HomeMy WebLinkAboutTB Minutes 2011-12-30YEAR-END MEETING OF THE ITHACA TOWN BOARD
Friday, December 30, 2011
10:00 a.m.
AGENDA
1. Call to Order
2. 10:05a.m. Public Hearing regarding a Memorandum of Understanding for
the Extension of the Contract for Fire Protection with the Village of Cayuga
Heights for Fire and Emergency Medical Sen/ices for Portions of the Town
of Ithaca
3. Persons to be Heard
4. Discuss Committee Appointments
5. Discuss Proposed Roster Change to the Ithaca City Fire Department
6. Consent Agenda
a. Approval of Minutes -12-12-2011
b. Town of Ithaca Abstract
7. Consider an Executive Session to Discuss the Possible Acquisition of
Real Property
8. Consider Adjournment
YEAR-END MEETING OF THE ITHACA TOWN BOARD
Friday, December 30, 2011
10:00 a.m.
MINUTES
Board Members Present:
Herb Engman, Supervisor; Bill Goodman, Assistant
Town Supervisor; Pat Leary, Tee-Ann Hunter, Eric Levine, Rich DePaolo,
Nahmin Horwitz
Staff Present
: Bruce Bates, Director of Code Enforcement; Judy Drake, Director
of Human Resources; Jim Weber, Highway Superintendent and Paulette
Terwilliger, Town Clerk
Call to Order
Mr. Engman opened the meeting at 10:03 a.m.
Mr. Weber reported to the Board that the NYS DOT has closed East Shore Drive
at the intersection of the Route 13 exit ramp and East Shore Drive due to a box
culvert failure. They expect the road to be closed for at least 5 weeks as they
have to order the part. The location is on a state highway and they are
responsible for the maintenance and the detours. They are working with the
school district to mitigate safety concerns during drop-off and pick-up times.
10:05a.m. Public Hearing regarding a Memorandum of Understanding for
the Extension of the Contract for Fire Protection with the Village of Cayuga
Heights for Fire and Emergency Medical Services for Portions of the Town
of Ithaca
Mr. Engman opened the public hearing at 10:07a.m. and explained that the
extension is needed until negotiations are completed. The delay has been due to
scheduling and illness and there are no anticipated problems.
TB RESOLUTION NO: 2011- 214: Approval of a Memorandum of
Understanding for the Extension of the Contract for Fire Protection with the
Village of Cayuga Heights for Fire and Emergency Medical Services for
Portions of the Town of Ithaca
WHEREAS negotiations for a new fire contract with the Village of Cayuga
Heights are ongoing and
WHEREAS the current Contract for Fire Protection expires December 31, 2011,
RESOLVED that the Town Board approves the Memorandum of Understanding
providing for an extension of the fire contract with the Village of Cayuga Heights
until December 31, 2012 or until a new contract is established if earlier and
TB 12-30-2011
Page 2 of 6
Be it further
RESOLVED that the Ithaca Town Board hereby authorizes the Town Supervisor
to sign the Memorandum of Understanding on behalf of the Town of Ithaca.
Moved: Eric Levine Seconded: Nahmin Horwitz
Vote: Ayes – Levine, Horwitz, Engman, Leary, Hunter, DePaolo and Goodman
Motion passed unanimously.
Persons to be Heard
Sharim Bower (sp) addressed the Board regarding proposed deer culling in the
Village of Cayuga Heights. Ms. Bower stated that she was speaking for a group
of professionals who were concerned about safety of residents, pedestrians,
joggers and children who may be in the area and not know it. They were also
very concerned about the psychological affects on children who may see this
event. She submitted and quoted from a handout regarding safety issues
regarding stray bullets and the impact on children. (Attachment #1)
The group is asking the Board to find out when and where the deer culling is
going to take place because the Village will not tell them. She added that this
was not to organize a protest, but to enable those nearby residents to take
precautions to ensure their safety.
She went on to explain that many Town residents go through the Village of
Cayuga Heights regularly for recreation and business and they would like to
know when to avoid the area. It is their understanding that the program will go
on for a number of months in a number of locations and the Village is not telling
them when and where. She quoted Department of Defense statistics on stray
bullet trajectories’ which they are very concerned about as well as deer that may
not be killed immediately and having wounded deer running around.
Mr. Horwitz asked how she would react to the statement from the Village that a
sharpshooter will be shooting down from trees with fragmenting bullets. She
responded that a child could walk across the property under the tree and be in
the line of fire.
Mr. DePaolo was concerned about the town being responsible to notify residents
and he did not see anything in the permit about stating specific dates and times
and she responded that the Village and the Police Department will know the days
and times and the property owners participating by allowing the culling on there
property will know the dates and times but they are not telling anyone else. Mr.
DePaolo thought that that is public information that residents should be able to
request. Ms. Bower responded that they can only request it as outsiders, which
is what the Village looks at them as, and they can only do it through a FOIL
request and there is a 30 day response time to fulfill that request. She added
Approved January 23, 2012
TB 12-30-2011
Page 3 of 6
that they have experienced a lot of stalling from the Village in giving any
information to them.
Charlene Temple addressed the Board stating that she is a certified social
worker with over 30 years experience and she lives on Renwick drive, just 528
feet from the Village and she sees joggers and walkers very early and very late in
the day running through the woods in the Village and she is concerned about
people and animals being safe.
Ms. Temple went on to report that at the last Village meeting, the Village stated
that they are going to send out a survey to Village residents to canvass opinions
from the residents. She is hopeful that it will be denied by the residents, but she
is concerned about the trauma of seeing dying deer in the area.
Leon Farley addressed the Board regarding a water bill that his mother received
where the amount had jumped hundreds of dollars.
The Board asked whether he had talked to Bolton Point and Mr. Farley
responded that he did. Mr. DePaolo thought it sounded like a leak, but Mr.
Farley responded that they did not have a leak.
Follow-up and Comments from the Board
Village of Cayuga Heights Deer issue – Ms. Hunter wondered if the Village is not
giving out dates because they are concerned about protests and wondered if we
know why we are not being told. Voices from the audience: think that the Village
is concerned with pedestrian traffic scaring the deer away which would delay the
culling. Another voice stated that unlike “hunting season” which residents know
about ahead of time and can avoid areas or take precautions, no one knows
when this is going to happen. Ms. Hunter went on to say that she understood
that shooting could not happen within 500 feet of a residence and Mr. Engman
added that he had read that property owners would be giving permission for the
shooting within 500 feet of their residences before the start of the culling.
Mr. Engman thought the question at hand is whether the Board would like him to
to request the information from the Village. Mr. DePaolo thought that it is public
information and regardless of whether it is a controversial issue or not, people
still have the right to know when people are going to be shooting in the area and
if we can encourage the disclosure of that information we should.
Mr. Horwitz thought there are two sides to every issue, and we should ask the
Village their reasoning behind not giving the information and then decide. Mr.
DePaolo felt the Board needed to make the decision now and he thought it
should be. Mr. Levine agreed that it should be done with full disclosure.
Discussion followed regarding the actual permit, FOI L requests and the Village.
Approved January 23, 2012
TB 12-30-2011
Page 4 of 6
Mr. Engman summed up the feeling of the Board saying that he was hearing that
the Board would like him to contact the Village and ask them for information on
their plan and the reasons they are conducting it the way they are and to then
request that the dates and times of the cullings be made available to the Town.
Water Bill –
Mr. Engman reported that he did talk to Judy from BP and the meter was only
read twice in the year and the billing is correct. The only thing they could do is
test the meter and if that came back fine, the resident would have to pay for the
test. If there were leaks involved in the timeframe, that would be the resident’s
responsibility. He added that we have had residents leave garden hoses on or
find leaks only after a high water bill is received, but it is their responsibility.
Mr. Farley responded that they checked for leaks and the downstairs has the
water shut off to it.
Discussion followed on the numbers and the billing cycles. Mr. Engman summed
it up by saying that we will continue to look into it, but the next step seems to be
to test the meter.
Discussion regarding the Lieutenant position was moved up.
Discuss Proposed Roster Change to the Ithaca City Fire Department
Mr. Engman summarized the change, noting that the proposal is to create a new
Lieutenant position to a division that mainly does fire inspections for the City, not
the Town. Chief Parsons disagreed and pointed out that it is basically a
promotion and does not increase the number of bodies and this is a department
that brings in revenue for the department as a whole. The revenue generated
does not pay for itself but the staff is available for fire protection during the day.
The job description and shuffling of duties require a promotion to lieutenant and
the difference in wages is about $6,000. Chief Parsons added that they have
been reducing staff over the last few years and consolidating duties etc to
economize and do whatever they can to be economical.
Discussion followed on the history of the Fire Prevention Bureau, the staffing and
the duties.
Mr. Engman noted that there is no motion on the floor and the Board needs to
th
think a bit more about this and be ready to decide at the January 9 meeting.
Discuss Committee Appointments
Mr. Engman noted that Mr. Horwitz would like to stay on the Budget Committee
and he stated that he would agree to add Mr. Horwitz and we could advertise the
Approved January 23, 2012
TB 12-30-2011
Page 5 of 6
meeting as one which may have a majority of the Board present. Ms. Hunter
stated that she would not mind switching with Mr. Horwitz from Budget
Committee to Personnel Committee. Mr. Engman responded that that would be
another option, but what he was trying to do was to have more of the entire town
board experience more of the entire town's operations and rotate members
around. There were no objections to switching Mr. Horwitz back to Budget and
Ms. Hunter back to Personnel so Mr. Engman agreed to do that.
Mr. DePaolo asked if Ms. Hunter would then go back as Chair, but he noted that
the Personnel Committee seems to be combined with another committee. Mr.
Engman explained that the Operations Committee has not had a lot of items and
this new Personnel and Organization combines the two. Mr. DePaolo asked if
Ms. Hunter would then be Chair of that new committee because she had been
Chair of Personnel as opposed to Mr. Goodman who would be in his first year in
either of the committees that now make the combined committee. Mr. DePaolo
wanted to hear Mr. Engman's rationale for having Mr. Goodman serve as Chair.
Mr. Engman responded that the Chair works more closely with staff and get to
know staff better.
Ms. Hunter noted that Mr. Goodman is Chair of many committees and it is a little
weighted on one side. Mr. Engman responded that he is not Chair of any
committees and feels that the Supervisor should not be Chair and that is what he
would be working towards after giving Mr. Goodman this exposure.
Mr. DePaolo asked Mr. Goodman to comment on the issue under discussion and
Mr. Goodman responded that he did not see that being Chair was any particular
plum or benefit; he sees committees as being a group of three working together.
Mr. DePaolo asked if he would have any objection to anyone being Chair then
and Mr. Goodman responded that he would have no objection but he doesn't
have an objection to remaining as Chair either.
Mr. DePaolo felt that the Board was asking for a singular change, not many and
asked Mr. Engman to explain the rationale behind his choices because he felt
that board members have access regardless of whether they are Chair and he
wanted to hear a little bit more about the emphasis on advancing Mr. Goodman's
position on the Board and the Committee structure in his new position and
responsibilities as Deputy Supervisor. Mr. Engman responded that what has
been proposed by Mr. Goodman taking some of his salary and increasing his
time, the way they were going to divide the responsibilities was the Mr. Goodman
was going to take a lot more of the responsibilities for committees and he would
take less and in going through the committees and looking at the balance and the
amount of work to be done and getting him engaged with the committees, what
he had laid out was overall what would be best for the Town and that is why he is
very loathe to start switching things around. Mr. DePaolo responded that having
Mr. Goodman on the committee achieves the same thing without him being chair.
Approved January 23, 2012
TB 12-30-2011
Page 6 of 6
Mr. Levine commented and addressed Mr. Engman saying that although this is
just a discussion, the work that the Town Board does is mainly through ^
committees and it is important to take into consideration the way we would like to ^
do it and although it is his decision, he would like to know if he would consider
making the change between now and the Organizational meeting because the
Board seems to support the change and Mr. Goodman seems not to care.
Consent Agenda
TB RESOLUTION NO. 2011- 215: Consent Agenda
BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby
approves and/or adopts the following Consent Agenda items:
a. Approval of Minutes of December 12, 2011
b. Town of Ithaca Abstract
MOVED: Bill Goodman SECONDED: Rich DePaoio
VOTE: Ayes - Goodman, DePaolo, Hunter, Levine, Leary, Horwitz and Engman
Motion passed unanimously.
Consider an Executive Session to Discuss the Possible Acquisition of Real
Property and Contract Negotiations
Motion made by Pat Leary, seconded by Eric Levine at 11:15 a.m.
Motion made by Rich DePaolo seconded by Pat Leary to reenter regular session
at 11:55a.m.
Meeting was adjourned upon motion by Bill Goodman, second by Eric Levine at
11:56 a.m.
Respectfully submitted by
Paulette Terwilliger
Town Clerk
n
Approved January 23, 2012
becember , 2011 at 5;4S SMtlon 209-q of the Improvement in the ai^'of . i u jPM Prevailing Time, for the Town Law, the permission The Town described as fol- od of firJSs^be eni If^^e Tfif f" °purposes of conducting a State Comptroller is lows and as more partidu- ployed the 6ct that a olan not rwi rriri fo h i °Jpublic hearing on such Jro- required for such im- lady shown and deLt^'d Sv^ZfanJ^r I^^S'vS^Sh^esuTS
posal to provide said Im* P'^ovement, and be it tn said plan, report and map the same are on file In tlie FURTHFH rpqai \/cr> t n u a. cprovement, and to hear all FURTHER RESOLVED, presently on file in the of Town Clerk?offlce fol pub fha^Iurslnt m fi2 f' " °^o-„persons inter^ted in the fi« of the Town Clerk: Re- lie inspection, and specify- 6(d) of Section 209.qof1he a^^'-^'eeAsubject thereof concerning «d) o Sect on 209-q ^ the place an. exisUng 200,000 ing that said Town Board Town Uw. the Town Clerk Hunter a:^ Erin Ipiw
he same, and Town the Tow Clerk gallon steel water tank with shall meet at tha Town Hall, .s hereby directed and or ml nnri hmh n.oWHEREAS, copies of said hereby directed and or- a 500,000 gallon gbss- 215 North Tloga Street, In dered to Muse V cTrlifi^ Tb The Order wEffh
Order were duly published dered to cause a certified lined water tank on the Ithaca, New York in said coovofthkCHorMhlri 1 i.nd po=,ed according ,o copy of,hie Order Jo h. dn—™, loc.nd .l».n To»,, onTh. .gli, Say S "^5 So gilt rf T "
and said Town Board y-forded m the Office o West Northview Road. In- December. 2011 at 5:55 the Clerk of the County of NOTICE OF PUBLICdid, at the time and place C^rk of the <:oun^ of stall new concrete base, PM Prevailing Time, for the Tompklns within terr dM HEARINGS '
specified in said Order, du- f d ether related anci'lary purposes of conducting a of the date this Order bm TO BEHELD ATly meet and consider such o' 'he date this Order be- facilities, and be it public hearing on such pro- comes-'"'Active Dursuant ITHACA TOWNproposal and held a pubk eomes eHect,^^ ^rsuant FURTHER RESOLVED, posal to provide saidl- to Town^ lection 9? B<dS|D MeSsheanng ,n which It heard all Pf^-^ent, and to hear ail which when so recorded' ON THE FOlSSgpersons interested In the mined to be benefited by persons interested in ttre shall be presumplwrld; DATKANDTiS
subject thereof, who ap- shall be presumptive evi- said Town of Ithaca subject thereof concerning dance of the reoularitv^f IMS a m on
peared at such time and regulanty of Northview Road Tank Re- the same and ih« reguianty of 10.05 a.m. on Decemb
place, concemirg the and action placement Water Improve-VWEHE/^ copies of said taken bv thp'T^Ln"R • 2Df I to consider pobisame, and laken by the Town Board in lent is all of that porlon of Ord^^e duriib shld ,h JZ h ^WHEREAS, the Town relation to the aforesaid im- thelownoutsideoflheVll- and posted acloX t ' stnMT ll.endnnMk
STeX—.. ygo, X.1, XXXXe oX'
s: rtiyXrxt: rT„r rs xJ'.xrr.t rxs irs -place, and rdl call, wf.ich resulted as costs of said Improvement Ip^Sl and l^d a puS S ows-'
WHEREAS, at its regular follows; Herb Engman, shall be borne wholly by hearing in which It heard ail ave- Rill rnnrima o k'^ ° ®meeting on December 12, Bill Goodman, aye; property within the Town of persons interested In the aye Tee-Ann^HulT 2011 rol ri""®'^hi!2011, the Town Beard de- Pat Leary, aye: Tee-Ann Ithaca water improvement Uect thereof do e^ aw. F J M 1 P"''"termined approval, con- Hunter, aye: Eric Levine. benefited area, being the pS at s^ch uM dnd Ind Wrh 7 ' T a Proposesirucllon and implementa- aye: arid Rich DePaoto: enUre area of the Town out- place, concemtag "'the The Order was theieuMn telsT^onhTTSl^oSrtion of the Improvement, aye. The Order was there- sideof the Villageof Cayu- same, and declared IV r^ h
, which Is an Unlisted Action'-'Poa declared duly adopt-ga Heights, and be it WHEREAS, the Tbwn NOTICE oMuBLIC RnJAM pri o Vpursuant co the regulations ad- FURTHER RESOLVED, Board now des^ toT HCARlNr
of the New York State De- NORTHVIEW ROAD ,hat ^ the maximum pro- thorize ^e iSvSnent in the Sr A P,v> Adda onal Pa^l t.partment of Environmental TANK REPLACEMENT posed to be expended by based on the evidence of- nosed Water Imnrnvement PVI®Conservation promulgated WATER the Town of l^ca for the feld 1 such time aid In Ve^^n V"pursuant to the State Envl- IMPROVEMENT Improvement, Including plaM arid LoL Tnuntl V'®
ronmental . Qualay Review I"'I*® Matter of a Proposed costs of rights of way, con-WHEREAS at Its recular York nursuani t^ ArKHB n. "i "P®P®"dent LhrinjAct, vwll not result in any Water. Improvement In the strxrctlon costs, legal fees meeting on Declmber^TV ^2-0 ofZMwn £ o S Vnf
SriV SMrt" rsiSMTsM'j: f? LMXny rrr Th'
. =uXiJXi'a 51 sxcrst Sr" "
(1) Ttie notice of hearing placement Water Improve- notes, and upon maturity of York State Depariment of mate oncost hie been 215 N Ttoca Sir^l fiha^
s="^ru..y xsxxrx xrsxrx Sp^sxxH xx'X' :within the proposed bene- duly prepared in such rnan-Ithaca to mature in annual cause the Action constl--of the ToVn T ifhacl T^erk 'filed area is benefited by "er and in such detail as installments over a period tutes Veplac.ement, rehabil- TompWns Counhr l^eV l^sSol^
proposed Improvement, hf heretofore been deter- not to exceed 20 years, or Italion or reconstruction ofXcrk relallna tVVhe crlO) That all of ^e prcperty ^ " Stlc ion, " ,'o j® lunVuiaTedJoupJ^Ve-teneflted IS included within °f 'f;e Tow of Ithaca, such b^ds, such notes kind, on the same she,-and suant to Article 12-C of the -x/Se Buipustsmo <(,tu8Srh^ proposed benefited New and o^s ,o ^'d from thus approval, coristructlon Town Uw, of water system ^ VlOO'OSrhS j® uog.od i
rai -n, > .r, • tion port ooo f j V j levied upon and, implementation of the Improvements to be known Ui Buipunjar aqt ezuoqine(4) That the proposed d®" a"d construction, pur- and collected from the sev- Improvement • are not sub- and identified as tho Town 1 'asodmrt jo losi
method of apportioning the 'o Article 12-C.of the eral lots and parcels of land ject to revnew under of Ithaca Penny Une Water "AagHgHi agaNnflw'
costs of jhe Improvement Town Law, of water system in said Town of Ithaca wa- SEORA: Main RoniaoJloor wf V /o. rl
should not be changed Improvements to be known ter system benefited area NOW THFRFFHRP nr it \ spacement Water ^ Oi SQN08 3Hi ^0 IN:(5) It Is in tha puttie Inter- and identified as the Town which al dlmed bertel^ SlI^D fJ and herein- Jl-AVd 3HiaW Oi3a3sst to authorlzl establish, ®f I'haca Northview Road edbysaWfm^lvtmern o £.2Mt i.MMd heZ tVroSlnf -rt' fnand ^ke the Town of i.ha- Tank Replacement Water much upon L from each is deleSltsTiowf sS^XrolrnMr n' S G W SONo'S^SM Hungertord Hill Tank herem- as shall be in Just propor- (1) The notice of hearing cSTeVtST to tie 3 sV^-S'
Renovatroh Water Imcrove- af'®'" a'so referred to as the tion to the amount of the was nnhliehort anrt . X®"®'®"®- '® '"® > UNIU^ iddB. bV All
xxr- - :E£5S - ~=€!
FURTHER RESOLVED. ®'"ding extensions, to the same, and be It (2) Tbai ai! nf impr^ernent '® U blQ n(X)HOS iVaiN
that the Town Board does Town water - im^ FURTHER RESOLVED within the orooosr^ ih"T (iV I N3GAaa3HidOSaNihereby approve, authorize pvement. such water sjra- that this Order is subject to fited area Is benefited by WHE^S 'sairpteli re 30fSSId TvSl *3and establish the Town ol f®"^ 'mpr^ament to U a permissive refe.rendum In the proposed Improvement portTnT^lap InclX eV H dO 0
Ithaca Hungerford Hill Tank constructed and owned by the- manner proVded in O) That all of the nrr^rv^rtv ® .ni .-m ^
XafX-XS" SXXXX rx „ESCLVED r TH., .g XJo™, .„0 Oero,lb.d t paood by. 000,2?..„gi. ,b.. ,b. «„«eb XX 'o °2d
said plan, refwit and map "ej- duly licen^ by the of the aforesaid Improve- costs of tha Improvement Town, where the same are'OD 'PUIS
r/oTttTorael:^ S inMeXfof "e 1:1 X^pLSfofThV iXttMXe ™®^luaouap.R^abilltate the 500,000 ^lerk, th®.s®'d full valuation of the taxable esl to authorize, establish, tion, an7 p s, ta>i™Afis
^tonstwlwatertank io. did. on NpvemUr 7. real property in the area of and make the Town of Itha-WHEREAS the area of—cated above Hungerforp duly adopt an Order said Town outside of vil- ca Danbv Road Tank Re sairt Trb«,n rtaior,,.- . 01Hill Road ,0 extend ,h^ -oltlng the proposed Im- lages and. therefore, in ac placale^i SrUproS-seiv.ce fife another 15-20 ® d®®cnpt,on of cordance with the provi- ment as hereinafter descri- of Ilhrc: Sny U^e W^le "
years before replacement, "i® boundanes of the pro- sions of subdivision 13(a) bed, and be it Main Raniar-Jlon. w
The following work will be POsed benefited area, the of Sectfon 209-q of the FURTHER RERDI VFn 1 F ® ® ' Wateperformed: amour,, proposed Town Uw; the p^rmTssS tU^Town SS leMMeMr^a'^TsalCoat interior of Tank (flr,al 'q.b^expended for the Im- of the State; Comptroller Is hereby approve, authorize Town 1(06011^ tllrefS'coating material ,0 be provement, the proposed not required for such Im- and establish the Town of the areTcSalnerSln
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Concerns About Local Law J
The proposed law is on ihe \^age web site: wym.cayuga-heights.ny:us/doc/PilJFirearms.pdf
Unresolved Safety Issues
1. Safety cannot be guaranteed by police: On the subject of bringing in outside contractors to shoot
deer, Police Chief Tom Boyce said: "Making things safe for the community is, to a large part, making
the decision to shoot or not shoot and if CHPD [the Cayuga Heights Police Dept] is not shooting,
I cannot guarantee that safety." (2/10/09 memo to Deer Committee Members)
2. Risks have not been Independendy assessed^ During the state-required environmental review
process, there was no assessment conducted bv a qualified 3rd-partv s^etv expert free of conflict of
Interest. Instead, White Buffalo, the same firm that is now being contracted to perform the shooting,
made representations about the safely of their own practices. Local Law J, which permits contractors
associated with the deer management program to carry loaded guns and discharge them within the.
village, likewise does not require a 3rd-party safety assessment or offer any specifics, about procedures
that will be used to maintain public safety. It also does not require anv public notification about when
and where shootina is going to be tatdna place.
3. NVs 50& foot rule does not eliminate all risks: For the killing program to be undertaken, many
residents will have to sigri off on having firearms discharged within 500 feet of their homes. Even If vou
don't give this permission, vour home could stiii easilv be within bullet range. Children playing outdoors,
bikers, drivers, walkers, and companion animals in yards.are all potentlaily at risk from any nearby
bait-and-shoot sites. There is no unpopulated area in the Village large enough to rnake this shooting
risk-tree.. Other much larger municipalities that have carried out bait-and-shoot programs haye done so
in parks and wooded areas far away from residences. It is unprecedented in NY State to attempt a bait-
and-shoot proaram so close to so manv homes.
4. Misfired bullets can travel more than 500 feet: A recent study by the US Army showed the range
of a typical rifle bullet to be up to 2.6 miles (US /Vmy Picatinny Aisena! study, Mardi, 2007). Cayuga Heights
is only 1.7 square miles, whidi means a bullet misfired anywhere within the Vjllaae can be potentlallv
dangerous not iust to viliaQers. but also to people In Ithaca or Lansing. In 2008, a retired professor in
Vermont, sitting at his kitchen table eating dinner with his Wife, was killed by a stray bullet fired from
700 feet away. And in 2004, a pregnant teenager in Pennsylvania was shot in the head while sitting in
a parked car by a hunter over half a mile away. Accidents of this nature occur in communities all over
the US every year.
5. Even expert marksmen cannot control every variable that would ensure safety: Detective Alex
Bakos, a trained police sniper and SWAT team member, said this of the bait-and-shoot program carried
out by White Buffalo in Solon, Ohio: "This is insane. No expert could ever sav shooting In a residential
area is safe. There is little control. And once that bullet leaves the rifle there's no wav to get it back."
(Cleveland Plain Dealer. 3/17/05). Indeed, In 2005, a bullet fired by a trained police marksman taking part
in /Vnherst, NVs bait-and-shoot program passed through a deer, struck an unknown object, and rico
cheted into a nearby home, blowing a baseball-sized hole in the second story window. A young father
was inside with his son at the time, but fortunately they were on the first floor and neither was harmed.
6. Any bullet that can kill a large mammal can kill a human: Even "frangible" bullets, designed to
reduce the chance of ricochets,- are extremely dangerous. If misfired, th^ can maim or kill bystanders. '
According to the manufacturer that produces the frangible bullets recommended by Police Chief Boyce
for the deer-killing program, these bullets can penetrate glass and plaster walls, creating a debris cloud
of fragments that "are capable of significant penetration...Collateral damage is a serious threat."
(Homady Law Enforcement)
(continueci on-back)
Conceras about Local Law J were.drawn up by 67 concerned residents of Cayuga
Heights and sent to all Ca3niga Heists residents on December 15^, 2011.
7. Deer panicked by gunshots present a risk to motorists: The potentiai danger of an injured or ,
frightened deer running into roads and causing coliisions is very reai. A10ryear study by Erie insurance
Company showed that, in some Pennsylvania communities, deer-vehicle coliisions soiked 300-400%
on the first weekend of huntino season. This could explain why deer-vehicle collisions sometimes
increase after bait-and-shoot programs are implemented.
Unanswered Liability Questions
1. What will my personal liability be if I participate in the program? The Village Board has Just
authorized the purchase of several million dollars of additional liability coverage connected with the
deer program, it Is unclear if there are personal liability issues for homeowners who permit baiting
and shooting to take place on their property or sign a waiver allowing shooting within 500 feet of their
homes. It is also unclear how this may impact home owners' insurance policies, not to mention
property values, or the impact on neighbors' property values. For example, if vou sign a waiver that
allows shootina within 500 feet of vour home, and a misfired bullet were to end up doing damage to
vour home, or InjurinQ someone on vour propertv. would vou be covered? If vou allow shots to be fired
from vour prooertv. can vou be sued if a bullet hits vour neighbor's house, or if something else goes
wrong? Basic questions like these have never been publicly discussed by the trustees, so village
residents must take it upon themselves to be sure they are protected if they sign a waiver.
2. How responsible will the vlliage be for the actions of its deer-kiliing contractor? According to
media reports. White Buffalo, the contractor chosen by the trustees, settled two lawsuits in communities
where the firm performed simitar services. One lawsuit awarded $25,000 to a woman who claimed, "the
city and White Buffalo conspired unlawfully to silence her and deprive her of her right to free speech"
(Solon Herald Sun, 12/18/08). In another community. White Buffalo's emoiovees were documented with
hidden cameras suflbcatina wounded deer with plastic baas over their heads long after the animals had
been shot Several veterinarians who viewed the video called the killing procedure "inhumane."
{www.sharkonline.org/?P=00000d0431)
Uncertain impacts on Quality of Life
1. Disturbance of the peace: The trustees have acknowledged that the discharge of auns will be
audible to residents. When the killing commences, there will be multiple shots fired in succession.
Children may be disturbed from their sleep, and those who have PTSD or who startle easily are likely
to feel increased anxiety While the shooting is going on. Wounded deer may wander onto the properties
of residents who have not agreed to participate in the program, as has happened many times in other
communities where bait-and-kill programs have been undertaken.
2. Annual, long-term disruption of viiiage life: The deer kiiling program will not be a one-time event,
it will go on for several weeks every year for each of the next 10 years, or more. So we can expect a
decade or more of winters where we will hear bullets fired, where we will have to worrv about our
famiiv's safetv. and where we will have to curb our outdoor activities.
3. Tension between neighbors: The pi'oposed shooting program has already created conflict and ill
feelings between rieighbors, which will only intensify when some residents allow shooting in their yards
while others are vehemently opposed to it. The Village recently passed a new fencing ordinance which
will offer much-needed relief to gardeners fiiistrated by the browsing of deer, so whv not see how these
new fencing ootions plav out before taking such drastic and dangerous action? , ,
ver plan will impact children - Ithaca Times : Opinion http;//www.ithaca.coni/opimon/article_49e809a6-2b4c-llel-a47c-0.
Deer plan will impact children
By Karen Chimento, Licensed Clinical Social Worker; Camille Doucet, art educator and artist;
Kathleen Hunt, MA (Science Education); Iva Lesky, MA, CSA student teacher supervisor;
ICSD Elementary Principal, elementary and middle school teacher (retired); Leslie
Morningsky, Ithaca City School District elementary school teacher (retired); Elizabeth (Betsy)
Root, MSW, Ms.Ed,, Licensed Clinical Social Worker, author; Patty Sprague, The Safe Child
Project; Charlene Temple, MSW, Licensed Clinical Social Worker,; Mary Williams, M,Ed.,
former elementary and preschool teacher | Posted: Wednesday, December 21,2011 12:00 am
As educators and mental health professionals in Tompkins County, we are extremely concerned that
the deer eradication strategy proposed by the Trustees will endanger the children of this area both
physically and emotionally.
As we understand it, the trustees plan to hire an outside contractor to draw in groups of deer with bait
and shoot them en masse. This shooting will occur in close proximity to family homes.
Carrying out the mass slaughter so close to homes threatens the physical safety of children. Recently,
two children in a daycare center in Michigan were accidentally shot by a deer hunter. Middle school
children and teenagers could find themselves in the line of fire as they hike or explore in the woods
throughout Cayuga Heights. We remain unconvinced that the Cayuga Heights trustees can provide
clear and conclusive evidence that their plans will not result in physical harm to the young people of
our community.
The mass killmg strategy will also result in emotional harm to many children. In our experience, most
children have strong positive feelings about wildlife and animals, including deer. We have seen the
strength of this bond over many years of working with children. The news of any massive deer kill
will quickly pass through the larger community to children of all ages. The baiting, entrapping, and
systematic destruction of a whole population evokes the horrors of war and wiU most certainly offend
children's sense of fairness. Seeing a wounded deer, blood trails or other evidence of the killmg
process may be scarring, especially when the children will know this was not the result of an accident,
but part of a deliberate campaign. Some children will recover in a few days, some in a few months,
and some may be permanently damaged.
How can children be expected to differentiate between the mass killing of a population of large
mammals because they are "inconvenient" and the potential for the killing of their pets, birds,
squirrels, themselves? How can children be expected to be aware of this action but understand that
random killing and torturing of living things is an unacceptable behavior?
An important aspect in child development is the forming of values. Research has shown a strong link
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Deer plan will impact children - Ithaca Times ; Opinion htq>://www.ithaca.com/opinionyailicle_49e809a6-2b4c-llel-a47i.
between cruelty to animals and subsequent cruelty to humans. Especially for children who are having
difficulty establishing appropriate behavior, the current plan for deer eradication will confuse
children, and reinforce violence and destruction as suitable actions. We may well be faced with more
incidents of harm to vulnerable people, pets and wddlife in the future, if the planned slaughter of deer
takes place.
Decisions by the Caynga Heights Trustees will profoundly affect the children of Cayuga Heights and
the wider community. Please choose to model the use of reason, compassion and creative alternatives
to violence.
As educators and mental health professionals we know how damaging adult decisions and actions can
be for children.
The Trustees have a responsibility to protect om children. We urge you to do so.
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