid, under oath, in your court, that all the time she'd lived there she had never seen a dog in her yard. She lied -- because, in fact, she had- seen me run out of my front yard, through their yard trying to get the Colle's dog, Fr. poodle Mary, before she went in the road; she saw me (because they were in their patio window watching) as I opened up a section of. my fence to call Steve Spalding's Newfoundland out of their driveway and into my yard before Harry could yell at it and scare him off. In fact, they know other dogs have been in their yard. Just last October, in spite of all that has happened, I called out to Harry to watch out for Mecenas' small dog which got loose and came through my back lot then across their yard. Shortly thereafter, the dog came back across their yard - which they saw. So why are they not calling to complain about other dogs on the loose? Marion Taggart also lied when she said my dog chased he into the house. That never happened. She was not outside in her yard or on her deck when my dog was in her yard. Marion was inside at her dining room window. It makes good theatre and pumps up sympathy, but she lied. It has been a case of four- against one and frankly, I would have expected the court to recognize that. As Deputy Little says, "It' s not going to end." APPEAL page 4 Judge Raymond Bordoni, Ithaca Town Court April 08, 2003 Now let me tell you why Oreo barks. When I first got him he was 11 months old. I walked him on leash in the yard before I had the fence. He was a puppy. But he never barked -- not at my tenants or anybody, infact. He is a "B" personality and quite easily frightened. (When he visits my mother he NEVER barks --and they live exactly opposite the dog catcher for the Town of Candor --who always has three or four dogs tethered outside. When I got the fence he ran to the Taggart side but still, in my yard: Harry Taggart came at him with a rake - God knows why, since there was a fence between them. That started the barking. Then Harry, Jr. would drive up and blow his car horn - Oreo would run to the fence and bark 'at the car - then Harry would get out of the car and "bark" at the dog. Along the way, Harry, Sr. threw stones at Oreo. Isn' t that reason to be frightened and bark? Also, the Rotweiler would jump at the fence and bark and growl . Oreo would run to mbc<a Mnlean up against me and bark. He was frightened. Gradually he stopped leaning on me. So, Judge Bordoni , for all their bad behaviour I am punished. In court David Taggart said it was my dog barking -- that he could tell the difference in dog barks. I say to you - he cannot. When there is a lot of barking it has been because the Mecenas' Rotweiler has run at the fence and started the rucous. Even when -my dogs are inside, or visiting my mother's farm, the Rotweiler. will run at the fence and bark continuously at me if I am working in the yard. She did this before I got Oreo - after my Ginger died, that dog would bark and bark and it broke my heart because- I was so sad - but I NEVER complained to Mecenas, thinking I could not blame the dogt7for something that was natural . David Taggart said that my dog woke him from a sound sleep. As you may recall , I said, "That was not my dog." He said he heard me calling my dog - which in fact he may have, since my dog, Oreo, had run to my side fence when he heard the 110 Pine Tree dogs barking -- I was calling him to come to me (it was midnight and I was not calling loudly - therefore I do not think David was asleep) and to come in before, BEFORE he started to bark back at them. Now. David Taggart says it is only my dog that barks and bothers him. He said about the two barking dogs at 110 Pine Tree, "They don't bother me." Does that make sense? TO me this seems like selective harrassment. In fact, those dogs are left out on the deck of that house until 2 a.m. in warm weather (the owners work at a bar, I think). Those dogs bark in the evening and at night. Those dogs bark if something runs through the yard, andif a car door slams. So on a summer night with his windows open David Taggart cannot hear those dogs, or "they don't bother" him? Right. In fact last week those dogs were left out in the yard run in the rain all day - barking. I "with my hearing problem" can hear those dogs, even from inside my house on a winter day. I am being penalized because I took in two dogs that other people could not care for: . Both were abused - Oliver most seriously. He had toe nails 1-1/2" long, the end of his tail had been clipped off, he had bare raw skin on his legs (he had apparently been caged) and he had skin growths. If I had adopted a young boy with nimor behaviour problems and the child ran twice--- in one year in a neighbor's yard, say, chasing a ball or a cat, I would not be threatened with arrest or fined. This is an anology. I don't want a medal for taking Oliver in (asked by the Vet School because they saw potential and didn't want to send him back to Schuyler County where he would be put down). I do, however, want some consideration and that somebody cut me some slack. i APPEAL page 5 Judge Raymond Bordoni , Ithaca Town Court April 08, 2003 As -for the fine relative to my dogs. I cannot afford it. I need the money for their veterinarian bills. My dogs are better cared for than a large percentage of the children and dogs in Tompkins County and the county agencies woufid be better served going after abusive parents or cruel owners than wasting time on me. If the Town of Ithaca needs the money so badly that a fine (which` I, as a resident can ill afford) is imposed on me, then so (unfairly) be it. The fine is not going to change the dogs' behaviour and it is not going to change what I do with them. Indeed, I have not. Whenever they are in the yard I am with them - primarily because of the temptation Oliver has. If he could be trained out of it I would do it, but dogs chase things. Apparently Taggarts do not understand that. Living next to them is enough punishment for me. Respectfully, KAREN L. ERZOG 107 Pine Tree Road Ithaca, New York 14850 273-7015 CONFIDENTIAL N.B. There is another reason I want the dogs - just as they are. As Court records will show - I have an Order of Protection resulting from a student calling me over a period in 1993 and again in 2000. And, on March 11 , 2003 I assisted the Schuyler Co. Sheriff's office in apprehending a person who was going over 85 mph on County 6 and Route 79. He was caught at the crossroads in Enfield -- over 2.0 DWI, license plates not matching the car, and previous arrests. I am more than concerned that he or some of hms friends might locate me as a result of my turning him in. That Oreo barks is a good thing. J� Date Run 10/23/2001 TOMPKINS COUNTY EMERGENCY DISP Time Run 22 :35 :41 Incident Dispatch Detail Report Page 1 ID-IMP310 RD #: SD 01-9165 DISPATCH INFORMATION DISPOSITION INFORMATION r HERZOG, K L Ucr Cade Description 107 Pine Tree Road 6207 Miscellaneous Calls and Du eat Source Priority ShiftE911 NORMAL Service Description escriptioniscellaneous Calls and Duties Codeneous Calls and Duties LITTERI 40R NG IN HER YARD NEIGHBOR DISPUTE Caller:HERZOG,KAREN Dispo Star: 1221 MANNING Remarks Continued Area Dispatch AssignmentAreaDispatch Code: D Disp: 10/23 16 :31 :34 Enrt:10/23 16:31 :34 Onsc :10/23 16:31 :34 Comp:10/23 17:13 :34 0 SPOKE TO C-1 WHO STATED THE RES OF 109 PINE TREE RD HAVE BEEN PLACING LIMBS AND OTHER TREE DABR. ON HER PROP RO ADVISED 109 PINE TREE RD TO DUMP ON THEIR PROP, THEY UNDERSTOOD. CLEARED Ca Received Tue 10/23/2001 14 :49 :295582 Ber C� Dispatched Tue 10/23/2001 16:31 :345584 Ferris, Juliarry Incident Dispatch Block Listing -------------- Unit Stars Dispatch Time En-Route Time On-Scene Time C 326S 1221 10/23/01 16 :31 :34 MANNING 10/ Date Run 09/06/2001 TOMPKINS COUNTY EMERGENCY DISP Page 15 Time Run 14 :41:15 Incident Dispatch Detail Report ID-IMP310 RD # : SD 01-7590 DISPATCH INFORMATION DISPOSITION INFORMATION Location TAGGART,4M L Ucr Code Description 109 Pine Tree Road 5106 Dispute, keep the Peace, e Beat/Subeat Source Priority Shift / E911 NORMAL B Service Description Code / Description Code 5106 Dispute, keep the Peace, etc 40 Completed - CAD or MIR Co Dispute, keep the Peace, etc mpleted Dispo Star: 1234 LITTLE Caller:TAGGART,MARRIANNE Remarks Continued Area (607) 272-7526 Dispatch Assignment Area Dispatch Code: D Disp: 09/07 13 :17:18 Enrt :09/07 13 : 17 :18 Onsc: 09/07 13 :17 :18 Comp: 09/07 14 :22 :15 ONGOING PROBLEMS BETWEEN THE TWO NEIGH BORS. THERE IS A COURT CASE SCHEDULED FOR TRIAL ON THE SAME ISSUE ON SEPT. 19 IN THE TOWN OF ITHACA. ADVICED MS HERZ OG AT 107 PINE TREE TO KEEP DOG AND q0k�1 Received Fri 09/07/2001 13 :17 :185593 KATZ, CHRIS .1 Dispatched Fri 09/07/2001 13 :17 :185593 KATZ, CHRIS Incident Dispatch Block Listing Unit Stars Dispatch Time En-Route Time On-Scene Time C 326S 1234 09/07/01 13 :17 :18 09/ LITT r � Q Date Run 09/06/2001 TOMPKINS COUNTY EMERGENCY DISP Page 16 Time Run, 14 :41 :17 Incident Dispatch Detail Report ID-IMP310 RD # : SD 01-7590 a Additional Remarks ------------------ Type Date Time Beat Remarks / Comments ---------------- -------- -------- ---- --------------------------------------- Comments CM 09/07/01 14 :23 :41 1234 SELF OFF THE PROPERTY OF 109 PINE TREE RD. DEPUTIES AND SPCA HAVE BEEN DEALIN G WITH THIS PROBLEM ON SEVERAL OCCASIO NS . WILL BE SOLVED IN COURT. TCL/1234 l Let ?PON September 05, 2001 /0011. HARRY AND MARION TAGGART DAVID TAGGART 109 Pine Tree Road Ithaca, New York 14850 SATURDAY, AUGUST 18, 2001 - YOU CAME INTO MY YARD TO CUT A TREE OFF THE BANK First of all , let me say that is very sneaky that you should come into my yard to do this sort of thing when I am not at home. This letter is to advise you not to come into my yard or through my yard. If you do so I will consider it trespass. On Saturday, August 18th I was away for several hours. When I returned there were clear indications that you had come across the gully in the front to cut a small tree-like growth on your bank -- that is, the bank on your side of the gully -- the area opposite the area between my pine and birch trees in front. That tree was (and two foot high stump still is) near your wild, overgrown multiflora rose bush. On your way into and/or out of my yard you broke bushes and branches, including the end off a pine branch on my big pine tree: That particularly was purposeful and mali- cious since the branch was more than one-half inch thick (and had to have been broken by hand) and laid among your bushes for days. Further, since you had previously cut off a small oak growing very near this small tree you could have cut this tree also from your driveway side; you went through the bushes on the bank to get to the oak, you could have done the same with this. You could also have trimmed back the multiflora to get to the tree. Instead, you chose to come through my yard. On Monday, August 20th I was away for some time in the afternoon. When I returned you were along the bank (although in your driveway this time) at the very same spot. As I backed into my driveway you (Harry and Marion) took your barrel of cuttings and tools away from there and went into your house. As I again looked over the area I believe there was yet another path through my yard as more bushes appeared broken off. By the way., I did take pictures of the area. Let' s go back a bit farther. One day in July my dog went into the bedroom and barked. I went to see why. You, Harry, were using a rake to pull grapevines out of my birch tree. You, Marion, were in your window and must have called to him when you saw me because he immediately picked up his tools and went back to your house. When you pulled down the vine you broke off and scattered limbs. Later I found the limbs in the gully and my yard. Obviously, pulling the vine was malicious. It was also pointless since you have not clipped and treated the vines which are growing out of your property and up my tree. At that time I let it go because I was getting ready to go out. I am telling you now - ,ow, DO NOT PULL VINES OUT OF THAT TREE. Harry and Marion Taggart September 05, 2001 Page 2 David Taggart In early August you came down the bank opposite your garage door to trim shoots off the stump (three feet high) of the black locust tree you had cut down in November 1999. When you went down the bank you caused gravel , stone and soil to slide into the gully (the part of it) on my property. I will have to hire someone to shovel the gully out so that water does not overflow the gully and flood my yard and run against my basement wall . I will be happy to send you the bill . Now you will counter that on Wednesday, August 22nd at about 5:00 p.m. * dog ran into your yard and I ran into your yard to catch him. As you saw, since you were watching, I pulled up part of my fence to get into your yard and I carried the dog back. This happened because one of the cats from 111 Pine Tree was in my yard and my dog chased it, pushing under the fence at the top end of the gully. Those cats are let out to roam and are continually in my yard; I have repeatedly told the tenant at 111 Pine Tree that it is a problem; I do not want my dogs provoked into getting out of my yard, and I do not want her cats in my yard. A dog running inadvertantly into a yard is different than you coming purposely into my yard. . . especially when you sneak in when I am not home and you could do what you think you have to do from your own property. I will make note here that the last time my dog was in your yard was on two days in September 2000 and Thanksgiving morning 2000. As a result of the September incident you called the SPCA and told them that my dog was running loose and had chased you, Marion, inside; this was untrue since I was in my yard at the time and YOU WERE NOT OUTSIDE WHEN THE DOG CAME INTO YOUR YARD. The dog merely ran into your yard and started barking when it saw your image in the window (maybe you were screaming at it?) ,.�•\ - it was 25 feet from your deck steps when it was barking--standing still--not running toward your house. Apparently it works when you lie. As a result there is a fence which you also don't like, but sometimes a fence cannot stop a dog chasing a cat. Prior to September 2000 the only other times my dog was in your yard was in July 1999, the first week I got him, and in 1985 when my first dog circled into your yard while playing. You, Harry, at the time came out yelling and cursing, causing her to take off up the hill through the brush and me having to spend an ,hour trying to find her and call her back. Remarkably, that is only five (5) times in 20 years that my dog has run into your yard. Many times fewer than all the wildlife -- deer, rabbits, raccoons, skunks, the red fox, squirels, rats, woodchucks, etc. , dropping their droppings and deer ticks and .fleas and eating at your garden and bushes. Far more damage and threat of disease from those things than my dog! It's amazing to me you're not out there trying to rid the planet of wildlife - or maybe you are. I do not know how many times during the last 20 years other dogs have run into your yard, but I can guarantee it is more than five times. I know that Mecenas' dog alone has been in my yard more than five times in one year. Last Wednesday the dog from the corner was in your yard. Today, Wednesday, Colle's poodle was in your yard. Apparently you did not call the SPCA about either of them. Therefore, I have to conclude that by calling the SPCA about my dog you are selectively harrassing me. Harry and Marion Taggart September 05, 2001 Page 3 rr � I David Taggart Dogs pick up a person's temperment. And they remember how a. person acts toward them. When you yell at and scare a dog, as you have done with this one, and when you chase a dog with a broom, as you did in June, they will bark at you not just then, but in the future also. Had you ignored this one he would have not given you a second thought. But you were menacing and so he barks at you. It also does not help that your son, Harry, blows his car horn when he backs into your driveway - every time for 20 years, and when he mimic barked back at my dog when the dog was in my yard. During the last 20 years you have done nothing but complain. Here, for the record, is, I hope, a complete list of your gripes. 1 . Trees across the back of my property. The second week I lived here, you, Marion, said, "Those trees should go." When I asked why you said, "They're ruining our view." (You were standing in my garden, near the trees, when you made this pronouncement. ) You were referring to the nine spruce and pines which the previous owner had planted across the back of the lot. As I have mentioned to you several times, if you had any complaints about the trees on this property you should have taken that up with the people who planted them when they were doing it, not with me 16 years later. As I have said, I don't know where you expected those trees to grow but up. 2) The shadow fence, which you have complained about, is there because my tenants felt like they.were being watched. 3) My tenants' children made too much noise (four and five year old). (1986) 4) My yard. Harry, you have complained at me and yelled at me, "Why don't you mow your yard." (This is usually in response to me catching you hacking away at my trees or bushes. ) When I asked why you yelled, "It's dangerous." NOBODY can figure that one out. And, my yard is my business; as you have been told it is in no violation of any code. Do what you want with your yard--if you want it mowed down to bare soil as you have it, then do so and mind your own business. 5) Things stacked in front of my garage. You can't see it--it's not your business, as you have been told. 6) Branches from my oak tree ruining your cable reception. Even though the branch was at least a foot above your wire you said that in the winter the snow would make the branch hit the wire. So you had a healthy branch hacked off - not even at the crotch, the proper cutting place. Do you remember that at the time I had to point out to you YOUR PINE TREE BRANCH which was just above the wire and which you were not going to cut off? All over Ithaca cable and phone wires run through trees (just take a drive up Pine Tree and have a look). Your cable wire runs right through your cedar tree and you have done nothing about it. Since you have had your cable line rewired, the wires run right through my oak tree; do not even begin to think that you are going to hack off those branches. All the wires to my house run right /101411 that an oak, two spruces and a lilac with no problem. (I am also aware that when you wanted the limb cut you called the cable company, the phone company and the highway department and none of them would do it, so you had to hire. ) Have your cable wire run off your electic/phone pole. Harry and Marion Taggart September 05, 2001 Page 4 David Taggart 7) My dogs barking - which is the subject of yet two more complaints by you to the SPCA, thus wasting SPCA staff time and Town Court time; a matter yet to be settled by trial on September 19th. I might mention here that though you complain about the barking, you appar- e.ntly dtd'n6t.mtnd being notified by my dog's very concerted barking when a guy was walking -around your back yard near the survey stake under the willow tree. When I went to find out what he was barking at you were already beating a path, post haste, to get to the guy and find out his business. So, on the occasion that he barks and alerts you to something I guess it's okay that he barks. 8) Me calling you and "old fart" (quote, excuse the language) whenI caught you throwing weeds across the lower gully into my yard. Even though I saw you doing it - I was standing right near my ash tree and you didn't see me - you claimed you didn't do it (maybe a memory lapse). Then you had the nerve to call the sheriff's office and scream harrassment. 9) Pine trees behind my shadow fence - the three tall ones. These trees always have been what is sticking in your craw. As I have said, you should have taken this up with the people who planted the trees; where did you expect the trees and branches to grow to? Why is this a problem? Because they drop needles? You have a pine tree near the multiflora on the bank that drops needles but I don't see you hacking the limbs off it. There are pine trees on the other side of your house; they're dropping needles are you complaining about them? What about that willow dropping raw&\ all those pesky, skinny little leaves and branches? In June you had somebody there to look at cutting off the limbs. Luckily dog alerted me. When I went up into a back yard to see what plans were being made to cut off the limbs, you, David, told me to get away, "Shoo, shoo . . . get out of here." Even though I was IN MY OWN YARD. That was a Thursday. On Friday at 5 p.m. you, Marion, thumbed your nose at me as you were standing on your deck (I was putting out bird seed in my yard). You, David, on three separate occasions have given me a finger gesture--most recently on Sunday, August 26th as you were looking out your dining room window into my yard. I think you both need to spend a little time in the confessional at Immaculate Conception. On the Wednesday after you had the tree cutter there you, Harry, didn't mind pushing your lawn mower into the shade of those very same trees to clean it out. It is convenient to have those trees there when it's 900, isn't it? And all summer when you've had service people, plumbers, the cable workers, they didn't mind parking in the shade of those trees. And those trees greatly reduce the heat radiating off your black pavement onto your house. So you complain about the trees only when you're not using them. /ambN Harry and Marion Taggart September 05, 2001 Page 5 David Taggart You have continually complained about those three trees, which provide r.•� shade and oxygen. You are not, let's note, sitting in the middle of the Cornell Arboretum. You have in your yard bushes which are considered to be highly invasive. With the exception of one small tree in front, the cedar tree, and the lilac, you have nothing but invasive--all self-planting junk: 1 ) multiflora rose - hanging 20 feet into my property and spreading by dropping rose hips. You're complaining about pine needles? Try cutting back a multiflora sometime - its a damn lot harder than sweeping a few pine needles - and a lot more painful , 2) buckthorn, 3) honeysuckle, and 4) garlic mustard . . . and you are over there trimming and pruning them like they are heirlooms from Jefferson's garden. And this junk has spread to my yard. --you don't pick or use the rose hips --honeysuckle has virtually shaded out the forsythia on the bank, as has the multiflora. It is an invasive weed, which, by the way is illegal to sell in Wisconsin, but not quite yet in New York. .The berries have virtually no nutritional value to birds--all they do is poop out seeds and spread the bush. Go take a walk up in S.R. Park and see how it (and multiflora) have crowded out trees and grasses. At least the meadow growth in my yard is legitimate bird feed. --buckthorn - ditto --garlic mustard - you've got it at the top of the gully and in your yard and you let it go to seed. Call Cooperative Extension and find out. And you have the nerve to complain about my yard. A few other matters bear mentioning here regarding your attitude and activities. 1 ) The first summer I was here I spent days clearing the bank across from my oak in front - on your side of the gully. I was told or mistakenly understood the previous owners that the bank was my property. Do you remember? I cleared it and planted mums there, as well as rhubarb. When I was finished you, Harry, came out smiling and congratulated me on what a good job I had done on clearing your bank--then you pointed out the set pin. That was just plain ROTTEN - and you were very proud of yourself. You also hacked out the rhubarb, which was a beautiful plant. 2) For years you have blown snow into the gully. It packs down, freezes and causes water to flow out over my lawn - freezing it and washing it away. Whenever I have seen you I've yelled over to you to turn the blower the other way - yet time and time again you've done it -and especially at the bottom where you blow it onto the catch basin. Finally I asked the high- way department to call you and explain this to you so perhaps you could finally understand. 3) You, Marion, standing in your doorway last fall screaming at me when I was in my upper lot trimming back bushes so I could have the fence put in. r"N 4) Your garden fence on my property; and the missing top row of cinder blocks from my compost bin (Deputy Spencer came here to talk with ,you about that) . Harry and Marion Taggart September 05, 2001 Page 6 r David Taggart 5) You, Harry, washing your paint tray and roller out in the gully. Do you remember me calling out to you not to do that? I have pictures of you doing it. Everybody knows you don't go out and wash out toxic paint on land, in a waterway - no mater how small (paint - which is toxic to birds and other creatures and plants). 6) Cutting off the top of my maple tree and breaking off the other. You, Harry, broke off the top of the small maple tree above my compost bin; the tree is a full foot inside my yard - again you denied it. Your son, Harry, cut off the top of my maple tree while trimming your hedge. You, Marion, said, "He didn't know." Didn't know what? What month it was? There he was standing four feet from both a survey set pin with pink flag and a 4' stake with pink flag on his left and eight feet from a 4' stake with pink flag on his right, with the six foot tree over a foot inside my line and "He didn't know." He's in property management; he should have known - without being told. And you were begging me not to say anything because Harry had a bad stomach - he'd been to Guthrie. You think I have no basis for watching out for you? You know, the most amazing thing about all this to me is that after my dog ran in your yard last year and you called the SPCA, I called the Community Dispute and Resolution Center to set up a meeting with you; they do good work. You did not call them back. Instead, you had your son, Harry, call and tell them that under no circumstances would you meet and not to contact you again. Again this year when you called the SPCA about barking I, again, called the CDRC, thinking maybe we could sit down with them, get all this stuff out - the dog, the trees and work it out. Again, you did not even have the courtesy to call them back. Instead, you once again had Harry call . . . and he went further this time, saying a letter from them was "upsetting" to his parents, and if CDRC contacted them again, they (you) would sue the agency and Tim Warner personally for harrassment. Now. You can drive a car, pull out your garbage and recycling, clip bushes until the sun goes down, jump over the gully to come through my yard, and you can't manage a one minute return phone call to talk to the CDRC. You worked in a bank, the phone company, and you , David, in a major city, and a letter from CDRC is "upsetting." Maybe you shouldn't be driving because I can only imagine how "upsetting" all the traffic must be. And, regarding traffic, you can't stand my dog barking a few times a day, but you don't mind the 4,856 vehicles a day (counted in 1998) on Pine Tree Road, not to mention the occasional emergency vehicles, the gravel trucks gearing up and down daily (I once counted over 200 in one day), the boom box systems in cars, and the car on the corner which hasn't had an exhaust system for months. Don't you see anything wrong with your logic? I am including a copy of a previous letter which shows line markers. I have used a lot of my precious time to write this letter. I am going to go to the further expense and waste of time and money to install a fence in front so that 1 ) you know where the line is, even though stakes are there with pink flags, and 2) so you ANN can't get across it into my yard. r _ l Harry and Marion Taggart September 05, 2001 Page 7 David Taggart I personally would not care if you had to clip bushes and came into my yard to do so IF YOU HAD NOT BEEN SO UNPLEASANT FOR THE LAST 20 YEARS (except after your comment about my yard being "dangerous" I do not want you in my yard). You cannot stand to see anybody live a happy life . . . and I am not living my life to please you. You have let three pine trees become such an obsession that you are wasting your lives being nasty and vindictive. When Deputy Spencer was here you, Marion, told me to go back to where I came from. As- I recall , it is you who are from, where is it. . . Brooklyn; and isn't Harry from Pennsylvania? You expect your neighbors to live in suspended animation into eternity and beyond. You scream and complain about what the court calls 'the intimate sounds of daily life' . This is not a cul de sac in Kendall . It is a neighborhood, and a busy one. If you expect absolute quiet and clipped lawns there are other places with those features. This letter may seem quite too long for the purpose of telling you not to come into my yard, but I want to get it all down for the record. If you now want to call the sheriff and plead harrassment, I'll have this on file. Regarding my comments about the bushes in your yard . . . obviously, you can have whatever you want there, but the same holds true for my property. Meanwhile, until the fence is there I am putting a line with pink flags along the front. Anything south of that line is trespass. KAREN HERZOG 107 Pine Tree Road '� Ithaca, New York 14850 i' September 08, 2001 Harry and Marion Taggart David Taggart 109 Pine Tree Road Ithaca, New York 14850 INCIDENT OF FRIDAY, SEPTEMBER 7, 2001 WHEN I CAME INTO YOUR YARD TO RETRIEVE MY DOG AND YOU CALLED THE SHERIFF TO HAVE ME ARRESTED Let me get this straight: 1 ) you came into my yard (even though you said it is "dangerous") ) on August 78th to cut off a small tree that was on your property, and 2) the previous week you slid down the bank -to trim shoots off the locust stump, pushing gravel and stones into the gully on my property so that I have to clean it out, and you want me arrested for coming into your yard on August 22nd and September 7th to get my dog who had pushed under the fence and on September 5th to prevent a wandering poodle from going into Pine Tree Road. (Check the chronology) Are -you people serious? As I told Deputy Little, if my dog chases something and goes through the fence (under the fence) he is at risk and I will go after him -- your yard or not. If I see '"\ another dog at risk and it is in your yard or passes through your yard I will try to prevent it from being hit in Pine Tree Road -- even if I have to come into your yard. Here is the background: On Friday, September 7th at sometime just after 1 :00 p.m. I let my two dogs out for a break. Since I had a very bad headache all night and that day they had not been out since 8:00 a.m. I turned to put on my shoes and unfortunately one of them quickly found a scent or something to chase, a rabbit or chipmunk or cat, I don't know. He pushed under the fence at the top of the gully. No sooner than he was through the fence I was there, but following the scent he bolted into your back yard then up into your weedlot. Since I was right behind him he did no damage, dug no holes and did not defecate; all there was showing our presence was a path of our footsteps (a path of bent-over grass similar to when deer go through) . I caught him in the upper part of the lot in the area covered by brush and high weeds. Had I not been calling him and the other started to bark, you probably would not have known we were there. (Frankly, h don' tcare l you fenceeto comethroughThewhole ) carried him back through your lower back yard to where I had pulled up my thing was no more than three minutes. I do not want my dog running loose with the possibility of getting hurt or getting deer ticks from that high grass and brush. Neither do I want to be wasting my time chasing after him. Instead of considering this you came out screaming and yelling and pointing your finger. Fortunately or unfortunately, because of my headache and your screeching A"\ all your vituperous words were wasted - I didn't understand a word you yelled. All I said to you, though was, "Marion, you' ll die bitching. " Harry and Marion Taggart September 08, 2001 Page 2 David Taggart That said, I am curious about a couple of other events. On August 29th in the afternoon the black and brown female dog from the corner, 1502 Slaterville, was in your yard. First she was in Mecenas' back yard at the fence, barking. My dogs heard her and ran up there, barking to her barking. I got them in and ran to let the people know she was out. By that time she had circled through Mecenas' back lot, through my back lot, and into your yard. She ran into Pine Tree Road -- I stopped traffic and caught her across the street at 110 Pine Tree. On Wednesday, September 5th at just about the same time as the previous week - around 2:30 p.m. - a black poodle was in your yard then in my yard. Again, I ran for the leash and biscuits and went to catch her. She went back to your yard, me following and I went through all the yards on the downhill side of her to keep her-from getting into the road. I knew she came from a house up the street as as it turned out she is the Colle's dog. Perhaps you did not know whose dogs these - -are; now that you do I will be waiting to learn if you call the SPCA to complain about dogs wandering loose in your yard as you have done with mine. You have been told by the SPCA that they will not be coming to answer your complaints because they know there are other issues causing your animosity toward me (you don't like my pine trees, the trees across the back, my yard. . .) . Now you have turned to the sheriff to answer your petty complaints, thus wasting their time. Go ahead and have me arrested. That is preferable to someone's pet getting hit by a car. And, it will make a nice story in the Journal because when you choose to have me arrested, waste my time, waste the time of the sheriff's office, and court time when there are criminal matters that more need their attention - then be prepared. I will go to court and you will have to come in too. And it WILL make news. And don't forget -- you have twice refused to meet with the Community Dispute and Reso- lution Center; and told them you would sue them for harrassment. If you want to play this game, fine. You want to up the ante? It's up. If you want to throw threats around and have me arrested then I will pursue trespass charges against you for the two incidents described in the first paragraph. Here' s what I suggest you do (since you refuse to meet through the CDRC) : stop and count to ten and ask what harm was actually done and if it really matters. Think about whether you complained about those cats from 111 Pine Tree killing birds and crapping in your yard. Then if your irrational factor hasn't gone down go ahead and have me arrested. You had better be ready for a long, drawn out, nasty fight. Get a grip already. Maybe there's some way to better use your time, like making an:* equally big stink about the vehicles that are speeding up and down Pine Tree Road. (You're in a lot more danger there than from my lawn. ) And perhaps, since you have four times used the services of the SPCA, you should consider making a contribution to the Helen Mulks Fund at the SPCA to help reduce the number of unwanted animals that get dumped in our community. Karen Herzog /4"\ 107 Pine Tree Road Ithaca, New York 14850 September 10, 2001 HARRY AND MARION TAGGART DAVID TAGGART 109 Pine Tree Road Ithaca, New York 14850 THE ISSUE OF DOGS BARKING I am aware that on Friday when Deputy Little visited you (you wanted me arrested because I came into your-yard .to get my .dog) you told him that the reason other dogs bark around the neighborhood is my dogs. I suggest that prior to the trial of this matter before Judge Bordoni on September 19th (5:00 p.m. ) you think through the issue and the actual events of each day. Of special interest will be the time before May 2001 and as a very good example, the past four days. Karen Herzog 107 Pine Tree Road Ithaca, New York 14850 r September 10, 2001 /'1 Mark Dresser Tompkins County Sheriff's Office Warren Road Ithaca, New York 14850 Call to my residence by Deputy Little on September 07, 2001 regarding neighbors, Harry, Marion and David Taggart wanting me arrested due to dog in their yard Enclosed is the letter telling the Taggarts not to come into my yard (dated September 05) as I discussed with you, I am sending it by certified mail today. There is also a second letter (dated September 08) following Deputy Little's visit to me on Friday. The letter did not get sent last week due to a very bad food reaction that made me ill on Thursday, Friday and Saturday. I also have a third very short note regarding the barking issue. When Deputy Vestal came here a few weeks ago I told him I had called based on advice of my .attorney, Richard .'John, who told me to talk with your office about pursuing a com saint of harrassment (based on all their petty and false claims about my dogs. Mr. Vestal said he could not talk to .them to pursue harrassment because they had not threatened me. I told him that their complaints about the barking were untrue and outrageous, and I said that they had not complained against any other neighbors concerning their dogs barking. I asked Mr. Vestal if to make that point I was going to have to go so far myself as to make complaints against those neighbors, and he said, in effect that might be a way. I told him I thought that was ridiculous and I did not really want to complain against four other neighbors. On Saturday I went to the SPCA to make those complaints because during Deputy Little's call to the Taggarts on Friday they told him it was because of my dogs that other dogs bark. The history of other neighbors having (barking) dogs preceeds me having a dog. When I got to the SPCA I tried to talk this through with them but they were not helpful . In the end I could not be so mean as to complain against other neighbors - it is ridiculous. Part of the reason I have the dogs is as a result of the situation resulting in the enclosed (copy) of Order of Protection issued for me by Judge Larkin against Christopher Byrd. Mr. Sullivan of the New York State Police handled the matter and can give you the details or I will be happy to talk with you about it. He advised me to request the Order of Protection. Christopher Byrd was a student when I was a substitute teacher in Spencer. In 1993 he made obscene telephone calls to me. This started again last September. This is a matter I wish to remain confidential , not to be shared with the Taggarts. r'1 1 ap Mark Dresser September 10, 2001 Page 2 Tompkins County Sheriff's Office Thank you for calling me a week (or more ago). I appreciate your time and /'O'N assistance in helping me figure out how to work out this neighbor problem. I tried to set up a meeting through the Community Dispute and Resolution Center but the Taggarts threatened to sue the agency for harrassment. This is a very big waste of time for everybody concerned. I don't want any contact or interaction with them at this point since I tried to get them to sit down to talk. I don' t want to be in their yard or my dog to be in their yard -- that was an accident. The letter details all that I know to be a problem to them. I do not wish to have to write them any more letters or have communication with them. The SPCA Animal Control Officer called me this morning to ask if I wanted to come in to sign complaints about the barking. I told her I was undecided. She also told me that once again I have two complaints that the Taggarts are signing this afternoon because my new adoptee (dog) pushed under the fence - as related in the letter. The previous ACO had told them that they could not be calling the SPCA as an outlet for other "issues". Apparently, since I was not arrested they have decided to pursue complaints through the new ACO. At this point I want to talk with you about how to proceed with the issue of Mr. Taggart having been in my yard. Thank you. KAREN HERZOG 107 Pine Tree Road Ithaca, New York 14850 273-7015 copy: Sheriff Meskill November 28, 2000 HARRY and MARION TAGGART 109 Pine Tree Road Ithaca, New York 14850 FENCE BETWEEN BACK YARDS OF 107 and 109 PINE TREE ROAD On Saturday, November 25th I ran a string line between posts placed by surveyors (hired by me) in April 1998. As the line shows a post support of your garden fence and part of the west side of your fence cross the property line. I have twice moved that post back onto your side but it keeps :Finding its way back to its current location. I would appreciate if that _post and fence get moved back to your property by Friday, December 1st so that I can continue to trim brush for my fence installation. If you have any questions about the property line you may call me or contact the surveyors directly. If you feel there is any need for the surveyors to come back to recheck or recertify placement of posts that will be at your expense. All set pins placed by surveyors in 1998 are on the line. All posts placed by surveyors are on my property, at my instruction to them, and directly abutt the property line, as illustrated (posts are four (4) feet high, twenty (20) feet apart on the front lot and farther apart on the back lot, and are placed above ground level to demarcate the property line for easy reference and mark for future fence installation). S.�fJa j Pmt wig Pe.c.�ga��. �IM.Q i ircn �' 101 1� 1. tset�a`c I a..:�zyytcYQc�t IytiS 5n I��.a_ , "et pin 19 101 Pial �S"k-A. I- ig'L --lr�.:,�e k�r+e��l �a�vLt Iv+sid.e )r►"f � -Fa,�e.w.sralla A I ` J 0,\ t r% 01� ! I HARRY AND MARION TAGGART November 28, 2000 Page 2 The fence between the two back yards and adjoining the top portion of the gully is essentially finished. The posts and fence have been set inside my property line (reference string line); the fence is not to be construed as the property line. Location of set pins and posts placed by surveyors (posts have pink flags) are to be respected as the property line. Likewise, on the lower portion (opposite your parking area) where there is now the wood fence the set pins are more than one (1) foot from the fence; the wood fence is not to be construed as the property line (as when your son, Harry, cut off the top of my (over six foot tall) maple tree. The fence has been installed following your complaints about my dog running through your yard (four times since July 16, 1999, and the fifth time on Thanksgiving 2000 a.m.) . (Along the way, when he saw you in the window he stopped to bark, since he reacts to motion and reflection.) On the occasions when lie has come across he has been chasing after the cat(s) from 111 Pine Tree. There cats have been coming to my yard for almost two years --to kill birds, and eliminate under any bush or in fresh soil they find. If the cats continue to come to my yard I will erect whatever barriers are necessary to keep them out and to keep them from provoking my dog. The fence I am installing is as much to keep the cats out as to keep him in. AS YOU KNOW, (since you have been watching from your windows) I have had various people there looking at the fence work to be done -since July, if not before. As you may not know, the first fence person had a very serious accident when a speeding car ran into him on the driver's side--he has been unable to do his work. The job is too small for fence companies (you have seen two there) , and I now have another independent guy doing the work. I had hoped when I called the Community Dispute and Resolution Center to sit down with you and talk, with a third party, thinking that you might understand this. However, since you did not have the courtesy to call the CDRC back but rather had to have your son, Harry, call and beg you off, I am at a loss as to YOUR attitude. Frankly, at this point I am immune to all your complaining. What is in my yard is not your concern; whether I grow cactus or cornstalks there (as Andy Frost essentially told you) is my matter, not yours. If you don't want to look at what is in my yard, then LOOK THE OTHER WAY, or put up YOUR OWN fence so that you don't seen what you don't want to see. Now I am just waiting to see what the next way is that you will attempt to get at me. Since y- el+N-Ito the SPCA about the last incident, I am now keeping a log of exactly when dog is out and when he barks so that I may present that to the SPCA and sheriff if you choose to call them again. Finally, on Thursday, November 23, 2000 at Pat approximately 4:30 p.m. I was trimming brush in B back lot in preparation for the fence. You, Mrs. Taggart, were watching me and yelled out your back door. I do not appreciate being yelled at while workint ON MY PROPERTY. Hence, the string line was place so that you can EASILY SEE that I am not in your yard or on your property. KAREN L. HERZOG !~� 107 Pine Tree Road Ithaca, New York 14850 December 07, 2001 Mark Dresser Tompkins County Sheriff's Department Warren Road Ithaca, New York TAGGART/HERZOG INCIDENT OF SEPTEMBER 07 AND OCTOBER 23, 2001 On September 07, 2001 the Taggarts called the Sheriff's Department because my dog chased a cat from my yard, under the fence and into their yard. I under- stand the Taggarts wanted my arrested for trespass. After Deputy Little made his call to them and then to my house, apparently with little satisfaction to the Taggarts, they called the SPCA about the matter, resulting in yet another summons to appear for me. (Reference copies of letters to you. ) On Monday, December 10th there will be a trial on this matter in Judge Bordoni 's court. On October 23rd Deputy Manning responded to my call regarding the trespass by Mr. Taggart to dump his yard waste in my back lot. I don't know what transpired when Deputy Manning visited the Taggarts, but shortly after 5;00 p.m. , just after Deputy Manning left„Mr. Taggart (Harry) brought a barrel of material back down from my back lot. I have checked the area several times since then and some of the yard waste is still there. Mr. Taggart over the years has dumped yard waste in my lot -- until about three years ago I raked it up and. dumped it back in his yard. I had the area surveyed and markers (posts) put in every twenty feet; I put a string line on the posts. When I found the pile of yard waste in October, I noted that the string line was down and fairly neatly rolled behind a bush. This could not have been done by a deer breaking the line when running through. By this letter I am notifying you of the situation at present. I am enclosing a copy of a letter from Catherine Valentino to the Taggarts when mentions the expen- diture of time on the part of Town employees as a result of their calls. Because of that letter and matters related and because I have long thought this is a huge waste of time on everyone's part (SPCA, Town, Sheriff, CDRC when I have called them) I will not call your department again unless one of the Taggarts threatens me verbally or physically, threatens or harms one of my dogs or does damage to my property. Furthermore, these matters have cost me well over $1,000 with the survey and fence; I have hired a lawyer to deal with this and the bench trial Monday. The legal expense may well double that figure. . . .legal expense at this point is over $300. If I include the cost of MY time . . . the number gets even larger. The constant aggrevation by the Taggarts if foolish and ridiculous; thinking of my time, not even considering the money, I could have used that time in far better and more satisfying ways. I am angry about this - that is why I have hired the lawyer. Thank you for your time in t lking to me and the time by department staff. Kare ren He 107 Pine Tre Roa L Ithaca, NY 14850_ ri 1 10, 2003�1, : CATHERINE VALENTINO APR i Ithaca Town Supervisor 215 North Tioga Street Ithaca, NY 14850 f I EST L riTA5A-fUl 107 PINE TREE ROAD/109 PINE TREE ROAD NEIGHBOR DISPUTE Enclosed for your information is correspondence to Raymond Bordoni at Ithaca Town Court. Although lengthy it is self-explanatory—the Taggarts have taken their frustration out on me, -- however untruthful their statements and how hypocritical they are in their actions. I provide this to you as information for the file -- as you will see by the copies of Sheriff Dispatch: Reports -- while the Taggarts were complaining about my dog running in their yard (total of about 5 minutes) they were dumping yard waste in my back lot. As a matter of fact, the Taggarts dumped brush and yard waste in the lot behind Ill Pine Tree -- the lot which belongs to the Baldwins -- or may be now part of the S.R. Park. Jones, at 111 Pine Tree, is doing the same thing. These people have lots of their own where they can pile their brush - or use the town pickup. Last winter I received a call from the Health Dept. saying that a complaint had come in that I had a pile of garbage in my back yard and rats were living in it. After several calls with Audrey and Frank Chase at the Health Dept. I had Frank come here. What he saw was my, "bird' s nest" compost bin (built on a design from Cooperative Extension) . He laughed. So. There was a lot more time wasted by county employees. Also a lot of my time. In fact, however, there were two rats. But the rats were living in Mecenas ' colmpoist (105 Pine Tree) , where they dump all kinds of kitchen waste, including whtle food. Anything going in my compost is pulverized in the blender - for that reason. Otherwise there are coffee grai'ns, and paperrtowels. All winter I had been dealing with egg shells, peelings and scraps being dragged across my back yard (my dogs eating it if I didn't get to it first). It was being stashed in my beautiful , loose compost. But I had never seen the rat. What I saw was chipmunks, and that is what Taggars must have seen because that is what I caught in the trap. Eventually I caught two rats in the Hav-a-Heart and had to deal with them. Now. Harry Taggart could have set a trap in his yard as well because the rat was going into his fenced garden area, which is overgrown with weeds. But he chose to complain about me - and leave the dirty work and expense of time to me. Meanwhile, there are rats in the sleuce (sp?) near 108 Pine Tree, Road, where there is a day care. But I guess that doesn' t matter. CATHERINE VALENTINO page 2 Ithaca Town Supervisor April 10, 2003 Not only do Mecenas" have this big pile of waste right near my back fence, they also walk their two dogs down the old railroad line, on other e6ple's property, several, times a day -- and let the dogs defecate hind the 1500 block houses on Slaterville Road) . They never pick it up. The flies are wicked in summer. Point of interest. All my dog waste is IMMEDIATELY picked up and put in a bag with institution-use approved poison. No flies. As for Mecenas, at one point he was sitting, on his back porch shooting a gun I don't know what at. I called the State Police to ask what I could do about this - I knew there was a required distances from homes. A trooper came RIGHT over--he asked if I wanted Mecenas arrested. I told him, "No--just warn him, I 'm working in the back yard, my dogs are running in the back yard, " That, I felt would be sufficient. Now I am getting retaliation: from Mecenas. Of course, I don' t want people arrested for these things-- but as you see by the enclosed, my neighbors are so petty that they, can waste a lot of valuable time of services we are paying for -- wasted on NONSENSE., Apparently the Town so needs the $120 fine imposed on me that the Judge could not assess, this situation and use the latitude he has to chastise all parties concerned for this nonsense. It was not enough that Deputy Little warned me. Not that it will make a bit of difference to the dog if he wants to, go after a cat or rabbit. Nor will it make a bit of difference to me - because I AM NOT going to let my dog go running off and get harmed. (You! know, Mecenases, were in my back lot last October - looking for their dog that had gotten away from him. She (Mrs. M. ) was frantic -- in spite of what they have done to me, I helped - and I didn' t go calling the sheriff or SPCA to give them tickets. What' s the phrase? "Random acts of kindness. Should I be calling and pupetrating this foolishness? KAREN HERZOG 107 Pine Tree Road Ithaca, NY 14850 273-7015 N.B. Two hours - TWO HOURS Judge Bordoni let the trial go on; let the FOUR Taggarts whine for TWO HOURS about the dog running in their yard, and the HORRIBLE barking (see comments in his letter about that) . Meanwhile I got to speak for about 15 minutes - in response to questions - AND ALL THE WHILE PAYING FOR AN ATTORNEY WHO I TOOK FOR THE SOLE PURPOSE THAT MAYBE HAVING HIM THERE - WITH CASE LAW - WOULD CUT THROUGH ALL THE "STUFF" THAT WAS BEING SPEWED. � z " I / a 31 116,1 �, C�, CA : mel I f rwel I;0,s Cro�if uwci Unt'Vy"" FlAU'W"NE all 4681243751 Employee 1,47 Receipt 411152344 Date: 04/11/2003 Time: 15:23:02 Account- 41116 Checking Account Sub- 1, Check #: 4681243751 Karen Herzog Cashier' s Chk Withdrawal #46BI243751, $12MO— New Balance $37. 99 1EJ D BY TENS'f,'MX,'f0AENT HAS AN ARH"jCtAf.WATVPMAF�K PFVB g EDrj�j THE WK THE FrWNT OF tHr 0MUME"Iff HAS WCOIAMRE UWE,ASSENCE 0.78%:'71 Epp- LIP-1-15 71� Cornefl FingerLakes Credit Union 4 6`�+2'A-17 5 1. 519 CuA 1030 Craft Road Ithaca,NY 14860-1016 N A OFFICIAL HECK 6071257-8500 N,W-m C,14(911, U.q AW.w 2213 04/11/20103 Pay ONE HU�NDRED TWENTY AND 00/100 DOLLARS TO^* 0 OF: Nr • RTVVO SIGNATURES PEQUIPED,FOR AMOUN7,SOF VWWO)OF MORE-i Ithaca Town (,'our-°t Re. KAREN HERZOG ASSISTANT TMEASURER FAYAPLE THRO4J04 8 9&r CMARLESrCN,WI/ 1:05 190103S31:00146F L 2 4 3 7 S 14,11 1 } -rown Courto a -t 215 Nor-th -ric:pga S-tr_jee-t NY 14850 Raymond Bordoni (607) 273-0493 Town Justice (607) 273-0493 January 9, 2002 KAREN HERZOG Case Number: 01100079 . 7 107 PINETRE'E RD Violation Date: 10/11/2001 ITHACA, NY 14850 Statute Section Charge Text _-Pis iposition Fine Surchq, TL 2-A AT LARGE DOG FINE 40' . 00 0 . 00 TL 2 -A AT LARGE DOG FINE 40 . 00 0 . 00 IN 2-B NUISANCE BARK FINE 40 . 00 0 . 00 Total Due : 120 . 00 Payment Due Date: 01/24/2002 This Court h arge/s listed above . ' The d mandatory surcharge/s imposed payment of fine/s and surcharge/s must arrive in this Court before the due date shown above . NO PERSONAL CHECKS, ONLY MONEY ORDERS AND CERTIFIED CHECKS ACCEPTED! MUST PAY IN US FUNDS ! ABSOLUTELY NO PARTIAL PAYMENTS ! MUST BE PAYABLE TO "TOWN OF ITHACA COURT" ! Please return this notice and include a self-addressed, stamped envelope with your payment . Address your envelope in care of Judge Raymond Bordoni at the address on the top of this letter. If your payment is not received by the due date of this letter, the Department of Motor Vehicles in Albany will be ordered to suspend your driver' s license . Very truly yours, Raymond Bordoni Ithaca Town Justice C4 Val d'r: .rI rrr. ..,rxu. t , . B "LII : ,April 10, 2003 ®ear Time Warner Cable Franchise Official: am writing as part of our ongoing efforts to beep you apprised of developments involving the ownership of our local cable television system. I wrote you last fall regarding the ACL Time Warner Inc. agreement with AT&T Corp. to restructure Time Warner Entertainment Company, L.P. ("TWE"), a partnership which holds an approximate 2/3 partnership interest in and is the managing general partner of Time Warner Entertainment-Advance/Newhouse Partnership ("TWEAN"'), the cable franchisee in your community. On March 31, 2003, we completed the restructuring of the TWE partnership and approximately 94% of the equity and all general partnership interests in TWE are now or soon will be held by Time Warner Cable Inc. through its wholly owned subsidiary Time Warner NY Cable Inc. Once again let me assure you that these developments will have absolutely no impact on our cable system, its operations or local management. TWEAN will continue to be bound by the terms and conditions of the Franchise, subject to applicable state and federal law. Please do not hesitate to contact me should you have any questions or if I can be of any assistance. We certainly value the fine relationship we have with you. Very truly yours, Mary L. Cotter President ter, %Re: Lake Source Cooling summer flow rate Page 1 of 2 Mary Russell From: James R.Adams gra4@Cornell.edu] Sent: Friday,April 11, 2003 3:54 PM To: RD Cc: Catherine Valentino; Mary Russell;Will Burbank; Bill Lesser; David Klein Subject: Re: Lake Source Cooling summer flow rate Dear Mr. DePaolo, Cornell's contribution of total phosphorus(TP)to the southern basin is far less than modeled in the EIS - a model that predicted no significant impact. It is important to note that summer TP levels in our return water have averaged 0.012 mg/liter. This means that even if the plant were operating at full capacity, that the TP "loading" from LSC would be only 60%based on the EIS TP of 0.020 mg/liter. While the plant does run near 100%at times in the summer, you correctly point out that our aggregate summer average for the last 3 summers has been—55% of our permitted capacity. Thus our actual total "loading" has been only— 33%of what we modeled. Assuming that TP concentrations in the lake stay the same or decrease,the only way that LSC's proportional input of TP can be higher than modeled in the EIS would be for the other sources to reduce their inputs. If this happens, it would be a good thing! Since the EIS, the IAWWTF has reduced their input by approximately 40% (-1.0 mg/liter to—0.60 mg/liter) by adjusting their processes. Additional reductions are planned. This could result in further reductions in lake-wide TP, which would mean even lower levels of TP in the LSC return water. Meanwhile, LSC's contribution is only 33%of what was expected and will certainly not exceed the levels analyzed in the EIS, even when plant utilization grows in the future. Jim Adams Director of Utilities At 8:03 PM -0400 4/8/03, RD wrote: Dear Mr. Adams, Thank you for introducing yourself to me after Monday's Ithaca Town Board meeting. I read with surprise in today's Ithaca Journal that you were attributed as having said that LSC "already operates at nearly 100 percent capacity in the summer months." According to Discharge Monitoring Report data in the EPA Permit Compliance System database, the project has discharged an average of 1.09 cubic meters per second (almost 25 million gallons per day) over its first 3 summers of operation(July through September in 2000, June through September in 2001 and 2002). That's just under 55% of its 2 cubic meters per second(46 million gallons per day) permitted capacity. Given the historical data on the plant's operation, it seems reasonable to agree with Mr. Werthman's conclusion that LSC's contribution of phosphorus to Cayuga Lake's southern basin will go up proportionally as expected demand and subsequent flow rate increase. Do you have any information that might account for the discrepancy between your assessment of LSC summer flow rates, and the flow rates indicated by the discharge data? 4/14/2003 Re: Lake Source Cooling summer flow rate Page 2 of 2 Sincerely, Rich DePaolo �1 4/14/2003 WXMWXMNMNNWWM Sc I am% E arabba Walker- & Co., 11.1 Financial INN111k N Certified Public Accountants Advisory 4W 100AMN" d"M-11bm M 200 E.Bvill"alt)street,SUitC402,Iffiaca,NY 14850 scrVices lm� (607) 272-5550+Fax (607) 273-6357 A Division of* VW Member of'In te i i ialionil Gi oup of'Accou i i6rig Firn is (IG A 1:) Sciarabba Wilker& Co.,LIT April 15, 2003 Town of Ithaca (C(DP 21,51 N. Tioga St, Ithaca, NY .14850 We are pleased to confirm our understanding of the services we are to provide the Town of Ithaca for the year ended December 31, 2002. We will audit the general purpose financial statements of the Town of Ithaca as of and for the year ended December 31, 2002, Our audit will be conducted in accordance with generally accepted auditing standards and will include tests of the accounting records of the Town of Ithaca and other procedures we consider necessary to enable us to express an unqualified opinion that the general purpose financial statements, are fairly presented, in all material respects, in conformity with generally accepted accounting principles in the United States of America. If our opinion is other than unqualified, we will fully discuss the reasons with you in advance.If, for any reason, we are unable to complete the audit, we will not issue a report as a result of this engagement. "O.""'Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confinnation of receivables and certain other assets and liabilities by correspondence with selected individuals, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this, inquiry. At the conclusion of our audit, we will also request certain written representations from.you about the financial statements and related matters. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. Also, we will plan and perforin the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. Because of the concept of reasonable assurance and because we will not perform a detailed examination of all transactions, there is, a risk that material errors, fraud, or other illegal acts may exist and not be detected by us. However, we will inform you of any material errors and any fraud that come to our attention. We will also inform you of any other illegal acts that come to our attention, unless clearly inconsequential. Our responsibility as auditors is limited to the period covered by our audit and does not extend to matters that might arise during any later periods for which we are not engaged as auditors. We understand that you will provide us with the basic information required for our audit and that you are responsible for the accuracy and completeness of that information. We will advise you about appropriate accounting principles and their application and will assist in the preparation of your financial statements, but the responsibility for the financial statements remains with you. This responsibility includes the establishment and maintenance of adequate records and related internal control structure policies and procedures, the selection and application of accounting principles, and the safeguarding of assets. Management is also responsible for identifying and ensuring that the entity complies with applicable laws and regulations. JAcHents069101/gel-la We understand that your employees will type all cash or other confirmations we request and will locate any invoices selected by us for testing.. Our audit is not specifically designed and cannot be relied on to disclose reportable conditions, that is, significant deficiencies in the design or operation of the internal control structure. However, during the audit, if we become aware of such reportable conditions or ways that we believe management practices can be improved, we will communicate them to you in a separate letter. We expect to begin our audit on approximately April 21, 2003, and to issue our report no later than ,lune 15, 2003. Our fee f""these services and the justice audits discussed below, will be at our standard hourly rates plus out-of-poet cosm(such as report reproduction, typing, postage, travel, copies, telephone, etc.) except that we agree that our gross fee, not including expenses, will not exceed 14,900{ . Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned. to your audit. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. The above fee is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. As part of this year's engagement we will also perforin an audit of the Town of Ithaca Justice Courts, These audits will begin in early summer and reports issued timely upon completion of field work. We appreciate the opportunity to be of service to the Town of Ithaca and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. . Very truly yours, 6C)a' Aak � � : Lb. Sciarabba Walker&Co., LLP RESPONSE: This letter correctly sets forth the understanding of the Town of Ithaca. By-—L rx_, �; �.t Title: Supervisor Date: 4/22/2003 JAclicnts\690l fgcl-1 a S h e e n 935 east ave., suite 300 • rochester ny 14607 • (585)4614263 fax 461 5177 • email sheen( netacc.net 1^,,,. 2520 county rd. 28 • canandalgua ny 144?-4 « (585)396188o . fax 396 1126 » email sheen 2-(a netacc.net April 22, 200 tl l.JP i"�tE S� Ms. Catherine 'Valentino Most Rev. Matthew H. Clark Town of Ithaca Rt. Kerr, .back M McKelvey BOARD OF WRECIORS 215 N. Tioga Street � ���' _._.. Patrick L, Cusatc, Ithaca, NY 14850 President. Joseph Hanna Dear Supervisor Valentina: Vice President Jeffrey Parker Sheen Housing is requesting funding from the New York State Secretary Affordable Housing Corporation (,AHC). We thank you for your support of Paul H. salmin Treasurer Bishop Sheen FcumenicaI Housing Foundation (Sheen Housing) and ask Dominick Caroselli your assistancein the form of a letter of support. Allan Chapman Ronald Cocquyt The AHC Senior Home Repair Program is for very low-income Michael Connelly Karen DiNarda senior owner-occupied households who are experiencing a repair need that Mases Gilbert threatens the health and safety of the residents. Seniors in our community Mark Greisberger Roseanne Hennessey are vastly underserved. This is a very essential program for very low- Joan Hensler income seniors facing no other means of assistance. Seniors participating ichard Krapf byrnand mens in this program have incomes at or below 50% of median for the area. In ,rmner Pearsall many cases, the senior's annual household income is less than the amount Martha Reagan Stephanie B. watts of the repairs required to assist them. APlynn Smith Would you please provide Sheen Housing with a letter of support for this home repair program? We would need this letter no later than Wednesday, May 7, 2003 in order to include it in our application. We have provided a sample support letter but encourage you to add anything you find pertinent for your area. Blease contact us directly at (505) 4511-4263 if you have questions or need additional information. Sincerely, I Deborah Harris Housing Counselor dlh website www.StieenHousing.org, � EQUAL HOUSING OPPORTUNITY Ms. Deborah Hams Housing Counselor Bishop Sheen Ecumenical Housing Foundation, Inc. 935 East Avenue Rochester, NY 14607 RE: AHC Application for Senior Home Repair Program Dear Ms. Hams: It would be a pleasure to assist Bishop Sheen Ecumenical Housing Foundation, Inc. by providing a letter of support for its application for funding to the New York State Affordable Housing Corporation for$300,000. It is my understanding that the funds requested would assist a minimum of 56 senior households with emergency home repair grants. These very low- income owincome seniors will have repairs done within the home that will eliminate health and safety concerns for the occupants of the home. The proposed program will have an impact on the lives of low-income seniors as well as the communities in which they reside. This is definitely a worthwhile endeavor and I give it my wholehearted support. If I can be of further assistance, please let me know. I From: Jeff Hanavan APR 2 9 2003 320 University Ave. Ithaca, New York 14850 T 1'A N OF ITHACA To: ?� r_ ���?.#;: 2701' G, Et.?:;INEERING Town of Ithaca 215 N.Tioga Ithaca, New York 14850 1 am writing this letter for the purpose of informing the town of my intentions with the parcel at 1407 Mecklenburg Rd.,tax map number 28.-1-10.42, and to request a modification to the revised zoning plan currently under consideration. My wife and I purchased this parcel in the summer of 2002,with the intention of continuing to farm it and one day building a house on it. The parcel is approximately 40 acres,with 26 of those being tillable. While the land has been previously used for crops such as com and hay, our intent is to build a farm based on the cultivation of fruit trees,flowers, herbs, and vegetables. We would like to create value-added products from these items, including distilled essential oils and distilled fruit brandies. These value-added uses would,of course, require a zoning variance regardless of which way the parcel became zoned in the revision. I will be applying for this variance within the next six months. The land is currently zoned R30,and the revised plan keeps it as LDR. Our contention is that this property should be zoned Agricultural in the revised zoning plan. We do not want to subdivide the land for residential development, and believe that its proximity to the Coy Glen Critical Environmental Area make it inappropriate for development by anyone. A large section of the property, specifically the area adjacent to the stream and gully that leads to the Coy Glen Critical �1 Environmental Area, is defined as a Unique Natural Area by the Tompkins County Environmental Management Council. Cornell University has already protected an adjacent property, parcel 28.- 1-28.53, which is also a part of the same Unique Natural Area. Our wish is to protect this entire-area, retaining its beauty and cleanliness, by exercising organic farming practices,and limiting damaging development. Thus we request a conversion of our parcel,28.-1-10.42,to Agriculture use zoning. There are two other adjacent parcels that deserve consideration as conversion to Agricultural. One adjacent parcel,28.-1-8, is currently zoned half R30 and half Agricultural,and in the revised plan is converted over to entirely LDR. Another adjacent piece,28.-1-10, is currently zoned R30 and in the revised plan remains as LDR. Both of these properties consist of a large amount of land that is a part of the same Coy Glen Unique Natural Area. Most of this Unique Natural Area land is undevelopable due to steep slopes adjacent to the feeder streams into the Coy Glen watershed. For the sake of a consistent treatment of this natural area,a conversion of all three of these parcels to would be appropriate. If you need any further information,or wish to discuss the issues with me further, please feel free to call me at 254-5435. Thankyouf our consideration, L Ob /effnavan �q as / 0 f A m L, ' r ow r n 11} p � a .JO s v . J h 'Ja- �1 �� BARNEY, GROSSMAN, DUBOW & MARCUS ATTORNEYS AT LAW SENECA BUILDING WEST JINN C. BARNEY SUITE 400 FACSIMILE PETER G.GROSSMAN 119 EAST SENECA STREET (607) 272-8806 DAVID A. DUBOW ITHACA, NEW YORK 14.854 (NOT FOR SERVICE OF PAPERS) RANDALL B. MARCUS JONATHAN A. ORKIN (607) 2..73-6841 May 20, 2003 HAND DELIVERED Catherine Valentino, Supervisor Town of Ithaca 21.5 North Tioga Street Ithaca,New York 14850 Re: 2003 Water Im Improvement �`"�-� p s����,c,r Bear Cathy: You will recall that on Monday morning,we discussed the use of a statutory installment note in connection with the Town of Ithaca's 2003 water improvement project. At the time I was not certain whether we could use a statutory installment note again for this project, in view of the,fact that we are contemplating using a$1,000,000.001, atutory installment note for the highway facility I called.Doug Goodfriend, our bonding;counsel guru and he advises that the statutory installment node is limited to $1,000,000.00 per year. Thus, if we are using the statutory installment note for the highway facility, we could not again do it on the water project. Doug did point out to me that you could use bond anticipation notes for as long a period as you wanted to. Apparently a water project that is financed by benefit assessments is not limited to the five year period of roll-over of bond anticipation notes. The only limitation is the period of probable usefulness for the project, Assuming a period of probable usefulness of at least 20 years,you could use bond anticipation notes renewing them every year far as long as wanted. The downside to this approach is that the interest rates may go up and what you could get a bond anticipation note for three years from now may be more than the interest you would pay if you were to serialize the whole issue today. We can discuss this further at the next meeting but I wanted to drop you a note giving you this information before we met again, " With hest regards. � Sincerel yours, JCB:sls xc: Douglas E. Goodfriend, Esq. ` d.- Al Carvill, Budget Officer Tee Ann Hunter 'gym: Mary Russell bent: Wednesday, May 21, 2003 4:34 PM To: Creig Hebdon Cc: Catherine Valentino;Jonathan Kanter; Tee Ann Hunter; Dan Walker; Lori Quigley Subject: Unfiled easements Creig, I just had a conversation with J.B. about the unfiled easements. He said that many if not all of them may have been acquired and then not needed by the Town because the lines went elsewhere. Also, if the property subject to the unrecorded easement has been conveyed to a new owner and that owner took the property without knowledge of the easement, then that owner would have a strong legal argument that he took the property free of the easement. (Our argument would be that the owner was in fact on notice of the existence of our lines because of the existence of manholes, etc. At any rate, it puts us on shaky legal ground.) Therefore,we would need to acquire new easements from current owners and record those in order to feel any confidence we hold a valid easement. Is there a way to check to see if these are easements we are actually using? If so,we might want to do so before we spend time checking them at the courthouse, since most of them on the list may be unenforceable. Mary R. 1 " IT CITY OF ITHACA 108 East Greed Street Ithaca, New York 14€150.5690 �^e a OFFICE OF THE MAYOR- ALAN Ji COHEN ,. Telephone: 607/274-6501 Fax: 607/2274-6526 6/1/0 Ms. Catherine Valentino, Supervisor Town of Ithaca 2.15 North Tioga Street Ithaca, N.Y. 14850 Dear Supervisor Valentino, I am writing to share some information with you regarding the Ithaca Fire Department (IFD). Even though our contract does not require such communications, I feel it is in the best interests of all involved to share information when we have it. As you know, Ray Wheaton recently retired from the IFD. Chief Wilbur has filed a request to fill the vacancy and that is currently under review. We are waiting for the chief to submit additional information at this time. In my mind, given the city's fiscal outlook, it is unlikely that we will authorize the filling of this vacancy at this time. I am sure we both support a strong " ''?4 enforcement effort by IFD, and e are looking' at how to reconfigure our current personnel to ensure that we have a good program. As we move closer to the annual budget review, I seek your input and ideas on how to bring in more resources for IFD. The city will scrutinize the IFD budget as closely as any other city department, and layoffs are a possibility. If you have any ideas to prevent this, I welcome them. As always, thank you for your strong support of IFD. I look forward to hearing from you. 1 Respectfully, 3 2003 "An Equal Opportunity Employer with an Affirntativr Action Program, a� Page 1 of 1 Catherine Valentino From: jonathan bernstein [loosegoose@usadatanet.net] Sent: Friday,June 06,2003 2:33 PM To: Catherine Valentino Subject: regulating jetskis I'd sure like to see the town support a strong signal to PWC users to keep it 500 ft from shore, both from the disturbance they create for waterfowl and the humans along the shore. Thanks,Jonathan Bernstein 6/11/03 Catherine Valentino e-kom: BAC [bac3@clarityconnect.com] nt: Friday,June 06,2003 5:14 PM 10: Catherine Valentino Cc: cayugalake-owner@yahoogroups.com Cathy Valentino, Town Supervisor We support the regulation of jet skis as well enormous and extremely noisy power boats. The noise is increasing steadily and is to a point where we cannot carry on a simple telephone conversation inside our home with the doors and windows closed. If I were to drive an automobile that made that much noise I would be arrested. Still few if anyone is doing anything about this nuisance. Most everyone I contact, tells me to report and complain to someone else. I now ask you to bring this matter to attention before property values drop, wildlife declines, and our lake turns into a swamp of green slime and weeds. I believe a 500 foot buffer zone along the shore where jet skis are restricted in speed may help to reduce noise along the shore and to create safety for swimmers, kayakers, canoers, crew boats, people fishing, and wildlife habitat, but a full ban of jet skis and extremely noisy boats would be much better. Sincerely, r4no'uce Clark .terlaken Beach Road Interlaken, New York 14847 1 Page 1 of 1 Catherine Valentino From: mary iandoli [seaotter350@yahoo.com] Sent: Saturday, June 07,2003 11:05 AM To: Catherine Valentino Hello Cathy, I am writing to encourage you to support regulation for jetskis on Cayuga Lake. A 500 fott buffer zone, in which jetskis are restricted in speedd, will reduce noise and increase safety along the shore. Last summer when kayaking with my family of 4, we could not communicate with each boat, due to the incredibly loud noise of the jetskis. We left the lake, discouraged. Please support this regulation. tthank you mary iandoli 272-9490 Do you Yahoo!? Free online calendar with sync to Outlook(TM). b/11/03 ?,4� Catherine Valentino ,mom: BAC[bac3@clarityconnect.com] nt: Monday, June 09,200310:45 AM 10: Catherine Valentino Subject: Excessive noise on Cayuga lake As a life long and year round resident on Cayuga lake, I want to express MY concern with excessively loud boats and jet skis. Some of these boats can be heard for at least ten or more miles. If I were to drive an automobile that loud I would be arrested. While we are not against power boats, we are against the excessively loud ones. Some are so loud, that we cannot continue a conversation until the boats are gone several miles from our area. There is no reason for this noise! Boats can be powerful and well muffled. Some foolish and ignorant people equate power with noise. These boats have little or no mufflers, and exhaust is above water level making the boat sound louder and more powerful. This excess noise has to STOP IMMEDIATELY, and we ask that you do everything in your power to stop it. Sincerely, Bruce Clark Interlaken Beach /0"�--erlaken, New York .tuber of The Interlaken Beach Association 1 oy�\� OF 17, . _ q TOWN OF ITHACA 9 4,� 1821 0 215 N. Tioga Street, Ithaca, N.Y. 14850 www.town.ithamny.us TOWN CLERK 273.1721 HIGHWAY(Roads, Parks,Trails,Water&Sewer)273-1656 ENGINEERING 273-1747 PLANNING 273.1747 ZONING 273-1783 FAX(607)273-1704 June 11, 2003 r Mr. Lawrence Fabbroni, P.E. Assistant Superintendent of Public Works, City of Ithaca Department of Public Works Water& Sewer Division 510 First Street Ithaca, NY 14850 Re: Water Service Agreement for West Hill and Inlet Valley Dear Mr. Fabbroni: The Town of Ithaca has completed a planning and design development process for providing the West Hill and Inlet Valley with water from the S.C.L.I.W.C. Based on engineering studies and cost analysis from the Town Engineering staff, and a recommendation from the Capital Projects Committee, the Town of Ithaca Town Board has accepted the need for water system improvements and has started the process for final approval of the Capital Improvement Project. Once the projects are approved I anticipate a three to six month construction process to complete the improvements to allow the supply of water to Inlet Valley and West Hill. Assuming construction proceeds as planned, the Town of Ithaca will be in a position to provide water to the Inlet Valley service area currently served by the City Gravity Zone by January 2004 and the West Hill service area currently served from the Oakwood Lane Tank zone shortly after. In reviewing the Water Service Agreement between the Town and the City dated November 5, 1992, which governs, in part, the exchange of water supplies between the City and the Town, it appears the contract was for an initial period of two years commencing January 1, 1992 (see paragraphs 12 and 13 of the agreement)ending December 31, 1993 subject to automatic renewal from year to year unless advance notice of intent to terminate is given (see paragraph 14 of the agreement). Given the Town's new situation, many of the provisions of that agreement will no longer be applicable. Accordingly, please take this letter as official notification pursuant to paragraph 14 of the agreement that the Town of Ithaca intends to terminate the above Water Service Agreement effective December 31, 2004. Indeed, to avoid any misunderstanding, the r� Town hereby terminates that agreement, the termination to be effective December 31, 2004. Please note for the City's planning and budgetary functions that the Town I:\Engineering\Letter to City of Ithaca re water supply agreement.doc DWalker Page 1 7/21/2004 anticipates disconnecting significant portions of its service area from the City's system eom*#� well in advance of the formal termination of the agreement thus significantly reducing amounts payable to the City under the terms of that agreement. As the Town will have a continuing need for water from the City to serve small areas of the Town and, we assume, the City will continue to have a need for the Town to serve small areas of the City from the Town's system, we look forward to negotiating and executing a new agreement with the City to cover our altered but continuing relationship well in advance of December 31, 2004, so that the new agreement may be in place upon termination of the current agreement. However, please note any failure to successfully negotiate a new agreement will not alter the termination of the current agreement as stated in this letter. We look forward to working with you to put in place.a mutually acceptable and beneficial replacement agreement Sincerely, Daniel R. Walker, P.E. Director of Engineering Cc: Catherine Valentino,Town Supervisor Mary Russell, Deputy Town Supervisor Alan Cohen, Mayor William Gray, Superintendent of Public Works City of Ithaca Common Council Members Town of Ithaca Board Members IAEngineering\Letter to City of Ithaca re water supply agreement.doc DWalker Page 2 7/21/2004 IT .... ...4CITY OF ITHACA 1(l8 East Green Street 3rd Flour Ithaca, New York 1485Ol-569O ............... qw DEPARTMENT 017 PLANNING AND DEVELOPMENT EL MATMYS VAN CORT,DIRECTOR OF PLANNING AND DE"VELOPMENT DOUGLAS B. WDONALD, DIREC]'"OR Off',CONOMICDEVELOPMENT JOANN CORNISH, DF-,I"UTY DIRECTOR OF PLANNING Sz DEVELOPMENT Telephone� Planning & Development -607-274-6550 Con-imunity Devehynient/IURA - 607-274-6559 E"Inail; Email: iuri@dtyofiLhaca.org Fax: 607-274-6558 Fax: 607-274-6558 June 19, 2003 Ms. Catherine Valentino, Supervisor 2110 2003 Town of Ithaca 215 N. Tioga Street ATTEST ITT�ACk'f6%�C�L Ithaca, NY 14850 - Re: General Information Notice— Potential Business Displacement 126 E. Seneca Street, Ithaca,NY Dear Supervisor Valentino: The Ithaca Urban Renewal Agency ("JURA") is, currently in the process of determining its property acquisition needs in connection with the Qmell/Cirri inell i Downtown ''- Mixed Project ("Project"). The pro42_Wy,.yqq cavern.located g4 121 E§e—neRiST] en c ("Subject Property")n be„ �. This notice is provided in accordance with the Uniform Relocation and Real Property Acquisition Policies Act of 1970 ("Act"), as amended, in order to provide you with general information regarding relocation services and benefits which may be available to you under federal law should IURA ultimately acquire the Subject Property and causes your displacement. However, this notice is NOT intended to confer eligibility of benefits nor provide notice to vacate the Subject Property. DO NOT MOVE NOW. You are urged not to move or sign any agreement to purchase or lease a substitute property before receiving formal notice that IURA will acquire the Subject Property in connection with the Project and that you are eligible for benefits because of that displacement. If the JURA determines that it will acquire the Subject Property, you will receive a notice of eligibility for reasonable relocation services, including referral to replacement properties, assistance in filing payment claims, and other necessary assistance to help you relocate. Moreover, you will not be required to move From the Subject Property Without at least 90 days written notice to vacate. You niay also be entitled to receive a payment Page 1 ol'2 "An Equal Opportimity Employer with a con-n-nitment to wor}force diversification." CIO OMNI, for moving expenses and Te-establishment expenses, and have a right to appeal any IURA determination with respect a denial of claim. Relocation assistance, relocation benefits and the appeal process is,more fully explained in the enclosed U.S. Department of Transportation Relocation Guide entitled "Your Rights and Benefits as a Displaced Person." Please note that pp. 31-36of this guide sets out covered commercial moving and re-establishment expenses for which you may become eligible. Any person who is an alien not lawfully present in the United States is ineligible for relocation advisory services and relocation payments, unless such ineligibility would result in exceptional and extreme hardship to a qualify sources, parent or child. Again, this is not a notice to vacate and does not establish eligibility for relocation payments or other relocation assistance. Should you have any questions regarding the Project and relocation, please contact me at (607) 274-6547 between the hours of 9AM—4:30PNI, by e-mail at nelsb @)cityofithaca.or , or by mail at the address listed on the letterhead. Please note however, that I will be out of the office from June 20-27, 2003. Respectfully, Nets Bolin, Director of Community Development Ithaca Urban Renewal Agency enclosure cc: D. McDonald project file chrono cl:\planiiiiig'staft"iiels\iura\pr-operty disposition\134 e.seneca sHet lawn of ithaca initial notice 6-19-03.doc Page 2 ol`2 CITY OF ITHACA r 310 West Green Street Ithaca, New lurk 148i0-5-497 OFFICE. 01:1111: FIRE CHIEF rolu � Tulcphtinc: Ml' '-'-1';-1 Faa: bll- 2-2-2-93 MEMORANDUM To: Mayor Cohen Members of Common Council From: Brian H. Wilbur( Re: Department Overview Materials Date: 19 JUN 03 Attached please find the Department Overview for the Ithaca Fire Department. cc: Board of Fire Commissioners T. Dorman S. Thayer C. Valentino �r ".fin Equal Opportunity Employer with a commitment to %%Orktorce dk-CTS&CAtion." t� w Fire Department Overview Page I 1 Ithaca Fire Department Budget Overview Brian H. Wilbur,Fire Chief As requested by the Budget and Administration Committee of the City of Ithaca Common Council Submitted: 19 JUN 03 Fire Department Overview Page 2 This package is organized and formatted as suggested in the "Department Overview Instructions" provided by the budget process review committee. As a disclaimer, I will say that this is not my best effort. Time constraints did not allow me to develop this in the manner to which I am accustomed. Department Mission Attached please find a two-page presentation on the mission of the Ithaca Fire Department. Department Short and Long Term Goals Strategic planning analyses of long-term trends indicate that the Ithaca Fire Department must plan to operate as a career fire department. Additionally, correlating service demand, growth patterns, and various standards applicable to the delivery of fire services confirms that placing an additional engine in service at Central, and a ladder truck at the East Hill Station, must also be included in our list of future goals. Translated, long term staffing and equipment goals for the Ithaca Fire Department~ must include: 1) All apparatus staffed with four persons: one officer and three fire fighters. 2) An increase from four engines to five engines in service. 3) An increase from one aerial to two aerials in service. ` 4) Total staffing to increase from 69.5 to 162 persons. 5) Develop company level command hierarchy, adding captain and lieutenant positions for appropriate span of control. 6) Develop and implement a succession planning effort that includes identification of model candidate criteria and assessment of internal candidate interest levels. In the short term (2004), and given our long-standing attrition of volunteer and bunker fire fighters, it critical that we maintain current levels of staffing. Organizational Structure Attached please find several pages of organizational charts for reference. Department Narrative Introduction Like most city agencies, services delivered by the Ithaca Fire Department are very labor intensive. Because of the cascading nature of our mission, at any given point in IQ TT rN ni r Fire Department Overview Page 3 time, everyone here may be involved in, and committed to delivering the primary mission of emergency response. To help present this concept, a new approach that consolidates the various functions of the department into two basic elements will be introduced. The basic elements are readiness and response. Our primary mission to save lives and property is the essence of the response component of the department. Because of the labor-intensive effort required to fulfill that mission, our entire organizational structure is focused on being able to deliver as many people as we can to an incident, as rapidly as possible. Because we are not staffed to the level that various standards require,nor to the levels our training and experience tell us are needed, we must use everyone we have available in the response component of our mission. As a result, our ability to deliver the secondary mission(s) of the department is enabled only as a result of effectively using the time not actually consumed by our primary mission (response) to do so. Response Response consists of instantly responding to a request for help, whether it is a fire, traffic accident, heart attack, or spill of hazardous materials. Because the losses occurring during most incidents the fire department responds to don't stop or end until we arrive and intervene,rapid response in sufficient numbers to do that effectively is critical to our ability to save lives and protect property. On paper, and in the standards referenced by OSHA, a fire in a building will require at least 17 fire fighters to attack. Our standard second alarm response will result in 11 fire fighters on the scene. Off-duty call-in will increase that number, but arrival and deployment may take from 20-30 minutes minimum to accomplish. Readiness Readiness consists of all other programs and activities that will: • Prepare people and equipment to respond (e.g. training, maintenance, wellness and fitness); • prevent or mitigate the potential for an incident (e.g. public education, code enforcement, fire investigation); or • plan, organize, direct, control, and support the people who will respond. 10 TTTwnA Fire Department Overview Page 4 With the exception of a very small administrative staff, people already assigned a response role perform almost all readiness activities. As a result, most response activities interfere with or delay the completion of most readiness activities. One could ask, "Couldn't you do more in fulfilling your mission if you concentrated on the prevention side of the equation?" That is a legitimate question. With adequate resources, the answer is "yes." However, no matter how much we invest in prevention and mitigation, we are still going to have emergencies. With staffing levels as lean as they are, and as the result of the inability to prevent all fires or accidents or other bad situations, our reactive response capability must remain the most important aspect of our operation. Department Goals In addition to the goals listed on page 2, there are many others to be considered as well. The deferral of maintenance and/or replacement of equipment and facilities through eleven years of no-growth budgets is steadily taking its toll. Continued development in the City and Town will require deployment of additional resources to insure rapid response capabilities. Despite that,our long-standing goal is still to increase staffing to appropriate levels. Given the city's fiscal crisis,the very least we are striving for is to maintain current staffing levels. Program/function Inventory Attached are the program/function inventory sheets that describe each of the Ithaca Fire Department's nine major program areas. As Munis does not track revenues by program, the revenues shown are lumped into the program that would be expected to consume most of the funds received. The expenditures listed are those shown in Munis for each program in 2002. Included are a combination of estimates and actual expenditures for salaries paid, as well as actual expenditures in the equipment and contractual account lines. Restating what has already been said, each program or function area of the department is staffed all or in part by people whose primary function is response. The work required to make the readiness program run is done in the time not taken up by the response program. 1Q IT IN na ITHACA FIRE DEPARTMENT MISSION STATEMENT TO SAVE LIVES AND PROTECT PROPERTY LIFE SAFETY DIVISION Administration and Planning To efficiently manage the resources provided in fulfilling the Department's mission; and to convey to the community an accurate prediction of the resources necessary to effectively and safely deliver the mission of the Fire Department. Fire Prevention Bureau To effectively and professionally reduce the threat of fire and to comply with the laws related to code enforcement, fire cause and origin, and public education, in support of the Department's mission. Safety Section To provide the safest working environment possible and to insure compliance with applicable OSHA and NYS standards for the members who are delivering the Department's mission. OPERATIONS DIVISION Response Section As a major element of the Department's mission, to deliver high quality, effective, and compassionate fire, rescue, emergency medical, hazardous materials, and related services. Support Section To provide and efficiently maintain the tools, equipment, apparatus, facilities, and materials necessary to support the Department's mission. Training Bureau To insure that all members are properly trained to effectively and professionally perform the tasks that may be required of them in fulfilling the Department's mission. TFT) Mission - In TAN 96 nacre 1 r'1 VOLUNTEER SERVICES DIVISION Membership Section To support the mission of the Department by developing and implementing effective recruitment and retention mechanisms for volunteer and bunker personnel; and in coordinating administrative functions and requirements. Service/Duty Unit. 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O d� Ithaca Fire Department 1 1�Aay-03 Undam Administration A B C D FPB Union NFU DEC Shia CommandersrLoadere FC Wilbur AC W.nck AC VanBanachoten AC LaBuB AC Sahnurle AC Whaston FF Weinstein FF Ju Iter st at Cm Romanowskl Life si FC Wilbur Admfitlafttion PC Wilbur General Administration FC Wilbur DC Damian AS Wilbur Public IntonnatbNRelations LL Burbank Web Master LL Burbank Ne"tatter nootmentakin C Dorman Computer DC Dorman LL Parsons LL Burbank Operating Budget AA-01 Camp Payroll AA-F Camp Accounts Receivable AA,F Camp Purchase,Orders AC-T Holcomb Accounts Pervable ACT Holcomb Capital Budget OC Damm Marine Fadilly Planritint 1.4 Persons Contract AdmkfttWbn PC Dorman Labor-Management Committee.FF-Lts FC Wilbur LL Parsons FF St Denis FF Gessini Ff Covert FF Baker Pres.Weinstein DC Dorman FF Apgar FF Farwell F Pendell Labor-Management Commidoei.COU FC Wftbur DC Dorman OrganizattonalDevelopmart FC Wilbur Strategic Planning FC Wilbur AC Wands AC VanBenscholen AC LaBuff AC Schnurle AC Wheaton OC Dorman Modal Day Conmi tee FC WNbur LL Tier AC Wheaton Comm Alexanda DC Dorman Development0it a Vacant Fire Prevonticiri Bureau AC Wheaton Special Duty PanonnM AC Wheaton Firs Prevention tnspectbns FF Baker FF Hamilton FF Eaton Ru"na Dept Ualson AC Wheaton F Spaclatini FF Hamilton Subscrinflon Uplifflas FF Eaton Street Numbertna 8 nk rp R.k., t tetLt.Burbank _AC Wheaton Ptdl6e Education AC Wheaton Sdi—Programs Risk Watch CM Safely Seat Tech UnitLt.Deis FF Millarox FF Orernitoin Fire investigation UMI LL Tracy FF Payne FF Crowley AC Wheaton FF Don Revno FF Covert FF Hamilton Affiliate members FF Sullivan FF Orenstein FF Keller Juvenile Fire Sector intervention 1rF Sullivan FF Zajac FF Hamilton Fire Alarm PAS Smka WN6 r Health b Safety Comm AC Wanck LL O'Connor AC LaBulf AC Schnurle FF Foote FF Basher Lt Sheldon FF Powers FF Pendell FF Smith FF Teeter FFMIlne SHA Compliance,Operations AC SHA Compliance,Facilities AC Wivick comollatiolt,VehiclesLt Sheldon Health W—W03 and MedIcal Records AS Mur Physical FitnossAVellness Prgm (Lt.Deis) LL Sharp -barik Peer Fitness trainers AC Wanck FF Basher FF Weinstein LL Burbank FF Doebtsr FFApgar FF Hagin FF Raponi FF St.Danis CISM Unit AC Wanck FF Covert FF scedoUrd Protective Equipment LL 170r /^1 Operatic"Olvislon --DC Dorman Response Section FC Wilbur Suppression AC VanBenschoton UrbaniSuburban Va Water Supply AC nBenaehobn Hydrant Testing LL Sharp Lt Burbank Rural Water Sunciv Lt Onmor Emergency Management AC V&nBenschoren Haz Mat Unit FF Farwell FF Hagin FP Reynerda FF Bargher FF Flynn FF SL Denis FF GassW FF Covert FF Foote FF Weinstein FF Heath it FF Stevenson Prefect SAVE @ ICSD Schools AC VanBansehoten Boynton LL Parsons South HETI LL Burbank Fall Crack (BFC Alexander) BJM LL Deis Belle Sharman Ithaca Wan Emergency Medical Services LL Traoy CAI Committee FF Apgar LL Tory AC Sehaurte FF Hamilton FF Flynn Technical Rescue LL Sheldon Water Rewe LL Parsons FF Heath B Trench Rescue Lt Sheldon Lt,ShoWan Mutual Aid AC Schnurle Proplariftinci Conimu"Icatkins L Parsons Public Worka Liaison AC Wanck Fire Peaw LL Tier FF Alexander a Apparatus Makd DC Dorman FF Irish seats AF!Nath N A Com Irish AC Schnurle Equipment Maims OC Dorman Power Toots LL O'Conner SC13A FF Flynn FF Trask LL Tier FF Herding FF WtUlams FF Heath it Thermal Imaging Cameras (LL oafs) FF Payne N ahttan AC Warick Fact9aes Maim OC Dorman Central Steven AC Schnurle station ACWanck Station 9 AC VanSonschoten Station 9 AC LaSuN Training Center AC LaBuN' Station [m a e FAS wear Municloall Lt Tfor Smig Research and Dervekipmlint Treau 00 Doffmin h-Service Training DC Dorman Lt.Parsons LL Tracy LL Tier LL Burbank FF Stri=ct LL O'Connor U,Sheldon U.Sham nnor Officar Trainfria AC Wanck AC Vanflonschoten AC aB AC SchnurN Bucker Basic Training AC B uff N"MemberThinim CC Dorman AdmMlstrallon Trairtina AS Wilbur VolunlnrSaivicesDivision FC Wilbur Recruitment and Retention PC Wilbur Bunker FF Recruitment FF Cowns Volunteer FF Recruitment IFF-CanFF Keller FP Goldberg FF Gould Membership Review Cm DC Darman AC Wheaton (vacant) FF Collins OD Lynch Service DC Dorman AC Wanick AC VastRonschatert AC LaBuff AC SChourle NFU Problem Solving Group FC Wilbur AC LaBuR FF Carlene DC Doman FF Jupiter FF Gilligan i Service Assessment AS Wilbur AC LaBuN' FF Collins Program/Function Inventory Current Programs ■ Attach to Department Overview Proposed Programs ❑ See attached for instructions Program Name: Total Program Expenditures: $494,501 Administration and Planning Total Program Revenues: (Life Safety Division) Revenue Sources: Program Description: Plan, organize, direct, and control the activities of the fire department. Quantifiable Output: Bills are paid, accounts due us Staff Positions Involved with Program: are billed, employees are paid, Worker's Fire chief, deputy fire chief, administrative secretary, Compensation and NYS GML §207-a are administrative assistant-financial, account clerk-typist, administered, contracts are administered, and budgets and two lieutenants are directly involved. Many others developed, submitted, and monitored. are indirectly involved. Local/State/Federal Mandate? Yes ❑ No .Program Name: Total Program Expenditures: $214,853 Fire Prevention Bureau Total Program Revenues: $41,842 (Life Safety Division Revenue Sources: Program Description: Fire code inspection fees Public safety permits Has responsibility for code enforcement, Municipal fire alarm service charges investigation of fires, public education, the municipal fire alarm system, and juvenile fire setter intervention. Quantifiable Output: All places of assembly are inspected Staff Positions Involved with Program: annually as required by NYS mandate. All fires and explosions Fire chief, deputy fire chief, administrative secretary, are investigated to determine the origin and cause,as required administrative assistant-financial, three special duties by NYS mandate. Tests of new or modified installations of fire fire fighters, fire alarm superintendent, protective systems are observed. Complaints of code violations are investigated and remedied,persons are instructed in fire safe practices,persons are instructed in proper installation and use of child car safety seats,children with fire setting behavior are #wwifeened and educated or referred,and the City's municipal fire lrm system is tested and maintained. Local/State/Federal Mandate? Yes No ❑ y Program/Function Inventory Current Programs [] Attach to Department Overview Proposed Programs See attached for instructions Program Name: Total Program Expenditures: $77,522 Safety Section Total Program Revenues: (Life Safety Division) Revenue Sources: Program Description: The department health and safety committee, OSHA compliance activities,wellness and fitness programs, critical incident stress management program, and personal protective equipment are managed within this program. Quantifiable Output: Compliance with OSHA Staff Positions Involved with Program: regulations, on the job injury and illness reduction, Fire chief,two assistant fire chiefs, four lieutenants, and increased participation levels in wellness and two fire fighters, administrative secretary, and several fitness programs. An overall reduction in Worker's fire fighters serving on committees. Compensation and health insurance costs should occur. Local/State/Federal Mandate? Yes No ❑ Program Name: Total Program Expenditures: $1,766,285 Response Section Total Program Revenues: $2,301,695 (Operations Division) Revenue Sources: Program Description: Fire protection service (Town of Ithaca) Gifts and donations(Cornell University) Quantifiable Output: Maintain an average of four Staff Positions Involved with Program: minute response times to all emergency calls for Fire chief, deputy fire chief, four assistant fire chiefs, service, respond to an average call volume of 11.07 eight lieutenants, fifty career fire fighters, 10 volunteer calls per day. Test alI hydrants in the district at least fire fighters, and 14 bunker fire fighters. On occasion, once per year; flow test one system per year. all staff and line personnel are pressed into service. Develop, exercise, and maintain, the city's emergency management program. Local/State/Federal Mandate? Yes ❑ No Program/Function Inventory Current Programs ■ ❑ • Attach to Department Overview Proposed Programs See attached for instructions rogram Name: Total Program Expenditures: $1,292,396 Support Section Total Program Revenues: $37,131 (Operations Division) Revenue Sources: Program Description: Administers the maintenance program for all fire apparatus, equipment, and Minor sales facilities. Administer the department's clothing and Rental of real property uniform programs. Unclassified revenue Quantifiable Output: Appropriate preventative Staff Positions Involved with Program: maintenance management systems are utilized to Administration by deputy fire chief, assistant fire chief, manage overall maintenance costs and reduce and two lieutenants. unexpected downtime. Local/State/Federal Mandate? Yes ❑ No Program Name: Total Program Expenditures: $663,926 :Training Bureau Total Program Revenues: Revenue Sources: Program Description: Provides and/or administers mandated and supplemental training for all personnel. Quantifiable Output: All volunteer, bunker, and Staff Positions Involved with Program: career recruit fire fighters successfully complete Deputy fire chief, assistant fire chief, eight lieutenants, basic training programs, all career fire fighters administrative secretary. receive at least 100 hours of in-service training annually, all specialty courses (EMT cert and recert, OSHA required training, code enforcement certifications and in-service training, etc.) all volunteer and bunker fire fighters receive minimum in-service training requirements. Local/State/Federal Mandate? Yes No ❑ Program/Function Inventory Current Programs Attach to Department Overview Proposed Programs See attached for instructions Program Name: Total Program Expenditures: $1,573 Emergency Management Program Total Program Revenues: (Operations Division) Revenue Sources: Program Description: Develops, exercises and maintains the city's emergency management program. Integrates and coordinates efforts with town and county programs. Coordinates with State Emergency Management Office and FEMA. Quantifiable Output: A city emergency management Staff Positions Involved with Program: plan is prepared and maintained, all appropriate city Fire chief, assistant fire chief, and a fire fighter who personnel are trained in the implementation of the serves as Hazardous Materials Unit leader. plan, appropriate training is identified and made available,annual drills are conducted to exercise the plan. Local/State/Federal Mandate? Yes No ❑ Program Name: Total Program Expenditures: $4,729 Recruitment and Retention Section Total Program Revenues: (Volunteer Services Division) Revenue Sources: Program Description: Design and implement recruitment and retention programs to increase the overall number of volunteer and bunker fire fighters available to serve in the response program. Quantifiable Output: The number of active volunteer Staff Positions Involved with Program: and bunker fire fighters at any given time. Fire chief, deputy fire chief, assistant fire chief, administrative secretary, volunteer and bunker fire fighters. LocaUState/Federal Mandate? Yes ❑ No Program/Function Inventory Current Programs ■ Attach to Department Overview Proposed Programs ❑ See attached for instructions Program Name: Total Program Expenditures: $7,946 Service Section Total Program Revenues: (Volunteer Services Division) Revenue Sources: Program Description: Administers the programs that support volunteer and bunker fire fighters as they provide service to the community. Administers the residential component of the program for bunkers. Quantifiable Output: Number of duty hours served. Staff Positions Involved with Program: All staff and line officers, administrative secretary, and NFU leaders. Local/State/Federal Mandate? Yes ❑ No Isabel Rachlin PT ,o-N?cia1L-ed physical therapy �.. 249 troyrand � ltha!ja� 148 0 �.. arab fax; 7 -� C fi , " - . f- . l r j. i-L) c .. el CA aj el �m ( re—jt� tom ... L ct °° ww",rs -- ' rx( r � � .. . r .. q ... Li -11A,U f, OA let J l o ,aI v `iciarabba Walker & Co., LIT la,aa aaaciral Ce�Uied Public Accountants Advisory 200 E.Buffalo Stre°c°t„Suite: 1,02,Ithaca,NY 1 850 sen~arices: 4W (607)272_5550+D Fax(607) 2733-6357 i A Division of Member of'Inteanaa6onal Group of'Accountang Finns(I(aAI) Scianilabaa Walke:r& 11111, June 25, Cathy Valentino,Town Supervisor i' C E__�E7 Al Carvill, Town Budget. Officer Town of Ithaca h 215 N. Tioga Street. Ithaca, NY 14850 TOWN OF 4[HA Ft ACCOMIN Dear Cathy and A], We are pleased to submit this proposal to perform an audit of the financial statements of the Ithaca Town Justices for the year ended December 31, 2002 in accordance with auditing standards generally accepted in the United States of America. We have previously performed Agreed-Upon procedures on the financial records of the Town Justices for the years ended December 31, 1996 through 2002, and the six months ended December 31, 1995. We are uniquely qualified to perform an opinion audit of the financial statements of the Ithaca Town Justices as a result of these previous engagements and the understanding we have of the Town's financial system. Our Plan to Audit the Ithaca Town Justices Our approach to serving the needs of the Town of Ithaca is to bring a highly qualified and committed team of professionals together to provide the Town Board with a high level of experience and knowledge in a cost-effective manner.. We will conduct an audit of the financial statements in accordance with professional standards. We will perform auditing procedures to provide us with a reasonable basis for expressing an opinion that the financial statements present fairly, in all material respects, the financial position of the Ithaca Town Justices in accordance with appropriate accounting principles. We anticipate the financial statements will be prepared under the cash basis of accounting. Prior to beginning the audit we will prepare a client participation letter that will detail schedules for you to prepare that will assist us in the timely completion of the audit. We will also prepare a management letter that will present recommendations for improvements to operations. We will rely on several of the procedures that we performed during the Agreed-Upon procedures engagement for the year ended December 31, 2002. This reliance will enable us to provide the most efficient and effective level of service. I Fees and Timing We expect the audit to take from 35—40 hours. We encourage the Court Justices and Court Clerks to have the accounting records as accurate as possible prior to us beginning any audit work. Generally we encounter service and fee issues when we expect the accounting records to be reasonably accurate only to discover during the audit that numerous adjusting entries are required to present the financial statements in accordance with acceptable accounting principles. We estimate the fees associated with the services requested to range from$3,000— $ 3,400. We will invoice the Town actual fees if the time charges we incur are less than this estimate.If we incur time charges in excess of the estimate we will discuss the reason (s)with the Town Budget Officer and arrive at a mutually agreeable bill. At Sciarabba Walker&Co.,LLP, we are proud of our relationship with each and every one of our clients. We value our relationship with the Town of Ithaca and appreciate the opportunities the Town has given us over the years. We thank you for your consideration of our proposal. If you have any questions please contact me at 272-5550. Respectfully, David E. IIes CPA 2 THE SENATE SECRETARY MIMORITY CONFERENCE STATE OF NEWYORK U ROOM 917 LEMSLATIVE OrFICE BUILDING CHAIRMAN ALBANY,NEW YORK V2,247 INSURANCE COMMITTEE 15181 455 3131 0001%, COMMITTEE MEMBERt � �, 1 , MAIN STREET RULES 2N 4EONYA NEW YORK 13820 )1),132-5524 FINANCE AGRICULTURE _ w C y:, COMMERCE,ECONOMIC DEVELOPMENT l'"�G I"NKRA,.1518)234^8 1!3"3 �RT AND(607N 758-9005 &SMALL BUSINESS `T e �'r.r oar+.9� �" '&IMER 11315Y 866-1632 EDUCATION ���� � ��� PKINS 16071272-4806 ENERGY F,TELECOMMUNICATIONS JAMES L. ,ESP 3 Cls.NANGO16057133673n9 IIIGiIEREI EDUCATION SENATOR, 51ST TRIS R1 T `aCaCIAL.�iERVlCG5 WW SE:PVA1'C?i21IMSF".^NAGiIa.C(7M9 ATTEST «. •-Iff,"4ARD&SENAiTSTA,rrNY.US June 27, t t� Cfi foW.�LE Town of Ithaca Inventory and Planning Tec-Arm Hunter Town Cierk 215 N. Tioga St. Ithaca NY 1.4850 Dear Madam: Congratulations! I arra pleased to inform you that State Education Commissioner Richard P. Mills has awarded the Town of Ithaca a S 14,430.00 local Government and/or Documentary Heritage Grant. I cornnuend you for your leadership and initiative in applying; for this grant and congratulate you on your Iccess. As you know, the New York State Archives administers this grant program in consultation with the Local Government Records Advisory Council. The Council, comprised of local government officials and records experts, reviewed all grants and made recornmendations to Commissioner Mills, who made the Final decision on grant awards. You will be receiving formal notification of this grant frorn the New York State Archives shortly.. Again, congratulations on your success and please contact my office if I can be of assistance on your project. .TAMES 1,. SEWARD State Senator .ILS;dd.jlt �a 35 Dove Dr. 'of", Ithaca, NY I485O June 30, 2003 l <<� 6' 9 4. Cathy Valentino, Town Supervisor 215 North Tioga ,Street Ithaca, NY 14850 ATTEST Dear Ms. Valentino, As a Town of Ithaca resident and taxpayer, I am writing to support a 500 foot buffer zone for jetskis. The last; time I kayaked on our wonderful resource, Cayuga Lake, I could barely hear my children who were kayaking right next to me, due to the noise of the jetskis. It only takes one or two jetskis to ruin a large area for the great majority of folks who go to the lake for peace, wildlife viewing, and quiet recreation. A 5001 foot buffer zone would allow activity by those who like jetskiing, but would spare the great majority of us from their high speeds, stench, and incredibly loud noises. A 500 foot buffer would also reduce impacts on wildlife. In addition, such a move would enhance safety as there would be a larger buffer between the high speed jetskis and more passive recreation such as swimming, fishing, and paddling. The issue ol-jetskis is also an economic issue. The thousands of tourists who come to Ithaca every summer and fall do so to enjoy our natural beauty, to escape the hustle and bustle and noise of their urban and suburban life. These folks pump millions of much needed dollars into our local economy. They don't come to be annoyed by a handful of loud and intimidating jetskis. Ithaca can be a leader in tourist destinations, and reap the economic benefits, by establishing a buffer between the jetskis and everyone else. Please, do the right thing. Protect our wildlife, the great majority of local citizens, and tourist dollars by establishing a 500 foot shoreline buffer within which jetskis are restricted. Thank you, Todd Miner South dill Civic Association July 1, 2003 Dear Friends of the South Hill Recreation Way: Thanks to the generosity of Therm, the City of Ithaca, Town of:Ithaca and the marvelous support of Ithaca College, the Boy Scouts and the South Hill Civic Association (SHCA) the South Hill Recreation Way was created and is maintained and enjoyed 365 days a year. The SHCA applied for and received a small beautification grant from the Community Beautification Program, funded by the Tompkins County Room Tax Fund, and Cornell Cooperative Extension. Here is our plan: The City donated mulching chips and Andy Hillman and Eric Woodward offered some topsoil for planting. South Hill residents have offered to work with volunteers who may be provided by Renee Farkas of Cornell's Public Service Center to weed and plant shade-loving perennials at the Hudson Street entrance to the trail during the last week of August. If there is time, the volunteers will do a general Trail clean up, like Deb Mohlenhoff's IC students do twice a year with 'SHCA. Deb Mohlenhoff s crew may also help in late August. South Hill residents also visited parks and the Cayuga. Trail and propose a simple plan to reduce the number of dog droppings, in light of the many happy dogs accompanying their owners on the Trail. The NYS Parks created an effective method to encourage dog owners to clean up after their dogs. Located at the Treman Marina, near the area referred to as the " tog Park"NYS Parks have erected a bag holder and attached a trash can on a chain. There is weekly trash collection, and this system works very well. To assist you in your consideration of this plan, you might want to go to the park and observe the sign and dog bag holder, as observing it is easier than describing it in this letter. We spoke with NYS Park staffer, .lames Dunn who offered to help make a copy of his design. If you are willing to help us, we need the following assistance: « From the Town: a sign explaining how to use the plastic bags to clean up after your dog and a sign board to hold the clean plastic bags. The simple design and wording at ' the NYS Park Marina seem fine. 0 From the City of lthaca: topsoil for the plantings by the last week of August and one trash can chained to the post that will hold up the: Town's signboard and bags. Also needed is weekly trash collection. The can will sit near the entrance to the Trail. o From SHCA: the wording thanking all of you for creating and maintaining the Trail and all the volunteer work involved in implementing the plan. If you are willing to help us make this, a reality, we will be most grateful. If not, next year we will consult with you folks again and revise the plan. Once we see how much of our small grant remains, our priorities include purchase of a sturdy bench and some additional plants. If either municipality donates the bench, we will purchase more plants. We thank you for all you have done for the Trail and look forward to the continuation of this fine collaboration. Best regards, Sally Lockwood SJ.L8,@cornell.edu 227-0884 Bryan Isacks B.Lll@cornell.edu 277-2228 cc: Mayor Alan Cohen City Forester, Streets and Facilities Andy Hillman and Eric Woodward Town, Ithaca Supervisor Catherine Valentino Town, Ithaca Planner Jonathan Kanter Town, Ithaca Highway Supervisor Fred Noteboorn Therm, Robert Sprole and James Sprole South Hill Civic Association Pam Makesey IC Director of Volunteers Deb Mohlenhoff CU Public Service Center Renee Farkas Catherine Valentino Peter Bennett[glassharper@hotmail.com] Tuesday, July 08, 2003 7:20 PM To: Quietclean@yahoo.com Cc: dbt6O@hotmall.com;carolynp@cityofithaca.org; Catherine Valentino;tiansupv@juno.com Subject: Re: Fwd: Fw: [cayugalake] Regulate Jetskis on Cayuga Lake Barbara of Quietclean: Though I currently live in Louisiana, I was born and brought up in Central New York and have been a Finger Lakes boater (sailer, kayaker) and swimmer most of the 65 years of my life. I will always look forward to my visits in Central New York to re-create my self at the lake. The advent of "jet skis" has seriously damaged the quality of life and safety on the Finger Lakes. When I was small we were taught boating safety and courtesy before we were allowed to take a boat out on the lake alone. As a libertarian thinker I believe in personal responsibility as an alternative to regulation, however I also believe that other people's freedom ends where my nose begins. I feel that a 500-foot buffer zone along the shore in which all motor boats including jet skis should be ,,wtricted speed is a necessity for the safety of all boaters, swimmers, fishers u.1d the myriad others who use this precious natural resource. Please add my voice to those who cry for freedom from harrassment by the thoughtless, reckless and dangerous practices of a growing population of untrained, unsafe boaters: enact a 500-foot safety zone along the shores of our lake! Peter (The Glassman) Bennett website: www.glassharper.com email: glassharper@hotmail.com 1000 Bourbon St. #290 New Orleans, LA 70116 504-481-4987 >From: "deborah thompson" <dbt60@hotmail.com> >To: susindonesia@hotmail.com >CC: nagrom9l@hotmail.com, bkt@twcny.rr.com, glassharper@glassharper.com >Subject: Fwd: Fw: [cayugalake] Regulate Jetskis on Cayuga Lake mate: Tue, 08 Jul 2003 13:31:30 +0000 The new MSN 8: smart spam protection and 2 months FREE* http://join.msn.com/?page=features/junkmail 1 7� ` 1821 m �4— � 215 N. "Tioga Street, Ithaca, N.Y. 14850 www.town.ithaca.ny.us TOWN CLERK 273.1721 HIGHWAY(Roads,Parks,Trails,Water&Sewer)273-1056 ENGINEERING273-1747 PLANNING 273-1747 ZONING 273-1783 FAX(607)273-17414 July 16, 2003 Jennifer Kusznir City of Ithaca Department of Planning & Development 108 East Green Street Ithaca,NY 14550 Re: Watershed and Viewshed protection in Six Mile Creek Valley Dear Ms. Kusznir: I am pleased to support the City of Ithaca's grant application for the 2003 Environmental Protection Fund/2004 Land and Water Conservation Fund to :Fund the proposed acquisition by the City of certain properties in the Six Mile Creek Valley in order to expand existing recreational opportunities, as well as to preserve the natural area and protect the watershed. This area is locally significant and is designated as a Unique Natural Area by the Tompkins County Environmental Management Council. The protection of the Six Mile Creek Valley has been an ongoing effort between the Town and City of Ithaca as well as Tompkins County. The importance of preserving this area was cited in the 1990 Town of Ithaca report, entitled "Six Mile Creek Valley, A Heritage to Preserve", as well as the 1997 Town of Ithaca "Park, Recreation and Open Space Plan". The Town of Ithaca adopted the Six Mile Creek Valley Conservation Zone in 1996. in an effort to reduce development potentiall in the area and to implement development restrictions and guidelines aimed at preserving the natural resources and character-of the area. The 2000 Tompkins County Waterfront Revitalization Plan also calls for the County and municipalities to develop programs to acquire property,purchase development rights and negotiate easements for properties that protect areas of natural significance and preserve scenic resources or improve public access to Cayuga Lake. The Six Mile Creek Valley is included within the proposed Cayuga Lake Waterfront Revitalization boundary. I strongly support the City's desire to preserve the natural beauty and resources of the Six Mile Creek Valley and expand public open space and recreational opportunities in the area. Sincerely, Catherine Valentino, Supervisor Town of Ithaca Jul 21 03 04: 13p IFIFF L.ocal 737 (607) 272-4747 p. 2 I T H A C A PAID Allidated with FIRE FIGHTERS ASSOCIATION Association of Fi a Fighters I.A.r.F.WCAL 7.17, Now York Stote Protes5lonal PC.ADX 711 Fire Fighters Association ITHACA,NEW Yo,-W i4s5i ()711 OFFICE(607)272-4935, Midstate Cerittat FAX:(607)272-4747 Labor Council e-maR:iaH737 dhak,-,3.Cor;j July 21, 2003 Alan Cohen,Mayor City ofithaca 108 E. Green St. Ithaca, NY 148-50 Dear Mayor Cohen: On July 7, 2003 the Ithaca Town Board passed resolutior, uumber'27003-089 in which it agreed to fund an entry level 5re fighter position for the City Of Ithaca for a period of up to 18 months. The Town's agreement is conditional on the City filling the Assistant Chief position vac'dted by Ray Wheaton in the manner recommended by Chiuf Briaii Wilbur and enteritio, into discussion's Nvith the'Town on acceptable staffing levels at IF-Di. 0 On behalf of the Ithaca Paid Fire Fighters Association, I strongly urge you to %vork ,",kh the Common Council on reaching an agreement With the Town an filling the vacated Assistant Chief position. Further, I encourage to heed the request t1wt the City triter into discussions with the Town on staffing levels at IFD. The relationship that exists between the Town and tile City is signifleant in Oat it allows each side to receive a higher level of service from the Fire Department than either party could achICYC by acting alone. Financial cooperation allows a traditionally productive and effective shared rescurce to continue providing a quality product. if this r,I,&ornship is challenged, both sides vvill suffer irreparable damage and, ultimately, the citizens oi'tjjr. ('-'i IV and the Town wilt suffer as their health and safety are compromised. While financial Limes may be difficult, to ignore the Tow-a now would be extremely short sighted, 11n the effort to save a few thousand doliars, the C;ty stands to lose upwards of tv,-c million dollars. Where will Nve be then? The time to act is now-, We have watched as the City has put a1r.lost cveq peIrly generated or saved by IFD into other ventures. We have not seen n perjuy ef the over 3 milllioncc6lars 0,'mtri buted by Comell. We have rot seen a penn) ,oftHe 1.5 million dollars the Ci Ey saved on contributions to the Police and Fire Rei.ircrjcnt SvsLein from IS95 tLa 1998. An most recently the City has failed to replace our retired --ire Marshall, compromising a revenue garielating component of our Department and furrherjeopardizino olvir vbility to prevent the lays of lives and property in the City and'Fawn of Ithaca, Jul 21 03 04: 13p IRFF Local 737 (607) 272-4747 p. 3 At what point will the City stop dismantling our Fire Department and allow us to have even the most basic resources we need to vaguely uphold our mission? Please work with the Town to keep us whole or we will all lose. 'Thank you for your consideration. Sincerely, RPP-oma J Brian S. Weinstein, President cc: Common Council Schelley Michell-Nunn,HR Director Cathy Valentino,Town Supervisor Brian Wilbur,Fire Chief d. 1T1 �9 CITY OF ITHACA ,SOF. 108 East Green Street Ithaca, New York 14850-5690 I DEPARTMENT OF PUBLIC WORKS 'yam William J. Gray, P.E., Superintendent/City Engineer •....... d�� Telephone: 607/274-6527 Fax: 607/274-6587 ��RAtf�O July 30, 2003 Dan Walker, P.E. Town of Ithaca 215 N. Tioga Street Ithaca,New York 14850-5690 Re: 2003 Water Improvements West Hill and Inlet Valley Dear Mr. Walker: This letter is being written following my review of your letter of June 11, 2003 to Larry Fabbroni concerning a major decrease in city water supplied to the Town of Ithaca and your June 2003 engineering report for improvements to the town's system, which will extend the town's distribution system from South Hill to Inlet Valley and West Hill. The purpose of the letter is to ask if a delay in awarding the construction contracts the town has out to bid might be mutually beneficial. You have indicated in a recent conversation that the town is undertaking this work due to the economic incentive of the current differential in our water rates, a concern for water quality which the town felt because of the city's published notices of failure to meet the new standards for haloacetic acids and the hole in the Elm Street tank roof. I have not had a chance to review the cost analysis which your staff supplied as part of the town's decision process but I will as soon as you provide it. The topic of the city's water systems design has come up in several recent internal conversations because Mr. Fabbroni was asked to provide any updates to the 1999 Comprehensive Water System Evaluation (O'Brien& Gere Engineers) needed to allow the city to make its decision about its water supply for the next 50 to 100 years. This review of regional supply alternatives (city, SCLIWC, and Cornell) depends on an economic analysis of individual and combined expenses (both capital and operating), as well as avoided expenses,to arrive at recommendations. If the City were to become a member of Bolton Point, one possible avoided capital expense would be the need to extend the town's distribution system (or Bolton Point's transmission main) around the city,while a possible avoided operating cost would be the pumping costs, friction losses, and maintenance due to additional piping and storage required in the transmission loop around the city. If the city does not become a member, and the town proceeds to extend eoft�, water from South Hill to West Hill the town will produce stranded costs, which will not An Equal Opportunity Employer with a commitment to workforce diversification." Z�J Page 2 Re: 2003 Water Improvements West Hill and Inlet Valley Date: July 30, 2003 be recovered, some of which the city has shared, and others have been borne individually. The most obvious costs,which the city has borne, are the"new" Oakwood pump station, the reconstructed Vinegar Hill pump station and the metering and valve pits for the Inlet Valley extension. A loss will be borne by the city as we lose the looping of the Elmira Road water mains to the Elm Street tank. If the water rate differential changed back over the next 10 years would any of these new town improvements become stranded costs, along with any improvements the city undertook due to the changes. Certainly the loss of$400,000 in revenue from West Hill water sales weighs on my staff's minds as we prepare the 2004 budget. The ideal regional solutions to public works/engineering problems are not always easy to implement because costs and benefits, stranded assets and avoided cost don't always end up in the same municipalities. Planning and political concerns also play a part. Your report outlines $3 million in improvements. The city's update on the regional water supply report will probably show it facing$12 million in improvements. This is one of those moments when idealism and rONIN pragmatism may benefit all parties, or benefit some without hurting others. Engineers generally think of advancement and improvements. Doctors start with the philosophy "first,do no harm." Both may apply here. I would like to read your economic analysis to help me understand the town's decision to proceed. I would be glad to speak to you about water quality issues, both existing and those anticipated with new rules changes currently under review, as well as the city's maintenance program for its water distribution system. There is a lot of money at play in the decisions we are about to make. Since the town's decision appears to be coming first and may influence decisions that follow I felt it was important to ask if we need to talk before that happens. Very truly yours, William J. Gray, P.E. `J Superintendent of Public Works cc: Alan J. Cohen, Mayor Patricia Pryor, Acting Mayor eomr�l Larry Fabbroni, P.E.,L.S.,Asst. Supt. for Water and Sewer Common Council Members Board of Public Works Town of Ithaca Board Members Tompkins ty Senior fti � nciInc. 1 19 `(ast Cloia t Street, l.t,hacaa, N .' 14850 TelaWph(.aaa (607) 273-151-1 ..... l�� �a�aall: a`ora.aa�e�a��r,t,�°�atala��•.aaa`ka. July 30, 20033 Al Carvill, Budget Officer Town of Ithaca 215 forth Tioga. Street Ithaca, IVB' 14850 Dear Mr. Carvill: We are extremely grateful to the Town of Ithaca for its support of the Senior Citizens' Council. We wouuld request that the Town Board consider continuing its support, in 2004 with a grant of ` 8400. In 2002 the number of Town of Ithaca residents participating in Council sponsored programs were as follows: 4 292 took part in regular weekly activities at the Senior Center. + 119 (approximately 31% of active volunteers) were retired and. Senior Volunteer Program -- RSVP volunteers. They gave 14,442 hours of service (31% of the total hours reported for the year). Six of our volunteer tax counselors live in the Town of Ithaca. Others served as health insurance counselors, drove Gadabout vans, worked in libraries and rnuseurns, assisted with bloodmobiles, flu clinics,, etc. + 150 participated in Senior Citizens' Council unit activities in two units located in the "Town of:Ithaca, the Ellis Hollow Unit and the Northeast Unit. "Town residents often participate in programs and senior citizen groups located in nearby towns due to tlue area's geography and town lines. Residents of tlae Town of Ithaca participate in the Ellis Hollow Unit, the Northeast Unit, the Varna Unit and many participate in the Enfield Unit. The Senior Citizens' Cott nciI provides coordination and staff assistance to independent senior citizens groups throughout the county. + 57 took part in our Walking & Fitness Program, 27 of them are Town of Ithaca residents. 12 of the 18 walks were held on trails in the Town of Ithaca. Town of Ithaca, Residents participated in the annual: I-7itruess Walk held at Stewart Park in 2002, the; 'Wellness Walk held in Cass Park in 2003, and/or the Heart Walk at Pyramid Mall. ♦ Three Flu. Clinics were held in the "Down of Ithaca., two of these sites were 1U. coordinated and served by volunteers recruited by the Senior Citizens' Council. At. ll,aattza.tid and Sar for Voltnt(!er 1ro wrn -- (n.111ty Health Ind PY(agl: auS"b ---- Senior sa"a"gto1 _ Serdor C'49"(.VA1t these three sites, 387 individuals received immunizations, (of these 328 were over the age of 65) fi-om the County Health Department (Countywide 2,353 individuals received flu shots, 71% of them (1,671) were 65 years of age or older.). Since 90% of all influenza deaths OCCUr in the elderly, this program is an essential part of Our mission and services to senior citizens, 40 Town of Ithaca residents received Health Insurance Counseling. 2,950 Town of Ithaca senior citizen households receive the quarterly newsletter "Senior Circle". The newsletter provides useful information on Tompkins County aging services and progranis, as well as helpful tips for keeping fit. In 2004,1we hope to increase the ]lumber of issues per year from 4 to 6, 139 participated in the "Senior Circuit",the Council's life long learning program Through the Senior Citizens' Council Town of Ithaca residents have access to health insurance counseling, tax counseling ('in the spring of 2003 over 900 individuals received free assistance with tax questions and over 1,200 tax returns were prepared), health screening clinics, safe driving courses, surnrneF Swim program in collaboration with Borg Warner (109 Town of Ithaca Seniors utilized the $3 swim passes this summer), discounted bus tickets, photo copying and most importantly a friendly and helpful staff who answer numerous questions and help Senior Citizens access, other services they may need. I am enclosing a copy of our 2002 Annual Report, Sincerely, &�/ Bill Hawley Executive Director. Enc. Town Supervisor Ithaca, Ny 14s5o Catherine Valentino 215 N. Tioga Street 607-273-1721 July 30,2003 Longview Attn: Mark Macera 1 Bella Vista Drive Ithaca,New York 14850 Dear Mark, I am writing this letter in support of Longview's project to build a nursing home. Please feel free to use this letter in any way that will help you move this project forward. As the Town of Ithaca Supervisor I am proud that Longview is part of our town. Your connection with Ithaca College and your Head Start pre-school daycare is innovative. It not only gives the elderly in your care a connection to the community, which is so important to their well being, it also helps them to continue an active lifestyle. As you know I also support Longview because my mom lived there for many years. In January of this year she was admitted into the hospital for a short time and then was moved to a nursing home. Her care in the nursing home was acceptable,but I saw a rapid decline in her mental and physical condition after she left Longview. She passed away in April. In my heart I believe she may have lived longer and enjoyed her final days more if Longview had a nursing home addition where she could have lived out her days. If there is anything I can do to help you accomplish your goal for a nursing home, please let me know. I truly believe that many elderly people in our community will benefit from your experience and dedication to the well being of our senior citizens. Thank you for all you do. Sincerely, C;RA Catherine Valentine Town of Ithaca Supervisor a 307-C CoddingtonX,oad Community Center, Inc. private,not for profit corporation in support of community and family life. Board of Directors / . , Tle,65A wsrKRfl 4 ri�u�z wzrr C mmv�am��°pn� - , / �. 'rurrxclirsl mf o)i mn��tva.f k 1Q7q. mu vtl a, y lay C° P yY, ...� 1. �rcrl � r,lc,J /'jwnr q°.., t Yr ''boo +� a. i " ' 04 @Jd '1 r l.rr r,r!,Pe�r�l �1 �. pa �.. �- "� � ✓ �^ � I,�Lc G7 wt'da P iY1�,l�'viC tY'� de3' µ"�,4,'"` dk�"'Lf r'a •.., r C :..�t.c �" . " - l perh.,(,I 'a{ �, �.� �, Executive Aire.dor l9lkr �& U� 4 ..� ,. .(t •r C uwapap&mmp,ton SLa m"ll: Camp 11m•q! ammmro t; a' ddin 'f(um .`'lumld Care Prm:DJum'ain C'wnrommmsmitl,r Ommtrc,,o h tmm`mwrammm� 920 Coddington Rd. Ithaca, NY 14850 Phone(607)277-1434 E-mail: crccp,`,aa'1 claurityconnect.ccom ADAMS, THEISEN,MAY, MILLER & FEEL ATTORNEYS AND COUNSELORS AT LAW 301 THE CLINTON HOUSE 103 WEST SENECA STREET ARMAND L,ADAMS MICHAEL R. MAY ITHACA,NEW YORK 14850 1911-1983 PETER J.MILLER HENRY W.THEISEN MICHAEL A.YEHL 607-272-3442 - FAX 272-4514 1939-2001 e-mail ininay@atmiaw.coni Internet: h[1p:Hwww,atmIaw,com August 1, 2003 AUG KJ03 Town of Ithaca 215 N. Tiog,a Street ATTEST Ithaca, New York 14850 �Ti�jk�A-foVvNi CU'"*—, Re: Continued flooding of area property of Radehekant & Kusum Dave' 112 Park Lane, Ithaca Dear Gentleman or Ladies: I am writing to advise that on July 21, 2003 the drainage pipe near the above property plugged up with debris which caused flooding onto the property of my clients, ":r. &Mrs. Dave'. After the flooding occurred, the Town cleaned out the pipe and then again on July 23, 2003 debris plugged the pipe once again. On July 30, 2003, the Town did additional work on the ditch and pipe. The agreement with the Town provides that the Town is in responsible for maintenance and cleaning of this pipe and drainage area. Please monitor this area and clean the pipe and otherwise maintain it on a regular basis and, especially during heavy rains, so as to avoid plugging of the pipe and drainage area with debris which results in flooding of my clients' property. Thank you for your anticipated attention to this matter. Very truly yours; ADAMS, THEISEN, MAY, MILLER &Y MRM/jlm Michael R. May Enc!. cc. John Barney, Esq. Mr. & Mrs. Radehekant Dave' Tee Ann Hunter )m: Beth Fuller[fullerb@sunytccc.edu] Sent: Wednesday, August 06, 2003 1:56 PM To: 'gems @ cornell.edu'; 'd rydentown®hotmail.com'; 'a.scheff®juno.com'; 'bonny22 @juno.com';Tee Ann Hunter; Townclrk@twcny.rr.com' Cc: 'JAT4 @ cornell.edu'; 'Jtegan @ cvf.biz'; 'gkrogh @thalerandthaler.com' Subject: SPCA meeting First, thanks to all of you (and to the folks for whom I don't have an email address) for meeting with Guy, Jennifer, Jim and I last night. As board members, we are responsible for the quality of the service that the TC SPCA gives to its customers, both residents and local government offices. While we think that we do a lot of good things for Tompkins County, we always want to hear where you think we can improve. At this time, we will be working with Nathan to investigate and make improvements where possible on the following: telephone system customer service at the shelter and by ACOS follow up communications with your offices Thank you again for taking the time to meet and speak with us. I will be in touch by Wednesday, August 12, close of business. Regards, Beth Beth Fuller I400"Isiness Development and Training Specialist . siness Development and Training Center TC3 215 E. State St. Ithaca, NY 14850 fullerb@sunytccc.edu (607)272-3025 Fax: (607)272-3214 Cell: (607)227-5168 r„', 1 � n x� August 8, 2003 IMAs. Catherine Valentino, Supervisor FST V1 C° TT Town BoardTown of Ithaca x.00215 North Tioga street Ithaca, New York 14850 Gear Ms. Valentino: write on behalf of the Tom's Conservation Board. At our meeting on August 7 we discussed the possibility and desirability of having one or more student members on the Conservation Board.. The impetus for the discussion was the article (enclosed) by Macy Merola and Julie Voigtlaender in the Spring 2003 issue of the NYSACC News. We would like the Town Board's advice about whether this is something the CB and the Town should pursue, and if it is deemed desirable how we might proceed. It seemed to us during the discussion that a number of different options might be considered. 1 . It is not a good idea. 2. One or more college or high school students might serve as Interns for one or more years. (I've added this option.) 3. One or more college or high school students might serve as Associate Members. 4. One or more college or high school students might be Full Members with vote. We look forward to having the Town Board's thoughts about this matter. A response can be sent to me, but it might be more efficient to Communicate with our Coordinator, Sue Ritter. Sincerely, �L tj 44;:k Conrad Istock 213 Texas Lane, Ithaca, NY, 14850 e-mail: cai4> cornell.edu I illi I � NYSACC �i +! Spring 2003 I " VI!�6'V�UINNI��tiIVVb?�'wNl'iNY!W�MI u�9WIMIUUtlVMI�IUWWW2W41NIWIVMO�IVNI�IUI PI'S U�ii�IW�G'll@llU taW.!�ii�i9ViUN�W''�StlaYf�lfil@ New York State Association of Conservation Commissions Volume 29 No. 1 Balancing Representation on ConservatMIM Advisory MIX on ls Environmental Management Councils(EMf Cs,)act as citi- Many EMCs and C,.ACs have started to utilize this stu- zen-based advisory group's to county governments, dent population. The average CAC or EMC member is while Conservation Advisory Commissions(CACs)act well over thirty and is getting older by the day. Our or- as citizen aadvisory groups to city, ganizations need to begin to incor- town and village >overnments, porate the next generations before U! Each organization is made up of � r r "��� '�.y,� i !'r we start to lease membership, fund- interested citizens who conduct re-� r �tU�`� � ��ai�� ' ing,and support from the local com- earch sand provide, and ex- w �N fi! ,r �f 1�r mu��k�e�nd e world is changing ev s �ro pertise on matters affecting laical N y Y if we don't change with environments. Diversifying rna,m ' % ;H� �i { it, was will be left behind. bership on these local boards with an assortment of citizens cera be An easy way to get more student in- challenging, a�����r �j� Nl � ,"' ; .� r r m �. chaalleaagiaag,but is raga doubt essen- �,' ��� � ° ' t � � .�:- vo'lvetnent is to work with yourlo- tial to the advisory group's effec- `` cal school district - find a science tiveness. Many EMCs and CACs teacher willing to build the bridge are comprised of citizens who havei�' between the students and your or interests, and sometimes buck'- �I���'q, �04�� li�� ganization. Get the students in- grounds, planning,policy - �m��� �� .. can-ups and an tannin olio dc,vcl volved with stream clean-ups ! nces.aT' range of reprc�seratataoaa, �� I, �� I� M. colleges and Lan Ve Sities w are you p , and environmental scahabitat assessments.- he es where you can include environmental and en- can tap the local student body,which gineering professionals,academia, is usually very active. We cannot retired citizens, homemakers, and student,,;. It is repre- stress eracaw.agh the importance of getting students inter- sentation from the latter that is intriguing and of signifi- ested. They are the future of the environmental move- cant importance. rnent. We need them to take the enthusiasm born in the 19700 and carry it into the 21st century. Representation on! EMCs and C: Cs from local, high schools,colleges,and!universities provide fresh perspec- At the Broome County TSMC, students can serve for up tives and enthusiasm aabou t issues affecting,our environ- to two years as student representatives. They are en- meat,and skills that can enhance the work of advisory dorsed by members of the Council,and approved by the councils. Students benefit from their involvement with County Executive and the Legislature.Student represen- aadvisory councils in a number of ways: they learn how tatives must be at least 16 years old, be residents of the to work in and with groups to achieve common goals; county (for EMC membership) or residents of the city, they learn that public participation in policy develop- town, or village (for CAC membership). They give the rnent, planning and implementation is, crucial to a board a fresh, new perspective on environmental issues community's well-being and sustainability, they learn in the region, to express good ideas, which sometimes are great ideas Stacy Merola. „respected by their peers,and they learn how to turn those Broome County EMC,Director ideas into action strategies.After all,these young people will become professionals in our communities, apply- Julie Voigtlaender ing knowledge and experience they have gained from. Broome County EMC their duties with EMCs and Caai,C:s. Binghamton University Rep. 2 NYSACC news Sp . ......... —1........... ......... _(Ing..?0.03, An Environmental Romance Websites of Note 11l this iS51W we addressOUrneed to reach out to younger In keeping with our therne of inc-,mbers in(,)ur environmental community. So,NYSACC "YOUth and,flie Fnvironrnent,"our News is an exceflent place to announce the engagement recurnmenderl n,vebsites target the of Steve Not)le,a INYSACCL)irector for the past fiveears y , ini ri,,.Aivesand accomil.,Aishmens of t and Julie Vcyigtlaender, the BillghanIt(M) L)T-r'VerS'ty St"I young pel)fAe gall m,vr the world, rT1 cient representative on the Broome County EMC. all hkle a royT�ance, e5peciatly an env�rc)rimental re - Wn'itebstefirof Lhe rrUN Envircimnent,,rfl P3-()VT-k1M )'01101 manc(.�. So here's thc,� story of Stcwe `Hld JUIre. They b(:)th r; went to Kinigsion High SchM,1:)utdidn'tknow eachodier Advisorw,, CounH - includes amis and obj(:pctives arid yot,ah environinentat activities organized by cotcntl"N'- U11W they rnet on a school trip to Spain in 1998.Steve was pzu-tici ating in Ulster County's C, program, which -dtorin�,, and invoM,d 6-dgh whool stUdents in streain nim Website cif Hdiviromnent Canada's Science Horizons working with local governnient.,lifliejoined theprogy-arn Y6.ithe Al AM scientists handsqi -on arnrn@inI:n on environ- mental 1,:)rojects i,mder the of experkmccd fl scientists am] prograin managers. Website of Earth CrM YOUth Project-provides oppoi- o,inifies for (Mmil-kattan youth to learn about their kit, ban envircmrinient and enhanctheir commlinity, The 'IS I-a p d I 1:Jit(1 Wfnilirllw�WH VifiCS,pl-OgrarrlS,G a'Pi Ig PL i i fi% j li cations, etc. AM, d h f tp:llurunu P.ea r th cO rps.0 A M �r, a/g/d/o/ion, �21/1 We bs i I e o f F"a r t I i c k�n r 1:,�s,a n o r ga n i za ti o n ba se d i f I Se a t t I d An AL of j/mz/ VV h os e n i�a.4,'o n '..r,,tr o c�rc a te a g I o ba I conin vu n i ty t h rol 1 gh local environmental service involving 18-24 year olds. v The organization seeks to engage young people frenumSleve Noble arxiJulic Voigtiaeoder all pcarts of d-u-,n world in service to the environment. in I 999,They s,l w re(]en\1 i ronmental experiences,on t were A r S I p I e r ci a Ir I-r W-e just friends, W(-WOUld like to highlight as special website: Graduation came incl Julie went to SUNY Binglianiton. Ill rIM is.COM/ She icy majoring in H'nvironmental Studies with a This environment ritnvs service, includes daily en- tration in ecosysterns,ann d min in Biology.Steve went vironnientam l information from all over the Nvorld.It to the ('()JJege ()f 1.,.rl vironniental Science and Forestry at has a youth environmental news desk which pro-- Syracuse. lie is an Environmental Studies major with as Odes an opT,)Ortrunty for young writers t�o publish concentration on policy and managernertt. LEISt SUnurter floe ir'StOries on the irlIternet. 7 11-111-1- -. ............ they both worked for the Kingston Department ol'Parks and Recrezition,running ari environmental education pro- gram fever students ages 7-12.1"hey kept secret the fact that [hey were dating uritil cmrip was, over, feeling this, was Arlene KaUfMin, Editor professionallY u.)rrect. Joy Squires, NY CS President ter 0office NYSACC Office This sunifner, steve and Julie will be rUllfling the envi- 3 Andover Drive P.O. IBox 1732 roninental prol;rani a11411, dile to its ffeat SUCCVSS- HWY Port Jefferson Sta. Huntington, NY are sharing the knowledge and experience gaiTled frOrYl NY 11776 11743 both college and their involvernent with EMCOCACI's 631-928 3277 631-368-6949 with the children they teach. 631-331-4526 fax 631-3,68-4796 fax Both Julic anf]Steve fee.] that their involvement with locid NYSACC News is published three firnes a year. CACs,,'�,, ellvironnienLal conu-nissions has given therm a wonderful ire ef=Llragedto submit press releases, art�:cles, artwork or photography to the editor. fOUnclation and has guided them towards their future ca- For additional copes of NYSACC News,and address reers in the envieOnirnental field. changes, contact the Newsletter office. .......... .................. Page 1 of 1 Tee Ann Hunter From: Beth14850@aol.com Sent: Wednesday,August 13, 2003 9:09 PM To: Tee Ann Hunter; 'a.scheff@juno.corn'; 'drydentown@hotmail.com'; 'bonny22@juno.com'; 'towncl rk@ twcny.rr.com'; 'gem5 @ cornell.ed u' Cc: 'jtegan@cvf.biz'; 'JAT4@cornell.edu'; 'gkrough@thalerandthaler.com'; 'Beth 14850@aol.com'; 'winograd @spcaonline.com' Subject: SPCA Follow up Good day! I wanted to update you on our progress since our meeting last week. Nathan, the ACOS,the board members you met and I have met to discuss the concerns you expressed. As a result of our meeting,the following actions will be undertaken: 1. All employees and volunteers who interact with the public and answer the phone will participate in customer service training. 2. Nathan and the ACOS will review key processes in animal control looking for ways to improve communications with the towns. 3. Jim Tantillo,the SPCA board member who was at the meeting last week, will take on the role of ombudsman for the SPCA. In this role,Jim will stay in touch with and will be available to the towns regarding animal control issues. Please note that Nathan and the ACOS will continue to be available to you as well. 4. The current phone system will be assessed, looking for ways to make the SPCA more responsive to your calls,particularly in the mornings. I will update you again in 2 weeks,to keep you informed on our progress. Do, however, expect ongoing contact by Nathan,Jim,Lisa and Cathy. The ACOS, Nathan and the board want you to feel that we are your partner on animal control and humane issues,and will work to correct any problems that may exist in the system at this time. Thank you for your concern,and for working with us to support the citizens of your towns. Best regards, Beth Fuller Board Chair 9/17/2003 , ro 115 Vera Circle AUG 3 2003 Ithaca, NY 14850 A, r August 15, 2003 ffHACA TOWN Dear Ithaca Town Board Members, On behalf of my many neighbors, I am writing to inquire about the status of our requests to extend Molten Point water service to the Vera. Circle neighborhood on West Hill. As you may recall, a petition requesting waster service was signed by virtually every resident in this area. It was submitted two years ago. I believe a similar petition was signed and submitted by residents five years before that. Our dire water situation remains as before. Yet my neighbors and. I have received no tangible response to our pleadings for your assistance. There are four pressing reasons for requesting water: (1.) many of our wells dry up during Ithaca's hot, long Summers (this year is a clear exception, however), (2) the well water for many homes is undrinkable because of glacial silt that (3) clog our well pumps and necessitates their frequent replacement at considerable expense, and (4) fire protection. My neighbors and I are troubled by the juxtaposition of two general observations. First, these are four long-standing problems in a well established neighborhood. Second, the Town of Ithaca has nevertheless provided water service to other neighborhoods that either have a far more recent origin (e.g., Eco Village) or are beyond the borders of the Town of Ithaca (e.g., Jacksonville). Candidly, many of my neighbors believe it is very unfair to ignore our health and safety, while addressing the needs of residents outside the 'Lown of Ithaca. Having served on the Ithaca Town Board, I am well aware of the two major obstacles to our request, i.e., the cost and the possibility of fostering development in an agricultural district. But as a former member of the Board, I am also aware of the various solutions, both in terms of financing and engineering the project and in terms of protecting Ithca's agriculture. My neighbors and I would deeply appreciate a tangible response to our request and needs. Currently, our problems appear to be ignored, at least in terms of a public venue. Our repeated requests for assistance have not been answered either by words or deeds. Yet, the problems we face continue to grow, e.g., you recently approved two new subdivisions on Max's Drive, which will make additional demands on well water in our neighborhood. If the Town continues to approve more homes in our neighborhood and fails to provide water service, our situation can only get worse(and you must bear the responsibility). If this letter sounds strident or unkind, I apologize. But, at this point, my neighbors and I have exhausted all of our options. We now seek your attention and help with a sense of desperation. I would be more than happy to discuss this matter with you at any convenient time, or to answer any questions you may have. Respectfully yours, do� Nli Karl J. Niklas w August 15, 03 Ulysses Town Supervisor Torn of Ulysses .. . Town Hall / Elm Street Trumansburg, ICY 14886 Dear Doug Austic: This letter is in support of regulation of Jet skis on Cayuga take. I live three miles from Taughannock Park and make use of the park in all seasons especially during summer. Regularly friends and I hike the rim trails and walk the shores to exercise and enjoy the peace and solitude Mature has to offer. Jet skis and ether noisy watercraft can destroy that very quickly. Hikers, campers, canoeists, swimmers, picnickers, birders, etc, visit our local parks to get away from the urban environment and pollutants associated' with it, such as noise. Noise from Jet skis and watercraft close to shore shocks the senses. There are ether hazards connected with Jet skis. It would help alleviate the noise and hazards from Jet skis to have there operate at 1 Omph or less within p feet of the shore. In addition, the use of Jet. skis should be limited from 1 ,00am to :0 pm. The peace of early morning and evening hours is especially important to wildlife as well as humans. Cayuga Lake is open to many different recreational interests (Jet skiers representing a small fraction); therefore, it is important to get input from various interest groups in order to draft fair and thoughtful regulations. Also, it would seem Logical for the townships involved to work together to draft such important regulations. It would help compliance and simplify enforcement for all of us to be using the same regulations. Thank you for your attention and consideration of this issue. Si erel 0 Die h Jones 166 Perry City Ind. Trumansbur86 Copies to: Lansing. Town Supervisor and Ithaca Town Supervisor Andy Frost From: Bernie Hutchins [bahl3@cornell.edu] ,,Sent: Monday, August 25, 2003 12:12 PM To: Andy Frost Subject: Noise Ordinance Question Mr. Frost- I live at 1016 Hanshaw Rd which is just across Hanshaw to the north of the Country Club of Ithaca. We have over the years been annoyed by the amplified music from their parties, and have had no cooperation from the management, I spoke before both the Planning Board and the Zoning Board of Appeals this month. It was suggested that I get in contact with you. Mr. Barney said that the noise ordinance specified limits of 55 db and 60 db for different times, at the edge of the property, But he did not seem to know very much about decibels and sound level measurements. Of course, these numbers mean nothing without further specifications. What does the ordinance say? 1. 1 assume that the SPL is referenced to 20 micro-newtons/square meter (20 micro-pascals) as Ddb. 2 . Is the filtering (weighting) A or C? This makes an immense difference (at least 10db) in terms of sound coming over distances of hundreds of feet where high frequencies are naturally attenuated. The C weighting picks up the low-frequency "beats" which are similar to those of a boom-box on wheels. 3 . Are we talking peak (maximum) or average? This also makes an immense difference (again lodb - 15db) . 4 . What is the integration time? 5. How do we determine the boundary point? Is it the boundary facing the person complaining, or is it the point where the boundary reaches the nearest neighbor? As a point of information, I measured SPL' s from the CCI party of August 23, 2003 . At the end of my driveway (still across the road) , I had averages of 60db to 64db and peaks of 72db to 80db (using the C weighting) . These were integrations of 60 seconds (three such ,,,measurements) and I had to measure between cars which were, surprisingly, not too noisy. The 80db was for the song "Play the Funky Music" (am I the only one who thinks this sounds like something else! ) . At my garage door (another 200 feet back) the levels were average of 60db and 61db with peaks of 76db and 72db (two measurements) . I will appreciate your telling me what the ordinance says with reference to the questions above. Sincerely, Bernie Hutchins 2 1016 Hanshaw Rd Ithaca, NY 14850 August 27, 2003 Supervisor Cathy Valentino Town of Ithaca 215 N. Tioga St Ithaca, NY 14850 Dear Supervisor Valentino: Since building a house at 1016 Hanshaw Rd. five years ago, we have had continuing problems with the Country Club of Ithaca, which is just across the street to the south. The problems relate to the hazard of balls overshooting the chipping green and coming across Hanshaw Rd., and to the noise level of amplified music during r� some of their outdoor events. I have addressed both these issues at the Planning and Zoning board meetings this August, which relate to the Country Club's proposed expansion. We are perhaps making some progress, although the Country Club has been dragging its feet and denying any problems. Here specifically I would like to make some points to you with regard to the noise. I have obtained a copy (five pages) of what I believe is the current noise ordinance. I believe the Town of Ithaca is in the process of updating this. Accordingly, this may be a good time to point out some technical flaws that are in the current ordinance and which should be repaired prior to enacting any revised ordinance. First, I take the subjective wording of"unreasonable noise" as reflecting the spirit of the ordinance, and it should guide the technical description, and not the other way around. This consideration influences the choice of "weighting curve" used in the measurements. Further, the technical description is not complete in that it does not mention whether or not the decibel readings are peaks or averages, and this can make an immense difference. These issues I discuss below: r^� Weighting Curves: A or C? Sound level meters usually have a switch to select a weighting curve, which is a choice of filter. The "C curve" is what engineers consider flat over the entire audible range of frequencies (about 15 Hz to 15 kHz), and is a fair measure of the true sound pressure levels. The "A curve" de-emphasizes low frequencies and is intended to reflect the way the human ear works, as we have much less sensitivity to lower frequencies. The A curve is often used for measuring general noise levels (it is specified in the current ordinance) but not for high-level physiological effects where it is recognized that just because something does not sound too loud, it does no damage (the "pit of the stomach" feel which also shakes your ears!). Further, outdoor sound traveling over substantial distances (hundreds of feet) is attenuated in the high frequency region, through the mechanisms of air damping and damping due to vegetation. This we recognize as we are subjected to the sound of a car stereo which we first hear as a "booming" when the car is a half mile away, and only when it comes by more closely do we hear the higher frequencies. This environmental attenuation of high frequencies can mean that low frequencies are not "masked" by louder high-frequency sounds, and the ear, which has an astounding dynamic range, now picks up on the low frequencies. At the same time, if we measure this with an A curve, we get very little. We hear it and it annoys us greatly, but the environment attenuates the high frequencies and our meter attenuates the low frequencies. The instrument lies to us! In consequence, at least beyond a distance of say 200 to 300 feet, the C curve should be used. Typically this will show levels of 12db to 18db higher (four to eight times more sound pressure). Average or Peak (Maximum) readings? The current ordinance does not address whether decibel measurements are to be peak (MAX) or average, and like the choice of weighting, this can make a difference of something like 15db. This must be specified or the technical specification is meaningless. Thunder storms, averaged over all time, are virtually inaudible, although they get our attention when lightning strikes the tree outside our bedroom. This is the difference between peaks and average. On a smaller scale of time, we all know that rock music (for example) has a "beat." Accented beats (perhaps one per second) can peak 15db louder than average. It is the peaks that annoy. An ordinance should specify maximum readings over a suitable measurement interval (see below). r ,•►, Measurement Intervals? An ordinance should make mention of the duration of sounds to be measured. Sometimes this is called "integration time" although that is probably technically erroneous. A reading on a digital db meter typically gives the average or maximum over consecutive one-second intervals. The meters are usually capable of measurements of longer durations in the range of minutes. These longer durations are very convenient as the results (both MAX and average) can be measured simultaneously, and are held in memory and displayed at the end of the measurement. It is not necessary to watch the display and remember the results. A duration of something like 30 seconds to two minutes is quite practical and should reflect the sound levels realistically. ----------------------------------------------------------------------- Sound level meters suitable at least for general information (if not for enforcement) are not expensive ($50 at Radio Shack). Further, expert advice in the areas of psychoacoustics and audio is readily available in the Ithaca area (Cornell's NB&B, the Sapsucker Bioacoustics Program, etc.). Sincerely, Bernard Hutchins STATE OF NEW YORK-,DEPARTMENT OF TRANSPORTATION TRAFFIC AND SAFETY DIVISION STUDYNO.; 3030110 NOTICE OF ORDER FILE: 50.08—Local JOMNTROOP- C THE DEPARTMENT OF TRANSPORTATION HAS FIILED AN ORDER WITH THE SECRETARY OF STATE WHEREBY: SECTION, 1150.08 SUBDIVISION (e) PARAGRAPH OF THE DEPARTMENT'S REGULATIONS IS EJADDED F-1 AMENDED to read as follows: EIREPEALED (e) 45 MPH on Codding0ton Road, a County Road, between Banks Road and the Danby/Ithaca Town Line, a distance of 0.9t mile. 1003 10�N 0i II The above order will be effective upon the installation,modification or removal of the necessary traffic control device (s) required by and conforming to the State Manual of Uniform Traffic Control Devices. r, %L 8/6/03z - Regional Traffic Engineer II APPROVED B �JO;> (DATE) (SIGNATURE) (TITLE) DESCRIPTION: Order establishes a 45 MTH speed limit on the above described section of Coddington Road. COUNTY: Tompkins LOCALITY: Town of Danby OTHER RELATED ACTIONS NONE (identify) cc: CITY E3 POLICE DEPARTMENT 0 VILLAGE SHERIFF Q REGION 3 TRAFFIC ENGINEER � TOWN STATE POLICE OTHER Town of Ithaca [Z COUNTY SUPT, � PERMITTEE (Specify) JEF:GAD:ERS:hh TE 3e 181180) TOWN OF ITHACA 215 NORTH TIOGA STREET, ITHACA, N.Y. 14850 w � TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX(607)273-1704 MEMORANDUM TO: Tee Ann Hunter,Town Clerk DATE: September 3,2003 FROM: Andrew S.Frost,Director of Building and Zoning(C# SUBJECT: Proposed 1984 Local Law Regarding Alarm Systems As we have discussed,I have determined that"A Local Law Regulating Alarm Systems in the Town of Ithaca" drafted in December 1984,was at that time just a draft. I cannot find any evidence that such a proposed law ever became law. It was through the current Codification project that this draft was discovered. It is noteworthy that the current New York State Uniform Fire Prevention and Building Code effective in the Town and statewide since 1984 addresses many of the concerns regarding the operation and maintenance of alarm systems;as the 1984 draft suggests. The Town also has a Local Law##7, 1995,which requires property owners with alarm systems to obtain and provide"Lock Boxes"for fire department use. .ry 770Y33N Date: September 4, 2003 F. -u TO: Town of Ithaca 215 North Tin a Street ATTEST,-----..-.. .. �.w Ithaca, fi ' 14850 ITHA T WN LE � :. ..___ From; James lacovelli RE. Noise Permit Application filed for 210 Pennsylvania Ave. Dear Town Board Members: I have just been informed that an application has been filed for a noise permit for a party to be held at 210 Pennsylvania Ave. on September 13, 2003, The time of the proposed event would be from 8:00 pm until 12;00 am. This letter is to advise that I am against the issuance of such a permit. I am a life long resident of South Hill. I am also a landlord to many people in this neighborhood. I do not now, nor have I ever had a problem with non-owner occupied residences, whether they are students or not, However, I have always been a responsible resident and a responsible landlord. I have always done whatever I could do to make the neighborhood as nice as possible. It is my belief that allowing anyone to create more noise later in the nighttime than the ordinance now allows would be detrimental to many other residents of that neighborhood, including me, who go to bed at an earlier hour, hope to enjoy the outside evening air in peace and quiet, etc. Thus, I respectfully request that the application be denied. Respectfully Submi ted, James lacovelli 1223 Trumansburg Road Ithaca, New York 14850 09 September 2003 Catherine Valentino Town of Ithaca 110 Eastern Heights Road Ithaca, New York 14850 Dear Mrs. Valentino, As a neighbor of the proposed housing developments on route 96, I would like to express my opinion. Please be patient as I tend to ramble a bit. 1. May I suggest that the next time something effects my neighborhood that the Town of Ithaca spend some postage money and notify us of upcoming meetings rather than reading it in the newspaper? Thanks very much. 2. While you are looking around at the neighborhood, please take into consideration the increased traffic on Trumansburg Road and ultimately on the octopus.. I have lived with my family at this address for nearly 40 years and have found the traffice to be unbearable at times. . . I work on Cliff Street and when trying to turn from my driveway left onto Trumansburg Road, it sometimes takes me 15 minutes in the morning to do so - Monday through Friday and sometimes even on Saturdays. What will the increase in housing do to the congestion currently happening? . . When Hector Street was being worked on this summer for several weeks and traffic was rerouted down 96/Cliff Street, it took me - every day of the week - 45 minutes to get from my home next to Lakeside Nursing Home to the Science Center to drop off my daughter for work. What will the increase in traffic be like in the future? In the winter, it is nearly impossible now to get out of my driveway and turn left when the traffic - is slower and the roads are not cleared. 3. The Ithaca Journal mentions today that some of the mutual housing would be offered to employees of Cayuga Medical Center who have to drive distances. "What is the average salary range of CMC employees and will they make too much money to qualify for this housing? 4. What type of income levels will qualify for both housing developments? Will it be like Lindemann Creek where I understand police calls are significant? Do I have that to look forward to in my neighborhood? 5. Living next door to Lakeside and the kinds of employees they have had in the recent past, has led to many calls to the Sheriff for noise complaints and speeding. How will more people in the neighborhood impact on the speed and noise complaints we already have? I am all for the Town of Ithaca increasing their tax base and my son; -Joe Scaglione and I feel you are doing a wonderful job of keeping things in line. I would appreciate /0"N however, having you take a serious look at all aspects of these new developments and their impact on neighborhoods that already see ever increasing traffic: I also ask that you travel this area at various times during the day and evening to see what the traffic flow is - eg. , 7-9 am, 12-1 pm, 3-4:30 p.m. Monday through Friday. You will be amazed at the traffic we experience! And as an aside - I am still greatly interested in the fact that Ithaca College does not pay for fire protection - not even a voluntary contribution. I am aware of their statement that it is not mandatory and therefore not applicable. When the fire station across the road from my home was scheduled to be closed during the daytime hours a few years ago but the station at the edge of the IC campus was to remain open 24 hours a day, we were quite vocal about it. The: fire station on 96 serves the Hospital, Lakeside, Alterra - and most of those populations cannot easily get out in case of a fire. It also serves many, many homes as well as Candlewyk Apartments. Why should it have been in jeopardy of closing while one whose population is mainly students, got to stay open and why doesn't President Williams see a problem with that? Is the problem being worked on? Will IC be asked to make at least a nominal contribution for fire protection? Or perhaps they should be forced to develop and pay for their own fire department (even though they donated the land the current fire station is on) . Thanks for listening! See you at Lynah Rink this winter. `Yo 1 s v uly, Mary 4E. r—o&sp�er Joe Scaglione Luanne Prosperi Stefanucci OCOEE091 le dreaded day eldercommunity or hascome, low e�densityit lCreekooks like Indian ull be tto houses but condominiums! Asi loo ,a�� e P of my little, embattled property, and wonder why you would want,to pour so ruga into so pristine an environment, I realize one of the Catch 22's of low income hou, there is already a neighborhood,there are neighbors to object. The same factor that ma this such an inappropriate place in an absolute sense make it the perfect place in the political sense. The neighbors out here are,primarily, not human, and can't speak for themselves, so I thought I should introduce you to a few of them. I will start with my personal favorite, the wood thrush. The wood thrush is a small, brown. cousin of the robin who is rarely seen, but once you have heard him, you won't forget him. His song is a series of liquid phrases that follow the tune of the Devo hit "We are Levo", albeit to different effect. The wood thrush nests on the ground, which makes him vulnerable to cats, but his numbers are dwindling because of the brown headed cow bird. These birds love to parasitize wood thrush nests by laying their eggs in them, and the wood dish must be more than 100 feet or so in from the edge of the woods before he is safe from them. The last wood thrush near my property nests in the square that is made by the woods at the west end of this development and Steven's pond, so his days may be done. 'then he goes, I hope I am in a position to go, too. Also dwelling in these woods are two turkey liens, who raised at least 20 babies between them this summer. They came into my back yard every day during mulberry season, but the development will eliminate their primary dining room and bedroom, as well as cutting off their access to my property. Given the shy nature of turkeys, the impact of this development will extend past the development proper and, of course, when the last phase of expansion into the whole 70+ acres is done they will be pushed out entirely. During the hawk migrations of spring and fall, the fields out here are a prime hunting area, and you can usually see 3 or 4 a day. They like to sit on the telephone poles that dot the building site and when the development is done, their fast food joint will be gone. This year, we had a pair nesting along the creek.. A raggedy juvenile hawk appeared a few weeks ago, and I think he (or she) must be the fledgling. The development will eliminate their nesting and hunting area, and no hawk will want to nest so close to development, so the other site they have used will become useless, too. Red fox, gray fox, and a couple coyotes have been.hanging out in this area. Much of their hunting range will be destroyed by this development, which does not bode well for my chickens. The foxes and coyotes hunt rabbits, and the coyotes also hunt cats. I have lost at least one cat to one coyote, who likes to slip through the edge of the woods where you. intend to put a pond, and across the creek. These coyotes are much bolder than the ones I used to know in California, so I don't know if they will care that you are here or not. The foxes may leave. Perhaps I should be glad for my chickens, but these foxes have preferred to eat the rabbits, and, besides, death is the cost of having life, and I would prefer to loose a few chickens to loosing a glimpse of"the fox at the bottom of the yard in the evening. Omftk I guess I should mention my chickens; the roosters start crowing as soon as the sky starts ,.q to lighten, and they don't stop until night fall. After dark, if they are disturbed by any noise,the rooster crows to scare off intruders. Most dogs think that chickens are a new kind of dog toy when they meet them, so a dog who gets loose can be a serious problem 0 in the country. When the hens have chicks in the summer, loose cats are also a problem Speaking of cats,with as many as 350 households projected for this neighborhood,the cat population may become a problem itself. The blue birds come through mainly in the spring;they haven't nested here since it got so over grown, although Dan Kenyon's excellent mowing job may bring them back. The wood cocks,however,have exploded during the last couple of years. These quaint little birds like to hide in the brush. They do not migrate, and you can hear their eerie "peent" all around you when you walk up the road at night in the winter. Half their territory will be eliminated by the first wave of development, and the rest will go when the development is finished. I do landscaping all over the greater Ithaca area, so I can tell you that the deer won't leave,they'll just try to adapt by eating anything you plant. The deer on this land are hunted very aggressively in and out of season by hunters who come on here from all over New York State.This makes the space up there a bit of a war zone,but I have felt deep ambivalence about this,because without the hunting, our problems with deer would be comparable to the problems they have further down the hill or in Cayuga Heights. They will have to severely restrict,or even eliminate the hunters as soon as development begins or enjoy having wounded deer pursued through the yards or risk worse and this is the sort of thing that will impact the Fruit Farm severely. Although Steven has been impacted by deer browsing,this is nothing compared to what he will experience when their food has been eliminated during the last stages of the proposed development. Now that my old dog is old, I don't get to see the mink anymore,but I know that there was one here last year because he killed several chicks, in spite of the hen's valiant efforts to defend her brood, so I had to put hardware cloth all over the chicken coop. You usually don't see mink, even if you have an inquisitive dog who sniffs them out, except as a brownish flash, followed by a skunk-like smell. Once, I found one dead in the area that will be turned into the holding pond. When they are gone,the mice,voles, chipmunks and such like will breath a sigh of relief and breed even more prolifically. The deer mice will consider the new houses as gifts from the gods and try to move in. The field mice will join the deer, rabbits, chipmunks and squirrels eating anything in the yards,bird feeders and garbage. The raccoons were severely impacted by the rabies outbreak a few years ago,but they seem to be rebounding. You can hear them fighting and arguing over territory during the fall and spring;they will be delighted to have human garbage to exploit. I have never seen a firefly in town, but they fill the fields out here in a normal year. Before the whole area is developed they will be a pleasant change for the residents.The goldfinches, sparrows, chickadees and cardinals,however,will probably be happy to have more bird feeders. I'm not going to pretend everyone won't be happy to see more ,.1 humans; my young dog will be too happy,and I will have to keep him tied! �•., Some of these residents would be disturbed by farming,but I met all these folk for the first time when I lived on a communal farm in Middlesex, so I don't think they would disappear. Some of them would positively thrive.Besides,this various environment is here because this is what you get when farmland goes feral. You aren't going to see a housing development go wild any time soon, and if you did,the wildness would have to contend with a bunch of concrete, exposed and compressed under soil and a general loss of topsoil. It would also be very unsuitable for farming. I was just talking to a man who tried to farm for 40 years, and he said that he loved it, and would still be doing it, except that to farm in our current economic climate you have to be crazy or you will be driven crazy, and he decided not to go that route. Well,thank God there are some people that crazy, although I find myself not to be, and do landscaping, instead. If one of these people driven crazy by the love of farming wants to farm in Ithaca, this piece of property is one of the best places they could settle, not least of all because they would be next door to Steven Cummins. He is a resource in himself;he lent me a field the year I grew beans and potatoes and sold them through his farm stand and Green star. He loans out equipment,he comes with a whole clan of farmers and he is providing a retail outlet. Losing this land for farming would be a real tragedy for farming in Ithaca. Since I have not had the opportunity to hand you a prepared binder of materials, or even to speak at length,I would like to make a couple points about this development, as I think is my right, since my husband and I are the humans most impacted by this proposal. Although only 50 units and 10 - 12 acres are on the table, it has been admitted that this is just the foot in the door, and that the long term intention is to develop the whole 70. Since I am one of the people who have approached Bruce about splitting the property, I know he wouldn't subdivide unless he thought this was the first phase of developing the whole thing at the price he has been waiting for. Frankly, since he wants to sell the other parcel for a similar price, I think that both parcels are on the table, but for the sake of argument let us stick to the current one. Bruce has been a pretty good neighbor,and he has been so kind as to let me walk my dogs up here,but he didn't get to be a successful broker of "luxury properties",as his website says,by underselling his product, and "low income" seems to be the lip stick he want to put on this pig to ram it through the zoning restrictions. The original variance for this land was for an elder community with 180 residents.None of these people would have been commuters,none would be driving out to take the kids to soccer practice or coming home at 2 in the morning when the bars close, so the impact on the already formidable traffic on this stretch of 96 would be minimal, although I shudder to think of an elderly driver trying to pull out into that curve. I have had the bus refuse to stop for me because the traffic was following her so aggressively, and when I had an aged vehicle with poor acceleration I used to feel like I was taking my life into my hands leaving my driveway. You see, I have tried to commute from here as a"low income" resident, so I have to smile at the blanditude with which Tom says he will overcome transportation problems. Is he going to be there on the -10 degree wind chill day when the car won't start?Will he be trying to swap in a new starter in the snow so he can get to work the next day?There is a reason that low income people who live in the 00.,1 country tend to know how to work on cars. Trying to commute on a bus line with more than an hour between buses,that is alternately 10 minutes late and 10 minutes early, in a ,.., wind chill factor of-10 is no picnic. With the proposed development,there are going to be 10 bedrooms and 5 residences per acre. There will be at least 120 people living on this space to start,to be expanded to... what?700?In the beginning,there will be at least 50 commuting adults driving in and out of that space every day,probably more. After development,that will be 200 or more heads of households added to the traffic on that curve. The traffic is already almost constant from 7-9 AM. I remember times I was late to work just because I spent so much time at the end of the driveway waiting for a break in the traffic. You should budget for a traffic light. In the first stage of development,there will be nearly as many people living in this space as would have been living in the final stage of the elder community development,only they won't be quiet old people,they will be young, lively and,believe me, completely isolated from the resources of downtown. Maybe this is the MHA's intention. In the end, there will be the equivalent of several city blocks displaced to my back yard, and I think I have some right to be alarmed. If I wanted to live in a neighborhood,I would have moved into one. It would be worse if these were a bunch of yuppie condominiums, instead of low income condominiums,but I haven't seen any guarantees that the units won't be sold as such in the end, since selling the units as low income depends on securing more finds, and funds are in short supply in this economy, and likely to remain so as the government slips deeper into debt. If there is a shortage of affordable housing in Ithaca, it is because the housing market is over heated by artificially low interest rates. The federal deficit will inevitably bring these back up. When they announced"a quarter of modest growth" at the beginning of this year, they failed to mention that the "growth" was entirely mortgage refinancing and home equity loans. The all time spike in"home ownership" has been accompanied by an all time high in loan defaults, and you can be sure that there will be even more. People don't own these houses,their banks do. If you want low income housing,just wait until this bubble collapses and things go back to what they were when I was looking for a house in the'90's. There 1 think you have the reason that Babcock is so eager to make this deal;this is his best window of opportunity to get the price he wants for this land. If we can resist developing this property now,we may succeed in saving it for agriculture or open space. I don't want to injure Bruce; like I said,he seems a decent guy,but he isn't going to suffer deeply from failing to make another million off of this land. The current residents of this land will suffer. Some future farmer will suffer, and the community of Ithaca will suffer. Please, let this development proceed some where more suitable, such as on one of the side roads closer to down town or, better yet, in town. Shifting population out of town is the very definition of sprawl. TOMPKINS COUNTYDEPARTMENT OF HEALTH DIVISION OF ENVIRONMENTAL HEALTH 401 Harris B. Gates Drive . .. 12 September 2003 .. , �� itf�s�,�, P�evr lfi�prk 148�5id-1s8's (607) 274.6688 -.. Dan Walker, P.E., Town Engineer Town of:Ithaca »., SEP 16 20tl 215 North Tioga Street Ithaca, N`i'" 114850 �r���� �a r�a. 11 HA C ^:a Harr �`�D),Ji K , rNdr.,�NEER1NG Re: Coddington Road Sewer proposal Dear Dan, The Tompkins County Health Department supports the installation of sanitary se we-r main from the Southw000ds Subdivision out East Ding Road to, and then along, Coddington Road to the existing sewer, as outlined in your memo of December 9, 2002. This sewer extension would eliminate the individual sewage .systems and improve conditions for the following reasons: • Protection of drinking water. This area drains directly to the City of:Ithaca reservoir that is the source of drinking water to tens of thousands of people. The sanitary sewer would remove the threat of sanitary wastes from the 45 potentially served lots. • Discharges to road ditch or ground staface. A search of our sewage system files found at least two systems designed to discharge to the roadside ditch because of area restrictions, and at least two others designed with a piped discharge to the ground surface. These style systems increase the risk of contaminating watercourses. • Poor separation bet uraeen sewage systems and wcatercoarrses. The separation may be less than the required 100' on lots 48-1-9.1, 49-1-20, -21.2, and -22. Decreased separation increases the risk for runoff or contaminated groundwater reaching the streams and later Six Mile Creek. • Soils erre generally marginal or poor for sewage trecataraent systerns. They are characterized with shallow(1-2') permeable soils, much less than the 4 feet needed for standard systems. Ground. water is reported at 4-15" deep in some of the soil types. Shallow permeable soils and shallow groundwater lead to premature failure, increased installation costs for new or replaced systems,. and increased risk of contaminated runoff: • Several lots are too sin all to adequately install caltern ative systems. While the minimum lot needing a sewage system where municipal water is available is only 0.5 acre, this is sometimes too small. There is one developed lot under 0.5 A, and about 8 others are less than IA,. In addition, as you point out, serving the Souuthwoods Subdivision by gravity sewer will result in less force main and a lower lift sewage pump station that is cheaper to operate and maintain. If we can provide any additional information, please let us know. Sine- ly Jo M. A:uidersson,P.E. F ` D ector, Division of Environmental health Services pc: Alice Cole,MRN. MSL,PH Director Michael :o linka-Loehr,TC Legislature District 1.1. William Cray, City,Engineer,C- Ithaca bill Farrell, 581 East Miller Road, Ithaca a:Ceaddfi1gtonSewe s.r)l9 Recycled paper 581 East Miller Road Ithaca,NY 14850 August 28, 2003 John Andersson Ij 11003 Tompkins County Health Department Environmental Health Division 401 Harris B. Dates Drive 2. ,;'-r '' p , Ithaca,NY 14850-1385 z, Dear Mr. Andersson: I am writing to you as a follow up to our telephone,conversation this week regarding the proposed sewer extension from the Southwoods Subdivision on King Road section of Coddington dington Road running from existing - sewer fi- -_ to that the existi public sewer me on Coddington Road to King Road. Many of the residents and landowners on Coddington Road, including myself, have bipi3n.requesting public sewer since the extension of water in the early 1980's. At ih�4j tiijne,' we were told that we would have to have public sewer within the next three or fPU_T!years. Dqpifc,repeated attempts to petition the Town Board for public sewer,this his not h4ppen pd. However, we now have an opportunity to have this occur with the devolpp m* ent of the, Squthwoods Subdivision. The developers are willing to donate the same amount pf m9pey to the Town of Ithaca that it would cost them to pump sewage Ou{} pxressjirg to t18 exjstirjf Town Sewer on Troy Road. I hate secured the signatures of 40 residents on Coddington and King Roads who are eager to have public sewer,and I have presented this petition to the Town Engineer, Dan Walker.* Enclosed is a copy of an Engineering Memorandum that Dan Walker prepared in December, 2002 explaining the recommendations for public sewer in this area,together with a map of the Coddington Road Sewer Extension Proposed Service Area. --It-would-be most appreciated-if the Tompkins County Health-Depami ent-would support the extension of public sewer on Coddington and King Roads. By doing so,the City Reservoir will be protected from any problems with existing septic fields, and at the same time accommodate the needs of the residents on Coddington and King Roads. This is a highly developed residential area within the Town of Ithaca, with very little chance of further development. Therefore,this should not be seen as encouraging future development in this area,but, rather,as taking care of the current residents and taxpayers. Al Tee Ann Hunter m: webuser@town.ithaca.ny.us bent: Monday, September 15, 2003 2:04 PM To: townclerk@town.ithaca.ny.us Subject: Data posted to form 1 of http://www.town.ithaca.ny.us/Feedback.htm department: Highway MessageType: Complaint Subject: (Other) SubjectOther: intersection condition Username: Cynthia Gruman userstreet: 119 Terraceview Dr. usertown: Ithaca UserEmail: cgruman@twcny.rr.com UserTel: 277-6880 UserFAX: B1: Submit Comments: The condition of two portions of Game Farm Rd. is quite bad. The intersection of Game Farm and Rt.366 has deep holesm and is very rough. In addition, the west side of Game Farm opposite the DEC facility where the trees shade the road is very rough, and difficult to navigate when forced to remain on that side of the road. I would like to request gmeone evaluate these areas for repaving. Thank you. 1 INSURANCE SERVICES OFFICE, INC. h S'EVES DRIVE SUITE 20DO MARLTON,NJ' 08053 C856)915.5600 FAX M56 985-6464 x . � W September 16, 2003 0 i'v'Is. Catherine Valentino, Supervisor- A rT E-ST Towyn of Ithaca 8➢pIA 0 AT: �11 P1,11 C i tl qK ... 215 N. Tioga Street Ithaca, NY 14850.4321. RE: Building Code Effectiveness Grading Schedule Ithaca TS, Tompkins County, NY Dear- Supervisor Valentino: We wish to thank you and Andy frost for the cooperation given to our representative, Debra Merryweather, daring, our recent survey. We have completed orrr analysis ocf the building codes adopted by your community and the efforts put forth to properly enforce those cedes. The resulting Building Code Effectiveness Grading Classification is 3 for I and 2 fancily residential property and 3 for commercial and industrial property. The Insurance Services Office, Inc. (ISO) is an insurer-supported organization with the primary mission of providing advisory insurance underwriting and rating information to insurers. There is no requirement that insurers use our advisory material. Insurers may have adopted, or may be in the process of adopting, an ISO insurance rating program that will provide rating credits to individual property insurance policies in recognition of community et-'forts to mitigate property damage due to natural disasters. These insurers may use the Building Code Effectiveness Grading Classification. we have recently developed for your community as a basis for the credits used. While individual insurers may use different credits or different effective dates, the ISO program will apply credits to new construction within Ithaca TS that has been issued a Certificate of Occupancy in the year 2003 and forward. We have attached a copy of our report which provides additional information about our classification process and how we have graded various aspects of your con-rnruni y"s building codes and their enforcement. We want to highlight the fact that the Building Code Effectiveness Grading Schedule is an insurance underwriting and information tool; it is not intended to analyze all aspects of a ,.•.� comprehensive building code enforcement program nor is it for purposes of determining compliance with any state or local law or for making property/casualty loss prevention and life safety recommendations. If you have any questions about the Classification that was developed,please let us know. Additionally, if you are planning on any future changes in your building codes or their enforcement, please advise us as these changes may affect our analysis and your community's grading classification. Sincerely, BCEGS Building Codes Department (856) 985-5600 FAX(800) 955-2422 Enclosure cc: Andy Frost w/enclosure A'� BUILDING CODE EFFECTIVENESS GRADING SCHEDULE INTRODUCTION The purpose of the Building Code Effectiveness Grading Schedule is to review the available public building code enforcement agencies and to develop a Building Code Effectiveness Classification for insurance underwriting information and rating purposes. The Schedule measures the resources and support available for building code enforcement. It also evaluates how those resources apply to the mitigation of the natural hazards common to the specific jurisdiction. These measurements are then developed into a Building Code Effectiveness Classification number on a relative scale from 1 to 10,with 10 representing less than the minimum recognized protection. The Schedule is an insurance underwriting information and rating tool. It is not intended to analyze all aspects of a comprehensive building code enforcement program. It is not for purposes of determining compliance with any state or local law or regulation,nor is it for making property/casualty loss prevention or life safety recommendations. It should not be used for purposes other than insurance underwriting information and rating. The Building Code Effectiveness Classifications developed through the use of this Schedule are only one of several elements used to develop insurance rates for individual properties. Other features specifically relating to individual properties such as construction,occupancy,and exposures have similar importance in the development of these rates. The Schedule is divided into 3 sections: Administration of Codes: This section evaluates the administrative support available in the jurisdiction for code enforcement. It looks for adopted building codes and modifications of those codes through ordinance,code enforcers qualifications,experience and education,zoning provisions,contractor/builder licensing requirements, public awareness programs,the building department's participation in code development activities and the administrative policies and procedures. Plan Review: This section assesses the plan review function to determine the staffing levels,personnel experience, performance evaluation schedules,review capabilities,and level of review of construction documents for compliance with the adopted building code for the jurisdiction being graded. Field Inspection: This section evaluates the field inspection function to determine the staffing levels,personnel experience, performance evaluation schedules,review capabilities,and level of review of building construction for compliance with the adopted building code for the jurisdiction being graded. The attached"Classification Details" identify the subject matter,maximum points achievable and the points obtained in the review of your community. This information is provided to you without recommendation and is for your use in understanding the details of the measurement of your building code enforcement activities in relationship to the Building Code Effectiveness Grading Schedule. Ithaca TS, New York SECTION I ADMINISTRATION OF CODES 100. GENERAL This section evaluates the administrative support for code enforcement within the jurisdiction--the adopted building codes and the modifications of those codes through ordinance,code enforcers qualifications, experience and education,zoning provisions,contractor/builder licensing requirements,public awareness programs,the building department's participation in code development activities,and the administrative policies and procedures. 105. ADOPTED CODES Maximum Points Possible 10.00 points Points Scored 10.00 point(s) The latest edition of the model codes should be adopted and enforced by the jurisdiction. Use of codes other than the model codes,the National Electric Code,or the CABO 1 &2 Family Dwelling Code may prorate the points available in Item 105. If the latest edition of the listed codes were adopted within 1 1/2 years of the published date,and the published date of the listed codes is within 3 years of the date of the grading Column A applies. If the above does not apply,or the previous edition of the listed codes is adopted,and the published date of the listed codes is within 5 years of the date of the grading,Column B applies. If the next previous edition of the listed codes is adopted,and the published date of the listed codes is within 10 years of the date of the grading Column C applies If an earlier edition of the listed codes is adopted Column D applies. Points Possible CODES A B C D Points Scored Building 7.75 pts. 4.65 pts 3.40 pts 1.70 pts 7.75 pts. Electrical 0.75 pt 0.45 pt 0.30 pt 0.15 pt 0.75 pt. Mechanical/Gas 0.75 pt 0.45 pt 0.30 pt 0.15 Pt 0.75 pt. Plumbing 0.75 pt 0.45 pt 0.30 pt 0.15 pt 0.75 pt. 1 &2 Family Dwelling 4.00pts* 2.40pts* 1.60pts* 0.80 t* 0.00 pt(s). * If a building code is adopted and enforced this value will equal 0.00 points. 1 9/15/2003 s►1 110. MODIFICATION TO ADOPTED CODES Maximum Points Possible 5.00 points" Points Scored 5.00 points There should be no modifications to the structural design provisions of the adopted codes and referenced standards that would weaken the intent for construction mitigation of natural hazards as defined in the model codes and referenced standards. No proration is permitted in this item. **Maximum allowable points=(points credited in item 105) x 0.1 x 5.0 115. TRAINING Maximum Points Possible 13.00 points Points Scored 3.91 point(s) Amount of expenditures for training equaling at least 2%of the annual operating budget for all building department related activities. Pts Poss. Scored 3.00 points 0.36 point(s) Each code enforcement person receiving the following amount of training per year: Pts Poss. Scored Administration 12 hours.................................1.25 points 0.63 point(s) Legal 12 hours.................................1.25 points 0.00 point(s) Mentoring 12 hours.................................1.25 points 0.00 point(s) Technical 60 hours .................................4.25 points 1.42 point(s) Incentives provided by the jurisdiction for continuing education,outside training,certification and certification maintenance. Pts Poss. Scored Community paid certification exam fees 0.50 point 0.50 point Community incentive-outside training/certification 0.50 point 0.00 point Community paid continuing education 0.50 point 0.50 point Education of elected officials or governing authorities in building codes and building code enforcement a minimum of 3 hours per official per year. Pts Poss. Scored 0.50 point 0.50 point 2 9/15/2003 120. CERTIFICATION Maximum Points Possible 12.00 points Points Scored 11.44 point(s) The credit for certification is as follows: Certification of code enforcement personnel(applicable to the position requirements) through a comprehensive examination representative of the performance area for which certification is sought. Pts Poss. Scored 8.00 points 7.95 point(s) State or local jurisdiction mandated program for certification. Pts Poss. Scored 1.00 point 0.93 point State or local jurisdiction mandated program of certification maintenance through continuing education at least once every 3 years. Pts Poss. Scored 2.00 points 1.86 point Program of employee certification in the field they are employed(prior to employment or within one year of date of hire or advancement). Pts Poss. Scored 1.00 point 0.70 point 3 9/15/2003 125. BUILDING OFFICIAL'S QUALIFICATION/EXPERIENCE/EDUCATION Maximum Points Possible 4.00 points Points Scored 1.90 point(s) The following is reviewed: Licensed Architect or Engineer Pts Poss. Scored 0.60 point 0.00 point Certification as a building official Pts Poss. Scored 0.60 point 0.00 point High School diploma Pts Poss. Scored 0.10 point 0.10 point College degree Pts Poss. Scored 0.50 point 0.00 point Masters degree Pts Poss. Scored 0.40 point 0.00 point P"1 Construction related experience Pts Poss. Scored none 0.00 point less than 2 years 0.10 point or two to five years 0.20 point or more than five years 0.60 point 0.60 point Code enforcement experience Pts Poss. Scored none 0.00 point less than 2 years 0.10 point or two to five years 0.20 point or more than five years 0.60 point 0.60 point Building official experience Pts Poss. Scored less than 2 years 0.10 point or two to five years 0.20 point or more than five years 0.60 point 0.60 point 4 9/15/2003 130. SELECTION PROCEDURES FOR BUILDING OFFICIAL Maximum Points Possible 0.50 points Points Scored 0.25 points The selection process for a building official is designed to select the most qualified candidate. Pts Poss. Scored Selection through examination. 0.25 point 0.25 point Selection through peer review. 0.25 point 0.00 point 135. DESIGN PROFESSIONALS Maximum Points Possible 4.00 points Points Scored 0.44 point(s) The credit for design professionals is as follows: If supervisory plan review staff are graduate or registered architects or engineers. Pts Poss. Scored 2.00 points 0.00 point(s) If non-supervisory plan review staff are graduate or registered architects or engineers Pts Poss. Scored 1.50 points 0.44 point(s) If supervisory field inspection staff are graduate or registered architects or engineers. Pts Poss. Scored 0.50 point 0.00 point 140. ZONING PROVISIONS Maximum Points Possible 1.00 point Points Scored 1.00 point Where possible,special(through ordinance or code amendment)zoning provisions that address mitigation measures for buildings subject to local natural hazards. 5 9/15/2003 /"whl 145. CONTRACTOR/BUILDER LICENSING AND BONDING Maximum Points Possible 1.00 point Points Scored 0.00 point Contractors/builders licensed and bonded to work in the jurisdiction being graded. The licensure dependence upon examination and experience. Licensing requirement for contractors and builders Pts Poss. Scored 0.10 point 0.00 point Licensing by examination Pts Poss. Scored 0.50 point 0.00 point Licensing by experience Pts Poss. Scored 0.30 point 0.00 point Bonding requirements for contractors Pts Poss. Scored 0.10 point 0.00 point 150. DESIGNER LICENSING VIOLATION REPORTING Maximum Points Possible 0.50 point r►, Points Scored 0.50 point Reporting of licensing violations in contract documents to the appropriate state professional licensing board. 155. PUBLIC AWARENESS PROGRAMS Maximum Points Possible 2.00 points Points Scored 1.00 point(s) The amount of expenditures for public awareness programs equaling a minimum of 0.5%of the annual operating budget for all building department related activities. Pts Poss. Scored 1.00 point 0.00 point The amount of hours spent by code enforcers on public awareness programs,equaling a minimum of 3 hours per code enforcement employee per year. Pts Poss. Scored 1.00 point 1.00 point 6 9/15/2003 160. PARTICIPATION IN CODE DEVELOPMENT ACTIVITIES Maximum Points Possible 0.50 point Points Scored 0.50 point The building department involvement in code development activities and associations with groups or organizations that assemble building enforcement personnel for the purpose of education and advancement of effective building codes. Participation in code change activities Pts Poss. Scored 0.25 point 0.25 point Participates in code association/chapter meetings Pts Poss. Scored 0.25 point 0.25 point 165. ADMINISTRATIVE POLICIES AND PROCEDURES Maximum Points Possible 0.50 point Points Scored 0.50 point The credit for"Policies and Procedures" is as follows: A formal appeal process that a contractor/builder or architect/design professional can utilize as recourse to a building official's interpretation of the adopted building code/zoning regulations. Pts Poss. Scored �+► 0.30 point 0.30 point A policies and procedures guide for employees. Pts Poss. Scored 0.10 point 0.10 point The policies and procedures guide covers technical code requirements(such as approved products listings) that would assist a designer or builder. Pts Poss. Scored 0.05 point 0.05 point Publicizing the policies and procedures guide as available to the public. Pts Poss. Scored 0.05 point 0.05 point 7 9/15/2003 SECTION II PLAN REVIEW 200. GENERAL This section evaluates the plan review function to determine the following: Staffing levels Personnel experience Performance evaluation schedules Review capabilities,and level of review of construction documents for compliance with the adopted building code for the jurisdiction being graded 205. EXISTING STAFFING Maximum Points Possible 9.00 points" Points Scored 9.00 point(s) Staffing levels sufficient to assure comprehensive reviews of construction documents for compliance with the adopted building codes. **Maximum allowable points=points achieved in item 215 x item 205 points possible in item 215 210. EXPERIENCE OF PERSONNEL Maximum Points Possible 1.50 points Points Scored 1.13 point(s) rte, 5 years or greater experience in plan review of plan review staff. 215. DETAIL OF PLAN REVIEW Maximum Points Possible 11.50 points Points Scored 11.50 point(s) The credit for the comprehensiveness of plan review is as follows: Plan reviews conducted on all proposed 1&2 family dwelling construction or dwelling add itions/modifications. Note: When plan reviews are not being conducted, the community classification will be a Class 99 for I and 2 family dwellings and the "Pts Scored"will default to the maximum possible in order to determine the community classification for commercial/industrial property. Pts Poss. Scored 5.00 points 5.00 point(s) Comprehensive review of plans performed even if they were prepared and sealed by a registered design professional certified in the appropriate field of work. Pts Poss. Scored 1.50 points 1.50 point(s) 8 9/15/2003 Structural plan reviews conducted for all proposed building construction or building additions/modifications including a review of engineering calculations. Pts Poss. Scored 2.00 points 2.00 point(s) A means to evaluate,or reference evaluation service reports, for substitute products and/or materials for conformance with the intent of the structural portions of the adopted building codes. Pts Poss. Scored 1.00 point 1.00 point A detailed checklist used with each plan review to assure all pertinent building code issues have been considered. Pts Poss. Scored 1.50 points 1.50 point(s) The checklist becomes a part of the permanent record of the project address. Pts Poss. Scored 0.50 point 0.50 point 220. PERFORMANCE EVALUATIONS FOR QUALITY ASSURANCE Maximum Points Possible 1.00 point Points Scored 0.50 point Credit for quality assurance programs for plan reviewers is as follows: Annual employee performance evaluations. Pts Poss. Scored 0.50 point 0.50 point "Follow-up"plan reviews by a different plan reviewer conducted semiannually. Pts Poss. Scored 0.50 point 0.00 point 9 9/15/2003 SECTION III FIELD INSPECTION 300. GENERAL This section evaluates the field inspection function to determine the following: Staffing levels Personnel experience Performance evaluation schedules Review capabilities and level of review of building construction 305. EXISTING STAFFING Maximum Points Possible 9.00 points Points Scored 9.00 point(s) Staffing levels sufficient to assure comprehensive reviews of building construction for compliance with the adopted building codes. 310. EXPERIENCE OF PERSONNEL Maximum Points Possible 3.00 points Points Scored 2.38 point(s) 5 years or greater experience in field inspection. Pts Poss. Scored 1.50 points 0.88 point(s) 2 years or greater of construction related experience. Pts Poss. Scored 1.50 points 1.50 point(s) 315. CORRECTION NOTICES AND STOP WORK ORDERS Maximum Points Possible 0.50 point Points Scored 0.50 point Building department authority to issue correction notices and stop work orders for non-compliant construction. 320. INSPECTION CHECKLIST Maximum Points Possible 2.00 points Points Scored 0.00 point(s) A detailed checklist completed for each building construction project to assure that all pertinent building code issues have been considered. Pts Poss. Scored 1.50 points 0.00 point(s) The checklist becomes a part of the permanent record of the project address. Pts Poss. Scored 0.50 point 0.00 point 10 9/15/2003 325. SPECIAL INSPECTIONS Maximum Points Possible 1.50 points Points Scored 1.25 point(s) Where necessary to assure structural integrity,the building department requirement for special inspections for specific structural elements conducted by professional inspectors who have been certified for such work. Pts Poss. Scored 0.75 point 0.75 point The certification being obtained by a combination of: Examination Pts Poss. Scored 0.25 point 0.25 point Experience in the field of inspection they will be performing Pts Poss. Scored 0.25 point 0.25 point An interview by the building official to assess qualifications Pts Poss. Scored 0.25 point 0.00 point 330. INSPECTIONS FOR NATURAL HAZARD MITIGATION Maximum Points Possible 1.50 points Points Scored 1.50 point(s) When there are construction mitigation measures defined in the adopted building code for the natural hazard(s)peculiar to the area being graded,special inspections that focus on compliance with the provisions of the code. 335. FINAL INSPECTIONS Maximum Points Possible 2.50 points Points Scored 2.50 point(s) Final inspections performed on all buildings after the construction is completed and the building is ready for occupancy. Final inspections performed for 1 &2 family dwellings. Pts Poss. Scored 1.25 points 1.25 point(s) Final inspections performed for all other buildings. Pts Poss. Scored 1.25 points 1.25 point(s) 340. CERTIFICATE OF OCCUPANCY Maximum Points Possible 2.00 points Points Scored 2.00 point(s) Certificates of occupancy issued by the building department after the construction is completed and prior to the building being occupied. 11 9/15/2003 Certificates of occupancy issued for 1 &2 family dwellings. Pts Poss. Scored 1.20 points 1.20 point(s) Certificates of occupancy issued for all other buildings. Pts Poss. Scored 0.80 point 0.80 point 345. PERFORMANCE EVALUATIONS FOR QUALITY ASSURANCE Maximum Points Possible 1.00 point Points Scored 0.50 point Credit for quality assurance programs for field inspectors is as follows: Annual employee performance evaluations. Pts Poss. Scored 0.50 point 0.50 point "Follow-up"field inspections by a different field inspector conducted semiannually. Pts Poss. Scored 0.50 point 0.00 point 12 9/15/2003 Jurisdiction: Ithaca TS Total points: 78.20 r^ti State: New York Classification: 1 & 2 Family Dwellings - 3 Survey Date: April 25, 2003 All Other Construction - 3 FINAL SCORING Section 1 36.44 Section 2 22.13 Section 3 19.63 Subtotal 78.20 Item 105 10.00 The final score is determined by a relationship between Item 105 and the balance of the scoring. �� Pints achieved in Item 105 [{(Section I + Section II + Section 111) - Item 105)x Points possible in Item 105 + Item 105 [{( 36.44+22.13 + 19.63)- 10.00} x(10.00/ 10.001 + 10.00 =78.20 Classification Point Spreads Classification Point Spreads 1 93.00- 100.00 6 51.00-60 99 2 85.00-92.99 7 39.00-50 99 3 77.00-84.99 8 25.00-38 99 4 69.00-76.99 9 10.00-24.99 5 61.00-68.99 10 0.00- 9.99 13 9/15/2003 w � Agenda '1 14 TOWN OF ITH CAS �We r 215 NORTH TIOt A STREET, ITHACA, N.Y. 148503 TOWN CLERK 273-1721 HIGHWAY273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX(607)273-1704 TO: Cathy Valentino DATE: September 17,2003 FROM: Andrew S. frost,Director of Building and.Zoning. SUBJECT: 220 Tareyton Drive Burnt Out Building I have reviewed the petition from residents of Tareyton Drive received at Town Flail on.September 12,2003. 1 was aware of its. existence prior to its receipt in Town Hall and anticipated its creation. First and foremost,as of September 12,2003 (application received September g,2003)a building permit was issued to commence its demolition and its reconstruction(to be in kind with the destroyed building). The original four-unit multiple dwelling was destroyed by fire in December 2002. The building was originally constructed in 1957,with four dwelling units. It is no �„ncidence that Rocco Lucente submitted the building permit application at the time the petition was received in Town Hall,as I .,rmed Rocco that it was en route to the Town Supervisor. Please be informed that there were no violations with regard to Town or State laws with respect to the rather unpleasing burnt out structure that has degraded the aesthetic value of the neighborhood for many months. The building„each gime I made visits to the site (and there have been several)has been adequately secured against entry(windows and doors boarded up except where some back doors remained intact). While there is no fencing around the property,"yellow caution tape"has been in place; however, I have had to call Mr.Lucente a few times to restring the tape. The'Town Zoning Ordinance provides for Lip to one year to rebuild a fire destroyed building. It is important to realize that for the first few months after the lire IC would not let the displaced former residents inside the building to salvage for personal belongings because of safety concerns with ice accumulation and the structural integrity of the building. Once the building started to thaw and dry out(with less weight,ice and water being imposed on the structure) the building began to be cleaned out. Pio doubt there were odors at that time. During the summer,odors,in my opinion, where limited to wet wood. Finally, I have attempted to be responsive to two persons whose names appear on the petition,Mrs. Sandman and Mrs. Erickson. I have also called them during the summer,several times to give them"updates.” No other persons,to my knowledge.,have called me. I understand their concerns. 0"k. D NS# 0P3 To: ��pp The Town of Ithaca and Rocco Lucente(owner of 2P2 I'areyton Dr.) SEP 12 2003 ATTEST We,the residents of Tare on Dr.,are expressing our dissatisfactionWN CLE9K apartment building at 2Tareyton Dr.that was extensively damaged by fire over 9 months ago. We feel that adequate time has passed and yet very little has been done to either rebuild or ensure that the property is safe. This street is highly populated by children and we feel that this property poses a real hazard to their safety. The property is frequently left unattended when opened,and there is dangerous debris littering the property around the building that could cause injury. There is nothing substantial in place to prevent anyone from wandering on to the property. Residents are also aware of disconcerting odors coming from the building. Despite several phone complaints to the Town of Ithaca,nothing has been done to resolve these issues. Therefore,the undersigned request that immediate action be taken either to demolish the building or rebuild it. Also requested is a sturdy fence that would prevent anyone from entering the property while unsafe. r"1 Signature Address 1,06 J .f-oma Djwo-e c;c.f-,Gtr jig 2ZG 7a,r fon '. a z.a ( ctvey+aI', D�', -Al eye,,, "2,4�/ m-, 44 e. (5;�4k , t7lTz -111�i alb v � CgL 7,(q T"rvv�- 'D r Alf CI moi . OF 17, TOWN OF ITHACA 215 N. Tioga Street, Ithaca, N.Y. 14850 www.townAthaca.ny.us TOWN CLERK 273-1721 HIGHWAY(Roads,Parks,Trails,Water&Sewer)273-1656 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX(607)273-1704 September 19,2003 Mayor Alan Cohen City of Ithaca 108 E. Green Street Ithaca,NY 14850 Re: Sewer Service Agreement Dear Mayor Cohen: In reviewing the Sewer Service Agreement between the Town and the City dated November 4, 1992,which governs the utilization of portions of the City of Ithaca sanitary collection system to provide for transportation of sewage from the Town through the City to the Jointly owned Ithaca Area Wastewater Treatment Plant, it appears the contract was for an initial period of two years commencing January 1, 1992 (see paragraphs 8 and 9 of the agreement)ending December 31, 1993 subject to automatic renewal from year to year unless advance notice of intent to terminate is given(see paragraph 9 of the agreement). Given the fact that the City and Town have been negotiating the joint interceptor sewer agreement,and expect execution of the new agreement this year,the provisions of the 1992 agreement will no longer be applicable. Accordingly,please take this letter as formal notice,pursuant to paragraph 14 of the agreement,that the Town of Ithaca will terminate the above Sewer Service Agreement effective December 31,2004,unless a replacement agreement has been negotiated and is in place terminating the agreement prior to that date. Indeed,to avoid any misunderstanding,the Town hereby terminates that agreement, the termination to be effective December 31,2004. We look forward to working with you to put in place a mutually acceptable and beneficial replacement agreement Sincerely, pt i-c Catherine Valentino Town Supervisor Cc: Mary Russell,Deputy Town Supervisor Town of Ithaca Board Members City of Ithaca Common Council Members William Gray,Superintendent of Public Works Lawrence Fabbroni,Assistant Superintendent of Public Works Norma Schwab,City Attorney John Barney,Attorney for the Town of Ithaca Daniel Walker,Director of Engineering I:ILETTERSILetter to City of Ithaca re sewer service agreement.doc CV:dw __ Page 1 9!1912003-- 9.2 DPW/Water and Sewer — Request to Amend Tertiary Phosphorus Removal Upgrade Project at IAWWTP - Resolution: By Alderperson Vaughan: Seconded by Alderperson Hershey WHEREAS, Common Council approved the Tertiary Phosphorus Removal Upgrade Project at the IAWWTP at its regular meeting on May 7, 2003 in the amount of $4,115,000, and WHEREAS, bids were opened on August 19, 2003 and reflect a new post-bid project budget of$4,448,500, and WHEREAS, the municipal owners collectively wish to move forward with this project, and WHEREAS, to date, $2,775,000 of the projected $4,448,500 project cost has been committed by the New York State DEC from 1996 Bond Act funds; now, therefore, be it RESOLVED, That Common Council hereby recommends an amendment to Capital Project 409J Tertiary Phosphorus Removal Upgrade at the IAWWTP in the amount not to exceed $333,500 for a total project authorization of$4,448,500, and be it further RESOLVED, That Common Council authorizes this project contingent upon action by all the wastewater plant partners committing their new post-bid fair percentage reimbursement shares of the net cost to the Joint Activity Fund in the following amounts: Net after Bond Act Municipality % Project Total Reimbursement City of Ithaca 57.15% $2,542,317.75 $ 956,405.25 Town of Ithaca 40.87% 1,818,101.95 683,959.45. Town of Dryden 1.98% 88,080.30 33,135.30 $4,448.500.00 $1,673,500.00 and be it further RESOLVED, That Common Council hereby recommends financing this project through local BANs and permanent bonding under NYS Environmental Facilities Corporation, or in any such other manner as the City Controller, in partnership with the wastewater plant owners, may recommend within the Joint Activity portion of the City financing, and be it further RESOLVED, That Common Council hereby recommends no changes to the previously authorized engineering services agreement Amendment No. 1 for advertising and construction services related to this project in the amount of a cost not to exceed $235,000, and be it further RESOLVED, That the award of the construction contract is contingent upon approval from New York State on an approved work plan and award approval. Carried Unanimously STATE OF NEW YORK COUNTY OF TOMPKINS SS: CITY OF ITHACA I, Julie Conley Holcomb, City Clerk of the City of Ithaca, do hereby certify that the foregoing resolution is a true and exact copy of a resolution duly adopted by the Common Council of said City of Ithaca at a regular meeting held on the 3`d day of September, 2003, and that the same is a complete copy of the whole of such resolution. IN WITNESS WHEREOF, I have hereunto set my hand and the Corporate Seal of the City of Ithaca, this 17th day of September, 2003. ie Conley Holc mb, CMC City Clerk City of Ithaca, New York TOWN OF ITHACA '1 18 ' , 215 NORTH TIOGA STREET, ITHACA, N.Y. 14850 TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-6035 ENGINEEMNt3 273-1747 PLANNiNG 273-1747 ZONING 273-1783 FAX(607)273-1704 MEMORANDUM TO: Cathy Valentino and the Town Board. FATE: September 24, 2003 FTtC)�M: Andrew S. Frost,Director of"Building and Zoning SUBJECT: Sound Level Meter and Noise Ordinance At your request I have researched the purchase of a sound level meter to be used in conjunction with the enforcement of the Town's:Noise Ordinance.. A memorandum dated August 4,2003 was given to you for the August Town Board meeting,providing information regarding sound and sound level meters. While it is my understanding that there will be fixture discussions prior to any actual purchase, I am enclosing product information with respect to a recommendation to purchase a Davis Inotek Model CEL 254 for$€660.00. This model is a Digital ,o° '')u1se Sound Level Meter and offers the ability to test"A"and"C"frequency weightings with the capability of testing impulse ands over random periods of time. The advantage of this meter is that it can test for a broad spectrum of sound. As our Noise Ordinance provides regulations for not only amplified sound(i.e.music)it also sets limits for construction"noise." The impulse portion of this meter can measure construction equipment,such as pile drivers. Overall,while$190 more than the regular digital model(Model CEL 23 l $670),the CEL 254 gives the most"bang for the buck"(no pun intended). Presuming the meter is used for ten or more years,the extra$190 is worth it. The unit comes with a calibrator,which is essential for any enforcement. Kathleen Friedrich 1201 Trumansburgi Road Ithaca, NY 14850 Home Phone(607)277-1663 Email kafl4850@aol.com SEP 2 5 2003 September 24, 2003 Catherine Valentino ITHACA TOWN CLEq Town of Ithaca 215 N. Tioga Street Ithaca, NY 14850 Re: Restoration of 1201 Trumansburg Rd. Dear Ms. Valentino, Let this letter serve as my written notification to you that extensive damage has indeed been caused to my property by the contractor on this project, i.e., the sarritary sewer improvement, and that this,damage has not been restored as of today, September 2,4, 2003. 1 have been in phone and e-mail contact with Ms. Prybylski of Engineering and Mr. Schoch of the Highway Department from the beginning of this project last year, originally in hopes,of minimizing loss and damage to my property and, later, attempting to get it restored". I have been, unsuccessful on both counts, due in part to misinformation about the location and,extent of the work area and in part to excessive andl often unnecessary damage caused by the contractor. At this late point in the planting season, I feel strongly that plant restoration here is long overdue. The following list outlines some of the loss and damage my premises have sustained as a direct result of this Town of Ithaca project: 1. Topsoil in an approximatily 1750-square-foot area was removed and not replaced. Making: matters worse,, the ground was further compacted by regular use of this area for movement of heavy machinery even when work was being done elsewhere. In effect, I had no use of a good portion of my property for several months during which the ruts crossing it were thigh-deep. The consequent"re-seeding" was totally inadequate, more rock than lawn, Although not required to make restorations, (according to this agreement), I have tried to do so in some respects and found the ground to be impenetrable without use of a pick axe. 2. Approximately 25 feet of an eight to fifteen-foot-high privacy hedge with various plant material, including, but not limited to, mature lilacs and forsythia was destroyed. Some of this was replaced with younger plants at the end of August, but, unaccountably(Lack of topsoil?Poor quality plant material?) about half or these new plantings appear to be quite dead. 3. For three full seasons, fencing was removed, allowing extensive deer damage to other parts of the yard. (Fencepost holes Oil require re-digging. Evidently the ground was too difficult for the contractor to dig to the proper depth.) 4. A maple tree and lilacs that were damaged by the movement of machinery need pruning of broken branches that resulted. 5. Many other plants were lost, including numerous irises, several raspberry bushes, about 50 daylilies, a small Comelian,cherry tree and many daffodil and narcissus bulbs. I've had to see years of my own work laid to waste during this process and I have tried to be patient and cooperative in the restoration effort. But l fail to understand why, at this late date, so little has been done to replace what was so wantonly destroyed. it;e'y, thleen Friedrich cc: R. Schoch, K. Prybylski SANITAR) SENVER KASI;MEMF TOWN OF ITHACA SANITARY SEWER IMPROVEMENT PROPERTY LOCATION: TOMPKINS COUNTY: TOWN OF ITHACA Property Address: 1201 Trurnansburp Rd Town of Ithaca Tax Parcel Number.26-4-35 -7 THIS INDENTURE made asofthe-1 ay of BETWEEM Kathleen A.Friedrich 1201 Truniansburg Rd Ithaca,NY 14850 referred to herein as the GRANTOR,and the TOWN OF ITHACA,a municipal corporation with offices at 215 North Tioga Street, Ithaca,New York,hereinafter called GRANTEE,its successors and assigns, WITNESSETH; WHEREAS, GRANTEE has an casement for the installation and maintenance of'a sanitary sewer transmission,collection and service lateral pipe(s)and appurtenances,and WHEREAS,the parties wish to Modify Such easement to clarify the respective rights and obligations of the parties,and WHEREAS, the GRANTOR is the owner or has an interest in real property in the Town of Ithaca where the sewer collection, transmission,and service lateral pipc(s)and appurtenances or other facilities must cross or encroach upon private property for the above reasons; NOW,THEREFORE, said GRANTOR in consideration of the benefits to,accrue both community wide and to said GRANTOR as a result of stabilization of property values and protection of the general health,benefit and welfare of the community,and otherwise,and in further consideration of the covenants herein contained and other good and sufficient consideration,receipt whereof is hereby acknowledged,does hereby grant and convey to said GRANTEE,its successors and assigns forever: A permanent casertictit to enter upon,construct,operate,maintain,repair- and epairand replace sanitary sewer collection, transmission and service lateral pipe(s) and appurtenances or such other facilities ,is are herein described across or upon the lands of the GRANTOR in the Town of Ithaca in accordance with official plans and specifications filed originally at the office of the Town Clerk of the Town of Ithaca;the width of the casement and the approximate location of the center line are shown on the attached map; if the width of the casement is not shown on the attached map,the width of the casement slial I be 20 feet;unless otherwise shown on said map or unless otherwise stated herein,(lie center line of the pipe(s)as actually laid shall be the center line of the easement. The execution Of this inSti-Muent by a party holding the following lien(s)oil the above premises shall conslitutea release From any such I ien(s)of the casement granted hereby: All equipment,materials,and other property belonging to the GRANTEE,its agents or contractors,storcd on or located on the casement area,and the sewer pipe(s)and appurtenances(or any other facilities)constructed on said premises shall remain the property of and shall be under the control and supervision of the GRANTEE,but the GRANTOR(1)reserves the underlying fee title to said property covered by said casement, subject to (lie rights and privileges herein LM,1FltCd to (lie GRANTEE, and (2) GRANTOR reserves the right to use and enjoy said premises provided that such use shall not interfere with the rights granted to the GRANTEE hereunder c.-. this COIISITUC60n,inairitenatice,operation or repair of, or cause inJury or damage to,the sanitary sewer pipe(s)or other facifilics or appurtenances, Whenever arty work is done on the GRANTOR'S premises, it is agreed that, without expense to the owner, all debris will be removed, the premises will be restored to substantially the same condition it was in before tiny such work was done insofar as,such restoration is reasonably possible, GRANTEE shall not be required to restore or replace any improvernents, other than pavement or other driveway surfaces, that may have been placed on the casement area by GRANTOR, GiRANTOR,s heirs, Successors, or assigns. If-my damage: is caused to the GRANTORS property, or if such property has not been properly restored by the GRANTEE, the GRANTOR shall give prompt and due notice in-Witing to the GRANTEE at the Town of Ithaca Offices at 215 North TioLa,$trcef,Ithaca,New York,ininicclialely fol lowing an such damage or failure:to'restore the property Such notice must be in writing and must be given promptly in order to enable,the Town of Ithaca to notify the Town Engineer and the Contractor,if any who performed the work oil the Pro'iect. Any action against the Town must be commenced within two years from the happening of the event upon which GRANTOR'S, claim is base(]or within such shorter statutory period as may be applicable. This casement is intended to modify the existing casement pertaining to the sewer line shown on the attached map. Upon recording of this Miscruclit, it shall he deemed to supercede such prior Casement and henceforth the parties shall be governed exclusively by the terms of this easement agreement, EASEMENT—Town of Ithaca Sanitary Sewer Improvement This instrument shall bind the parties hercto,their distributes,personal representatives, heirs,successors and assigns. IN WITNESS WHEREOF, this hastrurnents has b° m duly executed by tlae GRANTOR(S)anaLor the holders of this lien. CtVVI JFRtsl NAM 1 ._ O O�,°F;FtWI—NIS (;VAI"tl L -4km: L.S. L.S. L.S. Stara;of New York,County of SS; t ., Oil the day of as the year a„ �_ _,� bcfore me,tic undersigned,personally appeared personally known to nre or proved to me ora the basis of satisfactory evidence to be the individuals)whose names(s)is(are)subscribed to the within instrument and acknowledged to nae that he/she/they executed the lanae in Iris/her/ilicir capacity(ies),and that by'hislher/their signature(s) Orr fire insn'ument,tlae individual(s),or tine person Upon behalf of which the individual(s)acted,executed the instrument. l OfARY PUBLIC �— TOWN OF ITHACA BY Catherine Valentino NAME SIGNATURE State of New York„County of SS; C)rr flue _ day of_ m_.._. in the.year _ _ before mc,Clic: undersigned,personally tappearcd personally known to me or proved to nae ora the basis of satisfactory evidence to be the individual(s)whose names(s)is(are)subscribed to tlae within instrui,nent and acknowledged to me that he/s'hc/tlicy executed the same in his/her/their c.apacity(ies),sand that by hisfher/their signature(s) on the instrument,the individual(s),or the person upon behalf of which the individual(s)acted,executed the instrument. NOTARY PUBLIC DEPARTMENT OPPLANNING -121 Fast,"Court,Street Ithaca, N `;Yarl 140 Edward C.Marx,AIC�P 85 Commissioner of Planning 60 2 R a H 2 ,) J(1313 September 26, '003 AT-TEST _..__ __.. 1 C Town of Ithaca Town Board Town of Ithaca 215 N.Tioga Street Ithaca,N''i'" 14850 Re: Request for Comments on the Draft Generic Environmental Impact Statement for the:Devised Town of Ithaca Zoning Ordinance Dear Town Board Members: Thank you for the opportunity to review the Draft EIS for the revised Town of Ithaca Zoning Ordinance and Map. We offer the following comments that were previously forwarded to the Town of Ithaca Planning Department in our preliminary 239 reviews: We are pleased to see the inclusion of conservation zones that provide protection for Unique Natural Areas and establish interconnecting greenways and ecological corridors.These improvements are fully supported by the County's Interim Vital.Communities Development Principles. The Town has made some minor provisions to allow for more affordable housing in the zoning ordinance. However, it would be preferable to designate appropriate additional land areas for higher density residential development. The Town's location adjacent to the City of Ithaca makes it the ideal location to provide affordable housing that is convenient to employment areas„which is of increasing concern throughout the County.The absence of higher density development opportunities pushes affordable housing options further from the County's centralized urban areas and employment centers.Although the Town is to be commended for considering and approving affordable housing projects on a case by ease basis in the past, providing appropriately zoned areas would ultimately reduce development costs and allow the town to direct such development to the most suitable locations. We encourage the Town to identify areas for higher density and mixed use development on the revised zoning map to address these growing needs. Thank you for the opportunity to comment on this project. Sincerely, Edward C. Marx,AICD Commissioner of Planning TLOwn Supervisor Ithaca, NY 14850 Catherine Valentino 215 N. 'Tina Street 607-273-1721 Mr. Craig Schutt Tompkins County Soil And Water Conservation District 903 Hanshaw Road Ithaca, New York 14850 Dear Craig, The Town of Ithaca very much supports collaborating with other Tompkins County municipalities in implementing the Phase U Storinwater Regulations. The efforts by you and the Tompkins County Stormwater Group to seek grant funding for those Stormwater Management Plan elements dealing with education and outreach and the mapping of stormwater outfalls, are an important step in this effort. At the Town Board's upcoming special meeting, on October 23'd, we anticipate passing a resolution in support of this grant application. We extend our appreciation to you and the Tompkins County Storrnwater Group for taking the initiative to apply for this funding and for fostering intermunicipal cooperation in the effort to protect the quality of our water resources. Sincerely, Catherine Valentino Supervisor, Town of Ithaca lk<�307-C m. � e Y wed oct 1, 2008 ' Town Board of Ithaca: Dear Board of Representatives, My name is Stephen Cummins, and I am the owner of Indian Creek Orchards at 1408 Trumansburg rd.. My property is adjacent to one of the parcels under discussion at this time. I would like to express, in as somewhat abbreviated form, my opinion regarding zoning. Several months ago it came to my attention that among many parcels, my property which is not currently completely zoned Ag., and the Babcock property immediately north of me, which is currently zoned senior living, were to be rezoned Ag. I, was very excited about this proposal. Finally, I thought to myself, we truly have a board of representatives that is willing to defend green space, agriculture, and to resist urban sprawl. I purchased my farm, the oldest ap le orchard in Tompkins county, in 1 998. Fortunately, at that time development on Fest Hill was anemic. The man from whom I purchased the farm would have been delighted to sell it to a developer at development paces, if he were able. However, he needed to sell, and 1 was at the right place at the right time. If I had not bought Indian Creek when I did, I truly believe that this beautiful farm would now just be one more housing development (perhaps if I had not bought it, you would be discussing this MHA development now at 14018 T-burg road.) I moved to this area and chose this farm for several reasons: I believe that Ithaca is a beautiful city, and struggles to remain so in a complicated, expansionist world. I chose this particular farm because of its proximity to Ithaca and a major highway, and because of its outstanding orchard soil and micro-climate - although the elevation stands at approximately 1100 ft, warm air rises from both the lake and Ithaca itself. This combination of soil, climate, and road frontage make Indian Creek and the Babcock parcel extraordinarily valuable to agriculture. Some people might say that there is plenty of Ag. land. This is simply not true of this type of Ag. land. peaches, Apricots, Cherries, 'Winifera grapes, Raspberries . . . these fruits REQUIRE this well drained soil type and micro-climate, which is already scarce, and even scarcer in close proximity to a major tourist highway. I know of several people interested in purchasing the Babcock property to farm. Two people were interested in putting in a winery, and my brother and his partner would be overjoyed to purchase it and plant fruit trees. I have approached Mr. Babcock in the past, and was told that his asking price of 1.2 million was firm. And why shouldn't it be if all he has to do is wait until zoning is changed in his favor, and the development climate is prime. The Trumansburg corridor is quickly becoming the green side of town. 'While Lansing continues to sprawl, big boxes are built on the south side of town, the west side is quietly building farms and green space. At this time there are 8 roadside stands between Ithaca and T-burg. Four of these have just opened. We are currently working on establishing a hard cider trail similar to the wine trail. In other words, this side of town is becoming a viable agricultural destination. With the support and assistance of the planning board, these farms and others can grow. However, they can only grow if there is farm land. As you know, I am a farmer. I am a full time farmer and do not have the time or resources that Tom Edwards and MHA have to devote to,this issue. I have spoken to many of my local customers and to a person they are all willing to sign a petition both against this development proposal, and in favor of the Ag, rezoning proposal. This is my busy season, and I simply have not had the time to organize friends, neighbors, cooperative extension, politicians, power point presentations, and all else that would work to defend Ag. zoning. I wish I could be paid to do this. I do not pretend to be an authority OWN on housing, but I do have questions and concerns: It has come to, my attention that Term Edwards is paid a percentage for each new house that he builds . . . Interesting. Mr. Edwards has explained to me that it is more expensive to renovate an o'Id house than it is to build a new one. This is a highly arguable point. It may not be as easy or as clean, but I doubt that it is more expensive in either the long or the short term. What happened to the 100: units that I~w+HA,was supposed to renovate downtown? Mr. Edwards keeps stressing that he is building a community out here on the outskirts of town. We already have a town, it is called Ithaca. I do not like the manner in which the term "low income housing"is repeatedly used as if to, rouse politically correct sympathies. This development is mixed income housing. We already have mixed income housing. It is called Ithaca. Traffic on this already congested hihwway is a major concern. If indeed, new housingg is required or a growing city, let a first explore other areas„ and, if they are more desirable, fill them before destroying land that were better used for farming. The piece that I am thinking about on this side of town is already under consideration by a different development firm. It is across from the Hospital. As I. understand, only a part of this land is currently under consideration. This entire section should be filled before any possible agricultural land. It is, unfortunately, already wrecked for Ag. However, it is much better suited for housing than the Babcock parcel, having already access to sewer and T-cat among other amenities.. I do have more concerns, but I'm afraid that I have run out of time tonight. In closing. "'Not in my backyard" is a sentiment that some may accuse me of. This is not true. If anything, a development next door would be rent for my business. This matter is a point of principle with me, hey concern is both that of an Ithacan and that of a farmer. As, an Ithacan, I am concerned that we are pushing the limits of sprawl. Green space, once lost, is never regained. My farm, which is open to the public 6 months of the year, is essentially a town park that pays taxes. The land next door could be the same if it were sold at Arg. land price, or if it were left as is for Ithaca's future. If it is zoned Arg., Mr. Babcock will then be forced either to sell at a reasonableprice, or to retain the land and 'continue to pay land tax. Either way, the town and people of Ithaca win. As a friend has said to me, "Indian Creek is Ithaca's back yard" Pretty soon there will just be "house' and store" . I hope the board sees the value not only of using land for the present, but also of preserving it for our future. Thank you, l Stephen Cummins owner, Indian Creek Farm The attachments are soil maps of the Babcock parcel. As you can see, the soils are virtually the same as my farm; very well drained Howwards Foam and similar soil types.. 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";,, � � ury� r����aaa� � ar��r� ,''r� f �� v u✓u. � „�„� � it m er, �ti�� s, . '"N John E. Rancich P.O. Box 547 Ithaca, New York 14851 October 1,2003 Town Board Town of Ithaca 215 North Tioga Street Ithaca,New York 14850 Re: Mecklenburg Road Property—formerly Marshall Farm (93 acres +/-) Dear Supervisor and Town Board Members: Please let this letter serve as the written indication to you memorializing what I indicated to a meeting of Town of Ithaca representatives on Tuesday, September 30, 2003 concerning the use that I would like to make of the 93 acres, more or less, which I purchased from the Eddys. This site is unique in all of Tompkins County,both from the standpoint of its accessibility to downtown Ithaca and its visual amenities. I would like the following uses for the property. The eastern most 30 acres, more or less, to be used for multiple residences in a price range far in excess of that of the Lindermann Creek Complex. The next west 58 acres, more or less,would be utilized for single family homes that would comply with the R30 provisions of your zoning ordinance. The southern most part of the land along New York State Route 79 would be utilized for light commercial, for example for a convenience store, a potential gas station or service area,and maybe a restaurant. I am a developer who has had 30 years of experience in developing lands all over the United States, and am fully aware of the engineering,architectural and governmental regulations that I need to comply with. During the 30 year period, the undersigned has always been a resident and taxpayer in Tompkins County. Your consideration of these proposals would be greatly appreciated, and as time goes by I will make the appropriate application with the appropriate documents for proceeding with the project on a phased basis. I have hired competent attorneys to represent me in this matter, and if any of the members of the Board or the Planning Board or the Building Department wishes to contact me concerning the contents of this letter,please feel free to do so. My telephone number is 607-277-0332 or you can contact my attorney, Richard B. Thaler at Thaler &Thaler. Your attention in this matter will be greatly appreciated. fe t4l"VW Ithaca Awn Board Meeting October 2, 2003 Puh4c Hearhalrift Generic Environmental 1mract Statement (GEIS) fox, the r1opose f thaca Zonina Revisions. From: Rosalind and Salvatore Grippi 9 Orchard Hill Rd. Re: Hayts Chapel and Schoolhouse M,y husband and I are concerned that the Chapel and Schoolhouse (24.0-2) on Trumansburg Rd ( corner Hayts Rd. ) have been overlooked in the revamping of plans for zoning, In fact we were surprised tl-iat some meribers of Town committees were unaware of the existence of the buildings car their historic significance. ''Ci.uItural Resources" section of GETS doesn't even include the chapel and schoolhouse; or tackle the problem of how historic buildings and cultural resources fit into rezoning of their particular areas. Of course, it may be that the chapel and schoolhouse are the only"cultural resource" with that problem, The schoolhouse had been last used Cora school in 1.964. When we acquired the buildings in 1971 we were told that it might be best to demolish the schoolhouse, 3oth buildings had been vandalized; the property was put up for sale in the hope that it would ''fare better in the hands of a private owner. 0 We realized the primitive charm and significance of the buildings and worked to save both and found suitable uses for them. The chapel is a studio; the schoolhouse made to serve as a residence. We preserved the character of the interior of both buildings-- including blackboard, wainscotting, tin ceiling and cupboard in schoolhouse Ae made the divisions of the residence removable (dividing walls do not reach the tin ceiling) ,openalle again in some future time to one room . It presently retains the feel of a schoolhouse room, But now the use of the school as residence is severely diminished by increased traffic due to building activity on West Hill. The Office Park across the waY, is a death blov to the use of the building as residence. We will be speaking to the PLanning Board to pursue the possibility of—designation for commercial use, probably "Neighborhood Commercial Zone". There are two entrances to the Property :Hayts Rd. and Trumansburg Rd. We wouldn't want the schoolhouse harmed or torn down because it is no longer viable as residence. The open interiors of both buildings will lend themselves to interesting offices- unique business spaces -- functioning as described in rezoning for commercial , office and business spaces in cEis, yet enhanced by their historic character, d 4 I 1 N 7- We planted bushes (privet, now quite tall) to provide privacy and buffer the residential building. This tall screening will be cut down if the property is rezoned to commercial-office use. It is unusual to find two such buildings in scale to each other ; and with no modern structure imposing itself in view. Cleared of privet they would make a very pretty, historically prominent site , clearly visible along Trumansburg Road. A new designation in zoning will assure future viability of these buildings (which persons concerned with Ithaca's history consider unique and significant). The Town knows that we have been concerned about the preservation , appearance and viability of these buildings for several decades. The previous Planning Board established an historic marker on the property for the _ Abolition Church .(There was not enough room on the marker to include the schoolhouse which was also significant in Ithaca's abolition movement. ) It is now imperative that the Town now take on responsibility for zoning that assures the viability of these buildings in their location across from the newly designated and expansive Office Park complex. We submit copies of articles and pages from books highlighting the historic importance of these buildings as centers of the abolitionist movement in Tompkins County. This includes: Two articles by Carol Kammen Citing from her article of 2/3/96 "The Abolition Church building still stands at the intersection of Hayt's Corner's and the Trumansburg Road. If any site in the county deserves a historic marker , perhaps one should sit before this brave little church:' Sue Rochman, Finger Lakes Fall Guide '96 on the underground Railroad, illustrated with the Abolition Church Two books of the DeWitt Historic Society, inost recent 1998 , where two pages are devoted to the role played by Charles Haytileadership in the abolitionist movement that led him to build, the chapel (prior to which antislavery meetings were held in the schoolhouse) Carol Kammen, Ithaca Journal 6/22/02 speaks of the significance of the Hayts Church for heritage trails, N.Y. Vote: these and other articlesn� illustrations of the buildings. . CITY OF IT'I ACA 108 last Green Street Ithaca, NeN%r York 14850-56nqt � l ` 6b of LICE'OF'1 HE MAY(:?li ALAN J.C0HEN 9' ....«...•°" "fcicphone; 607/274-6501 Fax: 607/274-6526 � � �� 200 ATTESI Ms. Catherine Valentino, Supervisor Town of Ithaca 215 North Tioga Street Ithaca, N.Y. 14550 Dear Supervisor Valentino, Thank you for your letter of 9/19/03 regarding the Sewer Service Agreement between the Town and the City. I understand from your letter that regardless of the outcome of our current discussions, you are terminating the current agreement. As you pointed out, the new joint interceptor sewer agreement we are negotiating would make the current agreement no longer applicable, the new agreement we are finalizing states that fact. I too look forward to working with you, Mary and your staff to put in place a mutually acceptable and beneficial agreement. Particularly in light of your termination of the existing 'Sewer Service Agreement, failure to reach an agreement on the new joint interceptor, sewer agreement would not be in the best of interests of either the Town or the City. Respectfully, cc: Common Council Town Board Members "An Fqual Opportunity Employer with an Affirmative Action Program' �� Original to Town Board Fo�lder XC: Valentino/Kanter HUTUAL HOUSING ASSOCIATION of TOMPKINS COC UNTY October 8, 2003 OCT 10 2003 Cathy Valentino Ithaca Town Supervisor ITHACA T0WNbi-E'*'---' Town of Ithaca 215 N. Tioga Street Ithaca, New York 14850 Dear Supervisor Valentino, This letter is to inform You that Mutual Housing Association of Tompkins County (MHATC) respectfully withdraws its application to theTown of Ithaca for a rezoning ofthe Indian Creek parcel. After much discussion with you, Town Board Officials, Town Staff and the MFIATC Board of Directors we believe that our mutual goals of providing affordable housing can be accomplished on another more suitable site. ffioft�' ,ro this end we have begun negotiations with the land owner of a property that is more appropriate for multi-residential development. As this project is Further developed we will work with you, Town staff and the Board to ensure that the development meets the needs of the community. Let me thank you for the time and effort you and the Town have devoted to our proposal and again emphasize our respect for the commitment that you have shown. Please do not hesitate to call with any questions or comments. Sincerely, Tom Edwards Executive Director Cl Do velopment offlee 13 Management 0fikv 614 West State Street 512 Alyce Mitter Way Ithaca.NY 14850 Ithaca,NY 14850 607 697.0092/(fox)607 69,7 0093 607 256 7212 emaR:odminOmhotc.com (fox)607 216 0709 l 1 l Karen Scott O 14,2003 �p03 1416 Trumansburg Rd. Ithaca,NY 14850 Town of Ithaca Board t/oWN��EqK A�ES�fHPGA Dear Board Members, I would like to submit a comment on the GEIS,to urge you to keep the Agricultural zoning on the Indian Creek parcel. Your discussion in the plan shows that you already understand the importance of keeping this whole section as relatively open space,to avoid adding more commuter traffic to Rt. 96 and to create a wildlife corridor down Indian Creek itself, a corridor which could extend from UNA 93 to the lake. If the MHATC gets their foot in the door on this property, you will be obliged to rewrite your discussion of the traffic impact on 96 and this development will put a big crimp in the Indian Creek wildlife corridor. You will also be opening a can of worms, because it is clearly Babcock's and Mr. Edward's intention to develop the whole property as high density residential once the sewer is extended. Babcock has been refusing to subdivide for too long to give up now,unless he thought he had found a developer who will get him what he has wanted for the whole parcel,which is the most money possible. The MHATC offers the best opportunity he has seen since the Elder Care Community to get around the zoning, and they are budgeting for nearly his exorbitant asking price, so his "cooperation", which Mr. Edwards gushed over, is hardly surprising. The parcel on which the MICA proposes to build 50 residences is some of the best farm land on this side of the lake.The very spot they plan on building their first round of residences is the some of the best soil on the parcel. The soil is not the only thing that makes this land perfect for a farmer. I don't need to tell you how hard life is for farmers these days;they need every advantage they can get, and Steven's presence on this parcel is a resource in itself. He lends out equipment,he operates a retail outlet and he represents a whole clan of successful farmers;his brother, James, ran Little Tree Orchards until his cycling accident. Talk about building a community,the Indian Creek Farm is a community in itself! The best thing you could do is to encourage Steven to get one of his network of farming friends to establish another farm up here. The land could even be certified organic right off the bat, because it has been un-farmed for so long. Steven has approached Mr. Babcock on behalf of 3 farmers in the last 7 years, and the previous owner of Indian Creek was also interested in adding the parcel to the orchard. However, Mr. Babcock, like Mr. Edwards, is a real estate man, and he sees this land as inevitably going to residences, so he has priced it out of the farmer's market. Rt. 96 is turning into a little agricultural business strip. It make much more sense for the Town of Ithaca to continue to turn this stretch of 96 into a tourist trap,rather than turn it into a commuter route. Adding 50 households to start will just shorten the amount of time you have before you need to deal with widening 96, and threaten the viability of the businesses going in now. I have heard many people, including a taxi driver and a bus /ORIN driver, say they are afraid of this road already;how does TCAD imagine this situation is good for the businesses they are encouraging here or in town?If Ithaca is going to compete in the regional retail market,traffic will make the difference;the daily evening pile up on the North end of Fulton St. usually melts at the Octopus,but it is enough to discourage anyone who might consider shopping in Ithaca rather than Lansing. Judging from my own experiences trying to pull out of my driveway in the morning, an Indian Creek development will require a traffic light right off the bat. Getting back up here during a snow storm can be an ordeal, too. It isn't just a straight drive up, it is a twisty turny drive with several spots where you will get stuck if you can't keep your momentum going or control your sidewise slide. Looking at your revised zoning plan, you are as aware as I am that you need to funnel commuter traffic onto 89,not 96; Trumansburg,Ulysses and the Aris development are going to do more than enough to increase the traffic load on this narrow artery. Do not let the lipstick of"low income housing"tweak your consciences into buying this pig in a poke,because the whole moral underpinning of this development is dubious. When the developments were going in downtown, we were told that they were needed to provide jobs for the residents of North and South side. GIAC did surveys during the `80's and `90's, and the number one concern of the kids was parental employment. The mayor insisted that all the development must be in town, so that the jobs would be within walking distance of the workers,there was talk about building worker housing in the West End by the Inlet,Northside came out with a plan full of language about developing a multi-income neighborhood with upgraded, rent subsidized housing within walking distance of jobs and stores,housing to be administered by the MHATC. In 2001 the MHATC announced the Scattered Site Housing Initiative, which Tom said would allow them to buy and renovate 100 rental units within the city limits in 5 years at a cost of 3-5 million dollars.Now,he is saying that developing in the city is not"cost effective", and he wants to join the building boom that is coming to the periphery, building fewer than half as many low income units at twice the projected cost of the Scattered Site Housing Initiative,but shoe horning a bunch of high profit apartments into the development in order to improve the MHA's bottom line. Now,what does the argument that it is not"cost effective"to fix up low income rentals amount to?Sprawl happens because it is more profitable than rebuilding the urban core as anything but a gentrification project. That is why you endow not-for-profits and subsidize them with tax money to undertake urban renewal, because it is a social good that will not be provided by the market. Instead,the MHA took the half million dollar grant they received for the Scattered Site Housing Initiative and hired a development consultant,who must have told them what anyone could have told them already,that restoring old houses is expensive. They restored two houses, but then they sold them, making them just another of the many local and federal organizations already helping low income people move into home ownership. The market is already bringing low income housing to the Town of Ithaca;the Aris development,the duplexes out in Ulysses,the low income rentals and single and double wides already on this block prove that;we don't need not-for-profits climbing on the building band wagon. People already move out of town so they can live cheaply in the r00*1 country;endowing a not-for-profit to help people"attain home ownership" in the boonies remember the rolling lay offs through the '70's, and the emigration of Westinghouse, Lockheed and the like in the `80's. Small start ups are even more unreliable,but that is what we are hoping to lure into the new office parks springing up all over the landscape. Ithaca seems hell bent on getting off of its cushy ride as a college town and joining the many communities who have undertaken the"build it,and they will come"philosophy of economic development, and the involvement of TOAD in this rush makes me feel very dubious about their involvement in anything. Unfortunately, there are always more people building, in the hopes that their development will be the one the businesses come to,or that they will be able to make their money doing the building and selling out, regardless of whether the businesses come or not. Some businesses come, lured by tax incentives, or the latest boom cycle, but never in the numbers necessary to fill all the buildings, and then they go, dying in the next bust cycle or lured away by another community that has become the next place to go.Then, the community governments must undertake a race to the bottom to support the superfluous development, and the pay offs are never as good as the projections, rather like the MHATC's projections for the Scattered Site Housing Initiative. It would be so much more appropriate for these companies to be settling in Buffalo, or Syracuse or some other neighboring city with too many empty buildings and unemployed people, but instead they are coming here. To watch little Ithaca rush onto this roller coaster is like watching someone shoot themselves in the foot. Let's not start this century with a repeat of the mistakes that ruined so many other cities during the end of the last century. Thank You Karen Scott t HARRIS BEACHCL 'S ATTORNEYS AT LAw October 14, 2003 D 119 EAST SENECA STREET ITHACA.NEw YORK 14850 (607)273-6444 OCT 14 2003 00 (607)273-6802 ATTEST Hon. Catherine Valeftino 1TWATOWN—C-L-E-9-KVIa7lnd Delivery Town Supervisor Town Board Town of Ithaca 215 North Tioga Street Ithaca,New York 14850 Re: Zoning Revisions(Draft Generic Environmental Impact Statement) Dear Ms. Valentino: This office is privileged to represent Bruce and Dorothy Babcock who own 70.9+/- acres of unimproved land within the Town of Ithaca(Tax Map#: 24-1-23) (the "Babcock Parcel")! Currently, the Babcock Parcel is designated a Special Land Use District ("SLUD")#6 in accordance with Ithaca Local Law#2-1989. This designation was made in �,.., connection with a proposal to develop the Babcock Parcel into a retirement community comprised of a mixture of one and two family dwellings together with other facilities and accessory uses. After prolonged efforts to develop the parcel for this approved use, the project was abandoned by the contract vendee in 1990. Under the zoning revisions proposed by the Town, SLUD#6 would be dissolved and the Babcock Parcel would be re-zoned "agricultural". Please accept and consider this letter as the Babcocks objection to this proposed classification of their property. BACKGROUND AND POSITION STATEMENT The Babcock Parcel is situated in an area of the Town which can be characterized as mixed use. There are unimproved lands, single family residences, an office complex, and a medical center all located in the immediate vicinity of the Babcock Parcel. The parcel has not been actively farmed for decades. There are no farm structures located on the parcel nor is there any vaguely realistic prospect that anyone would purchase this land for farming purposes. Since the abandoned retirement community project, the Babcocks have endeavored to market their property via the internet. Most recently, the Mutual Housing Authority of Ithaca expressed interest in purchasing the Babcock Parcel to develop housing for In addition to this parcel,the Babcocks also own two(2)other roughly contiguous parcels within the Town(Tax Map#:24.-1-19.12 and 24.-1-32)containing approximately 90.38 acres+/-in the aggregate. The analysis which follows applies as well to these other parcels, October 14, 2003 HARRIS BEACH a Page 2 ATTORNEYS AT LAW low income families. No one, however, has approached the Babcocks about buying their property for agricultural use. We have reviewed the proposed revisions to the Zoning Ordinance and note that the Babcock Parcel would comprise only 1.6%of the Town's proposed agricultural zone. We note,too,that the proposed inclusion of the Babcock Parcel within this zone is apparently designed to "help protect . . .existing active farms and preserve the potential for agriculture [as] a viable use in the future." See Zoning Revisions, "Draft" GEIS,Volume I, pages 27 and 33). Given the expressed reason for the revision,we respectfully submit that the Babcock Parcel simply does not fit within this category. Certainly, it is not an existing farm and, frankly, it is unreasonable to presume that anyone will wish to purchase it with the notion of conducting farming operations thereon. In addition, we note for your consideration that a creek runs through the Babcock parcel; a fact which does not appear to be taken into account in the proposal to place the property within the agricultural zone. Agricultural use in proximity to this creek carries very serious environmental implications. These should be carefully reviewed and analyzed prior to passing on whether or not this zoning change is environmentally significant. PROPOSAL We suggest for your consideration,that the Babcock Parcel more reasonably should be placed in a Low-Density Residential("LDR") Zone. This,then,would allow the Babcocks more flexibility in the marketing and use of their parcel but at the same time permit the possibility of continued agriculture use of the surrounding area without limiting the area solely to agricultural use. See Draft Zoning Ordinance Text,Article VIII,page 42). The environmental consequences of this insignificant change are, of course, virtually non-existent given the existing character of the area surrounding the Babcock Parcel. Indeed, a use permitted under the LDR classification is arguably more ecologically and environmentally friendly than if the property was used for exclusively agricultural purposes; particularly considering that an active creek is located on the property. We further believe that the proposed LDR classification makes sense because municipal water already is available to the site and municipal sewer is only about 1,000 feet removed from the property which makes hook up to the sewer system both relatively easy and inexpensive for a property owner who wishes to develop one of the uses acceptable within a LDR zone. a October 14, 2003 HARRIS BEACH Page 3 ATTORNEYS AT LAW !A\ CONCLUSION We respectfully request, therefore, that the Board revise the proposed zoning ordinance in order to remove the Babcock Parcel from the agriculture zone and, instead, place it within the LDR where it more properly belongs. We believe that this makes environmental sense and also is certainly consistent with other uses located proximate to the Babcock Parcel. Thank you for your consideration. Very truly yours, Gc< Edward C. Hooks /ms cc: John Barney, Esq. r� Mr. Bruce Babcock K AEMBABCOCKWalentino.doc 10/14/2003 11:22:35 AM T; Office of the University Planner Telephone:607 254-8221 Planning,Design and C",onstnaction Tax:607 255-1968 Hu,rnphreys Service Building p-rn"ail:unrna29@cornell.eclu Ithaca,NY 14853-3701 �� �_ ---W 1N~A.w»ipdc.cornell.edra Division of Facilities Services A. To: The Town of Ithaca Town Board From: Mina Amundsen, Shirley Egan,John Gutenberger,Stepha le. i tgne Re: Draft Generic Environmental Impact Statement GEIS - Zoning,Revisions Town of Ithaca New York Date: October 14,2003 We appreciate the opportunity to review and respond to the Draft Generic Impact Statement (DGEIS),accepted by the'rown Board oil September 8,2003 regarding the proposed zoning revisions for the Town of Ithaca, After reviewing the impacts of the proposed changes listed in the document,we would like to highlight our concerns regarding the proposed conservation district in Sapsucker Woods, the Lakefront Commercial District and the proposed new MR zone off PineTree Road. We are submitting our comments and questions below to be addressed and answered in the h'EIS. may„ Proposed. Sapsucker Woods Conservation Zone Historically the acquisition and preservation of open space and natural areas in the Town of Ithaca has been due in large part to the institutions of higher education located in the Town. Because these institutions need lands for such educational purposes as ecological research, open space, or low-impact recreation, the institutions have been able to attract:donations of such lands, particularly natural areas, from private owners or snake purchases themselves, and use and manage the land effectively for long term conservation,protection,and education. "To help to preserve significant natural areas in the Town"is identified as a potential impact of the. new Conservation Zone (page 27). However, educational use by institutions of higher education is not listed as a permitted use in a Conservation Zone, and is not even listed as a permitted use with a special permit. By prohibiting higher educational uses entirely from the Conservation Zone, the proposed ordinance (the subject of the PIIS evaluation) will create a distinct disincentive to the institutions of higher learning that have historically been the ones to accept donations or have the resources to purchase and provide long-terra preservation For the sort of lands that are zoned for Conservation. If an institution cannot use land for its educational purposes, then it is not eligible for exemption from real property taxes, and the propose=d zoning ordinance thereby creates a second disincentive to acquisition of a natural area, by an institution of higher learning. The DEIS does not address or evaluate the effect of creating such a disincentive to ownership by a major category of potential owner, or the effect that such a disincentive might have oil the. proliferation of the major perp fitted use. The major permitted use is proposed as one or two-fa.rnily dwellings. They are permitted on seven-acre lots under the list of permitted principal uses in the Conservation Zone. Additionally, other institutions such as churches and secondary schools are permitted with a special permit:.. No assessment is included in the DEIS on the effects of permitting housing to sprawl at the rate of a one- or two-family unit every seven acres in a Conservation Zone,or the effects of locating a new high school in a Conservation Zone, to the (new) exclusion of the uses by institutions of higher learning that have heretofore created a mix of developed residential and undeveloped educational uses in such areas. The possibility of clustering housing more densely while preserving larger tracts of Conservation-zoned land in order to preserve the"critical mass" that is thought to be essential to plant and animal communities is also not evaluated in connection with the Conservation Zone. Finally,the new Conservation Zone is proposed as the zoning for the Cornell Laboratory of Ornithology.Clearly, this land has long been managed to protect and preserve a natural area as an educational resource,bird preserve and outdoor laboratory and couple that usage with built facilities that are essential to the educational mission and Cornell's use of the land in that manner. The Laboratory has just made a significant investment in newly built educational and research facilities--an investment that would not have been permitted had it been located in the proposed Conservation Zone. Either this area should remain Low Density Residential(R-30) so as to permit Cornell's educational uses,or the uses of institutions of higher learning should be permitted in Conservation Zones. The DEIS does not evaluate the effect of foreclosing to an owner the very use it has historically made of the land,and the very use for which it is chartered. Lakefront Commercial District The 100ft setback from the lake all but eliminates development on the only parcel in the zone. The DGEIS does not evaluate the development area that would remain or the impact of virtually eliminating lakefront commercial development while at the same time creating a zone purportedly specifically for it. Proposed MR Housing Zone off Pine Tree Road Page 76- 'A new M.B.Multiple Residence Zone u proposed on appraximatey11 acres of a parcel ofPine Tire Road north of East Hill Plata,which would have the theoretical potential to accommodate over 100 new apartment units." The parcel mentioned is roughly bisected by high tension power lines that run a 225'wide easement diagonally across the site. This would allow for two developable areas of approximately 4.4 acres and 3.7 acres on either side of this easement divided by approximately 2.9 acres. No housing will be built under the high tension power lines or within the bounds of the easement due to the terms of the easement. This is not a good site for residential development. The negative perception of the power lines running through the middle of a residential project will create a negative impression for the project.The negative impacts of this constraint are not adequately studied in the DGEIS. In theory,at a maximum density of 12.4 units an acre,recommended by the proposed zoning revisions,we get 100 units simply dividing acreage by the density. In practice, a quality site layout would yield fewer houses. Most existing MR developments in the Town are in the range of 6-8 units per acre. The DGEIS does not evaluate the actual amount of land that would be available for such development. Page 36—"A possible impact of this rezoning is that institutions of higher learning/ educational uses are not permitted in he MR tone. The parcel is owned by Cornell University,and the change to MR could limit future educational uses,unless toning modifications ars made." Page 85—"Currentythe land is owned by Cornell,and it is unlikely that they will relinquish ownership of the land So although the entire 26 acrepamel is toned R-30 residential,it is unlikely that theproperty would ever be developed for single family housing." Page 2 of 4 10/14/2003 Cornell will never sell the land that is proposed as the MR zone. This land is important to the long-term strategic interests of the University and regardless of zoning,will remain in University use. Also,in the long-term,Cornell will need the entire parcel for future office use. This is seen as a better land use for a parcel that is encumbered by commercial development on one side and a major power line easement running through it. The adjacency to existing MR housing cited in the proposed rezoning is restricted to a narrow strip of approximately 120'out of approximately 680'. The MR designation is one that normally enhances the value of the property to a non- institutional landowner. Also,regardless of the ownership of the parcel, the negative perception of the power lines running through the middle of a residential project would create an undesirable and less marketable residential project. Why not put it on a piece of land that can be developed without encumbrance? This will create a larger tax base and enable a private Town of Ithaca resident to see the enhanced benefit. Transportation Impacts Pg. 85—Reference to estimated trafc generated by Scenarios 3 and 4. The Town's estimate puts the total number of trips for comparable development scenarios between 11,443 weekday trips (using ITE Junior/Community College as educational use)and 18,397 weekday trips (using ITE Office Park as office use). In the first scenario,why is University/College not considered for educational use? The second estimate is over 11 times the maximum number that we would generate,especially considering public transit to and from East Hill Plaza and the proximity of residential neighborhoods and walking or biking as an option. The scale of development that the scenarios project is far greater than what is likely on the entire 1� site. CU Administrative Offices development scenario-worst case©400 employees on the entire parcel. A. Likely parking for 0.75 at Cornell's TDM*ratio = 300 spaces A conservative estimate of 4 trips a day per person = 1,200 weekday road trips *Assumes that 25%would use alternative modes of transportation (carpool, bike, walk,etc.) B. Likely parking at 1:1 for 400 employees (no TDM strategy used) A conservative estimate of 4 trips a day per person = 1,600 weekday road trips General Questions regarding the DGEIS evaluation of the proposed MR site: 1) What was the process in selecting this parcel for rezoning? 2) What other sites and parcels were analyzed for MR zoning and affordable housing in the Town and why were they rejected? 3) Why select this parcel if the present owner is unlikely to sell? Is there a reason to limit educational uses on University land by not allowing educational use on part of a Cornell-owned parcel? 4) Would the goal of increasing affordable housing not be better served on a less encumbered site? 5) What impacts do the overhead NYSEG lines have on the total number of units and the quality of the layout? What are the constraints on development of this site? 6) Why have affordable housing in close proximity to high tension overhead lines? Is the mix compatible? For instance would a site so close to unsightly high tension overhead lines be Page 3 of 4 10/14/2003 targeted for low density residential housing that is generally higher priced per unit and owner- occupied? If not,why should it be any more compatible for"affordable housing?" 7) How will the site have vehicular access? 8) In reference to pg. 83 and traffic analysis for other rezoned parcel(OPZ)—Trumansburg Road/Harris B. Dates Drive, the traffic analysis uses existing traffic volume calculation. Why then does the Town use existing traffic estimates for Pine Tree Road sites and not actual existing data? The Town needs to provide more information on the methodology used for a traffic analysis of the Pine Tree Road parcel and the assumptions regarding development, population need to be clearly stated and explained. Page 4 of 4 10/14/2003 Bert Gildersleeve 4135 Tichenor Road Flector, NY 14841-9688 October 14, 2003 Town of Ithaca Board Ithaca Town Hall 215 North Tioga Street Ithaca, NY 14850 RE. Zoning Revisionsfir Tax,flap 1&24.5-2, Containing 57.73 Acres. Dear To Board: This is a formal Notice of Complaint regarding proposed rezoning oil my parcel, tax ID 24J-1 The proposed rezoning will' adversely atTect the use in keeping with the local community, as, well as adversely the value of the parcel. The proposed changes are drastic for an area which has an abundance of agicultural properties. f see no fair effbrts for compensation to those so drastically effected by the proposed policy changes. I also question the basis for the 'connectedness' the Board Chairperson of the Agricultural Committee has for the community where any property is located given that she is neither a farmer nor a person with plans on being a long term resident of Town of Ithaca or neighboring communities, Sincerely yours, Bert Gildersleeve cc, Jonathan Kanter,Director of Planning Tee Ann Hunter /O'`\ gym: Kate Lunde[katelunde@yahoo.com] Sent: Tuesday, October 14,2003 6:33 PM To: Jonathan Kanter; Catherine Valentino;townclerk®town.ithaca.ny.us Cc: katelunde@yahoo.com Subject: Comments regarding the Proposed Zoning DGEIS-attachment information Kate Lunde 320 University Avenue/1407 Mecklenburg Road Ithaca, NY 351-3384 Comments on Town Zoning Analysis General Document Issues 1. Use of 'no impact' when no numbers or substantiating information is provided. It is not an analysis when one simply claims there is no impact. The potential impact needs to be analyzed and then after review, one can determine that there is no impact. 2. The use of the term 'significant' or 'significance' without supportive information. What is significant? How is it defined? Is it the same throughout the document? Often statements are made that the impact is not significant but there seems to be no supportive /^formation. I would argue that without supportive _.formation, such a claim can not be made. Zoning Definitions and Analysis 1. Office Park Commercial Zone both the zone and the analysis of the impacts of adding this zone are affected by the relative lack of specifics available. Things that are fully defined for the other commercial zones, such as building size, etc. are missing. Without this information, it is impossible to have a way to look at full build-out or to determine whether this analysis is correct. I would argue that since it is a new zone, efforts should be made to ensure that it is, if anything, more completely defined than the other zones. 2 . Cornell-owned agricultural land on east hill is argued to be more appropriately defined as LDR even though its current use is agricultural. Yet, when analyzing full build-out, this land is excluded from the residential areas. Given that there is no restriction whatsoever to keep Cornell from selling this land, it should be included fully in the LDR analysis. Additionally, it is likely that Cornell would also elect to build on this land at some point, so even if it is not sold, it should be considered as developable. /OmIq The impact of changing the requirement for .condary residences from being in the main building to in a secondary building is not analyzed. Given that one could argue that having a secondary residence on your property is more appealing when it is in a separate building, and an analysis of that could be 1 • ;J done, I would argue that this change will accelerate the construction and conversion of accessory buildings, and is growth inducing. This analysis is /'n*hnpletely missing from the document. 4. Growth inducing aspects of the zoning. There is no analysis of how the new zoning and refined definitions and processes will encourage development. The only analysis I see is looking at now vs. total build-out. The speed of development is not analyzed. 5. Table 9 shows 16061 acres in the 'existing zoning' section and only 15892 acres in the proposed zoning. I have not gone back to compare to the total acreage of the town, but it should match. Also, PDZ is not included. This needs to be redone including all land in the town. 6. Relaxation of housing on ag properties combined with stricter subdivision limitations. What happens when I build 4 houses on my ag land (one for me and 3 for relatives/helpers/employees) and then I sell my land to another farmer who doesn't need that housing? I currently own the remaining land from a farm where this exact thing happened, and then the farm sold off the land as well. How does this zoning deal with that? 7. Forest management is now a primary activity for ag land. Yet, parcels currently used for forest management have been excluded from ag because they are not in current 'ag use. ' This argument was given for tercels on Mecklenburg Road that are now half R30 and ,.lf Ag. They have been set to LDR, even though the land to the east of them is and has been in agricultural use for the last century. By the way, this parcel is mine, and this is why I am so familiar with it. 8. MR zoning is becoming less dense. How is this in line with the plan to focus development? What is the impact of having no development potential at the existing density? I see no analysis of this as the analysis is just focused on how the total residential unit numbers are going down. 9. Commercial areas have become multi-use, allowing residential. However, I see no analysis of the impact of this additional residential use, indication of how many units are possible and having them included in the total residential unit potential. 10. The lack of a West Hill Commercial zone is not analyzed. I would argue that if it is not included in the plan, the chances of spot zoning changes are increased. Also, the pattern of development on West Hill, rather than being reflective of a plan that includes a neighborhood commercial area, will be more haphazard. The impact of this should be analyzed. 11. While I understand the desire to get this zoning mange passed, I am concerned about the number of .portant issues that are being pushed off. I believe that they should be included in this analysis. Changes to the higher density zoning should be included in a comprehensive zoning change, particularly in terms of traffic analysis and 2 understanding the need for commercial zones, etc. Excluding the resolution for the LDR without water/sewer is similar. Also, it seems that many of /0""'e concerns brought up by the public have been listed _.d then pushed off to a future discussion rather than being dealt with in this revision. I would question this as being inappropriate. It is important that we get this done, but it is even more important that it be done correctly. 12. How does the county ag district affect this zoning? It does not match the town ag lines, and yet there is little indication of issues like 'right to farm' for county ag. 13. Institutional land use change is by far the largest change over the last decade. 89% of acres changed, were changed on behalf of institutions, yet this type of use is excluded from some of your analyses. This is inappropriate as one could argue that much of the traffic in the town is 'caused' by the institutions as much as by residential land. Cornell and Ithaca College should not be considered problems or our enemies, but we need to accurately understand and analyze the impact they have on our town. There land should never be excluded from analysis. Alternatives 1. There is insufficient reasoning for backing off from the minimum of 3 acres in LDR without public meter/sewer services. A map of the area should be _ovided so that the reasons can be verified. As one who owns land in such an area, I am very concerned about its removal from the document as it was in the draft at the time I purchased my property and affected my purchase decision. Simply passing this on to a future decision is not appropriate given that it was part of the document for such a long period of time. Pine Tree Road/East Hill Area 1. Throughout the document, the combined impact of all the potential development to this area is missing. Pulling apart the SLUD as pre-existing, and then taking the OPC separate from the CC, separate from the MR is concerning. I am less familiar with the other development areas, but fear the same thing is true of the analysis for those areas. 2. Traffic analysis of full build-out does not include the SLUD as far as I can see. They should be available from the EIS for that project and should either be included in the before or after numbers. Traffic is a huge issue for residents and I am concerned that the incoming routes that are used for this area (city, Mitchell/Maple, 366, Pine Tree, Ellis Hollow, Forest Home) have not all been analyzed based on full build-out. The claim that only the Pine Tree/Judd Falls intersection is problematic needs to � substantiated. I have a feeling that residents of e surrounding areas might disagree. 3. Storm drainage for this area in full build-out. Six mile creek runs along the area and is already a concern for the city as there is flooding potential 3 for houses along the creek. I see no analysis of the change due to the additional impermeable surfaces. In fact, on page 59, it is claimed that there will be no �'gnificant impacts to surface/groundwater. There is i analysis to support this. Other Municipalities 1. A statement is made that no significant impacts on adjacent municipalities are anticipated in conjunction with the proposed zoning ordinance or map revisions. ' Yet, little to no analysis is provided to support this. In particular, given that the town completely encircles the city, increasing the traffic in the East Hill/Pine Tree Road area to the extent listed (and I have already argued that all the pieces of that increase have not been included) is likely to have an impact on city traffic. Additionally, increased impermeable surfaces around Six Mile Creek have the potential to impact the city. Neither of these, nor any other potential, is analyzed. So, making the statement that there is no significant impact is not justified. Do you Yahoo!? The New Yahoo! Shopping - with improved product search http://shopping.yahoo.com 4 TOWN OF ITHACA �I''Y °4 215 N. Tioga Street, Ithaca, N.Y. 14850 www.town.ithacamy.us TOWN CLERK 273-1721 HIGHWAY(Roads,Parks,Trails,Water&Sewer)273-1656 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX(607)273-1704 MEMO Date: October 15, 2003 To: Mayor Alan Cohen and City of Ithaca Common Council Members From: Supervisor Valentino Re: Ithaca Fire Department 2004 Budget am writing in the hope that you will consider not reducing the staff of the Fire Department. The Town of Ithaca is offering $60,000 to the City if you accept Fire Chief Brian Wilbur's proposal to hire an entry level firefighter and promote from within your staff to replace the retired Deputy Chief. This money would be available for 2004, with the only condition that you not reduce the staff level. Hopefully the City will be in better financial shape in 2005 so that this minimum level of staff can be maintained. Complying with the current fire contract, the Town is contributing 30.40% of the fire department's net expenditure for 2003. This percentage will increase to 31.10% in 2004 because it is based upon the taxable assessed property value of the City and Town's fire service area. Assessed values in the Town for 2004 increased more than the City's. The effect is that in 2004, the Town will be paying approximately $50,000 more and the City will be paying approximately $50,000 less towards net expenditures. The Town contributes another 2.75% of the fire department's net expenses toward administrative overhead costs. That money goes directly to the City's general fund and does not support direct costs of the fire department. As of /1 August 31 , 2003, the Town has contributed $86,886. We still have 4 more months of contributions at around $10,000 per month for a yearly total of around $130,000. If the anticipated retirement of 2 or 3 firefighters that are Tier 1 and 2 State Retirements occurs, the City will save the high retirement payments for these employees because new employees will come in at tiers that require a lower annual payment. The replacement of senior employees by entry-level employees will result in additional cost savings. I do not see any real cost saving from the Mayor's proposal and I have to ask the question, why are you doing this? It can only cause a deeper rift between the Town and City. The Town's position remains unchanged that the reduction in staff violates our new contract signed March 31, 2003. Further, it has the negative effect of serious morale problems with the dedicated staff that have, proven many times that they are always at the ready to respond to emergency situations. We need to find ways to work together to rebuild trust and cooperation between the Town and the City of Ithaca. This cut in the Fire Department budget can only hurt this long-standing relationship. Page I of I Catherine Valentino To: Kafl4850@aol.com Subject: RE: #SPAM# 1201 Trumansburg Road Sorry i took so long to reply, but i wanted to look at your property first hand. i went out on 10/14 wlth town staff. I believe that dead plantings will be replanted and other improvements will be made in the spring when the growing season beganis. The town intends to follow through on restoring your property and will meet with you to finish the work in the spring. Cathy Valentino -----Originail Message----- , , � From: essage----- From: Kaf14850@aol.com [maiito:Kafl4850@aol.com] Sent: Monday, October 20, 2003 8:30 PM "N To: Catherine Valentino Subject: #SPAM# 1201 Trumansburg Road Dear Ms. Valentino, I have had no reply from you or anyone else about the concerns I raised to you in my letter of September 24, 2003 regarding the damage caused to my property when work was done on, the Hospital sewer line this year. In the agreement required by the Town of Ithaca, restoration is promised, but, by any reasonable estimate, that has not happened. Even the topsoil has not been replaced. When, at the end of September, Mr. Schoch dropped off two unlabelled boxes of daylilies, and mixed bulbs, I asked how 11 would be able to plant them without any topsoil, he did not bother to answer. Although I have made every effort to be patient and cooperative during this project, (even offering to replace many of the destroyed plantings myself when Mr. Schoch talked about how limited his budget was), I feel I've been treated very badly by the town and its representatives. Repeatedly, promises have been made and not kept. One would think I'm asking for special favors in getting my property restored rather than expecting the Town of Ithaca to honor its contractual obligations. I have already had to pay for someone to bring in topsoil, and more will be needed. I should not have to be responsible for such expenses, but before seeking legal remedy, I want to know what the Town of Ithaca is going to do to about restoring my premises. Thank you. Sincerely, Kathleen Friedrich 1201 Trumansburg Rd. Ithaca, NY 14850 10/21/2003 �I r Ia � STATE OF VIEW YORK DEPARTMENT OF TRANSPORTATION 333 EASTWASHINGTON STREE SYRACUSE, N.Y. 13202 � .._.... JON P, EDINGER, P.E. JOSEPH H BOAR©MANµ REGIONAL DIRECTOR COMMISSIONER October 20, 2003 Ms. Tee-Ann Hunter Town Clerk,Town of Ithaca 215 North Toga Street Ithaca, New York 14850 Dear Ms. Hunter: RE; REQUEST FOR LOWER SPEED (LIMIT ON Ct3DDINGTON ROAD Thank you for your October 8, letter requesting a lower speed limit on Coddington Road between Troy Road and the Town of Ithaca town line. A formal investigation will be conducted at the subject location. The Department has begun a new initiative to be more responsive to you, our customers. To carry out this initiative, we encourage you to submit any information which may be helpful in our investigation. This may include petitions, letters from the public,accident data,traffic volume and speed data, maps, etc. This information should be submitted to my office at the above address. Please be aware that our review requires sufficient field investigation and analysis to assure a proper response. Upon completion of the investigation, you will be notified of the results and our determination. Your interest in this matter is greatly appreciated. Very truly yours, GEORGE A. DOUCETf"E, P.E. Regional Traffic Engineer cc. P. F. Messmer, Tompkins County Highway Superintendent C. Valentino, Ithaca Town Supervisor M. Koplinka-Loehr, Tompkins County Legislator, District 11 T. J. Joseph,Tompkins County Legislator, district 12 k t � r b.UP� STATE OF NEW Y O R K DEPARTMENT OF TRANSPORTATION _._.. 333 EAST°+/WASHINGTON STREET � 6!�( I��- tER SYRACUSE, N.Y. 13202 JOIN P. EDINGE,R, P.E. JOSEPH IH, BOARDM9AN REGIONAL DIRECTOR COMM ISSMNER October 20, 2003 Ms. Tee-Ann Hunter Town Clerk, Town of Ithaca 215 North Tioga Street Ithaca, New York 14850 Dear Ms, Hunter: RE: REQUEST FOR LOWER SPEED LIMIT ON WEST KING ROAD Iz cu I, Thank you for your October 6, letter requesting a loner speed limit on East King Road between Route 968 and Doddington Road. A formal investigation will be conducted at the subject location, The Department has begun a new initiative to be more responsive to you, our customers. To carry out this initiative, we encourage you to submit any information which may be helpful in our investigation. This may include petitions, letters from the public, accident data, traffic volume and speed data, maps, etc. This information should be submitted to my office at the above address. Please be aware that our review requires sufficient field investigation and analysis to assure a proper response. Upon completion of the investigation, you will be notified of the results and our determination. Your interest in this matter is greatly appreciated. Very truly yours, GEORGE A. DOUCEITE, P.E, Regional Traffic Engineer cc: P. F. Messmer, Tompkins County Highway Superintendent C. Valentino, Ithaca Town Supervisor M. Koplinka-Loehr, Tompkins County Legislator, District 1.1 T, 3. Joseph, Tompkins County Legislator, District 12 N. w a. Y i 111+.,p STATE OF NE YORK. DEPARTMENT OF TRANSPORTATIO ATTEST ,r �� 333 EAST WASHINGTON STREET ITVf"wC �� Wd CLE9K'6 SYRACUSE, N.Y.. 13202 JON P. EDINGER, P.E. JOSEPH H. BOARDMAN' REGaIONAL. DIRECTOR COMMISSIONER October 22, 2003 Ms.Tee-Ann Hunter Town Clerk,Town of Ithaca 215 North Tioga Street Ithaca, New York 14850 Dear Ms. Hunter: RE: REQUEST FOR LOWER SPEED LIMIT ON TROY ROAD Thank you for your October 6,letter requesting a lower speed limit on Troy Road between East King Road and Coddington Road. A formal investigation will be conducted at the subject location. The Department has begun a new initiative to be more responsive to you, our customers. To carry out this initiative, we encourage you to submit any information which may be helpful in our investigation. This may include petitions, letters from the public,accident data,traffic volume and speed data, maps, etc. This information should be submitted to my office at the above address. Please be aware that our review requires sufficient field investigation and analysis to assure a proper response. Upon completion of the investigation, you will be notified of the results and our determination. Your interest in this matter is greatly appreciated. Very truly yours, GEORGE,4. DOUCETTE, P.E. Regional Traffic Engineer cc: P. F. Messmer,Tompkins County Highway Superintendent C. Valentina, Ithaca Town Supervisor M. Koplinka-Loehr, Tompkins County Legislator, District 11 T. J. Joseph,Tompkins County Legislator, District 12 October 23, 003 �h Cathy Valentino L—v, . Town Supervisor Town of Ithaca Lid 1 N, Tioga Street Ithaca NY 148 1 Dear Ms,. Valentino: I am writing to follow up on our telephone conversation last week concerning dangerous conditions for DeWitt Middle School students using the pathway from DeWitt to Northeast School and crossing over Winthrop Drive. ;ince this is an ongoing situation and any change in signs along the road will take some time, am wondering if perhaps you can request a police officer visit the site between 3:20 p.m. and 3:303 p.m. to give a friendly warning to motorists that the situation is unsafe and that it is preferable to wait in the Northeast parking lot. Since many of the people who park along the road shoulder are the same from day to day, I am thinking it would probably only take a couple of visits to ameliorate the situation. To review our conversation, I called to alert you to unsafe conditions for student walkers along Winthrop Drive near Northeast school. At the close of DeWitt's school day, parents pick up their children along the roadside near the DeWitt- Northeast pathway. Cars parked on the shoulder of the road on both sides of the pathway, often jutting into the road, impede the ability of motorists in both directions to see students entering the marked crosswalk across Winthrop Drive. In addition, the ability of students entering the crosswalk to see oncoming traffic is impaired. I believe this is serious situation with potential for tragedy. There are a couple of difficult-to-read "No Parking' signs along the shoulder of the road, and the crosswalk, painted on the roadway, is marked by a yellow pictorial sign. My suggestions for this area include 1) Signs stating "No Stopping or Standing" ) Signs, similar to those on Hanshaw Road by Community Corners which advise "Mate Law requires vehicles to stop for pedestrians in crosswalk," 3) Implementation of a "school zone''' speed limit along the stretch of Winthrop Drive which borders Northeast school. Currently the speed limit is 30 mph and strangely, there is no school zone speed limit as there is, I believe, for virtually every other school in the Town. I appreciate your offer to visit the area in question with the supervisor of the Highway Department. The number of cars involved varies from day to day--one day last week there were 6 cars on either side of the road; today there were none. Usually there are two or three. Still, I believe changes in signage in this area are important to the safety of students, and would appreciate your getting back to me with your impressions. I can be reached during the day or evening at 257-0370 or by email at deb@lightlink.com. Thank you. Sincerely, Deborah Cowan 1022 Hanshaw Road Ithaca NY 14850 ��pITl,q�9 CITY OF ITHACA 108 East Green Street Ithaca, New York 14850-5690 nD COMMON COUNCIL R��►to Telephone: 607274.6570 OCT 3 1 2003 ATTEST -- ITHACA TOWN CLE9K Date: October 30,2003 To: Catherine Valentino,Town of Ithaca Supervisor Town of Ithaca Board Members From: David Whitmore-, City of Ithaca Common Council Re: Recreation Facilities and Recreation Coordinator Position I am writing to elucidate the communications between the Town of Ithaca and the City of Ithaca regarding the Town's proposed contribution for recreation facilities. As you know, the Town contributes $112,000 annually towards the operation and maintenance of Cass and Stewart Parks for the benefit of the entire community. The Town and the City of r� Ithaca bear sole financial responsibility for our waterfront parks. The City hopes to continue this partnership and perhaps expand it to include other municipalities. Up to this point,the Town has made its contribution without any formal contract with the City. Discussions are on-going between the Town and the City for 2004. No agreement has been made regarding the contribution amount nor have we discussed the conditions under which any future contributions will be made. The City and the Town have concerns that must be addressed before any agreement is finalized. I encourage you to take this into consideration when you vote on your budget for 2004. For your information, the City has not included any revenue from the Town for recreation facilities in our 2004 budget pending a formal agreement with the Town. The Recreation Partnership is our best hope for building an integrated, cost-effective approach to recreation programming. We do not understand the need to create yet another youth recreation infrastructure during these tight budget times. The Common Council would like to discuss the proposed creation of a Recreation Coordinator position in the Town of Ithaca. We believe that current recreation program infrastructure provided by the Recreation Partnership,the City of Ithaca Youth Bureau and the Tompkins County Youth Services Department effectively serves youth in our area and has the flexibility to work even more effectively in the future. We respectfully request that the Town take time to draw on the resources that are available in our community to further explore this proposal before considering its approval. Thank you for your consideration of our thoughts and concerns. I am more than happy to discuss ,,.•.� these issues further. You can contact me at 273-1254 or davidw@cityofithaca.org. I will attend the November 6`h Town Board meeting in order to make myself available for questions. 'An Equal Opportunity Employer with a commitment to workforce diversification." �« Catherine Valentino gym: Helen Wyvill [cjw2@cornell.edu] nt: Friday, October 31,2003 7:38 PM To: Catherine Valentino Subject: taxes Dear Cathy Valentino, I really appreciate that the town has not raised the tax rate, but our town taxes have indeed gone up: the county has hit us with substantial increases in our assessments, so if our tax rate does not go *down*, our taxes paid, in fact, go up. I hope next year can see a lowering of the town tax rate; I hear many of my neighbors talking about moving out of Ithaca to someplace they can afford. I like it here, and don't want to move, but I don't know how long we'll be able to manage. Thanks for doing a good job. Helen Wyvill 6 Muriel St. Town of Ithaca 1 A Town Supervisor Ithaca, NY 14850 Catherine Valentino 215 N. Tioga Street 607-273-1721 October 31, 2003 Mary Prosperi 1223 Trumansburg Road Ithaca, NY 14850 Dear Mary, Thank you for your letter, which outlines your concerns about the proposed housing developments on Route 96 and Ithaca College's contribution to the Fire Department. I apologize that I have taken so long to respond. I have passed all your concerns regarding the proposed developments on Route 96 to the Planning Department. The Planning Department is looking carefully into all the neighborhood concerns. They do also notify people of meetings. I will check to make sure people get notices in a timely way. Ithaca College has started putting some of their property on the tax roll. So they have started paying some property and fire tax, also water and sewer benefit charges. We are working with them and making some progress. I hope you and Joe are both well. See you at Lynah Rink. Go Big Redll Sincerely, /o Catherine Valentino Town Supervisor ®42�307-C lei y 7 2 .. w 417V � ct co y yo�-(--) ATTEST —7—(jvLi,o 02 6tild A(ive4n - /7� - 0 ZT r-z - 4;, _. ^'"�,✓..+� p y ff/f )pY ,u+',,. [. 1✓ Y, ,„� "��A 4.A '. °. ...-„BM,✓".".�w.+M' k'.- n-e s d rl M 15" , " ,m - m Catherine Valentino wpm: Bill Hawley[bhawley@tcsenior.org] nt: Friday, November 07, 2003 9:29 AM To: Catherine Valentino Subject: Thank you for your support Dear Ms. Valentino, Thank you so much for your support and for the support of the Town of Ithaca in restoring the funding to the Tompkins County Senior Citizens' Council in your budget last evening. I am very grateful that you gave me the opportunity to be heard and am extremely thankful for the board's support. I hope the legislature will restore their reimbursement and that in future months we will be able to work closely together to perhaps discern a better system for public funding. I look forward to working with any committee the Town might form to examine human service needs and services provided to the Town of Ithaca residents. I hope we can continue to partner to serve the Senior Citizens of the Town. Thank you very much. Sincerely, X11 Hawley _,mpkins County Senior Citizens' Council 1 1360 Slaterville Rd. Ithaca NY 14850 November 752003 MS. Cathy Valentino Town of Ithaca Ithaca NY 14850 Dear Ms. Valentino, I wish to compliment the crew that cleaned the leaves on Slaterville Rd. They did a fantastic job and I appreciate it. We have eight old maple trees and numerous others. The volume of leaves is more than we can manage on our own. It would even:be better if the trees would cooperate and drop their leaves b'dbre collection time. Sincerely yours, Eleanor P. May 1223 Trumansburg Road Ithaca, NY 14850 11 November 2003 Catherine Valentino Town Supervisor 215 North Tioga Street Ithaca, New York 14850 Dear Cathy, Thanks so much for your note of 10/31/03. It is great to hear that IC is finally making a contribution. I hope it continues to increase. Your efforts are very much appreciated. I am also happy to learn that neighbors of the Route 96 housing expansion will be notified of meetings. However, I just heard yesterday that there was a meeting on election night at 8:30 p.m. which I was never notified about. My concerns are: (1) why did we not receive written notification of such a meeting? (2) and why was it on an election night? I expected from your note - and from the money I pay in property taxes, that a postcard notification would not be too much to ask and would be forthcoming,for each and every meeting involving the two complexes in my neighborhood. Who should I contact to be sure my name and address are on that list? /O%Nnderstarid from several of my neighbors who attended the election night meeting that discussion was very intense. I hope property tax values as well as the other things I mentioned to you will be addressed publically in -the very near future. I have not spoken with one person in the immediate and surrounding neighborhood that is in support of either of these complexes! It is not a matter of not in my backyard - it is a matter of public green space, property values, traffic, safety. Thanks again. I look forward to those personal invites to future meetings! Sincere, Mary Prosperi cc: Larry Thayer Page 1 of 1 Catherine Valentino From: 3D Cinemation/Joseph Scaglione Ooescag@twcny.rr.com] Sent: Wednesday, November 12, 2003 12:01 AM To: Catherine Valentino Cc: marypros@twcny.rr.com Subject: important Cathy, My mother,Mary Prosperi,contacted you several weeks ago regarding the proposed low income housing development located on the Kyong property across from Cayuga Medical Center. I am aware of your letter of response etc. You told my mother you would notify her when the next meeting was held. We found out after the fact that it was held on election night.Nobody notified us. Since we are directly affected by this proposed development,you need to better communicate with us on it.To have meetings without notifying those affected reminds me of the days when Marty Luster as the Attorney of Mobil Oil in Jacksonville would hold public forums at 7 o'clock in the morning hoping nobody would show up. We are totally against having another 300-500 cars a day on this road,our assessment goes up,the noise level goes up,the traffic is already very bad and about to get worse.It is almost impossible now to get out of my driveway. The people who work at Cayuga Medical Center are not going to live across the road in low income housing. We have valid traffic and security concerns. You already have linderman creek on west hill and conifer etc. I have been told by several members of the sheriffs department that these existing developments already drain the resources of the department with constant domestic calls to the department and disorderly issues are also abundant. I don't want more of this on west hill. I know Dr.Kyong was quite upset the Town refused his request for a strip mall a few years back and vowed to get even. Don't bow to this tactic.This area is becoming less of a neighborhood every year. You are a big proponent of neighborhoods?Then please realize even those with a main highway deserve to be preserved. As 39 year residents on west hill,we are perhaps the longest standing members of this neighborhood along with Frank Liguori. Everyone else has been here a lot less than we have.We have paid town of ithaca taxes for 39 years. Rest assured,you will be dealing with me and my brand of media publicity expertise should this development proceed.This is not the reason I just pulled the lever for you once again. I had a lot of good things to say about you as the model democrat who knows fiscal control.I will not be in favor of your tenure should you become an advocate of more low income development on west hill. How about proposing this type of development in your neighborhood? Since we are striving for diversity in our community,how about mixing it up a bit and putting some of this on south and east hill? Otherwise the Town of Ithaca land preservation plan is just a paper tiger,isn't it? Good luck on another term. I sincerely hope we don't have to become adversaries over this issue. You have done an excellent job up to this point. Thanks Joe Scaglione 11/17/2003 Tee Ann Hunter '^`gym: webuser@town.ithaca.ny.us sent: Monday, November 17,2003 1:06 PM To: townclerk@town.ithaca.ny.us Subject: Data posted to form 1 of http://www.town.ithaca.ny.us/Feedback.htm ************************************************************************ department: Town Board MessageType: Suggestion Subject: (Other) SubjectOther: Brush cleanup Username: Ken Birman userstreet: 501 Salem Drive usertown: Ithaca UserEmail: Ken_Birman@hotmail.com UserTel: 607-255-9199 UserFAX: 607-255-4428 B1: Submit Comments: During the violent windstorm last week, many branches came down in my neighborhood (Salem Drive) . As a result, quite a few residents were forced to put branches and dead wood out for collection. I realize that this isn't scheduled, but is there any chance the town board could arrange for a special cleanup? The quantities are low and it could be dne without a chipper, I think -- just some guys in a pickup truck. erwise, we' ll end up with brush on the street until the spring ,--eanup in May. Thanks very much for considering this request! 1 OF 17, TOWN OF ITHACA 18 21 o4� 215 N. Tioga Street, Ithaca, N.Y. 14850 www.town.ithaca.ny.us TOWN CLERK 273-1721 HIGHWAY(Roads,Parks,Trails,Water&Sewer)273-1656 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX(607)273-1704 November 20, 2003 Honorable Alan Cohen and the Members of City of Ithaca Common Council City of Ithaca 108 East Green Street Ithaca, New York 14850 Dear Alan and Members of Common Council: I am writing to all of you because I am very concerned about the City of Ithaca unilaterally awarding a contract for the phosphorus removal project at the Joint City - Town of Ithaca -Town of Dryden Waste Water Treatment Plant. As many of you know, this project has been under discussion for a.long period of time. Integral to the project has been the receipt of a grant from the State of New York for approximately 63%of the project costs with the City, the Town of Ithaca, and the Town of Dryden paying the balance. When the initial bids for the project came in well over budget estimates prepared by the project engineer, the Town Board wanted to be very sure that the grant monies from the State of New York would be forthcoming. Accordingly, when the Town authorized continuing participation at the higher project cost of $4.448 million dollars, it simultaneously adopted a resolution stating specifically that the Town would not pay any portion of the costs until it had received a fully executed agreement between the State of New York and the City of Ithaca providing at least$2,775,000 in grant money. The resolution went on to state: "RESOLVED, that no contracts for the construction of the project be awarded until the above conditions have been met. . ." Copies of the resolutions were delivered to the Mayor and the City of Ithaca Superintendent of Public Works. A copy of that resolution is attached to this letter. As of the date of this letter the Town has not received any grant agreement with the State. Subsequent to that resolution which was adopted on September 22, 2003, all of the parties have learned of a significant problem at our jointly owned facility. On October 15, 2003, the Special Joint Subcommittee, which has the initial responsibility for oversight of the plant pursuant to the agreement between the City and Towns, learned for the first time that concrete deterioration is a serious problem at the plant when Peter Novelli, structural engineer and concrete specialist, presented his preliminary structural /0011S survey(memo attached). It was the sense of at least the Town of Ithaca and Town of Dryden representatives, if not some of the representatives of the City at that meeting, that the phosphorus removal project should be delayed until a more complete study could be performed regarding the structural problems of the plant, the nature and extent of the repairs necessary and a complete assessment could be made of the impact of those structural problems and repair strategies on the phosphorus project. It was also felt by some members that a delay might actually result in a lower project cost since winter construction expenses would be reduced. Notwithstanding this history, at a SJS meeting on November 19th, Larry Fabronni, City Assistant Superintendent of Public Works, advised the SJS that on November 6, 2003, without consultation with the Towns and without having in hand a fully executed grant agreement from the State of New York, the City awarded the contract for the phosphorus removal project. This action is in violation of the contract between the City and Towns, which specifically requires the approval of each participating municipality prior to the initiation of capital improvements or the acquisition of equipment having a useful life in excess of five years. Accordingly, the Town has no alternative but to advise you that the Town is not prepared to pay any of the costs of the phosphorus removal project at this time. The Town may re-think this position if and when the State of New York and the City of Ithaca have both fully executed a grant agreement providing the grant funds anticipated by the parties. However, in view of the City Assistant Superintendent's precipitous action in proceeding unilaterally, the Town makes no commitment at this time as to whether they will fund any portion of the project. I hasten to add that the Town is very supportive of the need to protect the water quality of Cayuga Lake and would hate to see that objective compromised. However, the Town is equally concerned that the process for approving and contracting for our joint projects be one that is collaborative rather than one that is unilateral on the City's part. Many of us have spent a great deal of time recently, striving to remedy the joint interceptor funding problem created by previous unilateral City actions. I am particularly disappointed that the history of unilateral decision-making, which took place on the joint interceptor project, has again repeated itself. I would be happy to discuss this matter further with any of the persons to whom this letter is addressed or to whom copies are being sent. Sincerely, Catherine Valentino Town Supervisor CV:sls xc: Mr. Larry Fabronni Mr. William Gray Mr. Ron Denmark 2 attachments SPECIAL MEETING OF THE ITHACA TOWN BOARD MONDAY, SEPTEMBER 22, 2003 TB RESOLUTION NO. 2003-125: CONDITIONING THE AWARD OF CONTRACTS FOR THE JOINT SEWAGE TREATMENT PLANT PHOSPHORUS REMOVAL PROJECT UPON RECEIPT OF EVIDENCE OF STATE GRANT FUNDING BEING AWARDED FOR THE PROJECT WHEREAS, the Town Board has, by public.interest order adopted September 22, 2003, authorized an increase in the Town's share of the cost of the Joint Sewage Treatment Plant Phosphorus Removal Improvement (the "Project"), subject to the possibility of a permissive referendum; and WHEREAS, the Town has authorized the Town's involvement in the Project upon the understanding that the Project would receive grant funds from the State of New York in the total amount of at least$2,775,000 of which at least$1,134,142.50 would be credited against the Town's newly authorized contribution of$1,818,101.95 making the actual final cost to the Town of $683,959.45; and WHEREAS, the Town is not willing to fund the Project unless it has assurances from the State of.New York that the grant funds will be provided for the Project; and WHEREAS, the Town is not willing to commit to funding the Project until the time period for the petition for a permissive referendum on the resolution and public interest order authorizing the increase in expenditures for the Project has expired and no petition is filed, or if filed, the referendum is held and the resolution and public interest order is approved; NOW, THEREFORE, be it RESOLVED, that the Town.will not pay any portion of the costs of the Joint Sewage Treatment Plant Phosphorus Removal Improvement until the following conditions have been met: 1. The Town has received a copy of a fully executed agreement between the State of New York and the City of Ithaca pursuant to which the State of New York rhas committed to providing at least$2,775,000 in grant moneys from the 1996 Bond Act Funds towards the cost of the Phosphorus Removal Project; and 2. The adoption of the public interest order approving the increase in the authorized payments for the Joint Sewage Treatment Plant Phosphorus Removal Project is published and posted in accordance with applicable law, a period of 30 days has elapsed since the adoption of such public interest order, and no petition for a referendum has been received by the Town of Ithaca or, if received, a referendum has been held and the public interest order has been approved by the voters; and it is further RESOLVED, that no contracts for the construction of the Project be awarded until TB RESOLUTION NO. 2003-125 PAGE 2 the above conditions have been met; and it is further RESOLVED, that the Town Clerk is hereby requested to transmit a copy of this resolution as soon as possible to the Mayor of the City of Ithaca and to the City of Ithaca Engineer. MOVED: Supervisor Valentino SECONDED: Councilman Klein VOTE: Supervisor Valentino, aye; Councilwoman Russell, aye; Councilman Klein, aye; Councilman Lesser, aye; Councilman Burbank, aye. Motion carried unanimously. /.Structural Eng' ineer The Miller Building 330 East State Street Post Office Box 7004 1 Ithaca,New York 14851-7004 I USA. 607275-9707 607 275-0964 F i Wo@novel9-eng com MEMORANDUM DATE: September 15, 2003 TO: Ithaca Area Wastewater Treatment Plant ATTN: Mr.Ronald Denmark, Chief Operator Mr.Larry•Fabbroni,P.E.,L. S., Assistant Superintendent of Public Works FROM: Peter D. Novelli,P.E.,F. ASCE RE: Report of Preliminary Investigation Condition Survey and Structural Investigation Ithaca Area Wastewater Treatment Plant Following is a detailed report of our investigations,to date, into concrete deterioration and other structural repair and maintenance concerns at the Plant. The scope of this study includes a preliminary condition survey of the concrete structures at the Plant. This includes visual examination, nondestructive testing, and some limited minor destructive testing that requires removal of concrete(coring, concrete powder samples,test openings of concrete elements). This scope further includes evaluation and a basic structural analysis of the reinforced concrete walls, and preliminary selection of required repairs and additional required testing and investigations. To summarize,the following problems have been identified: 1. Much or all of the cast-in-place concrete in this project appears to contain alkali- silica reaction(ASR), and significant map cracking has developed nearly throughout the structures. This could represent a serious concern for the ultimate life expectancy of these structures. 2. Other types of cracking, mainly vertical wall cracks, have also developed. These are allowing sewage to seep through the walls, and there is a risk of rebar corrosion. This is a fairly typical problem in water-retaining structures,however repairs should be attempted. 3. Deck joints,'and structural joints in wetted areas like influent channels, are lealdng and require correction. 1 E= 4. The southerly stair appears to be pulling(or being pushed)away from the main structure. 5. There are many exam J of minor concrete and joint deterioration les P throughout the Plant; much of this is due to aging and the need for a repair and,maintenance I project. We recommend the following actions: !' 1_ Services of a specialized Contractor should be secured,to inject and seal leaking joints and actively leaking cracks. 2. Specifications should be prepared, and bids solicited, for repair and maintenance of minor concrete deterioration items throughout the Plant. This will help to keep these minor items from becoming major. 3. After completion of concrete.repairs,the concrete decks should be stripped, prepared, and protected by a new membrane. 4. Based on the significant findings of this preliminary condition survey and investigation, the entire structure should be examined thoroughly. It is important to know the extent of the various deterioration mechanisms, so that a long-range plan can be developed to effectively and efficiently manage and optimize the remaining service life of this Plant. Obviously there is an enormous investment in this Plant, and its replacement would be costly. A very important part of this comprehensive investigation, and the first thing that should be done, is that we should obtain some full-thickness cores of the tank walls and have them tested by a qualified laboratory for an"accelerated ASR test." �+q We recommend that the Committee review this information;we would be pleased to attend a meeting with the Committee, explain these issues further, and answer any questions. 2 ` OF TOWN OF IT A►CA► CONSERVATION BOARD 215 N. Tioga Street, Ithaca, N.Y. 14850 November 1.7, 2003 �H Town hoard Members Town of Ithaca 215 N. Tioga Street f Ithaca, ]`y1'Y 14850 Lear Friend of Conservation, The 'town of lthaca Conservation Board has established an annual award to recognize those individuals or groups whose activities have been especially effective in conserving and enhancing the Town's natural environment. The Award is named in honor of Richard B. Fischer, a longtime Town resident. As a teacher and researcher, lie has sensitized generations of college students to the need for environmental consen,a:rtion. As a writer ofpopular articles, lie has informed the public about conservation issues. As, a naturali.;t and as a public citizen, lie has carried out a variety of projects such as the restoration of the Eastern Blr.:ebird. population by providing nest-boxes to be set up throughout the. Town and the campaign to enact State ' legislation for° the bottle bill which has significantly reduced littering throughout the State. Accordingly, recipients of the Richard B. Fischer Award should demonstrate a comparable level of commitment to enviromriental conservation. This letter is an invitation to nominate one or more persons, or organizations, who have completed„ or made substantial progress towards completion of, a project or other activity that has contributed to improving the Town's natural environment. The nominations should be submitted to the Conservation Beard, Town of Ithaca, no later than January 31, 2004. Details of tile Award and information about the nomination process and criteria are included with this letter, and are also available on the website at www.town.ithaca.rry.uslfischer.litmi. We believe that there are many who deserve to be recognized by this Award and we look forward to receiving your nominations. Thank you, Lenore T. Durkee, Chair Town of Ithaca Conservation .Board For further inforrrration contact: Lenore Durkee, 256-0879 or e-mail; vdurkeeI@,tweny.rr.coin Jon Meigs., 273-0431 or e-snail: joncml aol.corn. Elissa.Wolfson, 277-3931 or e-mail: ew28@cornell.edu Enc. Tee Ann Hunter '00%`m: webuser@town.ithaca.ny.us .,ent: Thursday, November 20,2003 12:24 PM To: towncierk@town.ithaca.ny.us Subject: Data posted to form 1 of http://www.town.ithaca.ny.us/Feedback.htm ************************************************************************ department: Planning MessageType: Complaint Subject: Meeting SubjectOther: Username: Virginia Marques userstreet: 208 Dubois Rd. usertown: Ithaca UserEmail: vfm78@yahoo.com UserTel: 607 273-3501 UserFAX: B1: Submit Comments: I am writing about concerns I have about the proposed changes to the zoning of a parcel on Rt 96N (by CVPH) for a low to moderate income apartment complex, plus residences. I am not in favor of changing the zoning for this project, and am not in favor of the complex. I feel the town is embracing urban sprawl at an alarming rate. I am disturbed that tie developers for this project are one of the largest developers of the d in the country, as stated at the Planning Board meeting. I don't ,___,)w if anyone on the Board travels down 96 into Ithaca during the morning, but traffic has not been improved by the changes to the octopus. It takes me literally 1/2 hour to make the 4 mile trip into downtown because of a bottleneck at Petes and beyond. In the case of the return trip, if there is a train, as often happens at 4:30, it is impossible! To filter in an additional hundred or so people is a horrible idea! >From my house I have a view of the developments and sprawl in Lansing. I moved to this side of the lake because of the wildness and beauty. I would be very sad to see a develpoment of this magnitude built so far from the city limits. It is just bringing the sprawl further out into the rural areas. Zoning should have a purpose. . . to protect areas from the kind of destruction proposed. Please deny the change in zoning and vote to not approve this develpoment. Sincerely, Virginia Marques and Daniel Yokum 1 BARNEY, GROSSMAN, DUBOW & M�ARCUS ATTORNeys AT LAW SENECA BUILDING WEST JOHN C. BARNEY SUITE 400 FACSIMILE PETER G. GROSSMAN 119 EAST SENECA STREET (607) 272-8806 DAVID A. Duaow ITHACA, NEW YORK 14850 (NOT FOR SrRVTCE OF PAPERS) RANDALL B. MARCUS JONATHAN A. ORK�N (607) 273-6841 KEViN A. JONES November 21, 2003 HAND DELIVERED PERSONAL & CONFIDENTIAL Honorable Catherine Valentino Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, New York 14850 Dear Cathy: Some time ago you asked me about the possible real estate commission that would be payable in connection with the sale of the old Town Hall. I have reviewed my files and the only document I have found to date is an unsigned document entitled "Exclusive Right to Sell/Exchange Listing Contract", a copy of which is enclosed. I have vague recollection that we negotiated for a period of time on this agreement and there may be one that was actually signed by the Town. In my absence, I am asking Sandy to continue to look through our files to see if she can turn up anything else along those lines. If we signed an agreement, it would appear that a commission of 7% was owing to Robert W. Mead or its successor entity. That would mean that of the $315,000 we obtained, a cominission would be due of$22,050. I don't know whether you want to hold off on this -until I got back or whether, with this infori-nation, you are satisfied that you can go ahead and pay Pyramid. I would be happy to discuss it when you get back from your vacation. With best regards. Sincerely yours, JCB:sls Enclosure xc: Al Cai-vill, Budget Officer (w/copy of agreement) DICTATED BY BUT NOT READ BY JOHN C. BARNEY This is an agreement between TOWN OF ITHACA with a principal office at 126 East Seneca Street, Ithaca, New York, hereafter referred to as "I" or "Me" and ROBERT A. MEAD & ASSOCIATES, INC., 111 Grant Avenue, Endicott,NY 13760, hereafter referred to as "Listing Broker". OWNERSHIP OF PROPERTY AND POWER TO SIGN CONTRACT I am the Owner(s)of the Property located at 126 East Seneca Street,Ithaca,New York 14850(the "Property"),tax map#61.-5-9 and approximate lot size dimensions 34'x 138'. I have complete legal authority to sell, rent, and/or lease the Property, subject to legal requirements governing a municipality, and agree to tender to the purchaser a good and marketable title if and when all legal requirements for a sale have been met including,if necessary,the affirmative vote of the electors of the Town of Ithaca authorizing the sale. I have not entered into any other agreements for the sale or transfer of the Property. GRANT OF EXCLUSIVE RIGHT TO SELL AND ITS TERMS I.hereby grant to Listing Broker EXCLUSIVE RIGHT to offer said Property for sale for the sum of $339.000.00 or at such other price or terms to which I may consent;commencing as of 12/1/99 (listing date),up to and including 6/30100 (expiration date). An Exclusive Right to Sell Listing means that if I, the owner of the Property, find a buyer, or if another Broker finds a buyer,I must pay the agreed commission to the Listing Broker. I understand that the Listing Broker is a member of the New York State Commercial Association of Realtors(NYSCAR)and/or Broome County Board of Realtors,Inc.and the Listing Broker may cooperate with other brokers in procuring or attempting to procure a purchase in accordance.with this agreement. I further understand that Listing Broker may file this listing with the NYSCAR Listing System and/or the Broome County Multiple Listing Service (MLS). The Listing Broker hereby agrees to endeavor to sell the Property, as described by Me. `I agree to pay the Listing Broker if I enter a contract to sell the Property and the contract fails to close because I breach the sales contract. If such contract fails to close because the Buyer breaches the contract, or be of the failure of a stated contingency, or because of an act of God or other cause beyond the reasonable control of Buyer or Seller, no commission.shall be due from me. Nothing in this paragraph is intended to relieve a Buyer from any responsibility to the Listing Broker for,the loss of commissions resulting from a Buyer's breach. I agree to pay the Listing Broker a commission of 7%of the sales price providing such Property is sold before the expiration of this authority,or with any extended time as provided herein,whether such a sale is made by the Listing Broker or by Me or by anyone else. I authorize my attorney and/or the mortgage lender to pay any balance of sale commission owed out of sale proceeds at pine of closing. Such commission shall be due and payable from me only upon closing, unless the closing fails to occur because of my default. Such commission shall be paid if the Property is (a) Sold,conveyed or otherwise transferred within 180 days after the expiration date of this — _- agreement or any extension, or (b) Leased within 180 days after the expiration date of this agreement or any extension with an option to purchase and the option is exercised at anytime during or up to three years after the expiration of this agreement, to anyone to whom the Property was shown by the Listing Broker or by another Broker through the Listing Broker prior to expiration.provided I have received written nnti�P ;ntl„rUnrr fka, „�r x SUBAGENCY 3.5% I am aware that I can be liable for the misrepresentations, if any, of subagents. I may be entitled to bring legal action against the responsible subagents for reimbursements of any loss. x BUYER AGENCY 3.5%I authorize the Listing Broker to cooperate with brokers who represent Buyer with the understanding that such Buyer's Agent will be representing only the interest of the prospective Buyer. x DUAL AGENCY 3.5%As to in-house transactions: May exist with full disclosure to all parties. ONE COMMISSION In utilizing any of the agencies as described above, I will not be liable for more than one (1) commission totaling-1 percent(%)of the selling price. DISCLOSURE (x)Yes ()No I have signed and received a Disclosure Regarding Real Estate Agency Relationship as suggested by New York State law. TERMINATION OR DEFAULT • I understand that if I terminate the Listing Broker's authority prior to expiration of its term that the ,,..� Listing Broker shall retain its contract rights to a commission and recovery of advertising or other expenses and any other damages incurred by reason of my early termination of this agreement unless otherwise agreed to in writing by the Listing Broker and Me. INFORMATION ABOUT PROPERTY - , All information about the Property I have given Listing Broker is to the best of my knowledge, accurate.and complete. I understand that the Listing Broker must disclose to prospective buyers and any other persons any information about the Property and its condition that the Listing Broker obtains from Me or any other source. I authorize Listing Broker to: (x) Yes (}No-Place sale/sold sign on property (x) Yes ()No-Use my legal name on all documents (x)Yes (}No -To photograph said property and use such in promotion of sale LEASE In the event a lease shall be made through the Listing Broker or another Broker during the term of this listing agreement, a commission shall be due upon signing of the lease in an amount equal to 7%of the average annual gross rent due under the lease during its initial term,up to a maximum of five years(i.e.if a seven year lease is signed at an annual rent during the first five years of$30,000 per annum,the commission will be$2,100(7%of$30,000)). The commission shall be payable on lease signing unless the parties agree otherwise. All other terms of this agreement shall apply to such transaction. In the event the lease becomes a sale within three years after the expiration of this listing agreement,Listing Broker shall be entitled to a commission calculated on the actual safe price after any rental credits granted the Buyer. All the other terms of this agreement shall apply. ACCEPTANCE By signing this contract,each party agrees to be bound by all of the terms of the contract. It contains the entire agreement between the parties and no verbal conditions,representations or agreements have tige=r made contrary_ therein and each-party further acknowledges receipt of a fully signed duplicate original of this contract. TOWN OF ITIIACA ROBERT A.MEAD&ASSOCIATES,INC. By By Catherine Valentino,Town Supervisor CATHY VALENTINC 4I '' «rr 4 r ITHACA TOWN SUPERVISOR .., 215 NORTH TIOGA STREET ITHACA, NY 14$8G1 ATT E ST THANKSGIVING NOVEMBER 27, 2003 F sA I E-�K7 RE: CONSOLIDATION OF (8) VOLUNTEER COMPANIES CLEAR SUPERVISOR VALENTIN'O. IN TODAY'S ITHACA JOURNAL PAGE 7A LETTER TO THE EDITOR: WHY CAN'T THE CITY OF ITHACA AND THE TOWN OF ITHACA CONSOLIDATE FOR EFFICIENCY, PROCEDURES, EMERGENCIES, ETC: GOT ME THINKING WHY CAN'T THE: VOLUNTEER FIREMEN WHO BELONG TO (8) VOLUNTEER COMPANIES CONSOLIDATE INTO ONE UNIT SUCH AS THE ITHACA VOLUNTEER FIREFIGHTERS UNIT' THAT NOW COMPRISES OF' ONLY ACTIVE FIREFIGHTERS AND ONLY TEN TO FIFTEEN BODIES STRONG FOR EFFICIENCY, PROCEDURES AND RECRUITMENT FOR NEW VOLUNTEER MEMBERSHIP? I REALIZE IT'S A VERY SENSITIVE ISSUE DUE TO THE RICH HISTORY SPANNING 180 YEARS OF OVER 3, 800 DEDICATED CITIZENS OF THE CITY AND TOWN OF ITHACA WHO PUT THEIR LIVE ON THE LINE TO SERVE AND PROTECT THOSE THEY LOVED, WORKED FOR AND HOMES THEY BUILT. EVERY VOLUNTEER FIREMAN IS VERY PROUD OF HIS OR HER COMPANY. MANY STORIES CAN BE TOLD.: NOW IN THE, YEAR 20031 READ ARTICLES IN THE ITHACA JOURNAL WHERE GOVERNMENT OFFICIALS HAVE SECURED FEDERAL GRANTS TO NE'WFIELD, TRUMANSBURG FIRE STATIONS FOR MUCH NEEDED UP TO DATE EQUIPMENT NEEDED FOR THOSE VOLUNTEER FIREFIGHTERS TO SAVE LIVES AND PROPERTY QUICKER, EASIER, MORE EFFICIENT. THE ITHACA FIRE DEPARTMENT LOST THE VOLUNTEER COORDINATOR SEVERAL YEARS AGO. SHE ALSO WROTE GRANT REQUESTS FOR THE VOLUNTEERS. BUT THAT IS FINISHED AND THE SMALL NUMBER OF ACTIVE FIREFIGHTERS JUST IS OVERWORKED TO WRITE GRANTS OR RECRUIT FOR NEW MEMBERS. THEY DO TRY THEIR BEST BUT MORE HELP IS NEEDED NOW. VETERAN VOLUNTEER FIREMEN HAVE EARNED THE 2% FOREIGN FIRE INSURANCE MONEY RECEIVED EACH YEAR FROM NEW YORK STATE TO SUB STAIN THEIR EXISTENCE. BUT PERHAPS $4,000 DOLLARS IS TOO MUCH FOR MONTHLY DINNERS, AN ANNUAL BANQUET, T-SHIRTS OR JACKET. 1/2 HALF OF THAT MONEY SHOULD BE PUT TO BETTER USE LIKE RECRUITMENT DRIVES FOR NEW VOLUNTEER FIREFIGHTERS, RADIO AND TV ADS, LOCAL SCHOOL JOB FAIRS AND DEAR TO MY HEART IS STARTING AN EXPLORER SCOUT FIRE POST AGAIN WITHIN THE CONSOLIDATED VOLUNTEER COMPANIES. POST 145 HAD 30 TO 40 EXPLORER SCOUTS EAGER TO LEARN EVERY YEAR DURING ITS THIRTEEN-YEAR LIFE. ITHACA'S CITY CHARTER WOULD HAVE TO BE RESEARCHED EXTENSIVE, ARTICLES REVISED, FIRE COMMISSIONERS DUTIES REDEFINED, TO INSURE NO VOLUNTEER FIREMEN WOULD LOSE BENEFITS AND IF THE (8) COMPANIES WERE CONSOLIDATED ALL 2% MONIES WOULD NOT GO TO THE ITHACA VETERAN VOLUNTEER FIREMEN ASSOCIATION AS THE ITHACA CHARTER NOW STIPULATES UNLESS THE ITHACA VETERAN VOLUNTEER'S TOOK OVER THE TASK OF NEW RECRUITMENT AND PERHAPS HOUSED THE CONSOLIDATED (8) COMPANIES BECAUSE MOST ARE HOMELESS NOW-WITHOUT STATIONS. THANK YOU FOR LISTENING AS THE VOLUNTEER FIREFIGHTER SYSTEM HERE IN ITHACA IS IN DESPERATE NEED OF NEW MEMBERSHIP NOW. LYMAN BAKER-ITHACA FIRE DEPARTMENT BADGE #3258-COMPANY #2. JOINED 1961 74 MARY STREET ITHACA ,NY 14850 607-272-6274 Mary Russell mom: Mary Russell went: Monday, December 08, 2003 3:24 PM To: 'Noel Desch' Cc: 'mhall@pfaconsulting.com'; 'jean @tompkinschamber.org; Catherine Valentino; Dan Walker Subject: RE:Joint Interceptor Agreement-Public Hearing Noel, We are disappointed with your email message. It illustrates a clear lack of neutrality. The main problem here is the City representatives' refusal to meet face-to-face with us so we can clear up all the misconceptions and rumors they have been operating under. While we appreciate the time you have spent as a lay person trying to resolve this issue neither Cathy nor I have ever seen professional mediators such as Mike Hall enabling and even sanctioning opposing sides NOT meeting to resolve their dispute. In the process that has taken place we have had no opportunity to tell the City when what they were asking for was unreasonable nor has there been any opportunity for the establishment of trust. Showing sympathy for and advocating for provisions the City is suggesting which are completely unreasonable in the Town's view and for other provisions which deal with problems that don't exist does nothing to move us forward. The solution to this problem should have been face-to-face meetings to clear up the misinformation. The regional solution will only become a reality if ALL parties believe they have been treated fairly. We believe what we have offered to the City is not only fair but in some parts (pump stations)generous. ,�r positions on what you see as the outstanding issues are the llowing: t. Whether to include interest charges for late payments. The Town of Ithaca has never been late with a payment to the City and the Town is financially sound, so this is a non-issue. Nor do we have a late payment charge in any of the intermunicipal agreements where we are parties, including the Bolton Point agreement where the Town of Ithaca is fiscal agent for five municipalities. This is no way to establish trust. There is apparently some confusion in the minds of the City representatives about the Town of Ithaca and Town of Dryden's bilateral action in invoking the dispute resolution clause contained in the SJS agreement and our return to a SJS budgetary system which complies with the SJS agreement requirement of using any surplus funds in the next year's budget. At no time were City funds used to front expenditures at the sewer plant, only our joint surplus SJS funds were used. The real issue here is the failure of City representatives to meet with Town representatives to resolve the disputes about matters such as the failures to comply with the agreement, the hidden overhead charges and failure to comply with our requests for information. We would, therefore, be willing to recommend to our Board that we add a monetary penalty clause for failure to participate in dispute resolution meetings to our agreement. 2. Provision for a percentage charge for City collection system for overflow events. Our position is that the percentage share of capacity we are purchasing in the interceptors is adequate to accomodate Town flows even in high water events. If the City inflow problem forces Town flow into the City collection system, we don't see why the Town should pay more. Aaat additional costs would the Town be causing to the City system? �. Sharing of revenues from outside users of the High School interceptor. We are purchasing 41% of the capacity of this interceptor (and all of the others) . The right to make revenue from the use of the 1 interceptors that we are purchasing is a basic ownership right. The City is free to sell their capacity in any of the interceptors or the .' sewer plant just as we are. Our position on this parallels the provision on sale of capacity in the revised SJS agreement (Section 18.4) 4. Payment for usage of small portions of the City collection system (normal flows) . A sentence addressing this issue inadvertently got left out of our draft. Where the Town uses small portions of the City collection system, those areas will be specifically identified in Exhibit C. We will determine our percentage flow in those lines by water meter readings and pay that percentage for both actual O&M and capital projects. This will render the need for a system-wide percentage reimbursement unnecessary. Mary Mary Russell Deputy Supervisor Town of Ithaca 215 N. Tioga St. Ithaca, New York 14850 (607) 273-1721 MRussell@town.ithaca.ny.us -----Original Message----- From: Noel Desch (mailto:nd26@cornell.edu] Sent: Monday, December 08, 2003 9:22 AM To: Catherine Valentino Cc: Mary Russell; mhall@pfaconsulting.com; jean@tompkinschamber.org Subject: Joint Interceptor Agreement-Public Hearing Hi Cathy, I look forward to the public hearing this evening and a good airing of the two draft agreements before us. I hope the Town Board will not approve the Dec. 5 Town draft, but rather will adjourn the hearing until your special meeting later this month. The basis for the adjournment is the following: 1. The City only received the Town draft late Friday Dec. 5. 2. The engineers need to meet to reach agreement on the content of Exhibits A-1 and B-1 3. The Town draft, among other things does not address payment by the Town for the maintenance of the portion of the collection system that the Town will continue to use under normal and high water conditions. 4. The Town draft does not address at all the three issues we discussed in the joint meeting on Friday. In my judgment premature approval of an interceptor agreement on the sole basis of the Town Dec 5th draft will destroy the possibility of achieving the regional solution that everyone has worked so hard to achieve. It is also likely to seriously undermine all of the gains in intermunicipal cooperation made over the past 20 years and eliminate the possibility of building a trusting relationship with the City for many years. I trust you will share this with the Town Board this evening. I would rather not read 2 `fr it into the record of the hearing, Thanks, Noel 3 Tee Ann Hunter �)m: webuser@town.ithaca.ny.us went: Friday, December 12, 2003 2:33 PM To: townclerk@town.ithaca.ny.us Subject: Data posted to form 1 of http://www.town.ithaca.ny.us/Feedback.htm department: Town Board MessageType: Praise Subject: (Other) SubjectOther: Zoning Username: Bruce Brittain userstreet: 135 Warren Road usertown: Ithaca UserEmail: bsb6@cornell.edu UserTel: 257-0639 UserFAX: B1: Submit Comments: TO: Members of the Ithaca Town Board FROM: Bruce Brittain RE: Zoning Thank you for having the courage to stand up for your beliefs in spite 1004, an overwhelmingly non-supportive showing of residents (and n-residents) at Monday night's Town Board meeting. Although most of the speakers said they were farmers, many of them talked like developers. And I must admit that Doug and I had a little difficulty understanding some of their arguments (for example, that the only way to keep their land in productive farming was to allow them to sell it off for medium density residential development) . If they really wanted to keep their land in production forever, as many seemed to imply, then it shouldn't matter if the value of their land dropped or if the development potential were reduced. Many speakers also complained of a "taking" (reduced resale value of their land) , but no one seemed to pick up on the associated "giving" (reduced property taxes and the potential for the purchase of development rights) . Realistically, the only way to keep farm land in production is to make farming more attractive than development. Again, thank you for doing the right thing. It wasn't until today that I was able to sort out my thoughts; I'm sorry I couldn't have been more eloquent at the meeting. Happy Holdays to you all. --Bruce 00ft\ 1 IT CITY OF ITHACA 108 East Green Street Ithaca,New York 14850-5690 3 OFFICE CEP TH,E3 MAYOR, ALAN J.C OHE:N Telep otm 607/274.6501 Fax: 607/274.6526 12/30/03 Pols. Cathy Valentino, Supervisor Town of Ithaca 215 N. Tioga Street Ithaca, N.Y. 14850 Dear Cathy, I am writing to apologize for the recent actions of the city regarding the awarding of the contract for the phosphorus removal project.. I must take some responsibility here because I had not read the town resolution carefully enough to notice the additional resolved. Had. I seen that, we would not have moved forward with this. I agree with you that the city's actions in this matter do not reflect well on the city or our relationship with our partners at the wastewater plant. I also agree that the city has in some cases in the past acted unilaterally, and in order for our partnership to succeed, this can no longer happen. I understand your position about not committing to pay for your share of the cost of the project at this tirne. I am confident that we will receive the fully executed contracts from the state in the near future, and hopefully this situation can be resolved to everyone's satisfaction. Regardless, it will not resolve the underlying issue you have spoken of. I arra copying this letter to Mayor Peterson, with whom I had already discussed some of these issues before receiving your letter. I know she is committed to a goad working relationship with our partners and will pay attention to the important details. As we are poised to sign a new agreement with our partners that should Lead to an improved relationship, I am optimistic that our partnership will indeed succeed .and improve in the future. ,0001% Respectfully, 019*1 cc: Mayor Peterson 'An Equal Opportunity Finploycr with an Affirmative Action Pr(Mram' any