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TB Correspondence 2011
New York State Department of Environmental Conservation Division of Environmental Permits Alm NYSDEC HEADQUARTERS X625 BROADWAY 1LBANY,NY 12233 (518)402-9167 To January 18, 2011 Topp t�Tyq all ROBERT R SPROLE, III THERM INC HUDSON ST EXT ITHACA,NY 14850 Re: DEC ID#7-5030-00016/00005 THERM INC Dear Applicant Agent This letter is to advise you that the Department proposes to modify the permits)referenced above, as explained in the enclosed Notice of Intent to Modify. Pursuant to 6NYCRR Part 621.13(d), should you object to the modification you may submit a written statement giving reasons why your permit should not be modified or you may request a hearing or both. Statements and requests £or bearing must be submitted by 2/25/2011, and should be sent to me at the above address. Notice and the opportunity for public comment is required for this application. Please have the Notice published in the newspaper identified below once during the week of 1/24/2011 on any day Monday through Friday. ITHACA JOURNAL voft%' 123 W STATE ST ITHACA,NY 14850 On the Notice of Intent to Modify,that information presented between the horizontal lines, on the enclosed pages(s) should be published. Do not print this letter or the information contained below the second bold horizontal line. Please request the newspaper publisher to provide you with a Proof of Publication for the Notice. Upon receipt of the Proof of Publication promptly forward it to this office. You must provide the Proof of Publication before a final decision can be rendered on your application. You are responsible for paying the cost of publishing the Notice in the newspaper. Notification of this intent to modify is also being provided by this Department in the NYSDEC Environmental Notice Bulletin. If you have any questions please contact me at the above address or phone number above. Sincerely, `y TERESA DIEHSNER ? Division of Environmental Permits S A91hY New York State Department of Environmental Conservation anow Notice of Intent to Modify Date: January 14, 2011 Permittee: THERM INC PO BOX 220 ITHACA, NY 14851-0220 Facility: THERM INC HUDSON ST EXT ITHACA,NY 14850 Application ID: 7-5030-00016100005 Permits(s)being Modified: 1 -Article 17 Titles 7 & 8 Industrial SPDES- Surface Discharge Project is located: in ITHACA in TOMPKINS COUNTY Project Description: The New York State Department of Environmental Conservation (DEC) is pursuing a Department Initiated Modification (DIM) to the State Pollutant Discharge Elimination System (SPDES) Permit (NY0244261), pursuant to 6 NYCRR Part 750-1.18, and 750-1.19, the Priority Ranking System known as New York State's Environmental Benefit Permit Strategy(EBPS). Therm Incorporated focuses on various machine processes. The facility specializes in the preparation of airfoil components for the aerospace and industrial turbine industry. No process wastewater is discharged through surface water outfalls. Outfalls discharge groundwater and stormwater runoff only. The facility has discharge to a drainage ditch tributary to Six Mile Creek, a class C water. The following changes to the permit are proposed: Outfall 001: Monitoring for two parameters has been removed and will be monitored at Outfall 01A. Water Quality Based Effluent Limit for Total Iron was increased, as a result of a new water quality standard. Outfall 01A: Monitoring and limits for parameters have been removed since they have not been detected in the effluent during the last three year period and beyond. The monitoring frequency for the remaining parameters has been reduced from Monthly to Quarterly. These parameters arc either consistently below limits or have rarely been detected. The Tetrachloroethylene limit has been retainal. A quarterly total suspended solids limit was added to the permit based on best professional judgement. Best itilanagement Practices plan requirement has been added. The monitoring locations page has been updated. Discharge Notifications Act page has been added. The recording, reporting and additional monitoring requirements page has been updated. Availability of Application Documents: Filed application documents, and Department draft permits where applicable, are available for inspection during normal business hours at the address of the contact person. To ensure timely service at the time of inspection, it is recommended that an appointment be made with the contact person. State Environmental Quality Review(SEQR)Determination Project is an Unlisted Action and will not have a significant impact on the environment. A Negative Declaration is on file. A coordinated review was not performed. SEQR Lead Agency None Designated State Historic Preservation Act(SHPA)Determination The proposed activity is not subject to review in accordance with SHPA. The permit type is exempt or the activity is being reviewed in accordance with federal historic preservation regulations. Coastal Management This project is not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act. Availability For Public Comment Contact Person Comments on this project must be TERESA DIEHSNER submitted in writing to the Contact NYSDEC Person no later than 02/25/2011 625 BROADWAY or 30 days after the publication date ALBANY,NY 12233 of this notice,whichever is later. (518)402-9167 CC List for Notice of Intent to Modify Chief Executive Officer J. March, RPA J. Zalewski, RWE J. Weidman, Permit Writer 00� Jamison, CO BWP Permit Coordinator -. Josilo, EPA Region 2 NYSDOH District Office NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION State Pollutant Discharge Elimination System (SPDES) DISCHARGE PERMIT ,ndustrial Code: 9511 SPDES Number: NY0244261 Discharge Class(CL): 01 DEC Number: 7-5030-00016/00001 Toxic Class(TX): T Effective Date(EDP): 10/01/2010 Major Drainage Basin: 07 Expiration Date(ExDP): 09/30/2015 Sub Drainage Basin: 05 Modification Dates:(EDP Water Index Number: ONT 66-12-P296-75 Compact Area: This SPDES permit is issued in compliance with Title 8 of Article 17 of the En ' al Conservation Law of New York State and in compliance with the Clean Water Act,as amended,(33 U.S.C. §1251 et. er referred to as"the Act"). PERMITTEE NAME AND ADDRESS Name: Therm Incorporated - ' Attention: Robert R.Spr Street: 1000 Hudson Street Extensionh � City: Ithaca State % ,NY Zip Co 50 is authorized to discharge from the facility described below: .41 a ,_ 3 FACILITY NAME AND ADDRESS Name: Therm Incorporated ; .,. Location(C,T,V): Ithaca(C) ~ =@`oun_ty.'. Tompkins Facility Address; 1000 Hudson Street Extension City: Ithaca State: NY Zip Code: 14850 NYTM-E: NYTM-N: From Outfall No.: 001 at Latitude: 42 ° 25 ' 15 " &Longitude: 76 ° 29 ' 15 " into receiving waters kno�lvnf as: iz3r+aa'mage Ditch Tributary to Six Mile Creek Class: C and;(list other Outfalls,Re'6eiviriglVaters&Wain Classifications) 01 A,002,003 Drainage Di}ch Tnbutarjt tQ }le Greek Class:C in accordance uvttiflt8ntitations;motittsarng and reporttng requirements;other provisions and conditions set forth in this perrmit,and' NYCRR Part 750 1,,f2, and 750 2` DISCHARGE.MONITORING REPORT(DMR)MAILING ADDRESS Mailing Name: Therm Incorporated Street: 1000 Hudson Street Extension City: Ithaca State: NY Zip Code: 14850 Responsible Official or;Agent:, Robert R. Sprole,III Phone: (607)272-8500 This permit and the authorization=to discharge shall expire on midnight of the expiration date shown above and the permittee shall not discharge after the expiration date unless this permit has been renewed,or extended pursuant to law.To be authorized to discharge beyond the expiration date,the permittee shall apply for permit renewal not less than 180 days prior to the expiration date shown above. DISTRIBUTION: CO BWP-Permit Coordinator Pertnit Administrator: RWE—Region 7 RPA—Region 7 Address: eob�PA Region II-Michelle Josilo Signature: Date: / / r SPDES PERMIT NUMBER NY 0244261 Page 2 of 8 PERMIT LIMITS, LEVELS AND MONITORING DEFINITIONS OUTFALL WASTEWATER TYPE RECEIVING NVATER EFFECTIVE EXPIRING -. This cell describes the type of wastewater authorized This cell lists classified The date this page The date this page for discharge.Examples include process or sanitary waters of the state to which starts in effect.(e.g. is no longer in wastewater,storm water,non-contact cooling water, the listed outfall discharges. EDP or EDPM) effect.(e.g.ExDP) PARAMETER MINIMUM MAXIMUM UNITS SAMPLE FREQ. SAMPLE TYPE e.g,pH,TRC, The minimum level that must be The maximum level that may not SU,'F, Temperature, D.O. maintaincd at all instants in time. be exceeded at any instant in time. mg!],etc. PADA- EFFLUENT LIMI f PRACTICAL QUANTITATION ACTION UNITS SAMPLE SAMPLE METER LIMIT(MI.) LI'VEL FREQUFNCY TYPE Limit types are defined below in For the purposes of compliance Action Levels This can Examples Examples Note 1. The effluent limit is assessment, the analytical method are include units include Daily, include developed based on the more specified in the permit shall be monitoring of flow,pH, 3/week, grab,24 stringent of technology-based used to monitor the amount of the requirements, mass, weekly, hour standards, required under the Clean pollutant in the outfall to this level, as defined Temperature, 2ftnontlt, composite Water Act,or New York State water provided that the laboratory analyst below in Note concentration. monthly, and 3 grab quality standards. The limit has has complied with the specified 2,that trigger Examples quarterly,2/yr samples been derived based on existing quality assurance/quality control additional include pg/l, and yearly. collected assumptions and rules. These procedures in the relevant method. monitwilg lbs/d,etc. over a 6 assumptions include receiving water Monitoring results that are lower and permrt' hour hardness,pH and temperature; rates than this level must be reported, review when period. of this and other discharges to the but shall not be used to determine exceeded. receiving stream; etc. If compliance with the calculated assumptions or rules change the limit. This ML can be neither limit may, after due process_sand lowered nor raised without a modification of this permit change: modification of this permit. Note 1:DAILY DISCHARGE:The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for the purposes of sampling.For pollutants expressed in units of mass,the`daily discharge' is calculated as the total mass of the pollutant discharged over the day. For pollutants with limitations expressed in other units of measureirtent,the'daily discharge' is calculated as the average measurement of the pollutant over the day. DAILY MAX,The highest allowable daily discharge. DAl LY MIN:The lowest allowable daily discharge. MONTHLY AVG(daily avg): The highest allowable average of daily discharges over a calendar month,calculated as the sum of each of the daily discharges measured Burin,, a calendar month divided by the number of daily discharges measured during that month.RANGE:The minimum and rnaximu!3t instantanauts measurements for the reporting period must remain between the two values shown.7 DAY ARITHMETIC MEAN(7 day average):The highest allowable average of daily dischar,cs over a calendar week. 12 INIRA (twelve month rolling avg):The average of the most recent twelve month's monthly avcragcs 317 DAY Gk OiNI FTIt1C MEAN(30 d geo mean): The highest allowable geometric mean of daily discharges over a calendar month,calculated as the antilo,of': the.limn of the log of each of the daily discharges measured during a calendar month divided by the numhcr 0i'daily di�chflrgcs mcal<urud during that month.7 DAY GLOMFTRIC;MI- 1N (7 d geo mean):The highest allowable geometric mean of daily dischargcs over it calendar%,.cek. Note 2: ACTION LEVF,LS: Routine Action Level monitoring results, if not provided for on the Discharge Monitoring Rcport(I)\I K)form,shall be appended to the DMR Cor the perirxl dt!rina which the sintpling was cu>>ductcd. It the additional monitoring requirement i u rcd as notcd ac low, the permittee shall undertake a short-term,high-intensity monitoring prottrim for the harimctcr(s)- Santplcs identical to those required for routine monitoring pt!rposes shall be taken on each of at lca t thlce consccutivc opertuing and disuhtuging days incl MIAvzcd, Results lie capressLL'.. in terms of both conccntration and mass,and shall be;ubmiticd no later than the end of the third month followin t'hc;11nct11 ,,,1,tr the adtii iu!:ul numitrrring reyuircutent wns triaucred. Results may be appended to the PMP\ ur truisr!!ittcd umler separate cover to th ..>>!e address. I['le than the Action Levels are confirmed,[lie pennit may be reopened by the Department for consideration of revised Action Levels or criluent limits. The permittcc is not authorized to discharge any or the listed parameters at levels which may cause or contribute to a violation of water quality standards,The additional monitoring requirement is triggered upon receipt by the pennittee of any monitoring results in excess of the stated Action Lcvel. SPDES PERMIT NUMBER NY0244261 Page 3 of 8 PERMIT LIMITS, LEVELS AND MONITORING QUTFALLNo. WASTEWATER TYPE RECEIVING WATER EFFECTIVE EXPIRING 001 Stormwater bypass(outlet for flows in excess of capacity of Drainage Ditch Tributaryto EDPM 09/30/2015 the oil/Nvalcr separator) Six Mile C'reck EFFLUENT MONITORING SAMPLE SAMPLE FN PARAMETER N1011011",Avg. Daily Max. AcTiON LEVEI_ UNITS FREQUENCY TYPE Flow - Monitor gpd Quarterly Instantaneous OUTFALL No. WAS I LWA rl I:TYPE RECf-:MNG WATER EFFECTIVE EXPIRING 01At Stonn water and groundwater infiltration through Drainage Ditch"Tributary to Six EDPM 09/30/2015 Oil/Water Separator Mile Creek PARAMETER MIN11%1UI MAXIMUM UNITS SAMPLE FREQUENCY SAMPLE TYPE FOOTNOTES(FN) pl-I 6.0 9.0 SU Quarterly Grab EFFLUENT MONITORING SAMPLE SAMPLE FN PARAMETER Monthly Avg. Daily A4ax, ACTION LEVEL UNITS FREQUENCY TYPE Flow Monitor gpd lnstantnncrnts Grab Jit & Grease - 15 mg'l Quanurly Grab Total Suspended Solids 50 nigll Quartcrly Grab Copper, Dotal 0.08 1T1 Quarterly Grab Iron,Tol:d - 0.6 mill Quartcrly Grab Tetrachlolvctltytenc 0.002 111111 Quarterly Groh 0[1 1 :11.1_No. 11',15 IT W.%TrR 'I)TE kE?CI I\'!\(; "A 1,1.1: tllta Storum;)m Drainage Ditclt'1I'ilr,o,ii. ,) Six \iilcCreek IID11 1 W),"AH 11 EFFLUENT MONITORING SAMPLE SAMPLE 1:1N PARAMETER Monthly Avg. Daily Max. ACTION LEVEL UNI"1 S I RLQUENCY TYPE Tetrachloroethylene 0.005 mg/1 Quartcrly Cir,lb OUTFALL No. WASTEWATER TYPE N.:CEIVING WATER EIFFLCI'IVE IiNPIRING 003 Stormwater Drainage Ditch"I'ributIiry to Six Mile Creek EDPNI 09/30/2015 NO MONITORING REQUIRED Footnotes: Note 1 -Sampling of Outfall 01 A shall be conducted on the first day flow is present in each monitoring period. SPDES PERMIT NUMBER NY 0244261 Page 4 of 8 MONITORING LOCATIONS The permittee shall take samples and measurements,to comply with the monitoring requirements specified in this permit,at the location(s)specified below: ourFALL.GOt OUTFALL OR NOTE: BOTH PIPES OUTFALL,002 CISCHARGE TO DRAINAGE DOCH AT OUTFALL 01A MME LOCATION OIL/WATER SEPERATOR' ADMINLSTRATiON STORMWATER STORIAWATER GROUNDWATER FOOTING DRAINS 011AATER SEPEMATOR EQUALIZATION FOOTING GRAINS STORM.WATER BYPASS (FLOWS >40D CPM) MANUFACTURING GROUNDWATER HOUSE COLD STORAGE FROM "M ME Seeler Engineering,P.C. PROPOSENERMIT MODIMATION r�auRamin�aR 1151 Prr SFQ1I)4!&MRd&,SUM 125 TH1Ei14I II�ICOkPO P111SL+ORD;MYORK145P ILfTACA.HR'F , RATE) RB PHONB510-Z4MI) #AX 585.245.332 ` SPDES PERMIT NUMBER NY0244261 Page 5 of 8 SPECIAL CONDITIONS - INDUSTRY BEST MANAGEMENT PRACTICES I. General-The permittee shall develop,maintain,and implement a Best Management Practices(BMP)plan to prevent releases of significant amounts of pollutants to the waters of the State through plant site runoff;spillage and leaks;sludge or waste disposal; and stormwater discharges including,but not limited to,drainage from raw material storage. The SMP plan shall be documented in narrative form and shall include the 13 minimum BMPs and any necessary plot plans, drawings,or maps.Other documents already prepared for the facility such as a Safety Manual or a Spill Prevention,Control and Countermeasure(SPCC)plan may be used as part of the plan and may be incorporated by reference.A copy of the current BMP plan shall'be submitted to the Department as required in item(2.)below and a copy must be maintained at the facility and shall be available to authorized Department representatives upon request. 2. Compliance Deadlines -The initial completed BMP plan shall be submitted,by EDPM+6 months,to the Regional Water Engineer. The BMP plan shall be implemented within 6 months of submission.The BMP plan shall be reviewed annually and shall be modified wheneN cr: (a) chan,2es at the (nullity materially in the potential for releases of pollutants;(b) actual releases indicate the plan is inadequate, or(L:) ,, letter from the Department identifies inadequacies in the plan.The permittee shall certify in writing, ;Is an attachiiicw in the December Discharge Monitoring Report(DMR),that the annual review has been completed. All BMP plan revisions(with the exception of SWPPPs- see item(4.B.)below)must be submitted to the Regional Water Engineer within 30 days.Note that the permittee is not required to obtain Department approval of the BMP plan(or of any SWPPPs)unless notified otherwise. Subsequent modifications to or renewal of this permit does not reset or revise these deadlines unless a new deadline is set explicitly by such permit modification or renewal. 3. Facility Review-The permittee shall review all facility components or systems (including but not limited to material storage areas;in-plant transfer,process,and material handling areas; loading and unloading operations;storm water,erosion,and sediment control measures;process emergency control systems;and sludge and waste disposal areas)where materials or pollutants are used,manufactured,stored or handled to evaluate the potential for the release of pollutants to the waters of the State. In performing such an evaluation, the permittee shall consider such factors as the probability of equipment failure or M improper operation,cross-contamination of storm water by process materials,settlement of facility air emissions,the effects of natural phenomena such as freezing temperatures and precipitation, fires, and the facility's history of spills and leaks.The relative toxicity of the ollu '�slMA4 be considered in determining the significance of potential releases. 4. A. 13 BMPs.-Whenever the potential for a release of pollutants to State waters is determined to be present,the permittee shall identify BMPs that have been established to prevent or minimize such potential releases.Where BMPs are inadequate or absent,appropriate BMPs shall be established. In selecting appropriate BMPs,the permittee shall consider good industry practices and, where appropriate,structural mcasures such as secondary containment and erosion/sediment control devices and practices. USL-PA guidance for development of storniwater elements of the BMP is available in the September 1992 manual Storni 11'ater117auu11c;)w rt forIndusirial.lctivilies, EPA 832-R-92-006 (available from NTIS,(703)487-4650,order #PB 9223969). o, TheBMPs are listed below: 1. BMP Pollution Prevention Team 6. Security 10. Spill Prevention&Response 2. Reporting of BMP Incidents 7. Preventive Maintenance 11. Erosion&Sediment Control 3. Risk Identification&Assessment 8. Good Housekeeping 12. Management of Runoff 4. l:mployee Training 9. Materials/Waste Handling, 13. Street Sweeping Storage, &Compatibility 5. 1n,hrcaions and Records Note that for some facilities,especially those with few employees, some of the above BMPs may not be applicable. It is acceptable in these cases to indicate"Not Applicable"for the portion(s)of the BMP Plan that do not apply to your facility, along with an explanation. B.Storinwater Pollution Prevention Plans (SWITP.0 Required for I)ischar es of Stormwater From Construction Activity to Surface NVaters- As part of BMP 411,a SWPPP shall be developed prior to the initiation of any site disturbance of one acre or more of uncontaminated arca. Uncontaminated area means soils or groundwater which are free of contamination by any toxic or non-conventional pollutants identified in Tables 6-10 of SPDES application Form NY-2C. SPDES PERMIT NUMBER NY 0244261 Page 6 of S SPECIAL CONDITIONS-INDUSTRY BEST MANAGEMENT PRACTICES-Continued Disturbance of any size contaminated area(s)and the resulting discharge of contaminated stormwater is not authorized by this permit unless the discharge is under State or Federal oversight as part of a remedial program or after review by the Regional Water Engineer; nor is such discharge authorized by any SPDES general permit for stormwater discharges. SWPPPs are not required for discharges of stormwater from construction activity to groundwaters. The SWPPP shall conform to the New York Standards and Specifications for Erosion and Sediment Control and New York State Stormwater 11anagemew Design Manual, unless a variance has been obtained from the Regional Water Engineer,and to any local requirements.The permittee shall submit a copy of the SWPPP and any amendments thereto to the local governing body and any other authorized agency having jurisdiction or regulatory control over the construction activity at least 30 days prior to soil disturbance.The SWPPP shall also be submitted to the Regional Water Engineer if contamination,as defined above,is involved and the permittee must obtain a determination of any SP1)13S permit modifications and/or additional treatment which may be required prior to soil disturbance.Otherwisc, the SWPPP shall be submitted to the Department only upon request.When a SWPPP is required, a properly completed Nonce oflntent(N01) form shall be submitted(available at www.clec.ny.�zov/cliemical/43133.htnil}prior to soil disturbance.Note that submission of a N01 is required for informational purposes; the permittee is not eligible for and will not obtain coverage under any SPDES general permit for stormwater discharges,nor are any additional permit fees incurred. SWPPPs must be developed and submitted for subsequent site disturbances in accordance with the above requirements.The permittee is responsible for ensuring that the provisions of each SWPPP are properly implemented. SPDES PERMIT NUMBED,NY0244261 Page 7 of 8 DISCHARGE NOTIFICATION REQUIREMENTS ) The permittee shall maintain the existing identification signs at all outfalls to surface waters, which have not been waived by the Department in accordance with ECL 17-0815-a. The sign(s)shall be conspicuous, legible and in as close proximity to the point of discharge as is reasonably possible while ensuring the maximum visibility from the surface water and shore. The signs shall be installed in such a manner to pose minimal hazard to navigation,bathing or other water related activities. If the public has access to the water from the land in the vicinity of the outfall, an identical sign shall be posted to be visible from the direction approaching the surface water. The signs shall have minimum dimensions of eighteen inches by twenty four inches (18"x 24")and shall have white letters on a green background and contain the following information: � ?`; N.Y.S. PERMITTED DISCHARGE POINT SPDES PERMIT No.: NY OUTFALL No. For information about this permitted discharge contact: Permittee Name: Permittee Contact: Permittee Phone: OR: NYSDEC Division of Water Regional Office Address NYSDEC Division of Water Regional Phone: ( )-#### b) For each discharge required to hare? a sign in accordiuicc «with �0. tlx per]III'ttcc shall III ok ide f'or public lv�in'.. at a rL°I)0Sit01'y accessible to the public, copies of the DkchaiLL: Nionitorim, ILcpc is as required by tltc RI'CORI)ING, REPORTING AND ADDITIONAL MONITORING RL-QVIRFI; IFN"CS I` L` - �d this permit. III:-, repository shall he open to the public, at a minimum, during, itormal daytime business lwni,, I hk: Icpo�itory may be at the business uflirc repository of the permittee or at an off-premises location of its choicc (such location '�linll be the village, [nwn, city or count clerk's office, the local library or other location as approved by the Departmcnt). In accordance Willi the RECORDING, REPORTING AND ADDI,T16NAL MONI'T'ORING REQUIREMENTS page of your permit, each DMR shall be maintained on record for a period of five years. C) The permittee shall periodically inspect the outfall identification signs in order to ensure that they are maintained, are still visible and contain information that is current and factually correct. SPDES PERMIT NUMBER NY 0244261 Page 8 of 8 RECORDING, REPORTING AND ADDITIONAL MONITORING REQUIREMENTS a) The permittee shall also refer to 6 NYCRR Part 750-1.2(a) and 750-2 for additional information concerning monitoring and reporting requirements and conditions. b) The monitoring information required by this permit shall be summarized, signed and retained for a period of five years from the date of the sampling for subsequent inspection by the Department or its designated agent, Also, monitoring information required by this permit shall be summarized and reported by submitting; r�k,+.e 0(if box is checked)completed and signed Discharge Monitoring Report (DNIR) forms for each I month reporting period to the locations specified below.Blank forms are available at the Department's Albany office listed below.The first reporting period begins on the effective date of this permit and the reports will be due zt..o;l later than the 28th day of the month following the end of each reporting period. Al" � (if box is checked)an annual report to the Regional Water Engineer at the address specifies ,The annual report is due by February I and must summarize information for January to December of the previous year >fQrmat acceptable to the Department. LJ(if box is checked)a monthly"Wastewater Facility Operation Report..." (form 92-15-7)to the: Regional Water Engineer and/or County Health Department or Environmental Control Age pecified below Send the DMRs with original signatures to: Send a 11M of each DMR page to: Department of Environmental Conservation Department of Environmental Conservation Division of Water Regional Water Engineer Bureau of Water Compliance Programs 6150 Erie Boulevard West 625 Broadway Syracuse,New York 13204-2400 Albany,New York 12233-3506 Phone: (315)426-7500 -* Phone: (518)402 8177,;° Send an additional`c_oRy of each DMR page to: Tompkins County Health Department Div.of Environmental Health 401 Harris 3. Dates Drive Ithaca,Ncw York 14850 c) Noncompliance with the provisions of this permit shall be reported to the Department as prescribed in 6 NYCRR Part 750-1.2(a) and 750-2. d) Monitoring must be conductedaccording to test procedures approved under 40 CFR Part 136,unless other test procedures have been specified in this permit. e) If the permittee monitors any pollutant more frequently than required by the permit, using test procedures approved under 40 CFR Part 136 or as specified in this permit, the results of this monitoring shall be included in the calculations and recording of the data on the Discharge Monitoring Reports. f) Calculation for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified in this permit. g) Unless otherwise spccificd, all information recorded on the Discharge Monitoring Report shall be based upon measurements and sampling carried out during tkic most recently completed reporting period. h) Any laboratory test or sample analysis required by this permit for which the State Commissioner of Health issues certificates of approval pursuant to section five hundred two of the Public Health Law shall be conducted by a laboratory which has been issued a certificate of approval.Inquiries regarding laboratory certification should be sent to the Environmental Laboratory Accreditation Program,New York State Health Department Center for Laboratories and Research,Division of Environmental Sciences,The Nelson A. Rockefeller Empire State Plaza,Albany,New York 12201. Therm Incorporated December 20,2010 Therm Incorporated SPDES No:NY0244261 PAGE 1 OF 15 r^ Industrial Fact Sheet Summary of Proposed Permit Changes: The following changes were made to the draft permit as compared to the currently issued permit: Outfall 001: Since the discharge from Outfall 001 (outlet for flows in excess of the capacity of the oil/water separator)is also monitored at Outfall 01A,monitoring f9fl, Tpgrachloroethylene and Trichloroethylene have both been removed for this outfall since they two parameters will be monitored at 0IA. In addition,neither one of these parameters li#Me b..eren detected at Outfall 001 during the last three.year period that was evaluated. qa Outfall OIA:Monitoring and limits, for the following p a", rs,have bee_..'e oved from the permit since they have not been detected in the effluen`from Outfall 01A der a last three year period(and beyond): �K < Benzene,Toluene,Xylenes,Ethylbenzene, Chloro^ _ romodichlorometane, s Naphthalene,n Butylbenzene, sec-ButIva,ylbenzene,Te - f�tylbenzene, Isopropylbenzene,p-Isopropyltolueropylbenzene„ 2�4-Trimethylbenzene, 1,3,5-Trimethylbenzene, 1,1-Dichlorae�the;1;2�(cis)-Dichlbr ”ethylene, 1,2-(trans)- ,. Dichloroethylene,Trichloroethylene, 1'4-I-Tnc�ffor-o thane Arid Zinc. Outfall 01A: The monitoing�ir�ubncy for the remaining parameters for Outfall 01A in the current permit have,bb"Cp` educed;4'.om Monthly e4kQuarterly. These parameters are either consistently below current itpihave rarelbeen detected. The Tetrachloroethylene limit has bee e i ,tt smce %a, s,gr st dl August 2010 (0.0021 mg/l was reported on the Augusi Mo g Report which exceeds the permit limit of 0.002 mg/1). Outfa1101A ,A quarterly t6i -suspended solids limit of 50 mg/l was added to the permit based on best professional judgement'--due to the nature of the discharge (stormwater runoff). Outfall 001: The Water Quality based effluent limit for Total Iron was increased from 0.6 mg/l to 2.0 mg/l.This change is,the result of a new water quality standard which has become effective since the last permit was issued. The new Water Quality Standard is now in Table 1 in Appendix B. Best Management Practices plan: As per TOGS 1.2.1 a Best Management Practices(BMP)plan to prevent releases of significant amounts of pollutants to the waters of the State through plant site runoff; spillage and leaks; sludge or waste disposal; and stormwater discharges including, but not limited to, drainage from raw material storage was added to the permit. The initial completed BMP plan shall be submitted,by EDPM+6 months, to the Regional Water Engineer. Industria!Fact Sheet Therm Incorporated December 20,2010 Therm Incorporated SPDES No:NY0244261 PAGE 2 OF 15 Monitoring Locations page: Updated the Monitoring Locations page of the permit. Discharge Notifications Act: Added the standard Discharge Notifications Act page to the permit, which requires the permittee to maintain existing identification signs at all outfalls. It also requires the permittee to provide, for public review at a repository accessible to.the public, copies of the Discharge Monitoring Reports(DMRs) as required by the permit. Last Page of Permit: Updated the Recording, Reporting and Additial Monitoring Requirements page of the permit. "M Treatment Plant Description Therm Incorporated focuses on various machining a esses. These include R ,milling, and turning high strength metal parts made of a v� of alloy along with on s ding,and vacuum heat treating. The facility specializes in the pr , do oil company s for the aerospace and industrial turbine industry. Finished pro .A stored inside and main building until shipment by truck from the loading ock. No process water is discharged through surface water outfalls. Outfalls discharge -npndwater and sto iter runoff only. Background Information d .y , The current SPDES permit�t D S Number N .U�44261, fo10%erm Incorporated became effective on October 1, 4, � fts been administratively renewed in 1998, 2002, 2006 and 2010. The Department of Enviroon.r initiated a modification to the facility's SPDES perpitl1 t to 6 N RR P 15 1:18 &750-1.19, the priority ranking system, known a$;Lew Yor�cF �s Envieental Benefit Permit Strategy(EBPS). The facility ias an EBPS s of 97 nda xanking of 86 of 825. In response to the Department's curren�� or FI), the Therm Incorporated (Permittee)provided aA r120 Q 0 Requeati SPDES NY-2C.permit apphc`a{ion aril sampling data for the Therm Incorporated(facility) in September 260 Sampling requested included Conventionals, Priority Pollutant Metals, Volatiles, Acid Compounds and Base Neutral for Outfalls 001, 0 1 A and 002. A review of the facility's Discharge Monitoring Reports from September 2007 to September 2010 shows that the following exceedances were reported: DMR Period Outfall Parameter Permit Limit Value Reported August 2010 01A Tetrachloroethylene 0.002 mg/l 0.0021 mg/l Discharge Composition Table 1 in Appendix B presents the existing effluent quality of the facility. The average and maximum concentration and mass reported are based on 3 years(September 2007 to September ' Industria!Fact Sheet Therm Incorporated December 20,2010 Therm Incorporated SPDES No:NY0244261 PAGE 3 OF 15 �..� 2010) of Discharge Monitoring Report(DMR) data submitted by the permittee. Additional pollutants detected in the effluent were reported in the SPDES NY-2C permit application. Outfall and Receiving Water Information The facility discharges stormwater and groundwater though Outfalls 001, 01A, 002 and 003 into a drainage ditch tributary to Six Mile Creek. The drainage ditch and Six Mile Creek are classified as Class C by the Department with the following beneficial uses: Class C - The best usage of Class C waters is fishing. These`Jwaters shall be suitable for fish, shellfish, and wildlife propagation and sur %dal. The water quality shall be suitable for primary and secondary contact reci' at ton although other factors may limit the use for these purposes. . The facility maintains the following outfalls: Design Flow Outfall � . Water greater Index Rate Latitude Longitude Rdea 'n tater. No. (MGD) _ Class Number 001 0.58** 42-,25 , 15" 76°, 15" Drainage To Six MilC ONT66-12-P296-75 ° iF } I�r�inage Ditch _ C ONT 66-12-P296-75 01 A 0.32** 42-,25', 15" 76 ,29 1 S rs % i Mile Creel ** o� < « y faln�a e N r tfrib. C ONT66-12-P296-75 r� 002 0.83 42 25 �5 76',29', 1 t To Six 1V�i�1 &eek 003 0.30** 42°,25`, ltr' 76° 29` 15"' is Drainage Ditch Trib. ° To Six Mile Creek C ONT66-12-P296-75 **based on two year, 15 mmufe''S .See individual outfall tables';or actual average and maximum flows for each. Critical flow an eceivtng vial er data i Wfofllp-, Outfall r eceiving Water-:m,- ' 7Q 3.0QIO Dilution/ pH Temp Hardness Salinity No. MGD GD Mixing S °C (mg/1) Drainage Ditch Trib.To ' 001 NA NA 1:1* NA NA —125 SilM," ile Creek DrainageaDii:ch Trib.To 01A NA NA H* NA NA —125 Six Mile Creek Drainage Ditch Trib.To 002 Six Mile Creek NA NA 1:1* NA NA —125 _ Drainage Ditch Trib.To 003 Six Mile Creek NA NA 1:1* NA NA —125 _ • 1:1 dilution assumed for stormwater discharge. Critical Flows The 7Q10 flow was obtained from USGS data. The 30Q10 flow was estimated by (applying a multiplier to the 7Q 10 flow. Industrial Fact Sheet Therm Incorporated December 20,2010. Therm Incorporated SPDES No:NY0244261 PAGE 4 OF 15 Dilution/Mixing Zone Analysis Mixing zone analyses are conducted in accordance with the following-documents: 1. EPA T.S.D, entitled"Water Quality Based Toxics Control,"dated March, 1991. 2. EPA Region VIII"Mixing Zones and Dilution Policy", dated December, 1994. 3. TOGS 1.3.1, entitled "Total Maximum Daily Loads and Water Quality Based Effluent Limits." i Critical Receiving Water Data Temperature,pH hardness and salinity values were o t &A ed dm the Rotating Intensive Basin Studies (RIBS)Water.Quality Assessment Progr Effluent Limitations N . The NYSDEC followed the Clean Water Act,sta deral lations, and th vision of Waters Technical and Operational Guidance Series do rreveloping th effluent limits. In general, the Clean Water Act requires that the effluent for a particular pollutant are the more stringent of either the technology- d or water quali sed limits. A technology-based effluent limit requires a minimum level o nt for indus 'nt,ources based on currently available treatment technologies. ity-based F int limit(WQBEL) is designed to ensure that the water quality star ards o rr ving waxers are being met. The table detailing the effluent limits is included in the ftzrmi ." liiformation on the derivation of technology-and water quali'okl e,�d effluent li h is preser� i in Appendix B. Fy� �+,rag Monitoring Require 'et I Y U Section 308 of the Clean Waterc a ations 40 CFR 122.44(1)require that monitoring betaticludedjn perirl l� o deterni mphance with effluent limitations. Additional effluents , '6nitoring mayzillss be re i ed to gather data to determine if effluent limitations may be reg#. The permitt��° xespori' ,Br conducting the monitoring and for reporting results on Fisch t, Mon*itoring Rd .its (D1 IR's)to NYSDEC. The draft permit contains the monitoring requirements for the facility. Monitoring frequency is based on the minimum sampling necessary to adequately monitor the facility's performance. For industrial facilities, sampling frequency is based on guidance provided in TOGS 1.2.1. Other.Permit Conditions Best Management Practices The permittee is required to implement.a Best Management Practices (BMP)plan that prevents, or minimizes the potential for, the release of significant amounts of toxic or hazardous pollutants to state waters..The BMP plan requires annual review by the permittee. Industria!Fact Sheet Therm Incorporated' December 20,2010 Therm Incorporated SPDES No:NY0244261 PAGE 5 OF I5 Additional Permit Provisions The draft permit contains standard regulatory language that is/are required to be in all SPDES permits.These permit provisions are based largely upon 40 CFR 122,subpart C and include requirements pertaining to monitoring,recording,reporting,and compliance responsibilities. Other Legal Requirements Discharge Notification Act In accordance with Discharge Notification Act(ECL 1.7._ U8 ' =a) the permittee is required to post a sign at each point of wastewater disc`argeto s : ace waters. The permittee is also required to provide a public rep `'_ for DMRs4 .equired by the SPDES permit. }r L Antidegradation Policy New.York State implements the antidegradation #il of the CWA based upon two documents: =� '".�` 1. Organization and Delegattnn ''lo an #85 entitled "Water Quality Antidegradation Policy," signed be Commissioner of NYSDEC, dated September 9 1985. ° s _ 4 2. TOGS 13 9, entitled "Implementation of the NYSDEC Antidegration Policy — Gregt,'s` es Basin ' Supplement tq Antidegradation Policy dated September 9, 1985)." t e' A S�� SAermtt cannot be issued ta"tT'would result in the water quality criteria being v plated. The .permit fbr,the facility contains effluent limits which ensure that the e Casting beneficial uses of a C111s.5 C water will be maintained. Industrial Fact Sheet -Therm Incorporated December 20,2010 Therm Incorporated SPDES No:NY0244261 PAGE 6 OF 15 Appendix A f'"~1 Basis for Effluent Limitations Statutory and Regulatory Basis for Limits Sections 101, 301(b), 304, 308,401, 402, and 405 of the Clean Water Act(CWA)provide the basis for the effluent limitations and other conditions in the draft permit. The NYSDEC evaluates discharges with respect to these sections of the CWA and the relevant,,,]Q JS regulations to determine which conditions to include in the.draft permit. . In general,the permit writer does a statistical analysis of the nitoto provided in 01 . permittee-submitted discharge monitoring reports(DMRs o tant sc� o g data as required in the Request for Information is also reviewed to dete - e presence itional contaminants that should be considered for inclusion the permit. The perm 'ter determines the technology-based limits,that must be incorpor to the�ymit in accord £h federal and state rules,regulations, and technical guidance. T z'►ep et then evaluate a water quality expected to result from these controls to determi exceedances of water quality standards in the receiving water would r st suit. If there is a r`cable potential for exceedances to occur,water quality-based limits mube 'fluded in the perri �� e draft permit limits reflect whichever requirements,technology or w 'ky,are more s + e t: The proposed limits are located on Effluent Limits Page[s] of the dr p s Appen escribes the technology- based and water quality-based evaluation for e facj ,' r t;gym Technology-Based Evaluadi tt16 Section 301(b) and, 0' ;ti. e CVS',` equire technased controls on effluents. This section of the Clean Water Act reds .. 1 arch 31, '89,all permits contain effluent limitations which: (1)co x'c poll �an #io tional pollutants through the use of"best available 5� $., :,omicaj chievable' (BAT), and(2)represent"best conventional polluontrol techn "(BCT conventional pollutants. In no case may BCT or BAT be lessts' t than"best p a' cal coma echnology currently available"(BPT), which is the , .. �:.. mimmumledvel of control requi red by,Section 301(b)(1)(A) of the Clean Water Act.After March 31, 1989, alFpeimits for new-sources are required to contain effluent limitations for all categories of point sources which control toxic pollutants through the use of best available demonstrated technology(BADT).,BADT is specifically applied through New Source Performance Standards (NSPS). Water Quality-Based Evaluation In addition to the technology-based limits previously discussed, the NYSDEC evaluated the discharge to determine compliance with Section 301(b)(1)(C) of the Clean Water Act. This section requires the establishment of limitations in permits necessary to meet water quality standards by July 1, 1977.. Industrial Fact Sheet Therm Incorporated December 20,2010 Therm Incorporated SPDBS No:NY0244261 PAGE 7 OF 15 The regulations in 40 CFR 122.44(d)(1) implement Section 301(b)(1)(C)of the Clean Water Act. These regulations require that SPDES permits include limits for all pollutants or parameters which"are or may be discharged at a level which will cause, or contribute to an excursion above any State water quality standard, including State narrative criteria for water quality."The limits must be stringent enough to ensure that water quality standards are met and must be consistent with any available wasteload allocation (WLA). Water Quality Criteria Water quality regulations detailed in 6 NYCRR Parts 700-706 and ambientwater quality standards and guidance values specified in TOGS 1.1.1 were appU the facility's discharge. Specific application of the regulations and standards is detailed a"n Tabl. 1 of Appendix B. Reasonable Potential Evaluation t �' Reasonable potential analysis is the process for det �"fining whether a dischar " seA, has the reasonable potential to cause, or'contributes to an ` =anon abo ,New York S quality criteria for toxic pollutants. When conducting a reason o 1 �l analysis fore ch pollutant of concern, factors such as receiving water classification n corresponding water quality criteria and guidance values, pollutant concentratipp in the effluent, Iff tion available in the receiving water,background concentrations and ad `h upstream and ' stream dischargers L containing the pollutant of concern are use I o 'fj►the receiv `Later quality. If the expected concentration of the pollutant of q in e�eiving ater exceeds the ambient A� water quality criteria or guidance value then t e.�e §reasontential that the discharge may cause or contribute to a vQPattothe water qu�l`ty standar,.; and a water quality-based effluent limit or load allocation,for the pal` °tint is requir b.. Calculations performed specifically for the effluent of this facibtP n be fours t the end of "pendix. iTv Procedure for Deriving 'i£r>Base�d Effluent Limits (WQBELs) The TMDL-process ts'a water quail based approach to implementing water quality standards. It is 4p1red to an entire washed ofldainage basin whenever possible,but may also be applied to waterbody segments wrtti iridividual`or multiple pollutant sources. The TMDL analysis is carried out separately for each;pollutant. It allows for the consideration of all sources of the pollutant including point sources, non-point sources, atmospheric deposition and natural background. Dependant on the complexity of the issue and the amount of data available, the analysis can be relatively simple such as a desk-top, mass-balance calculation or it can be exacting and detailed by using complex, multidimensional water quality models. The TMDL process serves a dual function in the permit development process. It provides the basis for the reasonable potential analysis. If the reasonable potential analysis indicates that the pollutant of concern has the potential to cause or contribute to an excursion of water quality standards, the TMDL process is then used to determine the WQBELs for all sources of the pollutant to assure compliance with the standards. Ind"sirial Fact Sheei Therm Incorporated December 20,2010 Therm Incorporated SPDES No:NY0244261 PAGE 8 OF 15 Appendix B j'd"*) Individual Outfall Data.Summaries and Permit Limit Development Existing Effluent Quality and Technology Based Effluent Limits (TBEL) Technology Based Effluent Limit(TBEL) is set based upon an evaluation of Best Available Technology Economically Achievable (BAT),Best Conventional Pollutant Control Technology (BCT),Best Practicable Technology Currently Available(BPT),and, B'es1?rProfessional Judgment (BPJ). BPJ limits may be set using any reasonable method that s` to consideration the criteria set forth in 40 CFR 125.3. For the Existing Effluent Quality, the statistical methods 1'zare in`ao'Sce with TOGS 1.2.1 and the USEPA, Office of Water,Technical Sup. ument For Quality-based Toxics Control, March 1991,Appendix E. Statistic alculati s were nod for parameters with insufficient data. Generally,ten a data p'�' is are needed t '�ulate percentiles (See TOGS 1.2.1 Appendix D).Two or m tos,are necessa o calculate an average and a maximum.Non-detects were excluded in t istical calculations. Monitoring data collected during the foil 'me period of V gmber 2007 to September 2010 was used to calculate statistics and th's ere taken fro `' PDES Information System(SIS) from data provided on montha Water Quality Based Ejmits (WQB' Ambient Water Quay C keria( g QC)and gui= ce values specified in"Water Quality Regulations"New York �t 'te Co N Rules and Re ``tions Title 6, Chapter X,Parts 700-705 and TOGS 1.1.1 were appli � � ,-01�` a aI tants identified in the facilities discharge. Water QuA42` ed fluent= is(�` were calculated by applying the TMDL process poll SVt t t Industrial Fact Sheet N_ 2 f 2 t A C? 0 o z z z z C U ay z z z z ,o d Iq � W o °p r r s ♦ p a b y •� O o z z z z caa z z z z ti . , C cc O F.1 N V1 to V1 t� 10 10 %0 40. 3 AAJ 10 10 N > � � V✓a ? 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P c ,,, Pi v v v v v 3 v v v v v v w � O O O O O O O O O O O O O a0 V -61 O C O O O C C pO pO O pO pO pO V Q N N Ee El a Y ' qqq d W V O O a 3 3 o a ado � �� •�s.l � n CY U ° z o z a , } o w a , d � e C T ! va O O V1 U N 00 N O O O � > O co Q � O b co v" ir N � � ' Y a � t3 Y Q a z d W E d � W 0 0 7 a 3 3 A S o M U o U o 0 0 2 e o tn d a m m m m a m m A F e ` imp A .o i ON y � 3 .7 Q Ale"i S ' 1 In 0 49 to y a ! d_ °�° � '� � C v � S w p e o 0 0- O vl V V V, •x rn rq w �e a m a .V � a •� 8 0 $ o 0 w a 0 0 � 0 O O a c t i sba e 1 Go v e ti o y 1 r.. a .• E F- N .. �. . . § / / . a �4 «z w o � w§r / In o kn \ § § % \k . . ■ 2\\ . 2 t 2 0 0 . �y § ) 0 2 C3 a % K l . . : .v ) \ \ � / z i e , �Oft$, 0e \ ) ) \ - J ti / FOREST HOME IMPROVEMENT ASSOCIATION ITHACA, NEW YORK January 19, 2011 Herb Engman, Supervisor Town of Ithaca 215 N. Tioga Street Ithaca, NY 14850 Dear Herb, On behalf of the Forest Home community, the officers of the Forest Home Improvement Association would like to thank the Town of Ithaca for its leadership role in the planning, construction and funding of six gateway entry features and four mid-block speed tables in our historic hamlet. We'd especially like to recognize the contributions of former Town staff members Jonathan Kanter and Dan Walker, former Town Board Member Peter Stein, and current Town Board Member Rich DePaolo. The new features, installed under Town supervision in late 2010,are intended to enhance the quality of life of Forest Home residents and protect the many bicyclists,walkers and joggers who pass through.As you know, they represent the first phase of an ambitious plan to improve walkways and bikeways and calm motor vehicle traffic in Forest Home. The FHIA will send out a survey this spring asking residents for their comments on the new features. We also hope to work with the Town to evaluate their effect on vehicle speeds and volume. With best wishes for a safe and peaceful 2011, 4� Jonathan Miller, President Forest Home Improvement Association 4 The Byway Ithaca, NY 14850 cc: Rich DePaolo Peter Stein Jonathan Kanter Dan Walker www.fhia.org I foresthomenews@gmai[.com American Farmland Trust SAVING THE LAND THAT ,SUSTAINS US January 19, 2011 Herb Engman Town Supervisor Town of Ithaca 120 Warren Road Ithaca, NY 14850 Dear Town Supervisor Engman, am writing to ask for your help in reaching out to state leaders in support of New York's Farmland Protection Program —a program that has helped communities across New York take action to support local farmers and protect valuable farmland. Since 1992, the program has helped 50 counties and 64 towns develop agricultural and farmland protection plans and permanently protect more than 300 farms encompassing 73,000 acres. The business of growing, processing, buying and selling of food has been the foundation of New York's economy for generations. New York's farms generated $4.7 billion in economic activity in 2009 and serve as the cornerstone of the state's $31 billion farm and food industry. Farms and farm-related businesses directly employ well over 100,000 individuals in New York and each of these on-farm jobs supports approximately 3.5 jobs off the farm. Over the past two years, funding for New York's Farmland Protection Program has been cut by 83% from $30 ,,..,,million to $5.2 million. Such drastic budget cutbacks have crippled the program, which stopped protecting ,tew farms in 2008. 63 farm families who have been awarded $70 million in state funding to protect their farms remain unpaid. And, more than $500 million in applications to the program have been turned away due to inadequate funding. We recognize the deep challenges presented by the state's economy and fiscal problems but also know that New York cannot afford to continue to lose farms. We urge you to take action and pass the attached resolution. By demonstrating your town or county's support of the Farmland Protection Program, you will encourage state leaders to stand up for New York's farms,jobs, and families. 1 also invite you to oart.icinate in the No Farms. No Food Rallv and Lobbv Dav that American Farmland Trust is helping to organize on March 30th, 2011 in Albany. Last year, over 140 attendees met with almost 100 state legislators to advocate for programs aimed protecting farmland for future generations, strengthening the farm and food economy, increasing the availability of nutritious food grown in Ncw York and helping farmers protect water and the environment. For more information, go to www.fai-iiiiatid.org/newyork. Thank you in advance for taking action to support New York's farms. Please don't hesitate to contact me for further information at (5 18) 581-0078 or dhaight&.farmland.org. Sincerely, ' PavidHaight r; New York State Director Nl{1V�OR,h 5"1:1"I'I:OFI'[CP: 1 P Spi ink;Street • Suite 07 • Saratnl;a Springs.NY 12860 Tel:(.518).581-0078 • Fax:(5N)581--0079 cc.furnyland.nr�;/nen�ork New York State Department of Environmental Conservation Am Division of Water, Region 7 615 Erie Boulevard West, Syracuse,New York 13204-2400 Inhow Phone: (315)426-7500 • Fax: (315)426-7459 '"*=`'"'Vebsite: www.aec.ny.gov -.- RECEIVE ng oMartens mmissioner January 21, 2011 JAN 26 2011 7D aw°CLE" C,� Supervisor Herb Engmann Town of Ithaca 215 North Tioga Street Ithaca,New York 14850 Re: MS4 Inspection,Town of Ithaca SPDES General Permit ID#NYR20A134 Dear Mr. Engmann, Each year,the NYS Department of Environmental Conservation conducts inspections of MS4s regulated by the NYS SPDES General Permit GP-0-10-002 for Stormwater Discharges from Municipal Separate Storm Sewer Systems (MS4s). The Town of Ithaca has been selected for an inspection, to be conducted by DEC Region 7 Division of Water staff in February 2011. We will contact shortly you to arrange an audit of your.Stormwater Management Program and inspection of your highway department facilities. The inspection/audit, will follow the format of the enclosed audit inspection checklist. Please review the checklist with the personnel and/or departments involved in implementing your Stormwater Management Program(SWMP)prior to the '0'*''lspection, and have the following records and documentation available at the audit meeting: • Final 2010 MS4 Annual Report and MCC Form • Local Stormwater and Erosion and Sediment Control Law and attorney certification that the regulatory mechanism is equivalent to the State's model law • Local law or ordinance prohibiting Illicit Discharges, Activities and Connections to Separate Storm Sewer Systems and attorney certification that the regulatory mechanism is equivalent to the State's model law • Stormwater Management Program(SWMP) Plan(not the same document as the original Notice of Intent) • Any written agreements with other MS4s or organizations assisting with SWMP implementation • Public Meeting announcements and minutes (as related to Annual Report presentation and comments) • Documentation of public education and outreach program activities + Identification of public education target audiences, Pollutants of Concern, geographic areas of concern and education efforts targeted to geographic areas and POCs • List and status of Public Education and Outreach measurable goals • List of public and private entities directly notified of public meetings and SWMP • Documentation of Public Participation and Involvement activities • List and status of Public Participation and Involvement measurable goals • Map of stormwater outfalls within the regulated MS4 • Outfall Reconnaissance Inventory Program, status and progress reporting • Illicit Discharge Detection and Elimination(IDDE) reports of any discharges found in this reporting year • Documentation of Illicit Discharge Detection and Elimination public education efforts • List and status of IDDE Program measurable goals • Documentation of Construction Site Stormwater Runoff Control Program, including components, education and '+`' training activities, Stormwater Pollution Prevention Plan(SWPPP)reviews, inspections and enforcement actions • List and status of Construction Site Runoff Control and Post-Construction Stormwater Management Program measurable goals • Documentation of Post-Construction Stormwater Management Program, including SWPPP Review; stormwater facility inventory, inspections and maintenance; enforcement procedures; and measurable goals • Documentation of Pollution Prevention and Good Housekeeping Program for municipal operations, including r^"� employee training,policies,procedures, and self-assessment reports • List and status of Pollution Prevention and Good Housekeeping priorities and measurable goals Personnel involved in overseeing the Town's SWMP should attend the audit. The meeting and inspection should take between two to four hours,depending on the size of the municipality's operations and extent of SWMP implementation. If you have any questions regarding the upcoming inspection procedures or documentation requirements,please call me at (315)426-7504 or email me at exhahn(iDjgw.dec.state.ny.us. Sincerely, , Ellen Hahn, CPESC, CPSWQ, CMS4S Stormwater Control Specialist cc: Dan Walker,Town of Ithaca Kristin Taylor, Town of Ithaca Creig Hebdon,Town of Ithaca Jim Weber,Town of Ithaca Scott Cook,NYSDEC --� �--R-ECEIVED FEB 11 2011 TOWN OF 1THACA TCWN CLERK -GLa+ ;-rw ��. � )ot2G""`� 77 ✓"� 1,>71 el 4reo5 4-m o" �G277 Gr s . 4) G"j l'?t't 1 tttirle t-Luh- GLiic -��e. ��--�.�.� ��-i.�.�:�" u��►.:�a-{zit , y���zG�'�_7� �_ 17 d jvlwt� �"{+�/c� c�'7� �C'���'Gj �. �'Lf � r7'[ G�''',ri['L�•'[-t�) ��"l.�y�:C�.Jfil�j. �� �/f 11.x. �� ��-�� ''`� �p�C�"'►2� r:t.. F? �i �m��}~{ •� C,�ti!�f!�t- . � 2�• z� ��v�� t . �. ��� -� �t �� �, Paulette Terwilliger From: Webmaster@ town.ithaca.ny.us Sent: Wednesday, February 23,2011 9:38 AM ?0-'O: Paulette Terwilliger Subject: Data posted to form 1 of http://www.town.ithaca.ny.us/Feedback.htm ******************************************************************************* department: Town Board MessageType: Complaint Subject: (Other) SubjectOther: West Hill Development Username: Anna Smith userstreet: 242 DuBois Road usertown: Ithaca UserEmail: asmith@tompkins-co.org UserTel: 607 277-5857 UserFAX: none B1: Submit Comments: Ithaca Town Board Members: I appreciate your commitment and the great amount of time you devote to town governance. Please sustain your thoughtful deliberations regarding West Hill development instead of rushing into projects. A moratorium on West Hill development is needed while the new comprehensive plan is completed. Time is needed to research infrastructure expenses related to new development, to work on reducing traffic problems, and to consider how best to develop West Hill while maintaining green space and the quality of West Hill neighborhoods. �11e deserve a moratorium to be sure that all options are thoroughly evaluated. We need a solid plan, not piecemeal sprawl. Thank you. 1 -fin 111 y _ il'71y r_ NIS �dO�4l OP 170 Bostwick Road, Ithaca, NY 14850 ANG<�y�G,q 607-274-0300 FAX 607-272-8489 February 23, 2011 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 West Haven 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 note that this is the Town's second request regarding reducing the speed on 100% this section of West Haven Road. Please do not hesitate to contact me if I can assist further in your determination. Sincerely, illiam Sc zossnv Highway 111 aiiager Enclosures cc w/o enclosures: Paulette Terwilliger, Ithaca Town Clerk —NHerb Engman, Ithaca Town Supervisor Jim Weber, Highway Superintendent, Town of Ithaca Public Works WS/gll �wr� Recycled paper 129 West Haven Road. February 25, 2011 Ithaca, NY 14850 Ms. Diana L. Graser, P.E. RECEIVED Regional Traffic Engineer MAR Q 12011 NYS DOT 333 East Washington Street TOWN C ER CA Syracuse, NY 13202 Dear Ms. Graser, The purpose of this letter is to show good cause for the New York State Department of Transportation (NYS DOT)to reduce the speed limit on West Haven Road as presented and declared in a petition that was resolved by the Ithaca Town Board of Tompkins County, New York State,on Monday February 7`�', 2011. This petition packet has been or soon will be received by the addressee and those identified as receiving copies of this letter. This petition is the second submission put forth by the residents of West Haven Road. The first petition for the reduction of the speed limit was submitted by West Haven Road residents in September of 2009. It was resolved by the Ithaca Town Board and sent to the New York State Department of Transportation where much to our chagrin it was denied on April 15, 2010 by a letter stating thus from you, Ms. Diana L. Graser, P.E., Regional Traffic Engineer of the NYS DOT Syracuse Office Region no. 3. I will begin by listing below a summary that clearly depicts how the second petition differs from the first petition_ The second petition: • Contains twice as many signatures(some from Eco Village residents who utilize West Haven Road for walking,running, biking and strolling with children). • Includes eight fetters from West Haven Road residents and one letter from Will Burbank, member of the Tompkins County Legislature and an avid West Haven Road walker. • Accident data provided by Central Dispatch upon writer's request. Unfortunately the provider states pulling further data by specific addresses is a tedious effort even though this method would have provided more accurate data; provider stated such in an email and this is attached in the submission packet(refer to enclosure). • West Haven Road was designated as a detour for approximately three months in 2010 while Rt. 79 was under construction. This served to introduce or re-mind motorists to use West Haven Road as a "short-cut/speed way"to the intersection of Elm St.,then crossing Coy Glen Road and down to Rt. 13A. ***Coy Glen Road speed limit is thirty miles an hour. • The placement of electronic speed monitoring signs(twice in 2010)were witnessed multiple times by residents to be ineffective in slowing down cars. • There are still no sidewalks,the speed limit signs are poorly placed,one is obscured during foliage season and there is no signage warning of pedestrians and bikers. • Due to severe budget constraints The Sheriff's Department and the NYS Police Department continue to lack manpower to patrol the road in a manner to effectively reduce the occurrences of speeding. The residents of West Haven Road and our neighbors at Eco Village are anxious,frustrated and perplexed. This is the second time we have submitted a reasonable and logical request. The battle to resolve the speed limit reduction has been on-going for approximately three years. Recently,a politician stated NYS DOT bases speed limit decisions on geometric equations. This is evident after reviewing the packet of information we obtained from the first submission via a FOIL However,after reviewing the packet I was confused because it appeared that there may have been some values omitted that should have been factored into the equation which produced the Highway Geometric Factor(refer to attachment). Regardless,we,the residents/citizens/taxpayers who signed the petition implore you to take into account the bullet pointed factors when conducting your next analysis. Please understand speeding and the heavy increase of traffic on West Haven Road has and is considered by the petitioners as being a very serious safety issue. The fact that the NYS DOT has authority to set or change speed limits in NYS has many people questioning what the logic is in determining that they have authority in making such decisions. For instance,it has recently been discussed by various local civic/community associations as to how a"regional office"in Syracuse can be in a more advantageous position then local municipalities in weighing variables such as the culture,growth and development of neighborhoods in cities or towns many miles away? Moreover,in this instance,is the regional office aware that there are three housing developments being proposed near West Haven Road and that two of them are likely to break ground within a year and the third probably within two years? Additionally, the total units of these three developments combined will be approximately five hundred and two of the developments will be within one mile of West Haven Road. Ms.Graser,please be aware that if our second request for speed limit reduction is denied,we are fully prepared to begin a third submission to grant the same request. If this does become necessary,we will gather more signatures from neighboring roads and both the Ithaca West Hill Community and the West Hill Civic Association. We will amass unified support from all other various Ithaca town and city community and civic groups. Further,we will contact the press and keep them updated throughout the next submission process. Finally,we will notify the appropriate town officials, representatives of the assembly,congress and senate,and they also will be kept apprised of the status of the next submission. In closing,we urge you to reduce the speed limit on West Haven Road from forty miles an hour to thirty miles an hour. We hope this process will be expedited due to this subject having been recently reviewed. We sincerely appreciate your time and thank you for your attention to this critical issue. Respectfully, ,Y11 MA Ms.Cynthia Massicci,Petitioner Ms. Patricia Dutt,Petitioner /006N Enclosures cc: Jim Lawler,Traffic Safety& Mobility Group James Weber, Highway Superintendent/Director of Public Works,Town of Ithaca Sgt.Joseph Hommel, New York State Police,Traffic Section,Troop C Sheriff Kenneth Lansing,Tompkins County Sheriffs Department Barbara Lifton,Assemblywoman,Assembly District 125 Herb Engman,Town Supervisor,Town of Ithaca West Haven Road Petitioners,Town of Ithaca . 1 assicci t tiyntnia Massicci _gate: Wed,08 Sep 2010 09:56:17-0400 �1,m: "Jack Crance"<jcrance@tompkins-co.org> Subject: request for data re:accidents(car/bike/pedestrian/car-deer)Westhaven Road To: <cmassicci@ithaca.edu> Hi Cynthia I have the following information for you. For the intersection of West Haven and Mecklenburg from 1/1/9 to date, 32 MVA'a4 For the intersection of West Haven and Elm St Ext, from 1/1/98 tom , I show 4 MV 's v� In The only way I can check for the rest of West Haven Rd is by specific address, not road range. Jack Jack Crance Systems Manager Tompkins County Emergency Response Phone: 607-257-3888 Fax: 607-266-8035 >>> <cmassicci@ithaca.edu> 9/8/2010 9:16 AM >>> Hello, The purpose of this letter is to request data regarding accidents that have occurred on Westhave: RqOm*� or the intersections of Westhaven Road/Elm Street, and Westhaven Road/Route 79; all in the tc, of Ithaca. This data will then be used as source material to be included and referred to within a formal submission (re-submission) of a petition asking to reduce the speed limit on Westhaven Road. This letter and petition will as before, be submitted first to the Ithaca Town Board in the nea: future. I am interested in any data you can provide and it does not matter how old the data is. Any assistance or direction you can provide regarding this request will be greatly appreciated. If you have any questions please call me at 607-592-5361 or email me at this address or at cmassicc@twcny.rr.com. Sincerely, Cynthia Massicci 129 Westhaven Road Ithaca, NY 14850 607-592-5361 =assicc@twcny.rr.com ittps://webmail.ithaea.edu/wm/mail/login.html?md=62.07989&eui=y 9/8/201( romw,� TE 24a-5(10192) B.HIGHWAY GEOMETRIC FACTOR Pavement: FACTOR Predominant 2&3 Roadways of More Than 3 Lanes Travel-Lane Lane Undivided or Unpaved or Raised Mall Unpaved or Raised Width(Feet) Roadways Paved Flush Mail Narrower Than 10 Feet Mall 10 Feet or Wider 8 or Less 1.6 1.4 1.0 0.9 9 1.4 1.2 0.9 0.8 10 1.2 1,0 0.8 0.7 11 O 1 0.9 0.7 ice_ 12 or more 1,0 0.8 0.5 't PAVEMENT F CTOR i Roadway Characteristics:' D Excellent((1.0) ❑ ood(1.2) OAverage (1.4) p Adverse(1.5) o or(1.8) ROADWAY FACTO Shoulders:' a, Good(0.9) ❑Average(1.1) ;e Poor(1.3) SHOULDER FACTOR Sidewalks: lelnadequate or lacking where nee xists(1,1) ❑Adequate or unnecessary (1. SIDEWAL FACTOR 4 Traffic: AADT Volume Vehicles Pe ne Per Day Factor No.of Travel Lanes 2 VPLPO> ea— 1.� 3500<VPLPD 5 5000 1.4 2000<VPLPO 5 3500 1.2 1000<VPLPD 5 2000 1.0 VPLPD 5 1000 TRAFFIC FACTOR /001N HIGHWAY GEOMETRIC FACTOR(TOTAL) 57 •See TE 24a-5 for detailed explanation Cayuga Medical Center at Ithaca March 1, 2011 Mr, Herb Engman Supervisor Town of Ithaca 215 N. Tioga Street Ithaca, NY 14850 Re: Conifer Senior housing Proposal Dear Herb and Town Board Members: I write to express Cayuga Medical Center's support of the independent affordable senior housing proposal of Conifer Realty, LLC. This proposal is ideally situated across from the hospital and close to physician practice groups. This will allow seniors in the community easy access to our facility. We hope you give the Conifer proposal serious consideration. Our community needs more affordable housing for seniors. Sincerely, John B. Rudd Senior VP/CFO 101 Dates Drive Ithaca, New York 14850-1383 607274.4011 607.274.4527 fax www.cayugcmed.org Affiliotcd with Weill Medical College of Cornell Universlry RECEIVED MAR 08 2011 TOWN OF IT ACA -TOWNCLE F( STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION REGION 3 333 EAST WASHINGTON STREET SYRACUSE, NY 13202 www.nysdot.gov CARL F.FORD, P.E. JOAN MCDONALD REGIONAL DIRECTOR ACTING COMMISSIONER March 7, 2411 Ms. Paulette Terwilliger Town Clerk, Town of Ithaca 215 N. Tioga Street Ithaca, NY 14850 Dear Ms. Terwilliger: RE: REQUEST FOR LOWER SPEED LIMIT ON WEST HAVEN ROAD Thank you for your February 23 letter requesting a lower speed limit on West Haven Road between Route 79 and Elm Street Ext. Our traffic engineers will conduct another investigation at the subject location. Please be aware that out review requires sufficient field investigation and analysis to assure a proper response. Upon completion of the investigation, you will be notified of the results and our determination. Your interest in this matter is greatly appreciated. Ve truly yours, DIANA L. GRASER, P.E. Regional Traffic Engineer cc: W. Sczesny, Tompkins County Superintendent H. Engman, Ithaca Town Supervisor T. Joseph, Tompkins County Legislator, District 12 .wft*. cc-ANPage 1 of 3 `� Paulette Terwilliger From: Jim Weber 10� Sent: Tuesday, March 08, 2011 10:57 AM To: Paulette Terwilliger Subject: FW: Yesterday's Plowing plan Paulette, My oversight on not copying you since this was a complaint. Please let me know if you have any questions or concerns with my response. Jim Jim Weber Dir. Public Works TOWN OF ITHACA 106 Seven Mile Drive Ithaca, NY 14850 p: 607-273-1656 f: 607-272-6076 w: www.town.ithaca.ny.us From: Jim Weber Sent:Tuesday, March 08, 201110:53 AM To: Herb Engman; rkotaska@aol.com Cc: Gene Redman Subject: RE: Yesterday's Plowing plan In addressing this storm event, Town of Ithaca staff began Sunday morning at 9:00 am.The crews worked until 8:30 pm and then were sent home to get ready for their next shift. During this time our night crews addressed the main Town routes and the crews were called back in and operating at 3:30 am Monday morning, to address the continuing adverse conditions created by the storm event, and worked until 3:00 pm.With our current staffing it takes about 3 hours to complete a plowing route and in the conditions that we saw Sunday and yesterday, 4"of snow can fall or be blown in quickly.After the"road closure order"as lifted Towns streets were addressed within the time it takes to complete a route. Given the conditions created by the storm Town crews performed exceptionally in allowing Town streets to remain passable to people and vehicles that were adequately prepared for winter conditions. Your complaint will be noted for future consideration. Should you have any questions or concerns with roadway maintenance please feel free to contact me. Jim Weber Dir. Public Works TOWN OF ITHACA 106 Seven Mile Drive Ithaca, NY 14850 p:607-273-1656 f: 607-272-6076 w:www.town.ithaca.ny.us From: Herb Engman Sent: Monday, March 07, 20115:04 PM To: rkotaska@aol.com Cc: Jim Weber Subject: RE: Yesterday's Plowing plan Honness Lane is one of our Town streets and our walkway, so I will pass this information along to our /01 Public Works Department. Herb 3/8/2011 Page 2 of 3 Herbert J. Engman Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 (607) 273-1721 Ext. 125 From: rkotaska@aol.com [mailto:rkotaska@aol.com] Sent: Monday, March 07, 20114:43 PM To: Herb Engman Subject: Re: Yesterday's Plowing plan Dear Mr. Engman, Thanks for the reply. I will be sure to forward my issues with those routes to the proper authorities. A note: Honness Rd, my normal path to work at Cornell was covered with at least 4 inches of snow on the way in and I was forced to find another route. It was one of many side streets that I passed on my journeys that looked impassable. I truly do appreciate you taking the time to write me back. I know you must be busy today dealing with the aftermath. Regards, Rob Kotaska -----Original Message----- From: Herb Engman <HEngman @town.ithaca.ny.us> To: rkotaska@aol.com <rkotaska@aol.com> -� Sent: Mon, Mar 7, 2011 4:18 pm Subject: RE: Yesterday's Plowing plan Dear Mr. Kotaska: Thank you for your e-mail. The routes you mention--79 and 13-are both NYS-owned and are maintained by the NYS Department of Transportation (DOT). I will pass along your observations to the regional office. Herb Herbert J. Engman Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 (607) 273-1721 Ext. 125 From: rkotaska(aaol.com [mailto:rkotaska(d)aol.coml Sent: Monday, March 07, 2011 1:12 PM To: dsweet@cityofithaca.org; Herb Engman Subject: Yesterday's Plowing plan To Whom it May Concern: I am writing to complain about the lack of snow removal during yesterday's storm. I understand that it is not always possible to know when storms are going to hit. That was not the case with yesterday's deluge. Since Friday morning there were warnings of what was coming, plenty of time to set up a plan that would cover any snow that we could get. If there had been consistent plowing throughout the day the dangerous buildup could have been contained to secondary roads. 318/2011 Page 3 of 3 understand that resources are tight in this economy. But what is saved money worth when it creates some extremely hazardous conditions that make it so an ambulance barely gets up Route 79, as happened last night between the 10 and 11 o'clock hour? I know there is no way that the roads could have been perfect given the pace of the snowfall, but last night the roads, even main arteries like 79 were barely drivable. As a Cornell staffer who works late nights and weekends I am biased. But I am sure you know that I am not the only person out there. On my way to work I saw many students struggling up main thoroughfares as well as side streets that were packed with up to 5 inches of snow. Intersections with huge packs of snow killed momentum that froze cars in place until they could back up to get traction again. I hope that not too many were hurt or worse due to the deplorable road conditions. On the way out of work at 3 am, route 79 East was blocked by a bus or large vehicle that was stuck. In order to get home I had to drive up 13 North, which I thought would be cared for better than it was, around Cornell Campus and up Pine Tree. My 5 minute drive home turned into an hour excursion where I was fearful for my life. This is not the first time this year that I have struggled to get home,. I find the plowing plan,which seems to be a stretch to call a plan, deplorable. I know I am spoiled, I am originally from Buffalo. What I find remarkable is that Buffalo is as flat as pancake and yet they clear streets. Ithaca is hilly and rife with danger when the streets are poorly maintained, as they often are. I know that there is more to this issue that I am not privy to. But I also know that it could be done a lot better. Thank you for your time on this matter. Sincerely, Rob Kotaska 3/8/2011 Paulette Terwilliger From: Genie Hurme [geniehurme@yahoo.com] Sent: Thursday, March 10, 2011 2:46 PM /`�To: Paulette Terwilliger Cc: Pat Dutt Subject: West Hill Moratorium Hello - Please forward this message to the Town Board. As a resident of West Hill, near the Town of Ithaca border, I am in favor of a moratorium. A moratorium on development will allow for the thoughtful planning of new building that will benefit both the City of Ithaca and the Town of Ithaca. My concern is with the structural overload on services that funnel from the town to the city - the current daily traffic problems are the visible problem that also has an impact on unseen services like water, sewage, and emergency services. When these difficulties are addressed, both areas can benefit from development. The concept of "nodal" development sounds like a version of "sprawl" to me, as it does to others. As a resident of the City of Ithaca, I welcome what surrounding communites like Jacksonville, Mecklenberg, and Trumansburg have to offer. Those areas developed in a historically slower way. The large developments being proposed on West Hill do not feel that way at all - rather they seem like a way to "make money fast" regardless of the difficulty it will cause to the infrastructure of the hub - the City of Ithaca. Also, they seem to be planned largely for the ��wealthy. The belief, stated by some, that less wealthy people will begin to nove in to Ithaca because more wealthy will move in to the town developments (yes, I think I did hear this suggested) suggests less diversity in both the City and Town. Moreover, the essential services sought by people in the Town will not necessarily exist in a "node" any more than they do now. People will travel to where they can get the service they want. Planned development can be a wonderful thing. I have seen what happens in communities where the development is not planned and it is not a good thing. I hope those in positions of authority to make such decisions will consider the welfare of all the individuals involved. Sincerely, Eugenia C. Hurme 1 � 0 17' TOWN OF ITHACA PUBLIC WORKS DEPARTMENT 106 SEVEN MILE DRIVE, ITHACA, N.Y. 14850 publicwarks@t©wn.ithaca.ny.us PHONE (607) 273-1656 Roads, Parks,Trails, Engineering,Sewer,and Water FAX(607)272-6076 March 10, 2011 Mr. Larocca REC VED 117 Birchwood Drive Ithaca, NY 14850 MAR 1 0 2011 TOW NOF ITHACA Re: Plowing Complaint Dear Mr. Larocca: Thank you for your letter dated kla rch 4), 2011. I assume that you were referring to the snow event and the Town plowing; activiLies on March 601 and 71h 2011. This event deposited a record snowfall and created adverse travel conditions for the Ithaca/Tompkins County area, resulting in the Sheriff issuing a Road Closure Order. Town road maintenance staff took all efforts to open roads, including contacting the sheriffs office to remove cars that impeded our ability to clear the roads. Given the 00040 nature of the storm event the sheriff's office and the plowing companies were not able to address all of the towing requests, therefore Town crews had to work around the obstacles to clear the snow from the roads. We did not have the luxury of waiting for the tow truck to arrive. All citizens of the Town of Ithaca were impacted by the storm and the resulting plowing activity. I apologize for any inconvenience. However, I can not guarantee that this will not happen again in the future but be assured Town staff will take appropriate steps to avoid this situation whenever possible. Should you have any additional questions relati this matter, please feel free to contact me at 273-1656. R sp fully, James Weber Director of Public Works/Highway Superintendent imu lw[E _ MAR 10 2011 lag �u TOWN OF ITH- _ A r � Wooftl . c Tj 0 f -f Pprwc-� © 1 Cid r p �' o OSE 0 P)oW A ky o �"/; �� ,5% , 3,0 ' C� � f � p0 -� / U 9 u o PIK, At�t )qr-rlya 4f;poaei:�<s- )��-Aksi JEI-V�'-k7 Doc �oF ;i�� yolt� il� e4& a Phi- f '�2' � 'o ,ry,, po RJ ) 9 swo ;;�� A e � ©1 VG J 067 7 r f 1 A/ A) LL �) O.� ��� R07 —1 U '�IAfU / � " IO �" � o t ''1 CcsOR`?V f� � �V� r y RECEIVED MAR 14 2011 Donald Mintz TOWN OF ITHACA TOWN CLERK 29 Whig Street „ \�� � ffyy Trumansburg, NY 14886-9169 March 10, 2011 Town of Ithaca Town Board 215 North Tioga Street Ithaca,NY 1.4850-4357 Ladies and Gentlemen: It is not really a question of whether or not there is a special right turn lane as one heads out of Ithaca across the bridge from Buffalo to Cliff. It is a question of traffic on Cliff. So I invite you to join us slightly infra dig peasants on our way into Ithaca on Route 89 dur- ing peak periods. Meditate with us for many long lovely minutes as we creep along to jobs or perhaps shopping. And do bear in mind as you prepare for our journey that jobs and shop- ping are not on West Hill; they are Downtown, on East Hili, on South Hill. So one-hundred-six houses behind the Museum of the Earth with all traffic coming and go- ing on 96 makes no sense except perhaps to the owner of the land and the prospective builder. Ah! But parking spaces will be limited,you say. Indeed. The residents of this group of houses will presumably not be allowed guests nor will they have teen-age children whose major goal in life is their own wheels. If I did not love it so much, I would bet you my 1984 Dodge Shadow against its (no doubt small) cash value that within six month of the completion of these houses, restrictions or no, no fewer than fifty immense SUVs and pickups will emerge from its roads to join the yahoos of West Hill, the Town of Ulysses and points beyond as they creep toward Ithaca. Now I admire TCAT more than the next fellow and I prize my fare card. But it is utopian to think TCAT will get people out of cars, particularly when its buses will crawl along in the same mess as the cars I have a better idea: how about building all this on Warren Road. Sincerely yours, Donald Mintz Phone: 607 387-4199 E-mail: <dmintnCq400m-ds1.com>or<dona1dsnintz72@yahoo.com> RECEIVED MAR 14 2011 TOWN OF ITHACA TOWN CLERK Dorothea P. Warner 167 Snyder Hill Rood Ithaca, NY 14850 (607)277-4773 March 14, 2011 Mr, Herb Ingman Supervisor Tnwn of Ithara Dear Mr. Ingman: RE: Water Damage to my home It was suggested that I write a follow-up letter concerning my telephone conversation with Mr. Ingman this morning reporting a complete drenching of the carpets in the downstairs apartment in my home (the second such incident in 4 months). On Thursday evening approximately 9:30 pm after returning home from a Board of Election meeting, my tenant knocked on my door and told me the water is seeping in so quickly that they cannot keep up with it. So,we started to use the water vac to contain the run in of water. It was difficult to keep up with it and eventually we had to stack all the furniture up and try and protect their beautiful teak wood furniture from water damage. We worked all night and all day on Friday. We have electric fans and a dehumidifier going to dry out the apartment. I am concerned about mold. The rent I receive from this apartment is a part of my monthly income and since my tenants are extremely unhappy with what is happening,it makes me anxious to think of the outcome. As I have mentioned before, I have lived in this house for 25+years and I HAVE NEVER HAD A WATER PROBLEM IN MY HOME. The amount of taxes(approx$5,000/yr which I believe is amoral) I pay each year just to live in Ithaca and my home which I try very hard to keep it in excellent condition, to the best of my ability is a bit much to swallow. I was told to refer to this incident as an "unfinished project." I am concerned that if this is an unfinished project, what will happen when the snow begins to melt and the spring rains begin? Will this be a recurring incident? This is causing undue emotional stress and anxiety for me. Also, I am concerned about the runoff from the Cornell hill with all the chemicals and animal waste—is that also in the water? I have never had to be concerned about this before the ditch was filled in. Before this ditch was covered over,there was plenty of area for the water to collect and run through the drain under the road...since this has been replaced by a pipe which was installed to be higher than the road,and then filled with soil over the top,the water runs over the filled in area and onto and over the road into my front yard. Also,the runoff from the hill—it has no place to go. I am trusting this letter will initiate some type of action that will help alleviate the situation that has transpired due to this"unfinished project." Thank you for your public service and assistance concerning this important issue. nc6rely, Dorothea P.Warner cc: Town Clerk Judy Drake SIT CITY OF ITHACA ° 108 East Green Street, Ithaca, New York 14850-5690 ,q a a I Office of City Controller ATS Telephone: 6071274-6576 Fax: 607 1 274-6415 March 15, 2011 Herb Engman, Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca,New York 14850 Dear Herb: Please find herewith the monthly summary of revenues and expenditures for the City of Ithaca Fire Department for the period through February 28, 2011. These summaries are required as part of the City/Town Fire Contract. Cornell University will make their voluntary contribution payment in July. The Fire Department portion of Cornell's total estimated payment of$1,187,780 is $711,967. The current monthly payment from Cornell is $59,389. The revenue account 2705 includes two months of Cornell revenue at 60 percent. According to the City/Town Fire Contract, the 2011 annual sum for City fire services is $3,177,500. Your February 2011 payment is $264,792. In addition, our records indicate that the December 2010 Fire Contract payment in the amount of$251,473.56 is still outstanding. Please make the payment at your earliest convenience. If your records do not agree, please contact my office. Please make payments by check, payable to the City of Ithaca, to my office. If you should have any questions, please do not hesitate to contact my office. Sincerely, 9 Steven P. Thayer City Controller SPT:dr Enclosures An Equal Opportunity Employer with a commitment to workforce diversification." City of Ithaca Summary of Ithaca Fire Department Revenues and Expenditures As of 2/28/11 Exhibit B 20111 I -- -I -- - - ,�a� I- ' Year to- i Year-to-date A3410 1 _- r - Date- Monthiy Excess or Account# DejQdpLig -- - - - --Actual - . ------ 1565 Fire Code Inspection Fees_ $ ---__32,000.00 $ _ 3,007.00 $ 1,863.00 (28,993.06); 2189 Other Home and Comm Services $ 100.00 $ 50.00 $ 50.00 $ (50.00)1 - - --- 2260 Public Safety Services --_ $ 6,000.00 $ 374_,0.0_ $ 176.00 $ (5,626.00)1 2262 Fire Protection Service _ - I 2410 Rent of Real Property) is _11,000.00 -$_ ___ $ ~$ (11,000.00) 2414 Rent of Equipment i _ $ - $ 2550 Public Safety Permits $ 7,000.00.1 $ 852.00_1 $ 532.00 $ (6,148.00)i^ -- 2610 Fines - $ -5,000.00 l $ -_-_ _ $- - - $ L,000.00)_I _26651 Sale of Equipment i____ - --- -$ - - -=- •$_ -- - 7-$ - --- $ (94.00): 26551 Minor Sales $ 100.00_ ! $ 6.00 $ 6.00 2680 Insurance Recoveries; $ 8,000.00 ; $ $ - _I $ 8,000.00 2690 Other Compensation for Loss $ ____ 50.00 $ - $ 1 $ (50.00) 2701 Refund of Prior Year"nse 1 $ 200.00 $ 85.00 $ 1 $ 115.00 2705 Gifts and Donations I _ $ 711,967.00 f $ 118,778_0.0_ _$_ -59,389.00 1 $ 593,189.00 2770 Unclassified Revenue _ $ 2,000.00 $ _ - $ - 1 $ (2,000.00)1 3989 Home&Community Services $ - $ - $ Total Revenues as of 2128/11 D $ 783,417.00 $ 123,152.00 $ 62,016.00 $ (660,265.00) -� lExpen -_ - - awe Year-to- .. e Date' Monthly Available - -- ----Q scnohon a tf - a Bud a Actual Actua - 5105 Administration Salaries :$ 342,475.00 _$ 38,017.00 $ _ 21,724.00 $ 304,458.00 _ 5110 Staff Salaries $ 4,724,792.00 $ 715,694.00 $ 351,805.00 1 $ 4,009,098.00 1 5115 Hourly Flr� $ --- $ $ - - $ - 51201 Hourly PM - ^ - $ - - 5205 OverFurnitime eand Fixtures $ 23,869.00 $ 14,997.00 $ 346131.00 5210 Office Equipment $ 370,000.00 $ - I $ -- --=- -_ _ ______ ___ _ $ $ 5215 Motor Vehicles _ - - ----1$ 19,400.00 .$ - -- $ - $ 5225 Other E ui ment _ __ ___ f_$ - $ - $ 19,400.00 5405 Telephone ____- __ ____$ 17,500.00 i_$ _2,399.00 $- 1,249.00 $ 15,101_00. 5410 Utilities $ 110,000 00 I $ 112,197.001 9,703.00 $ 97,803.00 5415 Clothin _ _ __ __ _ - $_110,150 00 $ 19,197 00 $ 813.00 $ 90,953.00-_ _ 5420 Gas&Oil _ 1 $ 69,000 00 $ _ $ - $ 69 000.00 5425 Office Ex nse �- - $ 735.00 $ 8,265.00 - - _ $ --31,123.00 1 $$ 735.00 5430 Fees _ - - --- - 1 _ __ 9,000.00 5435 Contracts j $ 720.00 j$ -- 575.00 1 $ 30,403.00 5440 Staff Development $__36,775.00 $ 2,819.00 $ _2_,_819.00 ; $ 33,956.00 5445 Travel and Mileage I $ 11,200.00 $ 61.00 $ 61.00 $ 11 139.00 _ 5450 Advertising -- -- $ - $ L$-- - $ --5455 Insurance ___$ 115,000,00 $ 27,150.00__$ 2_7,150.00 $ 87,850.00 _ 5460 Program Supplies $ 34 665.00 $ _466.00 $ 326.00 $ 34 199.00 _ 5470 Equipment and BuildingRental $ 2,800.00 $ 46.00_ $ 46.00 $ 2,754.00 5475 Property Maintenance _ $ 48,500.00 $ 3,613.00 $ 3,613.00 $ 44 887.00 54761E Maintenance $ 1.9QD00.00 $ 11,392.00 $ 6,799.00 , $ 17_8,608.00 5477 E ui ment Parts and Su_ lies (_q_p Tpp $ 70 650.00 $ 2,797.00 $ 2,797.00 $- 671853.00 f� i Page 1 oq Paulette Terwilliger From: Jim Weber Sent: Thursday, March 17,2011 11:35 AM To: Bill Goodman; E Levine; Herb Engman; NHorwitzContact; PLearyContact; RDepaoloContact; THunterContact Cc: Creig Hebdon; Wayne Sincebaugh; Paulette Terwilliger Subject: Ridgecrest Tank Attachments: customer notification.doc;Timeline of curing and testing 1 (2).doc As a result of the work performed on the Ridgecrest Tank this past fall, a temporary water quality issue has arisen. Paul Tunison, Bolton Point has been working with the County Health Department on corrective steps and customer notification. I have included a"Notification Letter"that will be sent only to the Town Water Customers/accounts being served by the Ridgecrest Tank(520)and a time line of events. Both of these documents were prepared under the guidance of the Health Department and the letter was authorized for release. This project was undertaken with full involvement and approval of the Health Department,which included the specifications for the paint.Town staff and the contractor did obtain Health Department authorization prior to placing the tank back in service. Now that the weather has improved,Town staff will be taking all steps necessary to bring the levels into compliance with New York State requirements. Please contact me if you have any questions or concerns. Jim Jim Weber Dir. Public Works TOWN OF ITHACA 106 Seven Mile Drive Ithaca, NY 14850 p:607-273-1656 f: 607-272-6076 w:www.town.ithaca.ny.us P"N 3/17/2011 E-. 9 TOWN OF ITHACA 41W `�°4 PUBLIC WORKS DEPARTMENT 106 SEVEN MILE DRIVE, ITHACA, N.Y. 14850 publimorks @ town.ithamny.us PHONE(607)273-1656 Roads,Parks,Trails,Engineering,Sewer,and Water FAX(607)272-6076 Notification to Consumer Dear Consumer: You have received this notification since the concentration of certain volatile organic compounds in the water you receive are temporarily above the maximum contaminant level that have been established by the New York State Health Department. In the fall of 2010, the Town of Ithaca initiated a project to recoat the interior of its Ridgecrest Road water storage tank. The tank interior was last recoated over 20 years ago, and the aforementioned project was undertaken to protect the tank from corrosion. The work involved removing what was left of the previous coating and then applying epoxy paint to interior surfaces of the tank. The epoxy coating that was used is approved by the American Water Works Association and the New York State l Department of Health. Due to various delays, the recoating of the tank was not J completed until November 15, 2010. Following that, the interior coating was allowed to dry, and due to the cold temperatures, heat was applied to the tank interior. The drying period is required to cure the paint and ensure that the volatile organic compounds that are components of the paint have evaporated. Refilling of the tank was initiated on December 9, 2010, and the tank was filled to capacity on December 11, 2010. Analyses for volatile organic chemicals from a sample of water that was collected from the tank on December 13, 2010 indicated that'the concentration of these chemicals was above the maximum contaminant levels (MCL) as established by the New York State Department of Health. The tank was emptied on December 15 and refilled on December 28. Subsequent analyses determined that the water in the tank was free from bacteriological contamination and the concentration of volatile organic chemicals was below the New York State Department of Health MCL of 5 parts per billion (ppb), but detectable concentrations of ethylbenzene and xylene were present in the water from the tank. As a result, the water tank was placed back into service on January 3, 2011. Since ethylbenzene and xylene were detected, the Tompkins County Health Department required that the water from the tank be analyzed for volatile organic chemicals again. This additional sampling revealed that the concentrations of ethylbenzene and xylene in the water from the tank were above the MCL. The higher levels of these volatile organic chemicals are suspected to be a result of the cold ambient temperatures that were present when the curing process occurred. Further drying of the epoxy coating should remove ethylbenzene and xylene from the �..1 tank coating. Higher ambient temperatures will be required to complete the curing, and 3,1 People exposed to large amounts of xylene had nervous system, liver and kidney damage. High levels of xylene damage the nervous system, liver, kidneys and heart of laboratory animals, and the unborn offspring of laboratory animals exposed during pregnancy. Chemicals that cause adverse health effects in humans and laboratory animals after high levels of exposure may also pose a risk of adverse health effects in humans who are exposed to lower levels over long periods of time. Ridgecrest Tank VOC Monitoring after Tank Recoating 4� 11/15/10: Tank recoating was completed 11/15/10 to 12/2/10: A blower was installed at the tank to promote drying of the paint 12/2/10 to 12/8/10: Due to the continued cold temperatures, at heater was installed to blow warm air into the tank 12/8/10: Sherwin Williams, the supplier of the coating,performed a"rub test"to determine if the paint had cured. The results of that test indicated that the paint had cured. It was determined that the next logical step was to fill the tank and then analyze water in the tank for the presence of Volatile Organic Chemicals (VOCs) 12/9/10: Commission staff began disinfection and filling of the tank 12/11/10: Tank full 12/13/10: Collected VOC samples 12/14/10: Received results from the laboratory that the VOC MCLs had been exceeded 12/15/10: Emptied the tank 12/17/10 to 12/21/10: Applied forced air heat to the interior of the tank 12/21/10 to 12/27/10: Removed heater and installed a blower to ventilate tank to promote further drying of the paint 12/27/10: Commission staff began disinfection and filling of the tank 12/28/10: Tank full 12/29/10: Collected VOC samples from the telemetry building after flushing the line with water from the tank 12/30/10: Determined that the 8-inch fill valve was leaking by, so it was determined that the 12/29/10 samples came from the system, not the tank. Collected additional VOC samples from the tank overflow 12/31/10: Received results from the laboratory that indicated that the VOC concentrations were below the MCLs, although ethylbenzene, m- xylene, and o-xylene were detectable �''1 Paulette Terwilliger From: Herb Engman Sent: Friday, March 18, 20112:01 PM /0�0: Bill Goodman; E Levine; Herb Engman; NHorwitzContact; PLearyContact; RDepaoloContact; THunterContact Cc: Paulette Terwilliger Subject: FW:traffic on Rte 96 Fyi. Herb Herbert J. Engman Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 (607) 273-1721 Ext. 125 -----Original Message----- From: Stephen Engleman [mailto:sse24@cornell.edu] Sent: Friday, March 18, 2011 12:58 PM To: Herb Engman Subject: traffic on Rte 96 Dear Mr Engman - I am writing to you about the proposal for a new development east of Rte 96 - Holochuck Homes - and other proposed porjects in the town. In good conscience I cannot understand how the board can approve new development when the road, without major changes, is having trouble meeting the present load. Ask people who live and work along it [actually that was done and ignored by the county] . I had lived for 20+ years on Rte 96 south of Jacksonville [I now live on Valley View] , watching the traffic grow beyond what is reasonable to expect people along the road to ,Aftkear. We sat through 'planners' telling us about nodal development, while people built iherever they wanted and areas were rezoned from agricultural to light industry and heavier Numerous noise studies have been made showing the detriment to people and wildlife, while the town of Ulysses didn't even have a noise-meter. In particular the increased garbage truck traffic [probably fracking traffic as well soon] and the fact that Rte 96 is a shortcut to ITH and beyond from the Thruway, has made it by far the busiest rte on the west side of the lake, destroyed lifestyle and property values, and led to major zoning and development changes all along the road to T'burg. It is past time to think about the social costs. Though Holochuck will not be _the_ major source of traffic on the road, as they are wont to bring up in their BIS - the hospital and medical offices, the massage school, other apt complexes are - the question to ask is when is enough ENOUGH. I want to add that you have no control over developments outside the town [e.g. the city without consultation, has added numerous apt complexes to West Hill] . This is more than a town issue but I see little coordination. I would like to see what benefit, except for the meager tax revenue increase, that the _present_ town residents would accrue by such development. I might add, the same is being seen along Rte 79 and I am asking that the town board put the brakes on development, till more comprehensive county planning can be accomplished. Also I would want to hear what values are being used to judge development. It certainly isn't lifestyle enhancement for those already living here and after 40 + years here it gets a little tiresome to see little has changed - real estate developers have almost invariably had their way. Thanks for your time and I hope the board will consider the rest of the town [and county] as these decisions are made - Stephen Engleman 125 Valley View 1 Page 1 of 1 Paulette Terwilliger From: Gail Finan [gailfinan602@yahoo.com] Sent: Monday, March 21, 2011 5:30 AM To: Paulette Terwilliger Paulette I own a house on Wet Hill Please continue the moratorium on West Hill. Share this email please. Gail T. Finan 323 Warren Place Ithaca, NY 3/21/2011 Tompkins County DEPARTMENT OF PLANNING 121 East Court Street Edward C.Marx,AICP Q� Ithaca, New York 14850 3 2011 �! Commissioner of Planning Telep oKQl(Q t j,- 56t}� I and Public Works ) 4 Nr March 22, 2011 Mr. Bruce Bates,Director of Code Enforcement Town of Ithaca 215 N.Tioga Street Ithaca,NY 14850 Re: Review Pursuant to §239-1,-m and-n of the New York State General Municipal Law Action: Proposed local law amending Zoning Chapter to require compliance with the property maintenance chapter of the Town of Ithaca Code. Dear Mr. Bates: This letter acknowledges your referral of the proposal identified above for review and comment by the Tompkins County Planning Department pursuant to §239 -1 , -m and—n 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. 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&Public Works Inclusion through(Diversity f RECEIVED STATE OF NEW YORK MAR 2 5 2011 DEPARTMENT OF TRANSPORTATION REGION 3 TOWN OF ITHACA TOWN CLERK 333 EAST WASHINGTON STREET SYRACUSE, NY 13202 www.nysdot.gov CARL F.FORD,P.E. JOAN MCDONALD REGIONAL DIRECTOR COMMISSIONER March 23, 2011 Ms. Paulette Terwilliger Town Clerk, Town of Ithaca 215 N. Tioga Street Ithaca, NY 14850 Dear Ms. Terwilliger: RE: REQUEST FOR LOWER SPEED LIMIT ON WESTHAVEN ROAD This is a follow up to our March 7 letter regarding a second review of the speed limit on West Haven Road between Route 79 and Elm Street Ext. Our traffic engineers have completed their review of this location, including input from the State Police. Based on this second review, we have deters-pined that a 30 MPH speed limit for West Haven Road would be appropriate. Upon receipt of the official order for the 30 MPH limit, the Town may install the necessary signing. Your interest in this matter has been greatly appreciated. Ve truly yours, DIANA L. GRASER, P.E. Regional Traffic Engineer cc: W. Sczesny, Tompkins County Highway Superintendent H. Engman, Town of Ithaca Supervisor W. Burbank, Tompkins County Legislator, District 12 STATE OF NEW YORK-- DEPARTMENT OF TRANSPORTATION TRAFFIC AND SAFETY DIVISION STUDY NO.: 3110033 NOTICE OF ORDER FILE: 50 12-Loc TROOP: C THE DEPARTMENT OF TRANSPORTATION HAS FILED AN ORDER WITH THE SECRETARY OF STATE WHEREBY: SECTION: 1150.12 SUBDIVISION: (S) PARAGRAPH: OF THE DEPARTMENT'S REGULATION IS { ) ADDED O AMENDED to read as follows: ( X) REPEALED ApR �li� r 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' March 23, 2011 APPROVED BY Regional Traffic Engineer (DATE) (SIGNATURE) (TITLE) DESCRIPTION: Order repeals 40 MPH speed limit on West Haven Road. COUNTY: Tompkins LOCALITY, Town of Ithaca OTHER RELATED ACTIONS ( ) NONE (X) Identi _ Add 1150.12 (Identify) cc: O CITY POLICE DEPARTMENT O VILLAGE ( ) SHERIFF (X) REGION (3)TRAFFIC ENGINEER -----�{X) TOWN (X) STATE POLICE ( ) OTHER-Specify: (X) COUNTY SUPT. ( ) PERMITTEE DLF:,TML:hh TE 3e (10108) 1 STATE OF NEW YORK–DEPARTMENT OF TRANSPORTATION TRAFFIC AND SAFETY DIVISION STUDY NO.: 3110033 NOTICE OF ORDER FILE: 50.12-Lac TROOP: C THE DEPARTMENT OF TRANSPORTATION HAS FILED AN ORDER WITH THE SECRETARY OF STATE WHEREBY: SECTION: 1150.12 SUBDIVISION: (af) PARAGRAPH: OF THE DEPARTMENT'S REGULATION IS (X ) ADDED O AMENDED to read as follows: O REPEALED 30 MPH on West Haven Road, a town highway, between Route 79 and Elm Street Extension, a distance of 0.9± mile. 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. March 23, 2011 APPROVED BY Regional Traffic Engineer (DATE) (SIGNATURE) (TITLE) DESCRIPTION: Order establishes a 30 MPH speed limit on West Haven Road as described above. COUNTY: Tompkins LOCALITY: Town of Ithaca OTHER RELATED ACTIONS ( ) NONE (X) Identify: Repeal 1150.12 (s) cc: ( ) CITY ( ) POLICE DEPARTMENT ( ) VILLAGE { ) SHERIFF (X) REGION (3)TRAFFIC ENGINEER .— ��(X) TOWN (X) STATE POLICE ( ) OTHER-Specify: (X) COUNTY SUPT. ( ) PERMITTEE n> i,:JN!L:hh TE 3e(10108) - i Paulette Terwilliger From: Webmaster@town.ithaca.ny.us e+s�Sent: Tuesday, March 29,2011 9:26 AM To: Paulette Terwilliger Subject: Data posted to form 1 of http://www.town.ithaca.ny.us/Feedback.htm ******************************************************************************* department: Town Board MessageType: Suggestion Subject: Service SubjectOther: Username: Randy Smith userstreet: 206 Eldridge Circle usertown: Ithaca UserEmail: randy@incodema.com UserTel: 592-7969 (cell) UserFAX: B1: Submit Comments: When are you going to moderenize the bill payment options on line? Asking for a 3% service charge is a little ridiculous. Don't you folks pay your NSEG or cable bills without service charges? It can't be cheaper for you to have to process envelopes and checks vs being able to pay with a debit or credit card??? Since I'm on a roll, is there any long term discussion yet regarding the water problems in Southwoods? /am,\ 1 RECEIVED Tompkins County Water Resources CoullcilAPR 07 2011 121 East Court Strect, Ithaca,N.Y. 14850 TOWN OF ITHACA Telephone(607)274-5560 Fax: (607)274-5578 TOWN CLERK wwiN.tonip kins-co.orb/planning/committees.htinI March 30, 2011 Jack K. Dahl, Director Bureau of Oil and Gas Regulation NYSDEC Division of Mineral Resources 625 Broadway, 3`d floor Albany, New York 12233-6500 Re: Public Comment Period for the Revised Draft Supplemental Generic EIS on the Oil, Gas, and Solution Mining Regulatory Program for the Marcellus Shale Gas Drilling Dear Mr. Dahl: According to Executive Order No. 41 (Requiring Further Environmental Review), signed by Governor David A. Paterson on December 13, 2010, the Department of Environmental Conservation was ordered to publish a Revised Draft Supplemental Generic EIS on or about June 1, 2011. That Executive Order also called for the Department to accept public comments on the Revised Draft for at least thirty (30) days. We appreciate the tremendous effort required by the NYSDEC to address the complex technical and regulatory concepts that must be included in the Revised Draft SGEIS and the amount of work it will take to respond to the thousands of comments received on the Draft SGEIS. We are equally concerned with the time and effort it will take for the public and for agencies, such as ours, to review the revised document upon its release. It is critical that the public have adequate time to review this important document. Therefore, we are requesting that the NYSDEC establish a ninety-day public comment period following promulgation of the Revised Draft SGEIS. Respectfully, YnP. Proto, Chairman Tompkins County Water Resources Council cc: Governor Cuomo; NYS Senators Skelos, Brian Kolb, O'Mara, Seward, and Nozzolio; Speaker Silver; Assemblywoman Lifton; Chair of Senate Committee on Environmental Conservation Grisanti; Chair of Assembly Committee on Environmental Conservation Sweeney; Attorney General Schneiderman; U.S. Senators Schumer and Gillibrand; Representatives DeGette, Salazar, Hanna and Hinchey; New York State Association of Counties; New York State Association of County Health Officials (NYASCHO); the Tompkins County Board of Health; and Town Supervisors and Clerks The Tompkins County IYrtler Resources Council is a citizen board that advises the T orupkins Counev I egislaiure on ostlers relating to the MWWWOnenr of water resources,and does not uecessarih,a.rpress the VieWs of the Tompkins County Legislature. Emails Recvd in Support of a Morqtorium on West Hill Name TOI CIO Enf Ulys Tburg ?? Brinn 1 Crittenden 1 Dutt 1 Engleman 1 Felker 1 Ferguson 1 Ferrill 1 Finan 1 Fogarty 1 Governanti 1 Heavner 1 Homsher 1 humphries 1 Hurme 1 Jolluck 1 Kardon 1 Keil 1 Knight 1 Manx 1 Mintz 1 Ozolins 1 Perreault 1 Prosperi 1 Romanowski 1 Rockey 1 Schaaf 1 Smith 1 Stefanucci 1 Swann 1 Teasley 1 Viglietta 1 Walden 1 Walkup 1 Wohlegemuth 1 Wolf 1 Zimmer 1 19 10 1 1 2 3 Paulette Terwilliger From: marypros@twcny.rr.com esSent: Thursday, March 24,2011 3:03 PM ro: news-bounces@iwhcommunity.org Subject: West Hill Moratorium Mr. Engman, I am ABSOLUTELY in favor of a West Hill Moratorium. I am yet another West Hill resident expressing to you and the entire Town Board that you absolutely need to pass a moratorium on development on West Hill - in the City and Town and without any exceptions for any developers who have not already put a shovel to ground as of this moment today. The Conifer plans as well as the Holochuk plans are too extensive and planning should take place before these projects move forward. We in the Town of Ithaca who supported your candidacy and voted for you and expect in return you will take the time and the effort to look into all aspect of development rather than rubber stamp each and every project that comes along. int P� 1 Page 1 of 1 Paulette Terwilliger From: Herb Engman Sent: Monday, March 28, 2011 11:37 AM To: Paulette Terwilliger Subject: FW: I strongly support a moratorium on West Hill development... Herbert J. Engman Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 (607) 273-1721 Ext. 125 From: John Humphries [mailto:jh@sherpatech.com] Sent: Monday, March 28, 2011 10:58 AM To: Herb Engman Subject: I strongly support a moratorium on West Hill development... hello herb— I've lived at 117 Hopkins Road for just about a year and a half now, and even in that short time it's become very plain that there's huge pressure to turn open land on West Hill into real estate development projects of various kinds. A GENERAL MORATORIUM ON WEST HILL DEVELOPMENT SEEMS CRITICALLY NECESSARY at this point, so that we can stop and look at the broader picture of what we're creating out here on West Hill. any moratorium should include a freeze on ALL projects currently under discussion: if a particular project is good, it will still be good a year from now. choices are being made now that will affect the quality of life on West Hill for decades and those choices shouldn'tjust be made by default, which is what happens when we only focus on the pros and cons of each individual project in turn without stopping to consider how all these pieces will ultimately fit together. I (and many of my neighbors) have a lot of thoughts about this topic that we'd like to talk about and a moratorium on development is a critical step in getting that conversation started. please distribute this email to the rest of the board members. thank you! john humphries 117 Hopkins Rd Ithaca NY 607.592.4481 jh@sherpatech.com 3/29/2011 Page 1 of 1 i Paulette Terwilliger From: Herb Engman Sent: Friday, March 25, 2011 12:11 PM To: Paulette Terwilliger Subject: FW: West Hill Developement Herbert J. Engman Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 (607) 273-1721 Ext. 125 From: R1W [mailto:rwoh[gem@twcny.rr.com] Sent: Friday, March 25, 20116:44 AM To: Herb Engman Subject: West: Hill Developement Sir, We live on Bundy Road. After many months of thinking about West Hill development in the Town of Ithaca, we have concluded that we would prefer to see an open ended moratorium enacted and enforced. Thank you for considering this preference. Richard and Donna Wohlgemuth 152 Bundy Rd (607) 277-1547 3/29/2011 l Paulette Terwilliger From: Herb Engman Sent: Thursday, March 24, 2011 5:55 PM To: Paulette Terwilliger Subject: FW: In support of a West Hill development moratorium Attachments: cj.vcf :__ I cj.vcf(303 B) Herbert J. Engman Town. Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 (607) 273-1721 Ext. 125 -----Original Message----- From: Chris Jolluck [mailto:cj@cupserv.org] Sent: Thursday, March 24, 2011 2:55 PM To: Herb Engman Subject: In support of a West Hill development moratorium Dear Mr. Engman, I 'd like to add my voice in support of a moratorium. As a West Hill resident, I think we A,,,ow,owe it to our community, and our future, to very carefully consider the way in which we further develop West Hill, and all of the effects and ramifications the development may have. I ask that my email he distributed to the Town Board as well . Thank you. Chris Jolluck f Page I of 1 Paulette Terwilliger From: Herb Engman Sent: Thursday, March 24, 2011 1:51 PM To: Paulette Terwilliger Subject: FW: West Hill building moratorium Herbert J. Engman Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 (607) 273-1721 Ext. 125 From: Ben Heavner [mailto:bheavner@gmail.com] Sent: Thursday, March 24, 2011 11:52 AM To: Herb Engman Cc: Bill Goodman; RDepaoloContact; P Leary; THunterContact; NHorwitz; E Levine Subject: West Hill building moratorium Dear Mr. Engman, Thank you very much for your service as the Town Supervisor. I really appreciate selfless spirit demonstrated by you and the other Town Board members through your willingness to work so hard to improve our community. I am writing in support of a building moratorium on West Hill, to allow a more comprehensive consideration of what we want the future West Hill to be. I am a relatively new resident, having lived on Hector Street for about 5 1/2 years. In that time, I have come to appreciate my neighbors and the unique benefits of living on West Hill. At the same time, I have come to realize the problems caused by ever-increasing traffic on Highways 79 and 96. When highway 79 was closed to repair the water main last year, our neighborhood had a block party. We realized how much the busy street acts as a barrier between neighbors, and celebrated the opportunity to cross the street and visit without concerns about the heavy traffic that normally comes down our hill. It was wonderful, and made me a strong supporter of any plan that would ameliorate traffic passing through our residential neighborhood. I appreciate that developers have made considerable efforts to advance their plans, and hope that the Town can achieve an equitable arrangement with them while it takes the time to evaluate the future of West Hill. However, I think that adding more large developments to West Hill in the absence of long-term plan that is coordinated between the Town and the City will worsen the already concerning traffic problems in my neighborhood. Therefore, I think that pausing the development while undertaking an evaluation would be very beneficial for our neighborhood at this time. Thanks again for your work and for your consideration, Ben Heavner 3/24/2011 Page i of I Paulette Terwilliger eoos From: Herb Engman Sent: Thursday, March 24, 2011 1:53 PM To: Paulette Terwilliger Subject: FW: [village-plus-tree] FW: [IWHC] PLEASE WRITE! re Moratorium on West Hill development Herbert J. Engman Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14650 (607)273-1721 Ext. 125 From: Susan Wolf [mailto:quakerwolf@gmail.com] Sent: Thursday, March 24, 2011 12:26 PM To: Herb Engman Subject: Re: [village-plus-tree] FW: [IWHC] PLEASE WRITE! re Moratorium on West Hill development Dear Mr. Engman, I am in favor of a moratorium on the further development of West Hill. As an older person, I am particularly concerned about the proposcd senior housing. It seems to me that the location of such housing will serve to isolate older folks. There are no shopping areas or food stores/drug stores within walking distance. Nor are there senior activities nearby. This means that a person ,.� in that housing would have to drive or take the bus to do neccssary shopping or to enhance the quality of life.. This is not always practicable for elders. Of eQurse, one could call Gad-a-bout, but using Gad-a-bout does not always lend itself to a variety of schedules. I don't think a simple moratorium will do. We need a time of serious study and planning. We need to involve all the bodies impacted by changes on West Hill, because once the development is completed, it can't be readily changed. We don't need a set of irreversible mistakes; we need solid vision and planning to ensure that any development will work with the life changes that are approaching [higher gas prices, for example], and will craft a design for a sustainable future. I would like to see some senior housing established where the residents can walk or use golf carts to do errands and/or participate in activities [or where activities could be established on site]. Susan Wolf Off Rte 79 West 3/24/2011 Page 1 of 1 Paulette Terwilliger From: Herb Engman Sent: Thursday, March 24,2011 11:49 AM To: Paulette Terwilliger Subject: FW: Moratorium on West Hill Herbert J. Engman Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 (607)273-1721 Ext. 125 From: Patricia Viglietta [mailto:pvig7@yahoo.com] Sent:Thursday, March 24, 2011 11:48 AM To: Herb Engman Subject: Moratorium on West Hill Mr. Hengman, I'm contacting you to inform the Ithaca Town Board that, as a resident on West Hill, I am in favor of a building moratorium, specifically in terms of multiply dwelling units, on West Hill. I am aware of very real concerns of many residents about the impact of increased traffic, especially on Cliff St. I am aware that the location planned for a large building project intended for senior citizens is quite a hike, on a hill, for an elderly person to get to the bus stop. I personally know how difficult it is to cross the 4 lanes of traffic at the bridges spanning the Inlet with the volume of traffic that exists now. These and probably many more issues I'm not aware of need to be seriously considered with a plan for realistic, working solutions included in any large scale development plan on West Hill. Pleasedistribute my email among the Ithaca Town Board members. Thank you, Pat Viglietta 3/24/2011 Page 1 of 1 Paulette Terwilliger 0041, From: Herb Engman Sent: Thursday, March 24, 2011 11:29 AM To: Paulette Terwilliger Subject: FW: YES to a Moratorium Herbert J. Engman Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 (607)273-1721 Ext. 125 From: Greg Perreault [mailto:gregp 69@yahoo.com] Sent: Thursday, March 24, 201111:18 AM To: Herb Engman Subject: YES to a Moratorium Hello Mr. Engman, My wife and I live on West Hill, in the City of Ithaca. We are in favor of a moratorium on all new major developments on West Hill, including Holochuck, until realistic traffic evaluation and mitigation has taken place. The Planning Board should be allowed to complete the Town of Ithaca Master Plan so that zoning and approval are set up by design. Approval of the Holochuck project would be "spot zoning" and will not lead to a good outcome for the City or the Town. Thank for your time. Respectfully, GREG Perreault 3/24/2011 Page I of 1 Paulette Terwilliger From: Herb Engman Sent: Wednesday, March 23, 2011 4:17 PM To: Paulette Terwilliger Subject: FW: Moratorium on West Hill development Herbert J. Engman Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 (607) 273-1721 Ext. 125 From: marsha kardon [mailto:mfkardon@gmail.com] Sent: Wednesday, March 23, 20113:26 PM To: Herb Engman Subject: Moratorium on West Hill development I am strongly in favor of this. Marsha Kardon, 2 Perry Lane, Ithaca, NY 3/24/2011 Page I of Paulette Terwilliger From: Herb Engman Sent: Wednesday, March 23, 2011 4:18 PM To: Paulette Terwilliger Subject: FW: Moratorium on West Hill Herbert J. Engman Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 (607) 273-1721 Ext. 125 From: Alice Rockey [mailto:ar356@cornell.edu] Sent: Wednesday, March 23, 2011 3:49 PM To: Herb Engman Cc: news@iwhcommunity.org Subject: Moratorium on West Hill Mr. Engman, I am strongly supportive of a moratorium on development on West Hill. You seem to care much more about the West Hill experience of people who do not even live on West Hill (developers and future residents) than you do about the continuously diminished quality of life and dangers to those of us who already live here and pay taxes on homes that already exist as opposed to vacant lots. Without a moratorium and much-needed thoughtful planning that takes all constituents into account, you continue not only to contribute to the public safety dangers associated with the current geography and urban "planning" of much of Cliff and Hector Streets and the lower west end, but you exacerbate them. While you may work for the Town, you are elected to work with your colleagues in the City to address such issues that affect residents of the Town and all of those who pass through the west end who are trying to get to and from work, home, or the only hospital in town (Convenient Care closes at 10 PM) rather than blaming them on your City counterparts. Call a halt to the current pro-development attitude that has you exacerbating these problems when you get paid to ameliorate them until you can figure out solutions to the existing issues. It is completely irresponsible to continue to blame others or to engage in the wishful thinking that someone will come up with a solution after 500 to 3000 units of housing are added to an already overburdened infrastructure. I challenge you to try to get from West Hill to any of the major employers in Ithaca during peak morning commute hours (when all schools are in session). It usually takes me 20 minutes to drive eight miles— and at least two of these miles is at 55 mph (I'd ride the bus, but I'm in zone 2 so it would cost me more, and I don't always work a schedule compatible with TCAT). If there is a train, accident, etc., it can take twice that time. Alice Rockey 3/24/2011 Page 1 of 1 Paulette Terwilliger From: Herb Engman Sent: Wednesday, March 23, 2011 4:19 PM To: Paulette Terwilliger Subject: FW: PROPOSED MORITORIUM FOR WEST HILL Herbert J. Engman Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 (607) 273-1721 Ext. 125 From: Karen Governanti [mailto:govka@twcny.rr.com] Sent: Wednesday, March 23, 20114:13 PM To: Herb Engman Subject: PROPOSED MORITORIUM FOR WEST HILL My husband Daniel and I ARE in favor of the proposed moratorium of building on West Hill. We are not against development but against development that has no plan or end game. I strongly advise you to please consider the moratorium to better ensure the safety, and well-being of the town and residents of West Hill. Thank you, Karen Governanti KAREN GOVERNANTI THINKFRESH INTERIORS 1 PERRY LANE ITHACA, NY 14850 BUS 607 256 8331 CELL 607 229 5003 3/24/2011 Page 1 of 1 Paulette Terwilliger From: Herb Engman Sent: Wednesday, March 23, 2011 4:19 PM To: Paulette Terwilliger Subject: FW: in favor of moratorium Herbert J. Engman Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 (607) 273-1721 Ext. 125 From: Sharon Marx [mailto:sharonmmarx@gmail.com] Sent: Wednesday, March 23, 20114:17 PM To: Herb Engman Subject: in favor of moratorium please have everything slow down and take time to study not just the immediate effects....but long term ones too. Thank you. 156 Bundy Road 3/24/2011 Paulette Terwilliger From: Deborah Homsher[dlh10@cornell.edu] Sent: Thursday, March 24,2011 5:32 AM Yo: Paulette Terwilliger Subject: FW:The West Hill Construction Moratorium Please forward to the Town Board and Planning Board, and thank you. Correction: In my recent message regarding the West Hill moratorium, I wrote that only two bridges cross the Inlet. There are three bridges over the Inlet. The two-bridge bottleneck that impedes traffic headed east, into town, off West Hill (not including the Seneca Street Bridge, which is one-way, going west) is over the flood canal. Thank you for your patience. Deborah Homsher From: Deborah Homsher Sent: Wednesday, March 23, 2011 4:43 PM To: PTerwilliger@town.ithaca.ny.us Subject: FW: The West Hill Construction Moratorium To the Ithaca Town Board and Planning Board: I am a current resident of West Hill; my husband and I have lived on Warren Place for more than twenty-five years. I have attended meetings at which a construction moratorium was discussed and am writing now to tell you that we believe the new developments being planned for West Hill, which have not yet been approved, should be postponed and reconsidered due to ongoing traffic problems in our neighborhoods. These problems are clearly caused by the single condition that makes our hill unique: drivers approaching from the northwest portion of the town, into the city, must cross one of two bridges over Pw►t-he Inlet. These bridges create a serious (double?) bottleneck, especially at the point there routes 89 and 96 converge. I remember noticing a map at one meeting that was sponsored by the West Hill Civic Association, chaired by Jonathan Ablard, and attended by approximately 80 to 100 residents concerned by the many new housing developments being considered for West Hill. That map featured a long road or path I didn't recognize. In the course of the discussion, we learned that the conspicuous line marked a planned hiking and bicycle trail that was expected to mitigate some of the traffic problems on Rte 96, coming down from the hospital, where the Holochuck development is potentially sited. But increased traffic on that long, steep hill is not going to be reduced by a hiking trail. A sensible solution to the traffic congestion in our neighborhoods has not been found, and a full study of the problem has not yet been conducted, in my opinion. We do expect the Town to cooperate with the City, and the City with the Town, to create a sensible, full, forward-looking plan for the development and conservation of West Hill. So-called "nodal" developments may not qualify as "sprawl" according to some members of the board, but they certainly will contribute to traffic snarls since there are no commercial services included in these developments, which means that increasing numbers of residents will still be driving in and out of the city, over the bridges, from West Hill. Thank you for your consideration. Deborah Homsher Deborah Homsher 225 Warren Place Ithaca, NY 14850 1 Paulette Terwilliger From: Herb Engman Sent: Thursday, March 24,2011 8:48 AM Paulette Ter illiger Subject: FW: moratorium I 'm pretty sure this is a duplicate. herb Herbert J. Engman Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 (607) 273-1721 Ext. 125 -----Original Message----- From: Regi Teasley [mailto:rltcayuga@earthlink.net] Sent: Wednesday, March 23, 2011 5:40 PM To: Herb Engman Cc: westHillCivicAssociationeyahoogroups.com Subject: moratorium Mr. Engman, As I have stated to you in the past, we need a moratorium on development on West Hill. The coming challenges require that we set aside our prior notions about how best to create appropriate housing and infrastructure. We may find ourselves needing to rethink many of our assumptions about food, water supply, transportation, work and employment and community. Creating a built environment suited to the 1960s eomb,(whatever updated words we choose to call it) is unwise in the extreme. Hoping that 'things (such as traffic) will take care of themselves" is, well, let us say, naive. If we in Ithaca can't get off this train before it wrecks, how can we expect to see the larger societal changes that we desperately need? Let's stop business as usual, take a breath and think about the future. Stop is the key word now. Regi Teasley 201 Cliff Park Rd Ithaca 1 Page I of 1 Paulette Terwilliger From: Herb Engman Sent: Thursday, March 24, 2011 8:48 AM To: Paulette Terwilliger Subject: FW: Favor Development Moratorium Herbert J. Engman Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 (607) 273-1721 Ext. 125 From: Stephanie Schaaf [mailto:ss81@comell.edu] Sent: Wednesday, March 23, 20116:08 PM To: Herb Engman Cc: pduttster@gmail.com Subject: Favor Development Moratorium Mr. Engman- I have lived at 134 Bundy Road since September of 1970. 1 favor a development moratorium on West Hill.The pace of development on West Hill has increased significantly in the last five years with limited overall coordinated planning on the part of either the Town of Ithaca or the City. A development moratorium would allow the town to more completely assess the impacts of future development on current and future res residents and businesses and current services (transportation, water supply issues, impacts on ICSD, etc.). Please distribute to the Town Board and Town Planning Board as needed. Thank you for your consideration. Stephanie Schaaf 134 Bundy Road Ithaca, NY 14850-9252 607-277-0615 3/24/2011 Page 1 of 1 Paulette Terwilliger From: Herb Engman Sent: Thursday, March 24, 2011 8:50 AM To: Paulette Terwilliger Subject: FW: In favor of a moratorium on the West Hill Herbert J. Engman Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 (607)273-1721 Ext. 125 From: Lenore Ferrill [mai Ito:lcferrill@yahoo.com] Sent: Wednesday, March 23, 20119:57 PM To: Herb Engman Subject: In favor of a moratorium on the West Hill Please distribute to the board. Thank you. 3/24/2011 Page 1 of 1 Paulette Terwilliger From: Herb Engman Sent: Thursday, March 24,2011 8:49 AM To: Paulette Terwilliger Subject: FW:West Hill Moratorium Herbert J. Engman Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 (607)273-1721 Ext. 125 From:junegordon6@aol.com [mailto:junegordon6@aol.com] Sent: Wednesday, March 23, 20117:26 PM To: Herb Engman Subject: West Hill Moratorium We are in support of the West Hill Moratorium for Bundy Rd. Please distribute to the Town Board. Gordon and June Walden Hopkins Rd. 3/24/2011 Page 1 of 1 Paulette Terwilliger From: Herb Engman Sent: Thursday, March 24,2011 8:49 AM To: Paulette Terwilliger Subject: FW: In favor of a Moratorium on West Hill, Ithaca Herbert J. Engman Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 (607)273-1721 Ext. 125 From: Lisa Ferguson [mailto:lisaf 14850@yahoo.com] Sent: Wednesday, March 23, 20117:01 PM To: Herb Engman Subject: In favor of a Moratorium on West Hill, Ithaca Lisa Ferguson 1485 Mecklenburg Rd. Ithaca "When the power of love overcomes the love of power,the world will see peace." Jimmy Hendrix 3/24/2011 Page 1 of 1 Paulette Terwilliger From: Herb Engman I" Sent: Thursday, March 24,2011 8:49 AM To: Paulette Terwilliger Subject: FW:West Hill Moratorium Herbert J. Engman Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 (607)273-1721 Ext. 125 From: Deborah Keil [mailto:dkeil7@lightlink.com] Sent: Wednesday, March 23, 20116:20 PM To: Herb Engman Subject: Re: West Hill Moratorium Herbert, I am a homeowner on Bundy Rd. in the Town of Ithaca. I would like to make it known that I am strongly in favor of a 1 year moratorium on development in the West Hill area. Several development projects at once have been moving very fast. I feel that there is a serious need to carefully consider the impact of these proposed developments. Some of the concerns that would need to be addressed include:traffic volume, traffic congestion and hazards; impact of increased water demands, light pollution, noise pollution, as well as threatening to destroy the peaceful quiet neighborhood and/or rural feeling of the areas on West Hill. Please consider this a vote strongly in favor of the proposed moratorium on development! Thank you very much. Deborah Keil 157 Bundy Rd. Ithaca, NY 3/24/2011 Page 1 of 1 Paulette Terwilliger From: Herb Engman �"~a Sent: Thursday, March 24, 2011 9:59 AM To: Paulette Terwilliger Subject: FW: West Hill Moratorium Herbert J. Engman Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 (607)273-1721 Ext. 125 From: Don R. Crittenden [mailto:dcrittenden@harrisbeach.com] Sent: Thursday, March 24, 2011 9:38 AM To: Herb Engman Subject: West Hill Moratorium Hello Herb, I am in favor of an immediate moratorium on large-scale developments in the West Hill area of the Town of Ithaca. Don R. Crittenden STATEMENT OF CONFIDENTIALITY This electronic message may contain privileged or confidential information. If you are not the intended recipient of this e-mail, please delete it from your system and advise the sender. In accordance with Internal Revenue Service Circular 230, we inform YOU that any discussion of a federal tax issue contained in this communication (including any attachments) is not intended or written to be used, and it cannot be used, by any recipient for the purpose of(i) avoiding penalties that may be imposed on the recipient under United States federal tax laws, or {i i) promoting, marketing or recommending to another party any tax-related matters addressed herein. 3/24/2011 Page 1 of 2 Paulette Terwilliger �. From: Herb Engman Sent: Thursday, March 24, 2011 9:59 AM To: Paulette Terwilliger Subject: FW: Fw: IN FAVOR OF WEST HILL MORATORIUM Paulette, here is the sender of the mystery message. Herb Herbert J. Engman Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 (607) 273-1721 Ext. 125 From: Wh Moratorium needed [ma iIto:whmoratoriumneeded@yahoo.corn] Sent: Thursday, March 24, 20118:55 AM To: Herb Engman; Rich DePaolo; T Hunter; P Leary; Eric Levine; NHorwitz Subject:: Fw: Fw: IN FAVOR OF WEST HILL MORATORIUM Luanne M. Prosperi Stefanucci Trumansburg Road, Town of Ithaca Need any more information? Let me know.... ----- Forwarded Message ---- From: William Goodman <billg@ecovillage.ithaca.ny.us> To: Wh Moratorium needed <whmoratoriumneeded@yahoo.com> Sent: Wed, March 23, 20114:22:13 PM Subject: Re: Fw: IN FAVOR OF WEST HILL MORATORIUM If you are unwilling to sign your email, I will be blocking any future emails from this address. On 3/23/20113:26 PM, Wh Moratorium needed wrote: Someone please send this to the Town Supervisor and the entire Town Board. He may not have received more than 15 messages in support of a moratorium because his email is not working properly - this has bounced back 4 times! Dear Mr. Engman, Count this as yet another West Hill resident expressing to you and to the entire Town Board that YOU absolutely need to pass a moratorium on development on West Hill - in the City and Town - and without exceptions for any developers who have not already put shovel to ground as of today. There is no sense in a (much needed) moratorium that allows a new road to be built off Route 96 to accomodate another 100 to 300 residents (Holochuck) and another low income housing 3/24/2011 Page 2 of 2 complex for at least that many more (Cornell/Conifer). You seem to care much more about the West Hill experience of people who do not even live on West Hill (developers and future residents) than you do /OWIN about the continuously dimished quality of life and dangers to those of us who already live here and pay taxes on homes that already exist as opposed to vacant lots. Without a moratorium and much-needed thoughtful planning that takes all constituents into account (yes,even including those of us already here on WH), you continue not only to contribute to the public safety dangers associated with the current geography and urban "planning" of much of Cliff Street and the lower west end,but you exacerbate them. While you may work for the Town, you are elected to work with your colleagues in the City to address such issues that affect residents of the Town and all of those who pass through the west end who are trying to get to and from work, home,or the only hospital in town (Convenient Care closes at 10 PM) rather than blaming them on your City counterparts. Call a halt to the current pro-development attitude that has you exacerbating these problems when you get paid to ameliorate them until you can figure out solutions to the existing issues. It is completely irresponsible to continue to blame others or to engage in the wishful thinking that someone will come up with a solution after 500 to 3000 units of housing are added to an already overburdened infrastructure. 3/24/2011 Page 1 of 1 Paulette Terwilliger From: Herb Engman Sent: Wednesday, March 23, 2011 4:04 PM To: Paulette Terwilliger Subject: FW: in favor of moratorium Herbert J. Engman Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 (607) 273-1721 Ext. 125 From: Judith Swann [mailto:swannjudith@yahoo.com] Sent: Wednesday, March 23, 20113:12 PM To: Herb Engman Subject: in favor of moratorium Hello, I am in favor of moratorium on West Hill. Thanks, Judy Swann 3/23/2011 Page 1 of 1 Paulette Terwilliger From: Herb Engman Sent: Wednesday, March 23,2011 3:54 PM To: Paulette Terwilliger Subject: FW:West Hill Moratorium Clearly the neighborhood list works. Herbert J. Engman Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 (607)273-1721 Ext. 125 From: Jane Zimmer[mailto:jazim@twcny.rr.com] Sent: Wednesday, March 23, 20113:01 PM To: Herb Engman Subject: West Hill Moratorium Good Afternoon Mr. Engman, I'm writing to ask that you please support a moratorium on West Hill development. I am in agreement with Andrejs Ozolins'comments that we cannot keep rushing forward as we have in the past-oblivious to the impact that congestion and traffic have on our lives and the earth around us. Let's put a hold on more development until a more comprehensive 'regional' plan is designed. Thank you, Jane Zimmer 3/23/2011 Page 1 of 1 Paulette Terwilliger From: Herb Engman Sent: Wednesday, March 23, 2011 3:31 PM To: Paulette Terwilliger Subject: FW: Moratorium Ditto Herbert J. Engman Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 (607) 273-1721 Ext. 125 ....._.. _....... From: Yvonne Fogarty f mailto:asia@lightlink.com] Sent: Wednesday, March 23, 20112:42 PM To: Herb Engman Subject: Moratorium Dear Mr. Engman, I am writing you today to urge you to support a building moratorium for the West Hill. We simply do not have the infrastructure to support the proposed developments. I live on Bundy road and experience the traffic daily. The ability of the town to keep up with the road maintenance is a serious issue as you will notice if you drive 96, Bundy, Hopkins, Sheffield etc. I don't have city water or sewer because I live on upper Bundy Rd. but I wonder if it has been proven that the newly proposed developments will be able to be adequately use the present system. The newly proposed housing is NOT low income housing so that should not be the issue. Thanks for your time. Yvonne Fogarty , 238 Bundy Rd 3/23/2011 Page 1 of 1 Paulette Terwilliger From: Herb Engman Sent: Wednesday, March 23, 2011 3:31 PM To: Paulette Terwilliger Subject: FW: moratorium Not sure about this one. Herbert J. Engman Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 (607) 273-1721 Ext. 125 From: Matt Knight [mailto:mjknight50@gmail.com] Sent: Wednesday, March 23, 2011 2:44 PM To: Herb Engman Subject: moratorium Dear Herb, I am in favor of a moratorium on West Hill development. Best, Matt Knight 3/23/2011 Page 1 of 1 Paulette Terwilliger From: Deborah Homsher[dlhlO@comell.edu] Sent: Wednesday, March 23,2011 11:35 AM To: Paulette Terwilliger Cc: Pat Duff Subject:The West Hill Construction Moratorium Dear Paulette Terwilliger, I am writing to register my support for a construction moratorium on West Hill. Would you please forward the following message to members of the Ithaca Town Board and the Planning Board?Thank you very much for your help with this. To the Ithaca Town Board and Planning Board: I am a current resident of West Hill; my husband and I have lived on Warren Place for more than twenty-five years.I have attended meetings at which a construction moratorium was discussed and am writing now to tell you that we believe the new developments being planned for West Hill, which have not yet been approved, should be postponed and reconsidered due to ongoing traffic problems in our neighborhoods. These problems are clearly caused by the single condition that makes our hill unique: drivers approaching from the northwest portion of the town, into the city, must cross one of two bridges over the Inlet.These bridges create a serious (double?)bottleneck, especially at the point where routes 89 and 96 converge. I remember noticing a map at one meeting that was sponsored by the West Hill Civic Association,chaired by Michael Ablard, and attended by approximately 80 to 100 residents concerned by the many new housing developments being considered for West Hill.That map featured a long road or path I didn't recognize. In the course of the discussion,we learned that the conspicuous line marked a planned hiking and bicycle trail that was expected to mitigate some of the traffic problems on Rte 96,coming down from the hospital, where the Holochuck development is potentially sited. But increased traffic on that long,steep hill is not going to be reduced by a hiking trail. A sensible solution to the traffic congestion in our neighborhoods has not been found, and a full study of the problem has not yet been conducted, in my opinion. We do expect the Town to cooperate with the City, and the City with the Town, to create a sensible, full, forward-looking plan for the development and conservation of West Hill. So- called "nodal" developments may not qualify as "sprawl" according to some members of the board,but they certainly will contribute to traffic snarls since there are no commercial services included in these developments,which means that increasing numbers of residents will still be driving in and out of the city, over the bridges, from West Hill. Thank you for your consideration. Deborah Homsher Deborah Homsher 225 Warren Place Ithaca, NY 14850 3/23/2011 Paulette Terwilliger From: Herb Engman Sent: Wednesday, March 23, 2011 10:01 AM /Pw,�To: Paulette Terwilliger Subject: FW: West Hill Moratorium Herbert J. Engman Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 (607) 273-1721 Ext. 125 -----Original Message----- From: Paulette Terwilliger Sent: Thursday, March 10, 2011 3:05 PM To: Bill Goodman; E Levine; Herb Engman; NHorwitzContact; PLearyContact; RDepaoloContact; THunterContact Subject: FW: West Hill Moratorium -----Original Message----- From: Genie Hurme [mailto:geniehurme@yahoo.com] Sent: Thursday, March 10, 2011 2:46 PM To: Paulette Terwilliger Cc: Pat Dutt Subject: West Hill Moratorium ,Aom"`Kello - Please forward this message to the Town Board. As a resident of West Hill, near the Town of Ithaca border, I am in favor of a moratorium. A moratorium on development will allow for the thoughtful planning of new building that will benefit both the City of Ithaca and the Town of Ithaca. My concern is with the structural overload on services that funnel from the town to the city - the current daily traffic problems are the visible problem that also has an impact on unseen services like water, sewage, and emergency services. When these difficulties are addressed, both areas can benefit from development. The concept of "nodal" development sounds like a version of "sprawl" to me, as it does to others. As a resident of the City of Ithaca, I welcome what surrounding communites like Jacksonville, Mecklenberg, and Trumansburg have to offer. Those areas developed in a historically slower way. The large developments being proposed on West Hill do not feel that way at all - rather they seem like a way to "make money fast" regardless of the difficulty it will cause to the infrastructure of the hub - the City of Ithaca. Also, they seem to be planned largely for the wealthy. The belief, stated by some, that less wealthy people will begin to move in to Ithaca because more wealthy will move in to the town developments (yes, I think I did hear this suggested) suggests less diversity in both the City and Town. Moreover, the essential services sought by people in the Town will not necessarily exist in a "node" any more than they do now. People will travel to where they can get the service they want. 1 Planned development can be a wonderful thing. I have seen what happens in communities where the development is not planned and it is not a good thing. I hope those in positions of authority to make such decisions will consider the welfare of all the individuals involved. sincerely, ('" ugenia C. Hurme 2 Pace 1 of 2 Paulette Terwilliger From: Herb Engman Sent: Wednesday, March 23, 2011 10:02 AM To: Paulette Terwilliger Subject: FW: Comments on proposed West Hill development moratorium Herbert J. Engman Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 (607) 273-1721 Ext. 125 From: Susan Ritter Sent: Wednesday, March 09, 2011 12:31 PM To: Bill Goodman; E Levine; Herb Engman; PLearyContact; RDepaoloContact; THunterContact; NHorwitzContact Subject: FW: Comments on proposed West Hill development moratorium Planning Committee (& Town Board Members), I am forwarding you the following emailed comment received through the Town's website. Sue Forwarded Message: department: Planning MessageType: Complaint Subject: Meeting SubjectOther: Username: Gail Felker userstreet: 212 Campbell Ave. usertown: Ithaca UserEmail: gail.felker@gmail .com UserTel: 607-256-0965 UserFAX: B1: Submit Comments: I want to commend Tee Ann Hunter and others who are working hard on behalf of our community to place a moratorium on the development proposal by Holochuck to build on West Hill. My husband and I and others in our neighborhood have spoken out again and again and feel that our concerns are not getting heard. The traffic on West Hill is already a problem. When we bring this up the reply is that there would be a "node" that would supply things that we would otherwise go into town for, and there will be a hiking path so people could walk. These are not sufficient to address our concerns. Easily 10, 000-15, 000 cars drive southbound into Ithaca on Rt. 96 every day - I know because we counted them (conservatively) when Rt. 96 was closed and people were detoured down my street - Campbell Ave. Certain times of the day it can take me 15 minutes to get across town or it can take 40 when it's really bad - like on Fridays when Cornell is in session. You add 8000 more vehicles and it will be much worse. A node or a path will not help. Traffic on our side of the hill 3/23/2011 Page 2 of 2 absolutely must be addressed BEFORE there is new development. Put a moratorium on this thing and figure it out, please. Likely I will not shop at a node - I will continue to want to go to Wegman's, the library, my church, my doctor and my dentist, etc. Rarely do I go north. I speak for my neighbors too - all of us dislike the traffic and the bus going down our street. It is noisy, unsafe for our children (my daughter walks our dog) . Are we heard? 3/23/2011 Paulette Terwilliger From: Herb Engman Sent: Wednesday, March 23,2011 10:03 AM �To: Paulette Terwilliger Subject: FW:west hill moratorium Herbert J. Engman Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 (607) 273-1721 Ext. 125 -----Original Message----- From: Ken Walkup [mailto:krw25@cornell.edu] Sent: Monday, February 14, 2011 7:04 AM To: Herb Engman Subject: west hill moratorium Dear Ithaca Town Board member, I am Ken Walkup, currently a resident of Trumansburg, but for most of the past 15 years owner of a house on Iradell Rd. along the Route 96 corridor and a Tompkins County resident since 1969. I strongly support a moratorium on development in the West Hill area and would like to make these points: As you have heard from your constituents, traffic is already a huge issue for West Hill residents, and no one has come up with a way to mitigate the impact development will have on this problem. It's the antithesis of planning to build before you have a way for the infrastructure to deal with the consequences. The town of Ithaca seems poised on the brink of a rush to develop this area, with many presidential projects under consideration. If you don't take the time now to consider this jarefully, it will be too late. It does not seem like anyone is considering the impact that all these projects, taken together, will have. Do it right for all of us. The Holochuck development as planned currently calls for the only possible corridor for a new road to relieve traffic congestion to be given to the State. This is very short-sighted; even if it is not possible politically to build this now, at least the option should be preserved. The notion that the area around the hospital is a "node" in city planning terms is wrong. There is no commercial development here, no neighborhood and nothing but wishful thinking to support the idea that it ever will be. Finally I'd like to make a plea for inter-municipal cooperation here. Even though I have not been a Town of Ithaca resident during these past years, what the Town decides will have a great impact on me and all of us who live in Enfield, Ulysses, and beyond. Those towns, as well as Tompkins County and the City of Ithaca, should be part of the planning process for the Route 96 corridor. Thanks, Ken Walkup 1 Pa-c I of' I Paulette Terwilliger From: Herb Engman Sent: Wednesday, March 23, 2011 10:03 AM To: Paulette Terwilliger Subject: FW: In favor of moratorium on "development" on West Hall Herbert J. Engman Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 (607) 273-1721 Ext. 125 From: Regi Teasley [mailto:rltcayuga@earthlink.net] Sent: Sunday, February 13, 2011 11:45 AM To: Herb Engman; William Goodman; Rich DePaolo; T Hunter; P Leary; E Levine; NHorwitz Cc: Pat Dutt Subject: In favor of moratorium on "development" on West Hili Dear Board Members, First, thank you for your service to our community. Second, I feel very strongly that we need a moratorium on what is typically called "development" on West Hill. It is unwise in the extreme to engaged in ad hoc decision-making about land use. Such uses have multiple effects and ramifications, many not anticipated, and their impact is long-lasting. Especially now as environmental degradation and climate change continue, we must stop and think carefully about what the future will hold for us and other living things. Obviously, "business as usual" is archaic and counterproductive. This is a time for vision and wisdom. Of course, that takes time. Give us and yourselves the time needed to choose wisely. Thank you, Regi Teasley 201 Cliff Park Rd Ithaca, NY 3/23/2011 Page 1 of 1 Paulette Terwilliger From: Herb Engman Sent: Wednesday, March 23, 2011 10:03 AM To: Paulette Terwilliger Subject: FW: Moratorium West Hill Herbert J. Engman Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 (607)273-1721 Ext. 125 From: Jane Zimmer [mailto:jazim@twcny.rr.com] Sent: Friday, February 11, 20115:41 PM To: Herb Engman; William Goodman; Rich DePaolo;T Hunter; P Leary; E Levine; NHorwitz Subject: Moratorium West Hill Dear Ithaca Town Board, I am writing to you today in support of a building moratorium on the West Hill. I have lived on the West Hill for 15 years and I understand that we are at a critical point- without a plan of how the West Hill should be developed. A moratorium would give our Town Planners time to determine the best plan for our community. When I look at the Commons in Ithaca I wish there had been more input before State Street was torn up and an area of the City seemingly forever changed . Now I, and many of my friends, wish it had never changed. Please give our Town Planners time to evaluate all options and to consider what is best for the West Hill, and ultimately, all of Ithaca. Thank you. Sincerely, Jane Zimmer 3/23/2011 Page 1 of 1 Paulette Terwilliger From: Herb Engman Sent: Wednesday, March 23, 2011 10:03 AM To: Paulette Terwilliger Subject: FW: Moratorium on the West Hill Herbert J. Engman Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 (607) 273-1721 Ext. 125 From: Pat Dutt [ma ilto:pduttster@gmail.com] Sent: Friday, February 11, 20112:27 PM To: Herb Engman; William Goodman; Rich DePaolo; T Hunter; P Leary; E Levine; NHorwitz Subject: Moratorium on the West Hill Dear Ithaca Town Board, Thank you for all of the hard work that you do. We really do appreciate your time and effort. I am writing to you today in support of a building moratorium on the West Hill. I have lived on the West Hill for 13 years and I understand we are at a critical point, and without a plan of how the West Hill should be developed. You wouldn't build a house without a well-reasoned plan, similarly, it does not seem wise to build a neighborhood without a plan and some vision of the future. A moratorium would give our Town Planners time to collect data, to investigate interesting and exciting options, to put dollar costs on road building and repair, and to learn how other communities have solved similar problems, and if we could apply their solutions to our problems. Please give our Town Planners time to evaluate all options, and to consider what is best for the West Hill and ultimately, all of Ithaca. Now is not the time to close off options, especially when we have severe problems (traffic) that no one seems able to solve. West Hillers would be more than happy to help with any activities that would contribute to an evaluation of the dynamics on the West Hill. Please give us a chance to work with you. Thank you. Sincerely, Ms. Pat Dutt ithacasciarantwriting.info iwhcommunity.org 3/23/2011 Paulette Terwilliger From: Herb Engman Sent: Wednesday, March 23, 2011 10:04 AM ,vft�To: Paulette Terwilliger Subject: FW:west hill moratorium Herbert J. Engman Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 (607) 273-1721 Ext. 125 -----Original Message----- From: Margot Brinn [mailto:margotbrinn@mac.com] Sent: Friday, January 28, 2011 7:18 PM To: Herb Engman; William Goodman; Rich DePaolo; T Hunter; P Leary; Eric Levine; NHorwitz Subject: west hill moratorium Dear Town of Ithaca Board Members: I'm sorry to have missed the meeting the other night; I'm quite sick with a cold and I'm sure the other people in the meeting would be grateful that I didn't show up. But I do want to weigh in on the issue. I do support a moratorium for the following reasons: Living on Hector Street, I have been aware of the ever increasing traffic as development has progressed. And more development will undoubtedly lead to more traffic. I think the /'challenge for our generation must be to develop AND reduce traffic. That must mean more 3evelopment in city centers; it also means NOT building homes, stores, businesses generally reachable only by cars Park and Ride do not seem to have mitigated in any real sense the increase in car use in this country. Most [99VI people will not drive somewhere, and then wait for a bus to get to their destination. The reduced car use must be related to the dense development. Look at the pictures and maps of Ithaca from before WWII. There are throngs of people; people walked everywhere because they COULD walk everywhere. and the hills were served by trolleys. Sometimes progress means using an old model that worked instead of a newer model that has caused huge problems of pollution, global warming, road fatalities and architectural ugliness. I understand we cannot go back. But we can let those principles inform our present decision making, rather than allowing the short term need for revenue cloud our best long term interests. Thank you for your attention, Margot Brinn thebloggingnana.wordpress.com 1 Paulette Terwilliger From: Herb Engman Sent: Wednesday, March 23,2011 10:05 AM /ft.�To: Paulette Terwilliger Subject: FW: moratorium Paulette, this just in. I think it is a duplicate. her Herbert J. Engman Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 (607) 273-1721 Ext. 125 -----Original Message----- From: Margot Brinn [mailto:margotbrinn@mac.com] Sent: Wednesday, March 23, 2011 9:59 AM To: Herb Engman Subject: moratorium herb, I'm a strong yes to the moratorium. of course i don't look forward to the increased traffic on my road [79] , but everything i know about intelligent design, about ending this endless sprawl--this weird pattern of development based on car use that's only maybe 60 years old--leads me to support ending development outside of urban areas. Thanks for listening. r"margot Brinn 600 B Hector Street thebloggingnana.wordpress.com 1 Paulette Terwilliger From: Herb Engman Sent: Wednesday, March 23,2011 10:07 AM ^To: Paulette Terwilliger Subject: FW: Moratorium on West Hill development Looks like a new push in on for e-mails. Herb Herbert J. Engman Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 (607) 273-1721 Ext. 125 -----Original Message----- From: Andrejs Ozolins [mailto:aozolins@ithaca.edu] Sent: Wednesday, March 23, 2011 10:05 AM To: Herb Engman; news@iwhcommunity.org Subject: Moratorium on West Hill development I live on Cliff Street within the city limits. I'm desperately in favor of a moratorium -- and not just a delay, but a period of serious, intense study and planning. This can't be done just by the Town of Ithaca, but must be begun as a regional/metropolitan undertaking. Building a whole community in the wrong place in the wrong way becomes an unalterable fact for decades. Please try to minimize that kind of irreversible mistake by using a moratorium to develop a sustainable regional plan. e011In addition, of course, there are the immediate reasons to stop and reconsider: traffic on Cliff Street is at or beyond the maximum. When my family need to leave our driveway, whether by car or bicycle, there is a considerable wait and often a dangerous entry into traffic. During the peak times (up to 9:00 am and around 5:00 pm) the road is filled with stalled or almost stalled traffic for quite a while. To leave our house or get to it during those times is already problematic. And when an emergency vehicle tries to hurry through the jam, it's a huge potential danger. But, besides personal irritations, it's heartbreaking to see all the waste of energy and time, generating all that pollution and greenhouse gas -- all because the planning and development incentives for the past 50 years have pushed people into their cars. For the sake of our descendants, please let's stop those incentives and bias our system toward a sustainable future. And, finally, I want to add that the future we need to plan for isn't necessarily or even likely going to be one that I feel automatically comfortable in. We can't assume that our preferences are ones that will serve the future -- unfortunately there is lots of evidence to the contrary! Because the world is changed in fundamental ways, we will have to learn how to live within those changes. But -we *can* learn - humans and, maybe particularly Americans, are adaptable, strong, inventive. Let's begin to act that way. Andrejs 733 Cliff St (ps, I hope it's clear I'm not taking this position because I hate developers or hate development. I'm eager for development, in fact; and I admire some of the individuals who are leaders in proposed developments. What I dread is that the direction of that development, while sound in a 1950s mode of thinking and successful for at least the �O�ubsequent half century, has come to a point where it threatens to destroy the viability of our communities. Lots of factors are suggesting that this is true and the matter is serious enough that we must *at 1 least* stop rushing in the same direction long enough to evaluate the facts and the research.) f 1 2 A Proposed West Hill Building Moritorium I believe a moritorium for building on West Hill should be enacted for the following reasons: - Effects of increased traffic on Rte 96 (a narrow 2 lane road which is rapidly becoming a major highway) including the intersections of BuffaloSt. with Taughannock Blvd. , Fulton and Meadow Sts. Dont forget to: discuss the traffic light timing and the coal and salt trains which snarl traffic. - Public Safety priorities-Ambulance, Police-and Fire Department on both road usage and increased demands on service with the increase of population,especially with Senior housing. - Contrary to wishful thinking,I do not think the public is that willing to give up the convenience and utility of their private vehicles for public transport-especially working Parents, to reduce congestion on this road. -The unintended consequenses of increased municipal infrastructure cost associated with the proposed projects especially in light of the N.Y.State property tax cap which will likely become law. -Lastly-Do you wish to lose more and more 'open space" for what ever perceived advantages that increased housing density would possibly bring without fully discussing the pros and cons on these proposals? If you ,as a body,do agree to a moritorium for a thourough airing of these questions,l would hope that you include all the proposals such as Holchuck and the Senior Housing. Thank you for your consideration. Robert S. Romanowski 160 Bundy rd. Ithaca,N.Y.14850 March 21,2011 OF TOWN OF ITHACA 18 '_ 215 N. Tioga Street, Ithaca, N.Y. 14850 www.town.ithaca.ny.tls 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 April 6, 2011 Jonathan Mems ?35 Culver Road Ithaca, NY 14850-8782 Dear Jon: Today at long last I had the opportunity at the Operations Committee to bring up your SLIg,;cstion made in your letter of February 8. My apologies for the long delay. As you imply in your letter, the paid parking is City-controlled. I would be happy to bring up the possibilities with the Mayor at our next meeting (we meet monthly). A5 for Town meetings, there is often parking available in our lot after 4:30 week days and all through the weekend. The only exceptions are the spaces along the garage which are reserved for Post Office use at all times. The Operations Committee members thought that there are only two Town entities that might not be receiving any reimbursement for parking and other volunteer-related expenses: the Conservation Board and the Comprehensive Plan Committee. The Conservation Board receives a yearly allocation and it was thought that it can. if it wishes. spend some of the funds on expense reimbursement. The Comprehensive Plan is in its last year and then will disband. I hope this information is helpful. I will report back to you if I make any headway with the Mayor. Thanks for your ideas. Sincer y, H rbert J. Engma Town Superviso RECEIVE Herbert Engman, Supervisor APR 05 2011 Town of Ithaca TOWN OF I ACA 215 North Tioga St. c Ithaca,NY 14850 Dear Herb, Once again I am requesting, on behalf of the membership of the Northeast Unit of Lifelong,your financial assistance so that the unit can remain active and be a part of the lives of the senior citizens in this area. It might be of some interest to know that the average age of the members is well over 80. We loose a few members each year due to age related incapacitation and unfortunately, death. It is believed that the regular monthly luncheon meeting and the two special meeting provide a badly needed and all too infrequent social opportunity for some of the members. On a positive side, we believe the number of members is stabilizing, primarily as a result of the luncheon program initiated last year and which the members wish to be continued. The meager balance in the unit's treasury cannot support for much longer this or any of the current programs. The major part of the current program is the regular, once a month, luncheon, a hot meal, well balanced and nutritious which is catered. Each member attending contributes $3 toward the cost of the meal,with the unit's treasury the rest, about $3 depending on menu and cost. At each of the meetings there is some type of program. Some are travelogues, some lectures on topics of special interest to seniors, and some involve getting to know each other better. In early December each year the unit has a holiday dinner at a local establishment and there is usually some form of entertainment. This is the most popular of the events. In June,the last luncheon of the year's meetings, the unit' treasury absorbs the cost of having a chicken bar-b-que, with the members supplying a dish to pass. When possible there is entertainment at this event as well. One other special event is the annual Bingo party held in conjunction with a regular luncheon. Small cash prizes are awarded the winners, paid for by the unit's treasury . This too is highly popular. In return for a small contribution,the host for our meeting, St. Catherine of Siena parish, provides the chafing dishes, serving equipment, an excellent meeting place, audiovisual equipment, ample parking and is handicapped accessible, something needed by a number of the members. This request has been purposely delayed until after the state budget had been past so as to enable you to better make financial decisions. It is my sincere hope this delay will not have a negative affect on your consideration of this request. Sincerely„J rl W. Sabin, Treasure .o*. To Bill Goodman and the Town Board, Page 1 of 1 Paulette Terwilliger From: William Goodman [billg@ecovillage.ithaca.ny.us] Aowwo% Sent: Tuesday, April 12, 2011 2:19 PM To: Herb Engman; Paulette Terwilliger;THunterContact; Rich DePaolo; NHorwitzContact; PLearyContact; E Levine Subject: Fwd: Concern on moratorium Hi Gang, since it seems I'm the only one who got this, here it is. Paulette, I'm sending it to you for the Town records in case you didn't get it either. Thanks, Bill ps - looks like I may do the tour of EcoVillage at 11:00 on Saturday morning rather than 10:30 - it could take as little as an hour if you need to leave by Noon - or I can talk for 2 hours if you don't get bored and don't want to leave early. And again, if you can't make it Saturday but still want to corse up some other time, let me know. -------- Original Message -------- SubJect:Concern on moratorium Date:Mon, 11 Apr 2011 17:03:10 -0400 From:Lucatelli's Ristorante<Lucatellis@cn. my ail.com> To:<biII2@ecovillage.ithaca.ny.us> To Bill Goodman and the Town Board, My name is Giuliano Lucatelli and I am writing you to speak against the moratorium on West Hill. I own 66 acres on Bundy and Hopkins Rd. I currently have this property on the market to sell. I had a purchase offer last December on the property that's now Dead in the Water because of fears of this moratorium and the neighbors in that area opposing the building of homes. I have paid my taxes on that property for over 25 years. The property is zoned for residential use and the interested developer wanted to build green single family homes on my property, now maybe I am wrong but this should be no problem seeing how no one is seeking any zoning changes. I am also a West Hill resident and have been so for over twenty years, off of route 96 past the hospital. The people who oppose development on west hill have choices, to move, buy the properties in question or help pay the taxes. I am wondering if the neighbors around my property oppose any development because they might lose use of my land without permission. It is obvious to me that the land you own and pay taxes on does not really belong to you anymore. I was born and raised in Ithaca and Tompkins County, In this community of ours no matter where you drive in Tompkins County there is more traffic everywhere you go because so many people are moving in to our beautiful county now, from twenty years ago. A owner of property should be able to do what they wish with their property as long as there are no laws or zoning ordinances being broken. West Hill has thousands of residents and the board should not make a decision based on just a handful. Thank you for your time Giuliano Lucatelli PS. I am hoping this reaches all the town board members. 4/12/2011 ITHACA ESTATES REALTY LLC Residential, Commercial and Investment Properties 123 KING ROAD EAST ITHACA, NEW YORK 14850-9478 Tp yp� ygCp�� ( E-Mail: -930aEs FAX (607) 277-8197 7 -819 t .;" www.IthacaEstatesRealty.com To:Town of Ithaca, Highway Department, Five Mile Drive, Ithaca, NY 14850 Re: 118 KRW Culvert Replacement Date: May 2, 2011 Dear Sirs, I have been waiting since 1993 to get this undersized and failing (rusting out and braking up) culvert replaced. it was reported to the Highway Department and Engineering over the years and last week that it had washed out again. It really seems as if it is washing out every 4 to 6 months. It needs to be replaced immediately. If the Town of Ithaca is not going to do the work,the least the Highway Department can do is tell me. I am willing to do this work myself. I will get a permit from the Town Highway Department just as I did from the NYS Highway Department to replace the 2 culverts on NYS route 96b. The culverts were properly sized and have passed the high water tests during the large fall storm in November and the last storm this past week! Please give me a date for making the replacement and costs or tell me you don't want to do it and I will proceed from there on my own. Sincerely ou , Evan N. Monkemeyer C.C. Town Supervisor, Herb Engman .IAV 113kyAm May 10, 2011 Herbert Engman,Supervisor Town of Ithaca 215 N.Tioga Street Ithaca, NY 14850 RE: NYMIR Subscriber/Member Capital Distribution Dear Supervisor Engman: I'm writing you today to share some positive news that I hope will provide a small measure of relief from the otherwise bleak financial picture facing local governments this year. At its Annual Meeting last week, the NYMIR Board of Governors determined to continue its capital return program for a fourth year. This means that NYMIR will have returned all of your municipality's initial capital investment which the NYS Insurance Law requires of all Subscribing Members to our Reciprocal. This distribution—now totaling more than $10 Million Dollars-has been possible because of dedication and loyalty of our membership over the past 18 years. It will be shared with every Subscriber who has completed its 5-year capital contribution commitment and renewed during 2012.The amount of the distribution will be the same as you received in each of the first three years. These distributions will take place throughout 2012 and will depend upon each Subscriber's renewal date. With the assistance of our founding municipal Associations,we will be scheduling events throughout the year in order to deliver this distribution and to properly recognize your municipality's ownership role in this very successful, collaborative insurance vehicle. if you have any questions as to the specific amount or timing of your return as we enter 2012, please do not hesitate to give us a call. Very truly yours, �v�u Zai ROBERT BONDI, President NYMIR Board of Governors C*MM'W/ Qw,�U�&5, RECEIVEC) MAY Real Estate Appraisers and Consultants 3 2011 Post Office Box 611 T��N OF IT Ithaca, New York 14851-0611 wN ct�RCq Telephone: 1-607-273-0215 �4�vwr.bentkc�wskiappraisatl.com e-mail: jbentko%v&wcny,xt.cotn May 11,2011 Town of Ithaca Town Board. 215 North Tioga Street Ithaca,New York 14850 Re: permitted use—Tax Parcel # 31.--3-4 Dear Sirs and Madam, I am the real estate appraiser and broker for the property listed as Tax Parcel # 31.-3-4 located at the northwest comer of N.Y. State Route 13 and 13A (Five Mile Drive). It used to be the site of the Nora Dodd's Nursing home and then a series of restaurants until the widening of 13A necessitated that the building be demolished., I have been trying to market this land property for the last several years and have not been successful in doing that. I did have one buyer who wanted to develop the site but the planned use of the sites was not acceptable by the Town's Ptanning Board. The owners have tried to develop the property again and again but their planned use was not acceptable to the Planning Board. In the meantime the owners are paying taxes and recently the assessment .�., has been increased so that the tax bill now is even larger. It is a difficult parcel of land to market because of its limited zoning. I now have a very interested patty who would like to purchase the land for automotive sales. Unfortunately the zoning is Light Industrial and there are no provisions for any auto sales business on the site. I would like to have the zoning changed to include automobile sales or services either that or at least obtain a variance for use change. Before the buyer and I proceed in planning for the site we wc7uld like to have assurance that a use permit can be obtained and that the Planning Board does not bcc{>ine again an intransigent body. It is patently unfair to demand tax payments when at every attempt to scil or utilize the property impediments are placed on the developments that are often unreasonable and onerous, Your indulgence would be appreciated. Sincerely yours, Jahn A.Bentkowski N.Y.State Licensed General Real Estae Appraiser #46-2673 A�t0fNEW? \�♦g�� pDF1f L.��f'rj� = Ilr _ r r a F r4--'$ �> TOWN OF ITHACA e,4 215 N. Tioga Street, Ithaca, N.Y. 14850 "-ry 70 www.town.1thaca.11y.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 May 25, 2011 Ed Marx Commissioner of Planning & Community Sustainability Tompkins County Planning Department 121 East Court St. Ithaca, NY 14805 Dear Mr. Marx; This letter is in support of the proposed Sustainability Center located in downtown Ithaca on the Commons. The Town of Ithaca recognizes the value of such a Center as a way to promote and highlight the myriad sustainability efforts underway and thriving in Tompkins County. While our community has long been a leader on sustainability, energy, and social justice, many of the organizations, businesses, institutions, and individuals promoting change and innovation have not always had resources at their disposal to raise awareness, recruit volunteers, and broaden their impact. A centrally located center with multiple partners can serve the needs of our local groups while connecting citizens and visitors with the exciting and relevant efforts taking place in the community. The Town of Ithaca has recently adopted energy and sustainability goals and is working to achieve a reduction in greenhouse gas emissions while advancing sustainability initiatives. The Town would be pleased to serve as a site for service learning projects, and would happily contribute to displays and exhibits that educate visitors on the efforts of local municipalities and provide opportunities for involvement. In conclusion, the Town of Ithaca fully supports any efforts to fund and establish a Sustainability Center in downtown Ithaca. Any effort that connects the sustainability movement with the community members at large supports our goals and gets Tompkins County one step closer to creating a resilient, sustainable place to call home. Sincerely, He ert J. Engen Town Superviso May 31, 2011 SUN -3 �., r°oN a��Tti 2p11 To. Town Board, Ithaca, NY c�R Qq ' Dear Town Board, I am attaching a copy of a letter I sent today to Jim Weber, Highway Superintendent. A letter sent on.April 17 to Creig Hebdon is also attached. Sincerely, 1 Tanya Garger 547 Warren Rd Ithaca,NY 14850 May 31, 2011 To: Jim Weber Highway Superintendent Public Works Dept. Town of Ithaca Dear Mr. Weber, I'm enclosing a letter mailed to Creig Hebdon, P.E. for Town of Ithaca,on April 17, 2011. The drainage problem has still not been resolved. The only thing that was done was the drilling; of a hole in the pavement near my mailbox by John Shepherdson's team. This has done nothing to fix the drainage problem. In fact, it has not even helped improve mailbox access—there is still a large and deep pool of water there after it rains. My mailbox now needs to be replaced(by the Town of Ithaca) as it has become rusted after continually being splashed by passing cars. In addition to the drainage problem, there is another problem that was created by the walkway construction. The curb stone installed across our driveway is too high and too sharp. It cuts into the car tires every time we go in and out, and puts extra wear on the font suspension and alignment of our cars. I'm asking you to please make sure that proper drainage is installed, and that the curb stone problem is resolved to our satisfaction. I'm sending a copy of this letter to the Town of Ithaca Board. Sincerely, Tanya Garger 547 Warren Rd Ithaca,NY 14850 rn* April 17, 2011 To: Creig Hebdon, P.E. Town of Ithaca Dear Creig,. As I mentioned on the phone on April 4`h 2011,there is a problem with a recently installed drainage system which is a part of the Warren Rd Walkway project. After each rain, there is a large pool of water on the road shoulder along the granite curb, and inside my property the length of my front yard. On rainy days I have to step into water(at least 1-2 inch deep) to get my mail out of the mailbox- The standing water is sometimes present more than 12 hours after the rain. My greater concern is about the effect of the street drainage modifications to my house drainage system. As you know, prior to the modifications, the drainage pipes from my property discharged collected water into the ditch along the street. When I spoke with you several times over the course of almost two years of construction, I was assured that the drainage from my property will not be affected by replacing the ditch with a large covered concrete pipe- I was told that my pipes will be connected to the new system, and will function as before. It was also mentioned that the highest elevation along my part of Warren Rd is at my driveway. Seeing the lower part of my front yard flooded with standing water after each rain makes me think that the street drainage system is not properly installed, and that my drainage pipes are not emptying anywhere. Instead they could be filled with the water from the road, in which case it is only a question of time before my basement is flooded too. If this happens, I will hold the Town of Ithaca responsible for any flood damage to my property. This construction project started in the early summer of 2009, and we were told that it would be finished in September of the same year. Unfortunately, it is still not completed. Many of my neighbors and I regret allowing this project to begin, by signing easement paperwork. I request your immediate attention to this drainage problem at my property to arrange the inspection of the work performed and to correct the problems. Sincerely, Tanya Garger 547 Warren Rd 100� Ithaca, NY 14850 Page 1 of 3 Paulette Terwilliger From: Herb Engman Sent: Tuesday, May 31,2011 5:02 PM To: Bill Goodman; E Levine; Herb Engman; NHorwitzContact; PLearyContact; RDepaoloContact; THunterContact Cc: Paulette Terwilliger Subject: FW: Source Water Protection I thought you might be interested in this exchange. I am CCing Paulette for the record. Herb Herbert J. Engman Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 (607) 273-1721 Ext. 125 From: Gould.Stephen@epamail.epa.gov [mailto:Gould.Stephen@epamail.epa.gov] Sent: Tuesday, May 31, 20114:56 PM To: Herb Engman Subject: RE: Source Water Protection Dear Supervisor Engman, Thank you for getting back to me so quickly and for providing so many useful and enlightening details. It's clear that the Town of Ithaca takes source water protection very seriously, and some of the actions the Town has taken could serve as excellent models for other municipalities along the Finger Lakes. All the best, Steve Gould From: Herb Engman<HEngman@town.ithaca.ny.us> To: Stephen GouldlR2/USEPA/USOEPA Date: 05/31/2011 03:24 PM Subject: RE:Source Water Protection Dear Mr. Gould: I am delighted to hear from you and to know that the EPA is interested in protecting Cayuga Lake, other surface water supplies (like the City of Ithaca's and Cornell University's) and well water.To date'the Town of Ithaca has: 1. Created a number of conservation zones, one along Cayuga Lake,that restrict development to one house per seven acres (we expect to increase that to 15 acres in our new zoning)to be completed in 2012 2. Adopted storm water run off regulations that are stricter than New York State's minimum 3. Conduct site plan reviews 6/1/2011 Page 2 of 3 4. Cross-trained our code enforcement officers to know at least the basics of storm water runoff 5. Use the Unique Natural Areas (designated by the Tompkins County Environmental Management Council) in development reviews 6. Almost completed (June, 2011) a permeable surface sidewalk to slow storm water run off ^^ 7. Along with our joint owners, the City of Ithaca and the Town of Dryden, refused to accept fracking water from Pennsylvania. The Town of Ithaca plans to: 1. Enact in 2011 a stream setback law (buffer zone), the width of which is determined by the size of the watershed of each stream 2. Ban gas drilling in 2011 3. Complete a new comprehensive plan which will better protect natural areas and farms The Tompkins County Health Department regulates septic systems. As to recommendations, any of the actions taken or proposed above would be helpful. In addition, more stringent controls on agricultural run-off are needed in the more rural counties. I (speaking just from my personal point of view) would require Cornell University to move its out-fall pipe for its lake source cooling project to the deep part of the lake (It now moves soluble reactive phosphorus from the deep part of the lake and deposits in the shallow southern end). I hope this is helpful. Sincerely, Herb Engman Herbert J. Engman Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 (607) 273-1721 Ext. 125 From: Gould.Stephen@epamail.epa.gov [mailto:Gould.StephenCaepamaii.epa.gov] Sent: Tuesday, May 31, 2011 11:12 AM To: Herb Engman Subject: Source Water Protection Dear Supervisor Engman, I am EPA's regional coordinator of the Source Water Protection Program, a drinking water protection program based on the idea that it makes common sense and is far more economical torp event contamination of water supplies than to have to remediate a source of water or find alternative supplies. I know that theTown of Ithaca purchases water from SCLIWC at Bolton Point and that because the watershed draining into Lake Cayuga is so extensive, SCLIWC doesn't yet have specific program in place to fully protect the water body it draws from; it depends on the vigilance and sense of responsibility of the individual municipalities like Ithaca that comprise the watershed. Is the Town doing anything that could be regarded as source water protection, as protecting the watershed that drains into Lake Cayuga? For example, does the Town of Ithaca have and exercise the power of site plan review? Does it have a program that addresses failing septic systems or, better yet, prevents septic-system failure--for example, by means of suitable homeowner outreach and education? Is the Building Inspector/Code Enforcement Officer trained to recognize potential sources of pollution such as leaking underground or above ground storage tanks and dry 6/1/201 I. Page 3 of 3 cleaners or auto repair shops that improperly dispose of solvents? Some of your residents may be on private wells, and certainly these measures are protective of the aquifer as well as of the watershed. Do you have any recommendations for activities that other towns and villages within the watershed could pursue, to maintain the quality of Lake Cayuga water? Sincerely, Stephen Gould U.S. Environmental Protection Agency 290 Broadway- 24th floor New York, NY 10007 (212) 637-3822 6/1/2011 June, 2011 Dear Governor Cuomo, Speaker Silver, and Majority Leader Skelos: Our constituents, like the majority of New Yorkers,are weary of ever-increasing property taxes.The proposed solution in the form of a 2% local property tax cap, however, is not the answer. It provides no actual property tax relief for New Yorkers,but will produce cuts in services including public education,police and fire departments, road and parks maintenance to name a few.We, as local elected officials who know first hand the needs of our constituents and communities,ask you to modify this proposal. This tax cap proposal is particularly onerous in its failure to.provide exemptions due to the main drivers of higher property taxes that local government can't control. Local government, for example, can't slow the ever-increasing cost of health care or employee pensions. Neither can it change the demand for local public services, such as quality K-12 education, public safety,and well-maintained roads and other infrastructure. These built-in,additional yearly costs will not disappear with a property tax cap and,as a result, necessary and vital services will be eliminated. Lower income communities will be more affected by the tax cap than wealthier ones. Poorer communities have significantly smaller tax levies currently creating tremendous disparities in our schools and communities. The 2% cap,imposed on local voters by Albany,would lock in and exacerbate these inequities. For the wealthier communities,the 2%cap will generate significantly larger revenues than for the poorer communities because they start with much higher tax levies as a baseline. Every year this disparity will continue to grow,the tax cap will increasingly exacerbate the disparities between New York's communities based on income and wealth. The 60% override provision is undemocratic and will also increase inequities. Currently school and local budgets,like other elections and votes, are governed by the concept of one person, one vote where a majority of the voters,or elected officials, have the power to make decisions. Under this provision, 41% of the voters would have more power than 59% of the voters in making local decisions on local school budgets. In towns, cities,villages and counties,the same undemocratic principle would apply to local elected officials.The override provision is in fact a shift of control over local decision-making to Albany. Instead of allowing a majority of local voters or elected officials to decide the fate of their schools and communities,Albany would impose the cap thus overriding the will of 59% of voters or local electeds. Furthermore,evidence from Massachusetts and from local school budget votes in New York indicate that achieving the 60% override will be more difficult in poorer communities,thus further exacerbating the growth in inequities caused by the cap. There are other answers that would both alleviate high property taxes and address the needs of those who can't afford them. Real and meaningful reform to our local property tax system cannot be achieved without maintaining the higher tax rates on wealthy New Yorkers that are now set to expire at the end of December. If millionaires are to receive tax cuts and local resources are to be significantly restricted by Albany,then the only outcome will be cuts in vital services in communities all over New York State.These cuts undermine the vision of restoring New York to its great progressive traditions that so many of us share. There is no argument that property tax relief is needed throughout NYS,the best way to do it is to institute a circuit breaker. However,we ask that our state leaders develop solutions that are equitable and have the least impact possible on the majority of residents and their quality of life. The 2%tax cap proposal currently being considered is neither equitable nor does it preserve people's quality of life and should not be approved. Sincerely, r"� JUJune 8, 2011 10 faWp OF;_�KQA The Town Board of Ithaca, New York 215 N. Tioga Street Ithaca, New York 14850 Re: Revisions to Chapter 205, Property Maintenance, of the Town of Ithaca Code Ladies and Gentlemen of the Town Board: Pursuant to the calendar published for the June 13, 2011Town Board meeting, we, as residents of Muriel Street in the Town, are writing to express our support for the proposed deletions and additions to Chapter 205 of the Town of Ithaca Code. We understand that the new Chapter 205 is designed to bring about Code Enforcement in a more timely and efficient manner, and given the goals of promoting the general health, safety and welfare of the residents of the Town, we feel that the appropriate support has been built into the Code. Thank you for your time and attention to our concerns. Sincerely, Ted Caldwell Kim Milling Marne Einarson June Locke Tracie and Brian Corbin Dick Schmidt Rosie and Norman Adelewitz cc: Bruce Bates Director, Code Enforcement Katherine NL.Edmondson 526 Elm St Ithaca,NY 14850 June 12,2011 To the Members of the Town of Ithaca Board: I have lived at 526 Elm Street Extension since 1995.For many years, the lofts uphill from mine remained dry.The property at the top of the hill had wet areas. Water drainage problems on my driveway and the right-o£-way across my property were minimal,and could be managed by digging shallow trenches across the driveway to channel water to the downhill side of the property. Several years ago,when the land uphill from mine(the Mecenas property)was cleared for building,that changed,and the runoff patterns started to become a problem.When the two houses were built,the drainage issues became very serious.My driveway washed out in places(some of the ruts were 18"deep)and the erosion in my yard increased dramatically.At that time,I had several conversations with staff from the Town Offices,and learned I was not the only one affected.Some of my neighbors experienced flooded basements and other problems associated with the dramatic increase in the water runoff,in places that had previously been dry. Twice,so much water ran along Elm Street(parallel to the road)that it cut trenches on the shoulder so deep I could not drive onto my property.The Town made repairs,and installed multiple catch basins along Elm St to catch the water.They also paved the ditches with asphalt,to prevent further erosion. I hired Mancini-Ferrara to repair my driveway,at considerable expense(roughly $8000). A few weeks later,we had heavy rain and the new gravel washed down Elm St (as far down the road as Haller Blvd.)Mancini-Ferrara repaired my driveway,but this has been a chronic problem ever since.Every time we have an extended period of rain,or have heavy rain, the erosion gets worse.My driveway, an particularly the part which I am legally required to maintain as a right-of-way for my neighbors,has become very difficult to drive on.The Town installed catch basins on both sides of that part of my driveway,where it hits Elm St.,but gravel washes down the driveway and blocks the catch basin that is furthest downhill.When that happens,the Town maintenance workers come with shovels to dig it out.The Town has had to repair the base of my driveway many times,to protect the shoulder of the road.They the monitor those catch basins. A few years ago,Scott Howard(the builder of one of the two houses uphill from mine)dug some trenches with a backhoe to try to redirect some of the surface water away from my property.This helped,but did not fix the problem.Now a lambs, third house is being built on the Mecenas property,and the drainage problem has not been addressed. In my conversations with the Town,I have been told that the drainage issues were the responsibility of the builders.In conversations with the builders,I have been told that they were not required to do more than they have done, and that the problem was the Town's to fix.I am very tired of suffering the consequences of poor drainage,poor water management, and a lack of enforcement of building regulations.I am tired of watching the Town and Mark Mecenas point fingers at each other,so that neither takes responsibility and no one fixes the problem.I am concerned about the effects of this problem on my property,and of its value.I need to maintain the right-of-way across my land,and am extremely unhappy about spending large sums of money to temporarily repair problems I didn't cause--only to see them recur as soon as the gravel is replaced.Please help find a lasting solution to this probleml Thank you,and if you have questions,please feel free to contact me at 277-3873. Sincerely, Katherine M.Edmondson Paulette Terwilliger From: Webmaster@town.ithaca.ny.us Sent: Saturday, June 18, 2011 9:08 PM To: Paulette Terwilliger Subject: Data posted to form 1 of http://town.ithaca.ny.us/Feedback.htm department: Town Board MessageType: Complaint Subject: (other) `- � SubjectOther: Noise problem Username: John Tagg � EL- userstreet: 123 east king road usertown: ithaca UserEmail: jtagg@binghamton.edu UserTel: 607 592 4582 UserFAX: r B1: Submit Comments: Now that the summer weather is here, people want to be outside and some want to listen to music. But public venues are one thing, residential areas quite another. ;':hat can be done about the noise emanating from the outside stage of the Oasis club on Danby_ Road? I live on East King Road but it is a nuisance every summer. Tonight I have called the sherriff's office but they have many other priorities before this. Why should the entertainment of a few be put before the interests of the community? AMN 1 11 OF 12, to 0 TOWN OF ITHACA 18'21 215 N. Tiaga Street, Ithaca, N.Y. 14880 y0 www.town.1thaca.ny.Lis Paulette Terwilliger, Town Clerk Phone: (607) 273-1721 Debra DeAugistine, Deputy Town Clerk pterwilliger@town.ithaca.ny.us Fax: (607) 273.5854 ddeaugistine@town.ithaca.ny.us June 27, 2011 Scott Wiggins, Manager La Tourelle 1150 Danby Rd Ithaca, NY 14850 Dear Mr. Wiggins, The Town of Ithaca received a complaint about noise which apparently was coming from an outdoor musical event held at LaTourelle on Saturday June 18th The Town of Ithaca has a Noise Ordinance which I have enclosed for your convenience. Basically, any amplified noise that can be heard more than 25 feet from.the source and that could disturb neighbors requires a noise permit. Noise permits must be submitted at least 45 days prior to the event. Fines and consequences are listed in the local law. If you have any questions, please feel free to contact the Clerk's Office. SincqrQ11� 7 �.� �l P ulette Terwilliger cc. Herb Engman, Supervisor/ Bruce Bates, Codes Page 1 of 2 Paulette Terwilliger From: Scott Wiggins(scoff 0latourelle.com] 'dp� Sent: Thursday, June 30, 2011 9:07 AM To: Paulette Terwilliger Cc: Bruce Bates Subject: Noise Ordinance Paulette, I received your letter about the noise complaint over the weekend of June 17- 19-when we hosted the Salty Dog 40th Reunion group. I am sorry that you received a complaint, and I am happy to follow up with the neighbor who complained to apologize for their inconvenience.We received one complaint during the event around 9pm and immediately had the sound crew reduce volume. Music ended at 10:30pm on Saturday. was not aware that we needed a sound permit for bands who perform outside.To my knowledge,this is the first time this has come up in our 25 years of being here. We have weddings almost every weekend here and when the wedding group takes the entire hotel we do allow music(live or DJ) outside on the terrace. Our own noise curfew is 10pm for weddings. We want to be good neighbors and follow town rules and regulations, and are seeking clarification on when we need a noise permit. I don't want to be in your offices constantly filing noise permit applications for weddings that we may not need. May I make the following suggestion. - We apply every spring with one noise permit request for any weddings or other"normal" groups that summer that will have outdoor music.This will probably include 3-5 weddings or similar events, and we would outline the dates,times, etc for each wedding group.We never get complaints from neighbors on these events, but I want to be in compliance. We will also file an application for noise permit for any special events - like the Salty Dog Reunion event - which would have professional staging, sound system and live band(s). La Tourelle works very well for indoor AND outdoor music events, and I'd really like to be clear on this issue. I don't want complaints,and I certainly don't want you to get complaints. Lastly- I noted that neighbors need to be advised as we file the application at least 45 days in advance of the event.Any guidance you can give us as to how far away we need to advise neighbors-would be appreciated. ie, from what direction did the recent complaint come from?We point sound speakers west- which is Buttermilk Falls State Park.My neighbors across the street could barely hear music,while those on Comfort Road-may have been more affected. I would not normally view Comfort road residents as neighbors to be advised -so looking fpor guidance here. Is there an easy way to get a list of our neighbors and addresses without going door to door? I am happy to come down and meet with you all to discuss at any time. I am also looking at what we have coming up for the rest of the year in weddings with outdoor music, and will file those applications next week. I'm sorry you received a complaint on the Salty Dog Reunion. It was a magical event, and everyone is still raving about it. Now that I know...we will make sure we file noise permit applications for future events. Cheers....................Scott Scott D.Wiggins 7/11/2011 Page 2 of 2 Managing Director La Tourelle Resort,_august Moon Spa and Simply Red Bistro 1150 Danby Road Ithaca,NY 14850 ,rru, Resort: 607-273-2734 Office. 607-319-5034 Cell: 607-339-1675 [pax: 607-273-4821 scott(Ci,latourelle.corn xvww.Tatourelle.com W',%-W.auUnlstmaonspa.com Nti-N-,r\v.simphvredbistro.com 7/11/2011 Independent EJUN22 2011I� � Cl �i®� QF ITIAA WN CLrR of New York 20 June 2011 Mr. Herb Engman Supervisor, Town of Ithaca 215 N. Tioga St. Ithaca,NY 14850 Dear Mr. Engman: I understand that the Town of Ithaca is considering a ban on hydraulic fracturing. Please accept this letter into your dialogue before you vote, and let me assuage your fears by providing you with the facts you need to make a good decision. The oil and gas industry has been safely operating in Tompkins County for more than 70 years. There are several wells drilled there, the vast majority of which have been completed using hydraulic fracturing, and are still actively producing natural gas. Consider this: based on current pricing and average production results in Pennsylvania,just one Marcellus Shale well drilled in the Town of Ithaca, would have assessed property taxes exceeding $250,000 per year. If this same well was drilled on Town property and the Town received both the royalties and the taxes, the total payments to the municipality would exceed $900,000 annually.* An outright ban would jeopardize revenue for schools, libraries and essential services for the town from an industry which uses little or no government services. Instead of listening to anecdotes and stories that aren't relevant or true, consider this: Hydraulic fracturing is a proven,trusted and highly scientific technology used to extract water, oil or natural gas from deep below the Earth's surface. It has been performed 1.1 million times nationwide over the past 60 years and not a single case has ever led to groundwater contamination. This is important enough to repeat: hydraulic fracturing does not lead to groundwater contamination. At a recent U.S. House Oversight Committee hearing, President Barack Obama's EPA administrator, Lisa Jackson, admitted the environmental risk of hydraulic fracturing is practically nonexistent. "I'm not aware of any proven case where the fracking process itself has affected water, although there are investigations ongoing," she said. The economic benefits—to both our state coffers and to individual landowners— is also compelling: • In 2005, approximately S53 million was paid to primarily rural landowners in the form of ,,,.� royalties on oil and gas production; 38 Lake Street • Hamburg, New York 14075 • Phone (716) 202-4688 . Fax (716) 202-4689 l� Page Two • Local taxes, collected annually on the state's oil and gas production,are estimated to be $13 million, a nearly 10-fold increase over annual tax receipts a decade ago; and • Since 1996, local governments have collected more than $44 million in tax revenues from natural gas and oil production, mainly in Western New York and the Southern Tier. When emotions, not reason, govern decision-making, misunderstandings occur. When the State Legislature last year was caught up in the issue of the safety of hydraulic fracturing, it passed legislation which, as written, would have barred existing safe drilling,jeopardized 5,000 existing industry jobs, and negatively impacted more than 300 employers across the state. Luckily fanner Governor Paterson vetoed the legislation. Natural gas is the raw material of economic growth, and it presents one of the most important economic opportunities that New York has seen in a generation or more—one that will bring benefits to businesses of all kinds, as well as to our region. This is an economic opportunity balanced by stringent environmental protection. Please consider l,.., this before voting to ban hydraulic fracturing in the town of Ithaca and encourage neighboring townships to make informed decisions based on science and fact, and not hearsay. Very truly yours, Bradley R. Gill Executive Director Independent Oil & Gas Association of New York *Estimated, using calculations from the Town of Worcester in Otsego County. Page 1 of 1 Herb Engman From: lalou@aol.com Sent: Wednesday, June 22, 20117:47 PM To: Herb Engman; RDePaolo@ithaca.town.ny.us; SRitter@ithaca.town.ny.us Subject: Ithaca Beer Co, PDZ , etc. After attending the Planning Board hearing on 6/21/11,we have some concerns that we'd like to go on record with. When the original concept of an expanded Ithaca Beer Co. became public,we generally supported the idea as it seemed like a bigger brewery combined with a beer garden/pub and agricultural activity to support the business wasn't a bad idea and would have little, if any, impact on the residential areas surrounding the proposed site. It also was our understanding that the Mitchells would be building a home on the property and this, in our minds,was a positive aspect since there would be an incentive for them to keep their business activities resident friendly. We're now having second thoughts as to the size of the project and, in particular, Mr. Mitchell's comments at the hearing about the potential for one or more additional phases that could add 15-30,000 additional square feet for a total of 45,000Sq. ft. and 140+ parking spaces. What started out as a modest proposal that would have minimal impact on residential neighbors has the potential, if allowed to proceed as presented, to have negative impacts on the neighborhoods proximate to the proposed PDZ. As abutting property owners to the larger parcel, we ask that the scope of the PDZ and proposed Ithaca Beer Co. project be limited to the originally presented 15,000 square feet. Respectfully, Lawrence& Louise Sallinger 14 Peachtree Ln. Ithaca 6/27/2011 536 Elm Street Extension RECEIVED Ithaca, NY 14850 JUN 2'7 2011 June 26, 2011 -TOWN or JTHACA TOWN CLERK Members of Town of Ithaca Board Town of Ithaca, NY 14850 Dear Board Members: I am writing this letter to express my continuing concern regarding development of the properties uphill from my house at 536 Elm St. Ext., Ithaca, NY, particularly, in regard to continuing drainage issues. Problems have occurred since the first house was built in 2003. The developer is Marc Mecena. He built the first house with his landscaper/partner, Scott Howard. Two houses have been built so far, and a third house is in the midst of construction. 1 am attaching a map that shows the location of the properties concerned. When I was first notified of the pending subdivision of the parcels above me in 2003, 1 was respectful of the fact that development of the land was something that would probably happen. My main concern, living on a hill that was full of underground springs and tiles from the farm that used to be located on these properties, was what would happen with the water flow. I called the Town about these concerns and they recommended that I attend the July 15, 2003 Town of Ithaca Planning Board meeting. I went to this meeting and made a statement about the potential drainage issues. Chairperson Wilcox pretty much dismissed my concerns, and stated that drainage would be an issue when and if homes are built on the lot. When the building of the first home began, there was no prior notification, no discussion with any neighbors about drainage or implications -just one day, the house was being built. There were immediate impacts on my and other surrounding properties from this first development, mostly regarding drainage of the property. Water originating from runoff from West Haven road was diverted down the "driveway" that then had a sign, West Haven Drive, put on it. This water rushed down the north side of my property. It settled near the bottom of my land in a huge puddle, due to the ditches constructed by Mr. Howard. On the southwest part of my property, flowing water became a small stream after it rains and cut a diagonal downward and across to the adjacent property owned by Carol Withers (Chupp). The water then deluged the ditch along Kathy Edmondson's property and created a very fast moving flow downward and across the driveway that we share. In June of 2004 the driveway's stone was washed away, creating a ditch that I and a couple of friends had to hand fill with a shovel to get vehicles across. There were also other problems on Kathy Edmondson's driveway above the shared portion that was washed out making it unusable for a time. An underground pipe was z and gravel was washed away. Other issues were experienced by neighbors at that time, included flooding in the basement of 564 Elm St. Ext., Flooding and mud issues at 560 Elm St. Ext., Issues with an open drainage ditch at 562 Elm St. Ext. and drainage issues with downhill water coming down Elm St. all the way down to Haller Blvd. I first spoke with Dan Walker in June of 2004. We discussed how the drainage problem seemed to have been caused by the "driveway" that was approved by the town before it had been discussed with the fire department. According to Dan, the fire department changed the scope of the driveway plans, which basically turned the driveway into a road. The approved plan for the drainage was only for a smaller driveway. Aside from this, Mr. Macenas defoliated the land of small shrubs, trees and a hedgerow. This significantly sped up the flow of run-off ground water from the land they purchased onto adjacent properties, as well as others downhill. I had a running dialogue with Mr. Walker. I called him at least 14 times, spoke with him at least 10 times and met with him at least twice between June 2004 and the end of November 2004. During this time, construction had begun on a second house. Conversations centered on a plan that was being created for the property that was supposed to alleviate the drainage issues. Eventually a water drainage plan was agreed upon that was supposed to mandate a retention pond be built prior to any more construction. Effectively nothing had really been done about drainage, but the "comfort"was that there would be no more building without a retention pond and drainage plan that would alleviate all of our problems. I am including a small segment of the drainage plan that was shared with me by the town. There have been continuing drainage issues since this development. The driveway has continued to wash out and there has been ongoing erosion. Last fall, digging for the foundation of house number three began, as did noticeable changes in the drainage patterns of runoff. Interestingly enough, there was an abandonment of the planned retention pond prior to continued development. The impact from the new construction has created more water flowing onto my property and adjacent properties, as well as by newly built channels of water being discharged towards my property. I have even had sediment and rocks come down onto my property. Instead of talking with the recently retired, Dan Walker, I have been discussing things now with Craig Hebdon. There was an assistant, Christine Taylor, who was supposed to be monitoring the site, but who no longer works for the town. Mr. Hebdon has mentioned how the property did not have to conform to the promised drainage plan because only one house was being built. Mr. Macenas has said he would be co-operative about taking care of the drainage because he wants to be a good neighbor. Mr. Hebdon and Mr. Macenas are always making plans that no one else has seen. There is always the promise of getting together with the different stake holders to discuss solutions, someone is always going to get back to me after they check something out, but this hasn't happened. The building is still going up, and the two channels built by Macenas & Howard still flow directly and forcefully onto my property, causing significant erosion. The roof drains, which will add significant water volume, have not even been hooked up to the "drainage system"yet, and there are already huge problems. Kathy Edmondson's part of the driveway is still eroding fast. Carol Withers (Chupp) is supportive of our efforts to resolve this ongoing problem that concerns drainage directly onto her property as well. I have not been given adequate information to feel confident that this will not, once again be an even bigger drainage problem for me. At no time, since the beginning of developing this property has there been any attempt by the town to bring together any concerned parties so that there is a comprehensive understanding by all involved regarding what is going on. I do not feel confident that the town adequately addressed the water drainage issue prior to granting permits for any of this construction. I am not confident that there is a plan that has been made to alleviate the water drainage that will adequately protect my or my neighbor's property. Enclosed: 1. Photos of some of the water flow and erosion issues. Other photos available upon request 2. Map of properties 3. Portion of map of Drainage Plan shared with me by the town 4. Letter from my neighbor, Kathy Edmondson I am requesting that serious attention be given to this matter, as it is an ongoing problem that is facing several of your constituents. I no longer accept that this is an issue that needs to be addressed during future construction of the upper lots. Please advise me as to what steps will be taken to come up with a satisfactory and verifiable solution. Thank you in advance for your prompt consideration. Sincerely, Cathy Emili n Property Owner 1a. II �' SII M r a Water running down the center of Emifian property from above - . ...... 'Z3 o, A it Water running off of Maecenas Property down middle of Emilian Property �f 4 +r! �� II f e, a F ;f r a. Water flowing through Wither's Property to Edmondson's � y , i v €rf h r r,. Water Flow and Erosion a a x x m * ' ANN @a:l . ON hor p�u) a+ *. w w My House - 536 Elm St. Ext. Arial Photo of land as farm 1938 West Haven Road T— S Soc co 1% (0 ;A 4% C) M So z*9 Lra fA see sZe 0 IA 44 1� cu IA 4 > M, LA �4 0 CU 2 cm c x b W to 0 7R 0> 4k 0 E .6 0 & 10 Sol H4"3 298& cgs %I Z9 257 s MM 0 0 -4 10 i14 > My House My Property M First House Built ecena's Property "Second House Built Edmondson Property, House Currently Being Built Chupp Property Driveway Property Lots Imposed over Aerial Photo �Y i ji law* }its . 14, wn I Retention Pond c V I` • Proposed Drainage map over Aerial Photo As Lt yv�u 'AU-0 bp.,�� k wrr,a` "1.a^'G 'L Gi^ W -- e� Styol,�� k5 ri S 1k- i f ',-�M�c - �,, i S O_U ti Sys.Ll t CASA,1�, wVAt��,Ck . -'r'u.sk v1a. -e ti s o b cwt i�,i sic fir.. +..�.c c,-- 'oa.,,, ovs WIclo 4YV_Lrc.�^_.a,, t�, -Toast. e( 1 owe a �JQ,,ti c�,�1�-�a r t� �`v tt3r,--'d } �s-+� l"A V'h;•.�4l�xTl�v4J� ClJ"��-� `T W�- t�71�-. ' J D` r Atr 70ll. On . ka-A j 1n Cd.- — C ah�A a'v+�,t c,�C C�.a ww.�C r� a i6b nr�q bar CLO OK. ,, n~}. e,c�,,a,f, 4•a *x 'fie e r ru. �•�t9�-�`w ? Co�v� Q u U„,kjw-S,� y'J0 ti SDy" LQ W to wt7- t kx Dv�w� f lel l� P-ah- Q` t C 6 Vzo All won W o'"JO CS ©,r ec UO, cow Sty,� .-� UA2c Paulette Terwilliger From: Herb Engman Sent: Wednesday,July 06, 2011 1:43 PM )To: Paulette Terwilliger To: FW: Belle Sherman Paulette, FYI as Public Records Officer. Herb Herbert J. Engman Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 (607) 273-1721 Ext. 125 -----Original Message----- From: Herb Engman Sent: Wednesday, July 06, 2011 1:29 PM To: 'Susan H. Brock' ; Guy Krogh Subject: RE: Belle Sherman Both of you seem to state that timing is the key and if Katrina's representation does not occur until after the stages mentioned by Guy below I have no objection. It seems to me that CCing this message to Paulette Terwilliger is a good idea so that there is a public record. Herb .-)erbert J. Engman own Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 (607) 273-1721 Ext. 125 -----Original Message----- From: Susan H. Brock [mailto:brock@clarityconnect.com] Sent: Friday, July 01, 2011 9:59 AM To: Guy Krogh; Herb Engman Subject: Re: Belle Sherman This one is up to Herb. Guy is still working on this project for the Town, so I assume no agreements would be made for Katrina's representation until after Guy's work is done and approvals are issued and final If a conflict arises in the future, both the Town and Developer would have to waive it. Susan Susan H. Brock, Attorney at Law 12 Pheasant Way Ithaca, NY 14850 tel. : 607-277-3995 fax: 607-277-8042 14",�brock@clarityconnect.com This electronic transmission contains legally privileged and confidential information intended only for the person(s) named. 1 Any use, distribution, copying or disclosure by any other person is strictly prohibited. If you received this message in error, please immediately notify the sender by telephone at (607) 277-3995 (collect) or send an electronic mail message to brock@clarityconnect.com. In addition, please delete all copies of this message from your computer. f ----- Original Message - )From: "Guy Krogh" <gkrogh@thalerandthaler.com> To: " 'Herb Engman"' <HEngman@town.ithaca.ny.us>; " 'Susan H. Brock'" <brock@clarityconnect.com> Sent: Thursday, June 30, 2011 11:18 AM Subject: Belle Sherman > My partner Katrina Medieros was approached by two local realtors, > representing the Developer of the above project (Agora) . They wanted to > know if Katrina would be the real estate attorney for the units, once sold > and constructed. Obviously, I explained that there was a potential > conflict > here, but research into conflict rules shows that since her work would not > arise until after final approvals, permitting, and the close-out of all > procedures before the Town, there was not a direct conflict. Hence, at > Katrina's request I am writing to inquire if you have any difficulty with > her acting as real estate counsel for these units, once and if built. > > I foresee no problems here, as long as it is absolutely clear that advice > pertain only to the real estate transactions. The risk is that it is > foreseeable that, somehow, there could be a future dispute or compliance > issue regarding infrastructure maintenance or stormwater for or upon which > you would like my assistance. If, in such circumstance, the Developer did > not then waive such future potential conflict, I may then have a future > conflict problem that could prevent me from assisting the Town. > Hence, and while I am in business and have partners for the purpose of making money and expanding the client base of my office, I am more �1 ( concerned > with my relationship with existing clients - particularly municipal > clients. > Hence, if you have any concerns, just say "no" - I only promised I'd check > as there is a potential for a future or contingent conflict of interest, > and > the rules require that I disclose this risk, however improbable or > significant. > > Thanks! > Guy K. Krogh, Esq. > Thaler & Thaler > 309 North Tioga Street > P.O. Box 266 > Ithaca, New York 14851-0266 > Telephone: (607) 272-2314 > Facsimile: (607) 272-8466 > GKrogh@ThalerandThaler.com > www.thalerandthaler.com > CONFIDENTIALITY NOTICE: The information contained in this email message > may > be legally privileged and contain confidential information; it intended > only > for the use of the individual or entity to who it is addressed. If the > reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this message is > strictly prohibited. If you have received this email in error, please > immediately notify us by telephone, fax, or return email, delete this 2 Aena0a,ilci Qw'mlt�� � D Real Estate Appraisers and Consultants JUtQ Post Office Box 611 Tp oN OP, l Ithaca,New York 14851-0611 CA Telephone: 1-607-273-0215 www,ben tkowskiappraisal.corn e-mail:ibentkotugtwcny.rr.com July 6,2011 Town of Ithaca Town Planning Board. 215 North Tioga Street Ithaca,New York 14850 Re: Letter May 11,2011 and Board meeting June 13, 2011 (Re: Vacant Land at the Corner of N.Y. State Routes 13 and 13a Dear Sirs and Madam, In my day and age one usually answers a letter of inquiry or a request for information. This has not been done with respect to my letter of May 11,2011 and the subsequent action or discussion of the Board on June 13 with respect to that letter. In the meantime my client continues to pay taxes on a property that by the action of the Planning Board and the Town Board have prevented him from developing let alone selling the land to prospective buyers. I would like written, signed and notarized statements as to what or what cannot be done with respect to the letter and the property in question both from the Town Board and the Planning Board. 00041 Sincerely yours, /John A.Bentkowski .Y. State Licensed General Real Estate Appraiser #46-2673 cc:Town of Ithaca Planning Board cc.John Alden Stevens,Esquire Page 1 of 2 Paulette Terwilliger From: Herb Engman Sent: Friday, July 08, 2011 9:39 AM To: Paulette Terwilliger Subject: FW: Green pavement for The Byway? Paulette, I am assuming that the e-mail "trail" is OK—that you do not need the original e-mail as well as the response. Herb Herbert J. Engman Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 (607) 273-1721 Ext. 125 From: Herb Engman Sent: Friday, July 08, 20119:38 AM To: 'Jonathan Miller' Subject: RE: Green pavement for The Byway? Hi, Jon. Sorry for the slow reply— I was on vacation for a week and have been scrambling the last couple of days to catch up. I discussed the issue with Jim Weber. He pointed out that permeable pavement takes a lot of sub-surface work such as digging out existing material and refilling with large gravel. The gavel holds some water for slow release after it passes through the 3 inches of permeable pavement. The whole process is considerably more expensive that just asphalt. You can see some permeable pavement at our new sidewalk along Warren Road beginning at Hanshaw. The first short section is traditional asphalt as are the driveways. I doubt that there is a possibility of the Town's sharing the cost of improving a private road. Our attorney is always cautioning us that the Town may not give a gift to others; there must be a clear public (community- wide) good. We can certainly give advice on the porous pavement and help with grant proposals, but taxpayer dollars may be hard to justify. Herb Herbert J. Engman Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 (607) 273-1721 Ext. 125 From: jon.homelands@gmail.com [mailto:jon.homelands@gmail.com] On Behalf Of Jonathan Miller Sent: Tuesday, July 05, 2011 9:41 AM To: Herb Engman Subject: Green pavement for The Byway? 1-11 Herb, The Byway is bactly in need of paving, especially at the western end (nearest Beebe Lake). Road ownership is completcly ambiguous -- a couple. of'sections are partly or Bully included in the house lots nearby while others are just marked "private" on the old maps. The last time the road was paved, about 30 years ago, apparently the Town did the work (oil and stone) at no cost to [he residents. The Town used to plow here, too, but stopped when it b0u0h1 a bigger truck. 7/8/2011 Page 2 of 2 We've been looking into paving options (we've gotten a couple of estimates)but before we do anything rash I thought I'd ask whether the Town might want to go in on this with us. One thought was to see if !� 1 there might be green grant money available for permeable/porous pavement. Drainage has been a concern; a couple of the houses are perched right on the gorge, which is quickly eroding. As it is, stormwater runs onto the little driveway between#10(Cutting) and#12 (Bull, a longtime rental), which is an imperfect solution. We've looked at some papers about porous pavement and it looks like an attractive option for our situation. But it's considerably more expensive (and more work) than conventional pavement. We met a couple of months ago and we're meeting again tonight at the Kotlikoffs' (#11). If you have a few minutes to talk later today, even just to brainstorm, that would be great. Thanks, Jon 4 The Byway Ithaca, NY 14850 USA Home(607)-266-0962 Office (607)-266-8128 Mobile (607)-592-3174 Skype jonathanrmiller 7/8/2011 Page 1 of 1 Paulette Terwilliger From: Kish [kish@librarytools.com] Sent: Saturday,July 09, 2011 11:13 AM To: Herb Engman Cc: Paulette Terwilliger; bsb6@cornell.edu; highway@tompkins-co.org Subject: Damage to Warren Road Guiderail Attachments: Guiderail_i.jpg; Broken Support_1.jpg; Broken Support_2.jpg; Broken Support_3.jpg; Broken Support_4.jpg; Broken Support_5.jpg Mr. Engman: This is a follow up to an email I sent you in February 2011, reporting damage to the guiderail along Warren Road at its intersection with Forest Home Drive. In February you kindly responded to me that you had notified the County about the damage and asked me to contact you if follow up seemed necessary. We had another serious accident at the intersection this morning, and it reminded me to follow up as it is July and the guiderail is still compromised. I have taken pictures which I am attaching here for you and County personnel. As you see there are at least 5 detached/broken supports to the rail. This is on the side of Warren Road along my house at 222 Forest Home Drive, and I think the guiderail on the other side of the road could use some inspection as well. Thank you for your assistance in February. Mary L Kish 222 Forest Home Drive Ithaca, NY 14850 r"V 7/11/2011 Paulette Terwilliger From; Herb Engman Sent: Monday, July 11, 2011 10:43 AM To: Paulette Terwilliger Subject: FW: TB Resolution 2011 Paulette, FYI , Herb Herbert J. Engman Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 (607) 273-1721 Ext. 125 -----original Message----- From: abbely@igc.org [mailto:abbely@igc.org] Sent: Sunday, July 10, 2011 3 :27 PM To: Herb Engman Subject: TB Resolution 2011 Dear Mr. Engman, I was pleased to see that the town is clarifying its intent to continue not to allow gas drilling within the Town of Ithaca. I cannot make the TB meeting but would like to express my support for this resolution and my opposition to gas drilling in the Town. Thank you, Abbe Lyons 154 Westhaven Road Town of Ithaca 1 Department of Assessment 128 East Buffalo Street Jay Franklin Inclusion through Diversity Irene Kehoe Director C` Assistant Director To: Paulette Terwilliger From: Tamara VanOrman c(���01 Re: BAR Determinations Date: July 11, 2011 Attached are the determinations on grievances that were filed at the Local Board of Assessment Review meeting at your town hall.. Our office told the members appointed by your board that we would provide results to the town clerk to distribute. Please provide a copy to Eric Levine and Rich DiPaolo If you have any questions, please feel free to contact me. Mail Address: Tel: 607-274-5517 128 East Buffalo Street Fax: 607-274-5507 Ithaca, New York 14850 assessment@tompkins-co.org http:Nwww.tompkins-co.org/assessmenU P-525-TC Notice of Determination Tompkins County Board of Assessment Review SWIS: 503089 Name and Address of Complainant Tax Map Number. 46.-l-15.28 Parcel Location: 320 Old Gorge Rd Daniel&Christine Decker Parcel Owner: Decker,Daniel&Christine 320 Old Gorge Rd Ithaca NY 14850 The tentative assessed value of $430,000.00 for this property: ❑ has been reduced to an assessed value of Final Land: $71,200.00 Final Assessment: $430,000.00 Q has not been reduced. Your complaint was based upon a contention that your assessment should be changed because of the following: Q Assessed Valuation ❑ Exemption ❑ Classification ❑ Other THE BOARD OF ASSESSMENT REVIEW HAS MADE THIS DETERMINATION FOR THE REASON SET BELOW: ® ASSESSED VALUATION The current full market value of your property was determined to be: $430,000 ❑ The proof of value you presented was adequate. © The proof of value you presented was inadequate because: Q the supporting data was not sufficient to warrant a reduction. ❑ sales were not comparable to your property. ❑ the written appraisal was incomplete. ❑ income and expense statements were ❑ the construction cost details were incomplete. incomplete(income producing property). The uniform percentage of value applicable in this assessing unit is 100%. ❑The proof of assessment ratio that you presented was adequate to support reduction granted. ❑The proof of assessment ratio that you presented was inadequate because: ❑ insufficient evidence was used in calculating an assessment ratio. ❑sufficient evidence was presented by the assessor to refute the residential assessment ratio(RAR)or the State equalization rate. ❑ the State ratios are inapplicable due to a revaluation. ❑the ratio that you presented was not the correct residential assessment ratio(RAR). ❑the rate that you presented was not the correct State equalization rate. The physical characteristics and inventory of your property were determined to be: ❑ Correct ❑ Incorrect The correct inventory should indicate the following: ❑ I EXEMPTION The taxable assessed value was determined to be: $0 ❑ Your request for exemption was granted. ❑ Your request was denied because you do not qualify for that exemption. (Explanation under Additional Factors section on back) ❑ CLASSIFICATION The property class designation was determined to be: ❑ Correct ❑ Incorrect because: ❑ the class designation should be homestead ❑ the class designation should be non-homestead The property class allocation was determined to be: ❑ Correct ❑ Incorrect The class designation should be allocated homestead in the amount of $ and non-homestead in the amount of$ ❑ ADDITIONAL FACTORS Your complaint has been dismissed because of your(or your representative's)willful neglect or refusal to attend this board's hearing or to be examined concerning your complaint or to answer questions relevant to your complaint. Where the court finds that a dismissal is warranted,no assessment reduction is granted. ADDITIONAL FACTORS Factors in addition to or other than those listed that affected the determination were: ❑ stipulated Assessment was determined to be correct based upon the evidence presented. �1 If you are dissatisfied with the determination of the Board of Assessment Review,you may seek judicial review of your assessment pursuant to Article 7 of the Real Property Tax Law(RPTL). If you are an owner of a one,two,or three family residential structure and reside at such residence,or,if you are the owner of unimproved property which is not of sufficient size as determined by your local municipality to contain a one,two or three family residential structure,you may seek small claims assessment review pursuant to Title 1-A of Article 7 of the Real Property Tax Law. Petitions for judicial review must be fled within thirty(30) days of the last date allowed by law for the filing of the final assessment roll for your assessing unit,or the published notice of such filing,whichever is later. Petition forms for Small Claims Assessment Review may be obtained from the County Clerk's Office. July 1,2011 Nom. fdJk Date Chairperson,Board of Assessment Review Vote on complaint: ©All concur ❑All concur except against abstain absent against abstain absent If you have questions regarding this information contact: Tompkins County Assessment Department 128 East Buffalo Street,Ithaca NY 14850 Ph:274-5517 Fax 274-5507 http://www.tompkins-co.org/assessment/ �� P-525-TC Notice of Determination Tompkins County Board of Assessment Review SWIS: 503089 Name and Address of Complainant Tax Map Number. 29.-6-13.5 Parcel Location: 200 West Haven Dr Dawn Woodard Parcel Owner: Woodard,Dawn 200 Westhaven Dr Ithaca NY 14850 The tentative assessed value of $420,000.00 for this property: ❑ has been reduced to an assessed value of I Final Land: $101,000.00 Final Assessment: $420,000.00 © has not been reduced. Your complaint was based upon a contention that your assessment should be changed because of the following: ©Assessed valuation ❑ Exemption ❑ Classification ❑ Other THE BOARD OF ASSESSMENT REVIEW HAS MADE THIS DETERMINATION FOR THE REASON SET BELOW: ©I ASSESSED VALUATION The current full market value of your property was determined to be: $420,000 ❑ The proof of value you presented was adequate. ❑� The proof of value you presented was inadequate because: the supporting data was not sufficient to warrant a reduction. ❑ sales were not comparable to your property. ❑ the written appraisal was incomplete. ❑ income and expense statements were ❑ the construction cost details were incomplete. incomplete(income producing property). The uniform percentage of value applicable in this assessing unit is 100%. ❑The proof of assessment ratio that you presented was adequate to support reduction granted. ❑The proof of assessment ratio that you presented was inadequate because: ❑ insufficient evidence was used in calculating an assessment ratio. ❑ sufficient evidence was presented by the assessor to refute the residential assessment ratio(RAR)or the State equalization rate. ❑ the State ratios are inapplicable due to a revaluation. ❑the ratio that you presented was not the correct residential assessment ratio(RAR). ❑the rate that you presented was not the correct State equalization rate. The physical characteristics and inventory of your property were determined to be: ❑ Correct ❑ Incorrect The correct inventory should indicate the following: ❑ EXEMPTION The taxable assessed value was determined to be: $0 ❑ Your request for exemption was granted. ❑ Your request was denied because you do not qualify for that exemption. (Explanation under Additional Factors section on back) ❑ CLASSIFICATION The property class designation was determined to be: ❑ Correct ❑ Incorrect because: ❑the class designation should be homestead ❑the class designation should be non-homestead The property class allocation was determined to be: ❑ Correct ❑ Incorrect The class designation should be allocated homestead in the amount of $ and non-homestead in the amount of$ ❑ ADDITIONAL FACTORS Your complaint has been dismissed because of your(or your representative's)willful neglect or refusal to attend this board's hearing or to be examined concerning your complaint or to answer questions relevant to your complaint. Where the court finds that a dismissal is warranted,no assessment reduction is granted. ADDITIONAL FACTORS Factors in addition to or other than those listed that affected the determination were: ❑ stipulated Assessment was determined to be correct based upon the evidence presented. If you are dissatisfied with the determination of the Board of Assessment Review,you may seek judicial review of your assessment pursuant to Article 7 of the Real Property Tax Law(RPTL). If you are an owner of a one,two,or three family residential structure and reside at such residence,or,if you are the owner of unimproved property which is not of sufficient size as determined by your local municipality to contain a one,two or three family residential structure,you may seek small claims assessment review pursuant to Title 1-A of Article 7 of the Real Property Tax Law. Petitions for judicial review must be filed within thirty(30) days of the last date allowed by law for the filing of the final assessment roll for your assessing unit,or the published notice of such filing,whichever is later. Petition forms for Small Claims Assessment Review may be obtained from the County Clerk's Office. July 1,2011 Ndw fd� Date Chairperson,Board of Assessment Review Vote on complaint: W All concur ❑All concur except against abstain absent against abstain absent If you have questions regarding this information contact: Tompkins County Assessment Department 128 East Buffalo Street,Ithaca NY 14850 Ph:274-5517 Fax 274-5507 http://www.tompkins-co.org/assessmentl Page 1 of' 1 Paulette Terwilliger From: Herb Engman Sent: Tuesday, July 12, 2011 8:50 AM To: Paulette Terwilliger Subject: FW: thank you Herbert J. Engman Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 (607) 273-1721 Ext. 125 From: William James Sonnenstuhl [mailto:wjs7@cornell.edu] Sent: Monday, July 11, 2011 9:12 PM To: NHorwitzContact; RDepaoloContact; THunterContact; Bill Goodman; PLearyContact; Herb Engman; E Levine Subject: thank you Dear Town Board Members: Thank you for your vote this evening on the zoning ordinance reinforcing that gas drilling has never been permitted in the town and will not in the future. As someone who grew up in the industrial Naugatuck Valley of Ct., I remember when waterways were chemical soups devoid of life and would burst into flames. Since the Clean Water Act, the Naugatuck River runs pure and clean, once again home to fish and other aquatic life. In that context, I have never understood how hydro-fracking could be exempt from the Clean Water Act or any other federal environmental law. So, thank you for your courageous vote to protect the Town of Ithaca. Best, Bill Sonnenstuhl 7/12/2011 Page 1 of 1 Paulette Terwilliger r� From: Bruce Brittain[bruceb2@mindspring.com] Sent: Monday, July 11,2011 12:04 PM To: Herb Engman; RDepaoloContact; Bill Goodman; NHorwitz;T Hunter; PLearyContact; Eric Levine Cc: Susan Ritter; Susan H. Brock; Paulette Terwilliger Subject: Regulation of Natural Gas Exploration DATE: July 11, 2011 TO: Town Board Members CC: Involved Town Staff FROM: Doug and Bruce Brittain RE: Agenda Item#9 Congratulations to all involved with the inspired means of regulating natural gas exploration in the Town. The Resolution seems very thorough, and the proposed changes to the Zoning Code are succinct and should be very effective. Thank you very much for tackling this issue on behalf of Town residents. Although we do not expect to attend tonight's Public Hearing, we do encourage you to vote in favor of this Resolution. 7/11/2011 e,.., > > FROM: Donna Eschenbrenner [mailto:de1743Qhotmail.com] > SENT: Monday, July 11, 2011 2:26 PM > TO: Herb Engman > SUBJECT: Tonight's meeting > > > Dear Herb Engman, > Since I am unable to attend tonight's town board meeting, I am writing to > express my strong desire that the Town of Ithaca indeed pass a law > prohibiting hydrofracking within its borders. I served briefly as a member > of the Tompkins County Water Resources Council, and listened as the very > knowledgeable members spoke (and wrote) about the potential dangers to our > water supply that fracking could pose. Please let us learn from the sad > examples offered by Pennsylvania, Wyoming, Texas, and other states, and > keep our town free of these risks. > Sincerely, > Donna Eschenbrenner > 91 Penny Lane > Ithaca, NY 14850 `*OWN > 607-272-1353 Page I of 2 Paulette Terwilliger 000► From: Herb Engman Sent: Tuesday, July 12, 2011. 11:53 AM To: Paulette Terwilliger Subject: FW: Tompkins Weekly Newspaper Questions Herbert J. Engman Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 (607) 273-1721 Ext. 125 From: Herb Engman Sent: Tuesday, July 12, 2011 11:52 AM To: 'Nicholas Babel' Subject: RE: Tompkins Weekly Newspaper Questions Nick; my answers in bold below. Herb Herbert J. Engman Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 (607) 273-1721 Ext. 125 ....---_ _-___._ _._._---------.------_- From: Nicholas Babel [mailto:nickfreelance@hotmail.com] Sent: Tuesday, July 12, 2011 10:55 AM To: Herb Engman Subject: Tompkins Weekly Newspaper Questions Hello Herb, My name is Nick Babel I'm a reporter for Tompkins Weekly Newspaper. I'm doing a story about the resolution passing last night that would ban Fracking in the Town of Ithaca. I was wondering if you could answer a few questions for the story. The questions are below and if you could get back to me ASAP for my deadline that would be greatly appreciated. Thank you for your time. I will give you a call tomorrow if I don't hear from you by email. Thanks again. Question: What does the resolution prohibit and how is it enforced? Gas drilling and related activities (construction of corepressor stations,production waste treatment and disposal, storage of natural gas, etc.)are prohibited throughout the Town of Ithaca. Any police agency, Town Director of Public Works and Town Code Enforcement Officer can enforce the Iaw. The action Monday night was just a clarification of our zoning law. Our law says that which is not specifically permitted is prohibited and gas drilling has never been permitted in the Town's zoning. Question: What was the reasoning behind the law? The long term economic and environmental future of the Town and its value as a Ago%, wonderful place to live are dependent on Ithaca College, Cornell University, tourism and agriculture. Gas drilling would harm those interests. Furthermore all of the three surface water drinking water sources for nearly 90,000 residents are in the Town of Ithaca: 7/12/2011 Page 2 of 2 Cayuga Lake (Bolton Point),Six Mile Creek (the City of Ithaca) and Fall Creek (Cornell University).Just as the NYS DEC has proposed protecting the drinking water sources of Syracuse and New York City, the Town of Ithaca is obligated to protect our local drinking water sources. Question: How much land in the town has been already leased to gas drillers (if any)? The records at the Tompkins County Clerk's Off ee show 12% of the land in the Town of Ithaca is leased. This is probably a low figure as there is sometimes a considerable delay between leasing and its recording. Question: Will it hold up in court? Yes. The State of New York, through Home Rule authorizes municipalities to enact zoning. Furthermore, we are not regulating the gas industry; we have merely concluded that gas drilling can not be allowed in any of our zones because of its potential damage to our other interests. We are obligated to try to protect the best interests of Town residents. Question: Is this ban similar to the one Dryden is looking to pass? Are you working with other local municipalities on legislation like this? We have worked with the Towns of Dryden and Ulysses to share legal advice and with the Tompkins County of Governments(TCCOG) on background information. Each town will probably enact slightly different laws since our individual circumstances vary. The end effect should be very similar, however. 7/12/2011 Page I of 2 Paulette Terwilliger From: Herb Engman Sent: Tuesday, July 12, 2011 9:13 AM To: Paulette Terwilliger Subject: FW: Drilling ban in Ithaca Herbert J. Engman Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 (607) 273-1721 Ext. 125 From: Herb Engman Sent: Tuesday, July 12, 2011 9:12 AM To: 'Shawnee Barnes Emmett' Subject: RE: Drilling ban in Ithaca Shawnee, those who have signed leases will get their lease payments until the gas company decides to terminate them, but will not be able to let gas companies use their land for drilling sites, compressor stations, etc. If they are near an area that might be drilled (e.g., near a town boundary where gas drilling is permitted), the land owners might still be able to collect royalties for the gas taken from below their property as part of the compulsory integration mentioned last night. Horizontal wells can draw gas from a mile in each direction. There is a theory that towns can ban gas drilling only in certain districts under the Home Rule zoning powers granted by the state. The Town of Ithaca has looked at that and decided that there are no zones that could accommodate gas drilling without causing unacceptable damage to the economic and environmental nature of the Town and the duality of life our residents have come to expect. We think our ban will hold up in court because we are not attempting to regulate the industry; we are saying it doesn't mesh with the future well-being of the Town, We are dependent on education (Ithaca College and Cornell University), tourism and agriculture for our long-term prosperity. We also have three surface drinking water sources in the Town (Cayuga Lake— Bolton Point, Fall Creek - Cornell, and Six Mile Creek - the City of Ithaca) serving nearly 90,000 residents and we have an obligation to protect those supplies just as the DEC has proposed protecting the drinking water sources for New York City and Syracuse. Helen and David Slottje are both attorneys and have been working full-time for a year or more on the legal aspects of gas drilling in NYS. They have ably advised many municipalities concerning gas drilling. Herb Herbert J. Engman Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 (607) 273-1721 Ext. 125 From: Shawnee Barnes Emmett [mailto:sbemmett@gmail.com] Sent: Monday, July 11, 2011 9:30 PM To: Herb Engman Subject: Drilling ban in Ithaca . Hi Herb, Thanks for talking the time to ~peak with nye after the meeting! I have a few questions about the zoning amg amendment regarclina prohibiting, gas drillings in the town of Ithaca. For people who'vc 7/12/210 1 1 Page 2 of 2 already signed leases, how does this affect them? Can you really ban it in all parts of the town?And, how will your local ban hold up in court if it's challenged since municipalities can't regulate these kinds of industries?Lastly,what was the name of the family you mentioned, and thanked, for their work regarding the ban? My deadline is Spm on Tuesday! Thanks so much! Shawnee 7/12/2011 TO: Herbert Engman, Town Supervisor (to Town of Ithaca From : Salvatore and Rosalind Grippi rQ° °ctRKcp 9 Orchard Hill Road Ithaca, New York 14850 Dear Mr. Engman, Both buildings, Schoolhouse and Chapel, are now vacant and provide opportunity For contemplative viewing—hopefully toward a solution that will work(for the continuing care of the buildings (and the adjoining cemetery as well?). We appreciate your concerned response for the future of the Schoolhouse and Chapel. We thank you, and the Planning Board, for the many deliberations and conclusions on the zoning . Last week we invited Mr. Scott Callan of The History Center to view the Chapel and Schoolhouse. We hope that such visits will help toward a solution for the future preservation and use of the buildings. We invite you, and other concerned persons or agencies you might recommend , to visit the property (now that the buildings are vacant). We will be hapP6 to open the doors for appointments. Our phone number is (607) 275-0937. With best wishes. Sincerely, Salvatore and Rosalind Grippi Copy: Susan Ritter, Town Planner Paulette Terwilliger From: Herb Engman Sent: Wednesday, July 13. 2011 4:43 PM To: Lawrence Stein Cc: Paulette Terwilliger Subject: RE: Drilling Ban Thanl-s for the positive feedback. Maybe you can beat back the industry in Tioga County. If not, Ithaca is a wonderful place to live! Herb Herbert J. Engman Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 {607} 273-1721 Ext. 125 -----Original Message----- From: Lawrence Stein [mailto:lstein2@stny.rr.com] Sent: Wednesday, July 13, 2011 12:43 PM To: Herb Engman Subject: Drilling Ban Mr. Engman: Congratulations for the Board's decision to ban gas drilling within the confines of the Town. I am hopeful that the surrounding towns will follow through on their plans to do the same. As I live along the Susquehanna River and I-86 in Tioga County - right in the heart of future drilling activity - I am greatly concerned about threats posed to my residence and my community. In fact, my wife and I are contemplating a move to the Ithaca area if gas drilling is banned there. Thank you and the board for showing the leadership necessary to preserve your community and its environment. Larry Stein Town of Owego 1 Face I of 1 Paulette Terwilliger From: Herb Engman Sent: Thursday, July 14, 2011 8:18 AM To: Paulette Terwilliger Subject: FW: Thank You Herbert J. Engman Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 (607) 273-1721 Ext. 125 From: Herb Engman Sent: Thursday, July 14, 20118:18 AM To: 'rkotaska@aol.com' Subject: RE: Thank You Thanks for the expression of support. I suspect Dryden and Ulysses will follow suit within a month and Caroline and Danby may be able to do something early next year. A critical mass will help contend with both the industry and the Sate of New York. Herb Herbert J. Engman Town Supervisor Town of Ithaca 215 North Tioga Street �- . Ithaca, NY 14850 (607) 273-1721 Ext. 125 From: rkotaska@aol.com [mailto:rkotaska@aol.com] Sent: Wednesday, July 13, 20118:40 PM To: Herb Engman Subject: Thank You Mr Engman, I would like to take the time to thank you for the ban you imposed yesterday. We need more people like you in office, who see past short term gains and see the bigger picture. My only hope is that your move will lead other surrounding communities to act in a similar manner. Regards, Rob Kotaska 7/14/201 1 Paulette Terwilliger From: Rich DePaolo [rd@richdepaolo.com] Sent: Wednesday, July 13, 2011 4.56 PM To: Herb Engman Cc: Paulette Terwilliger; Bill Goodman; E Levine; Herb Engman; NHorwitzContact; PLearyContact; THunterContact Subject: RE: Gas drilling in the Town of Ithaca A little background on the Young Bros. Several years ago, I was hired to produce a couple of tunes for Jack (John) and his brother Jim using local musicians. Apparently, they had a garage band in their youth and wanted to hear what the music sounded like with "real" musicians playing it. Everyone was paid handsomely. I then came to learn that Jack and Jim make their living speculating in oil and gas futures. At one point they actually had a couple of wells in Pennsylvania and a small cadre of investors. It's no shock that Jack would come to the defense of the industry in some way. I couldn't find any information about the well he is referring to near Wegman's, but the other well was in conjunction with Remington Salt Co. , formerly on the peninsula where our Town park is on the East Shore. There is a summary of Town of Ithaca drilling activity here: http://esogis.nysm.nysed.gov/esogis/search.cfm?t=town--e-Ithaca Tompkins County here (no hits on the City) : http://esogis.nysm.nysed.gov/esogis/search.cfm?c=a&t=COUNTY-e-Tompkins&oc=5&pg=1 > -------Original Message------- • From: Herb Engman <HEngman@town.ithaca.ny.us> > To: John Young <Jack@Youngbros.com> > Cc: Paulette Terwilliger <PTerwilligeratown.ithaca.ny.us>, Bill > Goodman <billgood@juno.com>, E Levine <ELevineTown@gmail.com>, Herb Engman <HEngman@town.ithaca.ny.us>, NHorwitzContact <nhorwitz@syr.edu>, PLearyContact <PL17@cornell.edu>, RDepaoloContact <rd@richdepaolo.com>, THunterContact <tdh12344@hotmail.com> > Subject: RE: Gas drilling in the Town of Ithaca > Sent: 13 Jul 'll 3:56pm > Dear Mr. Young: > > You bring up a good point: the area near Wegman's was once part of > the Town of Ithaca, but is now part of the City of Ithaca. I'm not > certain where the old East Shore Sailing Club was. > > > Nonetheless the statement below is still accurate. Zoning was not > enacted until the mid 1900s. The official record shows that there was > a saline well drilled in 3888 (possibly the well near Wegmans?) , a "dry hole" > in 1901 (the East Shore Drive one? Again for saline?) and two in the > early 2000s by the Museum of the Earth for geothermal. Thus, no oil > or gas wells were ever issued permits under the Town of Ithaca zoning. > Sincerely, 1 > > Herb Engman > Herbert J. Engman Jl> > Town Supervisor > Town of Ithaca > 215 North Tioga Street > Ithaca, NY 14850 > (607) 273-1721 Ext. 125 > -------------------- > > FROM: John Young (mailto:JackmYoungbros.com] > SENT: Wednesday, July 13, 2011 9:38 AM > TO: Herb Engman > CC: Paulette Terwilliger > SUBJECT: Gas drilling in the Town of Ithaca > Mr. Engman, > Just FYI - there were two gas/salt wells drilled in the Town of > Ithaca years ago, at least one of which would have gone through the > Marcellus shale. One location is in a parking lot just south of Tops > and Wegmans, the other at the old East Shore Sailing Club. So the > following quote in today's paper really wasn't accurate. "The town had not previously permitted gas or oil drilling, but the > amendment clarifies the language in the zoning bylaw to make it clear > that it will not be allowed in the future, said Town Supervisor Herb Engman. 11 > Maybe you could get the County Historian to fill you in on the > history of oil and gas drilling in the county. More than 50 wells > have been drilled over time, and two producing gas fields were > discovered in the 1940s, one in Danby and the other on the > Groton/Lansing Town line. Gas was _also_ found in Lansing in the > 1970s, so the history of the industry locally is a little more involved than most residents appear to believe. > John Young l l 2 Pane 1 of' 1 Paulette Terwilliger From: Herb Engman Sent: Friday, July 15, 2011 8:06 AM To: Paulette Terwilliger Subject: FW: Thank you Herbert J. Engman Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 (607) 273-1721 Ext. 125 From: gary mallow [mailto:garymallow2004@yahoo.com] Sent: Thursday, July 14, 2011 4:40 PM To: Herb Engman Subject: Re: Thank you Astonishing is a good term. I've seen photos. I agree it needs to be regulated (I was about to write, "stopped" but let's be real). Once the money starts flowing to landowners, whatever window of opportunity we have will close. I doubt anyone will be able to stand in the way of people getting their royalty checks without being run down, and possibly even run out of office. I've heard it compared to heroin addiction. Probably you have, too. Have you considered higher office? Gary From: Herb Engman <HEngman @town.ithaca.ny.us> To: gary mallow <garymallow2004@yahoo.com> Sent: Wednesday, July 13, 2011 8:52 AM Subject: RE: Thank you Thanks for the support, Gary . I think a few more towns in Tompkins County will follow. I just spent a week in the Allegheny National Forest . While there are only a few horizontal hydrofracked wells, the number of new conventional gas and oil wells is astonishing. The forest is even more criss-crossed with access roads. This is an industry that needs very heavy regulation and we don't have that yet. Herb Herbert J. Engman Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 (607) 273-1721 Ext. 125 From: gary mallow Emailto:garymallow2004@yahoo.com] Sent: Wednesday, July 13, 2011 6:21 AM To: Herb Engman Subject: Thank you Thank you, Herb. You're only one town, but perhaps others will follow. Great leadership. Gary 7/15/2011 Paulette Terwilliger From: Herb Engman Sent: Monday, July 18, 2011 8:48 AM To: Cora Ellen Luke Cc: Paulette Terwilliger; Bill Goodman; E Levine: Herb Engman; NHorwitzContact; PLearyContact; RDepaoloContact; THunterContact Subject: RE: thank you Thank you for the expression of support. I am passing this message along to other members of the Ithaca Town Board. We hope that our initiative will enable other towns to also ban gas drilling. There may be two more within a month or so and hopefully a couple more early next year. Herb Herbert J. Engman Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 (607) 273-1721 Ext. 125 -----Original Message----- From: Cora Ellen Luke [mailto:CoraEllen@gmail .com] Sent: Saturday, July 16, 2011 12 :10 PM To: Herb Engman Subject: thank you Dear Mr. Engman and all town board members who voted similarly: I am a resident of Ithaca for 14 years and hope to be for many years to come. Many many thanks for your voting to man hydrofracking in our town. A courageous vote - so rare in politics and leadership these days! Cora Ellen Luke Ithaca, NY 1 Pace 1 of 2 Paulette Terwilliger From: Herb Engman Sent: Monday, July 18, 2011 1:23 PM To: Paulette Terwilliger Subject: FW: Town of Ithaca noise ordinance? Herbert J. Engman Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 (607) 273-1721 Ext. 125 From: Herb Engman Sent: Monday, July 18, 2011 1:23 PM To: 'Helen Lang' Subject: RE: Town of Ithaca noise ordinance? Helen, I am informed by staff that Six Mile Creek Winery is included in the Ag and Markets Agricultural District. Our noise law states that "C. The provisions of this section shall not apply to lawful farm operations on lands the principal use of which is as a farm and which are located within a county agricultural district created under the provisions of Article 25-AA of the New York State Agriculture and Markets Law. " Staff further says that"Yes, percussion cannons are used to scare off birds at wineries. Yes, Six Mile Creek Winery would meet the requirements of exception C. The only thing that could be done is to ask them not to do in the early am, but that is when the birds are most active." The best thing might be for you to have a private conversation with the Winery folks. Herb Herbert J. Engman Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 (607) 273-1721 Ext. 125 From: Helen Lang [mai Ito:LangH@tc3.edu] Sent: Friday, July 15, 2011 10:21 AM To: Herb Engman Subject: Town of Ithaca noise ordinance? Dear Mr. Engman, I'm a resident and home owner in the Eastern Heights neighborhood. This morning at around 4:45 a.m. I was woken up by the noise of what sounded like an air cannon being fired at least a dozen times. The noise even woke my teenager, which is saying a lot. I believe the noise may be coming from an air cannon being used at Six Mile Creek Vineyards. I've been woken up a number of other times this summer in the 5:00-5:30 a.m. range, but I have never been able to figure out what woke me up before. Unfortunately, getting woken up at that time of the morning results in me not being able to get enough rest before I have to get up at 6:00 to get ready for work, so the noise has become a nuisance and is impacting my health. 7/221201 1 Page 2 of 2 Does the Town of Ithaca have a noise ordinance,or is there anything else I can do about nuisance noises in the early morning hours? I haven't spoken with the owners of the Vineyard yet. Thanks, Helen Lang Helen Lang Office of Student Success and Advisement Services Tompkins Cortland Community College Phone:607.844.8222, Ext. 4521 Fax: 602844.6541 7/22/2011 Paulette Terwilliger From: Herb Engman Sent: Monday, July 18, 2011 10:28 AM To: Paulette Terwilliger Subject: FW: Hanshaw rd speed Herbert J. Engman Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14SSO (607) 273-1721 Ext. 125 -----Original Message----- From: Herb Engman Sent: Monday, July 18, 2011 10 :27 AM To: 'jwishart3gtwcny.rr.com' Subject: RE: Hanshaw rd speed John, I communicated with Sheriff Lansing who said Hanshaw is on their list for increased patrol and he will remind his officers. Please let me know if you notice any difference. I have put off talking further with Cayuga Heights because there has been a county-wide effort this summer by all police agencies to focus on trouble spots across the county. All police departments are stretched thin and respond only to one initiative at a time. If the county-wide effort does not yield results, I plan to approach all the police agencies again. Herb Herbert J. Engman ""m`"'"own Supervisor town of Ithaca 215 North Tioga Street Ithaca, NY 14850 (607) 273-1721 Ext. 125 -----Original Message----- From: jwishart3Gtwcny.rr.com (mailto:jwishart3@twcny.rr.coml Sent : Saturday, July 16, 2011 6:58 PM To: Herb Engman Subject: Hanshaw rd speed Hi Herb My wife and I just went for a walk along Warren to the Northeast path and down Hanshaw. When we were walking on Hanshaw we had to get out of the way for speeding cars a number of times. Is anything going to be done about the speeding on this road. It was nice walking on Warren with the sidewalks. What is happening with the sidewalks . Have you contacted Cayuga Heights about patrolling this road as you said you a.,ould. Sincerely, John Wishart 1 O I TOWN OF ITHACA 18 21 215 N. Tioga Street, Ithaca, N.Y. 14850 ftp Yom www.town.1thaca.ny.us (D Town Supervisor(607)273-1721, Ext 125;HEngman@town.ithaoa.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 19, 2011 John A. Bentkowski Bentkowski Appraisal Associates PO Box 611 Ithaca, NY 14851-0611 Dear Mr. Bentkowski: As you indicate in your letter of July 6, 2011 the Town Board of the Town of Ithaca at its June 13, 2011 meeting considered your written request that the parcel of land at the corner of Routes 13 and 13A be rezoned. There was no interest expressed in pursuing that option. Also in your July 6 letter you ask what can be done with the property. The guidance for use is contained in the Town of Ithaca Zoning Code and I am informed that Planning Department staff has twice presented that zoning material to you. Per the Town's Zoning Code, the purpose of the Light Industrial Zone is "to permit, where appropriate, the construction of research and development oriented industries, high technology enterprises, light manufacturing facilities, and other moderately intensive industrial activities which would not generally be appropriate in residential areas but which may require the same level of separation from residential areas as more intensive industrial uses." Permitted uses in the LI Zone include: • Administrative or professional offices • Industrial uses employing electric power or other motor power, or utilizing hand labor for fabrication or assembly • Indoor warehousing and indoor storage, including self-service storage facilities • Printing, publishing, and bookbinding • Research and development facilities using office spaces, indoor laboratories, and other similar indoor spaces • Amateur radio facilities • Small wind energy facilities However, there are some unique physical characteristics at 602 Elmira Road that present ,,�, a challenge to an applicant seeking approval for many of the above permitted uses: • First, approximately one third of the site, particularly the north and west portions, contains steep slopes and somewhat un-natural fill mounds in various stages of natural re-vegetation — this is due to the NYS Route 13/Route 13A intersection and Cayuga Inlet bridge reconstruction projects that happened in the mid 1990's. Applicants would need to locate facilities away from the steep slopes • The property also contains a stream that is a tributary to the Cayuga Inlet. The steam runs exposed on the west side of the property, then is piped underneath and across the property to an outlet culvert located on the northeast side of the property, where it again flows exposed along adjacent properties to the northeast. The stream then filters into a NYS DEC regulated wetland and Unique Natural Area located on the east side of Five Mile Drive. Some of the most significant slopes found on the property are located along the stream bank in the north and west areas. Again, applicants would need to locate facilities away from the slopes and provide adequate stormwater management facilities to avoid impacts to the stream. • The property borders two State roads, both of which have somewhat large rights- of-way extending into the property. Any development proposals for the property would need to take into consideration setbacks from the rights-of way, in addition to any other setbacks generally required in the LI Zone (listed in the Zoning Code). • Finally, the NYS DOT would likely not permit a curb-cut for any proposed access onto NYS Route 13 from this property. Proposals would need to provide site access from NYS Route 13A (Floral Ave) and would need to take into consideration sight distances from the Route 13/Route 13A intersection. From our understanding, this is not impossible to achieve and smaller proposals should be able to accommodate the limitation (of course, the NYS DOT would need to confirm this). Best wishes for finding an appropriate use for this site that conforms to our zoning code. Sincerely, eo4rbrt J. Engman wn Supervisor jiE1VE0 L Jul. 2G 2011 tC;vVN OF ITHAGA : CLERK Lifelong July 22,2011 Herb Engman, Supervisor Town of Ithaca 215 North Tioga Street Ithaca,NY 14850 Dear Herb, It is.my:privilege to write to you as the Interim Executive Director at Lifelong (DBA for Tompkins County Senior Citizens Council, Inc.)to request continued funding from the Town of Ithaca in 2012. For the first time, since fall 1977 1 am a resident of the Town, so speaking as a constituent I warmly recommend Lifelong's outstanding services to you and the members of the Town Board and extend our organization's thanks to you for your support. Lifelong respectfully requests Town funding in 2012 in the amount of$9,680, the same amount granted in 2011. In 2010,.Townlof Ithaca residents participating in Lifelong sponsored programs were as follows: ♦ 613 took part in regular weekly activities at Lifelong. ♦ 208 participated in our Lifelong Learning program. ♦ .132'participated in Retired and Senior Volunteer Program, including 16 new volunteers in 2010. Town;of Ithaca volunteers -served at 35 different agencies and programs. At Lifelong, RSVP volunteers ran the gift shop and ledLifelong Learning courses, prepared tax returns for low-income and elderly residents,counseled residents on their Medicare and supplemental insurance options, and provided_one-on-line bill payer assistance through our Check It! program. Other favorite volunteer _ placements include Friends in Service Helping to transport needy individuals to medical appointments, the Service League thrift shop, and the Ithaca Kitchen Cupboard food pantry at Salvation Army. Town of Ithaca residents are also served by each of these RSVP volunteer services. 460 town residents participated in the AARP Safe Driving Class at Lifelong in 2010. (AARP offered 8 fewer classes in 2010 than 2009) l io._ 603 participated in senior citizen community group activities in two groups located in the Town of Ithaca in what.we call the Northeast Unit. Town residents often participate in programs and senior citizen groups located in nearby towns due to the area's geography and town lines. Lifelong provides C oordination, and staff assistance to independent senior citizens groups throughout the county. Lifelong:does not provide direct financial support to the community groups. ♦ Barg Warner:reopened its pool to o& participants in 2010 from Memorial Day to Labor Day; 112 Town of Ithaca residents participated. =itr7c' � llrogr:;r:y 33.•peopler:took part in our •Walking:& Fitness Program. Due to rainy conditions only 24 of the scheduled walks took place, leaving us with eight fewer walks than 2009. Enhoncing the Second Hoff 119 West Court Street,Ithaca,New York 14850 607-273-1511 Fax 607-272-8060 E-mail: lifelong@tclifelong.org www.tclifelong.org RSVP �'� ♦ For the first time in several years we have been able to obtain accurate data about Town of Ithaca residents who have received flu shots from clinics conducted by County Health Department and assisted by Lifelong. Out of 1,256 seniors served at these clinics 108 were Town of Ithaca residents. Since 90%of all influenza deaths occur in the elderly,this program is an essential part of our mission. ♦ 123 Town residents, a sharp increase from 80 last year,received Health Insurance Counseling during 2010. ♦ In 2011, 151 Town of Ithaca residents received free tax counseling from Lifelong. Six of these individuals were unable to travel and received home visits by trained volunteers. Overall, the tax program helped 812 senior and low income individuals receive refunds over $467,000. Town of Ithaca residents received $56,928 in state and federal refunds. In addition, the tax program saved families $41,165 in tax preparation fees based on client estimates and 99%of clients felt less anxious about tax filing with their taxes completed by TCE volunteers. ♦ 3,092 Town of Ithaca senior citizen households receive the quarterly newsletter"Senior Circle". The newsletter provides useful information on Tompkins County aging services and programs, as well as helpful tips for keeping fit. ♦ Our weekly radio program aired on WHCU 870 AM reaches 8,700 area residents according to Cayuga Radio Group. The program not only keeps seniors informed about programs and services offered by Lifelong, but also disseminates information about other programs and services to seniors such as Foodnet, Gadabout, County Office for the Aging, etc. It would be difficult to estimate the number of listeners from the Town of Ithaca,but certainly many of our regular listeners are residents of the Town. Through Lifelong Town of Ithaca residents have access to health insurance counseling, tax counseling, health screening clinics, safe driving courses, summer swim program in collaboration with Borg Warner, discounted bus tickets, photo copying, travel program (103 town residents) and most importantly a ~� friendly and helpful staff who answer numerous questions and help Senior Citizens access other services �1 they may need. I've included a copy of our 2010 Annual Report, and a copy of our Audited Financial Statements. And I've also enclosed the Outcome Model used by the United Way, and Geographical Distribution Chart, which shows the number of participants for Town of Ithaca as well as for all the other towns in the county. Lifelong is an Assumed Name on file with the Department of State, our Legal and Corporate Name remains Tompkins County Senior Citizens'Council,Inc. Please let me know if I can provide you with any more information about Lifelong. I can be reached at 280-7447. Thank you. Sincerely, Scott Scott Heyman Interim Executive Director Cc: Al Carvill 10� 132uc � � ref/ ^ 7ni ��i=5ac/�Ff RECEIVED COPY AUG 10 X011 TOWN OF ITHACA ro�vry c��RK �'•* 31 July, 20 Tn the past few months, there have been several accidents and near misses on lower Hayts road, all because of the posted speed limit of 55, which is far too high. For example, a car behind a stopped school bus was rear-ended by a speeding car; the daughter of a Hayts road resident was narrowly missed by a speeding car; a car was hit by a passing car exceeding the speed limit; several cars have crashed into ditches because of excessive speeds. Furthermore, there are several bicyclists, runners and walkers on Hayts road. Finally, after speaking with all the signatories, every one of them had a story to tell regarding the excessive speed limit. As Hayts road has seen an increase in development these past few years, a speed limit of 55 is dangerous to the residents as the majority of drivers either drive at 55 or exceed the speed limit. We do not feel safe as the speed limit is too high, there are several blind spots, and the posted speed limit is constantly being abused. We respectfully recommend the speed limit be dropped to 45mph. Thank you for your consideration. PETITION TO REDUCE SPEED LIMIT ON HAYTS ROAD. We the undersigned,who are residents of Hayts Road,request a reduction in the speed limit. The present speed limit of 55 mph is far too high as there are areas of limited visibility, more residences,more children, and an increase in traffic. There have been accidents and several near misses due to the conditions on Hayts Road. We would like the speed limit reduced to 45 mph on Hayts Road between Route 96 and Sheffield Road. ji 2. 3. �` 0 4. 5. { 6. 7. 8. 9. 12. J � 13. � 2 ez'l- 14. 15. 17. 7 2- Z Z7C OF tr, H TOWN OF ITHACA 18214. 215 N. Tioga Street, Ithaca, N.Y. 14850 Yd4� www.townALhaca.ny.t.ts Paulette Terwilliger, Town Clerk Phone: (607) 273-1721 Debra DeAugistine, Deputy Town Clerk pterwilliger@town.ithaca.ny.us Fax: (607) 273-5854 ddeaugistine@town.ithaca.ny.us August 1 , 2011 Bruce Rich 253 Dubois Rd Ithaca, NY 14850 Dear Mr. Rich, I received your letter dated July 28, 2011 regarding the opening of Town Hall for the issuance of marriage licenses on Sunday, July 241". Your major complaint seems to be the opening of Town Hall on Sunday and the associated costs. There were no costs associated for my services. I am paid the same whether I work 40 hours or 60 hours. As for Town Hall costs, they are minuscule and Town Hall itself is routinely opened after hours for actual wedding ceremonies, meetings and events that are open to the public. If you disagree with the law, that is your right, but there were no costs incurred and I have received far, far more thank you's than complaints. Sincerely, py Pauletfe Terwilliger Town Clerk .r co ¢ � � � tT N � o . o r- o u v 1E a "- r U cd cz E-- V6 4� � a IA' co c[S >— o t — z o ° � � � p � >. lco � oa co co cn r— (1) O w � � �h I o X � U U cts ^� 0 CO 10 co 1 CO U ''Y N ca `) .1 _1 AUG,-03-2011 WED 02; 10 PIS VP STMENT AFFAIRS FAX N0, 6072741728 P. 02 A Welcome Back E-mail to IC Olt-Campus Students Subject: Welcome Back E-mail to Ithaca College Off-Campus Students Carolyn Peterson, Mayor Cc: Annie Sherman(asherman@cityofithaca.org) Ed Vallely, Chief of Police Ken Lansing, Sheriff Herb Engman,Town Supervisor John Graves, President of South Hill Civic Association Patty Porter,Neighbors of Ithaca College Scott Nachlis, President, SGA cc: Rory Rothman I hope your summer has been enjoyable and that each of you has boon able to catch some vacation time in the middle of all of yoru responsibilities. As we get ready to welcome our students back for another academic year, I wanted to share with you an a-mail that we have drafted and are proposing to send out to all Ithaca College students who reside off campus. This e-mail message is similar to the one we sent last year. We have attempted to combine various messages into one communication that is comprehensive yet direct. We are also directing our students to the Office of Residential Life website where they can consult the Off-Campus Housing Guide that contains valuable information for them on living off-campus,resources,services, etc. If you agree on the e-mail, we would like to send this communication to our students on Friday, August 19th. Please let me know if you have any feedback by Wednesday; August 17th. Thardcs. If I don't hear from you, I will assume the e-mail is okay with you. Also, Rory Rothman and I have sent the second e-mail that is attached to all off-campus students a few days afterwards. Please review it also and let me know if you have any suggested changes or additions by Wednesday, August 17`x' as well. The focus of this e- mail is to explain our protocol for following up with students who have been ticketed off- campus and to accentuate the Town and City noise ordinances. This information has been effective at educating our students about their responsibilities and consequences for irresponsible behavior. Thanks so much for your assistance, Please let me know if you have any questions. We are looking forward to a positive and problem-frec year. Brian McAree Vice President for Student Affairs and Campus Life AUG-03-2011 WED 02:11 PH VP STUDENT AFFAIRS FAX N0, 6072741728 P, 03 C E-mail to OFF-Campus Students with ITHACA city address (excluding those students who are away for special program—LA, London, Washington, and Study Abroad programs) Subject: Welcome Back August 2011 Dear Ithaca College Off-Campus Student: We want to take this opportunity to welcome all Ithaca College students living off campus for the 2011-2012 academic year to the South Hill community and neighborhood! We hope that, as student residents, you will appreciate that Ithaca is a vibrant, active community, and that many of the homes that surround you are filled with families like those you have left at home with mothers, fathers, grandparents, and children of all ages. Having you join the South Hill neighborhood adds the dimension of young adults to the mix and enhances the vitality of the area for all. Residing off-campus may be the first time you have lived in an environment where you are independent of parents,guardians,or college guidelines and structure. With such independence comes responsibility for yourself, as well as for the community in which you live. Living off campus provides significatlt opportunities to learn, grow, and gain experience outside of the college environment. However, it also requires your 10� commitment to be a good citizen and contributing member to your community. This challenge will supplement your education by helping you develop life-long skills. We want to make you aware of resources that are available to assist you in the transition from campus to neighborhood life. The Office of Residential Life maintains an Off- Campus Housing Guide on its website(wwwJthaca.edu/reslife) flled with valuable information,helpful tips,resources and services. The IC/Community Workgroup meets regularly to discuss initiatives and strategies to ensure positive relations between Ithaca College students and the surrounding community. The Student Government Association represents.IC students on the Workgroup, and would welcome any input/suggestions you might have in working toward the goal of ensuring a safe and peaceful living environment on South Hill for all residents (Student Government meetings are Tuesdays at 8:15 p.m. in the Taughannock Falls Meeting Room, Campus Center). In addition,you are also welcome to attend the monthly South Hill Civic Association meetings which take place on the first Saturday of each month at 9:30 a.m, at the South Mill Church of the Nazarene(210 Grandview Avenue). Breakfast food is provided. Our best wishes for a positive living experience and a great and productive school year! Please contact us if we can assist you in any way. Sincerely, l Brian.MCAree,Vice President for Student Affairs and Campus Life J AUG-03-2011 WED 02; 11 PM VP STUDENT AFFAIRS FAX N0. 6072741728 P. 04 Scott Nachlis,President, Student Government Association Herb Engman, Supervisor,Town of Ithaca Carolyn Peterson,Mayor, City of Ithaca John Graves,President, South Hill Civic Association Patty Porter,Neighbors of Ithaca College Ken Lansing, Sheriff,Tompkins County Sheriff s Office Ed Vallely, Chief of Police, Ithaca Police Department AUG-03-2011 WED 02:11 PM VP STUDENT AFFAIRS FAX N0, 6072741728 P, 06 } E � E-mail to OFF-Campus Students with ITHACA City Address (excluding those students who are away for special program—LA,London,Washington, and Study Abroad programs) Subject: Ithaca College-Community Work-group Initiatives Fall 2011 Dear Ithaca College Off-Campus Student: As you may know, for the past eight years a group known as the IC/Community Workgroup has been meeting and working to establish strategies to ensure positive relationships between Ithaca College students and the local community. The group includes representatives from Ithaca College and the Student Government Association, the City of Ithaca Common Council, the Town of Ithaca, the South Hill Civic Association,Neighbors of Ithaca College;the Ithaca Police Department, and the Tompkins County Sheriff s Office. From the beginning,the primary goals of the workgroup have been: 1)to create a safe and peaceful living environment on South Hill for all residents; 2)to educate students about how to be respectful,good neighbors within their off-campus community; 3)to encourage students who choose to have parties at off- campus locations to do so in a responsible and safe manner without negatively impacting their neighbors; 4)to involve the parents of students in the prevention and/or resolution ^1 of problem behaviors by students on South Hill;and, 5) to encourage responsible drinking by those students who choose to drink. Two areas of focus at the outset were to address the problems presented by large scale block parties on the last day of class of the Spring Semester, and respond to the negative behavior of students who reside at"problem properties." Recently,the Workgroup has focused on following up with students who have been ticketed off-campus by the Ithaca. Police Department or the Sheriffs Office for a violation of a local law or ordinance. Everyone readily recognizes that the vast majority of Ithaca College students who reside off-campus are good community members who respect their neighbors and play a positive role on South Hill. However, each year, the Ithaca Police Department(IPD) and Tompkins County Sheriff's Office(SO)have to respond to a few houses that cause problems either as a result of sponsoring large, disruptive parties or violating local laws or ordinances. The IC/Community Workgroup wanted to focus their attention on these residences,as well as on other problem behaviors that occur off-campus, in order to make a positive difference in the community. In 2010-2011,the IC/Community Workgroup initiated a new strategy to remind Ithaca College students about their responsibility to be good citizens and neighbors on South Hill_ Whenever an IC student is ticketed by IPD or the Sheriffs Office for a violation of a local law or ordinance off-campus,the IPD/Sheriff s Office will notify the College's AUG-03-2011 WED 02; 11 PM VP STUDENT AFFAIRS FAX N0, 6072741728 P. 06 Office of Public Safety of the violation. The student who receives the ticket will then receive a follow-up letter from the Vice President for Student Affairs and Campus Life encouraging the student to avoid such violations in the future. If a student receives a second ticket for whatever reason,they will need to meet with a member of the Student Affairs and Campus Life staff at Ithaca College to discuss their behavior and explore strategies for avoiding further sanctions. The student would receive a follow-up letter summarizing the meeting with a copy of the letter sent home to the student's parents. We also wanted to highlight that four years ago the Town of Ithaca revised its noise ordinance which now prohibits the making of unreasonable noise and also prohibits loud noises from parties and other gatherings that disturb the public. The Town's new law outlines penalties of$500 for a first offense, and$1,000 for a second offense. The City of Ithaca's noise ordinance prohibits unreasonable noise between 10:00 p.m. and 7:30 a.m. with penalties of up to$500 for first time violations. The fine may be levied against any or all residents in a house or apartment and penalties increase for repeat offenders. The full text of the Town ordinance may be found on- line at hap://www.town.ithaea.ny.us/(under local laws and ordinances), and the City ordinance may be found at http://www.ci.ithacn.nv.ua(under "Announcements:') It is our belief that the core themes on which the IC/Community Workgroup are based— respect, civility,consideration,and cooperation—are values that can and should be universally supported and embraced. Ithaca College and the representatives of the local community that make up the workgroup have come together in a bond of friendship and support. We hope that everyone can help spread that good will by committing themselves to be responsible citizens and good neighbors. We want to thai-Ac you in advance for your cooperation as we continue to build a positive community for all. Your understanding and support of these efforts is much appreciated. Sincerely, Brian McAree,Vice President for Student Affairs and Campus Life Rory Rothman,Associate Vice President for Student Affairs and Campus Life } OF Irk I � TOWN OF ITHACA 'e 21 215 N. Tioga Street, Ithaca, N.Y. 14550 J t y0 www.town.1thaca.ny.us Town Supervisor(607)273-1721, Ext 125 ;HEnoman@town.ilhaca.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 4, 2011 Patricia A. Speno 61 Sandpiper Drive Ithaca, New York 14850 Dear Ms. Speno: I am in receipt of your letter of July 29, 2011 addressed to the Town of Ithaca Attorney. The Town of Ithaca does not have an attorney on staff so I am responding on behalf of the Town. Your inquiry concerns Calvary Cemetery. The Town of Ithaca has no responsibility or connection to Calvary Cemetery. Therefore we can provide no information. I'm sorry we could not be more helpful. Sincerey, H -bert J. Eng Town Superv` 5 Patricia A. Speno 61 Sandpiper Drive RECEIVED Ithaca NY 14850 AUG y Cell: 607-793-0141 1 2011 TOWN OF ITHACA July 29 2011 ACCOUNTING Town of Ithaca Attorney C/o Town Clerk/Receiver 215 North Tioga St. Ithaca NY 14850 I Patricia A. Speno of Ithaca NY daughter of Rose K. Speno and Thomas V. Speno deceased am representative of estate of Rose K. Speno and Thomas V. Speno. My mother Rose K. Speno was buried at Calvary Cemetery December 2010. My father Thomas V. Speno was buried at Calvary Cemetery August 1996. The estate includes the estates of Anna Knight and William Knight and Delia Speno and Frank Speno of Ithaca NY. I request a review of my parents' wishes for the estate as stated in their last will and testament and trust with your attorneys as soon as possible. Review of civil practice law states a seven-month notice upon death and burial. I apologize for my less than prompt attention to this matter and hope we will address this with respect to my efforts to date. I have contacted the district attorney, the city attorney, inquired at surrogate court, Supreme Court and reviewed statute in CPLR index at the Supreme Court library. The Ithaca city attorney referred me to you for the cemetery however there are properties in the city in question requiring immediate address including liabilities assumed by the church and occupants of the cemetery provided for in the trust. This is a civil requirement for your address. Your prompt attention is requested. Thank you for your consideration. Please contact me at the stated address for an appointment to begin review of records of estate. Respectfully Patricia A. Speno 07/29/2011 ps _AES 11ED Notice AUG 12 2Q11 Due Process TOWN C3F ITHAGA. TOWN CLERK The Town Board of Ithaca NY 14850 The Town of Ithaca NY 14850 August 11, 2011 Re: Denial of reasonable request August 9 2011 Town Supervisor Herbert J. Engnian. Plaintiff: Patricia A. Speno 61 Sandpiper Drive Ithaca NY 14850 r cc. Roman Catholic Diocese of Rochester, Rev. Daniel J. Condon 08-11-2011 Ps J r .. c-tiaY siftC%' _ N.w W `LU ,--i Oz ss ul CD �o =:) o v *e s+ k0� h yy V •' o p4 o rG ,,�+ H h � p \O G In vCM4 p VJ � u C'N \,(--\� --T- t-lvc' * �, 3vZ-1-\Z�) RECEIVED .Sr p ?1 2011 p TOWN Cl E ACA c RK CL r7 l } vo +1' Q- `,�� �y-7�t-�v)v-v.� Cry' t w•r'�to-�,.{ Ir- ��r.�G�t'T�� �vt�s��l vs�C a 3� ` CVS a � v � - �•,�` �-�' ��- ,�✓�5-�pt�CYC- tic�t><1�� Vic- 3 yo �J abed IJels OWUN .1asfl M OZ:90 IIOZ/Z1160 ew?1 F 21T!d .�2�T�IT1�a,Ld �aauS �auu�9 aajuao�aom xoaaX t RECEIVED SEP 2]. 2011 TOWN OF ITHACA � C S TOWN CLERK �� got til tca 4 t -saw'�1 �►`?tLL p 7 lr vl 1� P ,7 -tit j t� t� v;,PQO VA4 , t 1 tw.a t s ` 'l�rS c — Tk- mv.�_ d�,- R5:-�- - -C v\i� rqr- c L T�L-v t i cCTt�n L!.1-. tr X r-I-M<'e -�1�=-�" .�� ��SS�VI.�►ti'��� �'�'�. --SUS�"' , tit-Ss, CSF- �,�s 1G�r•.� `� ;-�K � 4 1 T i Jr Paulette Terwilliger � 'tr From: Herb Engman Sent: Friday, August 05, 2011 3:20 PM To: Ralph Bonner Thompson ,c: depalma@ithaca.edu; Paulette Terwilliger Subject: RE: Monday July 25 Penny Lane Meeting Sounds good. The first phase of the process seems to be moving along nicely. Herb Herbert J. Engman Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 (607) 273-1721 Ext. 125 -----Original Message----- From: Ralph Bonner Thompson [mailto:rbtl@cornell.edu] Sent: Thursday, August 04, 2011 6:38 PM To: Herb Engman Cc: depalma@ithaca.edu Subject: RE: Monday July 25 Penny Lane Meeting Herb--My name is Ralph Thompson. I attended the 7/25 meeting at the Sheriff's Department as a representative of Commonland's Board. We are circulating an email copy of our proposed petition to all Commonland residents and plan on canvassing them this weekend for signatures. We have already provided background information in the form of a summary of the 7/25 meeting and a rationale for our proposed action. The Association certainly agrees with the plan. I expect the individual owners will, too. A—Best-- :alph B. Thompson Westfield Cluster Representative From: Herb Engman (HEngman@town.ithaca.ny.us] Sent: Wednesday, August 03, 2011 8 :40 AM To: depalma@ithaca.edu Subject: RE: Monday July 25 Penny Lane Meeting Mary, it looks like seasonal posting might work out for Penney and Lois Lanes. Is it possible for someone to contact the Commonland Association to see if it agrees with seasonal parking restrictions? At our August 8 Town Board meeting we will propose a public hearing for the September 12 meeting. If a few residents of Penny Lane can attend on August 8 to help make the case that would be positive. In addition, attendance at the September public hearing would be advisable. Herb Herbert J. Engman Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 (607) 273-1721 Ext. 125 'o%�-----Original Message---,-- 2rom: Mary Turner DePalma (mailto:depalma@ithaca.edu] Sent: Monday, July 25, 2011 3 :30 PM 1 To: Herb Engman Cc: Mary Turner DePalma Subject: Re: Monday July 25 Penny Lane Meeting Herb, Thank you so much for your time today. We certainly appreciate your opinion and your experience as we try to work toward an effective solution for all parties. We look (~1 orward to hearing from you about the next steps that we should take. Regards, Mary Mary Turner DePalma Professor Department of Psychology Ithaca College 119F Williams Hall Ithaca, NY 14850 <depalma@ithaca.edu> Work: 607-274-1323 Fax: 607-274-1925 ******************************************* It's a Gandhi thing. ******************************************* On 7/19/2011 4:15 PM, Herb Engman wrote: > Mary, I and someone from our Public Works Department will be there. > herb > Herbert J. Engman > Town Supervisor Town of Ithaca 215 North Tioga Street > Ithaca, NY 14850 > (607) 273-1721 Ext. 125 > -----Original Message----- * From: Mary Turner DePalma (mailto:depalma@ithaca.edu] > Sent: Tuesday, July 19, 2011 2:10 PM > To: Herb Engman; klansing®tompkins-co.org; Mary Turner DePalma > Subject: Monday July 25 Penny Lane Meeting > Dear Herb and Ken, > I have checked with several people and the best day for a meeting is > during that one day you said you could be available: Monday July 25, > 2011 at 1:OOpm in The Tompkins County Sheriff briefing room. Thank > you, Sheriff Lansing, for the offer of space. > I've been talking to people by suggesting that there are two goals for > the meeting: > 1.) establish a general consensus that there is a problem on Penny > Lane that needs to be addressed, and > 2.) generate solutions > I am hoping that people will look through the document I sent last > week and find some potential solutions that they can support - or be. > able to generate new ideas/solutions. > That is, I am trying to avoid an angry meeting where people vent about > the problems - the tensions are running pretty high right now. `..` Rather, I would be grateful if you would both lend us your expertise > on generating an appropriate solution(s) that would be suitable for > all involved parties. I expect it to be a "working meeting" of a 2 > rather small group of about 10 people or so. > I appreciate your time and effort on our behalf and I look forward to > seeing you on Monday. > My regards, > Mary 1�1> 3 TOWN OF ITHACA 215 N. Tioga Street, Ithaca, N.Y. 14850 www.town.Ithaca.ny.LIS 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 70NING (607)273-1763 FAX(607)273-1704 August 8, 2011 Mr. Joe Martens, Commissioner New York State Department of Environmental Conservation 625 Broadway Albany, NY 12233-1010 Dear Commissioner Martens: The Town of Ithaca is pleased that the New York State Department of Environmental Conservation has created the High-Volume Hydraulic Fracturing Advisory Panel as we are very concerned about the impacts on town governments, cities and villages (which may be asked to accept hyfrofracking fluids at wastewater treatment plants) and county health departments from this form of gas drilling. Among other impacts we are concerned about the costs this activity will impose on local governments for oversight and infrastructure and we believe there is the need for input from local agencies primarily charged with safeguarding the public health, We know that the panel is charged with: • developing recommendations to ensure DEC and other agencies are enabled to properly oversee, monitor and enforce high-volume hydraulic fracturing activities; • developing recommendations to avoid and mitigate impacts to local governments and communities; and • evaluating the current fee structure and other revenue streams to fund government oversight and infrastructure related to high-volume hydraulic fracturing. It is noteworthy that there is not a single member from a local government or a county health department included on the panel. Since the panel is charged with developing recommendations to avoid and mitigate impacts to local governments and communities, it would appear that local government and health department representatives should be included on the panel. We strongly urge you to appoint additional members to the panel from these groups, especially those in the Southern Tier, which will be directly affected by high volume hydraulic fracturing. ,.-o., Sincerely, Herbert J. Engman Town Supervisor Cc: Governor Andrew Cuomo; NYS Senators Dean Skelos, Brian Kolb, Thomas O'Mara, and James Seward; Speaker Sheldon Silver; Assemblywoman Barbara Lifton; Chair of Senate Committee on Environmental Conservation Mark Grisanti; Chair of Assembly Committee on Environmental Conservation Robert Sweeney; EPA Administrator Lisa Jackson, EPA Region 2 Administrator Judith Enck; New York State Association of County Health Officials (NYASCHO);the Tompkins County Board of Health; Tompkins County Legislature chair Martha Robertson;and Tompkins County Council of Government Co- Chairs Don Barber and Herb Engman. I'"1 IM TOWN 4F ITHACAC (Dpt ,e 21 215 N. Top Street, Ithaca, N.Y. 14850 Ya www.town.zthaca.ny.LIS Town Supervisor(607)273-1721, Ext 125;HEngman(9town.ithacamy.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 .A Li gust 11, 2011 Anthony Hopson Assistant Vice President, Community and Government Relations Office of the President Ithaca College 953 Danby Road Ithaca, NY 14850 Dear Anthony: I am writing regarding our attempt at the Town of Ithaca to clarify and make simpler the process for noise permits required under our local law. It has been the practice for Ithaca College to apply for permits for all outdoor events. This can be a time-consuming and expensive undertaking since the Town must post a legal advertisement in the Ithaca Journal and both our staffs must take time to process the applications. It is acceptable to the Town of Ithaca for Ithaca College to submit applications only when noise from events might reasonably be expected to reach the edge of campus and infringe on the rights of neighbors. Noise, including that from amplification, can be mitigated in many cases by facing speakers toward inner campus, keeping the volume at a reasonable level and limiting events to daylight hours. If these procedures are followed we expect that many fewer IC events would need permits. I would be happy to clarify further these guidelines if necessary. It is hoped our attempts to reduce "red tape" will result in time- and cost-savings for both Ithaca College and the Town of Ithaca. Sincerely, 110,i-bcrt J. f. Page 1 of 2 Paulette Terwilliger From: Herb Engman Sent: Friday, August 12, 2011 2:31 PM To: Paulette Terwilliger Subject: FW: Cleanup Herbert J. Engman Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 (607) 273-1721 Ext. 125 From: Mary Turner DePalma [mailto:depalma@ithaca.edu] Sent: Friday, August 12, 2011 1:21 PM To: Herb Engman Cc: Beth Bannister Subject: Re: Cleanup Dear Herb and Beth, Thank you, Herb, for cc'ing me on this message, as I was planning to call you to ask you who was responsible for that great work! Beth, Please do pass on to your volunteers how much their effort is appreciated! Each day when we drive home from work, the garbage is a source of disappointment and concern. Yesterday, when I drove home, I was smiling! Thank you to you and your volunteers, and please let them know ^ how many lives they positively influenced yesterday! My regards - and thanks! Mary Mary Turner DePalma Professor Department of Psychology Ithaca College 119F Williams Hall Ithaca, NY 14850 <depalma@ithaca.edu> Work: 607-274-1323 Fax: 607-274-1925 It's a Gandhi thing. On 8/12/2011 10:55 AM, Hcrb Fngman wrote: Beth, please tell the guys what a terrific job they did on the cleanup along Penny Lane and down into the Six Mile Creek gorge. After my brief pre-cleanup survey of the area I thought there would be only a couple bags of material collected.Their eagle-eyes and hard work resulted in two bags of bottles and cans, two bags of garbage and one bag of recyclable trash. I was highly impressed also by their good nature and enthusiasm. It shows they are being well-trained by your program. 8/15/2011 Page 2 of 2 Of special note were the two wallets found in the gorge on the way down to the dam.All visitors should be cautioned to keep their eyes on their belongings as it appears the wallets were probably snatched while their owners were swimming and then thrown away after any money was removed. I am CCing a resident of Penny Lane who has been leading the charge for change and might be interested in the n cleanup and the issue concerning the wallets. Again,thanks to you, Beth, and the young people for the accomplishments yesterday. Herb Herbert J. Engman Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 (607)273-1721 Ext. 125 8/15/2011 The Elizabeth Ann Clune Montessorl C )jfi k Vchool o{' (IA� (Ithaca G �3 2011 „1 TOwo O ITHACA August 16, 2011 Mr. Herbert J. Engman Town Supervisor Town of Ithaca 215 N. Tioga Street Ithaca, New York 14850 Dear Herb: I am authorized by our Board to accept and thereby confirm the details of our offer to purchase the parcel of land from the Town of Ithaca commonly referred to as the "Field of Dreams". In doing so the Elizabeth Ann Clune Montessori School of Ithaca Inc., agrees to all of the terms reflected in the Ithaca Town Board Resolution "TB Resolution No. 2011-127"under date of August 8, 2011. Very truly yours, avbo Andrea B. Riddle Principal •12o East King Road, Ithaca, New York 14850 • Phone 607-277-7335 Fax 607-277-0251 www.eacrnsi.org Page 1 of 3 Paulette Terwilliger From: Herb Engman Aow*k Sent: Monday, August 22, 2011 7:44 AM To: Paulette Terwilliger Subject: FW: A&E Center Cooling Tower Attachments: rcouture.vcf Herbert J. Engman Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 (607) 273-1721 Ext. 125 From: Rick Couture [mailto:rcouture@ithaca.edu] Sent: Friday, August 19, 2011 5:15 PM To: Rich DePaolo Cc: Bruce Bates; Herb Engman; President Rochon; Carl Sgrecci; Bruce Bates; Kristie Gifford; Anthony Hopson; Bonnie Solt Prunty <BPrunty@ithaca.edu> >> Bonnie Prunty; Nathan Platt; Terri Stewart; Nate Brisley; Paula Miller, Kevin Markwardt; Jeffrey Falardeau; Michael Ariel; ken Kutler; mmisrael@ithaca.edu Subject: Re: A&E Center Cooling Tower Greetings Everyone, As I mentioned in my previous email we are looking at 3 steps that we will implement to help address the noise level being generated by the A&E Center cooling tower. I wanted to let you know that, for one of those steps, my goal is to have a contractor begin work on the construction of the sound deadening wall around the cooling tower, sometime during the week of August 29. We are currently working with the engineering firm of record on the project to, design the structure and its support system, determine and order materials, and develop a price. Once we start work we anticipate 10 to 15 working days to complete the structure. I appreciate your understanding and support as we move forward on addressing this issue. If you have any questions please feel free to contact me. Take care, Rick On 8117111 12:30 PM, Rich DePaolo wrote: Rick- Thank you for the update regarding mitigation measures planned for the A&E cooling towers. While my South Hill neighbors and I are certainly grateful for your efforts to remedy the unfore.scen noise issues, it would be helpful for residents to have some kind of estimated mitigation timeline. Residents have been extremely patient for a month now, having received only general information and an open-ended timeline. Any mitigation targets would be greatly appreciated. Regards, 8/22/2011 Page 2 of 3 Rich DePaolo -------Original Message------- From: Bruce Bates To: Bill Goodman , E Levine , Herb Engman , NHorwitzContact , PLearyContact , RDepaoloContact , THunterContact Cc: Mike Smith Subject: FW: A&E Center Cooling Tower Sent: 17 Aug 'l 1 7:55am Bruce Bates Dir. Code Enforcement TOWN OF ITHACA 215 N. Tioga Street Ithaca, New York 14850 P: 607-273-1783 ext 122 F: 607-273-1704 www.town.ithaca.ny.us -----Original Message----- From: Rick Couture [mailto:rcouture@ithaca.eduj Sent: Tuesday, August 16, 20116:37 PM To: mni M-ael @ ithaca.edu; Bruce Bates; Kristie Gifford; President Rochon; Anthony Hopson; Carl Sgrecci; Ren Kutler; Bonnie Prunty; Nathan Platt; Terri Stewart; Kevin Markwardt; Nate Brisley; Paula Miller; Jeffrey Falardeau; Michael Ariel Subject: A&E Center Cooling Tower Greetings Everyone, I wanted to update you on the latest regarding the noise levels being generated by the use of the A&E Center cooling tower. As I mentioned in previous emails we hired the sound consultants we used as a part of the project approval process to assist us with this issue. They have been on campus twice and done a number of sound readings at different distances and locations from the cooling towcr. Based on the information gathered from these readings and ��orkin with the architect for the project, the engineering firm for the pro.jccc and the manufacturer of the cooling tower, we have dei eloped a few ! options that we want to implement, that we believe will help reduce the noise level of the cooling tower. The first step will be to replace the blades of all four fans in the cooling tower with a different style blade that actually slices through air (creating less noise) as opposed to the current blades that chop through the air. Once the new blades are installed the second step will 10� 8/22/2011 Page 3 of 3 be to install Variable Frequency Drives (VFD's) on the three fan motors that do not have them. VFD's help regulate the speed of the fan blades so they are not running at 100% all the time, which in turn lowers the noise level of the blades. The third step will be to construct a sound wall that will be as tall as the top of the white diverters that sit on top of the cooling tower. The idea is that this wall will help knock down the sound waves being generated by the cooling tower and lower the noise level. Our goal is to get thi! s work done as quickly as possible however it may be some time be! fore we can get the material here and have it installed. I sincerely appreciate your patience and understanding as we work through this issue. If you have any questions please feel free to contact me. Thank you, Rick 8/22/2011 Pav l cif2 Paulette Terwilliger From: Herb Engman Sent: Friday, September 09, 2011 3:14 PM To: Bill Goodman; E Levine; Herb Engman; NHorwitzContact; PLearyContact; RDepaoloContact; THunterContact Cc: Paulette Terwilliger Subject: FW: fracking decision -- THANK YOU FYI — nice letter. Herb Herbert J. Engman Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 (607) 273-1721 Ext. 125 From: Herb Engman Sent: Friday, September 09, 2011 3:13 PM To: 'wendy hankle' Subject: RE: fracking decision --THANK YOU Wendy, thanks for the letter of support. It helps to know that the public thinks we made the right choice. We may have a court challenge, but we are gearing up for that. I will certainly get in touch if we need additional help. In the meantime please keep telling people the right decision was made. Herb Herbert J. Engman Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 (607) 273-1721 Ext. 125 From: wendy hankle [mailto:wendyhankle@hotmail.com] Sent: Friday, September 09, 2011 2:31 PM To: Herb Engman Subject: fracking decision --THANK YOU Hi Herb -- I am a resident of the Town of Ithaca, and own a home on Enfield Falls Road. Well, HSBC owns it, but that's beside the point. I wanted to let you know how pleased I am with the town's recent decision to ban fracking. I know there is/was some opposition to this decision, and the struggle to keep this out of our community is far from over, but this commitment by my town's leadership really matters to me -- and it matters to my quality of life. I used to work in Sayre, Pa., and heard first-hand the horror stories of the changes the gas industry brought to the area, particularly Bradford County. Sure, folks got rich leasing their property, but at what cost? Light pollution...sound pollution...torn up roads...flammable well water...accidents...fires...the list goes on. I love my house. And its rural(ish) location provides me with woods and birds and quiet and dark nights, not to mention a wonderful state park right down the road...qualities that mattered to me when I was 9/9/2 01 1 Page 2 of 2 making the decision to buy. I'm not exaggerating when I say that worrying about fracking has kept me up at night. I don't want it in my community, and I sincerely hope that you and the rest of the board continue to keep 1 this destruction out of the Town of Ithaca. 1 Please let me know if there's anything I can do to help. Have a great weekend, Wendy Hankle 234 Enfield Falls Road 1 9/9/2011 Paulette Terwilliger From: Herb Engman Sent: Wednesday, September 07, 2011 5:00 PM To: Paulette Terwilliger Subject: FW: Garden on Town Land - Snyder Hill Herbert J. Engman Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 (607) 273-1721 Ext. 125 -----Original Message----- From: Herb Engman Sent: Wednesday, September 07, 2011 5:00 PM To: 'Monika Roth' ; Mike Smith; Susan Ritter; Rich Schoch; Joshua Dolan Cc: Elizabeth Windstein Subject: RE: Garden on Town Land - Snyder Hill Both Mike Sm_th and I have spoken with the parties involved and have concluded that there can be no cc-mmunity garden in the donated natural area. Any further contact with the donors I t .ir_ ,,,ould be seen as unseemly if not harassment. we have pushed the issue as much as possible and must respect the wishes of those who have been extremely generous with their land. I will not support any further efforts to create a community garden on the donated land. The focus must shift to Cornell or other property. I would be happy to intervene with �`.ornell officials and/or others if an alternate appropriate site can be found. The Town of Ithaca wants to continue to be supportive of a community garden in the Eastern Heights area. Herb Herbert J. Engman Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 (607) 273-1721 Ext. 125 -----Original Message----- From: Monika Roth [mailto:mr55acornell.edu] Sent: Tuesday, September 06, 2011 8:08 PM To: Mike Smith; Herb Engman; Susan Ritter; Rich Schoch; Joshua Dolan Cc: Elizabeth Windstein Subject: RE: Garden on Town Land - Snyder Hill Hi there, I met again with the garden group interested in starting a garden up on Town land on East Hill. It would be great if we could continue to explore the site that is below the Gazebo that it seemed like Frank might prefer. . .as per the email below. We took a look at the site and has fewer honey suckle and is a bit more level . There is one dead tree and another one that is an ash that should come down. Also lots of swallowart which I would recommend killing with Roundup before turning the sod. I assume it was the Colle's who w- not in favor of the garden. . .is there any chance they might change their mind if we proposed the site that Frank is supporting? I think it would ,_,be a great benefit to residents on the east side of town plagued by deer. Let me know if e can open the conversation with the Colle Family or if there is some other reason :•:hy you indicated that it would not be possible to use the donated land. From reading the easement, all kinds of recreation uses seemed to be acceptable, gardening is a big hobby especially among those of us who are not sports fans. 1 Please advise as to how we could proceed. Thanks, Monika At 01:36 PM 5/27/2011, Mike Smith wrote: >Hello All, )>I have heard back from Frank Baldwin regarding the community garden (� >idea on the East Ithaca Nature Preserve. He said that they are >generally agreeable to the idea of a community garden (and associated >deer fence) in the preserve, but would prefer to see it located just >below the pavilion and not on the northern edge of the preserve near >the water tank. They feel this pavilion site is already open with less >clearing required, in a more developed portion of the property with the >pavilion and trail already there, and would have easier/closer access for users. >I told him that I would be back in touch if the group and the Town ends >up wanting to pursue the pavilion site in the preserve and if there are >any changes the Town needs to make to the deed restrictions. I may try >to contact the Colle's next week, as I'm not sure if what Frank passed >along was just from them, or it includes the Colle's opinion also. >Mike >Michael J. Smith >Environmental Planner >Town of Ithaca >215 North Tioga Street >Ithaca, NY 14850 >Phone: 607-273-1747 >Fax: 607-273-1704 >-----original Message----- >From: Monika Roth [mailto:mr55@cornell.edu] Sent: Tuesday,Tuesday, May 24, 2011 9:33 PM r 1 >To: Mike Smith >Cc: Herb Engman; Susan Ritter; Rich Schoch; Joshua Dolan >Subject: RE: Garden on Town Land - Snyder Hill >Thanks Mike, just got back from the meeting, about 9 people but they >seemed interested. >I did talk to CU about the land by the hog barn—the group plans to >start discussing pros and cons of sites and hopefully will prioritize >soon. I would keep trying to get an answer from the Baldwins and >Colles. . .as there are some good pros on the town land. Maybe let them >know that the group discussed that they could offer to work on getting >rid of invasives and plant some native bushes and perennials and other >conservation plants that would improve the site's conservation value. >I think they will meet again after Memorial day. M > >At 02:28 PM 5/24/2011, Mike Smith wrote: > >Monika, > >I have not heard from the Baldwin's or Colle's yet. I did leave a > >message today with the Baldwins, but have not heard anything so far. > >I am not able to come to the meeting tonight, but please let me know > >if there are any questions or follow up from the meeting I can help with. > >I have been looking at the aerial photos for that area, and if the > >preserve parcel doesn't work, have you talked with Cornell or looked > >at the land along Pine Tree Road near the old hog barns? It seems > >like there are open Ag fields that aren't really used right now close n >to the road, with parking, easier access, and in the same general area. Just a thought. - > >Mike 2 > >Michael J. Smith > >Environmental Planner > >Town of Ithaca �> >215 North Tioga Street > >Ithaca, NY 14850 > >Phone: 607-273-1747 > >Fax: 607-273-1704 > >-----Original Message----- • >From: Monika Roth [mailto:mr55@cornell.edu] > >Sent: Sunday, May 22, 2011 12:37 PM > >To: Mike Smith > >Cc: Herb Engman; Susan Ritter; Rich Schoch; Joshua Dolan > >Subject: RE: Garden on Town Land - Snyder Hill > >Hi Mike, et al. Just checking to see if there is any update on the > >land use question. Mike will you be coming to the meeting. We'll see > >some of you on Tuesday. Cheers, Monika > >At 10:12 AM 5/16/2011, Mike Smith wrote: > > >Monika, > > >I have spoken to both the Baldwin's and the Colle's regarding the > > >community garden project. I gave them the basic details that were > > >in your previous email and asked if this project fits in with their > > >intentions in donating the land, since it was not specifically > > >listed as a permitted use. They wanted to talk to their families > > >and each other before providing any answer, and said they would get > > >back to me soon. I will let everyone know when I hear back from them. > > >Mike S > >Michael J. Smith > > >Environmental Planner > > >Town of Ithaca > > >215 North Tioga Street > > >Ithaca, NY 14850 > > >Phone: 607-273-1747 > > >Fax: 607-273-1704 > > >-----Original Message----- * > >From: Herb Engman > > >Sent: Monday, May 16, 2011 8:37 AM > > >To: Monika Roth; Mike Smith; Susan Ritter; Rich Schoch > > >Cc: jd285@cornell.edu > > >Subject: RE: Garden on Town Land - Snyder Hill > > >Hi, Monika. Mike Smith has been checking out the potential for the > > >community garden on the land donated by the Baldwins and Roy Colle. > > >It is not an explicit use in the agreement, but may be acceptable. > > >I will attend the meeting; not sure yet who else might be able to > > >be > there. > > >All town board members are elected at large. Thus, each of us > > >represents the entire town. Hollis is on the Planning Board and > > >Comprehensive Plan Committee, but not the Town Board (believe me, I've tried to get her!) . > > > > >Thanks for all the movement on this, Monika. > > >Herb 3 > > >Herbert J. Engman > > >Town Supervisor > > >Town of Ithaca > > >215 North Tioga Street > > >Ithaca, NY 14850 1> > >(607) 273-1721 Ext. 125 > > >-----Original Message----- * > >From: Monika Roth (mailto:mr55@cornell.edu] > > >Sent: Monday, May 16, 2011 7:10 AM > > >To: Mike Smith; Herb Engman; Susan Ritter; Rich Schoch > > >Cc: jd285@cornell.edu > > >Subject: Garden on Town Land - Snyder Hill > > >Hi there, as you may know, there is impetus from a resident (in > > >touch with > > >others) to create a community garden on Town land by the water tower. > > >Apparently this land is under conservation easement and so we were > > >wondering if a garden could be considered a compatible conservation use??? > > >and what the process to get permission to use a small amount of > > >land near the water tower. > > >A meeting is planned for May 24, 7 PM at the Trinity Lutheran > > >Church on Honness Lane. It would be great to have some idea of the > > >land use issue prior to the meeting. I will also call the > > >Baldwin's who donated the > land. > > >Also, if a town rep could be there, it might be helpful if you cold > > >answer questions. Who is the board rep for that area? > > >Is it Hollis? > > >All for now. . .thanks for your advise. Monika J 4 C e""'k Community Science Institute www.communityscience.org Volunteer Monitoring Watershed Science Risk Communication September 12, 2011 Mr. Herb Engman, Supervisor Town of Ithaca SEP 13 2011 215 N. Tioga Street Ithaca,NY 14850 TOWN O�i t'HACA PLANNING/ENGIiVEERtNG Dear Herb: I respectfully request a contribution of$17,036 from the Town of Ithaca in 2012 to continue support of the Community Science Institute's (CSI's)volunteer water quality monitoring partnerships in the Cayuga Lake watershed, in general, and in the Town of Ithaca, in particular. CSI partners with seven volunteer groups to monitor water quality and collect sonne 5,000 pieces of certified data at over 100 locations annually across the southern Cayuga Lake watershed.The Fall Creek Watershed Committee,the Six Mile Creek Volunteers and the Cayuga Inlet Volunteers sample 50 locations five times a year on Fall and Virgil Creeks, Six Mile Creek, and the Cayuga Inlet and its tributaries including Enfield Creek, Buttermilk Creek, Cascadilla Creek and the f=lood Control Channel, collecting a total of 250 samples annually under base flow and stormwater conditions. Samples are analyzed in CSI's state-certified lab for a dozen water quality indicators including pathogenic bacteria, phosphorus and nitrogen nutrients, suspended solids and salt for about 3,000 pieces of certified, management-quality data annually on streams that flow through the Town of Ithaca. CST's network of volunteer monitoring partnerships is creating long-term data sets that provide residents of Ithaca and other towns with the factual information they need to understand the state of water resources both in their town and in the larger context of the Cayuga Lake watershed so that they may,through their local government, develop effective options for managing land uses in ways that protect water. Background The Community Science Institute (CSI) is a not-for-profit 501(c)3 tax-exempt organization whose mission is to empower citizens to monitor and understand natural resources as a prerequisite to managing them sustainably. CSI's water quality monitoring partnerships began in 2002 and have grown to include all of the major tributary streams draining the southern Cayuga Lake watershed, approximately 470 square miles, as well as the south end and middle portion of Cayuga Lake itself. CSI recruits and trains groups of volunteers, then partners with them in Ion—term monitoring programs. Stream samples are collected synoptically by the volunteer`1roups under base flow and stormwater conditions and transported to CSI's state-certified laboratory for analyses of bacteria, nutrients, sediment, salt and other parameters. CSI staff enter raw data in a searchable database on our website at %M'.communitvscience.org/databa,,,c; in addition to raw data, results summaries are provided in the form of graphs accompanied by Google Maps and land use maps. CSI's online water quality archive currently contains approximately 284 Langmuir Lab/Box 1044 95 Brown Road Ithaca NY 14850 Voice/Fax 607 257 6606 Certified Water Testing NYSDOH-ELAP#11790 EPA Lab Code NY01518 Stephen Penningroth Executive Director 4ab@communityscienee.org> Community Science Institute vrvww.communityscience.org Volunteer Monitoring Waters'; IL'nee Risk Communication 25,000 certified data items on Cayuga Lake tributary streams and the lake itself,and about 5,000 new pieces of data are added each year. Support comes from local governments in Tompkins County as well as the Tompkins County and Schuyler County Soil and Water Conservation Districts, Cornell 1 Jniversity and the Town of Hector. Overview of services provided lav CSI to the Town of Ithaca Fulfillment of state and federal government mandates 1. Mandates under Municipal Small Storm Sewer System (MS4)regulations a) Public education and outrc:lck stormwater impacts(ongoing) b) Publicparticipatiorn/invol�eiiicnt in tllc mitigation of impacts(ongoing) e) Pollution prevention.'(-Icaod housekeepin- (supported by CSI data archive) d) Illicit discharge detection and elimination (CS1 lab support available) 2. Mandates under section 303(4) of the federal Clean Water Act(specifically, remediation of the impaired south end of Cayuga Lake) a) Equitable stakeholder allocation of total maximum daily loads (TMDLs) is supported by CSI's comprehensive data archive and load estimates for sediment, phosphorus and pathogenic bacteria for the southern Cayuga Lake watershed Continuation of long-term water quality monitoring programs through 2012 ,..� 1. Foster Cayuga Lake watershed-wide stewardship of water resources by continuing stream monitoring partnerships with seven volunteer groups 2. Combine monitoring results with flow measurements from. USGS gauging stations to estimate loading of sediment, phosphorus and pathogenic bacteria from all major tributaries to Cayuga Lake including streams that flow through the Town of Ithaca 3_ Investigate and identify upstream sources of sediment, phosphorus and pathogenic bacteria in all major tributaries to Cayuga I-ake 4. Reach out to Ithaca residents and.Town Board by offering a public forum to present water quality results, describe information resources provided by CSI's monitoring programs, and respond to questions. Initiate"hydrofracking"baseline monitoring in 2012 1. Add"signature chemicals" specific to"hydrofracking" contamination to long- term monitoring programs 2. Expand biological monitoring with benthic macroinvertebrates(aquatic insects)to detect diverse impacts on streams, including"hydrofracking" contamination ;. Provide training and technical support for volunteer groups that wish to conduct "red Ilag'- stream monitoring using field tests of temperature, p11. dissolved OXY-C11. conductivity and total hardness in areas with active sh�1le gas wells 4. Establish a regional baseline of groundwater quality by poo ling baseline test results for private drinking, water wells in anonymous 1'orniats on the CSI website (based on private baseline tests --client permission required) 284 Imoanginuir Lab/Box 1044 9�, Brown Roast Ithaca NY14850 N'oichlt'ax 607 757 6606 ,d NV,it #in, t kP 411790 i Stephen Pennirr;rntlh L•:veez ire Director slr�lr�ci:Cs�rt�tlur�rrli scirrncc.��r,> t Community Science Institute www.communityscience.org Volunteer Monitoring Watershed Science Risk Communication CSI capabilities support local and regional water stewardship ➢ CSI operates the largest state-certified water quality testing lab in Tompkins County. Our lab is a resource for government agencies, businesses, and private citizens. It is one of a handful of labs in New York State that offer comprehensive baseline testing for homeowners concerned about possible contamination of their private drinking water wells from "hydrofracking" operations. ➢ CSI's network of volunteer stream and lake monitoring partnerships identifi impacts on surface water from diverse land uses such as residential development, agriculture, and "hydrofracking" ➢ CSI's open and searchable data archive at www.communityscience.org/database documents exceedances of surface water quality standards and guidelines; enables estimates of nutrient, sediment and pathogenic bacteria loading from tributary streams to Cayuga Lake; and makes it possible to investigate, identify and manage upstream sources of pollution ➢ CSI's Geographic Information Systems{GIS} capability is used to create maps and perform spatial analyses of pollutant migration and effects; ➢ CSI's proposed regional database of groundwater quality has the potential to serve as a resource for citizens and local governments seeking to evaluate risks to groundwater from shale gas operations Conclusion CSI's request for a contribution of$17,036 is the same as last year. We seek to increase the scope of our activities in order to initiate baseline monitoring for potential "hydrofracking" impacts. CSI's Board of Directors realizes that local governments are strapped for cash and is developing a fundraising campaign with the goal of covering a projected 25% increase in costs by attracting contributions from private businesses and individual donors. The requested amount, $17,036, represents 20%of the cost of continuing to monitor Fall- Virgil Creek, Six Mile Creek and the Cayuga Inlet and its tributaries in 2012 and about 12%of the cost of monitoring the southern Cayuga Lake watershed, estimated at $140,000, including"hydrofracking" initiatives. As in previous years, CSI seeks to distribute monitoring expenses equitably among regional stakeholders. -- It is noted that the cost of CSI-volunteer monitoring partnerships is approximately one-third the price for a consulting firm to collect, disseminate and interpret a similar amount of certified data. In addition to providing management-quality data at bargain basement prices, CSI fosters water stewardship through community outreach and education activities that are an integral part of our stream and lake monitoring programs. tfull subm e t 'he M. Pennin oth' eireZtorExecutive r g 284 Langmuir Lab/Box 1044 95 Brown Road Ithaca NY 14850 Voice/Fax 607 257 6606 Certified Water Testing NYSDOH-FLAP#11790 EPA Lab Code NY01518 Stephen P'enningroth Executive Director -lab@communityscience_org> Fa;.�e 1 of 2 Paulette Terwilliger From: Herb Engman Sent: Monday, September 19, 2011 2:18 PM To: Paulette Terwilliger Subject: FW: Parking resolution? Herbert J. Engman Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 (607) 273-1721 Ext. 125 From: Herb Engman Sent: Monday, September 19, 2011 2:17 PM To: 'Joe McMahon'; Mary Depalma Subject: RE: Parking resolution? Joe, the final decision was delayed until September 26 on a technicality. At this point there would be a seasonal restriction from May 1 through September 30. You are right: everyone would be prohibited from parking, not just the young folks. People could park at other places: the wildflower entrance or the service road at 79. If there were cleanups or classes I suspect a call to Common Land or other residents would result in an offer to park in a driveway. Given past experience, any parking area provided would lead to abuse. Nonetheless, I have suggested to the City that an official lot be established on City land recently purchased (or in the process of being bought) nearby. There seems to be little enthusiasm for that idea. Herb Herbert J. Engman Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 (607) 273-1721 Ext. 125 From: Joe McMahon [mailto:jmmm555@hotmail.com] Sent: Sunday, September 18, 2011 10:54 AM To: Herb Engman; Mary Depalma Subject: Parking resolution? Dear Herb and Mary, I'm curious how the parking restrictions effort have proceeded. The NAC meeting conflicted with the Town Board's Monday and I haven't seen anything reported in the local "media." Please forgive me for chiming in with a request/suggestion that might be after the fact, but it was brought up at our meeting, and I believe it was mentioned in some of the responses to the survey Common Land residents completed. We are concerned with excluding everyone from having access to the area through the right of way, and posting all of Penny Lane as no parking will essentially do this for anyone who drives there. Yesterday I was sitting on the bench and an elderly gentleman went down the trail who I mistook for Tom Bonn, a Common Land resident. My mistake led us to a conversation where I learned he had driven in and parked near the top of the trail, and simply enjoys going to the reservoir to read the paper. Roxy Johnston, the City Watershed Coordinator also leads many tours of the creek which start with a carpool to the right of way and needs to park there. If I'm not mistaken, there is an empty lot across the street. Is it feasible to create a few parking spaces there, or leave enough room not posted to accommodate this? Certainly a big part of the entitlement kids feel comes from power in numbers, if there were three or four vehicles allowed there instead of 100 I'd hope they would be less emboldened. 9/20/2011 Page 2 of 2 I certainly hope something we do will help with the situation. I surveyed the area on the north side of the creek for the first time since early summer and am astounded by the impact they've had as they crawl like ants up and down steep cliffs. One trail that wasn't there two years ago is now firmly established and another that looked like a deer trail now looks like a bike path. I'm hoping we can get crews of student together to block them off enough that they won't be reused next year. Joe McMahon Natural Areas Commission Chair 9/20/2011 POMEROY, ARMSTRONG, CASULLO & MONTY, LLP Attorneys and Counselors at LaNN, Allftw- WILLIAM J.POMEROY 16 Tom PKINS S]REFT DONALD C.ARMSTRONG P.O.lig)x 828 KAREN M.KNAUERI-IASE, FRANCIS J.CASULLO Ni,%\ YOitK 13045-0828 Legal Assistant VICTORIA J.MONTY BETTY BARTOLONE, (G(),')—,56-.501 Legal Assistant KATHLEEN A.SULLIVAN* (Gu-)753-8913 *Also admitted in MA fa_v nol accepter! ntiil. Lira ? rnn ir7 C0111:uiJatcorneys.eom LOCT 0 6 �� October 5, 2011 �'1Oy ol`fiNacq Herb Engman Town Supervisor Town of Ithaca 215 N. Tioga. St. Ithaca, NY 14850 Re: Dorothea P. Warner �* Residential Address: 167 Snyder Hill Road, Ithaca, NY Dear Mr. Engman: I recently met with Dorothea Warner who describes an ongoing water problem that appears to have arisen as a result of work performed by the Town to address drainage issues on Snyder Hill Road. Mrs. Warner's residence is a raised ranch and the first floor of the residence has been rented out for many years without any water problems whatsoever until an incident that occurred approximately one year ago. As you are aware, Mrs. Warner suffered some grater damage to the first floor of her residence one year ago and the Town reimbursed her for the replacement cost of one of the two carpets that she had to replace. It is my understanding that a second occurrence resulting from water damage several months thereafter was also brought to the attention of the Town and, again, Mrs. Warner was reimbursed approximately $1,000 for damages she then sustained. Mrs. Warner indicates that approximately three to four weeks ago she had additional water damage in the first floor of her residence. She has now replaced her flooring at a cost of $1,300 and her tenants have now left the residence due to the repetitive water damage situation and she is now losing $800 per month in rent. She also incurred the cost of $259 for a storage unit for the tenant so that they could remove their furniture quickly to avoid further water damage. Page 2 October 5, 2011 Apparently, the Town modified much of the drainage on Snyder Hill Road including the �1 replacement of a ditch with a buried extended culvert. She describes the situation when there is tremendous rain or snow melt as causing substantial runoff across the highway onto her front lawn and into her first floor. The fact that this homeowner never had a water problem in the past and that these problems only arose when this drainage work was performed by the Town would lead to the conclusion that this work is the cause of the problem. Although the Town's payment for past damages is certainly appreciated by Mrs. Warner, this situation where the Town may have to repeatedly pay for damages incurred by a Town resident cannot be a satisfactory solution to the Town and is certainly not for Mrs. Warner. I.havc..suggested to.Mrs. Warner that--she should-file a-Notice of.Claim- to .protect her rights. However, she would very much like to have the source of this problem satisfactorily addressed without having to resort to this formal filing. Therefore, I send this letter to you on her behalf in hopes that the Town will promptly correct this situation. Your earliest action given this request will be greatly appreciated. Very truly yours, POMEROY,ARMSTRONG, CASULLO &MONTY, LLP By: Donald C. Armstrong DCA/sw cc: Dorothea Warner James Weber, Highway Superintendent Page 1 of 2 Paulette Terwilliger From: Herb Engman Sent: Friday, October 07, 2011 5:28 PM To: Paulette Terwilliger Subject: FW: 2012 Sunday hours in Tompkins County Public Library Herbert J. Engman Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 (607) 273-1721 Ext. 125 From: Susan A. Currie [mailto:scurrie@tcpl.org] Sent: Friday, October 07, 20114:26 PM To: Herb Engman Subject: RE: 2012 Sunday hours in Tompkins County Public Library Herb, Thanks so much for your quick response. We have funded the Sundays with funds from the Town, County and Friends of the TCPL. With our county funding decreasing over the past few years, we are taking the cut in Sundays. We expect to be open 22 Sundays instead of 33. The Town would contribute funds for 11 Sundays. We are scrutinizing library statistics for Sundays so that we are sure to be open those Sundays where there is high attendance. .�, Some additional information that may be of interest and something that I explained in my presentation to the County is that due to the population numbers for Tompkins County according to the 2010 Census, we are required to be open 60 hours per week but we will be requesting a waiver in 2012 due to funding. Please let me know if I can provide any other information. We appreciate the support more than we can say! Have a great weekend. Susan Susan Currie Library Director Tompkins County Public Library 101 E. Green Street Ithaca, NY 14850 http:tcpl.org From: Herb Engman [mailto:HEngman@town.ithaca.ny.us] Sent: Friday, October 07, 2011 2:08 PM To: Susan A. Currie Subject: RE: 2012 Sunday hours in Tompkins County Public Library Susan, I have budgeted $20,000 for the Library in my 2012 budget. So far there has been no pushback ,. from the Town Board, but there are a couple more hurdles to go. I think you can safely pencil in the$20K in your budget. Am I correct that the County is pulling back on Sunday hours? If so, how many Sundays will the Town contribution support? Herb 10/12/2011 Page 2 of 2 Herbert J. Engman Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 (607)273-1721 Ext. 125 From: Susan A. Currie [mailto:scurrie@tcpl.org) Sent: Friday, October 07, 201111:33 AM To: Herb Engman Subject: 2012 Sunday hours in Tompkins County Public Library Hello Herb, Another year has gone by so quickly,hasn't it?I'm writing to ask about the wonderful and much appreciated support for Sunday hours in Tompkins County Public Library.The public very much appreciates the Sundays we are open.This year,due to the tough budget,we are having to reduce the total number of Sundays we are open by about a third so we cannot express enough our appreciation for the support from the Town. We are in the process of beginning to put together our budget for 2012 so i wanted to contact you early enough for any information you might need for us. Is there anything we need to do or prepare for the Town for this request? Thank you again, Susan �1 Susan Currie Library Director Tompkins County Public Library 101 E.Green Street Ithaca, NY 14850 http:tcpl.org 10/12/2011 Page I of 2 Paulette Terwilliger From: Herb Engman Sent: Tuesday, October 11, 2011 11:39 AM To: Paulette Terwilliger Subject: FW: Proposed Tax Increase Herbert J. Engman Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 (607) 273-1721 Ext. 125 From: Herb Engman Sent: Tuesday, October 11, 2011 11:38 AM To: 'sundancetrails' Ce: 'Bill Goodman'; 'Eric Levine'; Herb Engman; 'Nahmin Horwitz; 'Pat Leary'; 'Rich DePaolo'; 'Tee-Ann Hunter' Subject: RE: Proposed Tax Increase Dear Bill: Thanks for your response to my newsletter article. We overrode the tax cap for at least four reasons: 1. As a safety valve should something drastic happen (such as a road collapse as happened on Forest Home Drive a few years ago) before we adopt a final budget 2. Because we can't predict what the state will do in terms of additional unfunded mandates (there have been several new ones in the past year alone) 3. Because, like yours, our health insurance costs have continued to climb, although we have limited the increase due to our active leadership with the county-wide insurance consortium. Our retirement costs (another state unfunded mandate) increased 17%this year and will be close to that next year 4. Because this is the time to invest in the Town's infrastructure. Let me expand on the fourth reason. In 2011 we saved the residents of the Town of Ithaca $750,000 because bids for projects came in much under budget. Contractors are eager for work. We saved another $500,000 because bids on our bonds were very low compared to historical standards. Recognizing that these opportunities will probably last another year or so, we are investing now (and yes, raising more money) in order to save millions over the long term. This is simply good long-term business strategy. The 5.8% levy increase will result in the typical homeowner paying about$62 more per year in Town taxes. The total is relatively affordable because the Town tax rate of under$6 per thousand of assessed valuation continues to be very low (the Ithaca City School District's is $17 and the City of Ithaca's $12). We do not take pleasure in raising taxes, but I believe we are putting the Town in a good position for future stabilization of costs and I think the Town of Ithaca residents are getting very good value for their money. Again, thanks for your input. Herb Herbert J. Engman Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 (607) 273-1721 Ext. 125 10/12/2011 Page 2 of 2 From: sundancetrails [mailto:sundancetrails@yahoo.com] Sent:Thursday, October 06, 201110:11 PM To: Herb Engman; William Goodman; rdpaolo@town.ithaca.ny.us; NHorwitz; T Hunter; P Leary; Eric Levine Subject: Proposed Tax Increase To: The Ithaca Town Board received in the mail an Ithaca Town Report which stated you were considering overriding the NY State law restricting tax increases to 2%. 1 would respectfully ask why? In this economy, you should be doing everything humanly possible to hold the line on taxes. I moved here from Pennsylvania and quite honestly am shocked at the attitude here in Ithaca New York to keep increasing taxes. If any of you run a business here (not Cornell related) you will find out how hard it is to attract good educated, engineering talent to Ithaca NY. Very difficult. If you run a business, you are also dealing with ridiculous Health care cost increases for 2012,which need to be absorbed by businesses and employees,yet we want to override a state law and raise taxes by 6%? Please reconsider, be responsible, hold the line and stop raising taxes. Figure out how to manage within the budget you have, run the town like it was YOUR MONEY. I question why I even stay here to run a business when other-states and towns are much more tax friendly. Personally I'm tired of the tax increases and so are many other folks that I talk to. Think about how to attract businesses to Ithaca NY, and not just service related, and please do not raise taxes on folks who are already overburdened. Respectfully, Bill 10/12/2011 Paulette Terwilliger From: Herb Engman Sent: Friday, October 14, 2011 9:16 AM To: Paulette Terwilliger Subject: FW: concern from Doug re: pump house Herbert J. Engman Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 (607) 273-1721 Ext. 125 -----Original Message----- From: Herb Engman Sent: Friday, October 14, 2011 9:1.3 AM To: 'Roxanne Marino' Subject: FW: concern from Doug re: pump house Roxanne, here is the response from staff. Please thank Doug for bringing this to our attention and certainly let me know if the problem persists. Herb Herbert J. Engman Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 (607) 273-1721 Ext. 125 ,10 w-----Original Message----- rom: Jim Weber Sent: Friday, October 14, 2011 9:01 AM To: Herb Engman Subject: RE: concern from Doug re: pump house Herb, We have followed up with Bolton Point on this issue. We have found that there were some problems with leaks in the injector hoses which have been repaired. Bolton Point will continue to monitor the situation now that the repairs have been made. . Let me know if you have any additional questions. Jim Jim Weber Dir. Public Works TOWN OF ITHACA 106 Seven Mile Drive Ithaca, NY 14850 p: 607-273-1656 f: 607-272-6076 w: www.town. ithaca.ny.us -----Original Message------ From: Herb Engman Sent: Tuesday, October 11, 2011 3:54 PM To: Jim Weber Subject: FW: concern from Doug re: pump house Jim can you follow up on this and let me know the outcome? 1-" erb Herbert J. Engman Town Supervisor Town of Ithaca 1 215 North Tioga Street Ithaca, NY 14850 ' (607) 273-1721 Ext. 125 -----Original Message----- From: Roxanne Marino (mailto:roxanne.m.marinoegmail.com] Sent: Tuesday, October 11, 2011 2:38 PM To: Herb Engman Subject: concern from Doug re: pump house Hi Herb, I received the following message from Doug, outlining a problem he sees with the Woolf Lane pump house and the residual chlorine levels from samples coming into Ulysses. Can you talk to Jim and get back to me on what your sense of the situation is, and what can be done about it to correct the problem? Thanks very much, Roxanne From Doug -- I believe the (Water Agreement) contract says that the Town of Ithaca will operate and maintain the pump house as it was designed. It was designed to deliver water with sufficient Chlorine residuals for us to maintain our lines at the required DOH levels of residuals. Recently, we have been having problems maintaining the required residuals because the water coming into Ulysses is not at the residual levels that were perscribed by Tomp. Co. DOH when the system was put into service. DOH (at a meeting upon start up) informed Bolton Point that the water should be coming to us at a residual sufficient to keep our tank at a residual of 2.0, which means that they would have to send water to us at a residual of 1.75-2.0 and we could add some at our tank if needed. In the last month, readings at the first hydrant in Ulysses 110� (H1) have been any where from .5 to 1.15 Cl residual. Our little pump at the tank is not sufficient to add the needed Chlorine solution to make up that much difference. I have called Joan Foote at Bolton Point several times and requested more Chlorine be added at the pump house. So far, with little success. BP is under contract with Ithaca to operate and maintain the pump station. Some one needs to check out the problem here. I have also called T.C. environmental health to advise them of the situation, I believe Steve Maybee called Joan last week to find out what is the problem. f� 2 Paulette Terwilliger AW0041 From: Herb Engman Sent: Monday, October 17, 2011 8:27 AM To: Bill Goodman; E Levine; Herb Engman; NHorwitzContact; PLearyContact; RDepaoleContact; THunterContact Cc: Paulette Terwilliger Subject: FW: sustainability efforts A little follow up. Herb Herbert J. Engman Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 (607) 273-1721 Ext. 125 -----Original Message------ From: cmoore2@twcny.rr.com [mailto:cmoore2@twcny.rr.com] Sent: Saturday, October 15, 2011 2:40 AM To: Herb Engman Subject: RE: sustainability efforts I am ok with the bonding for the upgrades to the sewage treatment plant. That is the type of activity that I support because it is the town board doing something specific in the here and now rather than hanging something out there for future generations to run with. Yes there are corporations that don't plan ahead, there are towns that do the same thing. We are fortunate that the Town Of Ithaca is not one of those entities. I know that future boards can adjust as needed. However I see the need to try not to make that too ,., burdensome. Most everyone is aware of the challenges future generations are going to have to face regarding fossil fuels. I don't think the Town Board needs to spend time on that. I do feel the board should concentrate it's time and resources taking specific actions that will be in the right direction (saving money and conserving for example) utilizing what is available today, staying informed about new developments and selecting from those which ideas, products or concepts will bear fruit and act on those. When I asked my 12 year old son to consider the GHG goals set for 40 years from now he said he didn't have a problem with something like that because his generation would ignore them and do their own thing. Even though he knows what is coming he is quite indifferent to the idea that we can solve those problems now. I would very much like to stay involved in these discussions. Thanks, Clayton ---- Herb Engman <HEngman@town. ithaca.ny.us> wrote: > Clayton, thanks for the message. I 'll try to respond to your concerns. > > One reason for looking ahead decades is that it will take that long to make a substantial dent in the energy conservation realm. We are likely to run short on fossil fuels at some point and conservation is the best way to prolong that day. Of equal note is that we are trying to save the Town money. For example, the $8 million we will spend on the sewage treatment plant is guaranteed by the performance contracting company (Johnson Controls) to pay for itself through energy savings over the life of the bonds. We can't do that sort of thing on a four-year election schedule. One short-coming of US business practices is that corporations are looking at the next quarter or year rather than taking the longer, more sustainable approach. We (or the next people in office) can certainly adjust the plan as needed. > This energy conservation plan focuses on government operations. The next step is to involve the public in a discussion of what it might want to do to contribute to energy use reduction. That process has not yet begun. Any action would be pure?_r --o1•_intary; the Town government has no intent and no way to force anything beyond our o,vin internal operations. > > I hope you will participate in the future discussions. They likely will not happen until 1 after the 1st of the year because we are losing our grant-funded sustainability coordinator to a permanent job at a local foundation and we will have to re-organize. Again, thanks for your talking the time to express your opinions. > > Herb > Herbert J. Engman > Town Supervisor > Town of Ithaca > 215 North Tioga Street > Ithaca, NY 14850 > (607) 273-1721 Ext. 125 > -----Original Message----- • From: cmoore2@twcny.rr.com [mailto:cmoore2@twcny.rr.com] > Sent: Tuesday, October 11, 2011 7:07 PM > To: Herb Engman > Subject: sustainability efforts > Hi Herb, > Conservation is a good thing. I've become quite concerned regarding the commitments that the Town Board has committed the Town to regarding the reduction of GHG emissions. I have several concerns: > 1. I have never met an individual or group of individuals who can see the future. The current Town Board seems to think they have that ability. I don't think they do. Therefore I believe the window that this board should be operating in should barely exceed the terms of the individuals who are on the board. This board is making commitments beyond the life expectancy of many of it's members. I believe this is wrong. Future generations should be left to determine their own destiny and not be saddled with commitments made for them by previous generations. The current board should be concentrating on what it can contribute to the need to reduce GHG now and leave the future to those who follow. > 2. The Board has not done enough to know what the citizens living in the town think about this subject. Obviously there are numerous people who feel strongly about and are quite vocal about their feelings.' This does not mean there is overwhelming support. More work on the part of the Board needs to be done to gain that knowledge. There are ways to do this and a greater effort needs to be put towards this end. If all of the members of the Board are in agreement that still does not mean on this type of issue the town's citizens are behind the board. > 3 . For me this is a stretch but I question where the Board's authority to make commitments of this nature especially attempting to dictate individuals water usage and fuel consumption comes from. > Can you enlighten me about where the Town Board gets this authority? > These are my greatest concerns and I appreciate the opportunity to share my concerns with you. > Sincerely, > Clayton Moore > 104 Enfield Falls Rd > 2 To the Town of Ithaca Board: I'm writing to express my opposition to the proposed budget increase for 2012. I am unable to attend the meeting this evening as I'm travelling to a conference. Your proposed increase of S.8% is double the cap recently set by NY State and is an insult to taxpayers. It demonstrates your complete lack of empathy for your constituents and the struggles we face each day. None of the local major employers that I know are handing out 6% average wage increases. Perhaps government workers inhabit a parallel universe but here's the reality for those of us who work for Cornell, Ithaca College, or one of the area's private employers. Taxes are rising faster each year than our incomes. Did you know that Tompkins County ranks 28th nationally for the highest rate of property taxes relative to the average value of a home? Did you know that we rank 58th nationally for the highest percentage of taxes to average incomes? We also have our"unfunded mandates" to deal with beginning with property taxes •� and including healthcare costs, utilities, and gasoline expenses. When we are offered a 2 or 3% salary increase from our employers we don't have the luxury of rejecting it and asking for twice as much to cover our rising costs. When expenses continue to rise faster than incomes, our standard of living suffers. My family has cut back on restaurant meals, vacations, and other forms of discretionary spending. We have deferred home improvements for fear of having our assessment raised. We are fortunate to have jobs that we really like but we've begun to investigate living outside of the county or possibly relocating to another state altogether. The property tax cap recently passed in New York is our last real hope of breaking the cycle of rising government spending combined with stagnant incomes. Please consider a more responsible budget that responds to the current economic climate and the mandate passed by our state government. Thank you: Kurt Komaromi 10 Peachtree Lane Ithaca, NY 14850 Page I of' 1 Paulette Terwilliger From: Herb Engman Sent: Monday, October 17, 2011 2:33 PM To: Bill Goodman; E Levine; Herb Engman; NHorwitzContact; PLearyContact; RDepaoloContact; THunterContact Cc: Paulette Terwilliger Subject: FW: town meeting Herbert J. Engman Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 (607) 273-1721 Ext. 125 From: Marge [mailto:margescerbo@gmail.com] Sent: Monday, October 17, 2011 1:39 PM To: Herb Engman Subject: town meeting Mr. Engman I am a resident of the town of Ithaca and am very concerned about the rate of increase in our taxes. The proposed budget is twice the property tax cap. How long can this trend continue? How can a person on a fixed income continue to live in the town? Even if I accepted that the rate of increase was necessary, how do you propose to limit the tax increases from year to year? It's easy to say this increase will only be on average$60 per homeowner, but no one can say that it will not increase as much every year in the future. I am very concerned. Is the meeting tonight to discuss the tax rate or is this increase already a forgone conclusion? Thanks Marge Scerbo 10/17/2011 RDTH October 18, 2011 To Paulette Terwilliger Town Clerk,Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 Re: Expression of Interest in Planning Board Position Dear Paulette: Please accept this correspondence as confirmation that 1 would appreciate being considered by the Town Board for (re-)appointment as an alternate on our Town's Planning Board for the period calendar 2012. I would also appreciate being considered for any other (i.e., non-alternate) Planning Board positions that may arise in the future. Thank you very much. Very truly yours, Davi�Fottje cc. (via e-mail): Fred T.Willcox III; Hollis Erb From: Elijah McCarthy [mailto:emccartes@gmail.com] Sent: Wednesday, October 26, 2311 12:57 PM To: Herb Engman Subject: Re: Tompkins Weekly Article Herb, Thank you very much for the interview, I must say you answered the questions thoughtfully and in fine detail, which will make for an informative article. Again, I appreciate your time and your working with me to get this information out to the public. -Elijah On Tue, Oct 25, 2011 at 4:53 PM, Herb Enoman <HEngman@town.ithaca.ny us> wrote: Elijah, I have made comments in bold after each of your questions. Please get in touch if you need more information. Herb Herbert J. Engman Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 (607) 273-1721 Ext. 125 From: Elijah McCarthy [mailto:emccartes@g-mail.com] Sent: Tuesday, October 25, 2011 3:23 PM To: Herb Engman Subject: Re: Tompkins Weekly Article Herb, 1 have looked over the attached documents sent to me by the editor and the energy action plan on the Town of Ithaca website. I think if you can comment on what this means for ithaca residents in their day to day lives? For the first stage, the Government Energy Action Plan, Town of Ithaca residents will probably not see any effect on their day- to day lives except for recognizing the role model the Town is trying to create for reducing energy use. The second stage, the Community Energy Action Plan,will involve the public and call upon them to help save energy in their own lives. what kind of investments will be required, i,e. higher taxes or energy costs? There will initially be required an investment in energy reducing equipment and systems. This may mean marginally higher taxes for a short time, but eventually energy use reductions will save taxpayers a great deal of money. For example, the energy performance contract we have with Johnson Controls will improve the sewer treatment plant by nearly $9 million. We must pay for the initial bonding, but over time all the improvements will be paid for by the energy savings. If the energy use does not decline as predicted Johnson Controls will have to reimburse the Town for any overage. The sewer treatment plant will be more cost-effective to run for decades. and why will it take 9 years to reach a 30% reduction? It will take a long time to reduce all the energy predicted. Our fleet vehicles,for example, may not turn over for a decade or more and energy-efficient replacements are not yet available. Efficient street lights are still too expensive to be cost effective, but that will change over time. Major items like building boilers are replaced only every couple of decades. Changes like green purchasing policies must wend their way through the process before becoming reality and will depend on their success by changing people's (in this case employees') behavior. The point is if we don't plan for reductions in energy use, they will be much less likely to happen. what are or what were the actions to conserve energy before this study and the vote to pass the plan? We reduced energy use in Town Hall by turning off computers every night and all other office equipment for weekends and holidays. In the past they were all left on "sleep" mode, which draws a lot of"phantom" electricity. We offered free bus passes to employees who are near a bus line. We replaced all the bulbs at Town Hall and the Public Works Facility with more efficient ones, which will save us up to $2,000 per year. We use solar for our Town Hall parking lot gate as well as for the electronics on several water tanks. and what will be the first things to take effect now that the plan is a definite? This week we are using white paneling for our Town Hall roof replacement. This will save building energy use. We are investigating a performance energy contract (like the one for the sewage treatment plant) for the water treatment plant. We are also investigating changing the drinking water billing system to encourage water conservation and thus save energy used for producing and pumping water. We will investigate solar panels for our Public Works Facility roof. The layout of the action plan is very detailed and extensive and I only have about 800 words to get the information out there, so, if there is anything else you would want to be quoted on please send some words along. If we are to reduce the need for gas drilling and coal-fired power plants both Town government and our residents must find ways to reduce our reliance on fossil fuels. I appreciate your time, Elijah On Tue, Oct 25, 2011 at 10:31 AM, Elijah McCarthy <emccartes@gmail.com>wrote: Ok, Herb, thank you. I will most likely write up the questions in an email. I think that will be easiest for us both. 1 appreciate you getting back to me and I will send you a short list of questions after 2PM. Elijah On Tue, Oct 25, 2011 at 8:23 AM, Herb Engman <HEngman @town.ithaca.ny.us> wrote: Hi, Elijah. I can talk either today or answer questions via e-mail. I should be in all day except for 11:30 -2. Herta Herbert J. Engman Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 (607) 273-1721 Ext. 125 OF 12, ° �> TOWN OF ITHACAC (op'f 1e 2' 215 N. Tioga Street, Ithaca, N.Y. 14850 YO www.town.1thaca.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 October 27, 2011 Heather Filiberto Tompkins County Economic Development 401 E. State Street/MLK Jr. Street Ithaca, NY 14850 Dear Heather; am delighted to support TCAD's application for funding to develop a master plan for the Emerson property. City of Ithaca Mayor Carolyn Peterson and I have spoken frequently concerning our mutual desire to see the extensive Emerson site and buildings re-purposed in a positive manner. The Town of Ithaca is most interested in seeing a mixed use of the facility— housing, offices, light industrial and other small-scale commercial. Given its convenient location to downtown, Emerson is an ideal location for all these uses and will not greatly impact the surrounding neighborhood nor increase traffic dramatically. The Town of Ithaca has funding to build a pedestrian and bicycle trail from downtown to Buttermilk Falls State Park once a right of way is secured across the Emerson property. The trail will also allow the opening of the unused footbridge across Route 13 and thus provide safe, off-road access to the extensive shopping district and the future Black Diamond Trail. The trail will be an amenity that will be very attractive to residents and workers at the "new" Emerson. Please let me know how the Town of Ithaca can help to make TCAD's project a success. Sincerely, e Bert J. En n7 Town Superv' r Page 1 of 2 Paulette Terwilliger From: Herb Engman Sent: Thursday, October 27, 2011 9:23 AM To: Paulette Terwilliger Subject: FW: Town of Ithaca/Village of Trumansburg Water call Herbert J. Engman Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 (607) 273-1721 Ext. 125 From: Watkins, Debbie [ma iIto:Deb bie.Watkins@cedarcrestone.com] Sent: Thursday, October 27, 2011 8:29 AM To: Herb Engman Cc: Anthony Martin Petrovic Subject: RE: Town of Ithaca/Village of Trumansburg Water call Herb, thank you so much for your continued concern. The village has decided to pursue other avenues and we will be pursuing the development and acquisition of a water filtration plant. With this decision we will not need to pursue the discussion mentioned. Thanks again for your direction and effort. Regards, Debbie Watkins Village of Trumansburg DPW, Water and Sewer Commissioner watkinsd@trumansburg-ny.gov (607)731-0042 From: Herb Engman [malto:HEngman@town.ithaca.ny.us] Sent: Wednesday, October 26, 2011 8:55 AM To: Watkins, Debbie Subject: RE: Town of Ithaca/Village of Trumansburg Water call Debbie, I haven't forgotten about your request— I just have not found a solution. I have talked with Town of Ithaca staff, Bolton Point staff, Roxanne Marino, and the County Health Department staff. The best I can offer is that we could provide water, but not guarantee for how long. If the Towns of Ithaca and Ulysses experience the growth we have planned for— but might not occur for years or decades—we will use up all our capacity. We could increase the capacity of our pipes, but that would necessitate a new line that our staff estimates would cost $4 million. Since we do not need the new line for Town purposes, we obviously can not pay for it. One more thing we could do is have a meeting with all concerned (those listed above) and see is everyone—especially the Health Department —is willing to proceed on an uncertain basis. Please let em know if you would like to do that. I can arrange it if desired. Herb Herbert J. Engman 10/27/2011 Pate 2 of 2 Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 (607) 273-1721 Ext. 125 From: Watkins, Debbie mailto:Debbie.Watkins@cedarcrestone.coml Sent: Monday, February 28, 20113:02 PM To: Herb Engman; rmm34cornell.edu; Anthony Martin Petrovic Subject: Town of Ithaca/Village of Trumansburg Water call I just wanted to recap the conversation that Herb Engman, Town of Ithaca and I had on Friday. Herb if you find anything misrepresented or missed please add to it. Herb was able to discuss and track down the original documentation when this discussion came up in the past in 2008. The document relates that they would be able to supply 250K gallon a day for a 30 day period. After further discussion it was determined that this number needs to revisited with current considerations taken into account. West Hill has significant increases in use planned in the near future for over 700 units. Herb also would like to have a discussion with Roxanne on proposed growth and needs in the Town of Ulysses. Herb needs to validate the numbers as there may have been additional main added that could increase these flow numbers. We will need to approach Bolton Point on pricing and timing if we are to go forward. They currently have an agreement with NYSEG to work off hours for substantial rate savings. This demand may require day time processing and therefore increase the pricing model. At this time, Herb has the action items to send me the original document via email, discuss future usage with Roxanne and validate the flow numbers. I want to take the time to thank Herb for his support and time in helping us research this matter. Debbie Watkins Village of Trumansburg Trustee Water, Sewer and Department of Public tb'orls C mins: l0I I, Voice/Direct: (607)387-5438 Email: watkins@trumansbura-nv aov If you are not the intended recipient of this message please treat confidentially, notify the sender and delete it. 10/27/201 1 Tompkins County Li ` A DEPARTMENT OF PLANNING Edward C. Marx,AICP 121 East Court Street Commissioner of Planning Ithaca, New York 14850 Telephone(607) 274-5560 and Community Sustainability- Fax (607) 274-5578 October 31, 2011 Hon. Herb Engman Town of Ithaca 215 N. tioga St. Ithaca, NY 14850 Dear Supervisor Engman, The New York State Department of Environmental Conservation (DEC) recently released the Revised Draft Supplemental Generic Environmental Impact Statement (SGEIS) and once finalized will begin issuing permits for high-volume hydraulic fracturing operations (HVHF), i.e. drilling for and extracting natural gas from shale that underlies our region. Even if very little drilling occurs in Tompkins County or your town, we are likely to experience secondary impacts because of gas extraction in adjacent counties. The impacts include increased traffic, increased demand for housing, and new or expanded businesses. Regardless of how this new development is viewed it is likely to occur at a pace that has not been experienced in this part of New York State, and unprepared municipalities run the risk of being overwhelmed by proposals that they do not have the tools to adequately address. It is in your municipality's best interest to consider the impacts and plan for them before a proposal is submitted or before your community's character is changed without any involvement of your local government. The information presented below is the result of a yearlong collaboration between the Tompkins County Council of Governments (TCCOG) and Tompkins County Planning Department, The TCCOG Gas Drilling Task Force has met regularly since May 2010 and has been discussing how municipalities can address issues related to gas drilling. An additional planner position, supported by Park Foundation funding, was added to the Planning Department staff to assist with this effort. There is much debate about the role that local municipalities will play in the future of gas development, though the debate could be put to rest shortly by the State Legislature or by the courts. 1 • The New York State Legislature is considering an amendment to the Environmental Conservation Law to clarify a municipality's jurisdiction on enacting and enforcing zoning ordinances for permissible uses. The bill,sponsored by Assemblywoman Barbara Lifton, passed the Assembly in June 2011 and awaits a vote in the Senate. • A lawsuit was recently brought against the Town of Dryden to challenge their zoning amendment prohibiting gas drilling in the town. A court decision could clarify the authority of local municipalities absent action by the State Legislature. Moreover, even though NYSDEC regulates the well pads and drilling processes,there are a number of other uses that could only be regulated by municipalities including such uses as truck terminals that may cause traffic congestion, dust, and so on. Municipalities can require such uses to be located only in industrially zoned areas and can use a zoning or site plan review process to require a traffic assessment, provision of necessary transportation improvements to mitigate adverse traffic impacts, and mitigating measures to address other adverse impacts on neighboring properties and the community. This type of development is not hypothetical. It is currently being experienced just over the State line in Pennsylvania and is certain to come here if drilling activity occurs. In order to begin to understand the potential impacts that natural gas extraction and ancillary uses might have on your community,the following steps should be taken: • Educate your town board and the public on the HVHF process and potential land use impacts. A number of resources are available, and public information sessions have been held to share those resources. • Determine how and where the DEC will permit gas drilling based on the Supplemental Generic Environmental Impact Statement. • Assess where gas drilling could take place in your community based on lease patterns, although this could change over time. • Utilizethe Municipal Tools list and prioritize a review of current plans, laws and regulations or the adoption of new plans, laws and regulations, as applicable to your community. The enclosed document, Municipal Tools for Addressing Potential Gas Drilling Impacts, highlights the What, Why, and How of each tool: • What provides.a definition of the tool; • Why explains the purpose or rationale for considering the tool based on the assumption that shale gas drilling and extraction may soon begin in and around Tompkins County, • How details the steps for the Town Board to consider for implementation. Local law adoption associated with a majority of the tools will require an environmental review and public participation. • Resources or DEC references are provided where applicable. 2 This document with additional resources will soon be available on the Tompkins County Planning Department (http://www.tompkins-co.org/planning under"Planning Department News") and Tompkins County Council of Governments (http://www.tompkins-co.ore/T000G/) websites. Accessing the Tools via one of these websites will allow for easier use of the links included throughout the document. The Municipal Tools list may seem overwhelming, but we believe that most communities still have time to become better prepared for potential impacts of HVHF should it come to their community or adjacent municipalities. It will be very difficult to play catch-up once the permitting process at the State level begins. The County Planning Department can provide advice and assistance as to how to apply these tools to your community. Sincerely, Edward C.-Marx, AICP Commissioner of Planning and Community Sustainability Enc. cc: Chairs, Planning Board and Zoning Board of Appeals Tompkins County Legislators 3 Municipal Tools for Addressing Potential Gas Drilling Impacts Review your Comprehensive Plan A town's comprehensive plan documents the goals, objectives, and action items for managing future growth and development in the community. The What? town should examine whether the plan appropriately addresses gas drilling, associated industries, and ancillary uses. If your town does not have a comprehensive plan, now is the time to develop one. The comprehensive plan is the legal foundation for zoning and many other regulatory tools Gas drilling was not on the horizon when many comprehensive plans were Why? last updated and therefore not accounted for in plan development. Plans should reflect the desired future land use of the community. Gather input from the community on its vision for future land use development anticipating a variety of uses associated with energy development; draft new, or amend existing, sections and host public How? hearings on the amendments for adoption by the Town Board. Specifically address compatibility of industrial uses, extractive industries, and impacts from intensive extraction methods such as high-volume hydraulic fracturing, with broader community goals and resources. The 2011 draft SGEIS specifically states that applicants for drilling permits NYS DEC must indicate whether they are in compliance with local comprehensive Reference plans and zoning and that local communities will have an opportunity to provide input to DEC on this issue. DEC would be required to consider this in the permitting process. The Town of Danby recently revised their Comprehensive Plan by incorporated language referring to natural gas development. Resources James A. Coon Local Government Technical Series: www.dos.ny.gov/LG/publications/"Zoning and the Com rehensivePlan. df Review Zoning Ordinance Zoning regulations specify types of uses, building lot size, and lot coverage in different zones of the town in order to be compatible with existing , uses, natural features, and community goals. If a community does not What? have a zoning ordinance it is lacking the most effective tool for addressing potential ancillary impacts of gas drilling and potentially whether gas drilling is allowed in a community and, if so, where. Uses Primary uses: Natural gas exploration and extraction, storage yards, gas Associated processing facility, compressor station, pipelines, water storage facilities. with Energy Secondary uses: Hotel/motels, RV parks, temporary housing, professional Development offices, construction companies, trucking facilities, gravel and sand mining operations. 1 A town's zoning provisions prevent uses that are injurious to the adjacent Why? parcels and the community as a whole. Natural gas extraction and ancillary uses may not have been considered when zoning was adopted. Review locations of existing residential, agricultural, and natural resources that could be negatively impacted by potential new uses. Amend zoning regulations by adding necessary definitions and specifying where these uses are allowed or prohibited. In zones where uses are allowed, site plan review or special permit can be required. Consider adding floodplain and stream buffer protection; protections for unique natural areas, such as How? conservation zones; protections against fragmenting agricultural lands and intact forests; industrial land use definitions; differentiation between heavy and light industry; districts where different types of industrial land uses are allowed or prohibited; prohibited land uses, including those prohibited in all districts; and buffers between industrial land uses and _ other uses. Resources Prohibiting gas drilling: see examples from towns of Dryden, Ulysses and Danby. Review Site Plan Regulations A plan showing the layout or design of a proposed use. The site plan must What? conform to standards specified by the town and is reviewed and approved by the planning board. Site Plan regulations may be part of a municipality's zoning ordinance or may be in a stand-alone ordinance. New land development should be designed to avoid negative impacts on Why? surrounding properties. Definitions of new types of uses may need to be added to site plan regulations. Review current site plan regulations to ensure that standards and elements are appropriate and procedures are in place and understood. For ancillary How? impacts of gas drilling, site plan elements should include site access, screening, signs, landscaping, location and dimensions of buildings, lighting, noise, and adjacent land uses. Training presentation on Site Plan Review basics, procedure, and SEQR compliance: Resources www.co.ontario.ny.us%planning%acrobat/training/Site Plan Review%20.pdf James A. Coon Local Government Technical Series: www.dos.state.ny.us/Ig/publications/Site Development Plan Review,pdf ■"�* Apply Special Use Permits to Certain Uses Certain uses may be permitted but subject to conditions upon review and What? approval by a town board or its designee (planning board or zoning board of appeals). Special use permit requirements are usually part of a municipality's zoning ordinance. Special use permits allow a community to establish standards and conditions for a diversity of uses that could have adverse impacts on adjacent land uses. Whereas Site Plan is generally a non-discretionary Why? review if standards are met, special use permits usually allow for a wider range of discretion and judgment by the reviewing body regarding whether a use is appropriate at a given location. Review permitted uses and potential uses associated with energy How? development to determine if they should require special use permits and, if so, what special use permit criteria should be established for them. Roads Protection A town can protect its roads from damage by developing a road use regulation or road use agreement for high impact, high frequency truck ,•+�. What? traffic. A town can review and approve driveway permits for new road cuts on local roads. High impact, high frequency truck traffic associated with HVHF will i d " damage roads over time. The repair cost may impose a burden on Why? municipal budgets, and agreements provide a means for compensation for damage. How? Work with the County and municipalities on efforts to coordinate draft Road Use Regulation and/or Road Use Agreement. Revised Draft SGEIS 2011, Appendix 10 PROPOSED Supplementary Permit Conditions For High-Volume Hydraulic Fracturing: The operator shall adhere to the Department-approved transportation NYS DEC plan which shall be incorporated by reference into this permit. In addition, issuance of this permit does not provide relief from any local Reference requirements authorized by or enacted pursuant to the New York State Vehicle and Traffic Law. Prior to site disturbance, the operator shall submit to the Department, for informational purposes only, a copy of any road use agreement between the operator and municipality. 3 Designate Critical Environmental Areas (CEA) Designated CEAs have one or more of the following: a feature that is a benefit or threat to human health; an exceptional or unique natural What? setting; of exceptional or unique social, historic, archaeological, recreational, or educational value; or an inherent ecological, geological, or hydrological sensitivity to change that may be adversely affected by any physical disturbance. Development in CEAs may require examination under SEQR of impacts Why? related to the reason why the area was designated. This could be a reason for an additional supplemental environmental review. How? Municipal board may designate areas as described above after public notice and hearing. Resources NYS DEC Section 617.14 Aquifer Protection Regulation Groundwater resources serve as private drinking water sources and as base flow for streams. Primary aquifers are designated by the NYS Department of Health as "highly productive aquifers presently utilized as sources of water supply by major municipal water supply systems." Principal aquifers are "known to be highly productive or whose geology What? suggests abundant potential water supply, but which are not intensively used as sources of water supply by major municipal systems at the present time." Municipalities can adopt regulations to limit uses that might impact the quantity or quality of waters in an aquifer. While no High-Volume Hydraulic Fracturing operations will be permitted on primary aquifers, protection of principal aquifers is limited. DEC will Why? require a site-specific determination for HVHF activities within 500 feet of a principal aquifer. In Tompkins County, there are principal aquifers but Eo primary aquifers. Determine aquifer locations and appropriate protection areas, and adopt protection regulations. Tompkins County has a cooperative cost-sharing How? agreement with the United States Geological Survey to study aquifers in Tompkins County. A municipality should contact the County Planning Department if interested in participating in this program. Resources See draft example from the Town of Danby Revised Draft SGEIS 2011, Section 3.2.5: NYS DEC Site-Specific SEQRA determination of significance is required for any Reference proposed well pad within the boundary of a principal aquifer, or outside but within 500 feet of the boundary of a principal aquifer. 4 Wellhead Protection Regulation Regulation to limit activities within a certain distance of public water What? supply wellhead. NYS DEC setbacks might not adequately protect drinking water supplies Why? from potential impacts and are time-limited. How? Determine an appropriate zone of protection and adopt wellhead protection regulations. Tioga Investigates Natural Gas, Resource Binder: Natural Gas Exploration Resources and Development, revised 5/11. Chapter 6 Wellhead Protection Ordinance, example from Village of Newark Valley. NYS DEC Revised Draft SGEIS 2011, Section 7.1.12.1: Reference Prohibits operations of multi-well pads and HVHF within 2,000 ft of any public water supply well (subject to reconsideration after 3 years). Noise, Lighting and Air Standards Standards can be imposed that limit noise level and duration, lighting What? fixtures and locations, and assure that air quality is maintained. Why? Offensive noise, lighting, and air quality negatively impacts adjacent .,, property owners and natural resources (such as birds and wildlife). Standards can be added to zoning, or site plan review, or adopted as a How? stand-alone local law. Each standard will need to include levels and limits that are enforceable. Tioga Investigates Natural Gas, Resource Binder: Natural Gas Exploration and Development, revised 5/11. Chapter 4 Land Use includes Model Noise and Model Light Ordinances. �vww.noi-ioisc.orgdawlib.htm PA DEP Fugitive Dust Model Ordinance Resources www dep state pa us/dep/deputate/airwaste/ag/permitlmisc/dustord.pdf NY Air Quality Monitoring www.dec.ny.govLchemical/8406.htmI NYC Air Pollution Control Code NYC home2 nyc gov/html/dep/html/air/air code related forms.shtml Revised Draft SGEIS 2011: + Noise Mitigation addressed in Section 7.10; + Lighting Mitigation addressed in Section 7.9; NYS DEC Reference + Air Quality Impacts addressed in Section 7.5. DEC Policy Guidance Document DEP-00-1, Assessing and Mitigating Noise Impacts www.dec.nv.gov/docs/permits ej operations df noise2000.pdf 5 Viewshed (or Scenic Resource) Overlay District Anoverlay district (within a zoning ordinance) to protect scenic views by imposing specific requirements that include landscaping and site design, What? the preservation of native vegetation, and the design of buildings and structures. Scenic views are an important resource in Tompkins County and can be Why? protected by limiting certain uses along ridgelines and in viewsheds. Determine where scenic views are located. Adopt an overlay district NOWT regulation that requires a visual assessment review. See example from the Town of Blooming Grove. Resources Tompkins County Scenic Resources Inventory and Guide at www.tompkins-co.org/planning/nri/Scenic Resources.htm NYS DEC Visual Mitigation Measures addressed in Revised Draft SGEIS 2011, Reference Section 7.9. Tree Preservation A tree preservation ordinance prevents excessive clear cutting of forest What? stands. Forest areas are important for wildlife, local ecology, water quality, and scenic views. As a law of general applicability, a town can protect intact forest resources from being cleared for new land uses. Limiting the amount of land that is Why? clear-cut protects land from fragmentation, reduces the spread of invasive species, and protects water and air quality. The town board can adopt an ordinance with thresholds for the amount of How? land cleared and what uses are exempt, such as single family homes or agriculture. NYS DEC Tree Ordinance Guidance www.dec.nV.gov/lands/5276.html Urban Tree Conservation: a White Paper on Local Ordinance Approaches by Sandra Nichols Resources www,urbanforestrysouth.org/resources/library/urban-tree-conservation- a-white-paper-on-local-ordinance-approaches/file Guidelines far Developing and Evaluating Tree Ordinances by Swiecki and Bernhardt. www.phy_t_osphere.com/treeord/index.htm 6 r Adopt Pipeline Regulations Gathering lines are pipelines with smaller diameter and lower pressure What? that transport oil and as from a well to a transmission line. Gathering lines that fall below the thresholds for which the Public Service Why? Commission regulates are not regulated by any agency (except where lines go through environmentally sensitive areas). Regulate gathering lines by adopting a local law that specifies the How? conditions and requirements for building and inspecting these gathering lines. See draft example developed by Chenango County. Resources NYS Ag & Markets, Pipeline Right-of-Way Construction Projects www.agmkt.state.nV.us/ap/`agservices/` WEBAPConstrGuidgl.pdf Manufactured Home Park (MHP) Regulations MHPs can be regulated through site plan review or subdivision review, or with What? Zoning. Mobile Homes may NOT be purposely prohibited in a town. With an increase in gas drilling in our region, temporary or transient workers will increase the pressure on the current housing stock. Landowners or Why? developers may consider adding manufactured homes (individually or in parks) as a temporary housing measure for gas industry workers or current residents. Municipalities with Zoning: The Town Board should consider appropriate zoning districts for MHPs and the review and permitting process. MHPs may be subject to special use permit, subdivision review, and site plan review. How? Municipalities without Zoning: Subdivision review and/or site plan review may be used to review MHPs. A stand-alone MHP ordinance can also be adopted. Review guidelines should address road signs, street lighting, sidewalks, stormwater, street trees, parks, common areas, and amenities. Municipal Regulation of Mobile Homes: Resources www.dos.nV.gov/LG/publications/Municipal Regulation of Mobile Homes.pdf Subdivision Regulations Regulations on the division of a parcel into a number of lots to be developed or sold. Standards for subdivision review are to ensure the proposal is in concert with the neighborhood character and to protect What? adjacent properties ftom sturinwater runoff, traffic congestion, unsightly design, and noise pollution. The planning board reviews subdivisions �— based on Town Board's standards and requirements, which include public hearing and environmental review. 7 C� 6 Land subdivision may be desirable for residential or other development. Towns may want to specify lot size, setbacks and other requirements, and review proposals based on set procedures. The Town Board has the authority to adopt regulations,standards, and what types of land subdivision are subject to review and approval. Floodplain Regulations 'h FEMA developed Flood Insurance Rates Maps showing floodplains,which are flood-prone areas adjacent to streams and other water bodies. The Revised Draft SGEIS requires that operators review floodplain maps, . and HVHF activities will not be permitted in the 100-year floodplain'. p Y p However, other activities could be located in floodplain areas. To participate in the National Flood Insurance Program, towns must adopt a local Flood Damage Prevention Law and issue permits for floodplain o , ? development. Towns should review floodplain maps, local law, and permitting procedures and may want to prohibit most uses in the floodplain. A. Extractive Mining Regulations IF-Alry � ? An extractive mining operation (such as gravel and sand) requires a permit xy �s fromDEC Under the Mined Land Reclamation Law, municipalities can fire ' take the following actions related to extractive mines: exclude from the kentire town, limit to specific zoning districts, or issue Special Use Permits with limited conditions. Municipalities may not regulate the operation of a k properly sited mine. Special Use Permit conditions are limited to local All road access, transportation routes, setbacks, and land reclamation, as long as the conditions are consistent with the DEC's permit. Gravel is needed for road building and well pad areas. .` Sand is used as a propping agent in the shale fracturing process. 4akh'`yl+i� Town Boards should decide if or where extractive mining is appropriate within the municipal borders. If allowed, ensure that the appropriate special use permit procedures are in place—these procedures need to apply to all other uses that are subject to special use permits. Municipal Control Over Mining in New York, by John Caffrey& Inga Fricke landuse.law.pace.edu/landuse/documents/PublishedArticle/ �R�sburce�sk Reel/MunConOverMiningNY.doc Mined Land Reclamation Law Environmental Conservation Law Article 23, r Title 27 8 Construction and Post-Construction Stormwater Runoff Control What? Regulations to limit stormwater runoff associated with land disturbances. While DEC will require a "Comprehensive Stormwater Pollution Prevention Plan" for access roads and well pads, towns can adopt or Why? review existing regulations to address stormwater runoff from other land disturbance activities. MS4s: Review existing stormwater regulations and amend if necessary, How? especially for linear disturbances such as pipelines. Non-MS4s: Towns can adopt stormwater regulations in order to review stormwater pollution prevention plans for land disturbances. NYS DEC Stormwater website: Resources www.dec.ny.gov/chemical/8468.html Illicit Discharge Detection and Elimination Regulations What? Pollutants that enter a municipality's storm sewer system during dry periods are considered "illicit discharges." An increase in construction or industrial activity in a town will increase the Why? risk for illicit discharges. Adopt or review an existing local law that defines the range of illicit How? discharges to be covered and specifies the enforcement mechanism. Establish a reporting and tracking system. 1DDE:A Guidance Manual for Program Development and Technical Assessments, by the Center for Watershed Protection Resources ftp://ftp.dec.state.ny.us/dow/stormdocuments/ms4 /illicit discharge detection and elimination /illicit discharge detection and elimination assistance /guidance/full final idde manual.pdf 9 Wetlands Wetland areas in the landscape offer a range of benefits from reducing flooding and erosion, protecting water quality, and providing habitat for wildlife. Under the Freshwater Wetlands Act (Article 24 of Environmental What? Conservation Law), NYS regulates wetland areas that are 12.4 acres or certain smaller wetlands of unusual local importance. Section 404 of the Clean Water Act provides the authority to the federal government to issue permits for wetland impacts. Wetlands that are not under the jurisdiction of NYS or the federal Why? government are at risk from destruction from a variety of development activities. NYS Environmental Conservation Law (24-0501) provides the authority for How? a local government to adopt freshwater wetlands protection law, however, wetland mapping is a necessary step to implementing the law. _ Tompkins County Water Resources Council Wetlands Committee, includes a report of Wetland Protections for Tompkins County and a draft wetlands Resources local law: www.tompkins- co.org/planning/committees/WRC/WRCWetlandsCommittee.htm Fees Most regulations provide authority for the governing body to set What? application and review fees for permits or other types of reviews. This would be a good time to review the authorizing language and fee levels to make sure they are adequate to allow your municipality to obtain Why? professional technical assistance for these reviews at the applicant's expense. 10 OF 9 TOWN OF ITHACA 21 215 N. Toga Street, Ithaca, N.Y. 14850 A, yon-- www.town.ithaca.ny.us Paulette Terwilliger,Town Clerk Phone: (607) 273-1721 Debra DeAugistine, Deputy Town Clerk pterwilliger@town.ithaca.ny.us Fax: (607) 273-5854 ddeaugistine@town.ithaca.ny.us November 1, 2011 Jim Niefer 102 Brandywine Rd Ithaca, NY 14850 Dear Mr. Niefer, The Town would like to thank you for your service and commitment to the Zoning Board of Appeals and determine your interest in reappointment, Please contact me via email or letter to let me know your thoughts so I can convey them to the Town Board at their December meeting. Thank yo n e, Paul fte Terwilliger ev, 1 wv Page 1 of 1 Paulette Terwilliger 1400"': From: tom,magda hohn [mthohn@gmail.com] Sent: Monday, November 07, 2011 3:39 PM To: Paulette Terwilliger Subject: hayts road petition Hello. My name is Thomas Hohn and I am petitioning to have the speed limit on Hayts Road,between Route 96 and Sheffield road, reduced from 55mph to 45mph. There are a number of reasons for this request: Although the speed limit is 55mph, several motorists exceed the limit;just recently, my daughter's school bus driver commented on the cars well surpassing the established speed limit. There are several more houses on Hayts Road, contributing to an increase in pedestrian and motorized traffic. Several people have blind spots when pulling out of their driveways. There are several runners,bicyclists, pedestrians, and pedestrians with strollers on Hayts Road. The area is very close to the Cayuga Medical Center. There are a large number of farm/harvesting machines on this road. There have been several accidents involving stopped school buses,passing cars, deer, and wreckless driving which ends up in the ditches on either side of Hayts Road. There are several school children who stand off to the side of the road while waiting for the school bus. Several drivers do not slow down as they pass. EVERY signatory has had a story to tell, mostly as a witness to an accident. Everyone asked to sign the petition agreed to do so; not one resident refused to sign. Personally, we have lived on Hayts Road little more than three years and have witnessed several accidents and one near miss with a child. In those three years we have seen a noticeable increase in traffic. If we had known that Hayts Road had had so much traffic, we would not have moved here. Because of the increase in traffic and the high speed limit, Hayts Road is too dangerous for those who live on it and drive on it. Thank you for your consideration. Thomas Hohn 244 Hayts Road Ithaca 11/7/2011 r.. 0 d y 0 o � � () O O O O N M 0- 0 O O O O O 0 O O O O N O O O 0 La Ln w 0 O 0% Ln Ian J O O O O O .q O O o C V < } Y Y O a Q 6 Q Q d Q Q d Q J = S S = S S 2 S S S N U Z WtZN O ^ NS 7 d �Zi i LU a r fA M ¢ w @' m O z w W to W Q 0 i Z c ' m z o Z '� Z 0 O a z W O U O ti O W gLLI Q V1 0 Ln Q d z W r � r a LU N r � Oa, W z W O r c Z U � 'i O 5 O >J- Z O W a p w q w w p W O W a p tq � f to V) tan c a c O Q ¢ Q m m Q m a a d O N CO Q O C% O N O O U co O .Nr N 00 .Ni m v 0 N 'O N Y L !D x n ul N "At � co uoi � y Z Z 2 Zn co N N o 3 Z o 0 o a 0 0 0 0 0 0 v 110 0 0 0 0 0 ro w th m U in th uvi m m w in v) t'n t~n O 41 M M M M N N N M a'O I- A ti N N .N+ N N N N N J m r C r a O } uj LU O F N f � E E V1 O [V O5 E Q Q 6 4 i !� Y OU] c O r - w. g 0 0 Z O O p N r L 0 0 0 0 Q Z Z a Z Z ti O V (7 C7 C7 l9 r Z Z w d ,W., 7 O y M 0 5 g g j 0 O a t7 l? S F- �- ` O N Z Z 0 0 0 0 o O o 0 0 o i t N N N N N N N N N N E n n n n m ryo n o o E Q N N N N O 14 ti N M M LN N N N N n Cy U„ O O O O O a O 0 O O 0 O 0 O (n A v � r Q T Q) a d 0 0 Ip O O O� t0 M M .+ •+ N LL. 'O 3 .-+ .� ••� O O O O O N C O C � Z C m d u z o c � z °z 9a z 8to w • M N N MV N M Off N M N N N ti N C in o O y N 4 = Q z Z C oE °a = x z ¢ o o w Z z z z z o u u O ❑ z 0 O Z a a o v � z z a z � O 5 cD U ° 5 s x x r '' N a N dLnU, Q � .-� •-I � N N N N �••� rIAI V O O O O O O O O O O O r A r Z M C N 7 M O N N 1i /�/� lacp�Ap 111 V1 111 V) IA N CD LL p U UOf V1 {1 t0l1 N IOfl Um1 N O z `� T ti N ti r-i rl N O O O E N N N N c L QN 17 1f N N .\•� N N Il t V STATE OF NEW YORK- DEPARTMENT OF TRANSPORTATION TO TRAFFIC AND SAFETY DIVISION V GA OFSTUDY NO.: 3110076 0•sNOTICE OF ORDER FILE: 50.12-89 TROOP: C THE DEPARTMENT OF TRANSPORTATION HAS FILED AN ORDER WITH THE SECRETARY OF STATE WHEREBY: SECTION: 1050.12 SUBDIVISION: ( q ) PARAGRAPH: ( ) OF THE DEPARTMENT'S REGULATION IS ( ) ADDED ( X ) AMENDED to read as follows: ( ) REPEALED 45 MPH on Route 89, SH 1921, between the City of Ithaca/Town of Ithaca line and the Town of Ithaca/Town of Ulysses line, a distance of 1.8±miles. The above order will be effective upon the installation, modification or removal of the necessary trpffic control device(s) required by and conforming to the State Manual of Uniform Traffic Control Devices. September 21, 2011 APPROVED BY ? -1 PI L Regional Traffic Engineer (DATE) (SIGNATURE) (TITLE) DESCRIPTION: Order extends the northerly limit of the 45 MPH speed zone. COUNTY: Tompkins LOCALITY: Town of Ithaca OTHER RELATED ACTIONS ( X ) NONE ( } Identify: cc: ( CITY ( ) ( ) VILLAGE ( j SHERIFF ( X ) REGION (3) TRAFFIC ENGINEER — :5'-, (X ) TOWN ( X ) STATE POLICE ( X ) OTHER -CORTLAND,70MPKINS RESIDENCY ( ) COUNTY SUPT. { ) PERMITTEE DLG:JML:f1h TE 3e (10/08) - I - ,�•� TOMPKINS COUNTY HIGHWAY DIVISION 170 Bostwick Road, Ithaca, NY 14850 Received; 607-274-0300 Traffic Safety u Mobility FAX 607-272-8489 NOV 16 2011 November 14, 2011 Referred To. Dianna L. Graser, PE .� �7 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 Hayts Road, between j State Route 96/Trumansburg Road and Sheffield Road, in the Town of Ithaca. The appropriate TE 9a and Resolution, as well as supporting documentation and a petition, �. are submitted for your review and action. Please do not hesitate to contact me if I can assist further in your determination. Sincerely, fr 2isrry + ..i Highway Mana er Enclosures cc w/o enclosures: Paulette Terwilliger,Town of Ithaca Clerk W S/gll Pte+ Recycled paper Regional Traffic Engineer Region No. 3 'Received: r., i',�..;i ,ll �, ;:� .. & Mobility Department of Transportati n Traffic Safety NOV 14 2011 NGV 1 6 2011 t�rttpki{;s t::i:it{t• Gentlemen: Referred To: The Town Board of t own of Ithaca, by a resolution adopted November 7'h 2011, and the County Superintendent of Highways of the County of Tompkins, hereby -requests 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 Hayts Road, a County Road between State Route 96, Trumansburg Road, and Sheffield Road. 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: Q i Town Clerk Dated: �Cisunfy Su erinten t Comments by County Superintendent: , err% Z., %j1� � �� �''/✓! T j n "r �'..v /� /� � r. �,+ /• �!' c' /Sly/ J // C. TE 9a (2/78) / i Pa-e 1 of I Paulette Terwilliger loft, From: Herb Engman Sent: Monday, November 21, 2011 3:22 PM To: Paulette Terwilliger Subject: FW: IC Fire Payments Herbert J. Engman Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 (607) 273-1721 Ext. 125 From: Herb Engman Sent: Friday, November 18, 20113:35 PM To: `editor@ithacatimes.com' Subject: IC Fire Payments To the Editor, the Ithaca Times: When Carl Sgrecci, Ithaca College Vice President of the Office of Finance and Administration, stated in the November 16-22 Ithaca Times that Ithaca College makes a payment to the Town of Ithaca for fire protection he is referring almost totally to the College Circle Apartments. Of the $65,000 payment $63,000 is for College Circle Apartments. I was referring to the campus proper, not student housing, when I said that IC makes no contribution. Based on assessed valuation of property IC's fair share for fire protection would be $1,190,394. Based on the number of calls to IC by the Ithaca Fire Department, 29%, IC's fair share of the Town's $3,177,500 fire protection bill would be $921,475. We can leave it up to the taxpayers of the Town of Ithaca to judge whether$65,000 per year for student housing coverage and a gift of land in the 1980s for a fire station is adequate payment by Ithaca College. It is those taxpayers who must make up the difference. Ithaca College pays for its water and sewer services; it should also pay for expensive fire protection. We need to start a community conversation about what's fair. Herb Engman Herbert J. Engman Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 (607) 273-1721 Ext. 125 11/22/2011 r va TOWN OF ITHACA COMMENTS ON THE REVISED r DRAFT SUPPLEMENTAL GENERIC ENVIRONMENTAL IMPACT STATEMENT (sGEIS) ON OIL, GAS AND SOLUTION MINING ADOPTED NOVEMBER 21, 2011 Note: The comments submitted are only those feasible within the time period allowed for comments. Limited staff and elected officials' time was inadequate to fully digest the 1000 plus pages of material. Thus, the comments submitted are not comprehensive and reflect those elements of the sGEIS that, for the most part, most directly affect the Town of Ithaca.Numerical notes in parentheses refer to specific sections of the sGEIS. MUNICIPAL WATER Of overwhelming concern to the Town of Ithaca is the threat to municipal surface water supplies. Well water in this area is often difficult to obtain in sufficient quantity and is of spotty quality. The Town is home to the three biggest municipal water supplies in Tompkins County: the City of Ithaca(Six Mile Creek), Cornell University (Fall Creek) and the Southern Cayuga Lake Intermunicipal Water Commission (aka Bolton Point), which serves the Town of Ithaca, the Town of Dryden, the Town of Lansing, the Village of Cayuga Heights and the Village of Lansing. Additional water is provided to the southern end of the Town of Ulysses. Any pollution of these water supplies would be a calamity of unparalleled proportions and no amount of remediation or compensation could replace the loss of these drinking water sources. Surface water—and the contaminants carried by it—flows downhill and therefore the entire watershed must be considered.Furthermore the rationale that the New York City and Syracuse water supplies are unfiltered and thus different is odd on its face: none of the municipal water plants are capable of filtering or otherwise removing potential contaminants resulting from gas drilling activity. Besides, the setbacks proposed for these two water supplies are not sufficiently protective.Therefore the setback provisions for drilling (7.1.12.1, Page 7-75 and 7.1.12.2 page 7- 76 and Page 7-78) are wholly inadequate. Any gas industry activity within the watersheds of any municipal water supply must be prohibited. HOME RULE The DEC should expressly support the right of local municipalities under Home Rule to determine land use within municipal borders, including where or whether natural gas development occurs, consistent with zoning and comprehensive planning. (8.1.1)The DEC should explicitly state that if the applicant for a gas drilling permit encounters local laws, regulations and policies that are inconsistent with their proposal, the DEC will respect the municipality's position and deny the permit. (8.1.1.5) REGULATIONS AND THE sGEIS New York State's SEQRA law provides for the gathering of environmental information to inform the creation of regulations and prior to the implementation of projects. DEC's proposal to /OWN write and perhaps promulgate regulations concurrently with the SEQRA review certainly violates the intent of the law and may invite legal challenge. 1 EXTRACTION AND AD VALOREM TAXES All other states other than New York and Pennsylvania have an extraction tax of between 7% and 25%. Local municipalities (not to mention N)'S) have already expended hundreds of thousands —if not millions —of dollars preparing for the expansion of the gas industry. An extraction tax of at least 12% must be imposed in order to pay for NYS's regulation, inspection and enforcement of the gas industry and local municipalities' costs as a result of the impact of gas drilling. The 12% tax should be evenly divided between the state and the local municipalities. The ad valorem tax should be increased to at least 8% and at least 4% go to towns, which are the level of government which must absorb most of the costs of gas drilling. HEALTH • The sGEIS does not require or refer to an analysis of public health impacts despite the fact that fracking-related air pollution and the potential for water contamination may have serious effects on people-especially the elderly and children - and communities downwind and downstream of proposed fracking operations. There is growing evidence of negative health impacts related to gas extraction in other states. The DEC in its sGEIS must undertake further review of fracking and the impacts of horizontal drilling to ensure that all environmental and public health impacts are mitigated or avoided. • As suggested by the United States Environmental Protection Agency (USEPA) in its 12/30/2009 commentary on the dSGEIS, the DEC should actively involve the NYS Department of Health in the review process. Local departments of health should also be involved. Indeed, the problems associated with shale gas development near housing have only recently been catalogued as drilling has moved into suburban locations and farming communities. DEC STAFFING AND MANAGEMENT • The DEC has an inherent conflict of interest since it is charged to "conserve, improve and protect New York's natural resources and environment and to prevent, abate and control water, land and air pollution, in order to enhance the health, safety and welfare of the people of the state and their overall economic and social well-being," but it also issues "TaS drilling permits which has been shown in other areas to likely harm the environment. These functions must be separated. • New York State DEC has been subject to steep budget and staff cuts and does not have adequate staff or resources to properly oversee fracking, even if every possible protection were in place This reality raises the possibility that the DEC will be forced to cut corners with its reviews or fast-track permits despite the risks. Therefore permitting must not take place until the DEC is fully staffed with a clear funding stream to support that staff. • The thousands of miles of pipelines (and compressor stations required for drilling) to get the resulting gas to market will be reviewed by a different agency under a different process. Without an accounting of such impacts, New York's environmental assessment is incomplete and the full impact of fracking is unknown. The Public Service Commission (PSC) has jurisdiction over gas infrastructure. As such, Governor Cuomo should direct state agencies to coordinate their efforts in order to protect our air, water �.. and communities. It should be stated explicitly in the regulations that any gathering lines 2 not regulated by the PSC are under the jurisdiction of local municipalities (8.1.2.1,page 8-4). CUMULATIVE IMPACTS FOR WATER WITHDRAWALS The sGEIS addresses cumulative impacts for water withdrawals by using the pass-by flow determinations; however, the sGEIS needs to address cumulative impacts on water resources in all areas. Although the Water Resources Bill passed in 2011 would address cumulative impacts of groundwater and surface water withdrawals when and if regulations are developed,rules governing water withdrawal permits must be developed before permits are issued for drilling. Without the permitting framework for water withdrawals, it is not possible to determine if there are adequate safeguards for surface water and groundwater. CUMULATIVE IMPACTS FOR ALL INTERCONNECTED DRILLING ACTIVITIES In its 12/30/2009 comments USEPA suggested that analysis of cumulative impacts be"greatly expanded."A process needs to be established to address impacts from all interconnected activities,including drilling operations, that are regulated by DEC and pipelines and compressor stations that are regulated by the Public Service Commission (PSC). An Environmental Impact Statement for the gas lines and compressor stations must be performed by the PSC to assess the cumulative impacts on water resources, community infrastructure and quality of life issues such as noise, road damage and air quality from the additional pipelines and compressor stations that will be needed to transport the gas from the thousands of individual well pads to the regional pipelines. Compressor stations will be needed, with pipelines from each well to the compressor station, and additional pipelines from the compressor station to the main transmission line. r However,the sGEIS does not address the impacts of the pipelines or compressor stations necessitated by well drilling operations. The impact of the vast network of access roads, pipelines and compressor stations must be addressed by the sGEIS. The sGEIS identifies the PSC as the responsible agency to oversee construction and protection of the environment for pipeline construction. This segmentation of the environmental impact assessment makes it difficult for decision makers and the public to adequately assess the total environmental impacts anticipated from gas drilling activities. PROGRAM TO MONITOR AND PROTECT DRINKING WATER RESOURCES Proper monitoring and assessment strategies must be in place to protect the State's water resources, and sufficient laboratory capabilities for analysis must be in place prior to drilling. The state currently does not have a strategy in place for data collection and analysis. Such a strategy is key to developing a comprehensive regulatory process that must be in place prior to drilling. All stakeholders (regulatory personnel, drilling companies, and the public) need to be ensured that valid data are being collected and disseminated in a cost effective manner. Considering the volume of environmental and public health data that will be generated by gas drilling, it is essential that NYS Department of Health develop and manage comprehensive databases in order to facilitate effective, comprehensive oversight and public protection during gas drilling. A program must be developed for electronic sharing of monitoring data and must be shared with local health departments as they will be the agency first contacted if any contamination is detected. 3 PERMIT RE-EVALUATION The NYSDEC re-evaluation of specified permit conditions in two or three years should involve public review and comment. OTHER LOW PERMEABILITY SHALE FORMATIONS The scope of the sGEIS includes all low permeability shale formations where high volume hydro-fracturing gas drilling will be employed. However, many sections of the document only reference the Marcellus Shale. Environmental impacts associated with other low permeability gas reservoirs where the hydrogeochemistry is different from the Marcellus shale are not addressed in the sGEIS. The sGEIS must be expanded to include potential impacts from other formations. LOCAL GOVERNMENT NOTIFICATION Local Governments need to be involved and informed in all aspects of the drilling process and a procedure for this needs to be in place before drilling begins. Each municipality must receive copies of gas drilling permit applications, including parcel tax map numbers,before any permits are issued by NYSDEC. The NYSDEC should also be required to provide each local municipality and county government with 1) accurate Environmental Inspector contact information for permit coordination between agencies as well as emergency and spill response coordination, and 2) written notification to each municipality of the location of each well- plugging permit application, including tax map parcel number and mapping coordinates. ACCIDENTS AND VIOLATION REPORTING _' 1 Currently the DEC does not have an adequate electronic record-keeping system of violations, accidents, and spills which makes aggregating problems and notifying local governments and residents so difficult as to be nearly impossible. The DEC must bring their violations reporting system into the 21st century by making them easily available to the public electronically. PROPRIETARY CHEMICALS • The sGEIS allows any "proprietary" chemical constituents not to be subject to public disclosure. It appears that the companies can avoid disclosure if they simply claim the additive is a"trade secret." The DEC must require full disclosure of all chemicals and additives, including chemical composition of each, used in the hydro-fracturing process. (8.1.3.2,) • The sGEIS only weakly suggests operators "evaluate the use of alternative fracturing additive products that pose less risk." The DEC must require that the least toxic alternatives be used and then only if proven to not be a danger to the public and the environment. FLOWBACK WATER DISPOSAL o The state must not allow municipal sewage treatment plants to treat drilling wastes because such plants are not capable of handling the toxic elements in such wastes. (7.1.8.1) 4 o Some components of drilling waste would normally qualify as hazardous waste ' under state and federal law, but have been exempted from these laws. The DEC must not allow any waste that would qualify as hazardous waste in any other settings to be sent to municipal sewage treatment facilities unable to properly treat it or to disposal wells (here or in other states), putting the health and safety of our waters and communities at grave risk. (1.7.4) MANAGEMENT OF DRILL CUTTINGS The plan by the DEC to track the solid and liquid wastes generated in connection with fracking is positive; however tracking of these wastes is said to be the responsibility of the gas industry operators. The DEC must take a more active role in tracking waste that in other settings qualifies as hazardous. The gas industry must not be allowed to oversee itself in this area. (1.7.10) COMMUNITY AND SOCIOECONOMIC IMPACTS • The DEC needs to do a comprehensive, focused plan to review and analyze the consequences of a full build out of many wells on a community. (1.7.15) • A monetary value must be assigned to potential degradation of the environment in a comprehensive review of community and environmental impacts from drilling. • As proposed, the DEC staff will review the well applications one at a time, without considering the impact of many wells being permitted in close proximity. Impacts on communities must be considered from the standpoint of multiple wells being introduced to an area not one at a time since the industry profits from a high drilling density within an area. • In its considerations of the economics of drilling, the DEC and the State must acknowledge that: o Relatively few local jobs will be produced by the gas companies. Many of the higher paying jobs associated with HVHF go to employees who are residents of other states and will not be paying state income taxes. Likewise, most of the technical field jobs go to transient workers with no social or other connection to the local community. The experience in other communities has demonstrated an increase in crime, local housing costs, and a strain on health care resources (see Sayre Health report). o Small businesses will face higher labor costs as a result of competing with wages paid by the gas companies in order to keep their employees on the job • The sGEIS is incomplete because it does not yet contain the socio-economic analysis of whether there is a balance between risk/reward. 5 PUBLIC WATER SYSTEMS Primary and Principal Aquifers Prohibit HVHF near all primary aquifers.The DEC is proposing to prohibit fracking in primary aquifers that serve as public drinking water supplies,but this "prohibition" is only limited to a couple of years after which the state could "reconsider" the bans. In addition, the DEC does not lay out the conditions under which "reconsideration' would be reviewed. The DEC needs to prohibit HVHF near all primary aquifers. 2.4.4.1 Sunset date for buffers The preliminary draft proposes to place some areas of the state off limits to gas drilling,but upon closer examination,many of the restrictions have sunset dates and some of the protective buffers only call for site-specific individual environmental review, rather than clear restrictions. The DEC needs to strengthen and clarify restrictions and the requirements for buffers and site- specific environmental review. Mapping of aquifers is Inadequate. In order to determine a 500 foot buffer to a principal aquifer, the aquifer must be mapped at least to the scale of 1:24,000 feet but many aquifers are only mapped at the 1:250,000 foot scale. The DEC must increase buffer requirements overall but particularly when mapping of the aquifers is inadequate. Part of the fee structure for permitting should go to funding better maps of aquifers throughout the state. NATURALLY OCCURRING RADIOACTIVE MATERIALS (NORM) ,� 1 According to James W. Ring, Professor Emeritus of nuclear physics from Hamilton College, the draft sGEIS does not include adequate study of radon in its review of issues. This is a subject which deserves further study before any supplies of Marcellus gas are delivered to households where it may endanger the health of citizens. (4.6) ROAD SPREADING The DEC has already failed to protect NY drinking water by allowing produced water from PA to be spread on roads in New York State, within Tompkins County, without SEQR review. Road spreading of produced water and brine must be expressly prohibited. (5.13.3.4) IMPOUNDMENTS Given the recent history of"100 year rains" occurring every few years and the inherent long- term instability of impoundments, only closed-loop systems for all hydrofracking operations must be permitted. (8.2.2.2) ROAD PERMITS The DEC must require, not merely encourage, gas companies to make road use agreements with local municipalities. (8.1.1.4) -� 6 COMPULSORY INTEGRATION New York State is one of the few states to allow compulsory integration and possibly the only one to allow it against individual homeowners. NYS must rescind compulsory integration to respect the rights of its homeowners. NO ACTION ALTERNATIVE Based on the sGEIS analysis the No Action Alternative is the preferred outcome. Given the clear dangers to the environment and public health of high volume hydraulic fracturing using the current technologies, the lack of significant financial gain for the overwhelming majority of the citizens of New York State and the assured decades-long damage to the way of life of those residing in the gas-drilling regions, the No Action Alternative is the logical and proper finding resulting from this SEQRA study. (9.1) END 7 RECEIVEb 2 9 2011 TOW7Tr01TnN0F STATE OF NEW YORK fit DEPARTMENT OF TRANSPORTATION REGION 3 333 EAST WASHINGTON STREET SYRACUSE, NY 13202 www.dot.ny.gov CARL F. FORD,P.E. JOAN MCDONALD REGIONAL DIRECTOR COMMISSIONER November 23, 2011 IVIS. Paulette Terwilliger Town Clerk, Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 Dear Ms. Terwilliger: RE: REQUEST FOR LOWER SPEED LIMIT ON HAYTS ROAD Thank you for your November 10 letter requesting a lower speed limit on Hayts Road between Route 96 and Sheffield Road. 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 letters from the public, accident data, maps, etc. This information should be submitted to my office at the above location. Your interest in this matter is greatly appreciated. Very truly yours, DIANA L. GRASER, P.E. Regional Traffic Engineer Cc: W. Sczesny, Tompkins County Highway Superintendent H. Engman, Town of Ithaca Supervisor ,.•,., W. Burbank, Tompkins County Legislator, District 12 $ OF 1:?, 0 f, I ,l I ! [-)NY TOWN OF ITHACAcn FD_ 'a12' 215 N. Tioga Street, Ithaca, N.Y. 14854 �4 y0 www.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 November 30, 2012 Mr. Jon Jensen Executive Director, Park f=oundation PO Box 550 Ithaca, NY 14851 Dear Jon: With your support and the wonderful work of Katie Stoner the Town of Ithaca has made great strides in its sustainability efforts in the past year. With Katie's leaving I have been pondering the future and wish to propose a somewhat different approach for the final phase of our agreement. As you may remember, we had talked about a couple different projects prior to Katie's departure. I am wondering if they might be combined in order to move the Town to the next level of community-wide sustainability. I am suggesting two components: 1 . Completion of-the original two-year agreement A. Develop the Community Energy Action Plan for the Town of Ithaca — this will include extensive contact with the larger community and the writing of a plan similar to our Government Energy Action Plan. B. Produce two guides to the process for the Town of Dryden approach and the Town of Ithaca's approach to community sustainability. 2. Extension of the agreement to a third year A. Produce a greenhouse gas emissions Inventory for the Town of Dryden (this is a revised component). B. Develop an energy action plan for the Town of Dryden (this is an additional component). C. Create a plan for a series of new neighborhoods in the Town of Ithaca that are built on sustainability principles. The neighborhood sustainability plan is the new component that I had mentioned to you a few months ago. As we have integrated sustainability principles into our new Comprehensive Plan, we have realized that creating new, smart growth communities is more complicated and expensive than we had imagined. We have identified three major growth areas in the Town. if we can steer more dense, well-planned growth to these areas, we can better protect the remaining agricultural lands, conservation zones, Unique Natural Areas, ecosystems, biological corridors and parks for future generations. In two of these areas—The Village at East Hill and near King Road on South Hill —we believe we can direct growth reasonably well. However on West Hill there is considerable local residents' concern and a number of land owners, all with vastly different objectives. We would like to bring the West Hill community together through a collaborative planning process to create a "neighborhood vision". Through this process and visioning a neighborhood plan would be developed that utilizes alternative (form- based) zoning approaches that are more conducive to the creation of interconnected mixed- use neighborhoods that are compact, livable, walkable, transit-oriented, and offer a range of housing opportunities for residents of varying ages and income levels, To accomplish this we will need to hire consultants who specialize in this type of community planning approach; one that engages multiple stakeholders and utilizes alternative zoning to promote smart growth principals. The initial phase of the process will involve a multi-day design charrette for West Hill property owners, residents and other stakeholders, followed by an implementation phase to create a regulatory framework to guide development on West Hill. Consultants who provide these services demand skills that extend beyond local P� capabilities. We estimate that the development of a West Hill Plan would cost approximately $200,000. While expensive, the result would be an example of sustainable planning, with widespread community support, that will provide a vastly new approach and provide an example for all development in the area. The Town is able to allocate $100,000 to the new planning approach, but must find additional resources in order to move forward. In addition to the consultant's report, we would develop a guide to the process of developing a sustainable neighborhood plan. The request for funds would be as follows: 2012 - $0 (extension of time only) 2013 —Salary and fringe: $67,167; West Hill Plan shared cost: $100,000. I hope you find the possibilities as exciting as we do. Please let me know if you need additional/different information. I assume we would need to submit a more detailed amendment at some point. Sincerely, erbert J. Engman Town Supervisor f,f RECEIVED DEC 13 2011 SOWN OF ITHACA STATE OF NEW YORK TOWN CLERK DEPARTMENT OF TRANSPORTATION REGION 3 333 EAST WASHINGTON STREET SYRACUSE, NY 13202 www.dot.ny.gov CARL F. FORD,P.E. JOAN MCDONALD REGIONAL DIRECTOR COMMISSIONER December 9, 2011 Ms. Paulette Terwilliger Town Clerk, Town of Ithaca 215 North Tioga Street Ithaca, New York 14850 Dear Ms. Terwilliger: RE: REQUEST FOR LOWER SPEED LIMIT ON HAYTS ROAD This is a further response to your November 10 letter requesting a lower speed limit on Hayts Road between Route 96 and Sheffield Road. Our traffic engineers have completed their review of this location. Our review indicated that the existing roadside development, highway characteristics, and prevailing traffic speeds justify retaining the existing speed limit. Based on these findings, we have determined that a reduction of the speed limit is not 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, Tompkins County Highway Superintendent H. Engman, Supervisor, Town of Ithaca W. Burbank, County Legislator, District 12 Paulette Terwilliger From: Herb Engman Sent: Monday, December 12,2011 8:48 AM To: Paulette Terwilliger Subject: FW: Eastern Heights drainage Herbert J. Engman Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 (607) 273-1721 Ext. 125 -----Original Message----- From: Herb Engman Sent: Monday, December 12, 2011 8:47 AM To: 'Mark H. Anbinder' Cc: 'Irene Stein' Subject: FW: Eastern Heights drainage Mark, I have reviewed the correspondence concerning the drainage issues at your home. I pursued the issue with our Director of Public Works, who ultimately sent the message below to you. I am neither a water expert nor an engineer, so I must believe our staff when they say after investigation that the Town has no impact on the drainage problem and that it may come from your neighbor's property. NYS law does not provide any authority for the Town to deal with runoff from one private property to another. It should be recognized that the past couple of years have had very dramatic rainstorms that have caused many drainage problems for the first time. I am sorry that we can not be of more help, but the Matter has been thoroughly investigated and a determination has been made. Herb Herbert J. Engman Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 (607) 273-1721 Ext. 125 -----Original Message----- From: Jim Weber Sent: Monday, October 17, 2011 8:01 AM To: Herb Engman Subject: FW: Eastern Heights drainage Herb, Here is my 9/2 response to Mr. Anbinder Jim Weber Dir. Public Works TOWN OF ITHACA 106 Seven Mile Drive Ithaca, NY 14850 p: 607-273-1656 f: 607-272-6076 w: www.town.ithaca.ny.us --Original Message----- /dm'*1rom: Jim Weber ,ent: Friday, September 02, 2011 9:24 AM To: 'Mark H. Anbinder' ; Herb Engman Cc: Creig Hebdon; Gene Redman; Judy Drake; Bruce Bates; Paulette Terwilliger 1 Subject: RE: Eastern Heights drainage Mr. Anbinder, The survey of the drainage ditch on Park Lane along the frontage of your property has been completed. The survey indicates the ditch has a 2.09 foot drop, from the edge of your /",driveway over a distance of 88 feet to the culvert pipe, resulting in an average slope of 2.37%. This ditch is also 2+ feet below the discharge of 2 sets of drain pipes from your property, therefore there is not any backup from the Town drainage system on Park Lane that would effect your property. The Town drainage system along Landmark Drive was inspected on August 31st and all of the culverts were clear and there were no obstructions within the ditch line which would have caused any backups or flooding damage. As we discussed last November your property is down gradient from your neighbors and any discharge from their property will naturally flow to your property, potentially causing the issues you have described. Issues between neighbors are outside of the control of the Town unless there is a blatant and malicious intent to cause destruction. Since the Town's drainage systems are open and functioning properly I can not see how the Town is contributing to the basement flooding you have described. You may want to contact your neighbor to discuss potential options to your situation. Should you have any additional question relative to the Town's drainage system, please feel free to contact me. Jim Weber Dir. Public Works TOWN OF ITHACA 106 Seven Mile Drive Ithaca, NY 14850 p: 607-273-1656 f: 607-272-6076 w: www.town.ithaca.ny.us -----Original Message----- From: Mark H. Anbinder [mailto:mha@14850.com] /40►6ent: Monday, August 29, 2011 12:18 PM moo: Herb Engman Cc: Jim Weber; Creig Hebdon; Gene Redman Subject: Re: Eastern Heights drainage Good morning, Mr. Engman. I hope the Town isn't facing too much damage in Hurricane Irene's wake. You may remember we spoke last fall, and again briefly at an event earlier this year, about my longstanding concerns about drainage around my home in Eastern Heights. I've tried repeatedly over several years to convince the Town to remediate the problem, since water from surrounding properties is directed to my property and then has nowhere to go. One of your colleagues came to assess the problem last fall, and on a visual inspection, admitted that there seemed to be a low area that would not drain to the Town's storm sewers. He promised that a survey crew would come do a proper analysis within several days, and he would get back to me. I have not heard from him since. I suspect that the disastrous failure of the newly installed drainage system on Snyder Hill Road last fall provided some distraction to your staff, as well as entertainment to those who enjoyed the photos of a flooded East Hill Plaza and submerged cars. Unfortunately, some of the cascading water from this system failure also headed down through our neighborhood, and caused first-time major flooding not /" just for me, but for my neighbors. The Town's years-long callous neglect of the drainage problem in Eastern Heights has resulted in considerable damage to my house. What could have been minor flooding damage if you had dealt with this 2 situation last fall has turned into months of devastating home damage and anguish for me. You have essentially taken my basement from me, and I don't dare try to repair it until I know the flooding is over. Please, please, please, I beg you to take decisive and immediate ,action to fix the drainage problems I've been raising with Town officials for years, so that I can begin the process of rebuilding my damaged home. Mark H. Anbinder mha@14850.com Public Communications Inc - 14850 Dining - 14850 Today - 14850 Magazine At 14850.com we eat, drink, live, and breathe Ithaca. http://www.14850.com/ 3 An Independent Contractor to: ARCADIS Energy.lnnovoGion.Solutions. December 20, 2011 Mr. Herb Engman Town Supervisor T� � 13(� �� Town of Ithacap owOP�r 215 North Tioga Street cc� k eq Ithaca, New York 14850 Re: NYSERDA Assistance with Municipal Energy Efficiency Efforts Dear Mr. Engman: Thank you for assistin- us and coordinating a site visit with Katie Stoner of the Town of Ithaca on ,.., September 22, 2011. �,lalcolm Pirnie, Inc., under contract with NYSERDA for the Local Government Outre(wh prograi)i (LG Program), is conducting site visits for municipalities across the state in an effort to a,,si.st with the identification and prioritization of potential opportunities for energy savings. as well as to match those opportunities for implcliiciitation with appropriate NYSERDA programs. During our site visit, we identified a few areas of consideration that could provide energy savings. For each measure, we identified available NYSERDA programs that could provide support and funding. The table below matches identified areas of consideration with NYSERDA programs. A more extensive description of the projects and of NYSERDA funding opportunities is provided in the following pages. Mr. Herb Engman Town of Ithaca December 20,2011 Page 2 Areas of FACILITY/ FlexTech Existing Existing Solar PV Customer- Clean Air Consideration BUILDING Program Facilities Facilities Program Sited School for the Town of NAME (PON Program Program Financial Wind Bus Ithaca 1746) (PON (PON 1219) Incentive Turbine Program 1219) Performance- (PON Incentive (PON Pre- Based 2112) Program 1896) Qualified Incentives (PON Incentives 2097 Water Treatment Plant and Distribution WTP ✓ ✓ ✓ System Improvements Audit Municipal Buildings to All ✓ Evaluate ECMs Review available incentives for All ✓ ✓ new equipment Implement Improvements - Lighting& Lighting Controls - Building All ✓ ✓ ✓ Envelope - Heating and Air Conditioning Systems School Bus Fleet Improvements Evaluate photovoltaic (PV)energy All ✓ generating systems Evaluate wind All ✓ turbines Investigate open All ✓ procurement Consider an All ✓ ESCO t''~1 Mr. Herb Engman Town of Ithaca December 20,2011 Page 3 Information Supplied by the Town of Ithaca The following information was provided by the Town of Ithaca. Malcolm Pirnie utilized this information in preparing this report. Malcolm Pirnie also met with Town staff to discuss the municipal buildings and to assess facility conditions. This report summarizes energy efficiency opportunities based on the information readily available by the date of this report. Changed conditions occurring or becoming known after such date could affect the material presented to the extent of such changes. Malcolm Pirnie has not independently verified the accuracy of the information provided by the Town of Ithaca; however, we believe such sources are reliable and the information obtained to be appropriate for the analysis undertaken and the conclusions reached herein. Any statements in this report involving estimates or matters of opinion, whether or not so specifically designated, are intended as such, and not as representation of fact. • Energy Audit—Town Hall (C.J. Brown/Taitem Engineering, July 28, 2008) • Energy Audit—Public Works Facility (C.J. Brown/Taitem Engineering, July 28, 2008) • Walkthrough Proposal—Bolton Point Water Treatment Facility (Wendel, July 2011) • Greenhouse Gas (GHG) Emissions Inventory Report(Spring 2011) • 30%by 2020 Measures Document(GHG reduction document) r� The Town of Ithaca has passed a resolution to join the Climate Smart Communities in April 2009 and hired a Sustainability Planner to carry out planning and implement the objectives, which have consisted of the following to date: • Town Resolution passed to reduce green house gas emissions 30%by 2020. • Energy efficiency measures implemented to date: o Town Hall—Lighting Improvements—Ongoing o Ithaca Area Wastewater Treatment Facility Upgrades— Ongoing The Town desires to maximize cost-effective opportunities for energy efficiency and greenhouse gas reduction, and has identified in the several energy efficiency measures to date which include, among others: o Water Treatment Plant Improvements o Efficient Street Lights and Building Lighting Retrofits o Increase Chiller Efficiency o HVAC Fan Upgrades o Increase Boiler Efficiency The municipal facilities that have been audited in the Town of Ithaca are shown in the following table. While it is likely that there are opportunities for energy savings at all municipal facilities, it is recommended that the Town first focus its efforts on the largest energy consuming facilities, and within those facilities, focus on the equipment or processes with the longest run times and highest energy consumption. Mr. Herb Engman Town of Ithaca December 20, 2011 Page 4 Building Annual Annual. Annual Annual Building Annual Annual EIectric Electric Natural Gas Natural Size kWh/SF $/SF Consumption Cast Consumption Gas (SF) (kWh) (Therms) Cost WTP 4,648,883 $441,914 14,332. $16,836 N/A N/A N/A Town 164,850 $20,368 12,106 $14,942 20,500 8.04 1.72 Hall ['ublic 113,134 $14,405 10,479 ���arks $12,933 15,000 7.54 1.82 I ) �'� Zilu,cic, 1110 fficiency of municipal buildings, the annual electrical cner,'y usai'e per lv dlable energy usage data collected from the eight local governments Ck'Ceiving dirCcl ices from the LG Program in 2011 was used to develop a "program crage" of electrical ciie,,_�y use per square foot of municipal building .spaces. The program rage was nine kilo«<[i i hours per square foot (kWh/SF). Both the Town Hall and the Public u 11s bu.ildlil use less electricity per square foot than the LG Program average. To benchmark the Town's energy use in municipal buildings against other municipalities in New York State, available energ�� usaae data collected from the ci!-,ht local governments receiving direct assistance services from the. 1_G Program in 2011 was analyzed to de\clop an "average usage" by building type. These values are presented in the following tables and show that the Town uses less energy than the LG Program average usage for a Town Hall, but more energy than the LG Program average usage for a Public Works Pact i l i t v. PROGRAM BENCHMARK OF Atitit',1L ELECTRICAL ENERGY USAGE PER SQUARE FOOT .._._-------__.___�_._. 12 10 0 ag —..- __ LL �� Ithaca Town Hall - ®Town Hall 2011 Average CrC 4 _ Ithaca Public Works [11 Town Garage 2011 Average r, 0 ;.. Ithaca Municipal Buildings and 2011 LG Program Averages s"� Mr. Herb Enginan Town of Ithaca December 20, 2011 Page 5 A second way to compare and evaluate building energy efficiency is to analyze the annual cost of total energy usage (e.g., electricity, natural gas. heating oil) per square foot ($/SF). A building that is above the kWh/SF average could fall below the average based on S/SF depending on heating needs and utility costs. The $/SF evaluation provides a better overall comparison of the buildings and shows that the Town's buildings are using more energy than the LG Program average. PROGRAM BENCHMARK OF TOTAL ANNUAL ENERGY COST PER SQUARE FOOT 2 a -- �° a Ithaca Town Hall m E Town Hall 2011 Average J Ithaca Public Works 0 0.5 ■Town Garage 2011 Average © -- - — �.,� Ithaca Municipal Buildings and 2011 LG Program Averages Getting Started: Recommended First Steps (1) Develop an Ener g,v M n2agentent Program and Foster Organizational Culture of Energy Efficiency A dynamic energy management program is the key to successfully reducing energy use and iiacrettsi11g cost savings. The primary goal of an energy management program is to ensure that unui-y-reiatcd decisions are well thought out, and all siakehoicicrs involvcd understand the reasoning behind any proposed changes. The fir,.,;( step in developing an energy management program is establishing a diverse, cross- functional �mcrgy management team to establish goals, perforn}unce metrics, and communication channels with all stakeholder groups. Once this team has been established, it is important to gather historical information to build a strong understanding of existing energy use and costs. After a baseline of crergy use has hcen developed, it is important to continually track and benchmark energy use (internally -tixf icrnally). Equally important is the development and maintenance of a Major Equipment List cont fining the age, estimated useful life, and energy efficient replacement for each municipal facility. Tit nergy usage and equipment information can be used to develop or inform municipal energy goer! which ultimately form the basis for identifying and prioritizing the implementation of energy efficiency opportunities. An energy management program should foster an organizational culture of energy efficiency and include a conwiJiment to �: tergy efficient office behavior. A strategic energy management program Mr.Herb Engman Town of Ithaca December 20,2011 Page 6 may include regular"trainings"on energy-efficient behavior,placards encouraging responsible energy stewardship, a suggestion box for staff ideas on how to save energy, and/or a rewards program to promote and recognize individual and group efforts. More information on developing an energy management program can be found in the"Water and Wastewater Best Practices Handbook", available for download on the NYSERDA website. Additionally, the U.S. Environmental Protection Agency(US EPA)provides many useful tools and resources to assist municipalities with the development of an energy management program at http://www.energystar.gov. It is recommended that the Town benchmark facility energy use with the US EPA Portfolio Manager to gain perspective on comparative energy performance. The Town can already count on the assistance of the Sustainability Planner for achieving its GHG reduction goals. If the Town would like assistance with the development of specific energy management programs, the Town may hire one of NYSERDA's FlexTech consultants to provide cost-shared energy services. The FlexTech consultant will be available to carry out energy management responsibilities at the Town, including but not limited to: • Identifying no-cost/low-cost energy saving options • Identifying cost-effective opportunities for increasing energy efficiency • Acting as the Town's representative for energy efficiency projects • Developing RFPs/review proposals for energy commodity, products, or services • Developing municipal energy policy • Coordinating energy management activities and plans • Quantifying project impacts toward achieving the Town's climate-change goals • Creating an energy awareness plan for employees (2) Develop a Funding Plan for Energy Improvement Projects Funding energy improvements is one of the most common barriers to project implementation. NYSERDA programs are available to offset the incremental costs of pursuing the energy efficient alternative. However, many municipalities lack the funds necessary to complete priority projects as identified through their energy management program. It is recommended that the Town develop a funding plan in conjunction with the energy management program. Three general options to fund ongoing energy improvement projects are outlined below. These options are provided as example approaches taken by municipalities across the country; the legality and applicability of these options for municipalities in New York State is not guaranteed and must be determined by legal counsel. It is strongly recommended that the Town consult with its municipal attorney and the NYS Office of the State Comptroller prior to initiating action on any of the general funding options described below. • Option 1: Energy Improvement Capital Reserve Funds In many states, municipalities have established Energy Reserve Funds to pay for municipal energy projects such as lighting upgrades, HVAC upgrades, installation of solar panels, (Imll\ Mr. Herb Engman Town of Ithaca December 20,2011 eoft^� Page 7 building envelope improvements, window replacement, etc. These municipalities typically use surplus funds or unreserved unappropriated fund balance to start the Energy Reserve Fund and pay for the initial projects. Project implementation is prioritized,funding projects with the quickest payback first. As projects are implemented, and energy costs in other various departmental funds decrease, the savings are transferred into the Energy Reserve Fund to pay for additional improvements. This way, the annual budget does not increase to pay for the projects—energy savings are used to cash fund improvement projects. In New York State, NYS General Municipal Law,Article 2, Section 6-c governs Capital Reserves in Counties, Cities, Towns, and Villages. Under this law,Iocal governments have the ability to create capital reserve funds to set aside money for"specific" capital improvement projects or a more general "type" of capital improvement project. If a municipality would like to create a fund which could be used to support a variety of energy efficiency projects, then a "type" reserve fund may be appropriate; however, if a municipality desires to create a fund to support a specific project—i.e., the replacement of the HVAC system in the Municipal Center—then a "specific"reserve fund may be appropriate. • Option 2: Municipal Bonding/Loans Some municipalities may be able to bundle the costs of several energy efficiency/renewable energy projects and issue a General Obligation Bond or other debt instrument to provide financing. Depending on the projects, it is possible that the energy savings to be achieved from the projects may cover the annual debt service (loan repayment). • Option 3: Other Financing The municipality may investigate the potential use of performance contracting, municipal leasing, tax-exempt lease-purchase agreements, power-purchase agreements, public-private partnerships, energy services companies (ESCOs) and other methods to assist with covering the costs associated with energy projects. The Town may consider entering into an agreement with an ESCO to comprehensively address the various improvement projects at multiple locations. Oftentimes, the ESCO is able to provide (or assist the Town to acquire) alternative financing to mitigate significant up-front capital costs through the use of performance contracting or lease-purchase financing. Assistance with reviewing ESCO proposals, developing scopes-of-work for comprehensive energy audits conducted by a selected ESCO, and reviewing annual savings reports from ESCOs during the guarantee period is provided by NYSERDA's FlexTech Program. Areas of Consideration for Energy Savings Based on the information described above, in addition to data gathered during the site visit, we identified areas of consideration for energy savings. The recommendations are listed in order of suggested priority for the Town of Ithaca's consideration, based on our understanding of the �` municipality's current energy usage and energy goals. For each recommendation we have Mr. Herb Engman Town of Ithaca December 20,2011 Page 8 identified available NYSERDA programs that could provide support and funding. NYSERDA programs are described more in detail in the NYSERDA Program Opportunities section. Water Treatment Plant and Distribution System The Bolton Point Water Treatment Plant(WTP)treats water from Cayuga Lake with conventional water treatment processes consisting of coagulation/flocculation, filtration and chlorine disinfection. A raw water pump station conveys water to the treatment plant from the lake intake, while a finished water pump station delivers water to storage. Other pump stations in the distribution system ensure that freshly treated water is delivered to approximately 30,000 people. The WTP processes an average of 9 million gallons of water per day(MGD), and consumes approximately 4,648,883 kilowatt hours per year. Utilizing benchmarks developed through the NYSERDA Municipal Water and Wastewater Outreach Program, the Town WTP consumes more than the average energy use for a comparable WTP(e.g., a plant designed to serve a population of 3,300 to 50,000 people with a surface water source) in New York State. The average energy use for a comparable WTP is 1,000 kWh/MG; the Town uses 1,415 kWh/MG. It is likely that there are opportunities to improve energy efficiency at the WTP. The proposal prepared by Wendel Energy Services (July 2011) listed potential measures typical for a WTP and pumping stations, including pump coatings, upgrading to premium efficiency motors, replacement or rehabilitation of raw and finished water pumps, and elimination of pressure reducing r"`1 valves. Based on the limited information in the Wendel proposal, a comprehensive audit of the Town's WTP is recommended to validate the preliminary findings contained within the Wendel proposal and to identify additional opportunities for energy efficiency improvements that may not have been included. Additional data such as equipment age, nameplate, horsepower, hours of operation (run time) and maintenance history is necessary to accurately identify specific opportunities for energy efficiency improvement. The NYSERDA FlexTech Program may be used to offset up to 50 percent of study costs. Contractors participating in the FlexTech Program will prepare a negotiated scope of services at no cost to the customer. Validate/Review and Implement Recommended Efficiency Measures at Municipal Facilities The audits identified several preliminary energy efficiency measures for the Town's consideration at the Town Hail and Public Works Facility. The Town has implemented the lighting replacement measure at Town Hall as indicated by the shading in the table below. A summary of the measures preliminarily identified in the C.J. Brown audits are shown in the following table (excluding WTP measures, described in the preceding section). Mr.Herb Engman Town of Ithaca December 20,2011 �,.., Page 9 PRELIMINARY ENERGY SAVING MEASURES (C.J. BROWN ENERGY/TAITEM ENGINEERING,2005) Projected kWh Projected Town Hall Savings MMBtu Savings Screwln Compact Fluorescent Lights 2,895 Outdoor Reset Controls on Boilers 130 Weather Stripping on Doors 0.65 Projected kWh Projected Public Works Facility Savings MM Btu Savings Screw-In Compact Fluorescent Lights 424 Repair Photo Control on Exterior Light Fixture 1,905 Reduce Length of Domestic Hot Water Return Piping 1.33 Install Occupancy Sensors on Lights 1,460 Other measures were considered but not recommended. The costs and incentives reflected in the C.J.Brown audits may be outdated, and in some cases the costs may include contingent costs which may be eliminated based on the Town's implementation plan. Information on project costs and available incentives may have a substantial bearing on the Town's inclusion of select measures in the energy management plan. It is recommended that the Town review and validate the costs and incentives documented in the C.J. Brown audits. A comprehensive audit of the Town's largest energy consuming municipal facilities is recommended to validate the preliminary findings contained within the C.J.Brown audits and to identify additional opportunities for energy efficiency improvements that may not have been included in the previous study. Additionally, the costs and incentives reflected in the C.J.Brown audits may be outdated, and in some cases the costs may include contingent costs which may be eliminated based on the Town's implementation plan. Information on project costs and available incentives may have a substantial bearing on the Town's inclusion of select measures in the energy management plan. The NYSERDA FlexTech Program may be used to offset up to 50 percent of study costs. Contractors participating in the FlexTech Program will prepare a negotiated scope of services at no cost to the customer. The Town should use the C.J.Brown audits as a base for the development of the scope of services. Mr. Herb Engman Town of Ithaca December 20,2011 Page 10 Prioritize Identified Measures If the Town wishes to proceed without further evaluation at this time, it may consider prioritizing the identified measures based on the projected energy savings as shown in the C.J. Brown audits and the measures listed in the GHG reduction document. The following suggests a priority listing by measure: (1) Lighting Lighting and lighting controls projects are typically among the most cost effective energy efficiency measures. Implementation of the remaining lighting projects recommended in the audits and the Efficient Street Lights identified in the GHG goals is recommended to help the Town achieve GHG reduction. The NYSERDA Existing Facilities Program Pre-Qualified Incentives may provide incentives to offset these project costs. (2) Building envelope improvement Building envelope improvement projects typically have a longer payback,but do result in reduction in annual energy costs and needed equipment sizes. Implementation of the remaining identified building envelope projects (weather stripping) is projected to give additional savings to the Town. In addition to cost savings,building envelope improvements, especially elimination of drafts, can significantly increase the comfort of people working in the building. Once the Town has updated cost information on specific building envelope and lighting improvement projects, options for"bundling"more cost effective measures, such as lighting improvements, with building envelope measures to balance the total annual cost-benefit ratio, should be explored. Additionally, the Town may consider use of programmable heat sensors at the Public Works building. These sensors detect when the garage doors are open, and automatically shut off the heating system which will reduce energy costs and inefficient energy practices at the Public Works building. (3) Heating, ventilation and air conditioning(HVAC) Heating and air conditioning system improvements also offer opportunity for savings. Additional study is recommended to optimize energy efficiency. If existing equipment is to be replaced without further study, it is recommended that the Town develop and maintain a Major Equipment List and replace standard efficiency equipment with energy-efficient equipment as needed. Replacing standard efficiency equipment with premium efficiency equipment may be cost-effective when equipment reaches the end of its service life, or needs to be replaced for excessive maintenance. Installation of premium efficiency equipment, such as variable frequency drives () FDs) and HVAC equipment(boilers,chillers and fans), may be eligible for funding under the Existing Facilities Program Pre-Qualified Incentives. This rebate type program is ideal for general equipment replacement. (4) Green Fleet �"1 Mr. Herb Engman Town of Ithaca December 20,2011 Page 11 The Town has expressed interest in making its fleet of school buses more energy efficient and in the possibility of replacing its buses with alternative fuel (B-20 biodiesel) and hybrid vehicles. This is one of the main measures identified in the GHG reduction document to reduce emissions, and is in line with Tompkins County GHG Reduction Plan. Another measure that might be explored by the Town is GPS tracking of fleet vehicles, which in addition to helping promote productivity, can optimize Town vehicles routes such as mail delivery and waste pickup. NYSERDA offers programs for Alternative Fuel Vehicles, including the Clean Air School Bus Program and the (anticipated)Diesel Idling Reduction Program. The Town should look to these programs for future assistance. The Town may consider entering into an agreement with an ESCO to comprehensively address the various improvement projects at multiple locations and mitigate significant up-front capital costs through the use of performance contracting or lease-purchase financing. Assistance with reviewing ESCO proposals, developing scopes-of-work for comprehensive energy audits conducted by a selected ESCO, and reviewing annual savings reports from ESCOs during the guarantee period is provided by NYSERDA's FlexTech Program. Investigate Open Procurement The Town could investigate entering into a contract for the aggregated load for all utilities /OWN (including electricity, gas, fuel oil, etc.), by utilizing an open procurement process. This option could provide a lower cost of energy throughout the buildings owned by the Town, and would set a fixed rate structure for the duration of the contract, avoiding unexpected cost fluctuations and allowing for predictable budgeting of energy costs. Assistance with selection of the open procurement contract is provided by NYSERDA's FlexTech Program. Investigate/Install Renewable Eneray Generating Systems The Town of Ithaca is demonstrating a commitment to GHG reduction with its aggressive goal of 30% by 2020. In addition to energy reduction, the Town might want to consider energy generation from renewable resources, to achieve the GHG reduction goal. (1) Solar Photovoltaic (PV) and Solar Thermal The Town should consider exploring the feasibility of incorporating solar thermal hot water and PV systems at municipal locations to offset energy usage and to potentially increase the availability of grants and low interest loans to support construction. The payback period of a solar technology system will depend on numerous factors such as size, output, solar conditions, available federal and state incentives, net-metering rates, and projected future electricity costs. Solar technology systems are generally designed to provide electricity for 30 years or more, but may have an equally lengthy payback period. Recently, a number of PV systems have been installed in New York State through the use of American Recovery and Reinvestment Act funding, and PV system costs have started to decrease. r� The cost to install these systems ranged from$6.50 to $8.00 per watt in 2011. For example, a 50 Mr. Herb Engman Town of Ithaca December 20, 2011 Page 12 kW system could cost$325,000 to $400,000 based on these recent installations. The PV WATTS website (http://www.nrel.gov/rredc/Tvwatt.s/) could be used to determine the anticipated power generation for a 50 kW system based on your geographic location. Given the typically long payback period, many municipalities are exploring the option of power purchase a"I' ilcrnts (PPAs), also referred to as "solar leasing", to reduce the significant up-front costs associated with these types of projects. The customer docs not own the installed equipment, but receives benel'it from the electricity generated. Typically, there are two different arrangements for solar lca.sin0 1)r0401'ams. One arrangement requires a monthly payment by the customer to the solar company, but the customer retains all of the ever-% �2�2iwrated by the system. The other arrangement docs not require a monthly payment, but thy custc)mer retains a percentage of the energy the system generates. To identify which solar lc�ising option is the best alternative, the Town should conduct an evaluation of near-term and long-term implications of the PPA options on the Town's financial condition. Incorporation of solar technology may offer the Town significant benefits to offset energy usage and support the Town's renewable energy goal, and a study is recommended. Funding to offset installation costs maybe provided through the Solar PV Prv(rani Fillcrncial Irrrenthv (PON 2112). Useful links to estimating tools, installers, and incentives can be found at NYSERDA's website http://www.nyserda.ny.gov/. A feasibility study may take 6 to 8 weeks to complete, Gond the Town may need to Cacilitate access •� to location, and provide staff knowledgeable with the facility and the goals o1'thc 1)n)i Oct. Providing documentation such as structural drawings for the roof construction and one-line electrical drmvin«s will help to speed up the evaluation and provide better results. Coordination with the utility will be dependent upon the size of the system. The cost of the study is dependent on several factors, including but not limited to: number of locations under evaluation, available structural and cicctrical drawings and size of the system. There are several considerations associated with the feasibility of the use of solar technology that will influence the scope of the study. Key considerations may include, but are not limited to, the following: • Set a goal for return on investment for renewable projects (this will help (Icternline the size) • Size and scale the project to fit with the Town's Rend`able Encrgy Goid • Determine the location of the system; roof or ground mounted • Depending on the system size and location, there may need to be an interconnection, and a net meter • Perform an Electric Rate analysis, including what the Town would receive from the utility for electricity not used. Mr. Herb Engman Town of Ithaca December 20, 2011 Page 13 (2) Wind Turbines Wind energy is another source of renewable energy that the Town may wish to consider. The U.S. Department of Energy's Wind Program and National Renewable Energy Laboratory (NREL) website provides information regarding wind energy potential. New York State specific information may be accessed at: htt ://www.wind owei-inganieric,a. o; v/wind resource maps asp?stateab=ny A preliminary look at the map below, as found on the NREL website, shows that the Town of Ithaca has annual average wind speeds of approximately 5.5 m/s. Arc-as with annual average wind speeds around 6.5 nVs and greater at 80-m height are generally considercd to have suitable wind. resource for wind development.' New York Annual Average::pry Wind Speed at 80 m Lake Ontario H4 III log � Lake Eti�,, many 4tr17d sse,t 4.5 0Q d.5 ' 80 5 17' �Q ss 55 hrw Ysk - , 50 s0 d 50 100 150 260 K#�M� 45 A'0 50 0 57 100 Miles Sc urc W.4.Sr i;r secuce Qslimates developed by AWS Tmepawer, I +J I u orWb,hlMnVJvCwa5ln6d4navgam I ewIwege com.Spatial resQlulion ofand resaQrte AWS , *•* N R E L8 25 km.Pr0jedion:UTM Zeno 1 U.S. Department of Energy, Energy Efficiency& Renewable Energy. Online Source: http://%yww.winflpo4verinE!atnerica.gov/wind resource naps.asp'stuateah-nv. Accessed October l$, 2011. Mr. Herb Engman Town of Ithaca December 20, 2011 Page 14 NYSERDA Program Opportunities NYS ERDA offers programs designed to assist municipalities in making sound energy decisions. The include support for customized energy evaluat i���n, through the Fle.vTech Program, and capital incentives for the installation of energy-ef fig i nt equipment and processes through the E_xisfiiig Facilities Program. A list of NYSERDA Program Opportunity Notices (PONS)curreiidy available that might be of use to the Town of Ithaca is provided below. Information sheets on select NYSERDA programs are attached at the end of this memo. FlexTech Program (PON 1746)-The FlexTech Pro,,;ram offers c(),,t-shared analysis of all kinds of cncr`�a efficiency technical evaluations, process improvement analysis. peak-load reduction stuchc,, energy procurement analysis, and development of peak-load curttiilment plans (PLCPs) of existifacilities as well as combined heat & power (CHP) studies k)i- implementation within existing 1-acilities to name a few. Ty pica] benefits are usually 50 percent of cost ,tudics. up to S 1,000,000 or 10 percent of the annual energy costs. More information about th , is available at tttp-//www.nyserda.iiy.gov/flextech. Existing Facilities Program PON 1219),--The Existing Facilhies Program, offers incentives on installed equipment. Pre-Qualified Incentives are available for pre-qualified equipment such as lighting. HVAC equipment, VFDs, chillers, and inters al meters for Demand/Response programs. Prorated incenti vcs are available within 90 days from the date of installation. This rebate program is ideal for regular operation and maintenance needs, and small equipment replacement and upgrade projects. A Iist of prequalified measures and more program details are available at htt 7:H/ vww.nvserda.,i =ov/existing-facilities. Performance-Base,I Incentives support implementation of projects that result in verii'iable savings of electric or natur,il _as use, enable participation in demand response, include implementation of CHP. or 1-ror-i i;- 'i-!:.:;trial process o11 ic-ncy. T}li:, program is ideal for larger projects with annual eleciric , l inL, 0i'Ci cr 250,000 kWh/year. Inceniivos are based on kWh savings per year, r Ior upstate New York. The performance-based incentive programs also hays iL'(l�[iE-cments for documentation of the projectcd savings. Engineering analysis. Mid potential measurcluVnt and verification (for larger projects), all provided by NYSERDA, are also required. More information on these programs can be found at: http://www.i sY grda.ny. ov/existing-facilities. This is a first come first serve program which runs until December 31, 2011, or until funds are fully conmillicd. whichever comes first. Historically the program has been re-initiated as program funding is established. Clean Air School Bus Program PON 1896 -This program sccl to maximize the environmental, energy, and economic benefits of introducing emission-reduction technology for New York State diesel-fueled school buses. Eligible applicants include municipalities, school districts, State agencies, departments, and public authorities. The program funds can be used to cover 100 percent Mr. Herb Engman Town of Ithaca December 20, 2011 Page 15 of the cost, including installation of the equipmew on an existing bus, U.S. Environmental Protection Agency (EPA) certified/verified cmi—Ini-ii-reducing technology such as: particulate traps or filters and oxidation catalyst that decrease em of particulate matter, hydrocarbons, oxides of nitrogen, carbon monoxide, and/or toxic air pollutants are eligible. Further information can be found at: I)ttp://www.n serda.ny ox,/Funding-Opportunities/Current-Funding-Opportunitiet/PON- 1896-New-York-State-Clean-Air-Schram-Bus-Pro,7ram asDx. This is a first come first serve program which runs until December 31, 2011, or until funds are fully committed, whichever comes first. Diesel Idling Reduction Program - The School Bus Idling Reduction Program provides funding for school bus fleets to retrofit their buses with diesel fuel-fired collant heaters. These heaters can be used for preheating an engine, as wcll as heating the cabin space while the bus is stationary, which reduce~ fuel use, emissions, and cnoine wear by preventing extended engine idling. Heaters can save 100 f.�dlons of diesel fuel per bus per year, reduce maintenance costs, and improve air quality around schools. This pro,grom is currently only available iit 11rewchester, Putnam, and Dutchess Comities. As additional funds become available, NYSf_;I:DA plans to extend eligibility to other parts of the state. The Town should watch the NYSERDA website for Program Opportunity Notices (PON's) related to idle reduction. Customer-Sited Wind Turbine Incentive Program PON 2097 and Solar PV Program Financial Incentive (PON 2112) - Renewable enei•,,y efficicncv initiatives such as wind power and '.olar phowvc)ltuic (PV) power are also eligible fur l'ui►ding, although availability of fwlding is dictated by the types and schedules of PONs postal by NYSERDA. Currently, PON 2097 and PON 2112 are open offering incentives wind and solar rcncwable energy initiatives until December 31, 2011 and December 31, 2015, respectively. Wind and PV opportunity estimating tools and certified installers can be found on NYSERDA's website at http://wwwv.nyserda.ny.gov/. Water and Wastewater Opportunities - Additional information on funding opportunities offered by N 7",SERDA for water and wastewater f acilities can be found on NYSERDA's website at http://www.iiyserd,t.ny_gov/water. Ne14 Construction Program (PON 1501) —This program provides technical assistance to evaluate and design energy-efficient options, and incentives for installation of cost-effective efficiency measures in new and substantially renovated buildings and plants. Additional information can be found on NYSERDA's website at http://nyserda.ny.grov/New-Construction. Conclusions and Recommendations There appear to be significant benefits I'ui- d1e T mvn (.)[' Ithaca to use NYSERDA programs, and the Town is encouraged to apply. Mr. Herb Engman Town of Ithaca December 20,2011 Page 16 , Please nate that NYSERDA now uses the NYS Consolidated Funding Application (CFA) for many of its programs. The CFA enables applicants to access multiple State funding sources through one streamlined application, and is accessible online at https://apps.cio.n �v/apps/ef�L/. Additional factsheets on the funding programs are attached. In addition to continuing to work with Stephanie Simons, your regional POC, please check NYSERDA's Focus on Local Government website at htt ://www.n serda.n ov/Pa Te-Sections/Conimercial-and- 111dL15t1'iFll/Sectors/Municl palibes for the latest information on funding opportunities, applications, and contact information. We trust that the NYSERDA programs described in this letter will be helpful to you in rcachina the Town's energy improvement goals. Should you lizivc any questions on the materiel, or how you may use NYSERDA programs to implement cnergg ' efficiency projects, please do not hesitate to contact us via email at Iocalgovel-nnient.�l�jj .,,ej-da.ol-g or call toll-free 1-877-717-6841. Very truly yours, MALCOLM PIRNIE, INC. Jason L. Fuller Stephanie Simons Staff Fm_illeer Region 3 POC A',1 rr,ndent Controctor to: rEnergy,Innovation.solutions. Attachments: F1exTech Program Factsheet Existing Facilities Program Factsheet New Construction Program Factsheet c: Jennifer Manierre, NYSERDA Amy Santos, Malcolm Pimie Page 1 of 4 Paulette Terwilliger AMIN From: Rich DePaolo [R De Paolo@ town.ithaca.ny.us] Sent: Wednesday, December 21, 2011 6:39 PM To: Leon Zaharis Cc: Paulette Terwilliger; Bill Goodman; NHorwitzContact; Jim Weber Subject: Re: Town of Ithaca snow plowing machinery Dear Mr. Zaharis, Thank you for your inquiry. Since I did not see other recipients attached to your email, I am forwarding this response and your original email to the Town Clerk and other committee members. The Town does have depreciation/replacement schedules for all of its vehicles, so I suspect that information could be had fairly easily. With respect to the shopping bag issue, I do not know enough about it to justify a response, but I «ill endeavor to gather more information. Best regards, Rich DePaolo -------Original Message------- From: Leon Zaharis To: rdepao1o(r-1'town.ithaca.ny.us Subject: Town of Ithaca snow plowing machinery Sent: 21 Dec 'l I 5:35pm Lean Edward Zaharis 1398 MecklenburCT Road Ithaca. New York 14850-9389 607-273-0984 Telephone December 21, 2011 Dear Mr. DePaolo, Being both a Town of Ithaca resident for 43 plus years and a retired diesel and hydraullCS mechanic I have a number of concerns as a taxpayer that I would like to diSCUSS with YOU as both it member of the public works committee and the Town of Ithaca Board. 12/23/2011 Page 2 of 4 I was in the lobby of the town offices today and I took note of-'the fact that Car�c,ill DeicingTechnology has apparently provided the town with shopping bags with the companies logo. I do not feel it is appropriate for the Town Of Ithaca to have these shopping bags with the Cargill logo in the lobby as it blatantly advertises Cargill and its related businesses to the Town of Ithaca taxpayers and others that enter the lobby of the Town's Hall for any town related business. Its really bad town business in the sense that the town buys deicing salt from Cargill's salt mine in Lansing, New York via the State Of New York Office of General .Services bid pricing to save money and also have these shopping bags in the Towns Lobby as well providing Cargill Inc., absolutely free advertising. 1 would like to see the shopping bags they have provided the town removed and recycled rather than have them in the lobby to provide both free advertising to Cargill and a knee shopping bag with the Cargill Inc. logo ori it as well. It does not look right to me as a tax payer nor should it look right to any Town of Ithaca Taxpayer. I know after reading the report you will not want have those shopping bags in the Town of Ithaca's office Iobby I call provide you with published detailed information with regard to Cargill deicing technologies salt bidding/bid, rigging with Morton Salt in the State of Ohio and it copy of the State of Ohio Attorney Generals report regarding the salt bid rigging which occurred Previously in the State of Ohio. With regard to the Towns purchase snow plowing equipment ' I would like to chat with you if possible about the 12/23/2011 Page 3 of 4 (owns eventual purchase of new snow plowing equipment for town use when the older fleet pieces are eventually retired and sold eventually at a machinery dispersal auction. First I would like to know what the age is of each individual piece of snow plowing equipment is and its proposed retirement date for scrap depreciation(which is strictly dependent upon its usable service lite costing plus any major repair expenesing which in turn adds back service life in these cases which would also increase the machines longevity) and what the adjusted eventual disposal schedule date is for the machine(s) for depreciation purposes. As concerned taxpayer I would like to see the town eventually replace its tandem axle snow plowing equipment with road graders as the new typical road grader in service is less costly to both own and operate as they are simpler to maintain and repair and there are models that can travel at 35 miles per hour or more in plowing service if required. I can and will provide you with much detail coniparing why a road grader is superior for snow service versus the use of ten wheel trucks and single axle trucks specifically for snow service proving how a b wheel drive road grader is more cost effective per lane mile for snow service. The Town of Ithaca can put its tax money to better use using two axle pup trailers to transport aggregates, sand, and salt which will reduce the number of motor equipment pieces in the service fleet and in the process save many (hoUSands of valuable tax dollars in the process. Please be assured I have no company affiliation nor am I employed by a firm ;selling road graders 12/23/2011 Page 4 of 4 with my regard to my questioning the need for heavy plow trucks for the town of Ithaca's snow removal work. Please feel free to call me this eveing if you would like to chat. I look forward to hearing from you regarding my inquiries and please feel free to call nye at my home anytime at your convenience. Sincerely, Leon. Edward Zaharis 273--0984 12/23/2011 1-he Power of P(-irtnership FREIEj'RECEAVED j; - DEC 21 2011 NAUNICIVAL ELECTRIC & GAS ALLIANCE TOWN OFITHACA A�Local Development Corporation Tow"CLERK P.O. Box 88 • Ithaca, New York 14851 Phone: 1-518-465-1473 To: MEGA Customers From: Barbara Blanchard, Executive Director Date: December 2011 Re: 2011 BID RESULTS: OPPORTUNITIES TO SAVE, STABILIZE AND ADD RENEWABLES AT LOW COST Earlier this year, we notified you that MEGA would be issuing new bids for electricity and natural gas in the NYSEG, National Grid,RG&E, National Fuel and St. Lawrence Gas utility territories, plus renewable energy credits (RECs). (A similar bid process will be followed in the Central Hudson and Orange &Rockland territories as those contracts expire.) We are pleased to inform you that the bidding was very competitive and that bids have been awarded to the following energy service companies. • Integrys Energy Services, electricity and RECs in NYSEG,National Grid and RG&E utility territories. • Hess Corporation, natural gas in National Grid,RG&E and NYSEG territories. • Energetix, natural gas in National Fuel Gas territory. The new electric and gas programs run through 2014 and provide extremely favorable pricing for all account classes represented by MEGA's municipal customers. In addition, the prices for renewable energy credits (RECs) were so favorable that most customers will be able to add "green power" and still spend less next year than they have in the past. Although no bids were received for natural gas supply service to St. Lawrence Gas customers,we are rebidding this element and hope to have a positive result later this year. Our group buying and public bid approach continues to give our participants the lowest rates, better than standard utility pricing, no matter where you are located or wl-ich commodity you are buying. Going forward, you can be confident that you are keeping costs under control, whether you choose fixed or variable pricing and, if you are a public entity, you are assured of conformance with New York State public bidding requirements. We are especially pleased about the improvement to the electricity program mentioned above that will allow you to blend RECs (renewable energy credits) with your electric purchase, if you choose to do so, at less than one-tenth the price of a few years ago. Many of you will be able to add in RECs for 100%of your usage and still spend less overall than you did last year. NEXT STEPS: As your current agreement comes due for renewal, representatives of the appropriate energy suppliers will contact you with pricing for the next period. Our suppliers will be sure to mention that your pricing is through the MEGA program, assuring you of both the best pricing and conformance with State bidding requirements. If you have any questions, please don't hesitate to contact me (607-227-3149) or our consultants at EnergyNext, Inc. (518-580-9244). We look forward to continuing to support your efforts to keep energy costs under control, in the best interest of your taxpayers. Thaler & Thaler Richard B.Thaler Attorneys and Counselors at Law Louis K.Thal er(1903-1979) Guy K.Krogh 309 North Tioga Street Thomas D.Cramer P.Q. Box 266 Service By Fax or other Electronic Katrina Thaler Medeirost Ithaca, New York 14$SI-0266 Communication Not Accepted Lorraine Moynihan Schmitt --- Telephone: (607) 272-2314 talso admitted in Massachusetts Michael P.Porciello Fax: (607)272-8466 �\. GK,rogh@thalerandthaler.com f December 27, 2011 �' ' �' Herb Engman, Town Supervisor Town of Ithaca 215 North Tioga Street Ithaca, New York 14850 RE: Ethics Laws / Updates Dear Herb: Just a heads up so you are aware that the Attorney General is currently in the process of requesting and analyzing every ethics law or code in the entire state for all 932 Towns. They are specifically looking at local ethics laws and codes to ensure they are updated to the current requirements of General Municipal Law Article 18, particularly as relates to gifting, nepotism, and conflict of interest. If your local law or procedure authorizes an ethics board but you dont have one, this could be problematic. If you do not have an ethics board, that is not an issue as the statute then defaults to the County Board of Ethics. The Attorney General, by official press release has indicated that they will take approximately 90 days to gather all the information and they will make it all public. The implication, flying under the radar, is that they will also make public any enforcements, violation, or fine proceedings for a lack of compliance with the current requirements of the General Municipal Law. This is because they are trying to show that Attorney General Eric Schneiderman is concerned about integrity in the law and of public officials, but it is more importantly by the fact that the Attorney General has assigned "public integrity prosecutors" for all 13 regional offices of the Attorney Generals office, and has also established a special protection bureau to deal with corrupt government contracts, etc. Much guidance on ethics requirements generally, as well as this issue with the Attorney General, has been posted by the Associations of Towns. That is likely a first best stop for information, though I also have it as well. It is my recommendation that you take this matter seriously as the red flag appear to be waiving. Please let me know if you have any questions. Very truly yours, THALER&THALER �.L� Guy K. Krogh, Esq. GKK/tlf Enclosure Cc: Susan Brock, Esq. 2