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HomeMy WebLinkAboutTB Correspondence 2009 STATE OF NEW YORK — DEPARTMENT OF TRANSPORTATION RECEIVED TRAFFIC AND SAFETY DIVISION JAN 0 6 2008 STUDY NO.: 3080195 NOTICE OF ORDER FILE: 50.12-13 Town of Ithaca TROOP: C THE DEPARTMENT OF TRANSPORTATION HAS FILED AN ORDER WITH THE SECRETARY OF STATE WHEREBY: SECTION: 1050.12 SUBDIVISION: (t) PARAGRAPH: OF THE DEPARTMENT'S REGULATION IS 0 ADDED ❑ AMENDED to read as follows: 1!7 REPEALED t) 45MPH on Route 13, SH 454, between RM 1111,5± (Route 327) and RM 1126± (0.2± mile southwest of Ithaca city line), a distance of 1.5± miles. 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. I _ 1012108 APPROVED BY: �i,a r ��r Regional Traffic Engineer (DATE) (SIGNATURE) (TITLE) DESCRIPTION: Order reduces 50 MPH speed limit to 45 MPH on Routes 13/34/96 southwest of Ithaca city limit. COUNTY: Tompkins LOCALITY: Town of Ithaca OTHER RELATED ACTIONS ❑ NONE M Identify: repeal 1050.12 (1) cc: ❑ CITY ❑ POLICE DEPARTMENT VILLAGE ❑ SHERIFF i<. REGION 3 TRAFFIC ENGINEER TOWN STATE POLICE OTHER - Specify: Cortland/Tompkins Residency COUNTY SUPT. ❑ PERMITTEE TE 3e (8108) RECENVEID; STATE OF NEW YORK— DEPARTMENT OF TRANSPORTATION JAN U b 201 TRAFFIC AND SAFETY DIVISION Town of Ithaca STUDY NO.: 3080195 Town Clerk NOTICE OF ORDER FILE: 50.12-13 TROOP: C THE DEPARTMENT OF TRANSPORTATION HAS FILED AN ORDER WITH THE SECRETARY OF STATE WHEREBY: SECTION: 1050.12 SUBDIVISION: (1) PARAGRAPH: OF THE DEPARTMENT'S REGULATION IS ❑ ADDED ❑ AMENDED to read as follows: x' REPEALED -. 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. -� 1011108 APPROVED BY: CLLt ��'' �,rxf/ Regional Traffic Engineer (DATE) (SIGNATURE) (TITLE) DESCRIPTION: Existing 50MPH speed zone on Routes 13/34/96 to be reduced to 45MPH. COUNTY: Tompkins LOCALITY: Town of Ithaca OTHER RELATED ACTIONS F7NONE 1`777 Identify: add 1050.12 (t) cc: ❑ CITY ❑ POLICE DEPARTMENT ❑ VILLAGE ❑ SHERIFF LA REGION 3 TRAFFIC ENGINEER TOWN ❑ STATE POLICE ❑ OTHER - Specify: Cortland/Tompkins Residency ❑ COUNTY SUPT. ❑ PERMITTEE TE 3e (8/08) - 1 - CITY OF ITHACA [ r _ _ 108 East Green Street Ithaca, New York 14850-5690 V~�• 'www # _�••;*� '': IM qg� d� DEPARTMENT OF PUBLIC WORKS ��ip"'�••.••• •'�►� \William J.Gray, EE. Superintendent / City Engineer Telephone: 607/274-6527 Fax: 607/274-6587 January 8, 2009 Carolyn K. Peterson, Mayor City of Ithaca 108 E. Green St. Ithaca,NY 14850 Ms. Mary Ann Sumner, Supervisor Town of Dryden 93 E. Main St. Dryden,NY 13053 Mr. Herbert J. Engman, Supervisor Town of Ithaca 215 N. Tioga St. Ithaca,NY 14850 .•-. RE: Pretreatment Requirements for Wastewater from Drilling Gas Wells Dear Mayor and Town Supervisors: Attached for your use is a copy of recent correspondence from NYS DEC concerning pretreatment of gas well wastewaters. Under the Joint Sewer Agreement between the city and two towns, enforcement for the sewer use laws and the industrial pretreatment program lies with the SJC. However, the city and towns have the primary responsibility for industrial wastewater discharged into their sewers and control who uses their sewers. While treatment of wastewater generated outside of our service area would be a joint decision made at the SJC, it is possible that individual entities may wish to respond to requests for wastewater treatment of wastewaters generated within their municipal boundaries. Usually industrial wastewaters are relatively consistent because they are generated by a manufacturing process which is repeated or continuous in nature. Wastewater generated from the horizontal drilling of gas wells may prove to be highly variable, depending not only on the site of the well drilling but on the drilling company itself. Regulation of the wastewater stands the chance of being relatively short in duration and requiring a lot of quality control monitoring in order to assure that it meets pretreatment requirements for discharge to the municipal sewer. My reading of the DEC's correspondence leads me to believe that they regard this as a fairly complex industrial waste and they want to put us on notice, as the permitees for the 'An Equal Opportunity Employer with a commitment to workforce diversification." V t Mayor and Town Supervisors Page 2 January S,2009 wastewater treatment plant,that they will hold us collectively responsible for the operation of the n plant and it's discharge to the receiving waters. Their correspondence seems to indicate that the acceptance by a municipality of this type of waste would require careful coordination with the plant and the DEC. It appears that a special headworks loading for the plant would be required based on the analysis of the wastewater. Since the wastewater plant is currently undergoing a headworks loading study, if any municipality were contemplating accepting these kinds of industrial wastes,this would be a good time to request the additional work done. It is possible that the SPDES permit for the jointly owned plant may need to be modified in order to accept any gas drilling wastewater within the collection system. That decision will be made by the DEC based on the headworks analysis. If you or your staff have any questions on the enclosed material, you can contact Jeff Soule, Chief Operator,Erik Whitney, Assistant Superintendent,or myself, as well as the NYS DEC. Very truly yours, William J.J. Gray, P.E. Superintendent WJG/kdg Enclosures cc(with DEC correspondence): Jeff Soule, Chief Operator, Wastewater Treatment Plant Erik Whitney,P.E.,Assistant Superintendent, Water& Sewer Division Wade Wykstra, Chair, SJC New York State Department of Environmental Conservation Division of Water Bureau of Water Permits, 4"' Floor 525 Broadway, Albany, New York 12233•-3505 'hone: (518) 402-8111 • FAX: (518) 402-9029 Website: www.dec.ny.g0v Alexander B.Grannis csmrnissioaer� December 8, 2008 ITHACA(C)& (T) &DRYDEN(T) f DEC 2 -2008 108 EAST GREEN STREET n-HACA,NY 14850 - Re: Pretreatment Requirements for Hydrofracturine Gas Well Fac es = --� ITHACA AREA WWTF, NY0026638 Dear Permittee: Attached please find the Division of Water's Guidelines for Disposal of Spent Drilling Fluids to Publicly Owned Treatment Works (POTWs) and Pretreatment Requirements for Hydrofracturing Gas Well Facilities. These requirements apply to the receipt of well development and production wastewater from hydrofracturing wells. The Division of Water(Division)has become aware that a number of drilling companies have approached POTWs to accept hydrofracturing wastewater from the development of natural gas wells. Please be advised that this wastewater may only be accepted by POTWs with approved pretreatment or mini-pretreatment programs and an approved headworks analysis for this wastewater source as described below and as required by your SPDES permit. In addition, this source of wastewater may only be discharged utilizing all treatment processes as provided by your facility. Admixture of untreated hydrofracturing return water or other well development water to the treated effluent of the POTW is not allowed. Improper handling could result in noncompliance with terms of permit or ECL and formal enforcement actions. The large volumes of return water from hydrofracturing well development in the Marcellus Shale and other black shale formations combined with the diverse mixture of chemicals and high total dissolved solids (TDS)that exist in both hydrofracturing return and produced water requires that the permittee handle these fluids in accordance with their permit and the Division's Guidelines and submit a headworks analysis to the Department for review in accordance with TOGS 1.3.8. It is noted that specific information regarding these fluids, such as chemical makeup and aquatic toxicity, will be required for this analysis. The Division.is developing a form, similar in concept to the attached Form WTCFX, which may be used to simplify and expedite the evaluation process. Department approval of the headworks analysis, and the modification of the POTW's SPDES permit if necessary, must be received prior to the acceptance of frac fluids, drilling fluids or other return water from the development or use of these wells. Please note that the high concentrations of TDS present in this source of wastewater may """"` prove to be inhibitory to biological wastewater treatment processes. It has been noted that the f concentrations of TDS in the return and process water increase over the life of the well. The expected concentrations of TDS for both the initial hydrofracturing return water as well as for the ongoing well operation should therefore be considered in the development of the headworks analysis. It is incumbent upon the POTW to determine whether the volumes and concentrations of chemicals present in the hydrofracturing return water would result in adverse impacts to the facility's treatment processes as part of the above headworks analysis. The Division is currently working with the Division of Mineral Resources to evaluate the requirements for acceptance,handling,and discharge of hydrofracturing return and production . wastewaters. As part of that evaluation,the Division may propose monitoring requirements for Total Dissolved Solids to determine the levels of TDS that are being discharged from POTWs which accept hydrofracturing return and production wastewaters and whether these levels will cause or contribute to water quality violations or other adverse effects in the receiving water. The Division is currently in the process of building its knowledge base with respect to wastewater treatment plants that accept or have been approached to accept wastewater from hydrofracturing operations. Please contact Brian Baker of my staff at(518)402-8124 or brbaker@gw.dec.state.nv.us if you are currently accepting hydrofracturing well wastewater,or if you have any questions regarding the above referenced requirements. Sincerely, Alan A. Fuchs,P.E.,Director Bureau of Water Permits Division of Water,NYSDEC Distribution: CC: Regional Water Engineers J.DeZolt M.Klotz B.Baker S.Mitchell C.Webber K.Kosinsld M.Holt P.Freehafer S.Crisafulli J.Dahl,DMR K. Sanford,DMR C.Friello,DMR �1 New York State Department of Environmental Conservation Division of Water, 4"' Floor 525 Broadway, Albany, New York 12233-3500 Phone. (518) 402-8233 • FAX: (518)402-8230 Website: www.dec.ny.gov Alexander 8 Grannis Commissi--ner OCT 10 2008 TO: Re-sional water Ln-ineers FRONT:' Jim DeLolt, Director, Division of Water _ Subject: Guidelines for Disposal of Spent Drilling Fluids to Publicly Owned Treatment Works (POTWs) As a result of the recent interest in drilling wells for exploration and extraction of natural gas lF0111 thr \1:1rC'CIIL$ Shale tOrrmtion. Dl\-islon of Water stall have been receiving increased in,luirics re!-ardin4a the dispersal of spent drilling fluids. There are several regulations and �wt�idelil�c t l c<Ir�trol disposal at a Publicly Owned Treatment Works (POTW) that were established to l):-otect treatment plant operations, and meet permit effluent limits and water. quality standards. Attached is the list of regulations.and guidelines, each with a short description of what must be considered for the approval of disposing spent drilling fluids at a POTW. In addition to meeting SPDES permit requirements, the intention of the regulations and guidelines is to assist PO1-Ws in getting the disposer of the.spent fluids to disclose relevant informations regarding the receiving quantitj, chemical composition, toxicity and treatability of the spent fluids. Questions regarding the proper transportation of the lluids from the drilling site to the POTW should be referred to the Division of'Solid and l lazardous \laterial�. When receiving inquiries on this practice, please ensure that these guidelines etre followed. Failure to follow these guideline may result in enforcement for violations of the SPDES Regulations - Part 750, discharging a substance without permit authorization and violation of water quality standards. "The Division will pursue enforcement related to treatment plant upsets caused by non-compatible wastes and violations of SPDES pen-nit limits. Please contact Joe DiMura, Director, Bureau of Water Compliance if you have any questions. cc vviattaehments: Bureau Directors E. Dassatti B. Field B. Baker J. Ticrnev A. Crockcr S. Crisafulli New fork Stare Department of Environmental Conservation Division of Water, 4`h Floor X11 325 B,oad,r.,a . Albany, New York 12233-3500 Phone: 51 8;! _02-8%33 • FAX: (518; 402-8230; Website: www dee ny.gov Co�nn �ssion�• NYSDEC Division of Nater Guidelines for Disposal of Spent Drilling; Fluids from Hydro-fracturing Well Development to I'uhliciv Owned Treatment Works The following regulations and guidance are applicable to any nexv or increased discharge of hvdrofi_acturing water to a €'O" \\.:: 1. TOGS 1.3.8 - New Discharges to POTWs This guidance was developed to assist permit writers in evaluating the potential effect of a new, substantially increased, or changed non-domestic discharge to a POTW on that facility's SPDES permit and pretreatment program. The Division must determine whether the POTW has adequately evaluated the effects of the proposed discharge on POTW operation, sludge disposal, effluent quality, and POTW health and sagely; whether €,lee discharge will result in the discharge of a substance that will be subject to effluent limits. action levels- or other monitoring requirements in the facility's SPDES permit; and Ndietherthe proposed dl��charge contains any Bioaccumulative Chemicals of'C'oncern or pCrsistcrtt toxic SL!bSTM1(:CS thatrna\ he subiCCI to SPI -I'S cflluc€rt limits or other Departmcntal permit requirements or controls. Appendix C. Guidance for Acceptance of New Discharges, describes the analyses and submittals nccessary for a POTW to accept a new source of wastewater. .Appendix C can be found on the internal website. 1-lydrofracturing water must be fully characterized prior to acceptance by a POTW for treatment. Please note in particular Appendix C. 1V, "Maximum Allowable Headworks Loading." The POTNV should perform a MAH W analysis to assure that the hydrofracking wastewater will not cause a violation of the POTW's effluent limits, sludge disposal criteria. or inhibition of the POT W's treatment processes. Hydrofracturing water may contain inhibitory amounts of'dissolved solids, as �vell•as an elevated pH, residual hvdrofracturing additives, and potentially barium or other radioactive substances subject to regulation under Part 380- 2. Water Treatment Chemical Forms Hydrofracturing entities must follow the procedures set forth by the Department's existing Water Treatment Chemical guidance and submit a copy of Fon-€ WTCFX (attached and also available on the internal website) for each proposed chemical to identifj? active ingredients and toxicity of hydrofracturing additives being used at their ,,,�, Facilities. These ingredients have, in other areas of the United States, been subject to "trade secret"and other confidentiality claims. It is allow-ablc to have the actual ingredients in the hydrofracturing additives be submitted under cover of confidentiality, In no case shall a hydrofracturing additive be approved or evaluated without aquatic toxicity data. While the purpose of the water may be injection deep into the aquifer system, onsite practices such as open storage of hydrofracturing fluid may result in the inadvertent discharge of these fluids to the waters of the State. 3. Part 750 The permittee must operate in accordance with 6NY•CRR Part 750. Particular sections of Part 750 that may be applicable to the treatment and disposal ol'hydrofracturinz wastewaters include Part 750-2.8. Disposal System Operation and Quality Control. which provides restrictions and guidelines on the quantity and quality of wastewaters acceptable by the POTS' ; Part 750-2.9, " Additional Conditions Applicable to a Publicly Owned Treatment Works" which references pretereatment requirements that may be applicable for the discharge of' hydrofracturing fluid to the POTW;and Part 750-2.10, "Special Provisions -New or Modified Disposal Systems" which contains conditions that may be applicable should additional or modified wastewater treatment facilities be required to treat hydrofracturing wastewaters. 4. 40 CFR Part 403: General Pretreatment Regulations for Existing and New- Sources of Pollution Part 403 applies to non-domestic waste discharged to POTWs, and establishes a bread range of requirements regarding the acceptance and pretreatment of wastewater. POTWs will need to meet the applicable requirements of hart 403 in addition to any State requirements regarding the discharge of hydrofracturing wastewaters. 5. SPDES Application Form NY-2A POTWs must submit the applicable sections of Form NY-2A should a permit modification be necessary due to a new or increased discharge of a pollutant as the result of the acceptance of hydrofracturing wastewater. 6. Inhibitory levels of pollutants such as pH and Total Dissolved Solids pH- The DEC Model Sewer Use Law(1994 Revision) says that the pH for discharges to the sewer should be between 5 and 10. SPDES limit for an effluent pH is commonly 6 to 9. Total Dissolved Solids(TDS) - The anions and cations that are combined as TDS will essentially pass through the plant untreated and be will reduced in concentration by dilution. They may interfere with settling as it affects the density of the wastewater. Rapid or sudden changes in TDS concentrations does affect the microorganisms. Research indicates inhibitory levels of'chloddes on nitrification in the range above 4000 mg/I. Y 7. Enforcement DEC will pursue enforcement for: violations to Part 750, discharging a substance without permit authorizations and violation of eater quality standards. DEC will also pursue enforcement related to treatment plant upsets caused by non-compatible wastes and violations of SPDES permit limits. NYSDEC - Division of Water !rater "Treatment Chemical (V1 TC) Usage Notification Requirements for SPDES Permittees Instructions huge Note: All nLtucstl:d inf01-111ati(,11 leafs[ heal flied. Incom eic su,missi(x1: gill not he re 7,,ed. Aa,Ilcahility NeW or increased use rl'a IXIV requires prior DEC review and au Ili orizaIIon.At a tit iniIli uill.the permittee Ill tIst 11t I the i F,.0 in writinlL, ofits intent to chanoe WTC use. The DFC will review that submittal and determine il'a formal SPDES permit nx)dification is necessary orwhet her WTC review and authorization may proceed outside of the 16rmal permit administrative process. The majority of WTC authorizations do not require forpial SPDES permit modification. Notification requirements are summarized below. WTCs which are used in closed systems and cannot be dischar-ed or those which are discharged to municipal STP do not require DEC review. Examples of 1N-'TCs include,biocides,coagulants,conditioners,corrosion inhibitors,defoamers,flocculants,scale inhibitors,sequestrants, and settling;aids. DEC staff may also direct you to use this firm for review andauthorization of substances,other than W-fCs. which could he present in wastewater, c.g. process chemicals. Notitica_iun._RCULtirCll�cnts and instructions I:ur tach lICW or Increased Ilse ofa 1�'"I'C',please complete items 1 a,and 2- 14 on the attached 3 page form.entitled WTC Usage Notification Requirements for SPIES Permittees. Altrrnulirrll the permittee n1av, at a rllininttln;. complete llelns I a.?-9 and 1.1 then forward the form to the 1 K.7 manufacturer who must then complete the renlailling items (10 - 13) and items lb and IS. The manufacturer must then send the completed Ibnn directly to the permit writer. This alternative method may be necessary because the WTC manufacturer may be reluctant to reveal trade secret product formulations to the ermittec.' Fax or Mail the completed form to: Permit writer: Telephone: Fax: Address: Outfal l WTC Concentration- IJtQF'lie'1'ill. �l hell L'(7I11pIL'[]llti lteln 7b.the average mg'I should be detcnnined by dividing the avcrauc dosaue in ha by the average floe•in 7,1 and then dividing by 8.14:the nlnxInlunl m-1'.,1100 Id he detel"Milled by dividing talc nlaxini ull dosage in 6a by the[average flow in 7a and then dividing by M,4. ilntrevvr•, lbr•hlowdu«ns which are highly intermittent or arc not tributary to a treatment system or some R)rn1 of equalization. it play h, appropriate to factor in the information in item S when completimi item 7b. Toxicity Information- When completing item 13.please ensure that the tests were conducted in accordance -,lith the EPA Toxicity Manual and that the results are for the appropriate receiving water(i.e. fresh water or salt water).: In general,submissions which do not include any toxicity information will not be authorized. Submissions containing incomplete toxicity information will be reviewed-using conservative safety factors which may prevent authorization or result in the permit being modified to include routine whole effluent toxicity testing or other monitoring. Phosphorus-1'hc permittee must demonstrate that the use arld discharec ofany 1>i*I't's curtaining phosphorus.tributary to the Great Lakcs Basin or other pondecl waters, i•necessary and that no acceptable'altcl•1latives cxi�zt. Please note that in sonic cases your permit may require modification to regulate phosphorus. After reyickving the submission, file permit writer will complete itetlls 16 and 17 and fax or mail a Lope of the completed firm to the person identified in item 2.c and, if appropriate, to the facility inspector. Common Reasons Which Prevent Letter Authorization of a WTC 0 Submission of incomplete or inaccurate information. 0 11igh WTC toxicity compared to available receiving stream dilution or other predicted water quality contravention. 0 Department review indicates that a SPDES permit modilication is necessary. Footnotes: 11) rt'rctitw,Wd.the nepanmem wit resme:access to Ira&secret inhmikatiun to the estenl a1111111rVed t14 law (') sohmisoon or Istel,acute(48 or 96 hour LC:5O or EC5O)and rhrunir INOEC)trcl results to;al lean onr serlehrate and ane in,crtehrale species are required. mere,to Ih:-following:htce i nnuala. )fpr\wM 4-10 0=7I'(1993, I.TA.600.I 91 002 i 19441. MIA io)o 4.,,:.Out 1199-1),of d:en Iv lriT\q3 O' NYSD1.C: - Division of Neater NVater Treatment Chemical (\1`TQ Usage Notification Requirements for SPDLS Permittees Page 1 of Note: All reciticsted information num be supplied. Incomplete submissions lvill not be reviewed. Permittee completes items la and Z - 14. Alternatively, the permittee may,complete items la, 2- 9 and lit if the WTC manufacturer completes items lb, 10- 13 and 15. See instructions page. 1.a. Date Signed by Permittee - Lb. Date Signed"by WTC: Manufacturer - 2.a_ Permittee Name- 2.b. SPDES No. - NY p 2.c. Contact Name- 3.a. WTC: Name- 3.b. WTC Manufacturer- 4. V IV Function.- 5. Affected Outfall(s)- outfalls 6.a. WTC Daily Dosage: average lbs/day = ,maximum lbs!day 6.b. Dosage Frequency: nlinutes!day= days/week = 7.a. Outfall Flow Rate: average MGD = maximum MGD 7.b. Offlftll WTC Concentration: average nl 'I _ maxiinum tllgil &a. System Blowdown Flo%+• ltatc: average gpm tntlxin1ur11 Ppm = S.h. Svstcw? Blowdown Frequent:)': 111111utes/daydays%vcek 9. List measures in place to ensure that c.\cessive levels of WTC arc not used and subsc,lucnllr discharged - IO.a. WTC Composition - Ingredientsilnlpurities 10.b. % IO.c. CASH I O.d. Outfall (note: ingredients'inlpurities must total to 100%) Concentration tng.'1 • mgll mo;l • nl�i I 111g1 l 111gi l �, l O.e, lntcrnlediatc;Tinal Degradation Products - NYSDEC - Division of\Pater WTC Usage Notification Requirements for SPI.)ES Permittees n Page 2 of 3 La. Date Signed by Permittee - I.b. Date Signed by WTC Manufacturer- 2.b. SPUES No. - NY p 3.a. WTC dame 11. WTC BOD mid COD Oh:lb) - 12.a. Is WTO'a NYS registered biocide? 12.b. Reclistrat.ion Number- 13. WTC Toxicity Info(most sensitive species) - Attach description of endpoint for each FC50 and LO FC. 13.a_ Vertebrate Species LC50 EC50 No [:(" LOEC Other- n14r1 111 L'1 illc l 1114.•'1 13.b. Vertebrate Species LC50 EC50 NOEC• LOI C' Other- nlgil nle 1 mg I Mel.;l 13.c. Invertebrate Species LC50 EC50 NOEC LOEC Other- mg/1 nig/l m_1A mg/l 13.d. Invertebrate Species LC50 EC50 NOEL LOEC Other- mgfl mg'I rngll rne,0 �1 13.c. Species LC50 EC50 NOEL LOEC Other- nlg!1 n141 nl,:l mea 14. Permittee Certification - I certily under penalty oflaw that this notiticati,on and all attachnletlts are. to the best of my knowledge and belief, true,accurate and complete. The generic VTC usage requirements noted below will be adhered to. PRINT NAME - SIGNATURE - TITLE.COMPANY - TELEPHON.E- FAX- 15. WTC Manufacturer Certification -I certify under penalty of law that this notification and all attachments are,to the best of my knowledge and belief, true,accurate and complete. PRINT NAME- SIGNATURE- TITLE/COMPANY- TL•LEPHONE - FAX - Fonn%V IVV X 1 02 NYSDF.0 Division of Water WTC Usage Notification Requirements for SPDES Permittees Pace 01- La. Date Signed by Permittee - H). Date Signed by W7C' \4anUf'UC1UFC1'_ -):b. SPI)r-,S No. - NY 2.c. Contact Name - 3.a.. WTC Name- 6.a. Avg/Max Daily Dosage= I lbs/day, Generic WTC.Usage Requirements A. WTC use shall not exceed the rate reported to the permittee or authorized below,whichever is less. B. The discharge s'hall not cause or contributeto a violation of water quality or an exceedance of AWQC. C. The permittee must maintain a logbook oral] WTC use,noting foreach WTC the date,time,exact location,and amount of each dosage, and, the name of the individual applying or measuring the chemical. The logbook must also document that adequate process controls are in place to ensure that excessive levels of WTCs are not used and subsequently discharged thro'u gh outfalls. The pennittee shall retain the logbook data for a period ot"al least 3 years. This period may be extended by request of*the DEC. 1). 'Fhe permittee shall provide an annual report. attached to the December D.MR. containing the 1161lowill" information l'O[-each OLlilall-. the C1.11-rent list o1VTCs authorized for use and discharge by the DEC, for each WTU the amount in pounds used during the year, identification of authorized WTCs, the permittee no longer tiscs, and any other pertinent information. Items 16- 17 must*be completed by NYSDEC permit writer. 16. Review Decision (check the appropriate box Fax or niad a copy v/the conipleted.lbrin to the 1)envoli.' identffied in iiem 2.c and. !fapjwopi-iaie, to the,filcilif v inspt'(101% Fhe proposed WTC usage may procccd as proposed without permit modificationsub.icet to the conditions noted above. The proposed VVTC usage may not proceed I'Or one o±'the following dircc reasons: As noted below, the information provided is insufficient to complete our review. As noted below, the SPDES permit must first be modified to add new requirements. As noted below,'thc proposed use is prohibited. 17:Permit Writer Int'ormatior1'. PRINT NAME- SIGNATURE - TITLE- DATE - ADDRESS - LELEPHONI: - FAX - T New York State Department of Environmental Conservation A Y Division of Water a Bureau of Water Permits, 4"'Floor 625 Broadviay. Albany, New York 12233-3505 Phone: (518) 402-8111 • FAX: (518)402-9836 Website: kvvV.,.dec state.ny.us M1 MORAN1) Uill f_. FLIC}ls. Director, Bureau of % Ater Permits i^ SUBJECT: Disposal (lf Stmt Drilllnzg� Fluids to Publicly Owned 'Freatincnt k�.'nrks (1101-Ws) DATE: October 21, 2005 On (7etc16er 10. 20031. ne7olt sent guidelines to yelu regarding disposal of spend drilling fluids to publicly owned treatment works (POTWs) (.ntachmc:nt ,''1). ,The attached "Pretreatment Requirements titr Hycfrofracturing Gas well facilities"(attachillent Ir'2) is to Sttpplr;lnent N11" DeZolt's memo in order to address Concerns raised regarding the potential for facilities to be acccptlr1" this waste sireanl or 1Viiste streams form (Dt11Cr tnics 01 Lyell development or production and 11avi1tg pCrforined the regUIred aimlySls Contained in TOGS 1.3.8. The attached Yuida]10:e. provides 11101-e direction with respect to the requil-C111CIIIS Of TOGS 1.3.5. I1 4(l LI lliik C ani' (ILtlj11(111S r4;i-'.rrding this `4U1dance oi- the 10:10.:OS nein[, please Contact Brian Baker of (5 18) 402-S 124. CC: W;3ttachrzlCrlts: 1`31.11-cati Directors J. I)Czolt R. Draper E. Dassalti B. Field 1. Dahl B. Baker 1, Tiernev A. Crocker i S. C'risaf'L1lli Pretreatment Requirements for 1-1vdrofracturinU Gas Well Facilities TI:e 1?rX'i,ion orwatcr has de eloped '•(.;uidchnes for Dispclsal of Spent Drilling Fluff{ls from I l dro-Iracturinu Well Development 141 PLIhliCly Owned Treatnlcnl Works ("Guidelines") for use by its staft•in its review of these applications. This \vas distributed oil t(I 10'05 through a memo fi0nr J, 1)e/..olt to the Rcl_iona! \- atter Engineers. As part Ofthese I�uidelines. the pretreaiment t'c"ulations and.requirements have been idewilied. •This document expands upon and clarifies tile.implementation of these requirements for both horizontal and vertical wells. The Division of Water share's pretreatment program oversight and approval authority responsibility with the USE.Pry. Indirect discharges to Publicly Owned Treatment Works (POTWs) are regulated by 6NYCRR Part 750-2.9(b), National Pretreatment Standards, which incorporates by reference the requirements serl'orlh under 40CFR Part 403."General Pretreatment Regulations for Existing and New Sources of Pollution. A POTW must have an approved pretreatment program, or mini-pretreatment program, developed its accordance with the above requirements in order to accept industrial wastewater from 11011-domestic sources covered by Pretreatment Standards are indirectly discharged into or transported by truck or rail or Otherwise introduced into 11,07I'Ws. In accordance with Division of Water TOGS 1.3.8, 6NYCRR Part 750-2.9,40CFR Part 403, and 40 CJ-71t 1'22.42, New York State POTW permittees with industrial pretreatment or mini- prctrealment programs arc required to notify NYSDEC of new discharges or substantia} changes in (he volume or cllaracter ofpollutants discharged to the permitted POTW. NYSDEC must then dctcnnine ifthe SPDE•'S permit needs to he modified to account f-off• the proposed dischal'fie, change or increase. This dete'rminatum includes a •headworks analvsis"which requires the pernlittcC '.0 submit it) the 1)epar-tmerlt IM cc ilhUlliOn of whether the permittee has adequately evaivatecl the e171Ccls of a proposal new. increased or clianged discharge on the POTW operation. slud"c disposal;diluent g11,116' and POTXV employee health and safety_ ifthe proposed new. increased or chamwed disch;trgeto the PU l'N ti�ill result in the need lin-a permit modification; and if a proposed new, increased or changed discharge contains ane or more bioaccumulative and persistent substances. Appendix C ol"LOGS 1.3.8 allows for•the acceptance of a new or increased discharge that may 1101 constitute a substantial change in volume or character of pollutants being introduced to the POTW already receiving substantial quantities of industrial waste.. The pennittee is required to conduct a headworks analysis as above; however.prior approval is not required by the Department. Division ofWater TOGS 750-2.9(a)(1)states that all POTWS must provide adequate notice to the Department regarding any changes in the quality and quantity of effluent introduced into the POTW, and any anticipated impact of the:change on the quantity or quality of effluent to be discharged frons the POTW. Noncompliance with this provision, in accordance with the' requirements of TOGS 1.3.8, should result in the pennittee ceasing acceptance of the new or Octol-wr 21. 2003 Page 1 61'6 additional socn•cc of wastc%vatcr until a headw-orks analysis has been submitted to and approved . by the Department. In the case of horizontal hydrofracturing well development in the Marccllus Shale formation. the large volumes of retum water from horizontal well development combined with the diverse mixture of chemicals and high total dissolved solids that exist in both hydrofracturing return and produced water requires that the permittee handle these fluids in accordance with the Division's Guidelines and submit a headworks analysis to the Department for review in accordance with "TOGS f.1.9. Department approval of the lieadworks analysis. and the modification of the POW's SPDFS permit 1Fneecssary. must be received prior to the acceptance of frac fluids. drilling fluids oroil.ier return water front the development or use ol'such horizontal wells. rills requires that the PO•I Ww gust Iia\'e an approved pretreatment or mini-pretreatment program in . place. The requirement for an approvable headworks analysis for the development of vertical \-ells within the :10arcellus Shale and other formations, given the much smaller volumc-s of water needed for the development of these wells, remains dependent upon the penmittec's analysis of the proposed discharge, in volume and quality, in accordance with TOGS 1.3,.5 Appendix C. A list of 1'O"rlws with approved pretreatment programs is attached. These are the only facilities which are currently permitted to consider the acceptance of these wastes. In addition, as staff inspect or visit POTWs they should be asking the facility operator if they are accepting any waste streams From well drilling;operations. If they arc. staff should be assessing whether or not they r.r� have met all the requirements contained in the 10110/083 guidance;previously provided: In addition. all-staff should notify Brian Baker(5183)402-5124 if.they become aware ofany facilit'.' accepting these waste streams or have any questions pertaining to these waste streams. October 2l, 2008 Page 2 of•6 /� Pretreatment face ities and Associated WWIi"I'I's ReTin►► Preu-eattnent Program Facitit�' Si'1)ES Number I Nassata Couniv 1)P11•` - this lacibly is lnwOod STP NY0026441 tracked under Cedar Creel: in PCS. Bay Park STP NY0020450 *"Cedar Creek WPCP l Y0026859 Glen Cove(C) Glen Cove STP NY0026620 Suffolk DPW Sul)olk Co.SD;13-Southwest NY0104809 2 NcNi-York Cies DEP - Wards Island WPCP NY0026131 Owls Head WPCP NY0026166 Newtown Creek WPCP NY0026204 Jamaica WI'CP NY00261 15 North Ri�•er WPCP Nl`0026241 26, `11•ard."PCII M"00_62 t Red I look 1',P0, 1\1'il0'7f1": fal,'.man Isiand \V110, ;\1'0020239 Bowery Ba, \ •PCP tvY002615S Rockaway WPCP NY0026121 Oakwood Beach WPCP NY002617-1 Port Richmond Wl'CP N)'00261()7 Hunts Point WPCP NY0026191 3 su(lern(V) Suffern N. Y0022748 Oran_ctow•n SD?d'_ Vl'0026051 Change County SD ;11 larritt-an STN NY0027901 Newburgh,(C.) Newburgh %V.P('F NY0026310 Wesicl►rster Count. Bind Hrook til'ii0't�71i1 Mamuron"), N 1.Olt20101 New Rochclle NY001669' Ossining NY0108324 Pon Chester NY0026786 Peekskill NY0100803 Yonkers Joint NY0026689 Rockland County SD fit NY0031895 E':u='1►kcepsic(C') 11uugs1►keepatc STP NY0026255 '�rtir 11:ittdstr(1'j \:n ll ind.;,:r 5'f!' NY00224.1h 13cacon(C) Il::rc.rtr STP NY0j25976 .1-Imerxtrax%l,IM! Re ional >cwet Boum Il.t..r.n:.0 l; tr;r Rtei.rn.ri -)Ip l\ W2 i33 �- i_s Kinesion.(C) kung ion(C)W11 TI: NY0029331 4 .Amsterdam(C) Amsterdam ST]' NYQ020290 Albany County North WW'TF NY0026875 South WWTF NY0026867 Schenectady(C) Schenectady WPCP NY00205 16 Rennselaer County SD r1 Rennselaer County SD 41 NY0087971 5 Ptat►shurgh(C) City orPlausbureh WPCP NY00226013 Glens Falls(C) Glens Fall(C) NY0029050 iil,ircr.otHc-.Ir�htzstcy�rn Joint Board NY0026012 October-')1,2008_ Page 3 of 6 San,10,1M County SO .",1 I�Y(ti!'�2•#t, Region Pretreatment Program Facility SPI)FS Number n little Falls(C) Littic FaIls%l'tt''1'11 N>'(1(!_'•101. l li rkimer C'cunty I Icrkimer C ouurt;v SD- Rome l)Rome!C) Rollie XV170: �Y Ut13US� Oulcnshuru (C) City of 0-den:bur,, %kAN"Tl' ti10f 24S I Oneida County k1Tatcrto�r•n NY01;_59 ti:1 7 Auburn(C) Auburn STP NYM2100, Fulton(C) N Y002630# Omve_o(C) We.stside Wimenatcr Facility N-YO029106 }.'astsidc Wastewater Facility NY00291 14 Cordand(C) LeRoy R.Sumni son WTF NY0027561 Endicott(V) Endicott wwu NY00276119 Ithaca(C) NY002663F Binghamton-Johnson City NY00-14414 Onondaga County IMetropolimn Syracuse Nl'tM^7,1�1 13aldwinsvillo.Seneca Knolls NY001057I h9cadowbrnok limesione NY0027'23 Oak Orchard NY00303%17 Wetzel Road NIY00276 i S Canandaigua(C) Canandaigua STP NY002i965 Webster(T) Walicr W. Bradley\ PCP Nl'0021610 ;Vanare STP '339dnnrnc(aunty Frank llL Norilmest Quadrant S rP N1•r'(J?a':I Batavia(C) NYOH")6iI i (icnc\-a(C) Marsh Creek STP N.Y'00270401 Newark(V) \t1'0ti29475 Chemung County Chcmune County SI):=1 NYO036PS6 Chcmung County- Elmira NN'003r-4_ Chemune County- Luker Road NY0_469•IS 9 I\9iddleport(V) Middleport(V)STP NY00223 31 North Tonawanda(C) NYOO_'•6280 Newfane STP(T) NY002 777 4 Eric County Southlowns Erie County Southtowns NY0095401 Eric County Si):1-7 -}3ir,Sister NY00.25-43 Niagara County Magam County SD#;l NY0027979 131asd6l(V} Blasdel) NYbO206SI Bu}Talo Sewer Authority Buf(ato(C) NY6028410 Amhcrst SD(T) NY0025950 Niagara halls(C) NY0026336 Tonawanda(T) Tonawanda(T)SD#2 WW'IP NY00_6395 Lockport(C) N-V002=057 OIean SIT(C) 1,W0027162 October 21. 2008 Pauc 4 til'6 .1alncstown STP((:) VY'O03 ?;J Dunkirk S 1'P(C) NY110'7961 Footnote: •Thcsc NJTW.�;have Industrial Pretreatment Pro!-runs that are f milal1v approved by FIIA in.accordance wilh aU('FR Part /20*1 403. While DEC'Wray review and approve the acceptance uT new di.chargcs lu the POT\1:•,chary_es to the Industria! Preircatntcni Program nilvo be subn;itted io Regit-)n 11 I'T liOr their review and approval, Mini-Pretreatment Facilities 12c;,ian F;rcility SPI?ES Number 3 :lrlI gton WW'•1•P NY0026271 3 Port.1crvis STP NY0(i?6522 \Vallkill co S Tj, — NY'002442' 4 Camyoharic(4`) %AV I'll NY0023485 4 Colonic('I•)Mohawk Vnew•\iT(T NY002'1.'58 4 l=ast Grcenbtuh(T) WWTP NY'0026034 4 floosick f=alls(V)WWTP NYO024821 4 }ludson(C)STP NY0022039 4 Montgomery'co SD#1 STP Nl'0107565 4 Park Guilderland N.E- ND STP NY'00222I7 . 3 Roucrdam(T)SD2 STP NYT0030141 + 1),Ihi(V.; W W'"TI' NY00'02G-5 .4 1jobart (\') \\'WTII N)'002925I ti C avo-ZI l lctght,(\) WAV 111 NY'002058 N'Ioravla(\ ) WWII,P NY0022756 Norwich (C') WWTP NYOU'_1423 7 Oak Orchard S•rP NY003031' 7 Oneida(C)STY NY002695O Owego('T)SD#I NYOU"'30 0%A'eYcv WPCP c;2 N'Y0025798 Sherburne(V)WWTP NY0021466 W'avcrly(V) W\\':TI' NY0031089 Wetzel Road W'W•rl' NY0027618 8 Aeon(V)STP NY0024449 8 13,11)1(V) \4'W'I'I-1 NY0021431 8 Bloomfield(V)WW IT NY0034007 8 Clifton Springs(V)WWTP NY002031! 8 (:lyde(V) WWTP NY0023965 8 Corning(C) W'W'TP NY0025721 8 Dundcc STP NY'0025445 8 Erwin(T)'%VW'TP NY'0023906 8 liolley(V) WI'CP NY0023256 ti I lunoyc Falls(k) WW'rP NY 0025259 I Ioricli(C)W'PCP NY002364' October 21, 2008 Page 5 of 6 Nfirion STP Ontario('r) STP INYCrtt2-171 +- - s sencca Tans(V)ww*rP NY0033309 C \Valwornh SI) ;.I NYOO'_5704 Akron(V) WW*rP NY0031003 9 Ar,ade(V) 1\':4IT \Y0026948 } AniCa(\%) 1M"IP NYOCI21549 9 Lam :Aurora (V)STP NY002.3 16 P (:nt�and;t i1'i NY(11032 0, 1=oolnole: l-he;r 110TWs hay.- Industrial that orc ,th}t:-L%VCd i�•. O.I.V in.ICC0:'::uteC wait I"CIS ]..... $PI)1'.S Pennn I)ovioPntent tnr PC)f h s. Chan e+ to the mini-Itrn,�ran:;:rr tr• he rrvrcwcd :lira approved ht DI C 1 October 21, 2008 Page 6 of 6 —zs RECEIVED FED a � 2009 STATE OF NEW YORK Town of(thaca DEPARTMENT OF TRANSPORTATION Town C!^fk REGION THREE 333 EAST WASHINGTON STREET SYRACUSE, NEW YORK 13202 www.nysdot.gov CARL F FORD, P.E. ASTRID C. GLYNN REGIONAL DIRECTOR COMMISSIONER January 29, 2009 Ms. Karen Billings Town Clerk, Town of Ithaca 215 N. Tioga Street Ithaca,NY 14850 Dear Ms. Billings: RE: REQUEST FOR LOWER SPEED LIMIT ON BUNDY ROAD This is a further response to your December 10 letter and petition requesting a lower speed limit on Bundy Road between Hopkins Road and Sheffield Road. Our traffic engineers have completed their review of this location. Our review indicated that the existing roadside development and highway characteristics justify retaining the existing speed limit. Based on these findings, we have determined that a reduction of the speed limit would not be appropriate at this time. Your interest in this matter has been greatly appreciated. Very truly yours, DIANA L. GRASER, P.E. Regional Traffic Engineer cc: W. Sczesny, County Highway Manager H.J. Engman, Town Supervisor W. Burbank, County Legislator, District 12 Fred Noteboom 1122 Danby Road J V Ithaca, NY 14850 (607) 277-8242 February 10, 2009 Honorable Board Members Town of Ithaca Employees Residents of the Town of Ithaca Ithaca,NY 14850 Dear Honorable Board Members Town of Ithaca Employees Residents of the Town of Ithaca I ask that you consider this correspondence as my letter of inte&to retire as r� Highway Superintendent of the Town of Ithaca effective July ,'2009. Over my twenty-year tenure I have found the job to be rewarding, chaien 'n ,and fun. l g � g But as we all know,in any career there can be times when a job is aggravating and bittersweet. However, this job has never been boring. I will be leaving my position with sadness and many fond memories. I wish to thank the past and present Town Boards,Town employees,and Town residents for their consideration and kindness to me over the years. Rest assured, during the process of leaving I will be happy to assist the Town Board and staff members anyway I can to assure a smooth transition to my successor. I look forward to pursuing new adventures,and wish only the best to all in the Town. My service to the Town Board and the residents will always stand as a rewarding and major accomplishment of my life. Thank you again. Sincerely, /V ,r. Fred Noteboom 4TIME WARNER CABLE PTHE POWER OF YOUTm February 12, 2009 Dear Time Warner Cable Municipal Official: I'm writing in our ongoing efforts to keep you apprised of developments affecting Time Warner Cable subscribers in the Central New York Division. First, I have included a copy of a letter that our customers will be receiving with their statements later this month. I wanted to provide them, and you, with an update on some of the newer services we have recently offered and highlight some of the planned channel additions for early 2009. I think you'll agree that we continue to add value for our customers, creating more opportunities for them to watch what they want,when they want to watch it it. Even though Congress and the Federal Communications Commission extended the Digital Television transition until June 12, 2009,many of the broadcasters in our area still plan to turn off their current analog signals as of February 17. We understand that some television viewers — those that rely on an antenna and are not our customers — will be confused by the changes and the moving deadline. We commit to continue working closely with cable, industry and government officials to communicate clearly about these changes and will cooperate with the FCC to ensure that viewers are not negatively affected by this significant change. As you know, Time Warner Cable's agreements with programmers and broadcasters to carry their services and stations routinely expire from time to time. We are usually able to obtain renewals or extensions of such agreements,but in order to comply with applicable regulations, we must inform you and our customers when an agreement is about to expire. I have included in this mailing the current LEGAL NOTICE that covers your Time Warner Cable service area, and is updated monthly. This Legal Notice appears on the first and third Wednesday of each month,and is also posted to our website at www.twcny.com. We also direct customers to this notice on our monthly billing statement. Please don't hesitate to contact me if I can be of further assistance: Jeff.Unaitis@twcable.com or(315)634-6242. Sincerely, Jcff Unaitis V.P. Public Affairs pTIME WARNER CABLE TtiE POWER OF YOUR" OUR C ON\41TIVIENT TO YOU Dear Timer Hirr►ter Oble C unto inner: 1112009 we plus tit wok even}ruder to give yuu more Iiigh-Dslinititm pr grmuning variexy and chairs,to,entrance cur it>z-al customer service and deliver you all the henei its of our comtinucd investments in the best cable wchnology. No tither tnlevisi)n'corrunutucatxoas company today offers all we can:Digital Cable and tics HD,h idi-speed data with ince assd spends through Road Runmr and our all-inclusive Digital Phone.-in one comvx-mist.package,delivered over our existingstatc-of-the-art advanced fiber network Lastyearwebecicdup aur"ties on dsmattnd"program libraries and added untit than'l)high-dohnrtiom channels. In dretomnng weeks,you can look forward to several more HD channels mclu ding:Speed HD,Fox flews FID,Feet Huffiness News HD,FX HD,CNBC 1,113,LISA HD,Sci-Pi HU and-in time for the baseball season-MLB HD.b'e'll add MM MUM HD charmets throughout the year In;Harsh,we'll add three charmcls to our Digital Sports tier,including the Big 10:Network(also in HDJ Gol TV and the Sportsman — -Channel. W'e'n also planning to lutrnrh}t!)versions afoot cable-excliisive Nkws Lt_NuAiL to Lax—Wamcr_t=ab SpuV_,;,-hc:e our -- commitmert to local scholastic,am:ncur,collegiate and professional sports coverage has never been greater Ifyou ha-wri't eha.ked it out recently,our library of on-demand content available in III)continues to g ow.imiudingrwent llotlywuoxl blockbusters-sosave that expensive trip to the mo vic theatre and get the most out ofyour newer 1-11)television set fnmr die cotnrfort of your living room or hums theater. And soon,we'll be adding,Primetime on De*stand,fiatuaing the best ofeatbleand broadcast television primetime prog=ra mnung-available when you want n)watch it As the country nmvs toward the lligital Telmision transition,know that'l irne N'arnerCabk will take can of that foryou. As king as yourTV sas ars ctmneetod to cable,vuu]l cmunue to receive all your favoritelocal charmels and ourcomplete,robust Standard cable lineup,on all your existirt`a"cable-ready"sets. W'e're creating faster and better ways to)deliver our world-class customer servicx. 'li)make Your interaction.with us morn; productive,we're adding more tmlinc sell-help tools,mon options and entwneal two-hour service and installatitoro windows-betaruce we reurg size your time is valuable. New diagnostic tools will notify tiff ofa potential servio e issue-even before yuu're aware of it yoursoelf Time Warner Cable continues to provide well-trained and courte jus service pesonnel and technicians k) answer calls as ourcustomers trove conic it,expect-and with Time framer Cable,your service calls are always free, We comtinuc 10 invest in techno)1ug because we strive to deliver the cutting-s ire pnoduct5 toad soxvlcxs yuu expect fntm us. r�1 !t s all about giving you the greatest choice anm ad covemmice.so youvc been tete fist to receive: • Digital k1de t Recorders MVRs),allowing you to resort and watch television on your own schedule. • Start Over,letting you catch a pn)grarn already in progress frurn its ho ironing. • Faster Internet download speals through Roast Runner and its"Turbo level of service.and the new Power 11,000st feature, our t xclusive uxtmok)&,v that can give you an extra burst of spsud when downhuding big frks. • No-cost telephone features as pan ofour all-inclusive Digital Phone serviex,including the exclusive Caller 11)on your'klevisiom. • Our new Rued Runner Vi&4)Store lets you watch thate ands Uf nxovios and TV shows right on your PC nowt..you can - --down"eo!tem-ta de-elde il,v ou want to'rurrt,o r"htry"your shows. Visitv(deo sI ore:rr cont for m orc infamy tti ori and- it)download our Road Runner Media Manager ii#scontinue to be the industry kae!<-r in designing testing and lau aching new sLrvvx-s hke our PhutoShow TV on Dernand which Ids you create your slidc,hows on the Wcb,thLn share nacre on our cable system via a dedicaw d cable channel. Cour interactive digital remotes let Nutirespond to yuestitms orrutlwst additional infirtnatitm from sinus"Slv'shows or advertisers. Formoxe information on these and all ouravailable services,we loge you to dwt:k out and useourtwwly redmigned wchsitc at tit,ow.tWCny.Cont. We know you have choices when it u)rnss to selecting an entettainmutt and information prmder,and nU company works harder to earn your trust and satisfactioon. We appreciate the continued opptvnunity to)serve you. Smcumly. 1 John Ketb President,ltesidoarual Services / S LEGAL NOTICE (2/16/2009) Time Warner Cable's agreements with programmers and broadcasters to carry their services and stations routinely expire from time to time. We are usually able to obtain renewals or extensions of such agreements,but in order to comply with applicable regulations,we must inform you when an agreement is about to expire.The following agreements are due to expire soon,and we may be required to cease carriage of one or more of these services/stations in the near future. WIVT(where offered,plus DT) WSTM (where offered,plus DT and HD) WSTQ(where offered) WSYR(where offered,plus DT and HD) BBC America on Demand DIY On Demand/Fine Living On Demand/ Food Network On Demand/HGTV On Demand E! Game Show Network Great American Country HD Net and HD Net Movies NBA TV The Outdoor Channel Shop NBC Sportsman Channel Style Turner Free on Demand(Cartoon Network,TBS,TNT,TRU TV,CNN,TCM and Adult Swim on demand services) The Weather Channel In addition,from time to time we make certain changes in the services that we offer in order to better serve our customers.The following changes are planned: We are adding these HD channels: Fox News HD(channel 823);CNBC HD(ch.835);USA HD(ch. 845);Sci-Fi HD(ch.846)and FX HD(ch.847). Customers subscribing to the Digital Explorer Pak will also receive: MLB Network HD(ch.807); Fox Business HD(ch. 834)and Speed HD(ch.849). An HD-capable Digital Cable convertcr/TV set is required to view these channels. /'O""Ve will be adding the following channels to our optional Digital Sports Tier on March 10: Big Ten Network(channel 245),Big Ten on Demand(ch.246)and Big Ten HD(ch.814),Gol TV(ch.248)and the Sportsman Channel(ch.247). In addition,Sports Tier customers will also begin to receive CBS College Sports in HD on channel 815. We will be adding a new On Demand channel featuring shows from popular networks,"Primetime on Demand," on channels 554 and 860 beginning February 18. National Geographic On Demand will move to our"News and World"on-demand portal,Channel 573,on March 5,2009. We will be adding Starz on Demand on channel 359 by March 16,2009. We will be adding Shalom TV on Demand on channel 195 by March 16,2009. The new services listed here cannot be accessed on CableCARD-equipped Unidirectional Digital Cable Products purchased at retail without additional,two-way capable equipment: Big Ten Network(SD,HD and On Demand),Gol TV,Sportsman Channel,CBS College Sports HD,MLB Network HD, Fox Business HD,Speed HD,Fox News HD,CNBC HD,USA HD,Sci-Fi HD,FX HD, Starz on Demand,Shalom TV on Demand; Primetime on Demand. ,f„ In preparation for the upcoming Digital Television transition,the following list includes those local broadcast station(s)for which High-Definition and/or Digital channels will be added on or by 6/12/2009,or following an agreement and with the permission of the broadcast station owner. ITHACA: WSKG(HD),WICZ(HD),WIVT(HD)and WENY(SD/HD); in Candor,add WBNG-DT(CW Network) CORTLAND: WSPX(HD),WSTQ(DT),WSKG(HD),WBNG(HD),WICZ(HD),WIVT(HD) You may downgrade or terminate service without charge at any time. Further,if carriage of a premium channel is discontinued and you have incurred installation,upgrade or other one-time charges relating to such premium service within six months prior to the date of the change,you may elect to downgrade or terminate service within 30 days and obtain a rebate of any such charge. /10iannel carriage notices are also found at our website: www.twcny.com. THOMAS P.DiNAPOLI STATE OF NEW YORK STEVEN J.HANCOX STATE COMPTROLLER OFFICE OF THE STATE COMPTROLLER DEPUTY COMPTROLLER DIVISION OF LOCAL GOVERNMEgT 110 STATE STREET AND SCHOOL ACCOUNTABILITY ALBANY,NEW YORK 12236 Tel:(5 IS)474-4037 Fax:(518)486-6479 March 2, 2009 Herbert Englman Town Supervisor Southern Cayuga Lake Intermunicipal Water Commission 215 North Tioga St Ithaca,NY 14850 Dear Mr. Englman: In your recent letter you requested an extension of time for filing your annual financial report. Section 30 of the General Municipal Law requires that your annual financial report "...be filed with the comptroller within sixty days after the close of the fiscal year...". The law further provides that "...the comptroller may extend the period for filing such report for an additional sixty days...". Although we feel strongly that the annual financial report should be filed on time,due to the extenuating circumstances mentioned in your letter we will grant you an extension of sixty days. Please submit your report as soon as possible,but in any case not later than May 1,2009. Please contact this office at(518) 474-4014 if you have problems or questions regarding the filing of your report. Sincerely, AnMony,. Dolan, CPA. Manager, Data Management Unit Division of Local Government and School Accountability AJDAn 11x1 u:i: 11:VRA: PI,I:iII)NT F IN 1,NCF I,tiu AimlINIsiilk IIox ITHACA March 4, 2009 Herb Engman Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, New York 14850 Dear Herb: Ithaca College has been working with the Town to correct and clarify street addresses for campus buildings to assist emergency vehicles in locating our buildings. As a result of this request, the College has undertaken a review of all roadway names including current roadways, the roadway between the Terraces and the Circle Apartments and the roadway around the yet to be constructed A&,E Center. At this time, we would like to request that the names on the attached list be used for all College roadways. Some of the names on the list attached are currently in use and others have been modified to more accurately reflect the roadway and its location on the campus. In a few instances we have renamed roadways to reflect historical significance to the College. Since the Ithaca College roadways are not public roadways maintained by the Town of Ithaca we are assuming that the changes proposed are acceptable. We will be developing signage reflecting all of the names indicated on the attached list to be placed at all intersections of the campus. In addition, the College will be adding street numbers to all College buildings as required by Chapter 192 of the Code of the Town of Ithaca. Please contact me directly, if you have any further questions. If I do not hear from you by March 31St I will assume we can proceed as indicated. kam Sincerely, xc: Rick Couture Laura Durling (S�L Tom Dunn Nancy Pringle Carl Sgrecci I Vice President liha<. colb,ge 19.,3 Daidly Road/Ithara.S1 117-0n0 {6071 27t-31 M/I'ax:(WT)2 I-10'24 /sr+stir.illus ai. In Ithaca College Roadway Signage Current Road Name New Road Name College Circle Drive Stays the same Alumni Street Alumni Circle Campus Center Lane Campus Center Way Gym Road Conservatory Drive Textor Drive Textor Circle Farm Road Miller Farm Road Tower Club Road Tower Skyline Drive Garden Apt. Drive Gardens Way Terrace Dorm Drive Terraces Lane Main Campus Road Grant Egbert Drive Upper Fields Way Flora Brown Drive "New A&E" Road Lyceum Drive r� February 25,2009 WATER SOUTHERN CAYUGA LAKE INTERMUNICIPAL WATER COMMISSION ••. S irHACA p TOWNS OF DRYDEN • ITHACA • LANSING-VILLAGES OF CAYUGA HEIGHTS • LANSING (607)277-0660—FAX(607)277-3056—E-MAIL SCLIWC@boltonpoint.org 1402 East Shore Drive Ithaca, N.Y. 14850 www.boltonpoint.org March 13, 2009 COMMISSIONERS: J. Paul Jennette, P.E., RBP H. MICHAEL NEWMAN Biosafety Engineer Chairperson Cornell University STEPHEN C. LIPINSKI College of Veterinary Medicine Vice Chairperson Biosafety Program 52-060 Schurman Hall, Box 2 HERBERT J. ENGMAN Treasurer Ithaca New York 14853-6401 RONALD ANDERSON Dear Mr. Jennette: JIM GILMORE WILLIAM D. GOODMAN Thank you for the professional and detailed presentation and discussion DONALD HARTILL you provided the Commissioners of the Southern Cayuga Lake Intermunicipal Water Commission at their March 5, 2009 regular monthly meeting concerning A.SCOTT PINNEY Cornell University's alkaline hydrolysis process and Cornell's proposal to have MARY ANN SUMNER the waste from that process treated at the Ithaca Area Wastewater Treatment ANNIE WILCOX Facility. As you recall, following your presentation to the Commission in March of 2004, the Commissioners concluded that such treatment would pose no credible threat to the Commission's Cayuga Lake water supply. The new CONSULTANTS: information and recent scientific studies you presented to the Commission have STEPHEN FARKAS served only to reinforce that earlier conclusion. The study, "Persistence of Pathogenic Prion Protein during Simulated Wastewater Treatment Processes", MARY RUSSELL provided particularly valuable information. CATHERINE VALENTINO Based on the new information and studies you presented, along with the details you provided on the many safeguards built into the entire process, the Commission remains confident that treatment of the hydrolysate waste by the PAUL TUNISON Ithaca Area Wastewater Treatment Facility poses no threat to the Commission's General Manager water supply. JACK RUECKHEIM Distribution PAMELA VANGELDER Sincerely, Finance KENNETH BUTLER Production Paul F. Tunison General Manager Cc. Commissioners Excellence in water quality and customer service 01- TIME WARNER CABLE THE POWER OF YOUTM 6005 Fair Lakes Road East Syracuse,NY 13057 315.634.6200 Via Certified MaiU Return Receipt Requested March 13, 2009 Dear Sir or Madam: As you may recall, in June, 2008 we wrote to inform you of a planned transaction involving the ownership of Time Warner Cable Inc, the company which controls the cable television franchisee in your community. As described in our June, 2008 letter, Time Warner Inc. planned to fully divest its ownership interest in ("spin-off')Time Warner Cable Inc. ("TWC")leaving TWC as a separate publicly traded company. I am pleased to advise you that the transaction closed on March 12, 2009 and that all the stock of TWC is now publicly traded. As we assured you before, the closing of this spin-off does not change the identity of the cable franchisee. Nor will it cause any change in our cable system services, policies or operations. We remain committed to providing the best in entertainment, information and communications services to our customers. As always, please do not hesitate to contact me about any questions or concerns you may have on this or any other matter. Very truly yours, 4U�� Jeff Unaitis V.P. Public Affairs Time Warner Cable— CNYISyracuse Division 315.634.6242 or Jeff.Unaitis@twcabie.com LEGAL NOTICE(3/1612009) Time Warner Cable's agreements with programmers and broadcasters to cavy their services and stations routinely expire from time to time. We are usually able to obtain renewals or extensions of such agreements, but in order to comply with applicable regulations,we must inform you when an agreement is about to expire.The following agreements are due to expire soon,and we may be required to cease carriage of one or more of these services/stations in the near future. WIVT(where offered, plus DT) Game Show Network WSTM(where offered, plus DT and HD) Great American Country WSTQ(where offered) HD Net and HD Net Movies WSYR(where offered, plus DT and HD) NBA TV WNYI (where offered) The Outdoor Channel Shop NBC BBC America on Demand Sportsman Channel DIY On-,Demand-/Fine Living On Demand l Style Food Network On Demand/HGTV On Turner Free on Demand(Cartoon Network, Demand TBS,TNT,TRU TV, CNN,TCM and Adult E! Swim on demand services) The Weather Channel In addition,from time to time we make certain changes in the services that we offer in order to better serve our customers.The following changes are planned: We will be adding Starz on Demand on channel 359 by March 16, 2009. We will be adding Shalom TV on Demand on channel 561 by March 16,2009. We're adding"Drivers Village Television"(DVN)to channel 1250 on March 30. Music Choice is also changing its lineup and available channels effective April 15. We will be moving Shop NBC from its current location on our Standard-tier("cable-ready")lineup to our Digital channels, available to all customers with a digital converter. The new services listed here cannot be accessed on CableCARD-equipped Unidirectional Digital Cable Products purchased at retail without additional,two-way capable equipment: Starz on Demand, Shalom N on Demand; Drivers Village Television. In preparation for the upcoming Digital Television transition,the following list includes those local broadcast station(s)for which High-Definition and/or Digital channels will be added on or by 6/12/2009,or following an agreement and with the permission of the broadcast station owner. ITHACA:WSKG(HD),WICZ(HD),WIVT(HD)and WENY(SD/HD); in Candor,add WBNG-DT CORTLAND:WSPX(HD),WSTQ(DT),WSKG(HD),WBNG(HD),WICZ(HD),WIVT(HD) You may downgrade or terminate service without charge at any time. Further, if carriage of a premium channel is discontinued and you have incurred installation, upgrade or other one-time charges relating to such premium service within six months prior to the date of the change,you may elect to downgrade or terminate service within 30 days and obtain a rebate of any such charge. Channel carriage notices are also found at our website:www.twcny.com . Time Warner Cable P.O. Box 4733,Syracuse,NY 13221 �., TIME WARNER CABLE THE POWER OF YOUTM 6005 Fair Lakes Road East Syracuse,NY 13057 (315)634-6200 March 12,2009 Dear Sir or Madam, Time Warner Cable is writing to let you know about a new interactive technology we are implementing within the local franchising area known as Switched Digital Video("SDV"). SDV is a particularly exciting bandwidth-management breakthrough that makes it possible for us to offer many additional services,including new FID channels and HD versions of popular existing channels,to our customers. SDV.allows us to provide these additiQnal_services,while at.the.same_time-continuing to offer existing services,because channels delivered using SDV are transmitted over the cable system only on an as-needed basis. As a result,SDV uses system capacity more efficiently than the traditional,always-on method. In order to launch all the new services our customers want,we must also deliver some existing channels using SDV to make additional bandwidth available. The deployment of SDV,by itself,will not have any effect on the services that we offer. In fact, SDV will have no impact whatsoever on the vast majority of our customers. However, SDV will affect the ability of one-way CableCARD-equipped retail devices(also known as Unidirectional Digital Cable Products or"UDCPs")to access certain channels absent additional equipment. For that reason,we are notifying both customers who own UDCPs and you,the relevant local franchising authorities ("LFAs")of this upcoming change. Starting on April 15'h or later,Time Warner Cable will begin providing a number of our existing, lesser-viewed channels via SDV. The list is as follows(includes channel number): Encore East 200 W MAX East 328 Encore West 201 @ MAX East 329 Encore Action 202 5 Star MAX East 330 Encore Love 203 Outer MAX East 331 Encore Mystery 204 Showtime Too East 341 Encore Westerns 205 Showtime Showcase East 342 Encore Drama 206 Showtime Extreme East 343 Encore WAM 207 Showtime Beyond East 344 BB02 East 302 Showtime Next East 345 HBO Signature East 304 Showtime Women East 346 HBO Family East 306 Showtime Family East 347 HBO Comedy East 308 TMC Xtra East 351 HBO Zone East 310 Starz Edge East 362 HBO Latino East 312 Starz Kids and Family East 364 More MAX East 322 Starz Cinema East 366 Thriller MAX East 325 Starz in Black East 369 Action MAX East 326 The current generation of CableCARD-compatible devices sold at retail is only capable of accessing our one-way services. Such devices were not designed to be compatible with SDV,which is a two- way service. As a result,once the channels listed above are delivered using SDV technology,they will not be accessible via UDCPs. However,to ensure that our customers can view programming delivered via SDV,we are pleased to announce that we are making the following special offers. —continued— SDV Letter-page 2 (dft1 HD TiVo DVRs: For customers with TiVo Series3,TiVo HD,or TiVo HD XL digital video recorders,Time Warner Cable has worked with the rest of the cable industry and TiVo Inc.to develop an external device called the Tuning Adapter. The Tuning Adapter is designed to work in conjunction with customers' HD TiVo DVRs,and it will allow these customers to receive programming delivered using SDV technology,but not our other interactive features(such as the Electronic Programming Guide,Video On Demand,and other two-way services that,by design,HD TiVo DVRs cannot access) while they continue to enjoy all the features of their HD TiVo DVRs. For more information,please visit http://www.timewamercable.com/tuningadapter. HD TiVo DVR users who would like to receive programming delivered using SDV are eligible to receive a Tuning Adapter for each CableCARD-equipped HD TiVo DVR,which we will provide at no charge.* Those customers will continue to pay the standard lease rate for their CableCARD(s). Other CableCARD-Equipped Devices: For customers currently renting CableCARDs for use in UDCPs that are not compatible with the Tuning Adapter,Time Warner Cable will provide one basic HD converter per UDCP in exchange for the CableCARD(s)used in that device. This basic HD converter will allow these customers to receive programming delivered using SDV,but not our other interactive features(such as the Electronic Programming Guide,Video On Demand,and other two- way services that,by design,UDCPs cannot access). For at least one year,these customers will pay the same monthly price for each basic HD converter that they are currently paying to rent a CableCARD. (Additional charges may apply after the initial one-year period if customers wish to continue to use the basic HD converter(s)at that time.) To take advantage of this unique opportunity,customers must present the letter they receive announcing these offers(and,for UDCPs that are not compatible with the Tuning Adapter,the CableCARD(s)from each UDCP for which they would like a basic HD converter)at their local Time Warner Cable office,during normal business hours,within 60 days of the date of the letter: Please let us know if you have any questions. Thank you. -- - Jeff Unaitis V.P.Public Affairs-CNY/Syracuse Division *Terms and conditions subject to change. l Commonland Community Residents' Association Penny and Lois Lanes Ithaca NY March 23, 2009 Herb Engman, Supervisor Town of Ithaca 215 N Tioga St Ithaca NY 14850 Dear Mr. Engman, am writing you on behalf of the Commonland Community Residents Association. As I'm sure you are aware, Commonland Community was built around the City of Ithaca's Watershed right-of-way to Six Mile Creek. During the past several years, the nuisance problems during the summer months within Commonland Community, due mainly to the right-of way, have been increasing. Some of these issues are the vehicle and pedestrian traffic, parking, speeding, trespassing, littering, and disrespect by visitors. A Commonland Community meeting has been scheduled for Tuesday, April 21 at 7:OOpm for the residents to express their concerns to, as well as hear from, representatives of organizations who have authority in and around the Six Mile Creek area. Our goal is to determine what Commonland, or other organizations, can do to help our residents maintain a relatively quite neighborhood during the summer months. It would be appreciated if you, or another Town Representative, would be able to attend this meeting. Please contact me at 274-8709 (work), 277-5223(home) or sbeebe@tompkinstrust.com to let us know if a representative would be able to attend or if you have any questions. Sincerely, Sharon Beebe CCRA Board President Mr. Herb Engman Town Supervisor March 24,2009 120 Warren Road Ithaca, NY 14850 Dear Mr. Engman, I am writing with our concern about the threat posed by a large old willow tree in the town of Ithaca. There are very strong winds that blow down Culver road ravines and gulleys. The town highway dept, upon seeing the problem, told my neighbor that they would come and take it down by end of March. I live at 251 Culver rd, Ithaca, and the tree is located across the road from my house on the northside of the neighbor's driveway.The tree is quite big and dying,with many heavy mostly dead limbs. I saw it only leafed out one of its big branches last summer, the rest were dead.And its trajectory is directly onto Culver rd,and its tall enough to hit my house, hedges, electrical and telephone wires. March 23 the town workers came and closed off the road, brought in large equipment and a bucket on a crane, and the men just trimmed off a few branches and left, A long dead limb still leans all the way across the road toward my house. I don't know what happened to stop them in the middle of their work, but this bit of trimming has done nothing. It is still a serious danger. would appreciate your prompt attention and assistance is bringing this problem to a resolution. Sincerely yours, Elizabeth Salon 1 251 Culver Rd. Ithaca,NY 14850 607-277-2201 PARK FOUNDATION r March 31, 2009 Mr. Herb >~ngman, Town Supervisor Tolln of lihaca 215 Nort17 Tloga Street Ithaca. NY 14850 Dear Mr. Engman: The Park Foundation, Inc. is pleased to award a grant of$10,000 to the Town of Ithaca. A check in this amount is enclosed. These funds are to be used to support a deer fence for the West Hill Community Garden at Linderman Creek. In accordance with Foundation policy, we request that there be no publicity other than inclusion of our name in your regular listing of donors. We also ask that you be mindful of tile attaclied addendum, which lists several conditions of this grant, and we appreciate your agreement to these terms. Please acknowledge your organization's receipt of this payment by igning and returning one copy- of this letter to the Park Foundation office no later than 30 days from the payment date. Also, our Foundation requires that you submit by March 31, 2010, a brief narrative and financial report. A copy of our Report Format is enclosed. Please be aware that missing or late reports will impact future requests for funding. The trustees of the Park Foundation are pleased to have the opportunity to assist the Town of Ithaca and the West Hill Community Garden in this way, and we wish you continued success. Sincerely, Payment received: Town of Ithaca Oecutiive tire By: Title: JMJ:tyc Date: Enclosures Grant: 09-001 Park Foundation Inc. P.O. Box 550 Ithaca, New York 14851 71: 6071272-9124 Fax: 6071272-6057 100%post-consumer fiber N �1? Totally chlorine free Sk APPLICABLE PROVISIONS OF$10,000 PARK FOUNDATION GRANT AWARD To: Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 It is understood that as recipient of this grant,the Town of Ithaca is responsible for ensuring that the grant is used exclusively for the purposes, and under the conditions, described in the award letter and in its governing legal documents. This grant may not be assigned or transferred by operation of law or otherwise. It is understood that Park Foundation grants are not to be used, directly or indirectly, in an attempt to influence legislation, to influence the outcome of any specific election, or to carry on any voter registration drive. r Should your exempt status be revoked, or if any portion of the grant cannot be used for the purposes defined, please contact the Foundation office promptly. It also is understood that you will permit the Foundation to inspect any of your facilities, equipment or other assets and to observe your programs, operation, or other activities. Your acceptance of this grant obligates you to maintain adequate fiscal and program records as to its use, and to be willing to provide relevant information to the Foundation or to appropriate governmental bodies should any questions arise as to your receipt or use of the grant funds. n G. If applicable, summarize your plans for the project's future. i H. If the Park Foundation grant has been helpful in attracting additional support for your efforts,please explain. I. Submit a financial report providing a comparison of your original project budget with actual revenues and expenditures to date. Explain any variations from the original budget that are larger than 10%. III. Attachments (optional) X Annual Report, publications, news articles, or other relevant materials about your organization or funded project are appreciated. Report Format 1/06 i c Q s I r F" Carrie Whitmore "rom: web master@ town.ithaca.ny.us Sent: Monday, May 11, 2009 10:24 AM 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: Complaint Subject: (Other) SubjectOther: Taxes Username: Jane C. DeGraff userstreet: 151 Northview Rd. usertown: Ithaca UserEmail : janec@twcny.rr.com UserTel: 607-272-5108 UserFAX: B1: Submit. Comments: Oh, my God! The headline and article in today's Ithaca Journal re: consolidation caused me to go into an absolute panic. On a fixed income we are already struggling to pay more than $5000 .00 in taxes and worrying about the next increases. To add another 12 .8% in addition pushes us over the edge.. We have been considering moving to CT where our son lives and the taxes are MUCH lower and this scenario would probably cause us to leave Ithaca. Please, Please don't do it! 1 l G Ilk ,44 � rJ 1 STATE OF NEW YORK DEPARTMENT OF AGRICULTURE AND MARKETS 10B AIRLINE DRIVE ALBANY,NEW YORK 12235 Division of Agricultural Protection And Development Services 518.457.2713 Fax: 518.457,2716 May 13,2009 Supervisor Herb Engman Town of Ithaca 215 N. Tioga Street Ithaca,NY 14850 Dear Supervisor Engman: Thank you for your FY2008/2009 Agricultural and Farmland Protection Implementation Grants application. Unfortunately,the project(Jackman Vineyards) you submitted for funding was not selected. The Department received sixty-eight eligible proposals requesting a total of nearly$60 million in State funds. Twenty-seven proposals were selected and collectively will receive approximately $23 million in available grant funds. If you have any questions concerning your recent application or if you wish to learn how your proposal could be improved should you decide to resubmit it in response to a future Request For Proposals, I encourage you to contact the Department's Farmland Protection Program Manager, David Behm, at(518)485-7729. We appreciate your interest in assisting us in preserving our State's valuable farmland resources. Sincerely, WILLIAM KIMBALL, Director Agricultural Protection& Development Services cc: Richard Ehrhardt,Tompkins Co. AFPB Michael Smith,Town of Ithaca Robert Jackman,Jackman Vineyards �A STATE OF NEW YORK DEPARTMENT OF AGRICULTURE AND MARKETS 106 Airline Drive,Albany, New York 12235 David A.Paterson 518-457-8876 Fax 518457-3087 Patrick Hooker Governor www.agmkt.state.ny.us Commissioner May 13,2009 Supervisor Herb Engman Town of Ithaca 215 N.Tioga Street Ithaca,NY 14850 Dear Supervisor Engman: I am very pleased to inform you that the Department of Agriculture and Markets has awarded the Town of Ithaca the sum of$205,224 to assist the Town in its farmland conservation efforts. Based upon your FY2008-2009 Agricultural and Farmland Protection Implementation Grants proposal,the Department has provided enough matching funds to purchase the development rights on Indian Creek Farm. Before State funds can be provided for the purchase of easements or development rights on this farm,it will first be necessary to develop a contract between the Department and the Town. This contract must contain an agreed upon plan of work and budget. Project expenditures,which occur prior to the approval of the contract by the State Comptroller, mi-lit not be reimbursed. Therefore,we strongly advise that you not incur any expenses for which State reimbursement ,,.., will be sought until the contract is approved. The Department intends to allow Federal Farmland Protection Program(FPP)funds as a local match for this project if the following conditions are met: (1)conservation easement provisions as required by FPP shall not unreasonably restrict or regulate farm operations in contravention of the purposes of Article 25-AA of the Agriculture and Markets Law,and(2)the participating landowner must be granted a waiver of the 2% impervious surface limit to allow for 10%impervious surfaces in the easement area. In order to facilitate the timely development of your contract and the completion of the project,I am requesting that you identify an authorized representative of the Town with whom you would like us to work with regard to all fiscal matters associated with the contract between the Town and the State. Please have that person complete and sign the enclosed Contractor's Information Checklist. Also,please identify the person with whom you would like us to work with regard to all matters associated with the conservation easement(s)that will result from this contract;that person will serve as your project manager. Please prop ide this information to David Behm,the Department's Farmland Protection Program Manager. He may be reached by phone at 518-485-7729,by fax at 518-457-2716 or by e-mail at david.behrn@agrnkt.state.ny.us. The Department looks forward to working with you in conserving your valuable farmland resources for agricultural production purposes now and in the future. PA�41 W04�_ Patrick Hooker Commissioner cc: Richard Ehrhardt,Tompkins Co.AFPB Michael Smith,Town of Ithaca Stephen Cummins,Indian Creek Farm J URS RECEIVED May 27,2009 JUN 0 .11099 Town of Ithaca Town Clerk Town of Ithaca Att: Karcn Billings, Town Clerk 2.15 N. Tioga Street Ithaca, N.Y. 14850 �(72 t�'I Re: Verizon Wireless Coy Glen Site Five Mile Drive Town of Ithaca, Tompkins County, N.Y. 14850 Dear Ms. Billings: 1t! 2oO5, the Federal Commulticatii,n5 C'onu»ission (FCC)revised tine \aiilw +ide l'roLYrammatic N­ vcment(NPA) regarding, the ,ccis ol'new telecommunic,tlions to%%CI-S on historic properties as in Secrion 106 ol"th�: historic Preservation .V_i i_�;IIIIA,'. .Section V of the NPA !uc"1 _government noti hcation ;as hart of Section 106 o!�the Nzillwial Historic Preservation :tiff ;itit 11'A i, .t �amcrnded, consultation process for new tower sites. ThlS ik'tter serves as the ai;;;lc;+.nt s +vra eti notification to the IOL:J1 government having primary lapel use jurisdiction +;.he rc d site is located. Verizon Wireless proposes to construct a self-support tower at a height of 125', mount antennas, and install a 12' by 30' equipment shelter within a .23-acre lease area, The site is in a sparse woodlot adjacent to rail road track just south of the Cite of Ithaca. Less than one-half acre of ground will be disturbed for this project. Access to the subject property is proposed to run east off Five Mile Drive until the site reaches an elevation of 397' .ANISE The project site has been highlighted ou the portion of the USGS Ithaca West (,quad Sheet(attached) for your review. It-: addition. the NPA requires that a written notice be provided to the public of the planned tele,omniunications tower. Please post a copy of this letter in a public area. Public comments on the proposed tower site may be provided to: Randy Pekarski, (716) 856-5636 x1189. Please note that this letter is just a notification of`Verizon's Intentions and that they intend to file for all necessary permas with the Town of Ithaca when appropriate. I in advance for your anticipated cooperation. Ytr.tr5 ptIiv, .. E'! w CORPORA"r1ON R,.wdy S. 116;;irski Urban Planner File: 11175952,00000 (C-1) URS Corporation 77 Goodell Street Buffalo, NY 142G3 Tel: 716.856.5636 Fax: 716.856.2545 r � ) ilI lv {�f .• 1,,, ,,j,�', r II 1' C J wl ImoT.-.;1 ,I _ r ! �I . �.:'- '� j • ✓ �- ��• - ;. $ At STATE OF NEW YORK t DEPARTMENT OF TRANSPORTATION REGION 3 333 EAST WASHINGTON STREET SYRACUSE, NY 13202 www.nysdot.gov CARL F.FORD,P.E. STANLEY GEE REGIONAL DIRECTOR ACTING COMMISSIONER May 27, 2009 Ms. Karen Billings Town Clerk, Town of Ithaca - 215 N. Tioga Street Ithaca, NY 14850 Dear Ms. Billings: RE: REQUEST FOR LOWER SPEED LMT ON SLATERVILLE ROAD (ROUTE 79) This is a further response to your October 8 letter and petition requesting a lower speed limit on Slaterville Road (Route 79)from the City of Ithaca line to a point beyond Pine Tree Road. Our traffic engineers have completed their review of this location, including a field inventory of highway development and a radar speed check. The radar speed check indicated that the appropriate speed limit for this section of Route 79 is the existing posted speed limit of 45 MPH. Based on these findings, we have determined that a further reduction of the speed limit would not be appropriate at this time. Your interest in this matter has been greatly appreciated. Very truly yours, C;) 1'6z-6 DIANA L. GRASER, P.E. f-v Regional Traffic Engineer cc: W. Sczesny, Tompkins County Highway Superintendent H. Engman, Supervisor, Town of Ithaca Michael Koplinka-Loehr, County Legislator, District 1 I Y Fpl�oMnrU�,91, Federal Communications Commission a o Washington, DC 20554 LL t r JUN Q& 2DO9 `�n sissy" town of Ithaca Informational Notice of Section 106 Filings Town C1wrk Date: 06/03/2009 Reference Number: 625976 Karen Billings,Town Clerk Town of Ithaca 215 N. Tioga Street Ithaca, NY 14850 The following new Section 106 filing has been submitted: FILE NUMBER: 0003850761 Purpose: New Tower Submission Packet Notification Date: 7ANI FST 05/28/2009 Applicant: Verizon Wireless Consultant: URS Corporation Site Name: Coy Glen Site Address: Five Mile Drive Site Coordinates: 42-25-25.0 N, 076-31-35.2 W Cite: lthaca " "'ount�: fOivIPKINS Mute: -NY Lead SHPO/THPO: New York State Historic Preservation Office Consultant Contact Information: Name: Randy Pekarski Title: PO Box: Address: 77 Goodell Street City: Buffalo State: NY Zip: 14203 Phone: (716) 856-5636 Fax: Email: randy_pekarski@urscorp.com NOTICE OF FRAUDULENT USE OF SYSTEM, ABUSE OF PASSWORD AND RELATED MISUSE Use of the Section 106 system is intended to facilitate cunsultruon under Section 106 of the Natiomil I listoric Prescrvalioil Act and nrivcontain information that is coil fidential, privile__cd or otllcnrisc protectcd from disclt)1,urt: isn�lcr applicable laws, Aiw person avino access to Section 106 information shall use it only for its intended purpose. Appropriate will be taken with respcct to any misuse of[lie system. Page t of 1 FCC 813 September 2008 ff y �n TOWN OF ITHACA 215 N. Tioga Street, Ithaca, N.Y. 14850 WWW.toW11.ith�1Cn.11y,uS PUBLIC WORKS (Roads, Parks, Trails, Water &Sewer) 273-1656 ENGINEERING 273-1747 PLANNING 273-1747 CODES 273-1783 FAX (607) 273-1704 Karen Billings, TOWN CLERK 273-1721 June 4, 2009 Ms. Nancy Beeler #3 1401 Slaterville Road Ithaca, NY 14850 Dear Ms. Beeler: As the person leading the effort to request a speed limit reduction on Slaterville Road last_ year, I wanted to forward to you the etfc4esed response from the NYS Department of I�tt f Transportation's Regional Office in Syracuse that I received in response to the Town Board's request to lower the speed limit on Slaterville Road from the City of Ithaca line to a point beyond Pine Tree Road on your and the petitioners' request. You did collect a good number of signatures on your 14 page petition and I am hoping that you can convey the outcome of your joint request to the petitioners. If there is a better forum for me to contact your petition signers please let me know. Most Sincerely, Karen M. Billings S� OF12, TOWN OF ITHACA 18 21 215 N. Tioga Street, Ithaca, N.Y.. 14850 IV Yo4` www.town.ithaca.ny.us Town Supervisor(607)273-1721, Ext 125; HEngniance to:vn.ithaca ny.us TOWN CLERK(607)273-1721 PUBLIC WORKS(607)273-1656 ENGINEERING(607)273-1747 PLANNING(607)273-1747 ZONING (607)273-1783 FAX(607)273-1704 C(OPY Pete Grannis Commissioner,Department of Environmental Conservation 625 Broadway Albany, NY 12207 Dear Commissioner Grannis: We in the Town of Ithaca appreciate the state's action in 2008 halting permitting for gas drilling using horizontal hydraulic fracturing and directing the NYSDEC to supplement the 1992 GEIS. This i.� no sniall task and the NYDEC has taken several months to generate the SGEIS. The ,uhsequcnt public comment period is an essential part of this process and similarly may rcquire several months for an adequate response. At the local government level, like many of the other stakeholder organizations, we meet monthly. While we are prepared to commit zOditional time and call extra meetings, we often struggle to find the time to revicw quid respond to tlic c lengthy documents. Given the enormous potential impact of the expected drilling activity on our region it is essential that all stakeholders be given sufficient time to contribute a thorough and concise response. I request that you establish a minimum 90-d,ty public comment period so that we may give adequate consideration to this incredihly important matter. Sincerely, Herbert J. Ell/an Town Supervisor �. 4 i 11010N SUSAN H. BROCK Attorney at Law 45 Grandview Drive Ithaca, New York 14850 Telephone: 607-277-3995 E-mail: brock@clarityconnecLcom Facsimile: 607-277-8042 June 17, 2009 Sciarabba Walker&Co., LLP 200 E. Buffalo St., Suite 402 Ithaca,NY 14850-9890 Re: Town of Ithaca Dear Sir/Madam: At the request of Alfred Carvill, Budget Officer for the Town of Ithaca, I advise you as follows in connection with your examination of the financial statements of the Town as of December 31, 2008, up to and including the date of this letter. My representation of the Town has been for general legal matters. The information in this letter is as of the date hereof and is limited to matters involving my professional engagement as counsel by the Town and does not include information received by me acting in any other capacity or on behalf of any other client. Also, the information furnished in this letter is limited to matters that have been given substantive attention by me in the form of legal consultation and, where appropriate, legal representation since January of 2008. For this purpose I have determined whether such services involved substantive attention in the form of legal consultation concerning pending or threatened litigation, claims and assessments. Beyond that, no review has been made of any of the Town's transactions or other matters for the purpose of identifying matters to be described in this response. Subject to the foregoing and the closing paragraphs of this letter, I wish to inform you I have not given substantive attention in the form of legal consultation or representation to any material pending or threatened litigation, claims and assessments against the Town. You can receive more information from Judy Drake at the Town at 273-1726 as to whether the Town has insurance counsel representing it in any matters on which I have not been consulted. The Town has also undertaken Town Code enforcement actions against certain Town residents. Those actions are handled by Attorney Guy Krogh and you can reach him at 272-2314. I have not been consulted by or advised by the Town with respect to any unasserted /,,, claims or assessments considered to be probable of assertion and which, if asserted, would have a reasonable possibility of an unfavorable outcome and therefore must be disclosed in accordance with Statement of Financial Accounting Standards No. 5 in the financial statements currently under examination. I affirm that whenever, in the course of performing legal services for the Town with respect to a matter recognized to involve an unasserted possible claim or Sciarabba Walker& Co., LLP July 17, 2009 Page 2 assessment that may call for financial statement disclosure, I have formed a professional conclusion that the Town must disclose or consider disclosure concerning such possible claim or assessment, as a matter of professional responsibility to the Town I will so advise the Town and will consult with the Town concerning the question of such disclosure and the applicable requirements of Statement of Financial Accounting Standards No. 5 issued by the Financial Accounting Standards Board. This letter is furnished solely for your information in connection with the above- referenced audit of the financial condition of the Town and is not to be quoted in whole or in part or otherwise referred to in any financial statement of Town or related documents, nor is it to be filed with any governmental agency or other person, without my prior written consent. I do not assume responsibility to advise you of changes that may be brought to my attention after the date of this letter unless specifically requested by you after the date of this letter. This letter is limited by, and in accordance with, the American Bar Association's Statement of Policy Regarding Lawyers' Responses to Auditors' Requests for Information (February 1990). With respect to legal fees outstanding as of December 31, 2008, please be advised that the Town owed my firm Nine Thousand Ninety Dollars ($9,090.00) for billed services and Eight Thousand Six Hundred Ten Dollars ($8,610.00) for unbilled services, all of which has since been paid. Sincerely, Susan Hajda Brock cc: Budget Officer Alfred Carvill Supervisor Herbert Engman T&MS Administration Cornell U 116 Maple Avenue University i -+ Ithaca, New York 14850-4902 Transportation and Mail Services t.607.255.4628 f.607.254.6305 transportation«cornell.edu wivw.transportation.rornell.edu June 25, 2009 Herb Engrnan Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 Re: Phase 1 - Forest Home Traffic Calming Dear Supervisor Engman: As part of the Cornell Community Transportation Initiatives, Cornell is working with the Town of Ithaca to fund and implement Phase 1 of the Forest Home Traffic Calming Plan. Phase 1 of the Plan includes the installation of six Gateway/entrance features and four mid-block speed tables that were identified in the June 2007 Forest Home Traffic Calming Report. The Gateway features would be established at all of the community's entrances/exits to reduce vehicle speeds and to delineate the traffic calmed zones, Traffic speed would be further controlled by speed tables at each of the entrances and at four mid-block locations. Recently, the Town of Ithaca requested that Cornell University advance the cost of hiring a design/engineering consultant team for Phase 1 of this initiative. The need for the University to advance these funds is based on the redistribution of the Transportation Improvement Program (TIP) funding that resulted from the County's Warren Road project receiving Economic Recovery funds from federal government. This redistribution freed up $3.5 million for other federally-eligible projects in Tompkins County, including $297,000 for construction of the Phase 1 — Forest Home Traffic Calming Plan. However, in order to retain these federal funds, the money must be obligated by September and the design/engineering work needs to begin immediately. It is Cornell's understanding that since the redistribution in funds was not anticipated, the Town does not currently have the funding available for design/engineering work that is needed. Recognizing the importance of moving this project forward so that the federal funds can be leveraged, Cornell University agrees to advance the Town $42,800 to hire McFarland Johnson as the design consultant for the project. These funds are being advanced with the agreement that the cost sharing will later be reconciled such that the total local cost for both Comell University is an equal opportunity,affirmative action educator and employes. { design and construction will be split equally between Cornell and the Town of Ithaca. The following is the agreed upon cost breakdown for the project: Federal Town Cornell Total Design 0 0 42,800 42,800 Construction 297,000 58,525 15,725 371,250 Total cost 1297,000 158,525 158,525 1414,050 We look forward to working with you on this project. If you have any questions or need further information, please do not hesitate to call me. Please acknowledge your concurrence with this agreement by signing and returning a copy of this letter in the envelope provided. Sincerely, William E. Wendt Senior Director, Transportation & Mail Services cc: Jonathan Kanter, Director of Planning, Town of Ithaca John Gutenberger, Director Community Relations, Cornell University Kyu-Jung Whang, V.P. Facilities Service, Cornell University Agreed to by: b ngma , own of Itr a, Supervisor b - TOWN OF ITHACA 18 21 215 N. Tioga Street, Ithaca, N.Y. 14850 W YO 4 www.town.ithaca.ny.us Town Supervisor(607)273-1721, Ext 125; HEnymanC`town.ithaca.ny.us TOWN CLERK (607)273-1721 PUBLIC WORKS(607)273-1656 ENGINEERING (607)273-1747 PLANNING (607)273-1747 ZONING(607)273-1783 FAX(607)273-1704 July 2, 2009 Maurice Hinchey (22nd District) 123 S Cayuga St Ithaca, NY 14850 Dear Congressman Hinchey: On behalf of the Town Board of the Town of Ithaca I thank you for your support of HR 2766 to end the exemption of hydraulic fracturing for natural gas from the Clean Water Act and to require that oil and gas companies disclose the chemicals that are used in the fracturing process. We strongly support your efforts to restore this necessary oversight to make sure our water supply is safeguarded. At the local level we are doing what we can to protect the public investment in our natural areas, farms, historic sites, tourist attractions and other resources that contribute much more to the upstate economy and quality of life than can be gained by a quick, and short, surge of gas revenues. The industrialization of the rural landscape must be carefully controlled to preserve all that we hold dear now and for future generations. Thanks for taking the initiative on this critical matter. Sincerely, He ert J. Engman Town Supervisor o F x fi o TOWN OF ITHACA 4 ,e 2' 215 N. Ti©ga Street, Ithaca, N.Y. 14850 �W yo � www.town.ithaca.ny.LIS Town Supervisor(607)273-1721, Ext 125; HEngman(o lown.ithaea.ny.LIS TOWN CLERK (607)273-1721 PUBLIC WORKS (607)273-1656 ENGINEERING (607)273-1747 PLANNING (607)273-1747 ZONING (607)273-1783 FAX(607)273-1704 July 2, 2009 Senator Kirsten Gillibrand James M. Hanley Federal Bldg. 100 S Clinton St PO Box 7378 Syracuse, NY 13281 Dear Senator Gillibrand: On behalf of the Town Board of the Town of Ithaca I am urging you to support the Senate Bill S1215 that is co-sponsored by Senator Schumer and Senator Casey. Please make sure that drilling for natural gas is carried out in a manner that safeguards the water supply by repealing the exemptions from the Safe Drinking Water Act for this process. At the local level we are doing what we can to protect the public investment in our natural areas, farms, historic sites, tourist attractions and other resources that contribute much more to the upstate economy and quality of life than can be gained by a quick surge of gas revenues. The industrialization of the rural landscape must be carefully controlled to preserve all that we hold dear now and for future generations. Thank you in advance for your support. Sincerely, e ert J. groan Town Supe isor rte; Anne Rodda 115 Park Lane Ithaca,N.Y. 14850 July 7, 2009 Mr. Herbert Engman, Supervisor, Town of Ithaca 120 Warren Road Also: 215 North Tioga St. Ithaca,N.Y. 14850 Ithaca,N.Y. 14850 RE: TRAIL-PARK MAINTENANCE/BORDERING PROPERTIES Dear Mr. Herb Engman, Two sides of my property,which I've owned and occupied since 1974, border Tudor Park and the Pew Trail. In the early years the town property was neatly groomed on both sides up to my fence,which is about one inch inside my property. In the last 10- 15 years the town land between the trail and my land,especially on the lower side,has been neglected,and the jungle has been allowed to encroach more and more deeply onto my land. It is now a hideous mess of buckthorns, honeysuckle, sticker bushes and tangled vines(Virginia creeper?),creeping up the trees, sucking the life out of any desirable plants and creating an ugly view from my kitchen window, especially in winter. Thick stems have twisted around the wire,making it impossible for me to maintain my fence (necessary for the safety of my dog and some semblance of privacy). In the north-west corner of my property a once-ornamental tree has been killed by q vines. I'll hire someone to remove it, along with any plants of mine which cross over. But I don't think it fair that I should have to hire someone to control the town jungle. Whenever I have seen work crews,I have begged them to trim the jungle. To their credit,they did recently trim on the park entrance side, but not the lower side. In June,4- 5 years ago, I told Richard Schoch I could no longer see the beautiful sunsets because of dense,high growth in the park and asked him to do something about it.. He said, "We're building a trail now;just wait until August." I waited, and nothing happened. Several more years elapsed. A year ago I tried again. He actually came, saw the jungle and promised to send a crew the next week. Nobody came,and nothing was done. When the trail was under construction, 5-9 monstrous,ugly,loud vehicles were parked for months on two sides of my property. It was murder. But now that the trail is finished, I must say that it is really very nice, and I do use it twice a day. For a number of reasons, I would love to have direct access to the trail from the lower(north-west) side of my property,but the growth is so thick that I can't possibly get through it. I remember begging the crew that was clearing the way for the trail to take down the growth that was spoiling my view. It was all supposed to have been cleared out. I think what happened is this: when they got to the edge of my property, a major piece of equipment(heavy-duty saw?)broke,and they never came back to finish the job. Can you please,please address this problem,which is affecting my quality of life? I'm 74 and can't do the work myself. Sincerely, � Anne E. Rodda P.S. Roger Segelken suggested that I contact you. r Thaler & Thaler Attorneys and Counselors at Law Richard B.Thaler 309 North Tioga Street Louis K.Thaler(1903-1979) Guy K_Krogh P.O. Box 266 Thomas D.Cramer Service By Fax or Other Electronic Katrina Thaler MedNew York 14851-0266 eirost Ithaca, Communication Not Accepted Lorraine Moynihan Schmittt Telephone; (607) 272-2314 Fax.' (607)272-8466 +also admitted in Massachusetts Michael P.Poreeiilo GKrogh@thalerandthaler.com July 16, 2009 Sciarabba Walker &Co., LLP 200 East ffalo Street, Suite 402 ltha , New York 14850 Re: Town of Ithaca Dear Sirs and Madams: I have been contacted by the Town of Ithaca requesting that I furnish you with certain information in connection with your examination and audit of the finances and operations of the Town of Ithaca for the fiscal year 2008. The information contained *• herein is based upon a review of information contained in our files and inquiries delivered to the Supervisor, Budget Officer and Attorney for and of said Town. This firm represented the Town of Ithaca and performed legal work and services during the year ended December 31, 2008 in connection with certain governmental, business and general matters upon which we were specifically consulted. Subject to the foregoing and the last two paragraphs of this letter we advise you that we have not been engaged to give substantive attention to loss contingencies within the scope of clause (a) of paragraph 5 of the ABA Statement of Policy regarding Lawyer's Responses to Auditor's Request for Information. The undersigned has been neither retained nor consulted upon any matter of, or pertaining to, any pending or threatened litigation, claims, or assessments, except as set forth below. This firm has represented and advised the Town of Ithaca and the People of the State of New York in connection with the enforcement of local laws and building codes. None of these matters are material in any manner that would require financial statement disclosure, and the undersigned is aware of no claims, counter-claims, defenses, or potential unasserted claims or assessments arising in relation thereto that are material and probable of assertion. Any other matter pertaining to pending, unasserted, and/or threatened litigation, claims, or assessments involving the Town of Ithaca would ,,, be within the scope of knowledge of Attorney Susan H. Brock. Sciarabba Walker & Co., LLP July 16, 2009 Page 2 There are no known unasserted claims or assessments that are probable of assertion of which the undersigned is aware or which are material and would require disclosure under Statement of Financial Accounting Standards Number 5 The effective date of response of this letter is the date of this letter. As of the date of this reply the Town of Ithaca is not indebted to this firm for services rendered through December 31, 2008. This response is limited by, and in accordance with, the ABA Statement of Policy Regarding Lawyer's Response to Auditor's Request for Information (December 1975), and without limiting the scope and use of this response, paragraphs 2 and 7 thereof are specifically incorporated herein by reference, and any description herein of any "loss contingencies" is qualified in its entirety by paragraph 5 of said Statement and the accompanying commentary (which is an integral part of the Statement). In the course of performing legal services relating to the Town of Ithaca's business, we normally do not address or make any conclusions relating to unasserted possible claims or assessments that may call for financial statement disclosure unless the Town of Ithaca specifically makes request for legal services in relation to any such potential unasserted claim or assessment or makes a direct request for any conclusion or advice relating to any need to disclose the same. The above information is solely for your information and use in connection with your audit of the financial and operational condition of the Town of Ithaca, and is not to be quoted in whole or in part or otherwise referred to in any financial statements of the Town of Ithaca, or related documents; nor is it to be filed with any government agency or other person without my prior written consent. Very truly yours, T LER & H uy K. Krogh, E PC: Herb Engman, Supervisor, Town of Ithaca/ Al Carvill, Budget Officer, Town of Ithaca Susan H. Brock, Attorney for the Town of Ithaca FOREST HOME IMPROVEMENT ASSOCIATION ITHACA, NY 14850 Herb Engman Town Supervisior Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 July 20,2009 Dear Herb, On behalf of the Forest Home community, I would like to thank the Town of Ithaca for its generous contribution of over$37,000 to the first phase of implementation of our traffic-calming plan. We recognize that this is more than the Town had originally agreed to contribute to this effort. We are extremely grateful that you were willing to provide the additional funds so that we could take advantage of the money available this year from the ITCTC. Please extend our thanks to the entire Town Board and to the staff who have been so involved with this project. We certainly could not have gotten to this point without their contributions and support. We look forward to continuing our work with the Town to enhance our small community. Sincerely, Michael Bend President, Forest Home Improvement Association 127 Warren Road Ithaca, NY 14850 607-319-0827 e�GR�Asioa.ti�,�o y r c v a O w � D LL � O NEW YORK STATE New York State Office of Parks, David A. Paterson Recreation and Historic Preservation Gcr.orncr Finger Lakes Region • 2221 Tau hannock Park Road, Trumansbur NY 14886 Carol Ash } 9� '� 9, Commissioner 607-387-7041 Tim Joseph www.nysparks.com AL11gUst 10, 2009 Regional Direclor Hon. Herb Engman Town Supervisor Ithaca Town Hall 215 North Tioga Street Ithaca, NY 14850 Re: EQBA Post Completion Inspections South Hill Recreation Way Trail 88-MP-2037 Dear Mr. Engman: ate-►, As part of this agency's continuing administration responsibilities under the Environmental Quality Bond Act (EQBA), periodic site inspections are conducted. The NYS Office of Parks, Recreation and Historic Preservation (OPRHP) is the agency that administers the EQBA grants and conducts inspections. These inspections provide the opportunity to determine whether properties developed with funded assistance continue to be used for public outdoor recreation purposes. Additionally, the inspections help determine if the facilities are being properly maintained and operated. As a result of the inspection on July 16, 2009, we have found the park to be in excellent condition. The Parks Maintenance Department has found inventive ways to work with the local neighboring landowners and community at large to add additional maintenance on the trail and fences. However, there are a few itcois. which I would like to bring to your attention, and ask for your help in resolving; picasc sce attachea list of deficiencies. The inspectors noted that the EQBA signs are posted but no longer legible. Please purchase, post, and forward a photo of the installed sign. Specifications and information on obtaining an EQBA sign have been included. One of the EQBA program requirements is the continued display of the EQBA acknowledgement sign. The sign must continue to be posted Lentil June 2018, which is 23 years after the date of last payment, June 8, 1995, An Equal Opportunity/Affirmative Action Agency FLSPOOr(010e) If you would like to be notified of future inspections or would like to accompany us on inspections, please feel free to request notification. It is important however, that you know we are not mandated to inform you of our intent to inspect. Your attention to and cooperation with these federal guidelines is greatly appreciated. If you have any questions or need additional information, please contact me at your convenience: (607) 387-7041, ext. 112 or via email at chandra.theetg_e mprhp.state.ny.us. S2Iandra ?D. Theetge Regional Grants Office Enclosures Cc: Grants—OPRHP/Albany; Town of Ithaca Public Work Department Proiect# Park Grantee Deficiency-listed below EQ-88-MP-2437 South Hill Recreation Way Trail Town of Ithaca Playground Surface- Trail surface was a stone dust crushed stone walkway. The trail surface is great for running, walking,biking, etc. *The U.S.Consumer Product Safety Commission for Playground Safety Regulations can be found at: http://www.cpsc-mo -sct)ub/cubs/nlamubs.html Handicap Accessibility- • A designated point of access that may contain a parking area, information kiosks,restrooms, water hydrants, and may be reached by vehicular or pedestrian access is available but not designated as a handicap point of entrance. Since the trail is very accessible,it is suggested that it be advertised/posted with designated access'points signs at trail heads identifying where accessible trail segments are. • 36-inch trail tread width is available. • Handrails are not required on trails. Instead,the below mentioned committee has limited the length of steep portions of trail segments and required resting intervals,which are not currently available at the handicap entrance. This is however, a suggestion which could be adhered to should the handicap ramp entrance be repaved. *Suggestions by The Regulatory Negotiation Committee for Outdoor Developed Areas Report: http://www.access-board.gov/outdoor/outdoor-rec-rpt.htm *NYSOPRHP Statewide Outdoor Recreation Plan- _htta:/hvww.nysnarks.state.nv.us/aeency/score/ Required Signage-. • EQBA signage is worn and needing replacement- sign ordering information was left with Mr. Schoch. *Please see enclosed ordering information. When sign has been posted,forward our office a printed or digital photograph,providing proof of compliance. Repairs and Maintenance- • There are very few items of repair or up keep needed, the trail is very well maintained. • There is a bench,which needs to be repaired/replaced near entrance. • 'There is a fence post near the Burns Road entrance that needs repair. • The Burns road entrance ramp has a few minor potholes. • There are a few items of graffiti near the Six Mile Creek entrance. r�"i Town of Ithaca South Hill Recreation Way Tra q q Inspection– 07/16/09 � E , p Inspector– CT »»»»» d E BA Sign faded and smalle ­ ha� a a •, predetermined dimensions. ;' ` n 4 F� »»>Broken bench Yep r � y` and small amount of litter. WWE r g r rr �� it , x ' `ti. l ..':off' •% av� "'• '. <<<High community traf- fic—very raf fic—very enjoyed by com munity. « a r »»>Small amount of lit- S' t d J� �e�° F'�!mak'.; �A•�-i-� A�� ter• s,r"�.+l,y fit',,..k}r �.,` �, a �% �` <� �� �.,� y.,�,, � •�, -: �: � 8^�i L'S,' _A'7 ^% , ��fS4 kT "k'�' a,,.tr."�•F` �a:;,�r ��''k� }°�.. Al`����„� � ' •,M t'.`: IIIA II III ' a•. EQBA Sign faded and smaller than pre- µ f: determined dimensions. 4 � � � A GCC A 6 ,:may^ +tin ' }� •m.;P�;.., "�, " ? , ".niflt Y 3 t a { n t d etc fl`k- {« v Bollards are disintegrating rating over time. 'I .� err � t No signs of rebar. 17r� X.Y LU „ Broken fence .+a s � 6 KiV, l� h w 'r , �, n '511 tilt: a e "421 MAY � F^1 MPL ,F1 P F,f4 . �, .. N ✓ :a ���tyEp"��py�l(@ 101E ,M',.aF too ��'°►� Graffiti £� ---»''<-;""- tl—;– "'»' W t .•9 rw.. ^gkFWYi «*+ � rY P S x �f �TiY\# rvtxt AkJi hY tl 4 M� s - IMA + Qjj s ` « fi lj rfd fit— @� � Graffiti d � � Yom• ..__... #t 1 J''S Y� . h Y iv.E"��'^ * r Sa?ib V 4 t 'wb x T 4 e. P »»»»»> Some minor pot holes in the ` Burns Road entrance ramp. ' v x ' Broken fence AT No g « kn z' WE «««Small amount of litter. , s .71 411 • M 1 �� Y•^ Www.:. r .. EQBA Sign missing. s a T� b1 - M1:F a "gni q{ y Ai Handicap Accessible ramp a a does not have a resting area due to length of slope. s � � " r See Access Board Suggestions ,, ,-: ,� .',:��- ,.r ..°ec,? �• .: �. � �7- r �. t�"§ v;'�race r k�ety�, 1�}y i�� P `L OPWs td s Graffiti ' $ CCG« .,y. �,y Handicap Accessible ramp iso . in need of repaving due to j s `weed over growth and pot holes. ' -- R, u a . CCCCC ■ r �; Handicap Accessible ramp is •- ��M ��"'� in need of repaving due to " weed over growth and pot ^� x tr Sr �rt .�•se x�f' vi' «u h holes. r'., 1 sj �°3!61ba..1��"' }�"�.:is R��o'1.sS" 1✓',- P`a.ra ;r"`Ptteld6ReY., e »»»» -,- k- :- EQBA Sign faded and smaller * than predetermined dimen- sions. w tiry'' � r � , CCCCC ri Handicap Accessible ramp is in need of repaving due to " weed over growth and pot ! TOMPKINS ( 0 ICY._ H4Y DIVISION 170 Bdstanr,c��k Rbidjlt�ac ; NY,14850 '607-274[1300' S�. FAX:fi07=272=8489° August 12, 2009 Gene Redman,Acting Highway Superintendent Town of Ithaca 106 Seven Mile Drive Ithaca,NY 14850 Dear Mr. Redman, I agree with your consultant, McFarland-Johnson, on the location of the entrance feature on Pleasant Grove Drive. The installation of the entrance feature at the top of the hill is preferred over the location at the mid-point of the hill. An additional advantage placing the entrance feature at the top of the hill is that commercial vehicles realize that they are entering primarily a residential area, and they have the option of turning. I believe that installing of the entrance feature at the mid-point will compound sight distance problems that already exist in that location. The placement of a speed table on the mid-point will increase grades,which may be a problem in the winter season. Placing the entrance feature at the top of the hill, with the light pole at 2'-6" behind the curb, is not the ideal situation, but I will allow it. On County Roads, it is preferred that immovable objects, in this case a light pole, be placed outside the roadway right-of-way. It is suggested that the Town petition the State and reduce the speed limit to 25 mph. If you have any questions, feel free to contact me, at (607)274-0300. Sincerely, C Vimnk zes Highway Manag 7 P^ WS/gll Recycled paper OF jT,� I 9 TOWN OF ITHACA is 21_ 215 N. Tioga Street, Ithaca, N.Y. 14850 �W yo 4 www.town.1thaca.ny.us Town Supervisor(607)273-1721, Ext 125; HEngmanCq town.ithaca ny.us TOWN CLERK (607)273-1721 PUBLIC WORKS (607)273-1656 ENGINEERING (607)273-1747 PLANNING (607)273-1747 ZONING (607)273-1783 FAX(607)273-1704 August 17, 2009 Erik Whitney Assistant Superintendent City of Ithaca Department of Public Works Water & Sewer Division 510 First Street Ithaca, New York 14850 Dear Erik: I have reviewed the billings for the First Street Interceptor sewer and have a concern with the total cost of the project. The original maximum project cost was estimated at $1 ,925,000 with the Town of Ithaca responsible for 41 .57% of the cost. The Town Board Passed Resolution No 2005-040, on March 7, 2005 authorizing the expenditure of up to $800,000.00 for the Town's share of the project cost. I have attached a copy of the Resolution. To date the Town has been billed a total of $1 ,015,142.09 for this project, which exceeds the amount agreed to and authorized by the Town Board in the amount of $215,142.09. The Town did not receive any formal notice that the project costs were going to significantly exceed the project budget until the Itemized billings were submitted a significant time after the project was completed, and the Town Board has not approved any additional expenditure for the project. The Town has paid the City of Ithaca a total of $595,613.90, which leaves a balance of the authorization in the amount of $204,386.10. A voucher for this amount is being prepared and will be considered final payment for the project. Sincerely, erbert/erviso ma Town S o rn o N C> r M 0 0 o CO C5 cNi Q 000 10\ N N V EfT FFT E9 \I a c c _m ii c° m Ln Ln o a 0 0o Cn a o 0 cli c C r� m o c Ln E 69 69 a Ln to rn 0 O w T Eao L6 06 U c O L U 0 .D EFT 64 6 p E9 69 E Q COM 0C+90N070) LO9 N LnN000) Or C) O 0 W h 14: V 9cggrl: CD000L9 w *- 'It "t N "Zt O O O cc vca q- f, ItItr- Wr� v W n M - 0NMMtt N O N 00 0P, Mr- 04O V MIt0m - M v O = o ti N ti �r CD N M0 CD 0) M O 0 Ln 0 M r 0 0 - 0 r fn I- O -t V CA r CD 4 Lfl I-:O M O O M N O r CD Ln O Ln Lq tnv (FT 69r- mm r- r- M NNMNCDOCD r O z r 69 69 69 69 60 69 60 69 69(a -6969 69 t9 69 69 O 000 cm d r O 69 CDM 01� w0 - 00VMN w1*- CONONr N CDO N - 0rf C00r, MM0 - MOON OM Cl) 066 O66M4CV 66 66 r- 6N6 4 v lJJ cc COt) NNt, -IOp V CSD O C07_ 00 LOn N CND L O~0w c ¢ u T LD CD C0 - 0 CO 0 0 CO Cb CO CO T n r st CO N to = M 00 Ln 69 69 r O M I- M O M ch I,- 'gr Nr M w r O N 64 69 rE9 T-(FT(fl 6% — 66969 T-69 69 69 69 r 69 v } 69 U C00 M COD C00 Cn0 l[ M ti C00 Lq � O � Lq q CSO ONO N Vw• MCV CA CMOCACOLoCOmMN (M to Cc � WMCn CD r r 00 N h Ln N M CO 0) Ln Cl) V CO LO w 0) O 0 ,0 Cao M I�Cl) U) M T It Cl) (000) - CD CO CO n ° 20p (0 TOON9T9COCAM Vr0le !f co N U0 CO CD rra) l� lO) Mww0h OI'- wto � MLn v 69 6969 Q G � E964E9E9�6969� X696964 r r r er N O0 Eg H y i9 .0 N CO CV z fd ¢ N d N O gE H c c -a m CD cn cn (q CO CO Cn fn in a a� oo 10rDM0 T TOTTOOV12cz rJ 'O'cooma -52223 22222m CO � N eao ` ` U oa < < < < < < WO ig mZ5 n2w = � 555 LLLL .CLL CI iiiL ini � rrr r5 aia U w 0 0 0 0 0 0 U o o o o p m � 0 0 0 ii - ii ii fn fn fn U z z z o z cn fn fA U Co = --x Y Y Y Y U U C U U U U U U U U U U C U U V U (n 0 0 0 0 0 0 22 .2 0 0 22 02 0 0 0 0 m m m m m m CO CO CO CO CO CO E m m m m m m 00 0000000000 �•pp00000 � nV C� (L � CCO(M .;rCn' NNa0000nn M M 'T N Q Ln LO Co n h h nrl- I. h I. N N w w w w w w w w 0000000000000000 0000 LU 000000000000000ng0000 N N N N N N N N N N N N N N N N N N N N N TCO) CO) d' d' v' vvvv � Ln � � � www00 M M M \ \ \ \ \ \ \ \ \ T T T T T T T r ¢ LO LO Ln Ln T T 43 East Main Street 215 N.Tioga Street OF ?, Dryden, NY 13053 Ithaca, NY 14850 IO 0 T 607 844 8888 T 607 273 1721 18 21 — r • www.dryden.ny.us www.town.ithaca.ny us — 1 Sur2eryisor@dryden.n y.us HEnqman@townJihgcany.qs _ 0 Mr. Jon Jensen Park Foundation, Inc. PO Box 550 Ithaca, NY 14851 Dear Jon, We are pleased to provide this letter of interest for a potential project in the Towns of Dryden and Ithaca. We anticipate submitting a full application by the October deadline. The project would include funding to support a three-year,full-time sustainability planner position that would work across the town boundary to study the policy, planning and operational needs to incorporate sustainability into the towns. The towns are relatively similar in staffing levels and structure within Tompkins County. The towns also occupy similar landscapes relative to the City of Ithaca with the Town of Ithaca surrounding the City, and the Town of Dryden sharing a boundary with the Town of Ithaca,as well as several other towns, and the Village of Lansing, and extending to the Cortland County border. This position is particularly pertinent at this time as both towns are currently updating their land use planning and regulation systems, including their Comprehensive Plans and zon- ing and other land use laws. The work accomplished through the sustainability planner position would be inte- grated as a fundamental part of the comprehensive plans, in addition to including specific policy and operational recommendations. Furthermore,the two towns together include the full development spectrum from urban to exurban/rural fringe and all the current and future issues that the range represents. If you feel this idea is in keeping with the mission of the Park Foundation,we would very much like to meet with you in as soon as possible to discuss the specifics of a full proposal. Sincerely, MaryML ry nn Sumner, Town Supervisor /Herb Engman,Town pervisor 1 September 18%2009 Herbert Engman Town of Ithaca Supervisor 215 North Tioga Street Ithaca,NY 14850 Dear Mr. Engman: As chair of the trustees of the Forest Home Chapel I am concerned about the parking situation at the chapel.Although congregations in general may be suffering from decreased membership,we are proud to maintain a healthy organization and commonly exceed our parking capacity. Upon further investigation I became aware that our current parking area,which is located directly across from the chapel,is owned by Cornell University and is part of Cornell Plantations. Forest Home Chapel has had a lease for this parcel for nearly twenty years, and has probably used it for parking many decades more. Our interest is to increase the capacity of the parking area(within existing and proposed town requirements)and iunprove the safety and functionality of the parking lot. During a recent meeting with the Director of Cornell Plantations,Don Rakow,I learned that the Town of Ithaca has had an active interest in this parcel over the last year or so.A fellow trustee of the chapel,Ed Oyer,and I would like to have a meeting with you as soon as possible to discuss our mutual interests. The Forest Home Chapel appreciates its role in the neighborhood as not only a place of worship,but also a community center and meeting place for town and neighborhood meetings and events. I appreciate your attention to this issue,and look forward to discussing it with you in the near future. Sin ly, r Philip E. Walker 1105 Hanshaw Rd. Ithaca,NY 14850 �l`-oF IT, ° �> TOWN OF ITHACA Le ? 215 N. Tioga Street, Ithaca, N.Y. 14850 4' yo y www.town.ithaca.ny.us Town Supervisor(607)273-1721, Ext 125;HEngman@town.ithaca.ny.us TOWN CLERK(607)273.1721 PUBLIC WORKS(607)273-1656 ENGINEERING (607)273-1747 PLANNING (607)273-1747 ZONING (607)273-1783 FAX(607)273-1704 September 10, 2009 Mr. Philip Walker 1105 Hanshaw Road Ithaca, NY 14850 Dear Mr, Walker: Thank you for your letter of September I regarding the Forest Home Chapel and the Cornell Plantations. I was approached by Don Rakow well over a year ago about the possibility of the Town of Ithaca taking over the land bordered by the line near the Forest Home Chapel, Fall Creek, the downstream bridge and Forest Home Drive. I discussed the possibility with Town staff and members of the Forest Home community. Since the response was favorable, I informed Cornell that the Town would be willing to accept the property. I have checked on progress a number of times and have been told the paperwork has been held up by the Iegal department at Cornell. I had tired of asking about it, but your letter will inspire me to inquire again. I would be happy to meet with you and Ed Oyer. Maybe by the time we meet I will have more information from Cornell. Can you meet during working hours or only before or after? If we can identify a time slot we can schedule a meeting. I can be reached at 273- 1721 Ext. 125 or HEnginan@town.ithac�t.ny.u5. Sincerely, Herbert J. Engm• Town Supervisor �f�A7POry.y ry 4 4 a x <, David A. Paterson j NEW YORK STATEi Governor Ash New York State Office of Parks, C mmissioner Recreation and Historic Preservation The Governor Nelson A. Rockefeller Empire State Plaza•Agency Building 1,Albany, New York 12238 www.nysparks.com September 25, 2009 Town Supervisor Herb Engman Town of Ithaca 215 North Tioga Street Ithaca, NY -14850 Re: Decision and Statement of Findings Adoption of a Master Plan for Black Diamond Trail Dear Supervisor Engman: Please find enclosed a copy of the Agency Decision and Statement of Findings for adoption of the Final Master Plan for Black Diamond Trail. These documents were prepared in accordance with the State Environmental Quality Review Art. Thank you for your interest and participation in the environmental review process. If you have any questions regarding the attached, please contact me or Janet Zuckerman at (518) 474-0409. Sincerely, )omas B. Lyons Director, Resource IM nagem nt Att. cc. Sue Poelvoorde Bob Reinhardt Janet Zuckerman An Equal Opportunity/Affirmative Action Agency Q0 primed on recycled paper gAYION PGP Harp ¢ -0 a LL V R 2 p David A. Paterson u .,EW YORK STATE 2 Governor Carol Ash New York State Office of Parks, Commissioner Recreation and Historic Preservation The Governor Nelson A. Rockefeller Empire State Plaza•Agency Building 1, Albany, New York 12238 www.nysparks.com AGENCY DECISION AND STATEMENT OF FINDINGS Adoption of a Master Pian for Black Diamond Trail The New York State Office of Parks, Recreation and Historic Preservation has prepared a Final Environmental Impact Statement (FEIS) and Final Master Plan for the Black Diamond Trail located in the Towns of Ithaca and Ulysses and the City of Ithaca in Tompkins County, New York. By the authority vested in me in State Parks, Recreation, and Historic Preservation Law, I do hereby adopt the Final Master Plan for the Black Diamond Trail. This decision represents certification of the attached Findings Statement prepared in accordance with the requirements of 6 NYCRR Part 617.11, the regulations implementing Article 8 of Environmental Conservation Law - the State Environmental Quality Review Act. This decision is based on the Findings Statement and the content of the Master Plan/Final Environmental Impact Statement. Carol Ash Commissioner NYS Office of Parks, Recreation and Historic Preservation Ai�± /- 3 ` a Date Qp printed on recycled paper r� jnity/Affirmative Action Agency P`G��p7iDN.y�rO C S G v David A. Paterson L, rvEW YORK,91ATE z Governor New Fort` State Office of Parrs Carol Ash � Comm issioner Recreation and Historic Preservation The Governor Nelson A. Rockefeller Empire State Plaza•Agency Building 1, Albany, New York 12238 www.nysparks.com DRAFT FINDINGS STATEMENT State Environmental Quality Review Act Black Diamond Trail Master Plan Pursuant to Article 8 (State Environmental Quality Review Act - SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617, the NYS Office of Parks, Recreation and Historic Preservation (OPRHP), as lead agency, makes the following findings: Title of the Action: Adoption and Implementation of a Master Plan for the Black Diamond Trail Location: The Black Diamond Trail is a 15-mile, off-road and pedestrian and bicycle trail facility located in the Towns of Ithaca and Ulysses and the City of Ithaca in Tompkins County, New York. Description of the Action: The action is the adoption and implementation of a Master Plan for the Black Diamond Trail. Date of Completion of the Final EIS: July 9, 2008 Findings: 1. These findings consider the following relevant environmental impacts, the facts and conclusions disclosed in the Final EIS; weigh and balance relevant environmental impacts with social, economic and other considerations; provide a rationale for the agency's decision; certify that the requirements of 6 NYCRR Part 617 have been met; and certify that consistent with social, economic and other essential considerations from among the reasonable alternatives available, the action is the one which avoids or minimizes adverse environmental impacts to the maximum extent practicable, and that adverse environmental impacts will be avoided or minimized to the maximum extent practicable by incorporating as conditions those mitigative F_. measures that were identified as practicable. An Equal Opportunity/Affirmative Action Agency - 1 W prinled on recycled paper Y 2. The Final Plan was subject to a complete Environmental Impact Statement process including three public information and scoping meetings and a public hearing. 3. The Final Environmental Impact Statement contains a chapter on responses to the comments on the Draft EIS. This chapter contains clarification of issues raised during the review of the Draft EIS. It also provides information that has been used in the preparation of the final plan. 4. The Black Diamond Trail is located in the Towns of Ithaca and Ulysses and the City of Ithaca in Tompkins County and is within OPRHP's Finger Lakes State Park Region. 5. The Black Diamond Trail is an off-road bicycle and pedestrian dedicated trail facility for residents and visitors of Tompkins County, New York,with a focus on connecting the four major State Park facilities in the county(Robert H.Treman State Park, Buttermilk Falls State Park, Allan H. Treman State Marine Park and Taughannock Falls State Park)to neighborhoods and communities and other major trip destinations. The trail is projected to be 15 miles in length and encompass 226 acres of public lands. 6. The setting of the trail includes three different landscapes: • The trail segment connecting Robert H. Treman to Buttermilk Falls passes through the Cayuga Inlet stream valley. The area provides a variety of natural and cultural settings consisting of bottomlands lush with regenerating floodplain forest vegetation and wildlife and small pockets of wetlands. Much of the area had been farmed in the early 19'x'and 20th centuries by Native Americans and European settlers. • The trail segment connecting Buttermilk Falls and Allan H. Treman State Marine Park follows a former railroad corridor and the banks of the Cayuga Inlet Flood Control Channel through the City of Ithaca.The area has pockets of floodplain forest along the Cayuga Inlet stream adjacent to the abandoned railroad corridor before entering the urbanized landscape of Ithaca and the City of Ithaca's Cass Park. The longest segment of the trail, connecting Allan H. Treman to Taughannock Falls is the rail-to-trail component of the project._ This segment of the trail follows the route of the former Lehigh Valley Railroad line. The landscape at the southern end consists of towering canopy of maple, hemlock, oak and hickory trees, then transitions to open agricultural fields, abandoned agricultural lands and rural residential land uses as it heads north to Taughannock Falls. 7. In addition to providing a,connection to the four major state park facilities in Tompkins County, with their campgrounds, swim areas, picnic grounds and hiking trails; the Black Diamond Trail provides an off-road trail alternative to access neighborhoods and parks in the City of Ithaca, residences and businesses in.the Town of Ithaca, the Cayuga Nature Center in the Town of Ulysses and residences and businesses in the Town of Ulysses. 8. Natural resource inventory literature searches and filed investigations identified the presence of two locally rare plants, Kentucky coffee tree (Gymnocladus dioica) and green dragon (Arisaema dracontium) and two rare animal species, tawny emperor butterfly (Asterocampa clyton) and bog turtle (Clemmys muhllengergii), within the trail study area which included a one- mile width along the proposed trail route. Field reports compiled by the Natural Heritage t4� Program were consulted to identify the latest records for the butterfly and the turtle. The tawny emperor butterfly was last reported in 1993 and the turtle in 1940 which is not expected to be found in the trail study area due to the dramatic changes to the turtle's preferred habitat. - 2- 9. Portions of the trail corridor will pass through locally unique ecological communities, including floodplain forests and wetlands. Public acquisition of these areas provides an opportunity to protect and expand the acreage of these locally unique habitats. 10. The plan identifies guiding principles for development of the trail, following the OPRHP mission to provide safe and enjoyable recreational and interpretive opportunities for the state's residents and visitors, and to be responsible stewards of the valuable natural, historic and cultural resources. 11. Goals for the trail include: • Increase opportunities for trail-based recreation and multi-modal transportation options in Tompkins County and the Finger Lakes Region. • Protect, enhance and interpret the scenic, natural and cultural resources • , Develop the trail to promote a safe, high-quality, diversified recreational experience and alternate transportation choice. • Minimize and/or mitigate, as practicable, impacts on adjacent landowners 12. Two primary alternatives were identified in the Plan: (1)the Status Quo Alternative and (2) the Preferred Master Plan. The Status Quo alternative consists of the current situation, which is no off-road, bicycle and pedestrian dedicated facility. The Preferred Master Plan option for the trail is a combination of design elements for multi-use, multi-purpose trail facilities that best meets the goals for the trail system. This alternative represents the Final Master Plan. 13. Development of the Black Diamond Trail will consider the impacts on all of the natural and cultural resources and construction and operation impacts will be avoided or mitigated to the' greatest extent practical by using construction techniques and materials that suit the landscape and by instituting operation and maintenance practices that protect the resources. Impacts associated with the implementation of the plan and mitigation measures identified are as follows: • The Natural Landscape - Flora and Fauna The trail segment between Robert H. Treman and Buttermilk Falls, which passes through the Cayuga Inlet corridor, is likely to be the most sensitive to change in use. Careful on-site planning and siting of the trail in consultation with a botanist and DEC wetlands staff will mitigate any potential impacts and avoid any rare plants. For the remaining two segments of the trail, the natural landscape includes abandoned railroad corridor and flood control channel areas that either consist of second growth herbaceous or shrub species or cultivated grass. In all three segments, invasive plant species are present. As a result of the proposed trail acquisition and trail development of the properties, a positive impact will be the development and implementation of management plans that will reduce or eliminate'invasive plants and improve the biodiversity of the existing ecological communities. The removal of vegetation and the presence of people may affect the bird communities, particularly along the trail segment between Robert H. Treman and Buttermilk Falls in the Cayuga Inlet. This area has been relatively undisturbed since the mid-1900s when agricultural lands were abandoned. 3 The reintroduction of human activities could impact bird species that are not accustomed to disturbance. To mitigate this impact, lands will be acquired to allow siting the trail far enough away from the Cayuga Inlet and thickets of vegetation to protect bird habitat. In addition, new plantings will enhance habitat for floodplain forest bird species. -Water Resources Over the course of the 15 miles of trail, approximately 16.3 acres of vegetation will be removed and converted to trail surface. Of the 16.3 acres, 3.9 acres will be converted to an impervious asphalt surface. Impacts to water resources are expected to be minor. The conversion of vegetation ground cover to trail surface will result in a small increase in stormwater runoff. To mitigate the potential impact, OPRHP has selected surface treatments that have lower runoff rates and will install vegetation swales that slow the•rate of flow and act as a water filter. The Cultural Landscape -Archeological Resources No adverse impacts to archeological resources are anticipated along the 15 mile trail corridor. Positive impacts associated with interpreting the history of the area will result from development of the trail. Remnant railroad infrastructure will be incorporated into the trail design thus allowing for railroad history interpretation. Potential impacts to prehistoric resources in the trail corridor between Robert H. Treman and Buttermilk Falls will be avoided in any construction in the area. - Community Resources While many positive impacts are associated with the development of the trail, the active use of the trail corridor for transportation and recreation will result in changes to the environment for people living along the trail, including residential and agricultural properties. The segment linking Allan H. Treman to Taughannock Falls utilizes the old Lehigh Valley Railroad corridor which has not operated since the 1950s. Since that time, the corridor has seen little to no use other than that of adjacent property owners. To mitigate the change, OPRHP will incorporate fencing, vegetation screens, property boundary postings and orientation and interpretive signage into the physical trail development. Through the operations plan, security staff will be assigned to monitor activities on the trail. Also, OPRHP will encourage the establishment of a"Friends of the Black Diamond Trail' group involving local residents and service groups that can assist OPRHP in operating and maintaining the trail. -Tax Base Property acquisition will result in property being permanently removed from the local tax rolls. The acquisition of properties for the Black Diamond Trail has occurred in stages over time and as such has been absorbed by Tompkins County and the towns incrementally. The involved municipalities are supportive of the project and the benefits associated with transportation and health. Also the trail is expected to contribute to tourism revenues and sales tax in the area which will help offset the reduction in property tax revenue. -4 - 10/1/04 U L br E - /} � iRoN � � � Gff � ani ff � T fl z,1 U E AJ � �J (3�- 1 � l�tl TE -TE N G m A,�j '-T1 G-q —FO wly' SUPER VIsot1 Sr. T6/Ac- L ui� F,ar_A ,.or . c lse N rO/ Ta � iG � ELL- t S H o 4 L.D w RD, ra 7-s - J dw r"a Tuesday October 13, 2009 Town of Ithaca Town Supervisor and Town Board 215 North Tioga Street New York, NY 14512 Alfred F. Carvill 5906 Route 21 South Naples, NY 14512 Dear Supervisor Engman and Board Members: Please be advised that it is my intent to terminate my employment as Town Budget Officer for the Town of Ithaca and apply for retirement benefits effective the 31" of March, 2010. I have given to the Town of Ithaca residents, its employees and elected officials my best over these 13 years and I am proud of my accomplishments. In ending this retirement letter, I want to express that I am not retiring from life just as the Town's Budget Officer. It is my hope that the Town and other municipalities will call upon me as an independent consultant since it is my desire to develop a municipal consulting practice where I can use my years of education, training, and knowledge in assisting local communities as well as filling the need to supplement my pension benefits. Sincerely, A ed F. Carvill 1 � t ! or w , Department of Assessment r ~+ w 128 East Buffalo Street Valeria Coggin Jay Franklin Director Assistant Director October 13, 2009 Herb Engman --- --�� Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 Dear Mr. Engman, This letter is to inform you that the New York Legislature has increased the maximum income level for eligibility for the "Persons sixty-five years of age or over" (RPTL 467) and the"Persons with disabilities and limited income" (RPTL 459- C) exemptions. The previous legislation allowed for an income limit of$28,000 to receive a fifty percent (50%) reduction in taxable value. This legislation now allows for the minimum level to increase to $29,000 for the 2010 Assessment Roll. In addition, this legislation allows for the maximum income level to be increased to $37,399 for eligibility for a five percent (5%) reduction in taxable value. The Tompkins County Government Performance and Workforce Relations Committee at their September 9, 2009 meeting decided not to increase the maximum income. Their decision not to increase the exemption limit does not affect your ability to change the income limit for your taxing purposes. The new maximum scale is as follows: Maximum Income Scale Allowed for 2010 UP TO 29,000 F_ 50% EQ/MORE LESS THAN 29,001 30,000 45% 30,001 31,000 40% 31,001 32,000 35% 32,001 32,900 30% 32,901 33,800 25% 33,801 34,700 20% 34,701 35,600 15°0 35,601 36,500 10% 36,501 37,400 5% Enclosed please find a spreadsheet listing all of the taxing jurisdictions within Tompkins County and the current corresponding income limits. If your municipality/school district would like to adjust your income scale for these two exemptions, the Department of Assessment needs to be notified by March 1, 2010 to apply the higher income limit to the 2010 Tentative Assessment Roll. If you have any questions please do not hesitate to give me a call. Sincerely, Jay Franklin Assistant Director of Assessment Mail Address: Tel: 607-274-5517 128 East Buffalo Street Fax: 607-274-5507 Ithaca, New York 14850 assessment@tompkins-co.org http://www.tompkins-co.org/assessment/ n 0 N Ch r O � r w+ Lo Lo LO Lo Lo O LO Lo to Ln Ln Ln Ln Lo Lo N a 00 00 0 0 00000 00000 0 0 a a0aa00aaoaaaa oa00oaa0000 aaC) 0 r a 0 d � 0 L° m v_ d�v_v_v_v_ v_v_v rn �r L o F2 � � E Qt 01 ti 07 0) (p" (p N N Lc� 0) 0) m CO (C) CC) CO CC) m N Co co co co 0) N 0p' m 03 N 61 cm � (V tE mcn C) (V tE tE � M MMM M � MMMNCO � � N tE tEM _ - O O 69 O 6F9 69 O 6g O O O 6�>fA 64 69 64 O 69 69 69 m 6) O O � O O 69 z z Z Z Z Z z Z � Z Z Z Z Z ° 0 00 0 0 00000 00000 0 0 cc O 00 O O 00000 00C300 O 0 0 JLR 00 O co 00000 000 Lp0 Lo O o CA 00 00 h N 00 00 00 co 00 v 00 00 O 00 C7 et m o NN V- vl* NNNNN NNNNN N N E O fJ3 69 69 64 69 69*6>6% E9 6f>6f>fA 64 E9 69. 61) v O c L M CO) J >. � N 0 � 0) (0 wamo a ' wN O c ° d > > WOf coyN m� a) 0 .9� °c C0O �N ` cmoo vm � Znm Eo ° ° N N °gypj ❑ 72J � LL -j3 z N CZ o O -0 0C~ O OOO OZ O 0 O O ° O ° OF p 00 ° 0 0 O CD O� 0 c OO C UO 0.- = L = O O 0 0 0 0 O9 m Nroci ° ° � ° � 5 .i0 � nods � F- F- � � > � -occ � cg U) � CD rn 0� � � 3 0 0 0 0 O O o 0 0 0 0 0 0 O o o L L 0 0 0 o 0� o o O O o LO LO L J ` NNONCN NNW) NO to Lo to LotONtotnLOLoto ONLnrinC) d a 000000. 0000 000 ooOOOOOoOoo 00000 •- ° 0000000000 000 00000000000 00000 N Etil- o) 0Nv_vl- w0 Nrr- I : Vqf 14Tvd_ I- Nrvv0) v r- 0) IVvv C OLd-- r�:q CO (OCO (UNLA L6 6 (O(D(Od 0 (6N(6(606 6 dC6g ACV OU � T- NN " MMT- T- N Mt- M MMMMMNMMMNM NNcc�r11MCc) E = 0069,6469696% 6%6900 696'! 4 0 6696f>6f> Ef}646% 6964640 064646% 69 J c x0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 000000 > o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 --- E - y a 0-to to to 0 0 o N Ln 0 0 0 0 -_ 0 0 0 0 0 0-O O o LO 0 -- Lo O Lo o o o Jooioi(o00oCg7r�otioi06 060o0o(C-W �COCo000 r-- too(ol-v K o � 69r � V- NN - 0 - - N69N NNNNNNNNNNN - " NNNN W 64 0 64 69 69 64 69 64 64 69 64 69 69 69 64 64 69 64 64 64 64 69 69 69 69 0 69 64 O LOO C 0 L N 0 :3L L J LO C c C L (o Cm CO 0 N y (D C .O C O to _ C rm O a Ufn � aE fn fn cc ° o � � Ovy ° c(p O o 6 w Mo j ❑ C) -23o cm E 4- jz n D OW - ° w pO O OOZp pOOOO ° OO MO ° ° H 6 75 - - O 1OUz, C 3C~ o 3 w OLLLL0v °ttmoto 0 m4) cU ° V F 0 F- � o c ocon � 0 � F �� O � > W Co C> N > Z Sean Mann 1 Meadowlark Rd Ithaca,NY 14850 Herb Engman,Town Supervisor 120 Warren Road Ithaca, NY 14850 October 20,2009 Dear Mr.Engman, I have watched the events surrounding the moratorium on the Briarwood II development with much interest over the past year or so. This debate frustrates me in a number of ways. I really wish to see this development done. This land will never be of any use to the public and has very minimal environmental value. There is a desire by many young people moving into the Ithaca community to have affordable and newly built housing. I deeply desired to live in this area due to its rich natural resources like Sapsucker Woods. The best house we could find was 30 years old,in deteriorating condition,and overpriced in my opinion. This option was better than trying to live in the City of Ithaca as most houses there are even higher priced for the condition they are in. I love the Sapsucker Woods area and think that an increase in the size of the community will greatly enhance the area. I do not pay Town of Ithaca taxes,but I am very close to the town line. The increase in the town of Ithaca tax base would provide extra revenue for projects like sidewalks on Hanshaw Rd or Sapsucker Woods Rd where they are desperately needed or it may even help to create a fund to better improve the drainage of the area. If my resources are correct then Lucente is currently contributing$846 to Town and County taxes for this land. If 18 homes were to improve this land at an average assessment of $250,000 per home then there would be$4.5million of assessed property added to the Town's tax rolls. This would increase tax revenue to around$23,000 for town and county taxes on the land and improvements. Not to mention the other revenue and taxes that will accompany the construction and sale of these homes. This,to me,along with the invaluable addition of people to the community,is well worth displacing some squirrels,crows,and woodpeckers. If the other members of the town board do not allow this development to happen they will be constricting the size of our community and setting a precedent for blocking future progress. This land will never be of value to the community in any other way. There will never be nature trails through this area. There will never be a park here unless Lucente is allowed to develop the area. The majority of the animals that live in the area are squirrels,crows,woodpeckers,and deer. None of these animals are rare or contribute to the beauty of the area. Please urge your fellow board members to allow this development to move forward. Your neighbor, Oean�M�ann 0 p TOWN OF ITHACA OCT 7 200q PUBLIC WORKS DEPARTMENT tUnncrinrscourrr� 106 SEVEN MILE DRIVE, ITHACA, N.Y. 148�5 "`""""'•v4 V r •�•CtT =�pT publicworks@town.ithaca.ny.us PHONE(607) 273-1656 Roads,Parks,Trails,Sewer,and Water FAX (607)272-6076 October 23, 2009 Regional Traffic Engineer Region No. 3 Department of Transportation 333 E. Washington Street Syracuse, NY 13202 To Whom It May Concern: The Town Board of the Town of Ithaca, by a resolution adopted Monday, October 19, 2009, and the County Superintendent of Highways of the County of Tompkins,hereby request the Department of Transportation,pursuant to Section 1622.1 of the Vehicle and Traffic Law, to establish a lower maximum speed at which vehicles may proceed on Westhaven Road a Town Road between Mecklenburg Road (Route 79) and Elm Street Ext. Upon receipt of the notice that the regulation herein requested has been established, the Town of Ithaca,will provide, install and maintain signs in accordance with the Vehicle and Traffic Law and conforming to the Manual of Uniform Traffic Control Devices of the Department of Transportation. Dated: L> ` own Clerk � -Dated: / 2/ County Superi ; nde t Comments by County Superintendent TE 9a z TOMPKINS C04JUTY-_rEt HWAY DIVISION 170 Bostwick Road,.#fiacaj NY,14850 '607-274-0300` FAX 6Q--272;8489' October 29, 2009 Dianna L. Graser,PE NYSDOT Transportation System Operations Engineer 333 East Washington Street Syracuse,NY 13202 Re: Speed Limit Request Dear Ms. Graser, Please find enclosed a request for a reduced speed limit on Westhaven Road, between Mecklenburg Road (Route 79) and Elm Street Ext., in the Town of Ithaca. The appropriate TE 9a and Resolution are submitted for your review and action. Please do not hesitate to contact me if I can assist further in your determination. Sincerely, i'k� c e y Highway a r Enclosures cc w/o enclosures: Debra DeAugistine, Ithaca Town Clerk Herb Engman, Ithaca Town Supervisor Jim Weber, Highway Superintendent, Town of Ithaca WS/gll C� Recycled paper 1448 Hanshaw Rd. Ithaca NY 14850 29 October 28, 2009 Mr. Herbert Engman Town supervisor Town of Ithaca NY. Re: Briar Wood Project Sir, As a longtime resident at 1448 Hanshaw Rd. 1 have had much interest in the proposed Briarwood project. When first proposed I was excited to think the towns tax base would be increased with forty new homes. In the years this question has been before the board that i..� number has been pared to seventeen I believe. I still am enthused with this. I understand the Cornell Ornithology Lab will receive a gift of acreage to add to the sanctuary, new property will be added to the town tax rolls, new money will come into our economy, and the area will have an increase in employment. This sounds like a four win situation for the town. We are surrounded by thousands of acres of wood land and agriculture property that brings nothing to the town or county in the form of taxes. Rezoning this area serves no good purpose that I can see. Please support this project as it stands and work for its approval by the board. Sincerely, Robert Dyer AA&II 1448 Hanshaw Rd. Ithaca NY 14850 Town cf Ithaca STATE OF NEW YORK Town Clerk DEPARTMENT OF TRANSPORTATION REGION 3 333 EAST WASHINGTON STREET SYRACUSE, NY 13202 www.nysdot.gov CARL F.FORD, P.E. STANLEY GEE REGIONAL DIRECTOR ACTING COMMISSIONER November 4, 2009 Ms. Debra DeAugistine Town Clerk, Town of Ithaca 215 N. Tioga Street Ithaca,NY 14850 Dear Ms. DeAugistine: RE, REQUEST FOR LOWER SPEED LIMIT ON WESTHAVEN ROAD Thank you for your October 29 letter requesting a lower speed limit on Westhaven Road between Route 79 and Elm Street Ext. A formal investigation will be conducted at the subject location. 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. To carry out the Department's initiative to be more responsive to our customers, we encourage you to submit any information which may be helpful in our investigation. This may include petitions, letters from the public, accident data, maps, etc. This information should be submitted to my office at the above address. Your interest in this matter is greatly appreciated. Very truly -yours, 5 DIANA L. GRASER, P.E. Regional Traffic Engineer cc: W. Sczesny, Tompkins County Highway Superintendent H.H. Engman, Town of Ithaca Super-visor W. Burbank, Tompkins County Legislator, District 12 17 Tompkins County NOV -9 2009 N DEPARTMENT OF PLANNING rawN 121 East Court Street PLANOF I i i-�klcl� Edward C. Marx,AICP Ithaca, Ne-Nv York 14850 Commissioner or Planning Telephone(607) 274-5560 and Public Works Fax(607) 274-5578 November 9, 2009 Ms. Christine Balestra,Planner Town of Ithaca 215 N. Tioga Street Ithaca, NY 14850 Re: Review Pursuant to §239-1 ,-rn and-n of the New York State General Municipal Law Action: Proposed Zoning Amendment pertaining to fences and walls,Town of Ithaca Dear Ms. Balestra: This letter acknowledges your referral of the proposal identified above for review and comment by the Tompkins County Planning Department pursuant to §239-1 and-rn of the New York State General Municipal Law. The Department has reviewed the proposal, as submitted, and has determined that it has no negative inter- community, or county-wide impacts. The Department offers the following comments regarding the proposed amendment, which are not formal recommendations under General Municipal Law §239-1 and—m: • The paragraph in Section 2A(3)(c)which discusses non-conforming fences and walls located less than 10 feet from a street right-of-way seems unnecessary and should be removed for clarity. The"above criteria" (greater than or less than 50%open)would cover all fences so there would not be a fence that did not meet one of the above criteria. Please inform us of your decision so that we can make it a part of the record. Sincerely, Edward C. Marx, AICP Commissioner of Planning and Public Works Inclusion through(Diversity I �-�o _.. . ► CITY OF ITFIACA 108 East Green Street Ithaca, New York 14850 =meq OFFICE OF TI IF MAYOR CAROLYN K. N PETI-RSOn f7 j �J Y� Telephone: 607/274-6501 Fax: 607;274-6526 November 13. 2009 NOV 18 2009 TOWN!Oi; l'fi-l�;�A Supervisor Herb Engman PLANNING/ENGINEERING Town of Ithaca 215 N. Tioga Street Ithaca,NY 14850 Dear Herb: As you know, the City of Ithaca is progressing the third phase of the Cayuga Waterfront Trail, connecting the Farmers Market to the Youth Bureau, East Shore Drive and the Chamber of CommerceNisitors' Bureau. It has come to my attention that a portion of the planned trail, a spur to the Chamber of Commerce, crosses into the Town of Ithaca(see enclosed site plan). It seems that the City will need a Town Building Permit and because the Chamber site is zoned as a Special Land Use District(#5), the spur trail will also need to go through Development Review. With this letter, I am requesting that the application and permit fees for this project be waived. This is a public works project to be owned and maintained by the City of Ithaca. With this letter, Tim. Logue will submit the Development Review Application and Owner Certification Letter to the Town Planning Department. If you have any questions, please feel free to reach me or you can reach Tim Logue at 274-6535 or timlo@cityofithaca.org. Sincerely yours, Carolyn K: eterson Mayor 'An Equal Opport uiil} Finployer with a commitment to%vorkforce diversification.' �rM -hok% - Lonov, iew all 111lacare colillillilliIV November 16, 2009 Herbert J Engman Town of Ithaca Supervisor Town of Ithaca 215 North Tioga Street Ithaca,N.Y. 14850 Re: Renewal of Longview's (temporary) Certificate of Occupancy Dear Herb:. I am pleased to report that our building expansion remains underway and we are in our second year of construction and several weeks behind our anticipated completion date. This does not represent a particularly serious problem for us, except perhaps, we need to renew certain Town of Ithaca building permits. In this regard, please recall my appeal for your assistance and the Town of Ithaca board's consideration of our request for financial relief in May of this year. The Town graciously granted Ithacare/Longview a reduction in fees (from $2,000 to $500) for a temporary certificate of occupancy. Do to the fact that we remain under construction, and we are not prepared for final occupancy inspection, we've received a request from Mr. Bates, Director of the Town of Ithaca Code Enforcement and Zoning Department for us to renew our temporary occupancy permit(#8153) for a second (6-month) period. As before, would it be possible for the Town to extend Longview similar relief by reducing the $2,000 (renewal)application fee to $500 for a second consecutive 6-month period? Please consider the fact that the conditions that applied when the Town board considered, and granted, Longview a partial waiver of the fees in May of this year still remain. Thank you for your attention and consideration of our request. S' cerely, �a�rkA. Macera Executive Director 1 Beller Iista PrAv • Ithaca,YNT 14850 111 partlwrihip with Ithaca College phom:60f.3i5.6300 ht.e:607.3 5.001 P)prnlrroto ill lrr'--olleratiolralGlialg&lerirniug ihehsite:14 it ll:ithctcrt.ed u/Ivugn ie li/ LeRoy C. Kotary Labor Relations Specialist November 17, 2009 Herbert Engman, Supervisor Town of Ithaca 215 Tioga Street Ithaca, N.Y. 14850 Dear Herb, want to thank you for your help, expertise and patience during the negotiations of the Highway Department contract. I believe that we were able to achieve a fair Agreement that retains the Towns ability to direct the operations of the department. I would also like to take this opportunity to thank Judy for all her hard work and Dedication in helping to complete this most important assignment. Thank you again and if I can ever be of service to you or the Town of Ithaca In the future do not hesitant to call. Sincerely, LeRo . Kotary cc: Judy Drake 6 Eagle Ridge Drivel New Hartford, N.Y.13413 Phone/ Fax (315) 735-9625 Cell (315) 723-2103 e-mail: leroykotary@aol.com THE PENN TRAFFIC COMPANY November 18, 2009 CERTIFIED MAIL/ RETURN RECEIPT REQUESTED Herb Engman Town supervisor 215 N. Tioga St. Ithaca, NY 14850 Dear Herb Engman: This letter is being written to inform you that in accordance with the requirements of the Worker Adjustment and Retraining Notification Act, and the New York State Workers Adjustment and Retraining Act ("WARN"), The Penn Traffic Company regretfully anticipates that it will discontinue permanently its operations at P&C 3107 315 Pine Tree Road, Ithaca, NY 14850. Over the past few weeks, Penn Traffic has experienced a combination of declining sales, loss of market share, tight credit markets, upcoming expiration of its current credit arrangements, and liquidity-restricting actions by its it lenders that make the Company's future uncertain. Penn Traffic has been and continues to be actively working with its current lenders and pursuing other potential sources of capital and/or financing, as well as sale offers, in an effort to infuse enough capital into the business and stores to avoid a closing or shutdown before at least 90 days from the date of this notice. The Company reasonably and in good faith believed that giving this notice prior to today would have precluded its efforts to obtain refinancing and/or capital investment. In the event that extended or new financing or alternative sources of capital and liquidity(in adequate amounts upon reasonable terms) are not obtained, or the Company is unable to sell stores and/or warehouses to a purchaser that acquires and maintains stores and/or warehouses as ongoing operations, the Company will be forced to close stores and/or the warehouses, as soon as on or about February 15, 2010. For those employees who are in collective bargaining units, the bumping rights, if any, of these employees, will be governed by the applicable collective bargaining agreement between The Penn Traffic Company and each respective union. An attachment has been provided listing the collective bargaining unit job titles affected by the closing and the number of employees in those job titles. Detail by location enclosed 3107 - - THE PENN TRAFFIC COMPANY In addition, the non-collective bargaining unit job titles affected by the closing and the number of employees in those job titles has been provided on the enclosed attachment. There will be no bumping rights relating to the non-union employees. • Detail by location enclosed Should you need additional information, please contact Human Resources at The Penn Traffic Company, 1200 State Fair Boulevard , Syracuse, New York 13221, telephone number (315) 461-2570. Sincerely, Christine McMahon S.V.P Human Resources 3107 - 2 - NonUnion Classifications Location Address Ci State WARN Gmuping Total 3107 315 Pine Tree Road Ithaca w Store Mana ement 2 3107 Total 2 WARN Classification by Location(Union) Location Address city State Union WARN Grouping Total 3107 315 Pine Tree Road Ithaca NY UFCW Local 1 Dept Manager 6 FIT Clerk 20 PR Clerk 49 3107 Total 75 Coc gh" RoadComumay Canter, Ing pwwr,,, CRCC is a private,not-For-profit corporation in support of community and family life. 44-. November 20,2009 Board of Directors Carol Bayles. President Herb Engman :Manager. Alicroscopy llmaging Town of Ithaca Cornell University 215 N,Tioga St. Mark Malkin,Vice-President Ithaca,NY 14850 Ficevnrrrl("'manuncalions Engineer, Comell Lniversily Dear Mr. Engman, Cheryl Welsh.Treasurer The board of directors at the Coddington Road Community Center has been concerned for some Accounis:Manager time about the inadequate lighting in our parking lot,especially at the far end. This is a concern Lakeside;Nursing Hoine for parents picking up their children, for staff leaving,and also affects the sports teams who often Christine"Crumble,Secretary practice until dark. Physical fherapisr AlcCrrne:linslie Assoc. We recently submitted a grant to the Tompkins Charitable Gift Fund to cover the cost($4000) of improving the li4ghting, but were turned down. Our best option at this point is to have NYSEG Johanna husband install another lig'ht and replace the existingp light. This would entail no u front costs but add Children's Illustrator about$50 to our monthly bill essentially forever. The existing light was installed in the early Diahann Hessler. 1960s and we are still paying for it. Assisionr Principal GST-BOCFS-Bush Campus NYSEG lighting would consist of another tall pole with a Metal Halide light and a similar "mm" I sons replacement fixture on the existing pole. While the lights would be dark sky compliant,they 'c. nirecior, CareerSenyices.. remain on all night,coming on at dusk and going off at dawn. ILR.Cornell Universi4, If«e had a private contractor install lights, we cannot use NYSEG's pole,so we would have to Dana Ayers install 3 poles,but they could be shorter and more attractive. In addition, we would have to Director usof Aes,Ai Trio connect to our electric box on the building, which would involve trenching the wire under the .t-ledical Business:llanagemenr.Inc. �'+ � drrveti�ay. The benefit is that we could have the li-lits on a timer and turn them off at a Executive Director reasonable hour, like 10 pm. A copy of the quote is attached. Maria Lallier The board of directors would prefer to install our own lights, but feels it is not a wise decision financially. They would take 6.5 years to pay off. Before we commit to NYSEG, I thought I would ask if the Town of Ithaca Board had an opinion in the matter and if they would back up their opinion with financial assistance, if appropriate. The Center has had a long and beneficial relationship with the Town and we are most appreciative of everything the town has done for us. We hope to maintain this relationship for many years to come. Sincerely, 1 Carol Bayles, President CRCC Board of Directors Coddinaton Summer Camp Program Coddin-ton Chilli Care Program Conimtmitp Outreach Program, 920 Coddington Rd. Phone(607)277-1434 E-mail: crcc@coddingtonroad.com Ithaca, NY 14850 Fax(607)277-8873 Web: www.coddingtonroad.org PROPOSAL 2442 PLEASANT VALLEY ELECTRIC, INC. 405 Third Street ITHACA, NEW YORK 14850 (607) 272-6922 FAX (607) 272.0486 PHONE DATE TO: Coddington Community Center 277-1434 8/26/2009 920 Coddington Rd. JOB NAME lLOCATION Ithaca NY 14850 920 Coddington Rd ATTN:Carol Bayles JOB NUMBER ,JOB PHONE We hereby submit specifications and estimates for: Install a photo cell to allow building lights and pole light to come on at dusk. Set existing timer to turn lights off. Install two 12' poles and 100 watt metal halide fixtures (dark sky compliant) . The first pole would be near the existing utility pole. The second pole would be 3/4 of the way down the parking lot. $3200.00 Backhoe charges not included. Estimate $8 00.00 +- Sales tax excluded. I i I i t We Pro OSe hereb to furnish material and labor—complete to accordance with the above specifications,for the sum of: Three 'Thousand �wo Hundred and 00/100 Dollars 200 , . 300 dollars(S ►. Payment to be made as follows. 50�. Deposit., P.alance At Completion. All material is guaranteed to be as specified.All work to be completed in a professional manner according to standard practices.Any alteration or deviation from above specifications Authorized involving extra costs will be executed only upon written orders.and will become an extra Signature charge over and above the estimate.All agreements contingent upon strikes,accidents of delays beyond our control.Owner to carry tire,tornado.and other necessary irsurance.Our Note: roposal may be workers are fully covered by Workers Compensation insurance withdrawn by us it not accepted within 30 days. /dIoN ceptanee of Proposal — The above prices.specifications and diUons are satisfactory ana are hereby accepted You are authorizer)to do the work Signature as specified.Payment will be made as mil4rierJ above. Signature Date of Acceptance Puto.ur,rle 10,oa: .1:0':tcxa>cnGs. : m.v.ciovt ru:.v[:ne ;a F 103 Whitetail Drive Ithaca, NY 14850 November 22, 2009 Rebecca Sparrow President, Deer Run Homeowners Association 332 Saranac Way Ithaca,NY 14850 RE: "No Parking" Signs on Whitetail Drive Dear Rebecca, Recently, two "No Parking" signs were erected along the shoulder of the road between 87 and 101 Whitetail Drive. I suspect the appearance of these signs has something to do with an unfortunate situation that occurred earlier this year. I know these signs are a safety hazard and need to be removed immediately. Enclosed is a copy of a hand written message that was placed on my vehicle in August as it was parked along the shoulder of Whitetail Drive. As you can read, I was asked to remove my car because it was not owned by a Deer Run resident! Later that same day, a Tompkins County Sheriffs Deputy was summoned to the"scene"of my parked car. While I don't know the r� reasons for this subsequent action, I can only surmise that the intent was to have my vehicle ticketed and/or towed away—neither of which occurred. Since I knew my car was parked legally, I decided not to pursue the matter. (Frankly, the whole episode struck me as being quite silly.) I continued to park one of my vehicles in the same location when convenient or necessary. Having received no further notes from the property manager or visits from a Sheriffs Deputy, it seemed that the passage of time had resolved the issue—as I hoped it would. Well, that was until this past weekend when I noticed the"No Parking" signs. Let me begin by mentioning that the two signs are located on Town of Ithaca property. Although I am not a surveyor, it seems clear that the signs have been erected within the sixty(60) foot right of way owned by the Town. Since parking is permitted on Whitetail Drive by the Town of Ithaca, the signage is certainly inappropriate and possibly in violation of Town law given its location and message. But these issues are dwarfed by the potential hazard these signs have created. The"No Parking"signs are affixed to wooden stakes that protrude about twelve(12)inches above ground. What could happen if we experienced a winter storm with sufficient snowfall to cover the signs? Imagine a young child playing in the snow not knowing that two wooden posts are hidden beneath. Do you get the picture? In the interests of public safety, the two signs should be removed immediately. ,meq Finally, I believe it is in the best interests of all Deer Run Homeowners Association members that the appropriate steps be taken to prevent a similar situation from happening in the future. If you have any questions, I can always be reached at 607-351-2352. Sincerely, Fred T. Wilcox III Enclosure cc: Dirk Galbraith—Attorney for the Deer Run Homeowners Association Stan Burun, Association Manager(Jenscott Properties) Peter Meskill, Tompkins County Sheriff Herb Engman,Town of Ithaca Supervisor Susan Brock, Attorney for the Town of Ithaca Jim Weber, Town of Ithaca Highway Superintendent Message our MAINTENAN PERSONNEL WORKING INSIDE F x421 PHACHT88® I.MZ41-4= P'BPLcun IMPORTANT MESSAGE �d To Address We Came By For The Following: ❑ To change AIC filter ❑ To exterminate f J To repair plumbing For preventative maintenance ❑ For requested maintenance ❑ Other We Could Not Complete Work Because: ❑ No one home Contractor called ❑ Parts on order ❑Will return Contact The Office Below - See Message On The Back Of This Tag !f You Have Any Questions Calf The Number Below Thank Your Name Date Time. TenscoU Propenies 119 West Green Street Ithaca, New York 14850 (607)272-1816 i :f Frn.Assuciation of Towns To:Herbert_J_Engman (16072735854) 10:56 12104/09GMT-05 Pg 02-01 �y Deficit Reduction Plan (DRP) and Pension Reform (New Tier V) Legislation Deficit Reduction Plan (DRP) y� / On December 2, 2009, the State Legislature agreed to a 2.7 Billion dollar reduction in the 2009-2010 State Budget. Towns should 4wee a reduction in AIM funding or CHIPS funding as a result of this planned reduction. Towns that have received funding via other state programs such as SMSI grants or ORPS revaluation grants might see a reduction in those grants. If you have any questions about reductions in any individual state grant or funding programs you should contact the state agency that oversees the grant or program to inquire about possible reductions in funding due to the recent changes in the 2009-2010 State budget. For more information on the Deficit Reduction Plan you can check out these websites. • Fact Sheet on DRP: http://www.budget.state.ny.us!pubs/press/2009/press release09 DRP120209.htm1 • Only some cities were impacted by ATN1 reductions: http://www.budp,et.state.n`,.us pubs 1)zess,2009 AIM Rwil final DRP. 3df • Detail on other local aid reductions: http:i/www.hudb�t st itz ny,ps/pubs press"2009 I-TNAL_DRP LOCALASSISTANCE_REDUCTIONS.pdf. You may read the full text of the DRP at the Assembly website www.assembly.state.ny.us A40021 (Same as Uni. 556021) " A40022 (Same as Uni. S66022) Pension Reform (Tier V) In addition to the DRP,the State Legislature also passed a new Tier V to the State Pension System. New York State Police and Fire Retirement System ("PFRS") Tier V highlights: • Tier V applies to all new hires after January 1, 2010 • Require that members have a minimum of 10 years of creditable service in order to qualify for the service retirement benefit • Limits the amount of overtime that can be used in the calculation for final average salary to 15 percent of regular annual wages • Members who are subject to the provisions of RSSL Article 22 must contribute 3% of annual «!ages to the retirement system in which they have membership. A member who is enrolled in a retirement plan that limits the amount of creditable service he or she can accrue would not be required to make the 3 % contribution after he or she has accrued the maximum amount of service credit allowed by his or her retirement plan. • Binding Arbitration is extended for 4 years. Section 9 of Part A of the bill would amend Civil Service Law �.. 209(4)(d) to extend for 4 years the authorization of the public employment relations board to refer certain disputes, in the event an impasse exists in collective negotiations, to a public arbitration panel. R-rAssociation of Towns To:Herbert_J_Engman (16072735884) 10:56 12104109GMT-05 Pg 03-01 New York State and Local Retirement System/Employees Retirement System Tier V highlights: • Tier V applies to all new employees whose start date is on or after January 1, 2010. • Limit the amount of overtime that can be used in the calculation for final average salary. ;ercent The overtime ceiling would be $15,000 annually starting January 1, 2010, and would increase by three annually • Require ten years of creditable service in order to vest with the retirement system; • Increase the penalty for retirement before age 62 to a maximum of 38 percent; and • Raise the minimum retirement age to 62. You may read the full text of the Pension Reform legislation at the Assembly website www.assembly.state.ny.us A40026 (Same as Uni. S66026) €icy l•r�, Real Estate Department �, I+ r15 Thornwood Drive d , Cornell Universit Ithaca,NY 14850 607.266.7866 04 ?i)�� 1 f.607.266.7876 ��; www.re.comell.edu LOOLIO jTMla,:�A December 4, 2009 Hon. Herbert Engman, Town Supervisor Town of Ithaca Town Hall 215 North Tioga Street Ithaca, New York, 14850 Re: Proposal to rezone portion of Tax Parcel # 73 - 1 - 2.2. Dear Supervisor Engman, A portion of Cornell's tax parcel 73 - 1 - 2.2 has been included h% the Town of Ithaca in a proposal for rezoning seg cral parcels from Medium Density Residential (MDR) to Conservation Zone. Cornell has lone identified this parcel for residential purposes, most likely median income-rands workforce housing, and believes strongly that it is in the best interests of the Town of Ithaca to have the entire parcel continue to be zoned MDR. The overarching purpose of this letter is to propose an alternative that would assure you that the goal (which we share) of a conserved area of reasonable size closest to Sapsucker Woods will be realized, and that the zoning is compatible with Cornell's goal of median income workforce housing. We believe that the parcel, without being divided into two different zoning districts, is capable and well suited to meet both goals. You will see that this letter is divided into four sections. The first.. by way of background, %�ill dcscribe the Cornell concept for development of the parcel as housing. In the second section we will summarize the reasons Cornell identified parcel 73 — I - 2.2 for eventual residential development. Third, we will describe the undesirable consequences of rezoning a portion of the Cornell parcel. The fourth section will describe the alternative we are proposin, to you and the Town Board. I. The existing Cornell concept for de\'clopment critci-ia of the Cornell parcel: o Compact residential development that meets a largely unmet demand in Ithaca for more diverse housing types, with maximization of open space, .pw%' and avoidance of sensitive areas and particularly the easternmost 00' of the parcel where it adjoins Sapsucker Woods. For instance. a planned unit development at the density that. MDR allows (one unit per 15,000 SP or approximately 3 conventional lots per acre) would permit clustering development in the least sensitive areas. o Residential development that is sensitive to the scale and massing of housing in the surrounding neighborhood. A detailed site analysis would help ensure that open space and buffers with neighboring parcels are optimized. o Rustic, naturalistic landscape that works with the existing setting and is sensitive to site features such as the small wetland area north of the present location of the park area. o A set-aside 200' in depth along the easternmost edge of the parcel/westernmost edge of Sapsucker Woods to be reserved for little or no development. Walking trails similar to what exist there now are envisioned. The Director of the Cornell Laboratory of Ornithology has walked the 200-foot-wide area with me and we are in agreement that this, coupled with the other development criteria we will follow, is a sufficient buffer for Sapsucker Woods in this location. o Open spaces and landscaping that maximize the use of naturalistic plantings by planting native and non-invasive species to be consistent in character with the Sapsucker Woods. Any maintained lawns and hardscape would be minimized or work in concert with the overall site landscape. o Access and egress from an extension of Arrowwood Drive, off Warren Road. A road through the site could provide a northerly outlet for the neighborhood located to the south, through a connection with Tarrytown Drive. o Relocating the existing park area within the site with access to the park maintained for the benefit of the surrounding neighborhood. o Walking and bicycling facilities as well as a bus stop included as part of the development to facilitate connections with existing walking, biking, and transit networks located in close proximity to the parcel. o Energy-efficient, green building and landscaping practices. o Imposing the requirement on residents of the housing development that dogs must be on leashes and cats must be indoor cats, because of the adjacent Sapsucker Woods bird sanctuary. 2 2. Why the parcel was identified for median income workforce housing: o The Town of Ithaca's Zoning Ordinance identifies this area for medium density residential development, which is a density well-suited to housing for wage-earners in the median income range. o The County Planning Office in its Affordable Housing Needs Assessment for Tompkins County, completed in August 2006, identified a housing shortage of some 4,000 units in the coming decade, half of them for below median to median income residents. The subsequent Housing Strategy for Tompkins County was based on the findings of the Affordable Housing Needs Assessment and recommends strategies to locate and promote affordable housing. We understand that the Housing Strategy was endorsed and supported by the Town Board by a resolution dated July 9,2007. o The 2006 Tompkins County Economic Development Strategy, adopted by the Tompkins County Legislature in October 2006, further identifies the need to "increase and diversify housing supply" as one of three top economic development goals. o The parcel is in close proximity to existing and future employment centers, as well as to community services and amenities such as schools, childcare, medical offices, recreation, shopping, transit, pedestrian trails, and the airport. o The parcel is in an area that has been identified by the County Planning Department as a `development focus area' where there is potential for infill development in close proximity to all the above-mentioned community services and amenities. Cornell's development concept for the parcel is consistent with the principles of the County's Comprehensive Plan and emerging national and international trends for sustainable, smart growth and mixed-use communities that are well connected to transit and employment. o Infill development within this area would enable transit connections to be strengthened, including those to the Cornell campus, thereby reducing sprawl, the loss of habitat in other areas that comes with sprawl, future traffic congestion, and dependence on single occupancy vehicles, to name a few of the benefits. 3. Undesirable consequences of rezoning a portion of the Cornell parcel to Conservation Zone: o Rezoning 6.9 acres (out of the 30-acre parcel) to a Conservation Zone does not permit the entire area of the parcel to be counted toward the overall permitted density of a cluster-style development, thereby reducing the 3 number of units that can be constructed and the incentive for doing a planned unit development. o A reduction in the acreage that is designated MDR would reduce the number of units over which the cost of site amenities, infrastructure, and green landscaping practices could be spread. The result would be increasing the cost of the units, possibly out of the range of the median income workforce for whom they are intended. o At 30 acres, the concept for this housing is already on the small side for developments of this type. A further reduction would make it more difficult to attract quality developers who are willing to invest in the fixed-cost infrastructure and amenities we will require and that a larger number of units would support. o Some Cornell land, such as this parcel, has been owned for a long time, "land banked" for future use. Cornell has been paying real property taxes on this parcel while holding it for responsible development that will benefit the community at large, as well as Cornell's interest in attracting and retaining employees in staff and faculty positions. It has been zoned for residential use for decades. Its ecological value is rated "low" (23 acres) or "low to moderate" (5.1 acres), with the balance not rated. Its ecological eo4v value seems to be the only value that was investigated prior to proposing it for rezoning. Wholly absent is any other planning analysis showing why its residential value - the use for which it has been earmarked for decades - should suddenly have become any less of a priority than its ecological value. This is not comprehensive planning. And it is a real deterrent to an owner's long range plan for responsible future use if a lack of development makes it a target willy-nilly for placing it in a conservation zone. o The Town-commissioned studies make it clear that by itself, the land would not warrant a change to Conservation zoning. It does not drain into the neighborhood to the south and its ecological value is not high. Its sole reason for inclusion is its value for buffering the adjacent parcel that is part of Sapsucker Woods. Yet Cornell owns both parcels, removing the argument that a buffer is needed, especially when Cornell has had a long- standing internal policy in place that the easternmost 200' of this parcel (and of those parcels to the north, to NYS Route 13) closest to Sapsucker Woods's western edge would not be developed. o Cornell also has concerns about the changes in regulations for Conservation zones that are now being studied in committee, but we reserve comment until the appropriate hearing. 4 4. Alternative to rezoning Cornell's land: Cornell is willing to sign a Memorandum of Understanding with the Town of Ithaca to confirm a permanent set-aside to preserve an area 200 feet in width along the eastern-most edge of tax parcel # 73 - 1 - 2.2 where it adjoins the Laboratory of Ornithology. Some time ago Cornell's concept plan for eventual development of the entire parcel identified this 200' depth for a permanent undeveloped area to provide protection to the adjacent Sapsucker Woods. As mentioned above, walking paths similar to what exist now and perhaps other naturalistic features that are compatible with and similar to the features currently found along Sapsucker Woods trails (benches, etc.), would be the extent of any additions to the set-aside area. We understand that as part of the eventual plan for development of the balance of the parcel, some legal mechanism such as a deed restriction on this 200-foot width would be required. Ultimately it would be internally assigned to the Laboratory of Ornithology (as would the buffer extending northward, to NYS Route 13). I recently met with the Director of the Laboratory of Ornithology, John W. Fitzpatrick, to walk this area and discuss the ecological versus housing values of this particular parcel, which he said lies peripheral to the more ecologically important portions of Sapsucker Woods. He agrees that the MOU we propose is a sensible compromise between two important priorities of Cornell and the Town of Ithaca, and would not jeopardize any of the ecological values of Sapsucker Woods. Dr. Fitzpatrick has seen and approved this letter. Thus, the permanent set-aside described in the MOU would be part of the site plan for tax parcel # 73 - 1 -2.2. Under such a proposal, the entire acreage in tax parcel# 73 - 1 - 2.2 would remain zoned MDR and remain available to calculate the maximum allowable density of the parcel. Recognizing that an actual plan is sometime off in our future, I am not suggesting the MOU would bind the Town Board or the Planning Board to the future approval of a plan. The only subject of the MOU would be the permanent 200-foot set-aside. It is our hope that a planned unit development (with this permanent 200-foot set-aside), featuring a clustered configuration and meeting our other criteria described above would be the sort of plan that we would present for that future consideration. When the Final Report of an Ecological Communities Survey and Assessment of Lands Adjacent to Sapsucker Woods dated September 30, 2008, was published we noted in the Recommendations section that Option 2 calls for 300' and Option 3 for 100' in this location. The distance of 200' we have long been assuming for our planning purposes is halfway between these two recommendations. As that Final Report pointed out in making its recommendations, there are many planning priorities and needs besides a conservation priority. Cornell believes the planning priorities and needs for housing and responsible infill development are vitally important to the Town, to Cornell University, and to the region. Luckily, this is also a case in which such planning priorities and needs can be accommodated on this site in a eooll) reasonable balance with an ecological priority -- without compromising the accommodation of either, and without dividing the parcel into two zones. 5 We welcome and look forward to the opportunity to discuss this matter further with you. Sincerely, Thomas P. LiVigne cc.. Jonathan Kanter Sue Ritter Susan Brock At Comell: Mina Amundsen, University Planner Shirley E-aii, Associate Counsel John Fitzpatrick, Professor& Director Laboratory of Ornithology John Gutenberger, Director Community Relations Stephen P. Johnson, Vice President Government/Community Relations Kyu Whang, Vice President Facilities Services 6 .Y } f' y Y rk7 t '�Rk Yw00Ashr•• Y - I t ; '�, rtf�• ,r .[S CL J . rIR I F-4 ' a I MIA, ;� ww TAS 04 IkA i ids .y y pp } 5 7777 XL i L — - I� Town of Ithaca, Village of Lansing & Village of Cayuga Heights Date: December 8, 2009 To: Student Work Initiative r. 0 From: Lorraine Moran i RE: 2010 Funding f ' We are pleased to announce that the JYC funding recommendations to the Town of Ithaca were endorsed. A total of $ 22,462 has been allocated to the Student Work Initiative You will be expected to submit a 2010 proposal which outlines any program changes, as previously discussed with the JYC This can be a simple addendum to your 2009 proposal. The JYC want to acknowledge the growing success of the Student Work Initiative under your guidance. You have continued to offer quality service, interagency collaboration and certainly creative and appropriate placements for our youth. We anticipate an even busier year in 2010 due to the economic demands on youth and families and businesses. r: Your November 2009 report to the Commission will be accepted as your 2009 annual report if there are changes in the number of youth served please pass this information to Karen Coleman The JYC looks forward to hearing from you in early 2010 as you prepare for the 2010 youth employment season. 1 December 14, 2009 To: Town Board Members From:. Peter Stein As you all know, on January 12010, my term on the County Board will begin. As a result, I am hereby submitting my resignation from the Town Board as of 11:59 PM December 31, 2009. In my campaign for County Legislature, 1 stressed my belief in the duty of county legislators to be advocates for the neighborhoods they represent (in my case, the Northeast, Forest Home, Eastern Heights, South Hill and Slaterville and Coddington Roads) and Town and County residents in general. It's hard to do that without knowing what's going on in the Town, and in particular, in District 11. For this reason, and in the broader interests of more cooperative and efficient local government, I'd like to be up-to-date and aware of what is going on in the Town and in Town government. You all know my penchant for working-talking lunches. I'd welcome opportunities to meet and talk with you about local issues that affect those whose welfare we both represent. Please keep me in mind whenever future issues arise. For my part I'll try to do the same whenever I see the opportunity. PSsa��AT�aho�C*l Harlin R. McEwen Chairman, IACP Communications and Technology Committee - /1 a Chief of Police (Ret) - City of Ithaca, NY S■ FBI Deputy Assistant Director (Ret) - Washington, DC 422 Winthrop Drive, Ithaca, NY 14850-1739 51!�C.=E893 Mobile 607-227-1664 • E-Mail chiefhrm@pubsaf.com • Phone 607-257-1522 December 17, 2009 Mr. Herb Engman Supervisor, Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 RE: Dangerous Traffic Conditions near Northeast Elementary School Dear Herb: I want to call your attention to an ongoing and increasing dangerous traffic condition on Winthrop Drive near the Northeast Elementary School. Enclosed are photos taken over the past year that will give you an understanding of the hazard that I am referring to. would appreciate your assistance in bringing this to the attention of the Town Board with a request for action to minimize this problem. am recommending that the Town enact legislation that would create a NO STANDING AT ANYTIME zone on both sides of Winthrop Drive near the crosswalk as I have described in my attached diagram. Thank you for your attention to this matter. Sinc rely, 40a �?A� Harlin R. McEwen tw 7IM 'p 5.� •e. _ , t i .. Of T Ar Y to+,,,..,.,,ar �•' � b�, gym,-+.P .. � ... m ,�'"' N ..��"' ''k4 � ��.� h���biwR� �I y 7 11`a o �r� � V 1� ] c. r1 �yy yy —..mss.'.;-.� � r. .�•,.._,,� .,�. n w � `� °}. ,� �,, �`�• �Hyl k�- i� �rjl F I � - 1, Pj �„Jm +ti �f t �ro y W ux s . Y r �J t ii Ar It, ww ; �d Aw V. �• r� ' �• j �{,- .+yw.,1 S S;% MIF � � -F n ,, •1- rs r �n yY �e Winthrop Drive / Northeast School - Parking Hazard - April 28, 2009 E iv. r 5 r q r w 1 A , i Winthrop Drive Northeast • • • —Sept. 28, .v 4_ 1 M Winthrop Drive / Northeast Crosswalk—April 29, 2009 4'' r 1. .3 ti m r , 6Z - w ti. 3 -nam 1 l 0 0 AO 00010, NO 1kN600 Wo4upoNzip �u 1 ScFeotwo °Il, ilil OF .r?, a r; �► TOWN OF ITHACA '1$ 2_ 215 N. Tioga Street, Ithaca, N.Y. 14850 qtr• YOB www.town.ithaca.ny.us Town Supervisor(607)273-1721, Ext 125; HEngman@town.ithaca.ny.us TOWN CLERK(607)273-1721 PUBLIC WORKS(607)273.1656 ENGINEERING(607)273-1747 PLANNING(607)273-1747 ZONING(607)273-1783 FAX(607)273-1704 December 22, 2009 Mayor Carolyn Peterson City of Ithaca 108 East Green Street Ithaca, NY 14850 Dear Carolyn: I am pleased to transmit to you the five-year Fire Contract beginning January 1 , 2010 between the City of Ithaca and the Town of Ithaca. The contract has been signed by the Town Board members of the Town of Ithaca. I am excited - and relieved - that after a very long negotiation we now have a final product. If you would please affix your signature to both copies and return one to me the process will be complete. I look forward to continuing our highly productive intermunicipal cooperation in the coming year. Sincer ly, H17beJ. Erd an Town Sup IsOr A fly OF 17, TOWN OF ITHACA 1821 Yo4� 215 N. Tioga Street, Ithaca, N.Y. 14850 www.town.ithaca.ny.us TOWN CLERK 273-1721 PLANNING 273-1747 CODE ENFORCEMENT 273-1783 PUBLIC WORKS FACILITY(Roads,Parks,Trails,Water,Sewer&Engineering)273-1656 FAX(607)273-1704 or(607)273-5854 December 23, 2009 Mr. Jack Dahl,Director Bureau of Oil and Gas Regulation NYSDEC Division of Mineral Resources 625 Broadway,Third Floor Albany,NY 12233-6500 Subject: COMMENTS ON THE DRAFT dSGEIS FOR GAS DRILLING Dear Mr. Dahl: �q Thank you for the opportunity to provide comments on the Draft Supplemental Generic Environmental Impact Statement(dSGEIS)on the Oil, Gas, and Solution Mining Regulatory Program. The Town of Ithaca in the heart of the Finger Lakes is a tourist destination,home of Cornell University and Ithaca College, and our economy and quality of life are inextricably linked to the scenic beauty of the area,the availability of clean water, and a rural character that predominates much of the town. The Town of Ithaca supports the intention of the dSGEIS to limit the environmental impact of shale gas development,but believes that it does not by any measure accomplish the goal. In fact,we believe the best course of action would be to withdraw the current dSGEIS and take the time to create a document worthy of the great State of New York,home to the Adirondacks, Catskills,Finger Lakes and so many other natural resources protected by our wise predecessors. Please reference the attached resolution adopted by the Town Board on December 7, 2009 requesting that Governor Paterson withdraw the dSGEIS. The Town of Ithaca has invested many millions of dollars and untold time and energy to develop and protect the environment that has become so acclaimed throughout not just New York State but the nation. Our area has made countless lists of"best places'to visit,live and work. Our investment, quality of life and bright future are threatened by inadequately-regulated industrial development represented by shale gas development. The following comments are divided into three main sections: (1)SEQR Process and Local Municipal Involvement; (2)Natural Resources in the Town of Ithaca- including Regulations& Policies; and(3)Additional Comments Pertinent to Siting and Resource Protection. 1.SEOR Process and Local Municipal Involvement Involved Agencies Section 3.2.1.4 of the dSGEIS explains the Department's justification for declaring itself the lead agency and states that"if the proposed action falls under the jurisdiction of more than one agency,based, for example, on the need for a local floodplain development permit, the lead agency must be determined by agreement among the involved agencies. An involved agency has the obligation to ensure that the lead agency is aware of all issues of concern to the involved agency." • Local governments must be included as involved agencies in the permitting process. Only by including local governments in the process will the lead agency be certain that gas drilling will be conducted in a way that does not conflict with local plans and programs to protect environmental,historical, cultural, and economic resources. Local zoning ordinances must be followed in order to ensure that the intensive activities posed by gas drilling are appropriately sited, and for example, are not approved for location in the Town's residential or conservation zones. Furthermore, Section 6.13.2.1 of the dSGEIS states in that: "It is certain that widespread development of the Marcellus shale as described in this document will have community impacts that will change the quality of life in the affected areas in the short term. For purposes of this review,however,there is no sound basis for an administrative determination limiting the shale development on the basis of those changes at this time. Accordingly, any limitation on development, aside from the mitigation measures discussed in the next chapter, is more appropriately considered in the context of policy making, primarily at the local level,outside of the SGEIS. [emphasis added]" • Local policy makers are regularly reminded throughout the dSGEIS that they have limited to no role in addressing issues raised by"shale gas development,and that the Department has exclusive authority. This contrasts greatly to local government authority in relation to other types of industrial development. This needs to be corrected. Local governments at a minimum must be included as involved agencies in the permitting process if they are to effectively integrate shale gas development with local plans. Site Specific Environmental Assessments According to Section 3.2.3 of the dSGEIS,the Department proposes that site-specific environmental assessments and SEQRA determinations will be required only in limited circumstances. • NYSDEC should perform site-specific analysis on all applications to ensure individual site constraints are adequately addressed. Topography, site access,nearby public and private water supply locations, surface water, wetland, visual and historic resources, and environmentally sensitive areas must be addressed through individual site-specific environmental assessments. Because of the variability of these resources and their sensitivity to the impacts of gas drilling activities, a Generic Environmental Impact Statement will not provide adequate protection. 2 Incorporating Local Planning Documents According to Section 8.1.1.6 of the dSGEIS, "...the EAF Addendum will require the applicant's affirmation of having reviewed local planning documents such as comprehensive, open space or agricultural plans. The Department strongly encourages operators to consult with local governments regarding any existing local plans, and—to the maximum extent practicable—site operations accordingly." • There is no actual requirement for documentation from the local municipality that these communications have taken place or that the interactions with the permit seeker have addressed local concerns and priorities.There is no mechanism to ensure that local priorities and understanding of local conditions are reflected in the well siting or gas development plans proposed by permittees. The dSGEIS needs to require documentation from local officials regarding interactions with the permit seeker and require the permit seeker to document which local planning materials were reviewed and in what way these planning materials influenced the proposed location of the well pad, spacing unit, access roads, etc. Notification of Municipalities According to Section 8.1.1.3 of the dSGEIS, "Because of the high level of interest and community character concerns discussed in Chapter 6, particularly road use,the Department will provide initial Town government notification upon receipt of the first application for high- volume hydraulic fracturing in any town.The letter will be addressed to the town supervisor..." Included in the letter will be instructions for using the Departments website to track well status �q and future applications. • This mechanism for informing local municipalities proposes to only notify the town supervisor upon the receipt of the first application for a Marcellus shale gas development permit is not acceptable. Local governments need to be alerted of all potential activities within their jurisdiction so they can begin to address to the extent they deem necessary any matters related to local authority, such as local road use or input to wastewater treatment plants. The NYSDEC should notify applicable local authorities whenever a request for well permit has been received. Section 8.1.1.3 of the dSGEIS further states that"Division staff welcomes input from surface owner and neighbors during the application review, and may impose specific permit conditions to address environmental concerns if appropriate." • Insuring direct notification of town supervisors regarding each permit application within their jurisdiction will be the most effective way of insuring that DEC staff have access to up-to- date and comprehensive information regarding local environmental concerns. Road Use A eements Section 8.1.1.5 of the dSGEIS states: "The Department strongly encourages operators to attain road use agreements with governing local authorities.The issuance of a permit to drill does not relieve the operator from responsibility to comply with any local requirements authorized by or enacted pursuant to the New York State Vehicle and Traffic Law. Though the Department does not have the authority to require,review or approve road use agreements or trucking plans, the ,..� proposed Supplementary Permit Conditions for High-Volume Hydraulic Fracturing require a road use agreement or trucking plan to be filed with the Department for informational purposes prior to site disturbance." 3 /~1 • The dSGEIS must require operators to contact those municipalities whose roads they intend to utilize to determine if the municipality requires a road use agreement. Documentation that the municipality has been contacted and the status of a road use agreement should be filed with the Department with each permit application,prior to issuance of the permit. • Municipalities need adequate advance notice in order to prepare the road use agreements. The Department needs to require that the road use agreement is in place prior to the permit application approval. An advance notice of 60 days is suggested. Segmentation of the SEOR Process The dSGEIS refers to Chapter 3 of the GEIS (1992) for why gathering lines, compressor stations and pipelines are not within the scope of the project review. Reasons given for not considering this infrastructure include uncertainties of needing pipelines because of possible dry wells, market uncertainties,or gas production delays. Yet Section 5.16.8.1 of the dSGEIS states that "along with anticipated success rates, it has been suggested that wells targeting the Marcellus shale...may deserve consideration of pipeline certification by the PSC in advance of drilling to allow pipelines to be in place and operational at the time of the completion of the well." It is further explained that due to the nature of the Marcellus Shale formation"The horizontal drilling and hydraulic fracturing technique used to tap in to the Marcellus requires that the well be flowed back and gas produced immediately after the well has been fractured and completed, otherwise the formation may be damaged . . .." This section also describes the anticipated high success rate for gas production for the formation in New York based on reports from Pennsylvania and West Virginia. • Failure to consider compression stations and pipelines involved in gas production, especially given that any approved well permit is likely to result in an immediate request for a pipeline transmission line might constitute segmentation under the State Environmental Quality Review. This further provides justification for site specific SEQR reviews for all gas well applications. During a site specific SEQR review, the routes for pipelines can be identified and evaluated as to whether they will impact sensitive resources. It is possible that a particular well location may not pose impacts,but that the necessary route of the pipeline could pose significant resource impacts, especially if existing transmission lines or hubs dictate a particular pipeline route. Pipelines that would have to cross wetlands, steep slopes, gorges, expansive unfragmented forests, or scenic viewsheds to reach main transmission lines could be avoided if the SEQR process for siting of wells did not segment consideration of the pipelines and compression stations. It does little good to responsibly site drilling operations, if the ensuing pipelines and compressor stations ultimately zigzag across the open spaces that were intended to be protected by sensitive siting of the well pad. Review Permit in Three Years The NYSDEC should revise the permit conditions in three years to reflect technological advances that may be available in order to limit the environmental impacts of natural gas drilling rather than relying on the technology proposed at this time. Data are not currently available in many areas that the dSGEIS addresses (e.g. flowback composition, flowback changes over time /000 and from well to well, source water withdrawals,naturally occurring radioactive materials (NORM), and treatment/disposal options and impact). A three-year review also allows new 4 information to be reviewed and permit conditions to be changed as needed to address new technologies and mitigate the cumulative effect of horizontally drilled gas wells on the environmental health, public health, and community quality of life in Tompkins County and New York State. Public input should be part of the permit revision process. 2. Natural Resources in the Town of Ithaca -including Regulations and Policies The Town of Ithaca has developed a summary resource inventory in order to identify assets that the DEC should consider under its policy "to conserve, improve and protect its natural resources and environment" (ECL§1-0101(1)). Included are maps and information concerning Ecological Resources, Water Resources, Soils and Topographic Resources, and Cultural and Aesthetic Resources. This information is provided to illustrate the extent to which sensitive and significant resources exist in the Town of Ithaca and to highlight the tremendous efforts that have been taken by this municipality and its residents to implement policies and programs to protect these resources. (1) Ecological Resources—Map 1 shows the locations of LJNAs, CEA, Conservation Zoning,Finger Lakes Land Trust Easements,Nature Conservancy property,and Town Preserves The Town of Ithaca includes approximately 9,557 acres of undeveloped forest,brush,and ,+q meadow areas, which accounts for approximately 50% of the land area in the Town. While much of this area is important to the ecological diversity within the town, there is currently only one designated Critical Environmental Area(CEA) in all of Tompkins County. In 1979 Coy Glen was designated as a CEA to protect the fragile geologic features and ecologic communities from detrimental impacts of gravel mining in the glen. Unique Natural Areas (UNA)of Tompkins County are similar in type to the State's designation of CEAs and identify lands with outstanding environmental quality that are considered deserving of special attention for preservation in their natural state. The Town of Ithaca has twenty seven Unique Natural Areas comprising a total of 4,295 acres(see Map 1). UNAs are recognized in the Town's 1993 Comprehensive Plan as areas needing special consideration and protection. Many of the UNAs in the Town have been established as Conservation Zones, and all of the UNAs are given special attention whenever nearby land use decisions are made. The Town has also actively pursued the donation or purchase of land in order to preserve UNAs from development. Included in Map 1 are the locations of four town preserves: Glenside,Dress Woods, Westhaven, and East Ithaca Nature Preserve. The Finger Lakes Land Trust owns several easements totaling 338 acres, and the Nature Conservancy manages the 87-acre Eldridge Preserve. The Town of Ithaca has instituted the following policies and local laws to protect our ecological resources: Tompkins County Environmental Management Council—Unique Natural Areas(UNA) designations are based on work conducted by local ecologists,botanists, animal scientists, geologists, and wetland specialists. The inventory was initiated in 1976, updated in the 1990's, and is currently undergoing additional reviews. Similar to New York State's Critical Environmental Area designation, the UNA is a locally recognized 5 designation of lands containing exceptional natural, aesthetic, or cultural qualities. The Town of Ithaca acknowledges the importance of UNAs and actively works to protect those lands, as recommended in the 1993 Comprehensive Plan and the1997 Town of Ithaca Park,Recreation and Open Space Plan; • Town of Ithaca Zoning Ordinance—Conservation Zoning Section 270-10 through 24, the purpose of which is"to preserve the outstanding natural features . . . and to provide the regulatory framework through which development can occur with minimal environmental impact in these areas. Among the natural values and ecological importance of these areas are their diversity as a plant and wildlife habitat,their existence as biological corridors, their scenic views and rural character, and their importance as an educational and recreational resource. In addition,certain lands in the Conservation Zones contain large areas of steep slopes, wetlands,highly erodible soils, and in one instance, the City of Ithaca water supply, which must be taken into consideration in planning for future development' • Town Environmental Quality Review, which provides the procedures for incorporating environmental factors for local decision-making and specifies additional Type I Actions including: authorization of industrial or commercial uses within a residential or agricultural district on 10 or more acres; an action which would use ground or surface water in excess of 100,000 gallons per day; any unlisted action which takes place in,or within 250 feet of, any critical environmental area; any facility, development or project 114 � which is to be located in, or immediately adjacent to, a designated wetland; any facility, development or project which would generate more than 2,000 vehicle trips per any twenty-four hour period; any facility, development or project which, when completed would generate dual-wheel truck traffic of more than 10 vehicles per any eight-hour period per day; any facility,development or project which would exceed New York State or federal ambient air quality standards, whichever is more restrictive; any facility, development or project which would exceed New York State or federal water quality standards,whichever is more restrictive; • Town of Ithaca Zoning Ordinance— Site Plan Review Section 270-189 Limitations on construction: No site plan shall be approved which provides for construction or other disturbance of land in environmentally sensitive areas, including but not limited to, wetlands, watercourses,steep slopes, unique natural areas, or rare plant or animal habitats,unless the applicant demonstrates with professional evidence reasonably satisfactory to the Planning Board that such construction may occur without adverse environmental effects upon such areas. Nothing in this subsection is intended to permit construction or other activities in areas where the same are prohibited or regulated by other laws or regulations of the federal, state, county, or local government. (2) Water Resources—Map 2 shows the location of major open water,wetlands,and streams,flood zones and hydric soils in Ithaca All of the land area in the Town drains to Cayuga Lake,the longest of the Finger Lakes. The major subwatersheds include Fall Creek,Cascadilla Creek, Six Mile Creek, and the Cayuga 6 Inlet. The Town of Ithaca's jurisdiction includes a large portion of the South End of Cayuga Lake(approximately 665 acres). Other large surface waterbodies include Beebe Lake, Lake Treman, and the Ithaca Reservoirs, all of which are man-made impoundments. There are well over 200 miles of streams,which include protected Class A, B, B(T) and C(T) segments. Approximately 70%of the Town residents (in addition to residents of the Towns of Dryden and Lansing and the Villages of Cayuga Heights and Lansing) are served by municipal drinking water that uses Cayuga Lake as its source. The City of Ithaca supplies drinking water to 30,000 residents from its intake on Six Mile Creek located in the Town of Ithaca. Cornell University's intake for its drinking water supply is on Fall Creek, also located in the Town. The other thirty percent of Town residents rely on private water wells. FEMA designated flood zones roughly follow the stream courses and bottomland wetlands along the Cayuga Inlet, Six Mile Creek, and Fall Creek, in addition to the Cayuga Lake shoreline. Designated wetlands in Ithaca include the DEC Freshwater Wetlands (193 acres) and the National Wetlands Inventory(309 acres) along with unmapped wetlands whose presence is indicated by the occurrence of hydric soils. A recent report completed by the Tompkins County Water Resources Council estimates that close to 20% of wetland acreage in the county is not found on DEC or NWI maps. The Town of Ithaca has instituted the following policies and local laws to protect our hydrologic resources: • Town of Ithaca Stormwater Management and Erosion and Sedimentation Control Law, which is more stringent than the DEC model law; • Town of Ithaca Storm Sewer System and Surface Waters Protection Law, which regulates non-stormwater discharges(i.e. pollutants)to the municipal storm sewer system and surface waters; • Town of Ithaca Flood Damage Prevention Law,which requires a permit for any construction in a special flood hazard area; • Town of Ithaca Zoning Ordinance— Site Plan Review Section 270-189 Limitations on construction: as mentioned above, it refers to wetlands and watercourses. • Pending-Draft Town of Ithaca Stream Setback Law, which establishes setbacks from streams in order to protect water quality and riparian corridors; • Pending- Sample Wetland Protection Law(under development by the Tompkins County Water Resources Council), which would allow municipalities to administer a permit system for activities in wetlands and their associated buffers; (3) Soils and Topographic Resources—Map 3 shows the location of the Ag Districts, Prime Farmland Areas,and Slopes greater than 15% The topography of the southern Finger Lakes Region and the Town of Ithaca specifically was shaped by its geologic history and is dominated by steep-sided valleys, incised gorges, and rolling hills. Approximately 18% of the town has slopes greater than 15%. Where the slopes are more gradual,there are areas appropriate for.farming, including prime farmland soils and over 4,640 acres in Agricultural Districts. According to the National Soil Survey Handbook Part 622.04 (a) "Prime farmland is land that has the best combination of physical and chemical characteristics for producing food, feed, forage,fiber, and oilseed crops and that is available for these uses. It has the combination of soil properties,growing season, and moisture supply needed to produce sustained high yields of crops in an economic manner if it is treated and managed according to acceptable farming methods." The Town of Ithaca is in the process of developing a Municipal Agriculture and Farmland Protection Plan with financial assistance from the NYS Department of Ag and Markets. In the process of this project, the Town has been interviewing farmers to gather their input on the current state and future of farming in the Town. Keeping areas in the town in active farming is important to our community,both in terms of having a local source of produce and for open space preservation. The Town of Ithaca has instituted the following policies and local laws to protect our soil and slope resources: • Town of Ithaca Agricultural Land Preservation Program, an initiative to preserve 14� farmland resources through purchase of development rights; • Town of Ithaca Zoning Ordinance—Site Plan Review Section 270-189 Limitations on construction: as mentioned above, it refers to steep slopes. (4) Cultural and Aesthetic Resources—Map 4 shows the location of trails,state parkland,and other cultural resources The Town of Ithaca recently conducted a resident survey and one of the questions asked about the important aspects to resident's quality of life. The residents rated the following as the most important: natural areas, town parks and trails, scenic views, and proximity to state parks. Within the Town, there are approximately eight miles of town trails and walkways,4.5 miles of Black Diamond Trail, and 2.5 miles of the Finger Lakes Trail. There are two New York State Parks, Buttermilk Falls and Robert H. Treman,comprising approximately 900 acres of important habitat and recreational opportunities, including camping,hiking, and public swimming. The Town owns or leases twenty areas designated as parkland, some of which include recreation facilities while others have yet to be developed. The area's geologic history has created Ithaca's distinctive scenery of deep gorges, forest-clad wooded hillsides, and panoramic views of Cayuga Lake and the rolling hills beyond. The Scenic Resources Committee of the Town of Ithaca's Conservation Board identified, evaluated, and cataloged significant views in order to build citizen interest in protecting views and to develop enforceable legislation for protecting views. The Town is also included in three state and nationally recognized designations for aesthetic,historic, and cultural importance related to 8 significant views of landscape and water. Those designations include the following: the New York State designated Cayuga Lake Scenic Byway,the New York State Canal Recreationway, and the Erie Canalway National Heritage Corridor. The Town of Ithaca is fortunate to claim a number of resources of historical importance within its boundaries, including buildings on the Cornell University campus, several neighborhoods, scores of individual residential structures, and other important landmarks such as abandoned railroad corridors, some that have been converted to multi-use trails, and former Native American settlements. The"Final Report for the Intensive Level Survey"(September 2005) highlighted twenty-eight"especially interesting" individual properties, out of"scores"that were considered architecturally or historically significant, along with three clusters of historic homes united by one or more themes as potentially significant. The Town of Ithaca has instituted the following policies and local laws to protect our cultural and aesthetic resources: • Town of Ithaca Park,Recreation and Open Space Plan(1997) included three main goals that continue to guide the Town's decision making and implementation: (1)provide an integrated system of parks,recreational facilities, and open space throughout the Town, with linkages between trails,parks,preserves, stream corridors, and utility rights of way; (2)provide for adequate recreational services for all Town residents; (3)improve the environment and preserve and protect it from degradation; • Town of Ithaca Scenic Resources Inventory&Analysis (2009) includes an inventory of significant views in the Town and recommendations for protection measures. In addition, the report warns that the siting of gas wells could negatively impact the scenic resources of the town; • Town of Ithaca Zoning Ordinance—Conservation Zoning Section 270-22(F) states that scenic views, particularly those with viewing points from adjacent roads, should be preserved by avoiding the siting of structures on ridgelines and hilltops and retaining existing vegetation, in addition to other measures; • The Town of Ithaca Zoning Ordinance—Special Land Use District#9 Section 270-10, includes special conditions protecting the scenic resources of this land use district by establishing a 27-acre"View Area"to remain clear of any substantial development; • Historic Preservation Planning Workshop at Cornell University 1997-2000,Final Report for the Intensive Level Survey,Prepared for the Town of Ithaca(September 2005) highlights historically significant buildings and other resources. Town of Ithaca Comprehensive Plan New York State Town Law Section 272-a requires that: "All town land use regulations must be in accordance with a comprehensive plan adopted pursuant to this section."The Town is 9 currently in the process of updating its plan,but the following goals and objectives from the 1993 Town of Ithaca Comprehensive Plan continue to be relevant to the Town: • To improve the environment and to preserve and protect it from degradation The objectives are to have o Protection of natural resources,selected open space,environmentally sensitive areas, and unique natural areas; o Protection of water and air quality and to keep impacts from erosion, sedimentation,and drainage to a minimum; o Identification and remediation of hazardous waste sites; o Fair distribution of the costs and benefits of open space; o Increased conservation of water and energy. The descriptions above of our significant natural and cultural features demonstrate that these resources must be protected and taken into consideration in the review and permitting process for any gas drilling-related activities. We think that this also shows that municipalities must be considered as partners with DEC in the regulatory process. 3. Additional Comments Pertinent to Siting and Resource Protection Use of Production Brine Solution on Roadways: Section 5.16.6 of the dSGEIS states that one option for disposal of"production brine" is road spreading for dust control and deicing, and that to do this a petition must be made for beneficial use determination(BUD) on the Part 364 permit. Section 5.16.7 states that the DEC does not presently have sufficient information to assess mitigation needs with respect to naturally occurring radioactive materials(NORMs) in brines, and that additional samples will need to be collected for assessment. Section 7.1.6.2 discusses characterization parameters for Marcellus brines for a BUD petition, including barium,BTEX, and radioactivity. It states that the DEC will deny permits if levels indicate a potential public exposure concern. However, given the need for additional data, it is unclear how this decision will be made. Table 8.1 lists both local governments and the Division of Solid and Hazardous Materials as having a"Primary role"in road spreading. • Permits must not be issued for road spreading of brines until there is a guarantee that fracturing fluids are not able to return to the surface during the gas well production phase. Data needs to be collected and assessed to understand the impact of naturally occurring radioactive materials(NORMs)as well as safe levels for all the parameters of concern (including heavy metals, aromatic hydrocarbons &NORMs) and set standards that will trigger a rejection of a BUD petition. As the DEC sets standards for safe levels of parameters in brines, considerations must include human exposure pathways, wildlife exposure, and deterioration of habitat(both terrestrial and aquatic)due to road spreading activities. • If road spreading is determined to be an acceptable practice,municipalities must be guaranteed a right as an involved agency in the SEQR process and standards must be made public so that citizens can evaluate the methods used by the DEC to make their decision to allow road spreading. This authority needs to apply to all roads (state,county, local) within the municipality,,and not just the roads owned by the municipality. 10 Surface ImmRoundments According to Section 7.1.7 of the dSGEIS "Many of the above practices address impacts that would be most effectively mitigated by use of covered tanks instead of open surface impoundments for centralized flowback water facilities." • Given this statement and considering that the flowback water from hydraulic fracturing of Marcellus Shale wells has been shown to contain elevated dissolved solids, chlorides, barium and other heavy metals, and radioisotopes, covered tanks rather than surface impoundments should be required in order to most effectively mitigate impacts. The quality of water in the Cayuga Lake Watershed is vital to the residents that reside in it and deserves the same consideration and protections as the New York City Watershed. Setbacks According to the dSGEIS, gas drilling activities are required to be setback a minimum of 100 feet from a private residence,which is the distance that was established in the GEIS (1992). • Locating an activity as intensive as gas drilling within 100 feet of a private residence is completely insufficient. As described in the dSGEIS, the gas drilling operation will require thousands of truck trips, 24 hours of drilling noise, and for a multi-well pad result in on- going activities that could be extended for up to three years, and for a single or multi-well incorporate the use of a compressor(s) at the well head(s) in subsequent years of production when the yields of gas begin to dwindle. One hundred feet was the smallest setback distance reported by the other states studied in the 2009 Alpha Environmental Consultants, Inc. report,cited in the dSGEIS. Seven of the eight states reported greater setbacks from private dwellings, including New.Mexico requiring 300 feet,Wyoming requiring 350 feet,while Louisiana and Texas required 500 and 600 feet respectively, which could be reduced with a waiver granted by an owner. New York State residents deserve greater protection than 100 feet from the intensive activities associated with gas drilling. A minimum setback from the well pad of at least 500 feet needs to be required. This should be the initial starting point for any setback requirement which would then be increased beyond 500 feet based on site specific considerations and needs (i.e. noise, terrain). According to the dGSEIS, the Department proposes that a site-specific SEQR review be required "for any proposed well pad within 150 feet of a private water well or domestic-supply spring". No established setback standard is proposed,except for certain poorly constructed water wells considered"vulnerable". The 150 foot threshold triggering a site-specific SEQR review is based on NYS Department of Health's (DOH)Standards for Water Wells-Table 1 "Required Minimum Separation Distances to Protect Water Wells From Contamination", and for which the 150 foot separation reflects the Department's analogy of"Fertilizer and/or pesticide mixing area" with gas drilling operations. • The DOH standards do not provide a category that in any way reflects the volume and variety of chemicals, chemical wastewater, and fuels that will be stored on site and used on- site. DOH's category for"Chemical storage sites not protected from the elements(e.g., salt and sand/salt storage)", which requires 500 feet of separation, is at least a more realistic analogy to gas drilling activities than a"fertilizer and/or pesticide mixing area". The chemicals, fuels;and chemical wastewater,while stored in tanks, will be used in enormous volumes on site and exposed to the elements throughout the gas drilling process. Nonetheless, the Department does not even propose to use the DOH setback standards,but 11 instead will conduct a SEQR review when a gas well is proposed within 150 feet of a private water well. • No well pad should be allowed within at least 300 feet of a private water well or domestic- supply spring, and even then, a site specific SEQR review should be performed to determine the adequacy. Private water wells and drinking water wells are highly vulnerable to contamination from activities on adjacent land. The specified setbacks are minimal distances to protect the water supplies from leaks, seepage, and accidental spills that could occur during gas drilling and gas production. • Further, operators of proposed wells must be required to determine the existence of public or private water wells and domestic-supply springs within half a mile of any proposed drilling location. Suggesting that the operators use"diligent efforts"to determine the existence of public or private water wells and domestic-supply springs within half a mile of any proposed drilling location is an inadequate threshold to protect the security of drinking water supplies and public health. Wetlands Section 7.3 of the dSGEIS refers to Chapter 8 of the GEIS (1992)for mitigation of wetlands impacts from well development activities and also includes several new supplemental measures. Although not directly stated,the dSGEIS and GEIS (1992)imply that the only wetlands that will be considered are DEC-regulated wetlands,those 12.4 acres in size or larger. eoo*� • Other smaller wetland resources must be considered as well. For example, in the Town of Ithaca there is approximately 193 acres of NYS DEC regulated wetlands, while the National Wetland Inventory has identified about 309 acres. In addition,the Town has over 2,000 acres of hydric soils,which are likely indicators of wetlands, suggesting the presence of significantly more unmapped wetlands. All of these wetlands serve important roles to water quality,habitat, and other functions. Site-specific analyses must include wetland delineation and mapping of all sites for wetlands of any size to ensure that wetland impacts are avoided and that all federal and state wetland regulations and permitting requirements are followed. Visual Resources Section 2.4.11 of the dSGEIS states that impacts from gas drilling activities on"visual resources of statewide significance"are to be addressed on a case-by-case basis during the review process and lists those categories that would be considered to be of statewide significance. • The list provided in the dSGEIS is incomplete and does not reference locally known significant scenic resources. The Town of Ithaca, as well as Tompkins County,have completed inventories of visual resources and identified those visual resources warranting protection. The Town of Ithaca's draft Scenic Resources Inventory and Analysis was completed in the summer of 2009, and the Town's Conservation Board's report"Saving Ithaca's Views"also documents significant views in the Town of Ithaca and includes a proposal for implementing measures to protect them. These locally important scenic resources,which the municipalities have gone to the effort to inventory and have begun to develop protection programs for, must be considered during the review of any gas well �...� permit application. 12 rte\ Stormwater and Erosion and Sedimentation Control Section 7.1.2 describes that the control mechanisms to mitigate negative impacts from stormwater runoff is to develop, implement and maintain comprehensive Stormwater Pollution Prevention Plans (SWPPP). Section 7.1.2 also states that the Multi-Sector General Permit (MSGP)needs to be revised in order to address the possible pollutant discharges. The MSGP at this point does not even address construction activity,which much of the activities associated . with the gas drilling process will be similar to construction activities. • The MSGP needs to be revised to include sections on construction activities(as suggested in Section 7.1.2.1). Insuring that erosion and sedimentation control measures are adequately designed, installed and maintained is essential to protecting water quality. Given the topography of the Ithaca area, erosion control from construction sites will be an ongoing challenge that requires regular inspections. • The Town of Ithaca is a regulated MS4 community with our own stormwater requirements for construction activities. If the Town is not able to enforce its own local law,the DEC should provide a list of Regional Site Inspectors with emergency contact numbers to the Town for coordination of complaint investigations and emergency response issues. Noise Section 7.10 of the dSGEIS discusses mitigating noise impacts, though most mitigation measures will only be required when a multi-well pad is located within 1,000 feet of an occupied structure. However,there are no considerations for noise generated during the production phase. Possible sources of noise include compressors and separators,the impact of which should not be minimized due to the possibility of operating during the nighttime hours or near sensitive environmental areas. General Water QualM Protection Section 7.1.11 of the dSGEIS entitled,Protecting the Quality of New York City's Drinking Water Supply, should not be limited to the water supply for New York City. Six Mile Creek,and its watershed, is the source of drinking water for the nearly 30,000 residents of the City of Ithaca, and Cayuga Lake,with its much larger watershed, is the source of drinking water for roughly another 40,000 Tompkins County residents, including residents of the Town of Ithaca. Fall Creek is the drinking water source for the Cornell University campus. Those residents not served by municipal water use private drinking water wells and do not have other feasible drinking water options. • The dSGEIS includes enhanced procedures and requirements in the vicinity of New York City's watershed. These protective measures should be extended through the entire State because residents drink the surface or ground water throughout the State. • The three drinking water sources in the Town of Ithaca serve approximately 70,000 residents. Under no circumstances should horizontal drilling be allowed under the three sources of local surface drinking water supply that are located in the Town of Ithaca: Cayuga Lake, Six Mile Creek and Fall Creek. Cayuga Lake also has the added danger of extensive salt mines below it that might be affected by the drilling and hydro-fracturing processes. rO'q 13 r Air Pollution The dSGEIS document concludes in Section 6.5 that initial modeling results on air quality indicated compliance with the majority of ambient thresholds on the drilling site. However, certain pollutants were projected to be exceeded due to specific source emission rates and stack parameters provided in the industry report. The modeling indicated exceedences of New York guideline concentrations for few of the additive chemicals for both the onsite and centralized impoundments on the well pad. Cumulative modeling was not carried out. In addition, mitigation measures are not provided for the following: emissions associated with trucks transporting equipment,material and workers to and from the site; emissions associated with the equipment, such as the drill,pumps, compressors, and separators; and flaring. • The dSGEIS needs to include a thorough, cumulative analysis of air quality taking into account all sources for multiple well drilling and production operations. Cumulative Impacts Section 6(Potential Environmental Impacts) of the dSGEIS devotes five brief pages to a discussion of cumulative impacts (Section 6.13). The introductory paragraph quotes the 1992 DEIS which states the following: "Though the potential for severe negative impacts from any one site is low. When all activities in the State are considered together, the potential for negative impacts on water quality, land use, endangered species and sensitive habitats increases significantly." Other than Section 6.13.1, which illustrates the ease of quantifying site-specific impacts, the remaining pages attempt to justify the Department's failure to attempt a rigorous analysis of the cumulative impacts on a regional basis. The Department provides the following conclusion regarding cumulative impacts in Section 9.2.2: "The approach for addressing regional cumulative impacts is to focus on the proactive siting of well pads as discussed in previous sections of this SGEIS. If the location and construction of each well pad is based on `Best Practices' (See Appendix A,NTC)then the potential impacts will be lessened and/or eliminated.When applications are reviewed,it is recommended that DEC examine any negative issues that have occurred on adjacent spacing units to determine if there is a potential problem in the area that needs further scrutiny." • The regional cumulative impacts conclusion is wholly inadequate. It should not require extraordinary vision to assess gas production and delivery impacts on regional resources both in the short term and in the long term.An estimate of the amount of well activity likely across the state based on both industry and scientific calculations and then an analysis of the cumulative impact of those wells across the New York State landscape must be undertaken to identify those impacts that will only be known from taking a broader perspective. The potential air, soil and water impacts are already documented in the dSGEIS, and wildlife issues such as habitat fragmentation and noise are reasonably well understood so that planning to mitigate these impacts is not an unreasonable expectation. This analysis should further include a determination of what a full"build out"of wells would look like and what community costs,mitigations and benefits would be associated with it. • Greatly impeding the DEC's ability to assess the cumulative impact is the segmentation of the SEQR process. Impacts from water withdrawal, water treatment, and collection infrastructure(to mention a few)have all been left out of the environmental analysis making 14 it impossible to assess the true environmental impact. This is an inherently integrated process, and it is inappropriate to segment them. A full build out model of the potential Marcellus gas field, including temporary roadways,pipelines, well pads and staging areas based upon setback requirements and geographical constraints is feasible given today's mapping technologies. Enforcement The dSGEIS requires a great deal of monitoring and inspections but offers no details on implementation. The Department maintains that it has adequate resources to monitor and enforce activity related to the shale gas development,but provides no documented analysis or proof to substantiate that claim. It is common knowledge that DEC's Division of Mineral Resources statewide currently has a staff of less than 20. According to a recent analysis of Chapter 7 of the dSGEIS regarding the protection of water resources,students from the Cornell Law School Water Law Clinic, on behalf of the Town of Danby, counted approximately 180 new tasks the DEC has taken upon itself with respect to protection of water resources alone from the proposed hydrofracturing. Section 7.1.4.2, for example, requires that a Department inspector be present at the commencement of casing cementing operations for each well. Even with multi-well pads, this presence is an enormous commitment of state resources given that some 2,000 well permit applications are expected each year. The analysis identified numerous extra mitigation measures in Chapter 7 that must be taken to protect the environment. Without even considering mitigation measures regarding air quality, ecosystems and wildlife, greenhouse gas emissions,naturally occurring radioactive materials, visual resources, noise,road use, community character, and cumulative impacts, it is clear that currently,the Department does not have the workforce required to engage in the mitigation measures it guarantees. The individual tasks are demanding and require significant resources for their completion. • Because current law restricts local municipalities from many regulatory activities related to shale gas extraction, localities must depend on the DEC and other state agencies to carry out monitoring and enforcement activities.Experiences with shale gas extraction in Pennsylvania demonstrate that self-regulation by gas extraction companies results in significant degradation of environmental resources and public health more severely and more often than our communities are ready to bear. The Department urgently needs to explain exactly how it will accomplish enforcement activities with the limited resources that it has available • How will these mitigations be funded and undertaken? Without a plausible answer, it is difficult for the Town of Ithaca to feel confident that they will occur, and our local and regional resources protected. • Increasing permitting fees sufficiently to reflect the increased oversight necessary for this scale of drilling may be one way to fund the monitoring and inspections. Modifying the permit fees to account for the total length of a well versus only the vertical depth would be one way to more equitably distribute the cost of regulation and fund fuller analyses of impacts. If permit fees are increased, it is important that the revenues generated be directed to a fund addressing these oversight duties. 15 CONCLUSION The Town of Ithaca appreciates the opportunity to provide comments to the NYSDEC Division of Mineral Resources on this important issue. Because of the length and breadth of the dSGEIS; we limited our comments and discussion to those aspects of the proposed gas drilling regulatory program most in discordance with the Town's ability to protect valued resources and the quality of life for our residents. We ask the Department to make necessary and extensive modifications to the dSGEIS with the aim of insuring a regulatory program that works closely with local authorities and incorporates firm standards with steadfast enforcement that residents in the Town of Ithaca and throughout NYS can have faith in to protect our resources and quality of life. Our overriding concern is that the importance of retrieving the shale gas for the benefit of the State and Nation should not overshadow or relegate to a lesser status all other resources concerns and needs in the state. Natural gas has been in the Marcellus Shale for millions of years and it will be there for many years to come. Let's not pass along another set of problems but instead take the time to make sure that New York State and the Department of Environmental Conservation have the proper regulations and are staffed to manage and regulate the drilling for the natural gas in the Marcellus Shale. In brief,there should be no gas drilling in NYS until the State provides for the following: 1. Allow municipal control over permitting, siting and certain construction and operational �•.` parameters in accordance with a municipality's land-use regulations and local laws. 2. Require closed storage and pre-treatment of fracturing fluid and wastewater from natural gas operations. Prohibit surface storage and surface disposal of fracturing fluid and wastewater from natural gas operations. 3. Require complete public disclosure of fracturing fluid and drilling wastewater constituents. 4. Require independent baseline water quality testing of potentially impacted public and private drinking water sources,financed by energy companies. 5. Mandate setbacks from private and public water sources that are adequate to protect them from uncontrolled releases of gas and hydraulic fluid, which, according to NYSDEC historical spills data,can migrate thousands of feet in minutes. 6. Impose strict reporting requirements for uncontrolled oil and gas releases consistent with New York State Navigation Law. 7. Impose strict financial liability on energy companies for environmental remediation costs. 8. Allow access to New York State's Spills Remediation Fund for emergency clean-up related to natural gas drilling contamination releases. �..` 16 9. Create a permit fee structure to finance adequate staffing at NYSDEC and training of local emergency response personnel. 10. Require energy companies to post performance bonds or acquire pollution clean-up insurance prior to initiating site work. 11. Require disclosure of development plans far enough in advance to allow for planning and bonding for bridge and roadway use. 12. Conduct a comprehensive analysis of statewide impacts of natural gas development,using a "full build-out"scenario based on the maximum allowable wells per acre. Thank you for your consideration of our comments, H bert Eng. own Sup icor On behalf ofMe Ithaca To n Board Rich DePaolo, Bill Goodman,Tee-Ann Hunter,Pat Leary,Eric Levine,Peter Stein cc: Governor David Paterson U.S. Representative,Maurice Hinchey State Senator, George H. Winner, State Senator,James L. Seward, State Senator, Michael F. Nozzolio Chair of Senate Committee on Environmental Conservation,Antoine Thompson State Assemblywoman, Barbara S. Lifton Chair of State Assembly Committee on Environmental Conservation,Robert K. Sweeney NYSDEC Commissioner,Peter Grannis 17 Map 1 - Town of Ithaca Ecological Resources cc Mapped Wetlb' d- ode ,W3) J Renvlick 5 o DWoods � � suck r W o s laird San,ctuar Indian Geek Gorge and Lake Slopes N Bull Pasture Ponds y� aI{ 4er Wogds all Creek Valley, Ithac Beebe Lake Woos aid Gof!e( Mundy ildflower Garde r�McGowan W ods Cascadi tJ r C-asuaNla Woods and Fish Pend Coy en Culver Greek Ravine an ds, N gundo Woods IN Flemin Me ow Six Mile Creek Valley, Ithaca Calkins Road Glen Butterrriil6Cree�Gorge and Inlet Valley Slopes Larch Meadows South Hill Swamp . Cayuga Inlet Floodplain Lick Brook and Inlet Valley Slop Eldridge Preserve Enfield Glen 1 N Town Preserves Conservation Zone o 0.2 D.4 0.8 1.2 Miles Nature Conservancy �I Finger Lakes Land Trust-owned Easements ® Critical Environmental Area Data.Source: Map produced by Tompkins Count Town of Ithaca Planning Dept Unique Natural Areas Information Technology Services December 2009 GIS Division Map 2 - Town of Ithaca Water Resources A 4d r,N1 4L NIVl l ,I o s I r� r f \. N Streams 0 0.2 0.4 0.8 1.2 Miles Wetlands-NYSDEC Wetlands-N W I Flood Zone-FEMA Data source: Map produced by Tompkins County Town of Ithaca Planning Dept Hydric Soils Information Technology Services December 2009 GIS Division Map 3 - Town of Ithaca Soils and Topography k 7 �� xv Kx s x } --- 4 r 1 ' 1 777 104 N 0 0.2 0.4 0.8 1.2 Ag Districts Miles -°- Slopes >15% Map produced by All Areas Prime Farmland Data Source: Town of Ithaca Planning Dept Tompkins County December 2009 Information Technology Services GIS Division Map 4 - Town of Ithaca Cultural Resources 1 ��'.,•..�.,i:fit.. f ii.. --17 1 4- 1 \I4J ud k I ^l �l i M. I� yy � e � ••�_ y tet. •t4•, a W Finger Lakes Trail N Black Diamond Trail 0 0.2 0.4 0.8 1.2 Miles Buildings Town Parks & Trails Ag-related Conservation Easements Map produced by - Data Source: Town of Ithaca Planning Dept I State Parks Tompkins County December 2009 Information Technology Services City of Ithaca Watershed Protection Area CAIS Division �P55WATPOMOF Harlin R. McEwen Chairman, IACP Communications and Technology Committee w I'A p Chief of Police (Ret) - City of Ithaca, NY AA m FBI Deputy Assistant Director (Ret) - Washington, DC 422 Winthrop Drive, Ithaca, NY 14850-1739 SINCE]893 Mobile 607-227-1664. E-Mail chiefhrm@pubsaf.com e Phone 607-257-1522 December 29, 2009 Mr. Herb Engman Supervisor, Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 RE: Dangerous Traffic Conditions near Northeast Elementary School Dear Herb: After I met with you on the morning of December 17, 2009, 1 went back home and that afternoon saw another example of the daily dangerous condition I have reported. I have enclosed photos I took on that day. Today, a car has again lost control on the curve. We were fortunate that school was not in session and that children were not walking near the crosswalk and the front of my home. I have attached photos of the tracks of the skidding vehicle and the marks the driver left in my lawn. I am hoping that you have already taken steps to get the Town Board to take quick action to minimize this problem. Once again I am recommending that the Town enact legislation that would create a NO STANDING AT ANYTIME zone on both sides of Winthrop Drive near the crosswalk as I have described in the diagram I submitted. Thank you for your attention to this matter. Sinc rely, Harlin R. McEwen Winthrop Drive School Crossing/Curve December 17, 2009 1012 rt, •r i ,y v4� p r 12/17/2009 Winthrop Drive School Crossing/Curve— December 17, 2009 r 12/17/2009 { i f 4✓ l GII�IgIIlUl1111gHIAbINIIIPNIP!)✓� tnieua�am�annaua'awGn ■ wy�w Winthrop Drive Accident—December 29, 2009 a - 12/2912009 d �' i J ..•.. • .ssr .mow., R a 9 �, � r.'a.• �,�' �a.